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CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-1
May 12, 2021
12.2 RURAL (A2) ZONE
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within a Rural (A2) Zone for any purpose other than one or more
of the following uses, or uses accessory thereto. Such erection or use shall also
comply with the prescribed regulations:
12.2.1
PERMITTED USES
Abattoir
Agriculture
Agricultural Processing Establishment -
Stand Alone
Agricultural Storage Establishment
Community Garden (By-law No. 21-189,
October 13, 2021)
Farm Product Supply Dealer
Kennel
Livestock Assembly Point
Residential Care Facility
Secondary Uses to Agriculture
Single Detached Dwelling
Veterinary Service - Farm Animal
12.2.2
PROHIBITED USES
The following uses are prohibited:
a)
For
lands
located
within
Vulnerable Area 1 as delineated in
Figures 5.0, 5.1, 5.2 and 5.3 of
Schedule "F"-Special Figures:
i)
Waste Disposal sites under
Part V of Environmental
Protection Act that include
the following activities:
1) storage, treatment and
discharge
of
mine
tailings;
2) land
farming
of
petroleum
refining
waste;
3) storage
of
polychlorinated biphenyl
(PCB) waste;
4) application of untreated
septage to land;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-2
May 12, 2021
5) injection of liquid waste
into a well;
6) storage
of
hazardous
waste;
b)
c)
ii)
hazardous
waste
management facility;
iii)
waste management facility;
iv)
Salt Storage Facility that can
accommodate 5,000 tonnes
and greater;
v)
snow storage facility greater
than 1 ha in size;
vi)
Motor
Vehicle
Service
Station;
vii)
motor vehicle collision repair
establishment.
For
lands
located
within
Vulnerable Area 2, as delineated
in Figures 5.0, 5.1, 5.2 and 5.3 of
Schedule "F"-Special Figures:
i)
Waste Disposal sites under
Part V of Environmental
Protection Act that include
the injection of liquid waste
into a well;
ii)
waste disposal facility.
For
lands
located
within
Vulnerable Area 3 as delineated
on Figure 5.0 of Schedule "F"-
Special Figures:
i)
Waste Disposal sites under
Part V of Environmental
Protection Act that include
the application of untreated
septage to land.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-3
May 12, 2021
12.2.3
REGULATIONS
12.2.3.1
AGRICULTURE AND
VETERINARY SERVICE
- FARM ANIMAL
REGULATIONS
a) Minimum Lot Area
40.4 hectares
b) Minimum Front Yard
15.0 metres
c) Minimum Side Yard
15.0 metres
d) Minimum Rear Yard
15.0 metres
e) Maximum Lot Coverage
i)
20%;
ii)
Notwithstanding
i)
above,
the
maximum
lot
coverage
for
greenhouse operations shall be
70%.
f) Outdoor Storage
i)
Shall not be permitted in any
minimum Front Yard or minimum
Flankage Yard;
ii)
Shall be located a minimum of 10.0
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law;
iii)
Sections i) and ii) above do not
apply to the storage or parking of
Agricultural vehicles or equipment.
g) Accessory Buildings
In accordance with the requirements
of Sections 4.8 and 4.8.2 of this By-
law.
h) Parking
In accordance with the requirements
of Section 5 of this By-law.
i) Small Scale Retailing of
i)
The total maximum gross floor area
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-4
May 12, 2021
Agricultural Products
of
all
buildings
and
structures
devoted to retailing of agricultural
products grown primarily as part of
the farm operation, exclusive of a
Farm Produce/Product Stand, shall
be 200.0 square metres;
ii)
iii)
iv)
Shall not be permitted within a
Dwelling
or
a
Farm
Labour
Residence;
In addition to Section 12.2.3.1 i) i),
the total maximum gross floor area
of a Farm Produce/Product Stand
shall be 18.5 square metres;
Notwithstanding Sections 12.2.3.1
b), c) and d) and Section 4.8.2 a), a
Farm Produce/Product Stand shall
be permitted in any yard.
(By-law No. 19-062, March 27, 2019)
j) Farm Labour Residence
A
Farm
Labour
Residence,
accessory to Agriculture, may be
permitted in accordance with the
following:
1. Shall
have
a
maximum
building height of 10.5 metres.
2. All Farm Labour Residences
shall
have
an
aggregate
maximum lot coverage of 420
square metres.
3. Individual
Farm
Labour
Residence units shall have a
maximum gross floor area of
200 square metres.
4. All Farm Labour Residences
shall be separated from the
principal Farm Dwelling by a
minimum of 30 metres.
5. All Farm Labour Residences
shall be a separated by a
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-5
May 12, 2021
minimum of 10 metres.
6. In addition to Section 5 of this
By-law,
a
minimum
of
1
parking
space
per
Farm
Labour Residence shall be
required in the absence of a
principal farm dwelling on the
same lot.
(By-law No. 24-039, March 27, 2024)
k) Mushroom Operations
i)
Notwithstanding Sections 12.2.3.1
b), c), and d) above, any buildings or
structures used for a Mushroom
Operation shall be set back a
minimum of 30.0 metres from any lot
line;
ii)
No stockpiles of waste, manure,
fertilizers
or
compost
shall
be
permitted within 30.0 metres of any
lot line.
l) Nursery
i)
Retailing of horticultural products
and bulk material shall
be
in
accordance with Section 12.2.3.1 i);
ii)
The outdoor storage of unenclosed
piles of bulk product for retail
purposes
shall
not
exceed
an
aggregate area of 100.0 square
metres.
m) Cannabis Growing and
Harvesting Facility
i)
The maximum gross floor area for all
new
buildings
and
structures
devoted to a Cannabis Growing and
Harvesting Facility shall not exceed
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-6
May 12, 2021
2,000.0 square metres;
ii)
Notwithstanding Section 12.2.3.1 m)
i) above, existing buildings may be
used for a Cannabis Growing and
Harvesting Facility;
iii)
The testing, packaging, and shipping
shall be accessory to the Cannabis
Growing and Harvesting Facility;
iv)
Notwithstanding Section 4.12 d), any
building,
structure
used
for
a
cannabis growing and harvesting
facility shall be setback a minimum
of 150 metres from:
1.
Any portion of a lot line
abutting
Residential,
Institutional, Commercial and
Mixed Use Zones, Settlement
Residential (S1), Settlement
Commercial
(S2),
or
Settlement
Institutional
(S3)
Zone; or,
2.
Any residential dwelling unit
existing at the date of the
passing of the by-law, any
building used for farm labour
residence,
mobile
home,
educational
establishment,
residential care facility, place of
worship, day care or park;
v)
Notwithstanding Sections 12.2.3.1
b), c) and d) above, all buildings or
structures associated with the use
shall be set back a minimum of 30.0
metres from any lot line;
vi)
Notwithstanding Sections 12.2.3.1 f)
i), ii) and iii) above, outdoor storage
shall not be permitted;
vii)
Notwithstanding Sections 12.2.3.1 i)
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-7
May 12, 2021
i), ii), iii) and iv) above, retail sales
shall not be permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
12.2.3.2 SECONDARY USES TO
AGRICULTURE -
ADDITIONAL
REGULATIONS
In addition to Section 12.2.3.1 above, the
following additional regulations shall apply
to Secondary Uses to Agriculture:
a)
b)
c)
Uses Permitted as
Secondary to Agriculture
Minimum Lot Area
Limitation on Uses
Agricultural Processing Establishment
-
Secondary
Agricultural Research Operation
Agritourism
Home Industry
Agricultural Alcohol Production Facility
(By-law 22-084, April 13, 2022)
Landscape Contracting Establishment -
Secondary
Notwithstanding Sections 12.2.3.1 a) and
4.12 d), Secondary Uses to Agriculture
shall have a minimum lot area of 5.0
hectares.
Notwithstanding Section 12.2.3.2 a), only
one Home Industry or one Landscape
Contracting Establishment - Secondary
shall be permitted per lot.
d) Agricultural Processing
Establishment -
Secondary
i)
The total maximum gross floor area
for all buildings and structures
devoted
to
an
Agricultural
Processing
Establishment
-
Secondary is 500.0 square metres;
ii)
Notwithstanding Sections 12.2.3.1
b), c), and d), all buildings or
structures
associated
with
an
Agricultural
Processing
Establishment - Secondary shall be
set back a minimum of 30.0 metres
from any lot line;
iii)
Outdoor storage of goods, materials
or equipment shall be permitted in
accordance with Section 12.2.3.1 f),
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-8
May 12, 2021
and shall not exceed an aggregate
area of 100.0 square metres.
(By-law No. 19-062, March 27, 2019)
e) Agritourism
The total maximum gross floor area of all
buildings or structures devoted to the
Agritourism use shall not exceed 500.0
square metres.
(By-law No. 19-062, March 27, 2019)
f) Home Industry
i)
All buildings or structures used as
part of the Home Industry shall be
set back a minimum of 15.0 metres
from any lot line, and shall occupy
no more than 250.0 square metres
of gross floor area;
ii)
Shall be operated by a resident of
the property, with no more than 3
non-resident employees;
iii)
Outdoor storage of goods, materials
or equipment shall be permitted in
accordance with Section 12.2.3.1 f),
and shall not exceed an aggregate
area of 100.0 square metres;
iv)
In addition to Section 5.3 b), a
maximum of three Motor Vehicles
associated with the Home Industry
may
be
parked
unenclosed.
Additional
Motor
Vehicles
associated with the use, including all
Motor Vehicles - Commercial, must
be parked in an enclosed building.
This regulation does not apply to the
storage or parking of Agricultural
vehicles and equipment.
g) Agricultural Alcohol
Production Facility
i)
Notwithstanding Sections 12.2.3.1
a),12.2.3.2 b), and 4.12 d) an
Agricultural
Alcohol
Production
Facility shall only be permitted on a
lot with a minimum area of 4.0
hectares, of which a minimum of 2.0
hectares shall be used for the
growing of grapes, fruits, hops or
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-9
May 12, 2021
ii)
other produce directly associated
with on-site beer, cider, wine, or
spirit production;
(By-law No. 22-084, April 13, 2022)
The total maximum building area
devoted to an Agricultural Alcohol
Production Facility use shall be
500.0 square metres of gross floor
area exclusive of the basement or
cellar, of which a maximum of 25%
of the gross floor area may be used
for Retail and/or hospitality/tasting
purposes.
(By-law No. 19-062, March 27, 2019)
(By-law No. 22-084, April 13, 2022)
h) Landscape Contracting
Establishment -
Secondary
i)
Notwithstanding Section 12.2.3.2 a),
a
Landscape
Contracting
Establishment - Secondary shall
only
be
permitted
as
a
use
Secondary to a Nursery;
ii)
In addition to Section 12.2.3.2 b):
1. On lots with a lot area of 7.0
hectares
or
greater,
a
minimum of 65 percent of the
lot area zoned Agriculture
(A1),
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) shall be used for
the growing of plants, shrubs,
trees or similar vegetation as
part of the Nursery operation,
and may include the growing
of other Agricultural products.
In no case shall the portion of
the lot zoned Agriculture (A1),
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) which is used for
the growing of plants, shrubs,
trees or similar vegetation as
part of the Nursery operation
be less than 3.0 hectares in
area.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-10
May 12, 2021
2. On lots with a lot area less
than 7.0 hectares, a minimum
of 50 percent of the lot area
zoned Agriculture (A1), Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) shall be used for
the growing of plants, shrubs,
trees or similar vegetation as
part of the Nursery operation.
In no case shall the portion of
the lot zoned Agriculture (A1),
Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) which is used for
the growing of plants, shrubs,
trees or similar vegetation as
part of the Nursery operation
be less than 3.0 hectares in
area.
iii)
All buildings or structures used as
part of the Landscape Contracting
Establishment - Secondary shall be
set back a minimum of 15.0 metres
from any lot line, and the total gross
floor
area
of
all
buildings
or
structures used as part of the
Landscape
Contracting
Establishment - Secondary shall not
exceed a total maximum gross floor
area of 250.0 square metres;
(By-law No. 19-062, March 27, 2019)
iv)
Notwithstanding Section 12.2.3.1 f),
outdoor storage of goods, materials
or equipment shall not exceed an
aggregate area of 100.0 square
metres, and shall be set back a
minimum of 30.0 metres from any lot
line and screened by a visual barrier
in accordance with Section 4.19 of
this By-law;
v)
In addition to Section 5.3 b), a
maximum of three Motor Vehicles
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-11
May 12, 2021
associated
with
the
Landscape
Contracting
Establishment
-
Secondary
may
be
parked
unenclosed.
Additional
Motor
Vehicles associated with the use,
including
all
Motor
Vehicles
-
Commercial, must be parked in an
enclosed building. This regulation
does not apply to the storage or
parking of Agricultural vehicles or
equipment or parking of employee
Motor Vehicles.
vi)
Notwithstanding
v)
above
all
unenclosed
parking
areas
associated
with
the
Landscape
Contracting
Establishment
-
Secondary use shall be screened by
a visual barrier in accordance with
Section 4.19 of this by-law.
(By-law No. 15-173, July 10, 2015, As amended
by OMB Decision PL151130 dated March 13,
2017)
12.2.3.3 AGRICULTURAL
STORAGE
ESTABLISHMENT,
FARM PRODUCT
SUPPLY DEALER AND
LIVESTOCK
ASSEMBLY POINT
REGULATIONS
a) Minimum Lot Area
0.4 hectares
b) Minimum Front Yard
15.0 metres
c) Minimum Side Yard
15.0 metres
d) Minimum Rear Yard
15.0 metres
e) Maximum Gross Floor
Area
500.0 square metres
f) Retail
The maximum area permitted for accessory
retail sales, except a Farm Product Supply
Establishment, shall not exceed 20% of the
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-12
May 12, 2021
total gross floor area.
g) Outdoor Storage
i)
Shall not be permitted in any Front
Yard or Flankage Yard;
ii)
Shall be located a minimum of 20.0
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law;
iii)
Section i) and ii) above shall not
apply to the outdoor display of goods
or materials for retail purposes in
conjunction with a Farm Product
Supply Establishment.
12.2.3.4
ABATTOIR AND
LIVESTOCK
ASSEMBLY POINT
REGULATIONS
a) Minimum Lot Area
i)
Notwithstanding Section 4.12 d), the
Minimum Lot Area shall be 5.0
hectares.
b) Minimum Setbacks
i)
All
buildings
or
structures
associated with the use shall be set
back a minimum of 100.0 metres
from any lot line;
ii)
No livestock shall be permitted to be
kept in any open area within 60
metres of any lot line.
c) Maximum Gross Floor
Area
A total maximum of 500.0 square metres
(By-law No. 19-062, March 27, 2019)
d) Retail
The maximum area permitted for accessory
retail sales shall not exceed 20% of the
total gross floor area.
e) Outdoor Storage
i)
Shall not be permitted in any Front
Yard or Flankage Yard;
ii)
Shall be located a minimum of 20.0
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-13
May 12, 2021
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law.
12.2.3.5 AGRICULTURAL
PROCESSING
ESTABLISHMENT -
STAND ALONE
REGULATIONS
a) Minimum Lot Area
i)
Notwithstanding Section 4.12 d) the
Minimum Lot Area for an Agricultural
Processing Establishment - Stand
Alone shall be 0.6 hectares.
b) Minimum Setbacks
i)
Any
buildings
or
structures
associated
with
the
Agricultural
Processing Establishment - Stand
Alone shall be set back a minimum
of 30.0 metres from any lot line.
c) Maximum Gross Floor
Area
A total maximum of 500.0 square metres
(By-law No. 19-062, March 27, 2019)
d) Retail
The maximum area permitted for accessory
retail sales shall not exceed 20% of the
total gross floor area.
e) Outdoor Storage
i)
Shall not be permitted in any Front
Yard or Flankage Yard;
ii)
Shall be located a minimum of 20.0
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law.
12.2.3.6 KENNEL
REGULATIONS
a) Minimum Lot Area
i)
Notwithstanding Section 4.12 d), the
Minimum Lot Area for a Kennel shall
be 2.0 hectares.
b) Minimum Setbacks
i)
Any
buildings
or
structures
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-14
May 12, 2021
associated with a Kennel shall be
set back a minimum of 60.0 metres
from any lot line;
ii)
No
domestic
animals
shall
be
permitted to be kept in any open
area within 60 metres of any lot line.
c) Maximum Gross Floor
Area
A total maximum of 500.0 square metres
(By-law No. 19-062, March 27, 2019)
d) Retail
The maximum area permitted for accessory
retail sales shall not exceed 20% of the
total gross floor area.
e) Outdoor Storage
i)
Shall not be permitted in any Front
Yard or Flankage Yard;
ii)
Shall be located a minimum of 20.0
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law.
f) Parking
In accordance with the requirements of
Section 5 of this By-law
(By-law No. 19-062, March 27, 2019)
12.2.3.7
SINGLE DETACHED
DWELLING AND
RESIDENTIAL CARE
FACILITY
REGULATIONS
a) Minimum Lot Area
0.4 hectares
b) Minimum Lot Width
30.0 metres
c) Maximum Building Height
10.5 metres
d) Minimum Front Yard
10.0 metres
e) Minimum Side Yard
3.0 metres
f) Minimum Rear Yard
10.0 metres
CITY OF HAMILTON
ZONING BY-LAW
SECTION 12: RURAL ZONES
12.2-15
May 12, 2021
g) Maximum Capacity for
Residential Care Facility
Shall not exceed 10 residents.
h) Home Business
Regulations
In accordance with the
Section 4.21 of this By-law.
requirements of
i) Accessory Buildings
In accordance with the
Sections 4.8 of this By-law.
(By-law No. 21-070, May 12, 2021)
requirements of
j) Parking
In accordance with the
Section 5 of this By-law.
requirements of
12.2.3.8 ADDITIONAL
DWELLING
UNIT AND ADDITIONAL
DWELLING UNIT-
DETACHED
REGULATIONS
(By-law No. 24-039, March 27,
2024)
In accordance with the requirements of
Section 4.33. of this By-law
(By-law No. 21-071, May 12, 2021)
(By-law No. 22-132, June 08, 2022)
12.2.3.9 COMMUNITY GARDEN
In accordance with the
Section 4.27 of this By-law
requirements of
(By-law No. 21-189, October 13, 2021)
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-219, August 17, 2018)
(By-law No. 18-266, September 12, 2018)
(By-law No. 19-062, March 27, 2019)