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THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-1
119.SCHEDULE "D"
HOLDING PROVISIONS FOR SPECIFIC LANDS
1.
Notwithstanding Section 12.4 of this By-law, on those lands zoned Settlement
Commercial (S2) Zone, identified on Maps 113 and 114 of Schedule "A" - Zoning
Maps and described as 2038 Governors Road, no development shall be permitted
until such time as:
(i)
The owner/applicant has receiving approval of a Site Plan Control
Application, to the satisfaction of the Director of Planning, Planning and
Economic Development Department.
(By-law No. 15-173, July 10, 2015)
(By-law No. 26-143-PED, August 7, 2026)
2.
Notwithstanding Section 12.2 of this By-law, on those lands zoned Existing Rural
Industrial (E2) Zone, identified on Map 166 of Schedule "A" - Zoning Maps and
described as 19 Highland Road East and part of 154 and part of 146 Upper
Centennial Parkway, no development shall be permitted until such time as:
(i)
The owner/applicant has receiving approval of a Site Plan Control
Application, to the satisfaction of the Director of Planning, Planning and
Economic Development Department; and,
(ii)
A signed Record of Site Condition (RSC) has been submitted to the
Director of Planning, Planning and Economic Development Department
and the Ministry of the Environment (MOE). This RSC, must be to the
satisfaction of the City of Hamilton, including acknowledgement of receipt
of the RSC by the MOE.
(By-law No. 15-173, July 10, 2015)
3.
Notwithstanding Section 12.1 of this By-law, on those lands zoned Agriculture
(A1) Zone, identified on Map 85 of Schedule "A" - Zoning Maps and described as
part of 497 Millgrove Side Road, no development shall be permitted until such time
as:
(i)
An Archaeological Assessment for the subject property is completed and
approved by the Director of Planning and the Minister of Culture confirming
that all archaeological resource concerns have met licensing and resource
conservation requirements.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-2
(By-law No. 15-173, July 10, 2015)
4.
Notwithstanding Section 12.1 of this By-law, on those lands zoned Agriculture
(A1) Zone, identified on Map 85 of Schedule "A" - Zoning Maps and described
as part of 533 Millgrove Side Road, the combined capacity of restaurant and
Place of Assembly shall be limited to 150 seats, until such time as:
i)
The owner submits an additional Hydrogeological Investigation,
demonstrating that the Restaurant and Place of Assembly uses can be
adequately
serviced
by
private
water
and
sanitary
services
accommodating capacities of 112 seats and 250 seats, respectively, to
the satisfaction of the Manager of Development Planning, Heritage and
Design, and the Manager of Infrastructure and Source Water Planning, in
consultation with the Ministry of the Environment. Once the Holding
provision has been removed, a 112-seat Restaurant and a 250-seat
Place of Assembly shall be permitted.
(By-law No. 15-173, July 10, 2015)
5.
Notwithstanding Section 12.2 of this By-law, on those lands zoned Rural (A2)
Zone, identified on Map 204 of Schedule "A" - Zoning Maps and described as
3075 Tisdale Road, no development shall be permitted until such time as:
i)
Proof that an adequate private sanitary sewage system can be designed
for the site, to the satisfaction of the Manager, Infrastructure and Source
Water Planning; and,
ii)
That a Stage 3 archaeological assessment of Tisdale site (AgGw-518) be
completed, to the satisfaction of the Director of Planning and the Ministry
of Tourism, Culture and Sport.
(By-law No. 15-173, July 10, 2015)
6.
Notwithstanding Section 12.3 of this By-law, on those lands zoned Settlement
Residential (S1) Zone, identified on Map 42 of Schedule "A" - Zoning Maps and
described as part of 1605 Kirkwall Road, no development shall be permitted until
such time as:
i)
The owner enter into a Consent Agreement with the City of Hamilton,
which will include required private servicing and monitoring conditions to
the satisfaction of the Manager of Source Protection Planning, Public
Works Department and Senior Director of Growth Management.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-3
7.
Notwithstanding Section 12.3 of this By-law, on those lands zoned Settlement
Residential (S1) Zone, identified on Map 94 of Schedule "A" - Zoning Maps and
described as part of 403 Old Brock Road, no development shall be permitted
until such time as:
i)
The Holding provision shall preclude development of the thirteenth lot
until such time that a sufficient monitoring assessment of 10 of the 13
approved lots has been completed, and that it has been demonstrated
that the remaining lots can be sustained without unacceptable
degradation of the ground and surface waters, to the satisfaction of the
Director of Planning and Ministry of Health.
(By-law No. 15-173, July 10, 2015)
8.
Notwithstanding Section 7.4 and Special Exception No. 245 and No. 246 of this
By-law, on those lands zoned Open Space (P4) Zone, identified on Map 16 of
Schedule "A" - Zoning Maps and described as part of 58 12th Concession Road
East, the development of up to 100 seasonal trailer sites and the private sewage
treatment plant with dispersal fields, shall not be permitted until such times as:
i)
Site Plan Agreement
The Owner has entered into a Site Plan Agreement with the City and
registered said Agreement on title. The Site Plan Agreement will address
but shall not be limited to: required improvements and upgrades to the
servicing, infrastructure, and layout of the seasonal trailer park, through
which the required financial securities for the construction of works
identified through the Site Plan Approval process will be specified by the
City and posted by the Owner prior to Site Plan Approval; and,
ii)
Municipal Responsibility Agreement
The Owner has executed and registered on title the signed Municipal
Responsibility Agreement and associate Trust Agreement to the
satisfaction of the Senior Director of Growth Management and the
Director of Hamilton Water, Public Works, and the Director of Planning.
Prior to registration of said Agreements, the Owner shall post the financial
securities required thereunder to the satisfaction of Senior Director of
Growth Management and the Director of Hamilton Water, Public Works,
and the Director of Planning.
(By-law No. 15-173, July 10, 2015)
9.
Notwithstanding Section 12.2 and Special Exception No. 248 of this By-law, on
those lands zoned Rural (A2) Zone, identified on Map 16 of Schedule "A" -
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-4
Zoning Maps and described as part of 57 12th Concession Road East, the
development of up to 50 permanent mobile home sites (units) as well as the
following uses:
Clubhouse, accessory to the Manufactured and Mobile Home Park, which
may include as ancillary uses to the park, administrative offices, a
convenience store, a hotel consisting of 20 suites, a restaurant and
tavern, a dining area, games room, fitness and leisure facilities including
a pool, hot tub, sauna, showers, and fitness room;
One Manager's suite and two staff apartments, adjacent to the existing
clubhouse;
Maintenance, utility and storage buildings; and,
Facilities for outdoor sports and leisure, including an outdoor pool, hot
tub, children's play area, volleyball and tennis courts, and picnic areas.
The Holding provision shall remain in effect until such time as the completion of
the following conditions:
(i)
Site Plan Agreement
The Owner shall enter into a Site Plan Agreement with the City and
register it on title, for Block "1"- North Lands to address required
improvements and upgrades to the servicing, infrastructure, and layout of
the mobile home park in a multi-phase plan to be developed through the
Site Plan approval process, through which the required financial
securities for the construction of works identified through Site Plan
approval process will be specified by the City and posted by the Owner
prior to Site Plan approval of each phase;
(ii)
Municipal Responsibility Agreement
The Owner shall register the signed Municipal Responsibility Agreement
and associate Trust Agreement on title. Prior to registration, the Owner
shall post the financial securities required thereunder to the satisfaction
of Senior Director of Growth Management, the Director of Hamilton
Water, Public Works, and the Director of Planning; and,
(iii)
Conservation Halton
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-5
(a)
A Flood Emergency Plan to the satisfaction of Conservation Halton
is required to ensure a safe evacuation of residents during a flood
emergency; and,
(b)
The completion of fill placement/grading and pedestrian bridge
upgrades as recommended in the March 6, 2008, Stantec letter
report, is required to ensure safe ingress/egress during Regulatory
Storm Events to the satisfaction of Conservation Halton.
NOTES FOR HOLDING REMOVAL:
In order to allow for the development of the first 50 permanent mobile home sites
and services, it will be necessary to first remove the Holding Provision "H8" from
the lands to the south. This will accommodate the relocation of the seasonal
camping sites from the subject lands to lands to the south.
(By-law No. 15-173, July 10, 2015, as amended by OMB Decision PL150805 dated May 3, 2016)
10.
Notwithstanding Section 12.2 and Special Exception No. 248 of this By-law, on
those lands zoned Rural (A2) Zone, identified on Map 16 of Schedule "A" -
Zoning Maps and described as part of 57 12th Concession Road East, the
development of an additional 100 permanent mobile home sites, for a total of
150 permanent mobile home sites, shall not be permitted until such times as:
(i)
Functional Servicing Report
An addendum to the Functional Servicing Report and Operations and
Maintenance Manual is required which demonstrates the following to the
satisfaction of the Senior Director of Growth Management and the
Director of Hamilton Water, Public Works:
a)
Undertake a Hydrogeological Study for at least one (1) year,
with the assistance of a Qualified Person, to characterize the
following:
i)
The direction of groundwater flow;
ii)
The existence of both an upstream and downstream
monitoring well whose location reflects the groundwater
flow regime;
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-6
iii)
Confirm that the downstream well is located within the
effluent plume and at least 40 metres from the septic system
and tile field;
iv)
Confirm that the monitoring well number and the monitoring
well information provided to date was sampled from the
upstream and downstream monitoring wells identified in (ii)
and (iii), above;
v)
Determine appropriate effluent trigger limits at the
monitoring wells;
vi)
If recommended by the Hydrogeologist, install additional
monitoring wells in order to address items (i) to (v);
b)
Following the collection of at least three consecutive years of
monitoring data, the Owner shall reassess the Hydrogeological
Study
to
confirm
effluent
trigger
limits
and
provide
recommendations on any required infrastructure upgrades,
referencing the monitoring data in conjunction with the water and
waste water flow rate and occupancy records;
c)
Submission of theoretical design flows for both the water and
wastewater systems, based on full occupancy of the Fern Brook
Development (150 permanent and 100 season sites), following
MOE Design Guidelines (2008), City of Hamilton Engineering
Guidelines (2006), and the Ontario Building Code;
d)
Submission of historical water and wastewater flow rates which are
based on Ministry of Environment Design Criteria and
accompanied by occupancy records for the related time period;
e)
Demonstration that the rated capacity of the Water Treatment
System is capable of servicing the full Fern Brook Development
(150 permanent and 100 seasonal sites), with the rated capacity
being based on the largest unit for each process component out of
service, and that the system is adequately designed to meet the
MOE/Hamilton Fire Department fire storage and fire flow
requirements;
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-7
f)
Demonstration that the Sewage Treatment System will:
i)
function adequately for the design flows of the full Fern
Brook Development (150 permanent sites and 100
seasonal sites), identifying the need for additional
equipment in order to meet the rated firm capacity with the
largest unit out of service;
ii)
operate in accordance with the associated Certificate of
Approval;
iii)
produce an effluent, at the discharge point of the treatment
system, with a nitrate concentration less than, or equal to
10mg/L; and,
iv)
maintain a nitrate concentration, at the property boundary
downstream of the sewage treatment system, that does not
exceed 2.5 mg/L.; and,
g)
Revisions to the Operations and Maintenance Manuals for the
water and wastewater treatment facilities which follow MOE's
prescribed format and which include a comprehensive set of
operating instructions and a process narrative to explain how the
facility is intended to operate in accordance with the required
treatment system as determined through the ongoing engineering
analysis and in consultation with the City.
(By-law No. 15-173, July 10, 2015)
11.
Notwithstanding Section 12.1 and Special Exception 94 of this By-law, on those
lands zoned Agriculture (A1) Zone, identified on Map 824 of Schedule "A" -
Zoning Maps and described as 161 Concession 4 West, no development shall
be permitted until such time as:
i)
A Site Plan Agreement has been entered into between the owners of the
property and the Approval Authority.
ii)
The Owner has entered into a Financial Assurance agreement with the
Ministry of the Environment for the installation and operation of a
communal sewage disposal system on the property.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-8
iii)
The owner has installed to the satisfaction of the Ministry of Environment
a communal sewage disposal system that will provide suitable sewage
disposal for the portion of the property zoned as Agriculture (A1,94) Zone,
Modified.
(By-law No. 15-173, July 10, 2015)
12.
Notwithstanding Section 12.4.1 and Special Exception 255 of this By-law, on
those lands zoned Settlement Commercial (S2) Zone, identified on Map 65 of
Schedule "A" - Zoning Maps and described as 1292 Old Highway 8, no
development shall be permitted until such time as:
i)
A private servicing strategy, including design details and monitoring, has
been approved by the Sourcewater Protection Section, to the satisfaction
of the Director of Water and Wastewater Planning and Capital.
(By-law No. 15-173, July 10, 2015)
13.
Notwithstanding Section 12.2 of this By-law, on those lands zoned Rural (A2,
284) Zone, Modified and Rural (A2, 253, 284) Zone, Modified, identified on Map
73 of Schedule "A" - Zoning Maps and described as 11 Parkside Drive, the
development of a Place of Worship shall not be permitted until such time as:
(i)
The owner/applicant submits a Hydrogeological Assessment of the
subject lands based on the proposed development in order to assess the
capacity of the subject lands for sustainable private servicing to the
satisfaction of the Manager of Source Protection Planning, Public Works
Department; and,
(ii)
The owner/applicant submits a Traffic Impact Assessment in order to
assess the existing and planned traffic infrastructure including the impact
of the proposed development on existing and planned traffic infrastructure
to determine if any traffic infrastructure improvements would be required
to support the proposed development to the satisfaction of the Manager
of Geomatics and Corridor Management, Public Works Department (in
consultation with the Ministry of Transportation.
(By-law No. 15-237, October 14, 2015)
14.
Notwithstanding Section 12.5 of this By-law, on those lands zoned Settlement
Institutional (S3) Zone, identified on Maps 80 and 91 of Schedule "A" - Zoning
Maps and described as part of 680 Highway 8, the development of an
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-9
Educational Establishment shall not be permitted until such time as:
The owner/applicant submits a Hydrogeological Assessment of the subject
lands based on the proposed development in order to assess the capacity of the
subject lands for sustainable private servicing to the satisfaction of the Manager
of Source Protection Planning, Public Works Department.
(By-law No. 15-237, October 14, 2015)
15.
Notwithstanding Section 12.7 of this By-law, on those lands zoned Existing Rural
Industrial (E2, 166) Zone, Modified, identified on Map 167 of Schedule "A" -
Zoning Maps and described as 432 Highland Road East, the expansion of the
Agriculture Processing Establishment - Stand Alone shall not be permitted until
such time as:
a)
The owner/applicant submits a Hydrogeological Assessment of the
subject lands based on the proposed development in order to assess the
capacity of the subject lands for sustainable private servicing to the
satisfaction of the Manager of Source Protection Planning, Public Works
Department.
(By-law No. 15-268, December 9, 2015)
16.
That notwithstanding Section 8.2 of this By-law, on those lands zoned
Community Institutional (I2, 477) Zone, as identified on Map Nos. 1909, 1910,
1932 and 1933 of Schedule "A" - Zoning Maps, and described as part of 3105
Fletcher Road (Glanbrook), no development shall be permitted such time as:
(i)
the sanitary servicing outlet is available and has sufficient capacity, there
is a suitable outlet for stormwater runoff and the external 400mm
watermain on Binbrook and Fletcher Road has been constructed, all to
the satisfaction of the Senior Director of Growth Management.
(By-law No. 16-169, May 20, 2016)
17.
Notwithstanding Figure 1 - Special Figures of By-law 05-200, on those lands
zoned Downtown (D1), (D2), and (D5) Zone, identified on Maps 868, 869, 909,
910, 911, 951, 952, 953, 954, 994, 995 of Schedule "A" - Zoning Maps
development shall be restricted in accordance with the following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the (D1),
(D2), or (D5) Zone.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-10
b)
Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the (D1), (D2), or (D5) Zones except where in
conflict with the following:
i)
No development exceeding the maximum height of 44.0 metres.
c)
Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following conditions have been
satisfied:
i)
That the landowner demonstrate to the satisfaction of the Director
of Planning and Chief Planner, City of Hamilton, that sufficient land
assembly has occurred to achieve the minimum lot area
requirement and lot frontage requirement in accordance with
Section 6.0 of this By-law.
ii)
That the landowner demonstrate that the proposal conforms to the
policies of the Downtown Hamilton Secondary Plan by submitting
the following studies to the satisfaction of the Director of Planning,
and Chief Planner, City of Hamilton:
1. Shadow Impact Study;
2. Pedestrian Level Wind Study;
3. Visual Impact Assessment;
4. Traffic Impact Study; and,
5. Functional Servicing Report.
iii)
That
the
landowner
demonstrate
that
the
proposed
development does not exceed the height of the Niagara
Escarpment to the satisfaction of the Director of Planning and
Chief Planner, City of Hamilton.
iv)
That conditional site plan approval be received, which shall
address matters including but not limited to Design Review Panel
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-11
advice, to the satisfaction of the Director of Planning and Chief
Planner, City of Hamilton.
(By-law No. 18-114, May 9, 2018)
19.
(By-law No. 18-114, May 9, 2018)
(Deleted by By-law No. 25-155, August 06, 2025)
20.
Notwithstanding Figure 1 - Special Figures of By-law 05-200 on those lands
zoned Downtown (D1), (D2), and (D5) Zone, identified on Maps 868, 869, 909,
910, 911, 951, 952, 953, 954, 994, 995 of Schedule "A" - Zoning Maps
development shall be restricted by the following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the (D1),
(D2), or (D5) Zone.
b)
Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the (D1), (D2), or (D5) Zones except where
in conflict with the following:
i)
No development exceeding 22.0 metres in height.
c)
Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following conditions have been
satisfied:
i)
That the landowner demonstrate that how any development having
the effect of removing all or part of rental housing comprised of
three or more units will be replaced to the satisfaction of the
Director of Planning and Chief Planner, City of Hamilton.
ii)
That the landowner enter into an Agreement with the City of
Hamilton.
(By-law No. 18-114, May 9, 2018)
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-12
21.
Notwithstanding Figure 1 - Special Figures of By-law 05-200, on those lands
zoned Downtown (D1), (D2), and (D5) Zone, identified on Maps 868, 869, 909,
910, 911, 951, 952, 953, 954, 994, 995 of Schedule "A" - Zoning Maps,
development shall be restricted by the following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses listed in the (D1), (D2), and (D5) Zone, within
the existing buildings and structures.
b)
Regulations
For such time as the Holding Provision is in place, development of
accessory structures shall be permitted in accordance with the
regulations of the applicable (D1), (D2), or (D5) Zone.
c)
Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following conditions have been
satisfied:
i)
A Cultural Heritage Impact Assessment has been submitted
demonstrating how the cultural heritage value has been
incorporated and maintained to the satisfaction of the Director of
Planning and Chief Planner, City of Hamilton; and,
ii)
That conditional site plan approval be received, to the satisfaction
of the Director of Planning, and Chief Planner, City of Hamilton.
(By-law 18-114, May 9, 2018)
(By-law N0. 24-137, July 12, 2024)
23.
Notwithstanding Subsection 9.13.1 of this By-law, on those lands zoned
Shipping and Navigation (Port Lands) Zone, identified on Maps 788, 828, 829,
830, 833, 834, 870, 871, 872, 875, 876, 917, 918, and 959 of Schedule "A"
- Zoning Maps, the development of a Waste Processing Facility or a Waste
Transfer Facility shall not be permitted until such time as:
i)
The Owner/Applicant submit and receive approval of an Air Quality Study,
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-13
prepared by a qualified Professional, and should a peer review of the
Study be warranted, all associated costs of this review should be borne
by the owner/applicant and shall be submitted to the satisfaction of the
Director of Planning and Chief Planner, City of Hamilton.
ii)
The Owner/Applicant submit and receive approval of a Functional
Servicing Report, prepared by a qualified Professional Engineer, to
measure acceptable levels of quality control for stormwater discharge into
Hamilton Harbour, water, and wastewater, to the satisfaction of the Senior
Director of Growth Management.
iii)
The Owner/Applicant submit and receive approval of a Transportation
Impact Study, prepared by a qualified Professional Traffic Engineer, to
measure and determine the preferred truck route and impact on the
residential neighbourhood, to the satisfaction of the Director of
Engineering Services, Public Works Department.
iv)
The Owner/Applicant submit and receive approval of a Hydrogeological
Study, prepared by a qualified Professional Engineer, to demonstrate the
staging and handling of wastes, and the potential impacts on groundwater
quality and quantity, to the satisfaction of the Senior Director of Growth
Management.
v)
The Owner/Applicant investigate the noise levels on the site and
determine and implement the noise control measures that are satisfactory
to the City of Hamilton in meeting the Ministry of the Environment and
Climate Change (MOECC) recommended sound level limits. An
acoustical report shall prepared by a qualified Professional containing the
recommended control measures, and should a peer review of the
Acoustical Report be warranted, all associated costs should be borne by
the owner/applicant and shall be submitted to the satisfaction of the
Director of Planning and Chief Planner, City of Hamilton.
vi)
The Owner/Applicant submit and receive approval of a Human Health
Risk Assessment, prepared by a qualified Professional, to demonstrate
the potential of air and water emissions and its effects on residents, to the
satisfaction of Hamilton's Medical Officer of Health.
vii)
The
"H"
Symbol
may
be
removed
upon
implementation
of
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-14
recommendations of studies required under Clauses i) to vi), and shall
only be removed on portions of the land that are subject to the Waste
Processing Facility and a Waste Transfer Facility.
(By-law No. 18-092, April 11, 2018)
(By-law No. 21-189, October 15, 2021)
24.
Notwithstanding Section 9.2 and Special Exception No. 389 of this By-law, on
those lands zoned General Business Park (M2) Zone, identified on Map 580 of
Schedule "A" - Zoning Maps and described as 91 Highway 5 West, site
alteration shall not be permitted until a Certificate of Approval has been granted
by the Ministry of the Environment pursuant to Section 9 of the Environmental
Protection Act, for the Open Storage of operational assets with restrictions on
loading and unloading during non-daytime hours.
(By-law 10-128, May 26, 2010)
25.
Notwithstanding Section 9.3 and Special Exception No. 401 of this By-law, on
those lands zoned Prestige Business Park (M3) Zone, identified on Map 1149 of
Schedule "A" - Zoning Maps and described as 404 Fruitland Road, the subject
property shall be used only for the uses existing on the date of the passing of
this By-law until such time as an Environmental Report which indicates that it is
environmentally sound to develop any of the permitted uses on the site has been
completed and approved by the Director of Planning.
(By-law 10-128, June 28, 2011)
26.
(By-law 10-128, June 28, 2011)
(Removed by By-law 21-103, June 9, 2021)
27.
That notwithstanding Section 8.2 of this By-law, on those lands zoned
Community Institutional (12, 24) Zone, on Maps 1285, 1231 and 1232 of
Schedule "A, no development except for a Place of Worship and any uses
accessory thereto, shall be permitted until such time as:
(i)
The owner/applicant has demonstrated that all requirements of the
agreement registered on title as Instrument No. 108792 (Registry) and
LT315440 (Land Titles) on January 17th, 1992, have been complied with,
to the satisfaction of the Director of Development Engineering.
(By-law 09-250, December 9, 2009)
28.
Notwithstanding Section 9.3 of this By-law, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1501 and 1548 of Schedule "A" -
Zoning Maps and described as lands located at the southwest corner of
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-15
Highland Road and the Future Trinity Church Road Extension, site alteration
shall be conditional upon the following:
a.
The Owner completing a hydrogeological and geotechnical study, to the
satisfaction of the Director of Development Engineering, in consultation
with the Senior Director of Water and Wastewater Division, and the
Planning Director of the Hamilton Conservation Authority; and,
b.
The Owner submitting and implementing a functional servicing report that
addresses such matters as, but is not limited to, stormwater management
and sanitary capacity for proposed development densities, to the
satisfaction of the Director of Development Engineering."
(By-law 10-128, June 28, 2011)
29.
Notwithstanding Section 9.4 of this By-law, on those lands zoned Business Park
Support (M4) Zone, identified on Maps 949 and 991 of Schedule "A" - Zoning
Maps and described as 611 Aberdeen Avenue, site alteration shall be
conditional upon the following:
a.
Provision of an adequate sanitary sewer outlet to service the subject
property directly;
b.
Dedication to the City of Hamilton, if required, of a portion(s) of the
subject property for road widening purposes; and,
c.
Final approval of the West Hamilton Innovation District Secondary Plan.
(By-law No. 10-128, May 26, 2010)
(By-law No. 18-219, August 17, 2018)
31.
Within the lands zoned Transit Oriented Corridor Mixed Use Medium Density
(TOC1, 703, H31) Zone on Map No. 949 of Schedule "A" - Zoning Maps, and
described as 925 Main Street West and 150 Longwood Road South,
development shall not proceed until:
(a)
The Owner enters into a conditional building permit agreement with respect
to completing a Record of Site Condition or a signed Record of Site
Condition (RSC) being submitted to the City of Hamilton and the Ministry
of the Environment, Conservation and Parks (MECP) for 925 Main Street
West. This RSC must be to the satisfaction of the Director of Planning and
Chief Planner, including a notice of acknowledgement of the RSC by the
THE CITY OF HAMILTON
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May 13, 2021
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MECP, and submission of the City of Hamilton's current RSC
administration fee.
(b)
The Owner acquires the lands at 150 Longwood Road South required to
implement the proposed development and merges the lands on title with
925 Main Street West, to the satisfaction of the Director of Planning and
Chief Planner.
(By-law No. 18-257, September 12, 2018)
32.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 705) Zone on Map 1195 on Schedule "A - Zoning Maps,
and described as 928 Queenston Road (Stoney Creek), no development shall
be permitted until such time as:
(i)
The owner enters into a conditional building permit agreement with
respect to the completing a Record of Site Condition or a signed Record
of Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgement of the RSC by the MOECC, and
submission of the City of Hamilton s current RSC administration fee.
(By-law No. 18-349, December 19, 2018)
33.
Notwithstanding Section 10.3 of this By-law, within lands zoned Community
Commercial (C3, 639) Zone on Map 1234 and 1287 on Schedule "A - Zoning
Maps and described as 630 Stone Church Road West, no development shall be
permitted until such time as:
a)
The owner receives final approval of a Site Plan Control application to
the satisfaction of the Director of Planning and Chief Planner.
(By-law No. 20-029, February 12, 2020)
34.
Deleted.
(By-law No. 20-036, February 27, 2020)
(By-law No. 22-038, February 23, 2022)
35.
Deleted.
(By-law No. 21-059, April 28, 2021)
(By-law No. 23-032, February 22, 2023)
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-17
36.
Notwithstanding Section 8.3 and 10.5 of this By-law, within lands zoned Major
Institutional (I3, 744) Zone, identified on Maps 1252 and 1305 of Schedule "A" -
Zoning Maps and described as 466 to 490 Highway No. 8, no development shall
be permitted until such time as:
i)
Necessary upgrades are completed to the sanitary sewer system and
necessary payments are provided, to the satisfaction of the Manager of
Engineering Approvals.
(By-law No. 21-133, August 13, 2021)
37.
Notwithstanding Subsections 8.2, 8.3, 9.7, 9.8, 9.9, 9.10, 9.11 and 9.12, on
those lands zoned Community Institutional (I2) Zone, Major Institutional (I3)
Zone, Airside Industrial (M7) Zone, Airport Related Business (M8) Zone, Airport
Reserve (M9) Zone, Airport Light Industrial (M10) Zone, Airport Prestige
Business (M11) Zone, and Extractive Industrial (M12) Zone, site alteration shall
only be permitted in accordance with Subsections 1.11 d) and e) and
Subsections 9.7.4 and 9.11.4, until such time as:
a.
That lands have access to servicing, the provision of adequate municipal
water, municipal wastewater, and transportation infrastructure in
accordance with the respective master plans for the Airport Employment
Growth District to the Satisfaction of the Director of Development
Engineering.
(By-law No. 10-288, October 13, 2010/ By-law No. 15-118, April 10, 2015 - OMB approval)
(By-law No. 18-219, August 17, 2018)
(Removed by By-law No. 19-007, January 23, 2019 for 73 and 110 Aeropark Boulevard, Glanbrook)
38.
(Removed by By-law No. 10-305, December 15, 2010)
39.
Notwithstanding Section 8.3 of this By-law, within lands zoned Major Institutional
(I3, 745) Zone, identified on Maps 1375 and 1376 of Schedule "A" - Zoning
Maps and described as 1411 and 1415 Upper Wellington Street, no
development or demolition shall be permitted until such time as:
i)
The Owner / Applicant provides a signed agreement with the property
owner to the north and east to allow for drainage to outlet to private lands,
to the satisfaction of the Manager of Development Engineering
Approvals.
ii)
The Owner / Applicant provides a signed agreement with the property
owner to the south allowing for reception of stormwater flows through
THE CITY OF HAMILTON
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their site via connection to a private storm sewer system and outlet of
emergency overland flow route, to the satisfaction of the Manager of
Development Engineering Approvals.
iii)
That the Owner / Applicant implement the Documentation and Salvage
Report by submitting confirmation that materials have been appropriately
salvaged from the building on-site, to the satisfaction of the Director of
Planning and Chief Planner.
(By-law 21-175, October 13, 2021)
41.
(Removed by By-law 12-264, November 28, 2012)
42.
Notwithstanding Section 8.3, within the lands zoned Neighbourhood Institutional
(I1) Zone, identified on Maps 1283, 1335 and 1388 of Schedule "A" - Zoning
Maps, and described as 435 Garner Road East (Ancaster), no development
shall proceed until the following has been completed, to the satisfaction of the
Director of Development Engineering:
i)
Stage 2 upgrades to Sanitary Sewer Pumping Station HC061 have been
implemented;
ii)
The downstream gravity system north of Gray Court Drive has been
upgraded, as per the recommendation of the Southcote Woodlands
Pumping Station Design Brief, dated September 2007;
iii)
A sanitary sewer outlet is identified, designed/constructed to service the
subject lands;
iv)
A road connection through Block 186 to the east, from John Frederick
Drive has been determined and deeded to the City of Hamilton; and,
v)
The downstream creek restoration works have been completed in
accordance with the Garner Neighbourhood Master Drainage Plan and
supplementary investigation.
(By-law 10-286, October 13, 2010)
44.
Notwithstanding Section 6.2 and Special Exception No. 442 of this By-law, on
those lands zoned Downtown Mixed Use - Pedestrian Focus (D2) Zone,
identified on maps 867 and 868 of Schedule "A" - Zoning Maps no development
shall be permitted until such time as:
THE CITY OF HAMILTON
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May 13, 2021
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i)
A Vibration Study, prepared by a qualified Professional Engineer,
completed to the satisfaction of the Director of Planning, Planning and
Economic Development Department; and,
ii)
An Urban Design Brief and Campus Masterplan, to the satisfaction of the
Director of Planning, Planning and Economic Development Department.
That notwithstanding Section 6.2 and Special Exception No.442 of this By-law,
on those lands zoned Downtown Mixed Use - Pedestrian Focus (D2) Zone,
identified on maps 867 and 868 of Schedule "A" - Zoning Maps no development
of a Production Studio shall be permitted until such time as:
(i)
A Traffic Management Plan, to the satisfaction of the Director of
Transportation Planning and Parking, Planning and Economic
Development Department.
(Amended by By-law 19-066, April 10, 2019)
45.
Notwithstanding Section 6.6 and Special Exception No. 443 of this By-law, on
those lands zoned Downtown Multiple Residential (D6) Zone, identified on Maps
867 and 868 of Schedule "A" - Zoning Maps, no development shall be permitted
until such time as:
i)
a Noise Study, prepared by a qualified Professional Engineer, which shall
address site layout and design including the location of outdoor amenity
space, and building design including the location of non-habitable
space,shall be completed in consultation with the appropriate railway
company to the satisfaction of the Director of Planning, Planning and
Economic Development Department to ensure that maximum sound
levels are not exceeded in accordance with provincial guidelines
including NPC 205;
ii)
prior to any site alteration, a signed Record of Site Condition (RSC) shall
be submitted to the City of Hamilton, Director of Planning, Planning and
Economic Development Department and the Ministry of the Environment
(MOE). This RSC, must be to the satisfaction of the City of Hamilton,
including acknowledgement of receipt of the RSC by the MOE; and,
iii)
an Urban Design Study for the Barton/Tiffany area, to the satisfaction of
the Director of Planning, Planning and Economic Development
THE CITY OF HAMILTON
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May 13, 2021
D-20
Department.
(By-law 12-164, June 26, 2012)
46.
Notwithstanding Section 6.5 and Special Exception No. 444 of this By-law, on
those lands zoned Downtown Residential (D5) Zone, identified on Map 868 of
Schedule "A" - Zoning Maps, no development shall be permitted until such time
as:
i)
receiving approval of a Site Plan Control Application, to the satisfaction
of the Director of Planning, Planning and Economic Development
Department; and,
ii)
a Noise and Vibration Study, prepared by a qualified Professional
Engineer, which shall address site layout and design including the
location of outdoor amenity space, and building design including the
location of non-habitable space, shall be completed in consultation with
the appropriate railway company to the satisfaction of the Director of
Planning, Planning and Economic Development Department to ensure
that maximum sound levels are not exceeded in accordance with
provincial guidelines including NPC 205; and,
iii)
prior to any site alteration, a signed Record of Site Condition (RSC)
submitted to the City of Hamilton, Director of Planning, Planning and
Economic Development Department and the Ministry of the Environment
(MOE). This RSC must be to the satisfaction of the City of Hamilton,
including acknowledgement of receipt of the RSC by the MOE; and,
iv)
an Urban Design Study for the Barton/Tiffany Area, to the satisfaction of
the Director of Planning, Planning and Economic Development
Department.
(By-law 12-164, June 26, 2012)
47.
Notwithstanding Section 6.6 and Special Exception No.445 of this By-law, on
those lands zoned Downtown Multiple Residential (D6) Zone, identified on Maps
867 and 868 of Schedule "A" - Zoning Maps and legally described as Part of Lot
3 and All of Lots 4, 5, 6, and 7, block 30, Registered Plan 127 in the City
of Hamilton, Designated as Parts 3, 4, 5,6, 7, 8 on Plan 62R-19307, no
development shall be permitted until such time as:
i)
a Noise Study, prepared by a qualified Professional Engineer which shall
THE CITY OF HAMILTON
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May 13, 2021
D-21
address site layout and design including the location of outdoor amenity
space, and building design including the location of non-habitable space,
shall be completed in consultation with the appropriate railway company
to the satisfaction of the Director of Planning, Planning and Economic
Development Department to ensure that maximum sound levels are not
exceeded in accordance with provincial guidelines including NPC 205;
ii)
prior to any site alteration, a signed Record of Site Condition (RSC) shall
be submitted to the City of Hamilton and the Ministry of the Environment
(MOE). This RSC must include acknowledgement of receipt of the RSC
by the MOE, and submission of the City of Hamilton's current RSC
administration fee be to the satisfaction of the Director of Planning,
Planning and Economic Development Department; and,
iii)
receiving final approval of a Site Plan Control Application in accordance
with Schedule "B" - Property Details Figure 1, to the satisfaction of the
Director of Planning, Planning and Economic Development Department.
(By-law 12-164, June 26, 2012)
48.
(Removed by By-law No. 15-078, March 11, 2015)
49.
(Removed by By-law No. 14-050, March 26, 2014)
50.
That notwithstanding Section 7.4 of this By-law, on those lands zoned Open
Space (P4, H50) Holding Zone, on Map No. 1594 of Schedule "A", known as
1925 Rymal Road East (Stoney Creek), no development shall be permitted
until such time as:
(i)
An Archaeological Assessment has been completed, to the satisfaction
of the Director of Planning, City of Hamilton, and the Ministry of Culture
and Tourism.
(By-law No. 13-020, January 23, 2013)
51.
(Removed by By-law No. 13-241, September 25, 2013)
52.
(Removed by By-law No. 14-079, April 9, 2014)
53.
Notwithstanding Section 8.1 Neighbourhood Institutional (I1) Zone of this By-law,
on those lands zoned Neighbourhood Institutional (I1, 458) Zone, no
development shall be permitted until such time as:
THE CITY OF HAMILTON
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May 13, 2021
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(i)
The owner has paid the proportionate share of the costs associated with
the sanitary and storm mainline sewers along Rymal Road East including
private drain connections, to the satisfaction of the Senior Director of
Growth Management;
(ii)
The owner has applied for and received final Site Plan approval, to the
satisfaction of the Manager of Development Planning, Heritage and
Design; and,
(iii)
The funded and scheduled reconstruction of Rymal Road East in front of
the subject lands has been determined, and coordinated to be completed
concurrent with the construction of the development proposal. This shall
not be later than the Fall of 2015 or the 'H' Holding Provision can be
removed, but the 'H' symbol may be removed earlier if the
aforementioned road works are completed sooner. Removal of the 'H'
Holding Provision is to the satisfaction of the Director of Planning and the
Manager of Engineering Approvals.
(By-law No. 14-178, July 11, 2014)
54.
That notwithstanding Section 6.3 and Schedule "C" - Special Exceptions, of
this By-law, on those lands zoned Downtown Mixed Use (D3, 461) Zone, on
Map 1091 of Schedule "A" - Zoning Maps, described as 55 Queenston Road,
no development shall be permitted until such time as:
(i)
The owner/applicant submits a signed Record of Site Condition (RSC) to
the City of Hamilton and the Ministry of the Environment (MOE). The RSC
must be to the satisfaction of the City of Hamilton, including an
acknowledgement of receipt of the RSC by the MOE, and submission of
the City of Hamilton's current RSC administration fee.
(By-law No. 14-267, September 24, 2014)
55.
Notwithstanding Section 9.3 of this By-law, within the lands zoned Prestige
Business Park (M3, 465) Zone, Modified, on Maps 1500 and 1501 of Schedule
"A", known as 406 Pritchard Road (Hamilton), no development shall be
permitted until such time as:
1.
An updated Environmental Impact Study is received and approved, to the
satisfaction of the Director of Planning and in consultation the Hamilton
Conservation Authority.
THE CITY OF HAMILTON
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May 13, 2021
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2.
The owner enters into a Development Agreement with the City of
Hamilton to address the future Arbour Road extension and ultimate right-
of-way width, including financial and other arrangements, to the
satisfaction of the Senior Director of Growth Management.
(By-law No. 14-269, September 24, 2014)
56.
That notwithstanding Section 6.2 of this By-law, on those lands zoned
Downtown Prime Retail Streets (D2, 467, H56) Holding Zone, on Schedule 952
of Schedule "A", known as 98 James Street South (Hamilton), no development
shall be permitted until such time as:
(i)
the Ministry of the Environment issues acknowledgement of the
submission by the owner/applicant of a Record of Site Condition to the
satisfaction of the Director of Planning.
(By-law No. 15-024, January 21, 2015)
57.
Notwithstanding Section 9.11
this By-law, on those lands zoned Airport
Prestige Business (M11) Zone, identified on Maps 1387, 1388, 1438, 1439 and
1487 of Schedule "A" - Zoning Maps and described as the south west corner of
Garner Road East and Highway No.6, shall be conditional upon the following
special requirements:
a)
A sanitary, water, stormwater and transportation Servicing
Report for the Gateway Lands together with and an Update to the City
of Hamilton Airport Employment Growth District Water and
Wastewater Servicing Master Plan have been completed to the
satisfaction of the City of Hamilton.
(By-law No. 10-288, October 13, 2010/ By-law No. 15-118, April 10, 2015 - OMB approval)
58.
(Removed by By-law No. 19-075, April 10, 2019)
59.
Notwithstanding Section 8.2 of this By-law, within the lands zoned Community
Institutional, Modified, Holding (12, H59) identified on Maps 1448, 1496 and
1497 of Schedule "A" and described as 630 Rymal Road East, the (H59) symbol
may be removed by further amendment to this By-law at such time as the
following conditions have been satisfied:
1.
That a Noise Study be completed for the stadium component of the
school site in order to determine the impact of the audio components of
the track on the abutting residential area and establish appropriate
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-24
mitigation measures for such impacts. In order for the "H" Holding
Provision to be lifted a comparative analysis of other track audio systems
will be necessary to determine what a reasonable noise level will be and
how it can be achieved. The Noise Study must be submitted to the
satisfaction of the Manager of Development Planning, Heritage and
Design.
(By-law No. 15-207, September 9, 2015)
60.
That notwithstanding Section 6.2 of this By-law, on those lands zoned
Downtown Prime Retail Streets (D2, 451) Zone, on Map 952 of Schedule "A",
known as 108 James Street North and 111 and 115 Hughson Street North, no
development shall be permitted until such time as:
(i)
The Ministry of the Environment issues acknowledgement of the
submission by the owner/applicant of a Record of Site Condition to the
satisfaction of the Director of Planning and Chief Planner, City of
Hamilton.
(ii)
That the Owner prepare a Conservation Management Plan that shall
include, short, medium and long-term conservation and maintenance
measures for the existing theatre, and a schedule of implementation, all
to the satisfaction of the Director of Planning and Chief Planner, City of
Hamilton.
(iii)
That the Owner demonstrate to the satisfaction of the Director of Planning
and Chief Planner, City of Hamilton, that the properties known as 108
James Street North, 111 Hughson Street North and 115 Hughson Street
North, have all merged in title.
(iv)
That the Owner enter into and register on title the following agreements
with the City:
(a)
an agreement pursuant to Section 37(1) of the Ontario Heritage
Act for 111 Hughson Street North, 115 Hughson Street North and
108 James Street North, which:
1) Shall ensure that no residential occupancy of the lands
identified as 108 James Street North will occur until such time
that:
THE CITY OF HAMILTON
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May 13, 2021
D-25
i)
The City of Hamilton receives confirmation that the
Building envelope of lands identified as 111 Hughson
Street North is in sound and secure state.
ii) Installation and/or upgrade of utilities pursuant to the
Ontario Building Code to ensure long-term conservation
of the interior features of the building on lands identified
as 111 Hughson Street North.
iii) Implementation of short-term conservation measures for
designated interior features in the auditorium (as outlined
in the Conservation Management Plan), consisting of
stabilization and repair of remaining historic fabric,
including the ceilings, proscenium, colonnades, statuary
and other decorative wall elements.
iv) Completion of sufficient works to permit the Chief Building
Official to issue occupancy permit and use of lands
identified as 111 Hughson Street North as a theatre.
2) Contains a conservation easement to secure the long term
conservation and maintenance of the theatre and its heritage
features and any further covenants to secure the restoration
of the theatre on the property.
3) Restrict the uses to that contained in this zoning by-law
amendment and which contains provisions requiring the
provision of securities in the form of cash or a letter of credit
in an amount equal to 75% of the cost required to complete
the works outlined in 1) above, and released only once the
works have been complete.
4) Shall ensure that the Conservation Management plan be
implemented according to the schedule of implementation as
set out in 4(ii) of this By-law.
All to the satisfaction of the Director of Planning and Chief
Planner, City of Hamilton.
(b)
A Restrictive Covenant prohibiting the use and/or expansion of 111
Hughson Street North (as per the attached Concept Plan) to only
the use of the lands as a theatre within the existing building.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-26
(c)
A Restrictive Covenant preventing the demolition of the building
identified as 115 Hughson Street North and requiring the adaptive
re-use and maintenance of the building in accordance with the
uses and By-law provisions approved through By-law No. 15-188.
(v)
That the Owner apply for and receive Heritage Permit approval for the
proposed demolition of the lobby (By-law 90-255) and any changes to the
remaining auditorium (By-law 04-256) to the satisfaction and approval of
the Director of Planning and Chief Planner, City of Hamilton.
(vi)
That a revised Cultural Heritage Impact Assessment report be submitted
for review by the Hamilton Municipal Heritage Committee and revised, as
appropriate, to the satisfaction and approval of the Director of Planning
and Chief Planner, City of Hamilton.
(vii)
That conditional site plan approval be received, which shall address
matters including but not limited to Design Review Panel advice and
implementation of the Cultural Heritage Impact Assessment report,
finalized as per Condition (v) to the satisfaction of the Director of Planning
and Chief Planner, City of Hamilton.
(viii)
That the Owner submit and receive approval for the site servicing plans
for the subject lands to the satisfaction of the Senior Director of Growth
Management.
(ix)
That the Owner submit and receive approval of a water servicing report
signed and stamped by a qualified professional engineer to demonstrate
adequate domestic and fire demands for the proposed uses and to
demonstrate the capacity of the distribution system to meet the domestic
and fire demands utilizing the City's WaterCAD model to the satisfaction
of the Senior Director of Growth Management.
(x)
That the Owner submit and receive approval of a Functional Servicing
Report to address Stormwater Management, Water and Wastewater to
the satisfaction of the Senior Director of Growth Management.
(xi)
That the Owner investigate the noise levels on the site and determine and
implement the noise control measures that are satisfactory to the City of
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-27
Hamilton in meeting the Ministry of the Environments recommended
sound level limits. An acoustical report prepared by a qualified
Professional Engineer containing the recommended control measures
shall be submitted to the satisfaction of the City of Hamilton, Manager of
Development Planning, Heritage and Design.
Should a peer review of the acoustical report be warranted, all
associated costs should be borne by the owner/applicant and shall be
submitted to the satisfaction of the Manager of Development Planning,
Heritage and Design.
(xii)
That the Owner agree in writing to register on title the final approved Site
Plan, to the satisfaction of the Director of Planning and Chief Planner,
City of Hamilton.
(By-law No. 15-188, August 14, 2015)
61.
Notwithstanding Section 9.3 of this By-law, on those lands zoned Prestige
Business Park (M3, 354, 441, 471) Zone, on Map 1634, 1676 and 1677 of
Schedule "A", a Hazardous Waste Transfer Facility shall not be permitted until
such time as:
(i)
The owner/operator shall complete all of the site works as indicated on
the approved site plans SPA-10-034 AND SPA-11- 059 having conditions
of approval dated June 9, 2010 and June 2, 2011 respectively, all to the
satisfaction of the Manager of Development Planning, Heritage and
Design;
(ii)
The owner/operator shall be in full compliance with the Ontario Building
Code and the Ontario Fire Code including Part 4 and Subsections 3.3.2
to address indoor general storage, storage and handling of flammable
and combustible liquids, spill control procedures, sprinkler protection and
the approved fire safety plan to the satisfaction of the Hamilton Fire
Department. A letter signed by a Professional Engineer indicating
compliance with Part 4 and Subsections 3.3.2 of the OFC shall be
forwarded to the Hamilton Fire Department;
(iii)
The owner/operator shall provide a water supply calculation to the
satisfaction of the Director, Hamilton Water;
(iv)
The owner/operator shall provide an Emergency Management Plan to
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-28
the satisfaction of the Hamilton Fire Department and City's Public Works
Department;
(v)
The owner/operator shall receive approval of a Site Plan Amendment
application to amend Site Plan SPA-11-059, in order to provide an
additional landscape berm along the north property line, which will extend
from the limits of the existing berm to the rear property line, with
appropriate landscaping, to the satisfaction of the Manager of
Development Planning, Heritage and Design.
(By-law No. 21-106-LPAT-03 September 25, 2015)
63.
Notwithstanding Section 11.1 of this By-law, on those lands zoned Transit
Oriented Corridor Mixed Use Medium Density (TOC1) Zone, identified on Maps
947 and 948 of Schedule "A" - Zoning Maps and described as:
13 Leland Street
Map 948
15 Leland Street
Map 948
23 Leland Street
Maps 947 and 948
80 Sussex Street
Map 948
82 Sussex Street
Map 948
86 Sussex Street
Map 948
90 Sussex Street
Map 948
94 Sussex Street
Map 948
98 Sussex Street
Map 948
102 Sussex Street
Map 948
43 Forsyth Avenue South
Map 948
47 Forsyth Avenue South
Map 948
55 Forsyth Avenue South
Map 948
59 Forsyth Avenue South
Map 948
51 Forsyth Avenue South
Map 948
50 Dalewood Avenue
Map 948
75 Traymore Avenue
Map 948
77 Traymore Avenue
Map 948
81 Traymore Avenue
Map 948
83 Traymore Avenue
Map 948
99 Traymore Avenue
Map 948
103 Traymore Avenue
Map 948
107 Traymore Avenue
Map 948
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-29
111 Traymore Avenue
Map 948
115 Traymore Avenue
Map 948
1190 Main Street West
Map 948
Development shall only be permitted in accordance with the regulations of
Special Exception No. 296 until such time as:
(i)
Land assembly has occurred in order to establish appropriately sized
lots for redevelopment, to the satisfaction of the Director of Planning.
(By-law No. 16-265, October 12, 2016)
(By-law No. 18-219, August 17, 2018)
64.
(By-law 17-240, November 8, 2017)
(Removed by By-law No. 21-240, December 15, 2021)
65.
(By-law 17-240, November 8, 2017)
(Removed by By-law No 19-062, March 27, 2019)
66.
(By-law 17-240, November 8, 2017)
(Removed by By-law No. 19-053, March 27, 2019)
67.
(By-law 17-240, November 8, 2017)
(Removed by By-law No. 19-053, March 27, 2019)
69.
Notwithstanding the regulations of Special Exception No. 672, within the lands
zoned Conservation / Hazard Land (P5) Zone, identified on Map 1034 of
Schedule "A" - Zoning Maps, and described as Part of 870 Scenic Drive, no
development shall be permitted until such time as:
(i)
The applicant submits a Master Site Plan and Precinct Plan for each
development phase, as set out in the Urban Hamilton Official Plan,
Chedmac Secondary Plan, which includes the required studies, to the
satisfaction of the Director of Planning;
(ii)
The applicant submits urban design guidelines, as set out in the Urban
Hamilton Official Plan, Chedmac Secondary Plan, to the satisfaction of
the Director of Planning;
(iii)
The applicant submits architectural control guidelines, as set out in the
Urban Hamilton Official Plan, Chedmac Secondary Plan, to the
THE CITY OF HAMILTON
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May 13, 2021
D-30
satisfaction of the Director of Planning;
(iv)
The applicant submits an urban design report, as set out in the Urban
Hamilton Official Plan, Chedmac Secondary Plan, to the satisfaction of
the Director of Planning;
(v)
Where the Moreland and Brow Annex buildings are not to be retained,
the applicant submits a report which demonstrates that retention and
reuse of such buildings is not structurally feasible, to the satisfaction of
the Director of Planning.
(By-law No. 18-219, August 17, 2018)
70.
(Removed by By-law No. 19-275, November 13, 2019)
71.
(By-law 18-263, September 12, 2018)
(Removed by By-law No. 19-063, March 27, 2019)
73.
Notwithstanding Subsections 10.5a of this By-law, within lands zoned Mixed Use
Medium Density - Pedestrian Focus (C5a, 723) Zone on Map 911 on Schedule
"A" - Zoning Maps, and described as 80 and 92 Barton Street East, and
245 Catharine Street North, no development shall be permitted until such time
as:
i)
That the owner submits and receives approval of a Documentation and
Salvage Report in accordance with the City of Hamilton Documentation
and Salvage Report guidelines to the satisfaction of the Director of
Planning and Chief Planner;
ii)
That the owner submits and receives approval of a revised fire flow
calculation based on the more advanced building design plans to
demonstrate that the exiting watermains can provide for sufficient flow for
firefighting for the future development on site all to the satisfaction of the
Manager of Engineering Approvals; and,
iii)
The owner submits a signed Record of Site Condition to the City of
Hamilton and the Ministry of the Environment Conservation and Parks
(MOECP). This RSC must be to the satisfaction of the Director of
Planning and Chief Planner, including a notice of acknowledgement of
the RSC by the MOECP, and submission of the City of Hamilton's current
RSC administration fee.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-31
(By-law No. 19-081, April 24, 2019)
74.
Notwithstanding Section 6.6 and Special Exception No. 696 of this By-law, within
the lands zoned Downtown Multiple Residential (D6, 696) Zone identified on
Map Nos. 1092 and 1141 of Schedule A - Zoning Maps and described as 20
Reid Avenue North, 11-17 Reid Avenue South, 22-116 Lang Street and 2-24
Hayes Avenue, development shall be restricted in accordance with the following:
a)
For such time as the Holding Provision is in place no development
exceeding the maximum height of 12.0 metres shall be permitted;
b)
Conditions for Holding Provision Removal:
a.
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from the lands when the
following conditions have been satisfied:
i)
The Owner/Applicant submits and implements the following
studies demonstrating that a 41.5 metre multiple dwelling complies
and implements the Urban Design, Energy and Environmental
Design and Health and Public Safety Policies of the Urban
Hamilton Official Plan, amongst others, prior to the development
to the satisfaction of the Director of Planning and Chief Planner:
a. Urban Design Brief;
b. Visual Impact Assessment;
c. Shadow Impact Study; and,
d. Noise Study.
ii)
That
the
Owner
demonstrate
that
the
proposed
development does not exceed the maximum density of 165 units
per hectare in accordance with Site Specific Policy Area UH -25 in
Volume 3 of the Urban Hamilton Official Plan and does not exceed
840 units for the lands zoned Downtown Multiple Residential (D6,
696) Zone, to the satisfaction of the Director of Planning and Chief
Planner.
(By-law No. 21-243, December 14, 2021)
75.
Notwithstanding Section 11.1 of this By-law, within the lands zoned Transit
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-32
Oriented Corridor Mixed Use Medium Density (TOC1, 772) Zone on Map No.
949 on Schedule "A" - Zoning Maps, and described as 1107 Main Street West,
Hamilton, no development shall be permitted until such time as:
a. A Pedestrian Wind Study has been submitted and implemented to the
satisfaction of the Director of Planning and Chief Planner;
b. A Documentation and Salvage Report in accordance with the City's
Guidelines for Documentation and Salvage Reports be submitted and
implemented all to the satisfaction of the Director of Planning and Chief
Planner prior to any demolition and the owner shall demonstrate that a
copy of this report shall be submitted by the owner to the Hamilton Public
Library;
c. That a Conservation Management Plan, which address the conservation
strategy for the retained front façade, and incorporation of salvage
materials into the proposed design be submitted, approved and
implemented through a Site Plan Agreement, to the satisfaction of
the Director of Planning and Chief Planner prior to any demolition; and,
d. That an updated Cultural Heritage Impact Assessment be submitted
to the satisfaction of the Director of Planning and Chief Planner.
(By-law No. 22-163, June 22, 2022)
76.
Notwithstanding Section 10.5 of this By-law, within the lands zoned Mixed Use
Medium Density (C5, 812) Zone on Map No. 1139 on Schedule "A" - Zoning
Maps, and described as 1842 King Street East, Hamilton, no development shall
be permitted until such time as:
a. The Owner submit and receive completion of a signed Record of Site
Condition (RSC) being submitted to the City of Hamilton and the Ministry
of the Environment, Conversation and Parks (MECP) or enters into a
conditional building permit agreement with respect to completing a
Record of Site Condition. This RSC must be to the satisfaction of the
Director of Planning and Chief Planner, including a notice of
acknowledgement of the RSC by the MECP, and submission of the City
of Hamilton's current RSC administration fee;
b. That the Owner submit a Functional Servicing Report to demonstrate
the stormwater management, sanitary flow and water supply demand
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-33
(Water Hydraulic Analysis) resulting from this development has
adequate capacity in the existing municipal infrastructure system in
accordance with City standards to accommodate the proposed
development, to the satisfaction of the Director of Growth Management;
c. That the Owner make satisfactory arrangements with City's Growth
Management Division and enter into an external works agreement with
the City for the design and construction of any improvements to the
municipal infrastructure at the Owner's cost, should it be determined that
upgrades are required to the infrastructure to support this development,
according to the Functional Servicing Report, Traffic Impact Study (TIS)
and Watermain Hydraulic Analysis Report, to the satisfaction of the
Director of Growth Management;
d. A Documentation and Salvage Report in accordance with the City's
Guidelines for Documentation and Salvage Reports has been submitted
and implemented all to the satisfaction of the Director or Planning and
Chief Planner prior to any demolition and the Owner shall demonstrate
that a copy of this report is submitted to the Hamilton Public Library; and,
e. An updated Pedestrian Wind Study has been submitted and
implemented to the satisfaction of the Director of Planning and Chief
Planner.
(NOT FINAL AND BINDING: By-law No. 22-224, August 12, 2022)
77.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 812) Zone on Map No. 1139 on Schedule "A" - Zoning
Maps, and described as 1842 King Street Eat, Hamilton, development shall be
restricted in accordance with the following:
a. Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the (C5, 812) Zones except where in conflict
with the following:
i) No development exceeding a maximum of 1,341 dwelling units.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-34
b. Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amendment Zoning By-law, from all or part of the
lands subject to this provision when the following conditions have been
satisfied:
i) That the Owner submit and receive approval of an updated
Transportation Impact Study where greater than 1,341 dwelling units are
proposed, to the satisfaction of the Director of Transportation Planning.
ii) That the Owner submit and receive approval of an updated Functional
Servicing Report and Watermain Hydraulic Analysis Report, to the
satisfaction of the Director of Growth Management.
(NOT FINAL AND BINDING: By-law No. 22-224, August 12, 2022)
80.
Notwithstanding Subsections 10.2, 10.3, 10.5 and 10.7 and Special
Exception No. 300 of this By-law, on those lands zoned Neighbourhood
Commercial (C2, 300) Zone, Modified, Community Commercial (C3, 300)
Zone, Modified, Mixed Use Medium Density (C5, 300) Zone, Modified, and
Arterial Commercial (C7, 300) Zone, Modified, identified on Maps 956, 957,
998, 999, 1046 and 1238 of Schedule "A" - Zoning Maps and described
as:
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-35
Property Address
Map Number
194 Avondale Street
956
196 Avondale Street
956
197 Avondale Street
956
198 Avondale Street
956
199 Avondale Street
956
200 Avondale Street
956
201 Avondale Street
956
203 Avondale Street
956
204 Avondale Street
956
205 Avondale Street
956
206 Avondale Street
956
207 Avondale Street
956
208 Avondale Street
956
209 Avondale Street
956
210 Avondale Street
956
212 Avondale Street
956
214 Avondale Street
956
216 Avondale Street
956
217 Avondale Street
956
218 Avondale Street
956
219 Avondale Street
956
220 Avondale Street
956
221 Avondale Street
956
222 Avondale Street
956
223 Avondale Street
956
224 Avondale Street
956
226 Avondale Street
956
228 Avondale Street
956
797 Barton Street East
956
799 Barton Street East
956
889 Barton Street East
956
891 Barton Street East
956
Property Address
Map Number
893 Barton Street East
956
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-36
895 Barton Street East
956
897 Barton Street East
956
901 Barton Street East
956
903 Barton Street East
956
905 Barton Street East
956
909 Barton Street East
956
913 Barton Street East
956
915 Barton Street East
956
925 Barton Street East
956
954 Barton Street East
956 and 957
970 Barton Street East
957 and 999
973 Barton Street East
957
983 Barton Street East
957
984 Barton Street East
957 and 999
985 Barton Street East
957
986 Barton Street East
957 and 999
991 Barton Street East
957
999 Barton Street East
957 and 999
1015 Barton Street East
957 and 999
1850 Barton Street East
1046
1860 Barton Street East
1046
1870 Barton Street East
1046
1880 Barton Street East
1046
1890 Barton Street East
1046
1900 Barton Street East
1046
1910 Barton Street East
1046
1920 Barton Street East
1046
1930 Barton Street East
1046
1940 Barton Street East
1046
1950 Barton Street East
1046
1960 Barton Street East
1046
1970 Barton Street East
1046
1980 Barton Street East
1046
1990 Barton Street East
1046
190 Cavell Avenue
956
192 Cavell Avenue
956
Property Address
Map Number
193 Cavell Avenue
956
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-37
194 Cavell Avenue
956
196 Cavell Avenue
956
198 Cavell Avenue
956
204 Gage Avenue North
956
208 Gage Avenue North
956
210 Gage Avenue North
956
212 Gage Avenue North
956
214 Gage Avenue North
956
216 Gage Avenue North
956
218 Gage Avenue North
956
220 Gage Avenue North
956
200 Glendale Avenue North
957, 998 and 999
240 Glendale Avenue North
998 and 999
242 Glendale Avenue North
998 and 999
244 Glendale Avenue North
956, 998 and 999
246 Glendale Avenue North
998
248 Glendale Avenue North
956
250 Glendale Avenue North
956 and 957
1 Gordon Street
956
9 Gordon Street
956
10 Gordon Street
956
11 Gordon Street
956
12 Gordon Street
956
13 Gordon Street
956
14 Gordon Street
956
16 Gordon Street
956
17 Gordon Street
956
18 Gordon Street
956
19 Gordon Street
956 and 957
20 Gordon Street
956
21 Gordon Street
956 and 957
22 Gordon Street
956
23 Gordon Street
957
24 Gordon Street
956 and 957
25 Gordon Street
957
26 Gordon Street
956 and 957
Property Address
Map Number
28 Gordon Street
956 and 957
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-38
30 Gordon Street
957
32 Gordon Street
957
34 Gordon Street
957
36 Gordon Street
957
38 Gordon Street
957
40 Gordon Street
957
42 Gordon Street
957
44 Gordon Street
957
46 Gordon Street
957
48 Gordon Street
957
50 Gordon Street
957
51 Gordon Street
957
53 Gordon Street
957
132 Hester Street
1238
138 Hester Street
1238
141 Hester Street
1184 and 1238
143 Hester Street
1184 and 1238
146 Hester Street
1238
151 Hester Street
1238
152 Hester Street
1238
158 Hester Street
1238
160 Hester Street
1238
8 Lincoln Street
957
10 Lincoln Street
957
11 Lincoln Street
957
12 Lincoln Street
957
13 Lincoln Street
957
14 Lincoln Street
957
15 Lincoln Street
957
16 Lincoln Street
957
17 Lincoln Street
957
18 Lincoln Street
957
19 Lincoln Street
957
20 Lincoln Street
957
21 Lincoln Street
957
22 Lincoln Street
957
Property Address
Map Number
23 Lincoln Street
957
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-39
25 Lincoln Street
957
26 Lincoln Street
957
27 Lincoln Street
957
29 Lincoln Street
957
32 Lincoln Street
957
33 Lincoln Street
957
14 Linden Street
957
16 Linden Street
956 and 957
18 Linden Street
957
19 Linden Street
956 and 957
30 Linden Street
957
2 Lloyd Street
956
4 Lloyd Street
956
6 Lloyd Street
956
8 Lloyd Street
956
10 Lloyd Street
956
12 Lloyd Street
956
20 Lloyd Street
956
26 Lloyd Street
956
32 Lloyd Street
956
34 Lloyd Street
956
36 Lloyd Street
956
38 Lloyd Street
956
40 Lloyd Street
956
42 Lloyd Street
956
44 Lloyd Street
956
46 Lloyd Street
956
50 Lloyd Street
956
52 Lloyd Street
956
54 Lloyd Street
956
56 Lloyd Street
956
221 Melvin Avenue
1046
291 Rosslyn Avenue North
957
1012 Upper Wellington Street
1238
1020 Upper Wellington Street
1238
1028 Upper Wellington Street
1238
Property Address
Map Number
1042 Upper Wellington Street
1238
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-40
335 Woodward Avenue
1046
Any proposed redevelopment of an existing industrial use(s) shall
require the fulfilment of the following prior to redevelopment taking place:
i)
A signed Record of Site Condition (RSC) has been submitted to the
Director of Planning and Chief Planner, and the Ministry of the
Environment (MOE). This RSC, must be to the satisfaction of the City
of Hamilton, including acknowledgement of receipt of the RSC by the
MOE.
(By-law No. 17-240, November 8, 2017)
81.
Notwithstanding Subsection 10.2 and Special Exception Nos. 304 and 333 of
this By-law, on those lands zoned Neighbourhood Commercial (C2) Zone,
Neighbourhood Commercial (C2, 304) Zone, Modified and Neighbourhood
Commercial (C2, 333) Zone, Modified, identified on Maps 1388 and 1389 of
Schedule "A" - Zoning Maps and described as 581, 587, 597 and 605 Garner
Road East, no development shall be permitted until such time as:
i)
The lands are assembled and comprehensively planned and a site plan
control application has been approved for the assemble property, which
ensures that access driveways onto Garner Road East are minimized and
property sited, to the satisfaction of the Director of Planning and Chief
Planner;
ii)
Until such time as the Holding (H) provision is removed and the lands are
redeveloped, the existing residential uses and the existing commercial
uses may continue and minor additions, alterations or renovations shall
be permitted. Any intensification that compromises the comprehensive
redevelopment of the lands shall be prohibited.
(By-law No. 17-240, November 8, 2017)
82.
Notwithstanding Subsection 10.3 and Special Exception Nos. 304 and 579 of this
By-law, on those lands zoned Community Commercial (C3, 304, 579) Zone,
Modified, identified on Map 1502 of Schedule "A" - Zoning Maps and described
as 136, 144 and 146 Upper Mount Albion Road, no development shall be
permitted until such time as:
i)
Municipal sanitary sewers, municipal water and storm sewers are
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-41
available and adequate to service the subject lands and a development
agreement has been entered into by the owner with the City, to the
satisfaction of the Senior Director of Growth Management.
(By-law No. 17-240, November 8, 2017)
83.
(By-law 17-240, November 8, 2017)
(Removed by By-law No. 21-063, April 28, 2021)
84.
Notwithstanding Subsection 10.2 and Special Exception No. 325 of this By- law,
on those lands zoned Neighbourhood Commercial (C2, 325) Zone, Modified,
identified on Map 1247 of Schedule "A" - Zoning Maps and described as 2791
King Street East, no development shall be permitted until such time as:
i)
The owner applies for and receives final approval Site Plan approval, to
the satisfaction of the Director of Planning and Chief Planner, Planning
and Economic Development Department; and,
ii)
That the Owner(s) of 2791 and 2803 King Street East enter into an
agreement with the City to be registered against the title of both the lot
upon which parking is to be provided and the lot containing the use
requiring the parking, to the satisfaction of the Director of Planning and
Chief Planner, Planning and Economic Development Department.
(By-law No. 17-240, November 8, 2017)
85.
Notwithstanding Subsection 10.2 and Special Exception No. 328 of this By- law,
on those lands zoned Neighbourhood Commercial (C2, 328) Zone, identified on
Map 1388 of Schedule "A" - Zoning Maps and described as part of 515 Garner
Road East and Parts of 515, 527, and 535 Garner Road East, and 523 Garner
Road East, no development shall be permitted until such time as:
i)
The lands are assembled and comprehensively planned and a site plan
control application has been approved for the assemble property, which
ensures that access driveways onto Garner Road East are minimized, to
the satisfaction of the Director of Planning and Chief Planner, Planning
and Economic Development Department;
ii)
Until such time as the Holding (H) provision is removed and the lands are
redeveloped, the existing residential uses and the existing commercial
use may continue and minor additions, alterations or renovations shall be
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-42
permitted. Any intensification that compromises the comprehensive
redevelopment of the lands shall be prohibited.
(By-law No. 17-240, November 8, 2017)
86.
Notwithstanding Subsection 10.5 and Special Exception No. 329 of this By- law,
on those lands zoned Mixed Use Medium Density (C5, 329) Zone, Modified,
identified on Maps 1178 and 1179 of Schedule "A" - Zoning Maps and described
as 1173 and 1203 Old Golf Links Road, no development shall be permitted until
such time as:
i)
The approval of a servicing study and posting of appropriate securities to
ensure implementation of the study's recommendations, to the
satisfaction of the Manager of Engineering Design and Construction;
ii)
The approval of design drawings for the re-construction of Old Golf Links
Road and the posting of appropriate securities to ensure implementation
of the approved drawings, all to the satisfaction of the Manager of
Engineering Design and Construction; and,
iii)
The owner/applicant conducts an archaeological assessment of the
entire development property and mitigating, through preservation or
resource removal and documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading or soil
disturbances shall take place on the subject property prior to the approval
of the Director of Planning and Chief Planner confirming that all
archaeological resource concerns have met licensing and resource
conservation requirements.
(By-law No. 17-240, November 8, 2017)
87.
Notwithstanding Subsection 10.6 and Special Exception Nos. 337 and 570 of
this By-law, on those lands zoned District Commercial (C6, 337, 570) Zone,
Modified, identified on Map 1911 of Schedule "A" - Zoning Maps and described
as Part of 39 Garinger Crescent, no development shall be permitted until
such time as:
i) The subject lands are developed in conjunction with the lands to the
east, being 2544 Regional Road 56, to the satisfaction of the Director
of Planning and Chief Planner, Planning and Economic Development
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-43
Department.
(By-law No. 17-240, November 8, 2017)
88.
(Removed by By-law No. 19-217, September 11, 2019)
89.
(Removed by By-law No. 19-217, September 11, 2019)
90.
Notwithstanding Subsection 10.5 and Special Exception No. 552 of this By- law,
on those lands zoned Mixed Use Medium Density (C5, 552) Zone, Modified,
identified on Maps 1185 and 1239 of Schedule "A" - Zoning Maps and described
as 800 Upper Wentworth Street and 362 Mohawk Street East, no development
shall be permitted until such time as:
i)
The owner receives final approval of a Site Plan Control application, to
the satisfaction of the Director of Planning and Chief Planner, Planning
and Economic Development Department.
(By-law No. 17-240, November 8, 2017)
91.
Notwithstanding Subsection 10.6 and Special Exception No. 583, on those lands
zoned District Commercial (C6, 583) Zone, identified on Map 444 and 445 of
Schedule "A" - Zoning Maps and described as the south-easterly portion of 619
Centre Road and 645 Wigood Drive, no development shall be permitted until
such time as:
i)
The final alignment of the East-West Corridor has been determined, to
the satisfaction of the Senior Director of Growth Management.
ii)
That no commercial uses be developed until such time that the east- West
Corridor has been constructed adjacent to the subject lands.
(By-law No. 17-240, November 8, 2017)
92.
(Removed by By-law No. 19-165, July 12, 2019)
93.
Notwithstanding Section 9.11 of this By-law, within the lands zoned Airport
Prestige Business (M11, H37, H93) Holding Zone, Modified, on Maps 1493,
1494, 1540, and 1541 of Schedule A to Zoning By-law No. 05-200, site
alteration shall be conditional upon the following:
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-44
a.
That the applicant prepare, submit and implement an Environmental
Impact Statement to the satisfaction of the Director of Planning and Chief
Planner; and,
b.
That the applicant has obtained frontage and a permanent right-of-way
over for any development west of the Provincially Significant Wetland to
provide for vehicular access to a public highway, in accordance with the
applicable provisions of the City of Hamilton Official Plan and Zoning By-
law, to the satisfaction of the Director of Planning and Chief Planner.
(By-law No. 17-090-OMB, May 02, 2017)
94.
That notwithstanding Section 14 and Schedule "C" - Special Exceptions, of this
By-law, on those lands zoned Waterfront - Multiple Residential (WF1) Zone,
Waterfront - Multiple Residential (WF1, 483) Zone, Waterfront - Mixed Use
(WF2) Zone, Waterfront - Prime Retail Streets (WF3) Zone, Waterfront - Prime
Retail Streets (WF3, 484) Zone, and Community Institutional (I2, 486) Zone on
Map 827 of Schedule "A" - Zoning Maps, described as Pier 8, 65 Guise Street,
no development shall be permitted until such time as:
(i)
The owner submits a signed Record of Site Condition (RSC) to the City
of Hamilton and the Ministry of the Environment (MOE). The RSC must
be to the satisfaction of the City of Hamilton. The RSC must be to the
satisfaction of the City of Hamilton, including an acknowledgement of
receipt of the RSC by the MOE, and submission of the City of Hamilton's
current RSC administration fee.
(ii)
The owner investigates the noise, odour and dust levels on the site and
determine and implement the noise, odour and /or dust control measures
that are satisfactory to the City of Hamilton in meeting the Ministry of the
Environments recommended limits. An acoustical, odour and dust control
report prepared by a qualified Professional Engineer containing the
recommended control measures shall be submitted to the satisfaction of
the Director of Planning and Chief Planner.
Should a peer review of the acoustical, odour and dust report be
warranted, all associated costs should be borne by the owner and shall
be submitted to the satisfaction of the Director of Planning and Chief
Planner.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-45
(iii)
A sanitary pumping station and forcemain have been constructed and is
operational to the satisfaction of the Senior Director of Growth
Management.
(By-law No. 17-095-LPAT-01, May 24, 2017)
(By-law No. 22-084, April 13, 2022)
95.
Notwithstanding Section 9.3 of this By-law, within the lands zoned Community
Institutional (I2, 502) Zone, on Map Nos. 1246 and 1299 of Schedule A - Zoning
Maps, and described as 50 Albright Road (Hamilton), the H symbol applicable
to the lands referred to in Section 1 of this By-law shall permit development up
to 139 dwelling units and shall be removed conditional upon:
a)
The owner demonstrating that the existing 250mm sanitary sewer on
Quigley Road can be adequately upsized to provide sufficient capacity for
development greater than 139 dwelling units or adequately upgrade the
sanitary sewer to meet the current City standards, to the satisfaction of
the Senior Director, Growth Management.
b)
City Council may remove the H symbol and thereby give effect to the '12,
502 District, as amended by the special requirements of this By-law, by
enactment of an amending By-law once the above condition has been
fulfilled.
(By-law No. 17-122, June 14, 2017)
96.
Notwithstanding Section 8.2 and Special Exception No. 644 of this By-law, on
those lands zoned Community Institutional (12, 644) Zone, identified on maps
1174 and 1175 of Schedule "A - Zoning Maps and described as 357 Wilson
Street East, Ancaster, no development shall be permitted until such time as a
the Stage 3 archaeological assessment of Findspot 1 (Ancaster 1: AhGx-
718), as identified in the Stage 1-2 archaeological report P089-0072- 2014, be
completed, to the satisfaction of the Director of Planning and Chief Planner
and the Ministry of Tourism, Culture and Sport.
97.
Notwithstanding Subsection 10.3 of this By-law, on those lands zoned
Community Commercial (C3) Zone, identified on Map 1405 of Schedule "A" -
Zoning Maps and described as 420 First Road West, no development shall be
permitted until such time as:
i)
That those lands located within the 50 dBA sound level of the rock
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-46
crushing establishment (All Around Contracting Yard) not be developed
until such time as the establishment ceases to operate, to satisfaction of
the Director of Planning and Chief Planner.
(By-law No. 17-240, November 8, 2017)
98.
Notwithstanding Subsection 10.5.1 and Special Exception No. 604, on those
lands zoned Mixed Use Medium Density (C5, 604) Zone, Modified, identified on
Maps 1548 and 1593 of Schedule "A" - Zoning Maps and described as Part of
1831 Rymal Road East, no development shall be permitted until such time as:
i)
The subject lands have been consolidated with adjacent lands to a
minimum 1,500 square metres or until such time as the owner / applicant
has applied for and received final approval of a Site Plan Control
application demonstrating a viable development, to the satisfaction of the
Director of Planning and Chief Planner.
(By-law No. 17-240, November 8, 2017)
99.
Notwithstanding Subsection 10.3 of this By-law, on those lands zoned
Community Commercial (C3) Zone, identified on Map 1405 of Schedule "A" -
Zoning Maps and described as 420 First Road West, no development shall be
permitted until such time as:
i)
That all residential lands within 160 metres of the working licensed limits
of the active quarry or the limits of the former quarry under rehabilitation
shall not be developed until such time as the completion of mining and
the completion of rehabilitation on the quarry lands immediately adjacent
to the Holding (H) Zone have been finalized to the satisfaction of the
Director of Planning and Chief Planner; and,
ii)
That those lands located within the 50 dBA sound level demarcation of
the All Around Contracting facility not be developed until such time as the
facility ceases to operate, to the satisfaction of the Director of Planning
and Chief Planner.
(By-law No. 17-240, November 8, 2017)
100.
(Removed by By-law No. 19-053, March 27, 2019)
THE CITY OF HAMILTON
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101.
(Removed by By-law No. 19-053, March 27, 2019)
102. Deleted.
(By-law No. 21-062, April 28, 2021)
(By-law No. 22-037, February 23, 2022)
103. Notwithstanding 6.2 of this By-law, within the lands zoned Downtown Prime
Retail Street (D2, 626) Zone, on Map 910, 911, 952 and 953 of Schedule A -
Zoning Maps, and described as 43 - 51 King Street East, and 60 King William
Street (Hamilton), the H Symbol applicable to the lands referred to in Section 1
of this By-law shall prohibit development of the lands and shall be removed
condition upon:
(a)
the applicant submitting a signed Record of Site Condition (RSC) to the
City of Hamilton and the Ministry of the Environment and Climate Change
(MOECC). This RSC must be to the satisfaction of the Director of
Planning and Chief Planner, including a notice of acknowledgement of the
RSC by the MOECC, and submission of the City of Hamilton s current
RSC administration fee.
(b)
that the Owner purchase the alleyway required to implement the
proposed development and provide confirmation that the abutting
landowners have been granted easements over the alleyway to the
satisfaction of the Director of Planning and Chief Planner.
(By-law No. 18-011, January 24, 2017)
104. Notwithstanding Section 9.11 of this By-law, within the lands zoned Airport
Prestige Business (M11, 697, H104) Zone identified on Maps 1386, 1387, 1437,
and 1438 of Schedule "A" and described as 70 Garner Road East, the (H104)
symbol may be removed by further amendment to this By- law at such time as
the following conditions have been satisfied:
i)
The applicant completes an updated Functional Servicing Report (FSR)
with Storm Water Management, to the satisfaction of the Manager of
Development Approvals which outlines:
o Pre and post development conditions;
o Low impact developments (LID's);
o Drainage Area Plan which also includes external drainage areas;
o On site grading control;
THE CITY OF HAMILTON
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o Self-contained drainage control of the subject property;
o Stormwater quality and quantity control to pre-development
conditions; and,
o A suitable storm outlet.
ii)
The applicant provides a professional Legal opinion on the riparian rights
for the drainage outlet through the culvert on private property. The
opinion must conclude that the owner has rights to use the private
culvert as a formal outlet for the development, in accordance with
common drainage law / Drainage Act, to the satisfaction of the Manager
of Development Approvals.
iii)
The applicant addresses comments from the Development Engineering
Section, outlined in the memorandum dated November 17, 2017, to the
satisfaction of the Manager of Development Approvals.
iv)
The applicant completes a Transportation Impact Study to the satisfaction
of the Manager of Transportation Planning.
(By-law No. 18-223, August 17, 2018)
105.
Notwithstanding Section 6.1 and Schedule "C" - Special Exceptions, of this By-
law, on those lands zoned Downtown Central Business District (D1, 701, H17,
H105) Zone, on Map 953 of Schedule "A" - Zoning Maps, described as 71
Rebecca Street, no development shall be permitted until:
i)
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MOECP). This
RSC must be to the satisfaction of the Director of Planning and Chief
Planner, including a notice of acknowledgement of the RSC by the
MOECP, and submission of the City of Hamilton's current RSC
administration fee.
(By-law No. 18-293, September 26, 2018)
(By-law No. 22-084, April 13, 2022)
106. For the lands zoned Mixed Use - Medium Density (C5, 700) Zone on Map 482
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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of Schedule "A" - Zoning Maps, and described as 5 Hamilton Street North,
the (H106) symbol may be removed by further amendment to this By- law at
such time as the following condition has been satisfied:
i)
That an updated Traffic Impact Study is submitted, approved, and
implemented to the satisfaction of the Manager, Transportation Planning,
Planning and Economic Development.
(By-law No. 18-261, September 12, 2018)
108. Notwithstanding Section 8.2 of this By-law, within lands zoned Community
Institutional (I2, 446) Zone on Map 820 on Schedule "A" - Zoning Maps, and
described as 211 York Road (Dundas), no development shall be permitted until
such time as:
i)
The Owner submits and receives approval of a revised fire flow
calculation based on the detailed building design to demonstrate that the
existing watermains can provide for sufficient flows for firefighting for the
future development on the site all to the satisfaction of the Manager of
Engineering Approvals.
Notwithstanding Section 10.2 of this By-law, within lands zoned Neighbourhood
Commercial (C2, 446) Zone on Map No. 820 on Schedule "A" - Zoning
Maps, and described as 211 York Road, Dundas, no development shall
be permitted, with the exception of a 435 square metre Child Care Centre, until
such time as:
1.
That the Owner submits and receives approval of a Functional Servicing
Report to demonstrate the demand for the proposed usage is similar to
the existing usage all to the satisfaction of the Manager of Engineering
Approvals.
(By-law No. 18-332, December 19, 2018)
(NOT FINAL AND BINDING: By-law No. 23-131, July 14, 2023)
(By-law No. 25-155, August 06, 2025)
109. For lands zoned Existing Industrial (E2, 716, H109) Zone , on maps RU166 of
Schedule A - Zoning Maps, and described as 19 Highland Road, the H Symbol
applicable to the lands referred to in Section 1 of this By-law shall prohibit
development of the lands and shall be removed condition upon:
THE CITY OF HAMILTON
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May 13, 2021
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(a)
That the owner completes the following:
i.
That the applicant confirm that the property can be adequately
serviced.
ii.
That the applicant design the required servicing extension and
enter into and execute an external servicing agreement and/or
special servicing agreement.
iii. That applicant acknowledge that the servicing be considered
temporary until the ultimate servicing network is designed with any
future boundary expansion to the east of upper Centennial.
iv. That the applicant or successor be responsible for any future
permanent servicing cost associated with the ultimate servicing
network.
All to the satisfaction of the Senior Director of Growth Management.
(By-law No. 19-013, January 23, 2019)
110. Notwithstanding Subsection 10.5a and Special Exception 711 on those lands
zoned Mixed Use Medium Density - Pedestrian Focus (C5a, 711) Zone,
Modified, identified on Map 1934 of Schedule "A" - Zoning Maps and described
as 3079 Binbrook Road, no development shall be permitted until such time as:
i)
The necessary upgrades to the Binbrook Sanitary Sewer Pumping
Station are completed to the satisfaction of the Senior Director of Growth
Management.
ii)
Notwithstanding Clause i) herein, the "H" Symbol shall not apply to a
Personal Service use having a maximum Gross Floor Area of 675 square
metres.
(By-law No. 19-062, March 27, 2019)
111. Notwithstanding Section 12.2 and within the lands zoned Rural (A2, 691) Zone
THE CITY OF HAMILTON
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May 13, 2021
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of this By-law, identified on Maps RU25 and RU26 on Schedule "A" - Zoning
Maps, and described as 1649 Highway No.6 North, a Cannabis Growing and
Harvesting Facility shall not be permitted until such time as:
i)
An Odour Impact Assessment and Light Impact Assessment has been
submitted and approved, to the satisfaction of the Director of Planning
and Chief Planner.
(By-law No.19-130, May 22, 2019)
112. Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 851) Zone, identified on Map 1259 of Schedule "A" -
Zoning Maps and described as 1310 South Service Road, no development shall
be permitted until such time as:
a)
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgement of the RSC by the MECP, and
the submission of the City of Hamilton's current RSC administration fee;
b)
The Owner agrees in a Site Plan Agreement to implement all required
noise mitigation measures identified in the Noise Feasibility Study
prepared by Howe Gastmeier Chapnik Limited dated August 18, 2022
and updated February 8, 2023, to the satisfaction of the Director of
Planning and Chief Planner;
c)
The Owner agrees in a Site Plan Agreement, to provide notice to any
subsequent owner, as well as any prospective purchasers or tenants that
the dwellings are located in a Class 4 Area, and to agree to register this
notice and any / all warning clauses on title, and include them in any
purchase and sale and in any lease or rental agreement, to the
satisfaction of the Director of Planning and Chief Planner;
d)
The Owner submit and receive approval of an updated Functional
Servicing Report, prepared by a qualified Professional Engineer, to
address sanitary design, watermain hydraulic analysis, and
stormwater outlets, to the satisfaction of the Director of Growth
THE CITY OF HAMILTON
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May 13, 2021
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Management and Chief Development Engineer and the Hamilton
Conservation Authority; and,
e)
The Owner submit and receive approval of an updated Transportation
Impact Study, with particular focus on improvement to mitigate both
future background and total traffic at the Queen Elizabeth Way
interchanges, to the satisfaction of the Ministry of Transportation and a
cost estimate schedule and required securities for the improvements, to
the satisfaction of the Director of Growth Management and Chief
Development Engineer and the Director of Transportation Planning and
Parking.
(By-law No. 19-062, March 27, 2019)
(By-law No. 23-168, September 13, 2023)
113. Notwithstanding Section 10.6 and Special Exception 728 on those lands zoned
District Commercial (C6) Zone, Modified, identified on Map 1912 of Schedule
"A" - Zoning Maps, and described as 2431 Regional Road 56 and 2365 Regional
Road 56, no development shall be permitted until such time as:
ii)
The lands are assembled and comprehensively planned and a site plan
control application has been approved for the assembled properties,
which ensures that the lands are comprehensively developed with the
lands adjacent to the south to the satisfaction of the Director of Planning
and Chief Planner.
(By-law No. 19-208, September 11, 2019)
116.
Deleted
(By-law No. 21-019, February 24, 2021)
(By-law No. 23-139, July 25, 2023)
118. Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 739) Zone on Map No. 993 on Schedule "A" - Zoning
Maps, and described as 211 and 225 John Street South and 78 Young Street,
no development shall be permitted until such time as:
1)
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MOECP). This
RSC must be to the satisfaction of the Director of Planning and Chief
THE CITY OF HAMILTON
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May 13, 2021
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Planner, including a notice of acknowledgement of the RSC by the
MOECP, and submission of the City of Hamilton's current RSC
administration fee.
2)
That the Owner submits and receives approval of a Documentation and
Salvage Report for the existing buildings at 211 John Street South and
78 Young Street and implements the strategy of the Documentation and
Salvage Report in accordance with the City of Hamilton Documentation
and Salvage Report guidelines to the satisfaction of the Director of
Planning and Chief Planner.
(By-law No. 21-038, March 21, 2021)
119. Notwithstanding Section 12.3 of this By-law, within lands zoned Settlement
Residential (S1, 738) Zone, identified on Map Nos. 1022 and 1068 of Schedule
A - Zoning Maps, and described as 1031 Highway No. 52 North, a Single
Detached Dwelling or a Residential Care Facility shall not be permitted until such
time as:
i)
The applicant/owner enters into a ground water monitoring agreement
with the City of Hamilton to the satisfaction of the Director of Hamilton
Water to support the construction of a single detached dwelling or
residential care facility on the lands identified as Part 3 through Consent
application AN/B-18:12; executes the terms of the ground water
monitoring agreement, with monitoring occurring on the single detached
dwellings or residential care facilities constructed on both Part 1 and Part
2 identified through Consent application AN/B-18:12, with monitoring
beginning on the first date of occupancy for the single detached dwelling
or residential care facility on the second lot to be developed and
continuing for a minimum period of one year, to the satisfaction of the
Director of Hamilton Water; and, provides satisfactory demonstration that
long-term water takings are sustainable and that there are no significant
impacts to ground water resources to the satisfaction of the Director of
Hamilton Water.
(By-law No. 21-006, January 20, 2021)
120.
Notwithstanding Subsection 11.1 of this By-law, on those lands zoned Transit
Oriented Corridor - Mixed Use - Medium Density (TOC1, 295, 741) Zone on
Map Nos. 909 and 951 on Schedule "A" - Zoning Maps and described as 354
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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King Street West, Hamilton, development shall be restricted in accordance with
the following:
a.
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the Transit
Oriented Corridor Mixed Use Medium Density (TOC1, 295) Zone.
b.
Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the Transit Oriented Corridor Mixed Use
Medium Density (TOC1) Zone except where in conflict with the following:
i)
No development exceeding the maximum height of 36.5 metres.
c.
Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following condition have been
satisfied:
i)
The Owner submitting a Functional Servicing Report (FSR) that
addresses such matters as, but not limited to, water servicing,
required fire flow (RFF), wastewater servicing and stormwater
management to the satisfaction of the Senior Director of Growth
Management.
(By-law No. 21-081, May 12, 2021)
121. Notwithstanding the Temporary Use Provision 10 For Specific Lands as it
applies to 574 Northcliffe Avenue. The permitted temporary dormitory use shall
be limited to a maximum capacity of 96 occupants until such time as:
i.
The applicant / proponent shall demonstrate and have attained all the
necessary approvals to provide adequate services to increase the
capacity beyond 96 students to accommodate a dormitory having a
maximum capacity of 138 occupants to the satisfaction of the Niagara
Escarpment Commission, Director, Development Planning and Ministry
of Environment, Conservation and Parks."
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-55
(By-law 21-231, December 15, 2021)
(By-law No. 23-079, May 10, 2023)
122. Notwithstanding Subsection 10.5 and Special Exception Nos. 752 and 754 of
this By-law, on those lands zoned Mixed Use Medium Density (C5, 752, 754,
H122) Zone, identified on Map 517 of Schedule "A" - Zoning Maps and
described as 3 and 4 Howard Boulevard, no development shall be permitted until
such time as:
i)
The subject lands are developed in conjunction with adjacent lands
abutting Dundas Street East, being 244 or 246 Dundas Street East
adjacent to 3 Howard Boulevard and 250 Dundas Street East adjacent
to 4 Howard Boulevard, to the satisfaction of the Director of Planning and
Chief Planner, Planning and Economic Development Department.
(By-law 22-071, April 13, 2022)
123. Notwithstanding Section 9.5 and Special Exception No. 433 of this By-law, within
the lands zoned General Industrial (M5, 433) Zone identified on Map nos. 749,
750, 751, 789, 790, 791, 830, 831, 832, 872, 873, 874 and 915 of Schedule "A"
- Zoning Maps and described as 386 Wilcox Street, development shall be
restricted in accordance with the following:
a.
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the (M5,
433) Zone;
b.
Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the M5, 433 Zone and the following
regulations:
i.
New development, including the establishment of uses permitted
by the M5 Zone, and additions to existing buildings shall be
permitted to a maximum of 1,000 square metres, in accordance
with the provisions of Zoning By-law No. 05-200
ii.
Issuance of Demolition Permits shall be permitted, to the
satisfaction of the Chief Building Official;
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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iii.
Relocation of existing buildings and structures on site shall be
permitted provided there is no increase in Gross Floor Area with
the exception to additions up to a maximum of 1,000 square
metres as set out in a) above, to the satisfaction of the Chief
Building Official; and,
iv.
Site remediation and earthworks shall be permitted, to the
satisfaction of the Director of Growth Management.
c.
Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision, provided that the following conditions have
been satisfied for such portion of the lands:
i.
The Owner submit a Concept Plan for the lands to the satisfaction
of the Director of Planning. The Concept Plan shall include
guidance on:
1) Precincts and the distribution of land uses and buildings within
each precinct;
2) Road and rail network; and,
3) Phasing.
ii.
The Owner shall provide a Master Servicing Plan, including a
Transportation Master Plan, for the retained and severed portion
of the lands to the satisfaction of the Director of Growth
Management and Director of Transportation and Parking.
Furthermore, the Owner shall develop a Terms of Reference to
complete the Master Servicing Plan and Transportation Master
Plan to the satisfaction of the Director of Growth Management and
Director of Transportation and Parking;
iii.
The Owner enter into and register on title a Joint Use
Agreement and/or Development Agreement (if required) to
implement the Master Servicing Plan, to the satisfaction of the
Director of Growth Management; and,
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-57
iv.
The Owner submits and receives approval of an Implementation
Strategy to illustrate how the Concept Plan and Master Plan, may
be implemented through additional Planning Act approvals such
as Draft Plan of Subdivision, Draft Plan of Condominium and/or
applications for Site Plan Control, to the satisfaction of the Director
of Transportation and Parking and Director of Growth
Management.
(By-law No. 22-069, April 13, 2022)
124. Notwithstanding Section 10.5a of this By-law, on those lands zoned Mixed Use
Medium Density (C5a, 774, H124) Zone, identified on Map 911 of Schedule A -
Zoning and described as 222, 226 and 228 Barton Street East and 255, 257,
261,263 and 265 Wellington Street North, no development shall be permitted
until such time as:
i.
The Owner submit and receive completion of a signed Record of Site
Condition (RSC) being submitted to the City of Hamilton and the Ministry
of the Environment, Conversation and Parks (MECP) or enters into a
conditional building permit agreement with respect to completing a
Record of Site Conditions. This RSC must be to the satisfaction of the
Director of Planning and Chief Planner, including a notice of
acknowledgement of the RSC by the MECP, and submission of the City
of Hamilton s current RSC administration fee;
ii.
The Owner agrees in a signed Site Plan Agreement to implement all
required noise mitigation measures identified in Acoustical Study dated
November 22, 2019 by RWDI and updated July 23, 2021, through the
Site Plan Control Application, to the satisfaction of the Director of
Planning and Chief Planner; and,
iii.
The Owner agrees in a signed Site Plan Agreement, to provide notice to
any subsequent owner, as well as any prospective purchasers or tenants
that the dwellings are located in a Class 4 Area, and to agree to register
this notice and any / all warning clauses on title, and include them in any
purchase and sale and in any lease or rental agreement, to the
satisfaction of the Director of Planning and Chief Planner.
(By-law No. 20-095, April 27, 2022)
125. Notwithstanding Section 12.3 of this By-law, within a portion of the lands zoned
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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Settlement Residential (S1) Zone on Map No. RU106 of Schedule "A" - Zoning
Maps, and described as 65 Oak Avenue, no development shall be permitted
until such time as:
1.
The owner submits a deposited Ontario Land Surveyor's Reference Plan
to the Committee of Adjustment Office, unless exempted by the Land
Registrar. The reference plan must be submitted in hard copy and also
submitted in CAD format, drawn at true scale and location and tied to the
City corporate coordinate system.
2.
That the proponent shall carry out an archaeological assessment of the
portion of the property conveyed and mitigate, through preservation or
resource removal and documentation, adverse impacts to any significant
archaeological resources found. No demolition, grading, construction
activities, landscaping, staging, stockpiling or other soil disturbances shall
take place on the subject property prior to the approval of the Director of
Planning confirming that all archaeological resource concerns have
met
conservation requirements. All archaeological reports shall be
submitted to the City of Hamilton concurrent with their submission to the
Ministry of Tourism, Culture and Sport. Should deeply buried
archaeological materials be found on the property during any of the above
development activities the Ontario Ministry of Tourism, Culture and Sport
(MTCS) should be notified immediately (416.314.7143). In the event that
human remains are encountered during construction, the proponent
should immediately contact both MTCS and the Registrar or Deputy
Registrar of the Cemeteries Regulation Unit of the Ministry of Small
Business and Consumer Services (416.326.8392).
3.
The Applicant shall ensure compliance with Ontario Building Code
requirements regarding spatial separation distances of any structures to
the satisfaction of the Planning and Economic Development Department
(Building Division - Plan Examination Section).
(By-law No. 22-084, April 13, 2022)
126. Notwithstanding Section 8.2 of this By-law, within lands zoned Community
Institutional (I2, 814) Zone, identified on Maps 941 and 1942 of Schedule "A" -
Zoning Maps and described as 125 Pirie Drive, development shall be restricted in
accordance with the following:
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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a)
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the lands
subject to this provision when the following condition have been satisfied:
(i)
That the Owner shall receive conditional site plan approval for the
site to the satisfaction of the Manager of Heritage and Design;
(ii)
The Owner shall enter into with the City and register on title a
development agreement and/or site plan agreement to the
satisfaction of the Manager of Heritage and Design;
(iii)
That the Owner shall submit and received approval of a Fire
Protection Design and Analysis Report to demonstrate that the
system complies with the Ontario Building Code and applicable
National Fire Protection Association (NFPA) 13 and NFPA 14
standards, all to the satisfaction of the Chief Building Official and
Chief Fire Protection Officer;
(iv)
That the Owner shall submit and receive approval of a Risk
Assessment Report to demonstrate how the proposed fire
protection system will have no negative impact to the existing
municipal system to the satisfaction of Public Works;
(v)
That the Owner shall submit and received approval of an
Operational and Maintenance Report/Plan that demonstrates how
the proposed fire protection system will be maintained and outline
the specific inspection details for the system, and that the proposed
system complies with the Building Code Act and Fire Protection and
Prevention Act, 1997 all to the satisfaction of the Chief Fire
Protection Officer and Chief Building Official;
(vi)
The Owner shall submit and received approval of a Fire Safety Plan
to the satisfaction of the Chief Building Official and Chief Fire
Protection Officer; and,
(vii)
That the Owner shall provide increased capital reserve funds in
order to cover the costs of yearly maintenance records, all to the
satisfaction of the Chief Fire Protection Officer and the Chief
Building Official.
THE CITY OF HAMILTON
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May 13, 2021
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(By-law No. 23-038-OLT, September 6, 2022)
127. Notwithstanding Section 8.2 of this By-law, within lands zoned Community
Institutional (I2, 810), identified on Map No. 1183 on Schedule "A" - Zoning
Maps, and described as 60 Caledon Avenue, Hamilton, no development shall
be permitted until such time as:
1.
That the owner submits and receives approval of an updated Functional
Servicing Report and Stormwater Management Report and related
drawings to demonstrate that adequate capacity exists in the existing
municipal sanitary sewer downstream of the site to support the proposed
development, to the satisfaction of the Director of Growth Management.
(By-law No. 22-176, July 08, 2022)
128. Notwithstanding Section 11.3 of this By-law, on those lands zoned Transit
Oriented Corridor Multiple Residential (TOC3, 811, H128) Zone, identified on
Map 869 of Schedule "A" - Zoning and described as 405 James Street North,
no development shall be permitted until such time as:
i)
The Owner agrees in a signed Site Plan Agreement to implement all
required noise mitigation measures identified in the Environmental Noise
Feasibility Study dated March 9, 2022 by Valcoustics Canada Ltd., to the
satisfaction of the Director of Planning and Chief Planner.
ii)
The Owner agrees in a signed Site Plan Agreement, to provide notice to
any subsequent owner, as well as any prospective purchasers or tenants
that the dwellings are located in a Class 4 Area, and to agree to register
this notice and any / all warning clauses on title, and include them in any
purchase and sale and in any lease or rental agreement, to the
satisfaction of the Director of Planning and Chief Planner.
iii)
The Owner submit and receive approval of a Watermain Hydraulic
Analysis to identify the required upgrades to the existing watermain on
Ferrie Street West, to the satisfaction of the Manager of Development
Engineering Approvals.
iv)
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
THE CITY OF HAMILTON
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Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgement of the RSC by the MECP, and
submission of the City of Hamilton's current RSC administration fee.
(NOT FINAL AND BINDING: By-law No. 22-220, August 12, 2022)
129.
Notwithstanding Section 8.2 of this By-law, within lands zoned Community
Institutional (I2, 816), identified on Maps 482 and 483 of Schedule "A" - Zoning
Maps and described as 265 Mill Street, no development shall be permitted until
such time as:
a)
The Holding Provision for the Community Institutional (I2, 816) Zone,
Holding shall be removed when the following conditions have been met:
1.
A revised Transportation Impact Study (TIS) has been submitted
and approved with any recommendations made in the revised TIS
being implemented to the satisfaction of the Manager,
Transportation planning.
2.
A Conservation Plan and Construction Monitoring Plan has been
submitted and approved with any recommendations made in the
Conservation Plan and Construction Monitoring Plan being
implemented to the satisfaction of the Manager of Heritage and
Urban Design.
3.
An updated Cultural Heritage Impact Assessment has been
submitted and approved with any recommendations made in the
Cultural Heritage Impact Assessment being implemented, to the
satisfaction of the Director of Planning and Chief Planner
(By-law No. 22-187, August 12, 2022)
130. Notwithstanding Section 14.2 of this By-law, on those lands zoned Waterfront -
Mixed Use (WF2, 819) Zone, identified on Maps Nos. 787 and 827 of Schedule
"A" - Zoning Maps and described as 130 Haida Avenue, no development shall
be permitted until such time as:
i)
The Owner submitting and receiving conditional site plan approval, which
THE CITY OF HAMILTON
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shall implement the Pier 8 Block 16 Urban Design Guidelines, the Pier 8
- Block 16 Sustainability Report, and the preferred tower design as
determined through the Implementation Process for a Tall Building
Proposal - Pier 8, Block 16, that addresses innovation in the areas of
sustainability, quality of life and design excellence, and to demonstrate
net zero carbon, high efficiency building standards, Pier 8 Block 16 will
use the CaGBC's Zero Carbon Building v3 Design Certification, to the
satisfaction of the Director of Planning and Chief Planner.
(By-law No. 23-229, November 22, 2023)
131. Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 822) Zone on Map No. 1237 on Schedule "A" - Zoning
Maps, and described as 1020 Upper James Street, Hamilton, no development
shall be permitted until such time as:
1.
That the Owner submit a Functional Servicing Report to demonstrate the
storm water management, sanitary flow and water supply demand
(Water Hydraulic Analysis) resulting from this development has
adequate capacity in the existing municipal infrastructure system in
accordance with City standards to accommodate the proposed
development, to the satisfaction of the Director of Growth Management.
2.
That the Owner enter into an external works agreement with the City for
the design and construction of any improvements to the municipal
infrastructure at owner's cost, should it be determined that upgrades are
required to the infrastructure to support this development, according to
the Functional Servicing Report, Traffic Impact Study (TIS) and Water
Hydraulic Analysis Report, to the satisfaction of the Director of Growth
Management.
(By-law No. 22-273, December 7, 2022)
132. Notwithstanding Section 6.1 of this By-law, on those lands zoned Downtown
Central Business District (D1, 820) Zone, identified on Map 951 of Schedule "A"
- Zoning Maps and described as 220 and 222 Main Street West and 107 and
109 George Street, no development shall be permitted until such time as:
i)
That the owner submits, receives approval and implements the following
Cultural Heritage studies, to the satisfaction of the Director of Heritage
THE CITY OF HAMILTON
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and Urban Design:
A.
A Documentation and Salvage Report for 220 and 222 Main Street
West be submitted in accordance with the City's Guidelines for
Documentation and Salvage Report prior to any demolition and the
Owner shall demonstrate that a copy of this Report is submitted to
the Hamilton Public Library; and,
B.
Commemoration Brief for 220 and 222 Main Street West.
ii)
The Owner establish an easement to allow vehicle access to the rear of
the existing building located at 107 and 109 George Street, to the
satisfaction of the Manager of Transportation Planning.
iii)
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgement of the RSC by the MECP, and the
submission of the City of Hamilton's current RSC administration fee.
iv)
That the Owner demonstrate that the proposed development does not
exceed the height of the Niagara Escarpment to the satisfaction of the
Director of Planning and Chief Planner.
(By-law No. 23-024, February 22, 2023)
133. Notwithstanding Section 12.1.1 of this By-law, within the lands zoned Agriculture
(A1, 824) Zone, identified on Map Nos. 180 and 193 of Schedule "A" - Zoning
Maps and described as 3355 Golf Club Road, no development shall be permitted
until such time as:
a)
The owner shall provide Stage 3 Archaeological Assessment which has
been completed in Accordance Section F.3.2.7 of the Rural Hamilton
Official Plan and accepted by the Ministry of Tourism, Culture and Sport
for the area within the southern woodlot portion of the subject lands. This
shall include the Provincially Significant Woodlot, existing adjacent
woodlots and the Provincially Significant wetland located to the south
east.
THE CITY OF HAMILTON
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b)
The owner shall submit and receive approval of a Hydrogeological Report
to the satisfaction of the Director, Hamilton Water, which shall include but
not be limited to the following:
1.
A summary of on-site water use (proposed use and existing)
supported by sources of information used in the summary shall be
completed. Potable water demand must be calculated based on
Part 8 of the Ontario Building Code (250L/day/room +
125/day/seat).
2.
A pumping test on one or more wells to indicate that the daily water
demand can be sourced from onsite while recovering within 24
hours from the start of pumping. Adjacent groundwater users
within 500m of the wells shall be provided opportunities to have
their wells monitored during testing, all other onsite wells shall be
monitored to determine interference extent from pumping.
Reporting shall include a distance / drawdown analysis with data
from this use as well as cumulative on-site uses to prepare a zone
of influence map indicating the zone where zero influence is
expected. The report will include all drawdown data from the
pumping and monitoring wells, a determination of 95% recovery
based on static and maximum drawdown and comparison to
observed recovery, and graphical interpretation of drawdown data
extrapolated to 10 years.
3.
Wastewater attenuation or nitrate boundary calculations prepared
using the daily demand indicating that the final steady state
boundary concentration of nitrate in groundwater will remain below
the threshold of10 mg/L. Groundwater infiltration rates should be
consistent with those in the City of Hamilton Hydrogeological
Guidelines (2013) unless otherwise agreed to be the City of
Hamilton. Groundwater flow-through should not be used in the
calculation unless agreed to by the City of Hamilton.
4.
The well labeled as PW 1 in the hydrogeological study dated
August 27,2020 prepared by exp and any other additional well that
may be required to supplement PW 1 to meet the demand as
agreed with by the City of Hamilton, must be analyzed for all water
THE CITY OF HAMILTON
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quality parameters stated in Tables 1 through 4 as found in the
document "Technical Support Document for Ontario Drinking
Water Standards, Objectives and Guidelines" (2006). Gross Alpha
and Gross Beta screening can be done for radiological activity.
The analysis must indicate the groundwater supply well(s) provide
water within the limits prescribed in Tables 1 through 4without
treatment. Should treatment be required the treatment must be
designed to the satisfaction of the City of Hamilton.
5.
A scaled site plan must be prepared indicating locations of water
supply well(s), sewage disposal system(s) (initial and reserve
sewage bed system), ensuring that all clearances conform to
Ontario Building Code Part 8 requirements (e.g. tanks and
distribution system clearances to property lines, structures, wells,
water features, reserve beds, etc.), and also ensuring that water
supply well(s) are not located downgradient from the sewage
disposal system(s).
(By-law No. 23-009-OLT, January 24, 2023)
(By-law No. 24-137, July 12, 2024)
134. Notwithstanding Section 10.3.1 of this By-law, within the lands zoned
Community Commercial (C3, H134) and (C3, 830, H134) Zone, identified on
Map Nos. 913 and 955 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
286 Sanford Avenue North
913
42 Westinghouse Avenue
913, 955
a)
For such time as the Holding Provision is in place, these lands shall only
be used for the following uses in accordance with Section 10.3.3:
Artist Studio
Catering Service
Commercial School
Communications Establishment
Craftsperson Shop
Financial Establishment
Laboratory
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-66
Medical Clinic
Microbrewery
Motor Vehicle Gas Bar
Motor Vehicle Gas Station
Office
Personal Service
Restaurant
Retail
Tradesperson's Shop
Urban Farmer's Market
Veterinary Service
b)
No development shall be permitted until such time as:
The Owner(s) demonstrates compatibility with adjacent Employment
uses, including but not limited to a Noise Impact Study, Record of Site
Condition, and compliance with all Provincial compatibility guidelines, to
the satisfaction of the Director of Planning and Chief Planner.
(By-law No. 26-049, March 04, 2026)
138. Notwithstanding Section 10.2.1 of this By-law, within the lands zoned
Neighbourhood Commercial (C2,837, H138) Zone, identified on Map No. 1364
of Schedule "A" - Zoning Maps and identified as Part of 1219 Highway No. 8,
Stoney Creek, no development shall be permitted until such time as:
a)
That land assembly occur in order to provide commercially zoned
frontage on a street, to the satisfaction of the Director of Planning and
Chief Planner.
(By-law No. 26-049, March 04, 2026)
141. Notwithstanding Section 6.1 of this By-law, on those lands zoned Downtown
Central Business District (D1, 820) Zone, identified on Map 951 of Schedule "A"
- Zoning Maps and described 115, and 117 George Street, no development
shall be permitted until such time as the Owner submits and receive approval of
a Conservation Plan, to the satisfaction of the Director of Planning and Chief
Planner.
(By-law No. 23-024, February 22, 2023)
THE CITY OF HAMILTON
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142. Notwithstanding Section 10.7 of this By-law within lands zoned Business Park
Support (M4, 842) Zone, identified on Map 1548 of Schedule "A" - Zoning Maps
and municipally described as 10 Trinity Church Road, development shall be
restricted in accordance with the following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses listed in the (M4) Zone within the buildings
and structures existing at the time of the passing of this By-law.
b)
Conditions for Holding Provision Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
subject lands when the following conditions have been satisfied:
i)
That the owner submits and receive approval of a Cultural Heritage
Impact Assessment Addendum that includes detailed architectural
and structural drawings for the proposed changes, to the
satisfaction of the Manager of Heritage and Urban Design;
ii)
That the owner submits and receive approval of a Conservation
Brief that includes structural drawings and masonry specifications
for changes to the north elevation associated with the elevator
addition, to the satisfaction of the Manager of Heritage and Urban
Design; and,
iii)
That the owner submit and receive approval of Documentation and
Salvage Brief scoped to the repurposing of the Gothic window that
will be removed from the north elevation, to the satisfaction of the
Manager of Heritage and Urban Design.
(By-law No. 23-093, May 24, 2023)
(By-law No. 26-144-PED, August 07, 2026)
143.
Notwithstanding Section 10.5a.1 of this By-law, within the lands zoned Mixed Use
Medium Density - Pedestrian Focus (C5a, 833, 143) Zone, identified on Map No.
1934 of Schedule "A" - Zoning Maps and described as 3033, 3047, 3055, 3063
Binbrook Road, Glanbrook, no development shall be permitted until such time as:
a)
That the Owner submit and receive approval of an updated Cultural
THE CITY OF HAMILTON
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May 13, 2021
D-68
Heritage Impact Assessment (Addendum), to the satisfaction of the
Manager of Heritage and Urban Design.
b)
A Documentation and Salvage Report, Moving Plan and Conservation
Plan be submitted to the satisfaction of the Director of Planning and Chief
Planner
(By-law No. 26-049, March 04, 2026)
145.
Notwithstanding Section 11.4.1 of this By-law, within the lands zoned Transit
Oriented Corridor Mixed Use High Density (TOC4, 826, H145), (TOC4, 632, 826,
H145), and (TOC4, 632, 826, 832, H145) Zone, Modified, identified on Map Nos.
1048, 1049, and 1094 of Schedule "A" - Zoning Maps, and described as:
Property Address
Map Number
2411 Barton Street East
1094
2415 Barton Street East
1094
2425 Barton Street East
1094
2477 Barton Street East
1094
2481 Barton Street East
1094
2493 Barton Street East
1094
25 Arrowsmith Road
1048, 1094
26 Arrowsmith Road
1094
185 Bancroft Street
1048
247 Centennial Parkway North
1094
257 Centennial Parkway North
1094
258 Centennial Parkway North
1094
260 Centennial Parkway North
1094
265 Centennial Parkway North
1094
267 Centennial Parkway North
1094
282 Centennial Parkway North
1094
315 Centennial Parkway North
1094
333 Centennial Parkway North
1048, 1094
347 Centennial Parkway North
1048
350 Centennial Parkway North
1048, 1049, 1094
Development of one or more of the following uses shall not be permitted if a
building containing one or more of the uses is located 400.0 metres or less from
the lot line abutting the railway crossing Centennial Parkway North, until such time
as the condition in a) has been satisfied.
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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Child Care Centre
Dwelling Unit, Mixed Use
Long Term Care Facility
Retirement Home
Social Services Establishment
a)
The Owner(s) submit a Noise Impact Study, prepared by a qualified
Professional Engineer, which shall demonstrate appropriate mitigation
measures to meet provincial sound level criteria, to the satisfaction of the
Director of Planning and Chief Planner.
(By-law No. 26-049, March 04, 2026)
146.
Notwithstanding Section 6.1 of this By-law, within lands zoned Downtown Central
Business District (D1, 846) Zone on Map No. 952, 953, 994, and 995 on Schedule
"A" - Zoning Maps, and municipally described as 101 Hunter Street East, no
development shall be permitted until such time as:
a.
That the owner submits a signed Record of Site Condition to the
satisfaction of the Director of Development Planning or enters into a
conditional building permit agreement with respect to completing a Record
of Site Condition. The Record of Site Condition must include a notice of
acknowledgement of the Record of Site Condition by the Ministry of the
Environment, Conservation and Parks, and submission of the City of
Hamilton's current Record of Site Condition administration fee.
b.
That the owner submits and receives approval of an updated Acoustical
Study to confirm the appropriate mitigation measures and warning clauses,
to the satisfaction of the Director of Development Planning.
c.
That the owner agrees in a signed Site Plan Agreement, to provide notice
to any subsequent owner, as well as any prospective purchasers or tenants
that the dwellings are located in a Class 4 area, and to agree to register
this notice and any / all warning clauses on title and include them in any
purchase and sale and in any lease or rental agreement, to the satisfaction
of the Director of Development Planning.
d.
That the owner submits and receives approval of a Commemorative
Strategy, to the satisfaction of the Director of Heritage and Urban Design.
THE CITY OF HAMILTON
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May 13, 2021
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e.
That the owner submits and receives approval of either a signed
permission from the adjacent property owner at 111 Hunter Street East to
remove and/or impact trees on their property or an updated Tree Protection
Plan demonstrating that trees on adjacent lands will not be impacted by the
proposed development, all to the satisfaction of the Director of
Development Planning.
(By-law No. 24-130, July 12, 2024)
147.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 849) Zone, identified on Map 1188 of Schedule "A" -
Zoning Maps and described as 1093 Fennell Avenue East, no development,
demolition, grading, construction activities, landscaping, staging, stockpiling or
other soil disturbances shall be permitted until such time as:
a)
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgement of the RSC by the MECP, and the
submission of the City of Hamilton's current RSC administration fee.
(By-law No. 23-146, August 18, 2023)
150. Notwithstanding Section 10.2 of this By-law, within lands zoned Neighbourhood
Commercial (C2, 852) Zone, identified on Map 1281 of Schedule "A" - Zoning
Maps and described as 111 and 115 Fiddler's Green Road, no development
shall be permitted until such time as:
The Owner enters into a conditional building permit agreement with
respect to completing a Record of Site Condition or a signed Record of
Site Condition (RSC) being submitted to the City of Hamilton and the
Ministry of the Environment, Conservation and Parks (MECP). This RSC
must be to the satisfaction of the Director of Planning and Chief Planner,
including a notice of acknowledgement of the RSC by the MECP, and the
submission of the City of Hamilton's current RSC administration fee.
(By-law No. 23-130, July 14, 2023)
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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152.
Notwithstanding Section 7.5 of this By-law, within lands zoned Conservation /
Hazard Land (P5, 873, H152) Zone, identified on Map 787 and 827 of Schedule
A - Zoning Maps and described as 65 Guise Street East, Hamilton (Blocks 12,
13 & 14 of 62M-1287), no development shall be permitted until such time as the
applicant submits and receives approval of the following:
i)
The Owner or authorized applicant submits a Functional Servicing and
Stormwater Management Report, including design and construction
details to identify and implement any required modifications to the
proposed stormwater management system to the satisfaction of Director
of Growth Management and Chief Development Engineer.
ii)
The Owner or authorized applicant submits a Tree Protection Plan and
Landscape Plan concept, including sections showing the planting depth
of landscaped area with parking below to the satisfaction of the Director
of Heritage and Design.
iii)
The owner or authorized applicant shall obtain Ministry of Environment,
Conservation and Parks approval of an amended Certificate of Property
Use that reflects the intended use of Blocks 12, 13 & 14 to include below
grade parking.
(By-law No. 23-187, October 11, 2023)
153.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5,858) Zone on Map No. 994 on Schedule "A" - Zoning
Maps, and described as 299-307 John Street South and 97 St. Joseph's Drive,
Hamilton, no development shall be permitted until such time as:
a.
The Owner submit a Watermain Hydraulic Analysis to the satisfaction
of City's Director, Growth Management and Chief Development Engineer.
(By-law No. 23-192-OLT, July 20, 2023)
154.
Notwithstanding Section 10.5a.1 of this By-law, within lands zoned Mixed Use
Medium Density (C5a, 860) Zone of Map No. 1175 on Schedule "A" - Zoning
Maps, and described as 392 - 412 Wilson Street East and 15 Lorne Avenue,
Ancaster, no development shall be permitted until such time as:
i)
The Owner submits a revised Functional Servicing Report (FSR)
THE CITY OF HAMILTON
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May 13, 2021
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demonstrating that the sanitary flow and water supply (Water Hydraulic
Analysis report (WHAR)) resulting from this development has adequate
capacity in the municipal infrastructure system and that a conceptual
outline of the proposed onsite Stormwater Management measures are
provided, in accordance with City standards to accommodate the proposed
development, to the satisfaction of City's Director of Development
Engineering; and,
ii)
Should it be determined that upgrades are required to the infrastructure to
support this development, according to the revised FSR and WHAR
accepted by the City's Director of Development Engineering, the Owner
shall make satisfactory arrangements with the City's Growth Management
Division and enter into and register on title of the lands, an external works
agreement with the City for the design and construction of any required
improvements to the municipal infrastructure, at the Owner's cost. If it is
determined by the City that the required upgrades are eligible for any City
share, any costs attributable to such works by the Owner shall be in
accordance with development charges legislation as well as the City's local
servicing and financial policies, including the City's capital budgets.
iii)
Holding Provisions i) and ii) above shall not apply to the relocation of the
existing dwelling at 398 Wilson Street designated under the Ontario
Heritage Act, being the Phillip Marr House, that may occur upon clearance
of the conditions of approval for Heritage Permit Application No. PH2021-
033 to the satisfaction of the Chief Planner and Director of Planning.
(By-law No. 23-195-OLT, September 19, 2023)
155.
Notwithstanding Section 10.5a of this By-law, within lands zoned Mixed Use
Medium Density - Pedestrian Focus (C5a, 861) Zone, identified on Maps
1124 and 1175 of Schedule "A" - Zoning Maps, and described as 441, 450,
454 and 462 Wilson Street East, no development shall be permitted until
such time as the following has been satisfied:
1.
The Owner submits and receives approval of a revised Functional
Servicing
Report
(FSR)
to
demonstrate
that
the
stormwater
management, sanitary flow and water supply (Water Hydraulic Analysis
Report (WHAR)) resulting from this development has adequate capacity
in the existing municipal infrastructure system in accordance with City
standards to accommodate the development of the lands described as
THE CITY OF HAMILTON
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May 13, 2021
D-73
442, 450, 454 and 462 Wilson Street East, to the satisfaction of the of the
City's Director of Development Engineering, as a condition of site plan
approval
2.
Should it be determined that upgrades are required to the infrastructure
to support the development of lands described as 442, 450, 454 and 462
Wilson Street East, according to the FSR and WHAR, accepted by the
City's Director of Development Engineering, the Owner shall make
satisfactory arrangements with the City's Growth Management Division
and enter into and register on title of the lands, an external works
agreement with the City for the design and construction of any required
improvements to the municipal infrastructure at the Owner's share of the
cost, as a condition of Site Plan Approval; and,
3.
That the Owner shall submit a revised Tree Protection Plan (TPP) to the
satisfaction of the Director of Heritage and Urban Design.
(By-law No. 23-197-OLT, September 26, 2023)
157.
Notwithstanding Section 11.3 of this By-law, within the lands zoned Transit
Oriented Corridor Multiple Residential (TOC3, 864) Zone, identified on Map
1340 of Schedule "A" - Zoning Maps and described as 631 and 639 Rymal
Road West, the following special provisions shall apply:
a)
No development shall be permitted until such time as:
i)
The Owner submits a Sanitary Sewer Capacity Analysis, to the
satisfaction of the Director of Growth Management and Chief
Development Engineer; and,
ii)
The Owner makes satisfactory arrangements with the City's
Growth Management Division and enters into an External Works
Agreement with the City for the design and construction of any
improvements to the municipal infrastructure at the Owner's cost,
should it be determined that upgrades are required to the
municipal infrastructure to support the proposed development, to
the satisfaction of the Director of Growth Management and Chief
Development Engineer.
(By-law No. 23-153, August 18, 2023)
THE CITY OF HAMILTON
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May 13, 2021
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(By-law No. 26-145-PED, August 11, 2026)
158.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use -
Medium Density (C5) Zone, identified on Map No. 1195 of Schedule "A" - Zoning
Maps and described as 95, 99, 103, and 105 Highway 8, no development shall
be permitted until such time as:
i)
The Owner submitting a Sanitary Sewer Capacity Analysis, to the
satisfaction of the Director of Growth Management and Chief
Development Engineer.
ii)
The Owner submitting an updated Functional Servicing Report in
accordance with the City's standards, to the satisfaction of the Director
of Growth Management and Chief Development Engineer.
iii)
The Owner submitting a Watermain Hydraulic Analysis to the satisfaction
of the Director of Growth Management and Chief Development Engineer.
iv)
The Owner submitting a revised Hydrogeology Report specifying the
levels of underground parking and impacts and mitigation measures for
the groundwater systems, to the satisfaction of the Director of Growth
Management and Chief Development Engineer.
v)
The Owner submitting easement document details for the privately
owned rear yard catch basins to be considered as a storm outlet for the
subject site and acknowledging that the future condominium corporation
on the subject site will be responsible to operate, maintain and mitigate
any negative impacts for the proposed storm outlets at the future
condominium corporation's cost, to the satisfaction of the Director of
Growth Management and Chief Development Engineer.
vi)
The Owner making satisfactory arrangements with the City's Growth
Management Division and entering into an External Works Agreement
with the City for the design and construction of any required
improvements to the municipal infrastructure at the Owner's cost, should
it be determined that upgrades are required to the municipal infrastructure
to support the proposed development, all to the satisfaction of the
Director of Growth Management and Chief Development Engineer.
vii)
The Owner submitting a revised Tree Protection Plan addressing the
THE CITY OF HAMILTON
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May 13, 2021
D-75
protection of the trees found within the City's right-of-way and that
finalizes the justification for the removal of the identified trees, and
submitting written confirmation, from the owner of 505 Berkindale Drive,
for permission to encroach into the dripline of "Tree A", to the satisfaction
of the Director of Planning and Chief Planner. The resubmission is also
to include the applicable Tree Protection Plan review fee payable to the
City of Hamilton.
viii)
The Owner investigating traffic calming measures on Donn Avenue and
Berkindale Drive and pay 50% of the costs, to a maximum of $50,000.00,
of the identified traffic calming measures, to the satisfaction of the
Director of Transportation and Parking.
(By-law No. 23-158, August 18, 2023)
160. In addition to Section 4.22 iii) of this By-law, within lands zoned Settlement
Residential (S1, 872) Zone, identified as Map 143 on Schedule "A", development
of a single detached dwelling shall not be permitted until such time:
(i)
That the Owner/Applicant applies for a Building Permit showing a
connection to the municipal water system and installation of a Class 6
Tertiary wastewater treatment system, to the satisfaction of the City's
Chief Building Official.
(ii)
That the Applicant enter into, and have registered on title, a development
agreement with the City of Hamilton to install and properly maintain the
tertiary treatment septic system, in order to function as designed, to the
satisfaction of the Director of Development Planning, Director of Hamilton
Water, and City Solicitor.
(By-law No. 23-204, October 25, 2023)
161.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use -
Medium Density (C5) Zone, identified on Map No. 1178 and 1179 of Schedule "A"
- Zoning Maps and described as 1225 Old Golf Links Road, no development shall
be permitted until such time as:
i)
The Owner submits a revised Functional Servicing Report in accordance
with the City's standards, to the satisfaction of the Director of Growth
Management and Chief Development Engineer demonstrating that the
THE CITY OF HAMILTON
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increased wastewater generated from the proposed development will not
adversely impact the hydraulic performance of the City's sanitary sewer
system by completing a sanitary sewer analysis to demonstrate that there
is a residual capacity in the system to support the proposed development;
ii)
The Owner submits a revised Stormwater Management Report
demonstrating that there is a suitable storm outlet for the proposed
development, to the satisfaction of the Director of Growth Management and
Chief Development Engineer;
iii)
The Owner submits a Watermain Hydraulic Analysis, to the satisfaction of
the Director of Growth Management and Chief Development Engineer.
iv)
The Owner makes satisfactory arrangements with the City's Growth
Management Division and enters into an External Works Agreement with
the City for the design and construction of any required improvements to the
municipal infrastructure at the Owner's cost, all to the satisfaction of the
Director of Growth Management and Chief Development Engineer.
v)
The Owner submits an acoustical report prepared by a qualified
Professional Engineer containing the recommended noise control
measures to the satisfaction of the Director of Planning and Chief Planner.
Should a peer review of the acoustical report be warranted, all associated
costs shall be borne by the owner and shall be submitted to the satisfaction
of the City of Hamilton, Director of Planning and Chief Planner.
vi)
The Owner submits a revised Tree Protection Plan that addresses the
protection of the trees inventoried within the City's right-of-way and finalizes
the justification for the removal of the identified trees, to the satisfaction of
the Director of Planning and Chief Planner. The resubmission must include
the applicable Tree Protection Plan review fee payable to the City of
Hamilton.
vii)
The Owner satisfying all requirements of Hydro One Corporation including
lot grading and drainage and entering into a Site Plan Agreement with the
City, to the satisfaction of the Director of Planning and Chief Planner.
(By-law No. 23-224-OLT-01, November 22, 2023)
162.
Notwithstanding Section 11.3 on lands zoned Transit Oriented Corridor Multiple
THE CITY OF HAMILTON
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Residential (TOC3, 874, H162) Zone, identified on Map 1395 of Schedule "A" -
Zoning Maps and described as 81 and 87 Rymal Road East, no development
shall be permitted until such time as:
i)
The properties municipally known as 81 and 87 Rymal Road East shall
be merged in title, to the satisfaction of the Director of Planning and
Chief Planner.
ii)
The Owner shall submit and receive approval of a revised Functional
Servicing Report to demonstrate that the increased wastewater
generated from the proposed development will not adversely impact the
hydraulic performance of the City's sanitary sewer system by completing
a sanitary sewer analysis to demonstrate that there is residual capacity
in the system to support the proposed development as well as any future
intensification within the catchment, to the satisfaction of the Director of
Development Engineering.
iii)
The Owner shall submit and receive approval of a Stormwater
Management Report and design to demonstrate there is a suitable storm
outlet for the proposed development, to the satisfaction of the Director of
Development Engineering.
iv)
The Owner shall submit and receive approval of a Watermain Hydraulic
Analysis identifying the modelled system pressures at pressure district
level under various boundary conditions and demand scenarios to
demonstrate that the municipal system can provide for required flows to
support the proposed development, to the satisfaction of the Director of
Development Engineering.
v)
The Owner shall acknowledge and agree to convey and dedicate the
ultimate right-of-way width for the DiCenzo Drive extension, in
accordance with the current City standards and as shown on the
Neighbourhood Plan, to the City without cost and free of encumbrance,
through a future Site Plan Control application, to the satisfaction of the
Director of Development Engineering.
vi)
The Owner shall enter into and register on title of the lands a
Development Agreement, upon the City's request, that outlines the
Owner's responsibility to pay their proportional share of the cost to
THE CITY OF HAMILTON
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complete the DiCenzo Drive extension including all municipal services
and private service connection in accordance with City standards, to the
satisfaction of the Director of Development Engineering.
vii)
The Owner shall submit and receive approval of a preliminary plan and
profile drawing for the DiCenzo Drive extension, from the existing dead
end to the west of Atessa Drive to Delta Drive, prepared by a qualified
professional, to the satisfaction of the Director of Development
Engineering, demonstrating the following items:
1.
The inverts of the municipal sewers that feasibly redirect storm and
sanitary flows from the interim to the ultimate servicing scenario;
2.
The preliminary vertical alignment for the DiCenzo Drive extension
complies with the City's criteria noted in the current City
Development Guidelines;
3.
How the proponent is meeting the existing grades at the existing
commercial development adjacent to the west property line (55
Rymal Road East); and,
4.
How the preliminary centreline elevations provide for the required
cover to facilitate extension of the existing storm and sanitary
sewers on DiCenzo Drive to provide for the ultimate storm (minor
and major) and sanitary outlets for the property.
(By-law No. 24-053, April 10, 2024)
163.
Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 877) Zone, identified on Map No. 1195 of Schedule "A" -
Zoning Maps and described as 851 Lawrence Road, no development shall be
permitted until such time as:
a)
The Owner submitting a Parking Assessment demonstrating that:
a.
the removal of the driveway access to 380 Cochrane Road shall
have no adverse impact on site circulation;
b.
the required parking for 380 Cochrane Road and 851 Lawrence
Road will be provided at 851 Lawrence Road; and,
c.
sufficient manoeuvring space is available for waste collection and
THE CITY OF HAMILTON
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loading vehicles entirely on private property;
to the satisfaction of the Manager, Transportation Planning and Director
of Planning and Chief Planner.
b)
The Owners of 380 Cochrane Road and 851 Lawrence Road enter into a
parking agreement with the City to be registered against the title of both
the lot upon which parking is to be provided (851 Lawrence Road) and
the lot containing the use requiring the parking (380 Cochrane Road), to
the satisfaction of the Director of Planning and Chief Planner.
c)
The Owner submitting a Watermain Hydraulic Analysis, to the satisfaction
of the Director of Hamilton Water.
d)
The Owner submitting a technical memorandum prepared by a qualified
professional that provides justification for why dewatering is not required,
and in the event that dewatering is required, the owner shall provide a
written record of a Monitoring and Contingency Plan that outlines a
protocol for action, to the satisfaction of the Director of Hamilton Water.
e)
The Owner making satisfactory arrangements with the City's Growth
Management Division and entering into an External Works Agreement
with the City for the design and construction of any required
improvements to the municipal infrastructure at the Owner's cost, should
it be determined that upgrades are required to the municipal
infrastructure to support the proposed development, all to the satisfaction
of the Director of Growth Management and Chief Development Engineer.
f)
The Owner submitting a revised Tree Protection Plan addressing the
protection of private trees, to the satisfaction of the Director of Planning
and Chief Planner. The resubmission is also to include the applicable
Tree Protection Plan review fee payable to the City of Hamilton.
g)
The Owner submitting a Wind Study, to the satisfaction of the Director of
Planning and Chief Planner.
(By-law No. 23-202, October 25, 2023)
164. Notwithstanding Section 10.6 of this By-law and Special Exception 326, within
THE CITY OF HAMILTON
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lands zoned District Commercial (C6, 326, H164), generally located south of
Dundas Street, between Highway 6 and Leavitt Boulevard, and identified on
Map No. 612 on Schedule "A" - Zoning Maps:
i. No development shall be permitted until such time as the owner
submits a transportation study that demonstrates that after the addition
of the vehicles attributable to the proposed development, a satisfactory
level of vehicular service will be achieved within the road network, or if
not, development must be phased and/or off-site improvements must
occur, to the satisfaction of the City, to achieve a satisfactory level of
vehicular service within the road network.
ii. No development shall be permitted until such a time as the owner
submits a Functional Servicing Report to the satisfaction of the City that
demonstrates that the land can be appropriately serviced with water,
wastewater and stormwater infrastructure and identifies whether
phasing or off-site improvements are required.
iii. Should the existing riparian wetland features be proposed to be
removed as part of development, the Owner shall submit a detailed
design of measures intended to replicate the hydrologic functions of the
existing riparian wetland features, consistent with the recommendations
of the iConnect Residential Environmental Impact Study prepared by
Stantec dated March 17, 2023, to the satisfaction of the City. This
Holding Provision shall not prevent any development of the lands that
retains the existing riparian wetland features.
(By-law No. 23-250-OLT, August 04, 2023)
165. Notwithstanding Section 11.3 of this By-law, within lands zoned Transit Oriented
Corridor Multiple Residential (TOC3, 887) Zone on Map Nos. 1395 and 1446 on
Schedule "A" - Zoning Maps, and described as 164, 168 and 176 Rymal Road
East, Hamilton, no development or demolition shall be permitted until such time
as:
i)
That the properties municipally known as 164, 168 and 176 Rymal Road
East be merged in title, to the satisfaction of the Director of Development
Planning;
THE CITY OF HAMILTON
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ii)
The Owner submitting and receiving approval of a revised Functional
Servicing Report demonstrating that the increased wastewater generated
from the proposed development will not adversely impact the hydraulic
performance of the City's sanitary sewer system by completing a sanitary
sewer analysis from the proposed junction to the existing manhole at the
intersection of Upper Wellington Street and Byng Street to demonstrate
that there is residual capacity in the system to support the proposed
development, to the satisfaction of the Director of Development
Engineering;
iii)
The Owner submitting and receiving approval of a revised Functional
Servicing Report providing additional storm water management details to
demonstrate the feasibility of accommodating the required storm water
storage within the site, to the satisfaction of the Director of Development
Engineering;
iv)
The Owner submitting and receiving approval of a revised Tree Protection
Plan (and applicable review fee) to evaluate the retention of additional
trees, to the satisfaction of the Director of Heritage and Urban Design;
(By-law No. 24-023, February 14, 2023)
166. Notwithstanding Section 15.1 of this By-law, within lands zoned Low Density
Residential (R1, 888) Zone on Map No. 1284 on Schedule "A"- Zoning Maps, and
described as 237 Springbrook Avenue, Ancaster, no development shall be
permitted unit such time as:
(i)
The Owner submitting the letter from the Ministry of Citizenship and
Multiculturalism with respect to acknowledgement of Provincial interest
with respect to the Archaeological Assessment, to the satisfaction of the
Director of Heritage and Urban Design;
(ii)
The Owner submitting and receiving approval of a Tree Protection Plan
(and applicable review fee) to evaluate the retention of additional trees on
the subject lands, to the satisfaction of the Director of Heritage and Urban
Design;
(iii)
The Owner making payment, at the applicable rate, for municipal street
trees in the public right of way, to the satisfaction of the Director of
Environmental Services, Public Works Department;
THE CITY OF HAMILTON
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(iv)
The Owner making payment for any outstanding cost recoveries to lift the
existing 0.3 metre reserves, to the satisfaction of the Director of
Development Engineering;
(v)
The Owner completing a two-flow fire hydrant test on existing hydrants on
Springbrook Avenue and Chambers Drive and completing any necessary
upgrades on the system to support the development, to the satisfaction of
the Director of Development Engineering; and,
(vi)
The Owner making payment for any outstanding Municipal Act Sewer and
Watermain charges, to the satisfaction of the Director of Development
Engineering.
(By-law No. 24-037, March 27, 2024)
167. Deleted.
(By-law No. 24-092-OLT, March 7, 2024)
(By-law No. 25-019-PED, February 3, 2025)
168. Deleted.
(By-law No. 24-094-OLT, March 7, 2024)
(By-law No. 25-020-PED, February 3, 2025)
169. Notwithstanding Section 11.4 of this By-law, within lands zoned Transit Oriented
Corridor Mixed Use High Density (TOC4, 892) Zone, on Map No. 1142 of
Schedule "A" - Zoning Maps and described as 651 Queenston Road, no
development shall be permitted until such time as:
a)
The owner completes a Record of Site Condition to the satisfaction of the
Director of Development Planning, including a notice of acknowledgement
of the Record of Site Condition by the Ministry of the Environment,
Conservation and Parks, and submission of the City of Hamilton's current
Record of Site Condition administration fee.
b)
The owner submits to the Director of Development Engineering for review
and acceptance, a revised Functional Servicing Report to demonstrate:
THE CITY OF HAMILTON
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i)
That there is a suitable sanitary sewer outlet with sufficient capacity
available, including but not limited to improvements to the existing
sanitary sewer/trunk sewer systems along Nash Road North from
Queenston Road to Red Hill Valley Ramp in accordance with
Centennial Neighbourhood Water Distribution and Wastewater
Collection Servicing Study, to service the proposed development.
ii)
That the owner acknowledges and agrees that, as part of the future
Site Plan Control application, the owner will enter into and register
an External Works Agreement with the City on the title of the lands
for the design and construction of any required sanitary sewer
improvements to the municipal infrastructures identified in the
Centennial Neighbourhood Water Distribution and Wastewater
Collection Servicing Study, in accordance with the City's Financial
Policy to support this development.
c)
That the owner/developer acknowledges and agrees that development
within the subject site cannot proceed until the City completes the
Centennial Neighbourhood Water Distribution and Wastewater Collection
Servicing Study and the required sanitary sewer improvements to the
municipal infrastructure are in place and operational, all to the satisfaction
of the Director of Development Engineering.
(By-law 24-099-OLT, May 27, 2024)
170.
Notwithstanding Section 10.5.1 of this By-law, within lands zoned Mixed Use
Medium Density (C5, 893) Zone, identified on Map No. 1247 of Schedule A -
Zoning Maps and described as 118 King Street West, Stoney Creek, no
development shall be permitted until such time as:
a) That the Owner submit to the Director of Development Engineering
for review and approval, a revised Functional Servicing Report to
demonstrate:
I.
That there is a suitable sanitary sewer outlet with sufficient
capacity available, including but not limited to improvements to
the existing sanitary sewer I trunk sewer systems from the subject
property along King Street West and Nash Road northerly to the
Red Hill Valley Ramp in accordance with the Centennial
THE CITY OF HAMILTON
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II.
Neighbourhood Water Distribution and Wastewater Collection
Servicing Study, to service the proposed development.
That as part of the future Site Plan Control application, the owner
will enter into and register an External Works Agreement with the
City on the title of the lands for the design and construction of any
required sanitary sewer improvements to the municipal
infrastructures identified in the Centennial Neighbourhood Water
Distribution and Wastewater Collection Servicing Study, in
accordance with the City's Financial Policy to support this
development;
b) That no development within the subject site can proceed until the City
completes the Centennial Neighbourhood Water Distribution and
Wastewater Collection Servicing Study and the required sanitary
sewer improvements to the municipal infrastructure are in place and
operational, to the satisfaction of the Director of Development
Engineering;
c) That the Owner submit and receive approval of a Hydrogeological
Brief conducted by a qualified professional that discusses the
soil/groundwater conditions to properly characterize the potential
dewatering needs, to the satisfaction of the Director of Hamilton
Water;
d) That the existing centre median island along Centennial Parkway
South to restrict driveway access to right-in/right-out vehicular
movements only be completed as per the Traffic Impact Brief by
Paradigm dated November 3, 2022, to the satisfaction of the
Manager of Transportation Planning. All costs associated with these
works, including but not limited to the detailed design drawings and
construction shall be finalized through a future External Works
Agreement;
e) That the Owner submit and receive approval of a revised Tree
Protection Plan addressing the protection of trees, including
submission of written confirmation from the abutting owner of 5 and
7 Orlanda Road for permission to remove tree 235 as identified on
THE CITY OF HAMILTON
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the Vegetation Management Plan prepared by lBl Group dated
December 9, 2022, to the satisfaction of the Director of Heritage and
Urban Design; and,
f)
That the necessary legal agreements and easements be created and
registered on title of the lands municipally known as 102, 110 and
118 King Street West, for the proposed shared access and parking
areas to the satisfaction of the Director of Transportation Planning
and Parking and the Director of Development Planning.
(By-law No. 24-118, June 26, 2024)
171. Notwithstanding Section 10.5 of this By-law, within land zoned Mixed Use Medium
Density (C5, 894) Zone, identified on Map No. 1453 of Schedule "A" - Zoning Maps
and described as 196, 198, 200 and 202 Upper Mount Albion Road, no development
shall be permitted until such time as:
a)
That the owner upgrades the sanitary sewer from MH SA1 5A107 to
SO20A007 along Cornerstone Drive, MH SA20A007 to HOI8A031 along
Cedarville Drive, and MH HO 18A031 to HO18A005 along Old Mud
Street/Kingsview Drive, in accordance with the Functional Servicing Report
prepared by Walter Fedy dated January 19, 2024, at the Owner's expense,
and to the satisfaction of the Director of Growth Management and Chief
Development Engineer.
b)
That the owner makes satisfactory arrangements with the City's Growth
Management Division to enter into and register on title of the lands, an
External Works Agreement with the City for the design and construction of the
sanitary sewer improvements to the existing municipal infrastructure at the
Owner's cost, to the satisfaction of the Director of Growth Management and
Chief Development Engineer.
(By-law No. 24-154, August 16, 2024)
172. Notwithstanding Section 10.5 of this By-law, within lands zoned Mixed Use Medium
Density (C5) Zone, on Map Nos. 1245 and 1298 of Schedule "A" - Zoning Maps and
described as 399 Greenhill Avenue, Hamilton, no development shall be permitted
until such time as:
THE CITY OF HAMILTON
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a)
The owner submits and receives approval of a Tree Protection Plan
(and applicable review fee), to the satisfaction of the Director of
Heritage and Urban Design.
b)
The owner submits a signed Record of Site Condition to the
satisfaction of the Director of Development Planning or enters into a
conditional building permit agreement with respect to completing a
Record of Site Condition. The Record of Site Condition must include a
notice of acknowledgment of the Record of Site Condition by the
Ministry of Environment, Conservation and Parks, and submission of
the City of Hamilton's current Record of Site Condition administration
fee.
c)
The owner submits and receives approval of an updated Pedestrian
Wind Study, to the satisfaction of the Director of Heritage and Urban
Design.
d)
The owner submits and receives approval of an updated
Environmental Noise Study, to the satisfaction of the Director of
Development Planning.
e)
The Owner submits to the City's Director of Development Engineering
for review and acceptance, a revised Functional Servicing Report
which demonstrates:
i)
That through a sanitary sewer capacity analysis, there is a
suitable sanitary sewer outlet with sufficient capacity available,
including but not limited to improvements to the existing
sanitary sewer on Harrisford Street to support the proposed
increase in wastewater capacity in accordance with the City's
standards.
ii)
The owner enters into and registers an External Works
Agreement with the City on the title of the lands for the design
and construction of any required sanitary sewer improvements
to the municipal infrastructures identified in accordance with the
recommendations of the sanitary sewer capacity analysis.
iii)
That the owner submits updated Watermain Hydraulic Analysis
(WHA) identifying the modelled system pressures at pressure
THE CITY OF HAMILTON
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district levels under various boundary conditions and demand
scenarios, to demonstrate that the municipal system can
provide for required flows to support the proposed
development.
f)
The owner submits and receives approval of an updated
Transportation Impact Study, prepared by a qualified Professional
Traffic Engineer, to the satisfaction of the Director of Transportation
Planning and Parking.
(By-law 25-081-OLT, April 15, 2025)
174. Notwithstanding Section 11.4 of this By-law, within lands zoned Transit Oriented
Corridor Mixed Use High Density (TOC4, 899, H174) Zone, on Map No. 1094 of
Schedule "A" -- Zoning Maps and described as 2481 Barton Street East, no
development shall be permitted until such time as:
a)
That the owner submit and receive approval of a revised Tree
Protection Plan (and applicable review fee) to evaluate the retention
of additional trees on the subject lands, to the satisfaction of the
Director of Heritage and Urban Design;
b)
That the owner submit and receive completion of a signed Record
of Site Condition being submitted to the satisfaction of the Director
of Development Planning or enters into a conditional building
permit agreement with respect to completing a Record of Site
Condition. The Record of Site Condition must include a notice of
acknowledgement of the Record of Site Condition by the Ministry
of the Environment, Conservation and Parks, and submission of
the City of Hamilton's current Record of Site Condition
administration fee;
c)
The Owner submit and receive approval of a revised Functional
Servicing Report to demonstrate that there is a suitable sanitary
sewer outlet with sufficient capacity available, including but not
limited to, improvements to the existing sanitary sewer along
Barton Street from the subject site to the Battlefield Trunk sewer,
to service the proposed development, to the satisfaction of the
Director of Development Engineering;
THE CITY OF HAMILTON
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d)
That the Owner enter into and register an External Works
Agreement with the City on the title of the lands for the design and
construction of any required sanitary sewer improvements to the
municipal infrastructures in accordance with City's Financial Policy
to support this development, to the satisfaction of the Director of
Development Engineering;
e)
That no development within the subject site can proceed until the
City completes the design and construction of the Battlefield Trunk
Sewer twinning, unless it is confirmed that there is capacity
available in the existing Battlefield Sanitary Trunk to accommodate
the proposed development, to the satisfaction of the Director of
Development Engineering;
f)
That the owner submit and receive approval of an updated
Pedestrian Wind Study, to the satisfaction of the Director of
Heritage and Design;
g)
That the owner enter into and register an External Works
Agreement on title with the City's Growth Management Division for
the design and construction of an extension of the existing raised
median island, to the satisfaction of the Director of Transportation
Planning and Parking;
(By-law No. 24-107, June 26, 2024)
175.
Notwithstanding Section 10.5 of this By-law, within land zoned Mixed Use Medium
Density (C5, 895) Zone, identified on Map No. 1593 of Schedule "A" - Zoning
Maps and described as 1866 Rymal Road East, Glanbrook, no development shall
be permitted until such time as:
a)
That the owner submit and receive approval of an updated
Transportation Impact Study, prepared by a qualified Professional
Traffic Engineer, to the satisfaction of the Director of
Transportation Planning and Parking;
b)
That the owner submit and receive approval of a Neighbourhood
Traffic Calming Options Report, to the satisfaction of the Director
of Transportation Planning and Parking; and,
THE CITY OF HAMILTON
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May 13, 2021
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c)
That the owner submit and receive approval of a Roadway
Development Safety Audit, to the satisfaction of the Director of
Transportation Planning and Parking.
(By-law No. 24-088, June 12, 2024)
176.
Notwithstanding Section 8.3 of this By-law, within the lands zoned Major
Institutional (I3, 179) Zone, identified on Map Nos. 412, 413 and 445 of Schedule
"A" - Zoning Maps and described as 329, 337 and part of 345 Parkside Drive, no
development shall be permitted until such time as:
a)
The Owner submits the following studies to the satisfaction of
the Director of Development Planning:
i)
Planning Justification Report;
ii)
Environmental Impact Study;
iii)
Archaeological Assessment; and,
iv)
Visual Impact Study.
b)
The Owner submits the following studies to the
satisfaction of the Director of Growth Management:
i)
Functional Servicing Report;
ii)
Traffic Impact Study;
iii)
Available Fire Flow;
iv)
Watermain Hydraulic Analysis; and,
v)
Stormwater Management Brief.
c)
The Owner submits a Water Resources Assessment to the
satisfaction of the Director of Hamilton Water.
d)
The Owner submits a Karst/Geotechnical Study to the
THE CITY OF HAMILTON
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satisfaction of the Director of Development Planning and the
Director of Growth Management.
(By-law No. 24-137, July 12, 2024)
177. Notwithstanding Section 10.6 of this By-law, within land zoned District
Commercial (C6, 904) Zone, identified on Map No. 1251 of Schedule "A" -
Zoning Maps and described as 365 Highway No. 8, Stoney Creek, no
development shall be permitted until such time as:
a.
That the owner submit and receive approval of a revised Functional
Servicing Report, prepared by a qualified Professional Engineer, to the
satisfaction of the Director, Growth Management & Chief Development
Engineer.
b.
That the owner submit and receive approval of a revised Transportation
Impact Study, prepared by a qualified Professional Traffic Engineer, to the
satisfaction of the Director of Transportation Planning and Parking.
c.
That the owner submit and receive approval of a revised Tree Protection
Plan addressing the protection of trees, including the applicable review fee
and submission of written confirmation from the abutting owner of 357
Highway No. 8 for permission to remove trees 3, 4, 6, and 10 as identified
on the Tree Management Plan prepared by Adesso Design Inc. dated April
2, 2024, to the satisfaction of the Director of Heritage and Urban Design.
(By-law No. 24-134, July 12, 2024)
180. Notwithstanding Section 2 of this By-law, within lands zoned Downtown Mixed
Use - Pedestrian Focus (D2, 909) Zone on Map Nos. 869 and 911 of Schedule
"A" - Zoning Maps, and described as 309 James Street North, no development
shall be permitted until the following conditions are satisfied:
(i)
A revised Cultural Heritage Impact Assessment has been submitted
demonstrating how the cultural heritage value has been
incorporated and maintained to the satisfaction of the Director of
Planning and Chief Planner;
(ii)
That conditional site plan approval be received, to the satisfaction
of the Director of Planning, Chief Planner;
THE CITY OF HAMILTON
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(iii)
The owner submit and receive approval of a revised Functional
Servicing Report and Stormwater Management Brief that
demonstrates the feasibility of on site quantify control measures
within the subject lands, to the satisfaction of the Director of
Development Engineering;
(iv)
The owner submit and receive approval of updates hydrant flow
tests that demonstrates the required domestic and fire floes are
available within the appropriate pressure range and that
surrounding areas are not adversely impacted, to the satisfaction of
the Director of Development Engineering. If the above cannot be
demonstrated, a Watermain Hydraulic Analysis Report will be
required to be submitted and approved at the pressure district level;
and,
(v)
The owner enter into and register an External Works Agreement
with the City on title of the lands for the design and construction of
any required improvements to the municipal infrastructure in
accordance with the City's Financial Policy to support this
development, to the satisfaction of the Director of Development
Engineering.
(By-law No. 24-149, August 16, 2024)
182. Notwithstanding Section 11.1 of this By-law, within lands zoned Transit Oriented
Corridor Mixed Use Medium Density (TOC1, 912) Zone, identified on Map No.
1394 of Schedule "A" - Zoning Maps and described as 1600 Upper James
Street, Hamilton, no development shall be permitted until such time as:
a)
That the Owner enter into an register an External Works Agreement
with the City on the title of the lands for the design and construction
of any public realm improvements to the adjacent municipal right-
of-way at the Owner's cost, to the satisfaction of the Director of
Planning and Chief Planner;
b)
That the Owner enter into an register a lease agreement with the
City to provide three dwelling units, including one one-bedroom unit,
one two-bedroom unit, and one three-bedroom unit, in compliance
with the definition of "affordable" in the Urban Hamilton Official Plan,
for a period of 15 years from the date of first occupancy of the
THE CITY OF HAMILTON
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development, to the satisfaction of the Director of Planning and
Chief Planner;
c)
That the Owner submit and receive approval of an updated Wind
Study completed by a licensed professional Engineer, in the
Province of Ontario, to the satisfaction of the Director of Planning
and Chief Planner;
d)
That the owner submit and receive approval of a revised Functional
Servicing Report to demonstrate that there is a adequate capacity
in the existing municipal infrastructure system in accordance with
City standards to accommodate the proposed stormwater and
wastewater flows to support this development, to the satisfaction of
the Director of Development Engineering;
e)
That the owner submit and receive approval of a Watermain
Hydraulic Analysis Report to demonstrate that the required
domestic and fire flows are available within the appropriate
pressure range and that the surrounding areas are not adversely
impacted, to the satisfaction of the Director of Development
Engineering; and,
f)
That the Owner make satisfactory arrangements with the
City's Growth Management Division and enter into an register on
the title of the lands, and External Works Agreement with the City
of the design and construction of any required improvements to the
municipal infrastructure at the Owner's cost, should it be
determined that the upgrades are required to the municipal
infrastructure to support this development according to the
Functional Servicing Report and Watermain Hydraulic Analysis
Report, to the satisfaction of the Director of Development
Engineering.
(By-law No. 24-164, September 25, 2024)
183. Notwithstanding Section 11.3 of this By-law, within lands zoned Transit Oriented
Corridor Multiple Residential (TOC3, 913, H183) Zone on Map No 1447 on
Schedule "A" - Zoning Maps, and described as 544 and 550 Rymal Road East,
Hamilton, no development shall be permitted until such time as:
THE CITY OF HAMILTON
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i)
The sanitary service outlet is available and has sufficient capacity to
accommodate the development on Rymal Road to the satisfaction of the
Director, Growth Management and Chief Development Engineer. Should
the development not proceed prior to the Capital Works identified for Rymal
Road East along the subject lands, the Owner will pay their fair share of
any costs assessed for the installation of such sanitary outlet, including any
other infrastructure related costs, in accordance with the City's Financial
Policy and applicable By-laws;
ii)
The Owner submitting and receiving approval of a revised Sun/Shadow
Study demonstrating that the shadowing cast by the proposal meets the
Sun/Shadow Study Guidelines, to the satisfaction of the Director of Heritage
and Urban Design;
iii)
The Owner submitting and receiving approval of a Quantitative Wind Tunnel
Study demonstrating that the windy study meets the Wind Study Guidelines,
to the satisfaction of the Director of Heritage and Urban Design;
iv)
The Owner submitting and receiving approval of a revised Landscape Plan
to demonstrate the appropriate native plant species have been selected and
that adequate soil volumes are provided for the tree plantings, to the
satisfaction of the Director of Heritage and Urban Design; and,
v)
The Owner completing and obtaining a permit under the Endangered
Species Act, 2007 from the Ministry of Environment, Conservation, and
Parks (MECP) with regards to the removal of Little Brown Myotis and
Eastern Small-footed Bat habitat. Written correspondence from MECP (i.e.,
e-mail, letter) with regards to the outcome of the Overall Benefit Permit
(including implementation measures) is to be provided by the
owner/developer to the satisfaction of the Director of Planning and Chief
Planner.
(By-law No. 24-183-OLT, August 15, 2024)
184. Notwithstanding Section 11.3 of this By-law, within lands zoned Transit Oriented
Corridor Multiple Residential (TOC3, 914, H184) Zone and on Map No. 1447 on
Schedule "A" - Zoning Maps, and described as 544 and 550 Rymal Road East,
Hamilton, no development shall be permitted until such time as:
THE CITY OF HAMILTON
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i)
Arrowhead Drive is constructed;
ii)
The sanitary service outlet is available on Arrowhead Drive and has
sufficient capacity to accommodate the development including provisions
for roadway construction and servicing from the existing terminus of
Arrowhead Drive east of the subject lands through the Hydro lands, to the
satisfaction of the Director, Growth Management and Chief Development
Engineer;
iii)
The Owner submitting and receiving approval for an updated FSR to
demonstrate the servicing and stormwater management strategy for
Blocks 1 and 2, to the satisfaction of the Director, Growth Management and
Chief Development Engineer;
iv)
The Owner submitting and receiving approval of a revised Tree Protection
Plan (and applicable review fee) to evaluate the retention of additional
trees, to the satisfaction of the Director of Heritage and Urban Design;
v)
The Owner submitting and receiving approval of a revised Landscape Plan
to demonstrate the appropriate native species have been selected and that
adequate soil volumes are provided for the tree plantings, to the
satisfaction of the Director of Heritage and Urban Design; and,
vi)
The Owner completes and obtains a permit under the Endangered Species
Act, 2007 from the Ministry of Environment, Conservation, and Parks
(MECP) with regards to the removal of Little Brown Myotis and Eastern
Small-footed Bat habitat. Written correspondence from MECP (i.e., e-mail,
letter) with regards to the outcome of the Overall Benefit Permit (including
implementation measures) is to be provided by the owner/developer to the
satisfaction of the Director of Planning and Chief Planner.
(By-law No. 24-183-OLT, August 15, 2024)
185. Notwithstanding Section 15.1 of this By-law, within lands zoned Low Density
Residential (R1, H185) Zone on Map No. 1447 on Schedule "A" - Zoning Maps,
and described as 544 and 550 Rymal Road East, Hamilton, no development shall
be permitted until such time as:
i)
Arrowhead Drive and Onyx Court are constructed;
THE CITY OF HAMILTON
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ii)
An adequate sanitary service outlet is available on Onyx Court that has
sufficient capacity to accommodate the development including provisions
(design and security) for roadway construction and servicing from the
existing terminus of Onyx Court west of subject lands to the proposed Onyx
Court cul-de-sac on the subject lands, or an approved alternative to the
satisfaction of the Director, Growth Management and Chief Development
Engineer;
iii)
The Owner submitting and receiving approval for an updated FSR to
demonstrate the servicing and stormwater management strategy for
Blocks 1 and 2, to the satisfaction of the Director, Growth Management and
Chief Development Engineer;
iv)
The Owner submitting and receiving approval of a revised Tree Protection
Plan (and applicable review fee) to evaluate the retention of additional
trees, to the satisfaction of the Director of Heritage and Urban Design;
v)
The Owner submitting and receiving approval of a revised Landscape Plan
to demonstrate the appropriate native plant species have been selected
and that adequate soil volumes are provided for the tree plantings, to the
satisfaction of the Director of Heritage and Urban Design; and,
vi)
The Owner completing and obtaining a permit under the Endangered
Species Act, 2007 from the Ministry of Environment, Conservation, and
Parks (MECP) with regards to the removal of Little Brown Myotis and
Eastern Small-footed Bat habitat. Written correspondence from MECP
(i.e., e-mail, letter) with regards to the outcome of the Overall Benefit Permit
(including implementation measures) is to be provided by the
owner/developer to the satisfaction of the Director of Planning and Chief
Planner.
(By-law No. 24-183-OLT, August 15, 2024)
186. Notwithstanding Section 11.1 of this By-law, within lands zoned Transit Oriented
Corridor Mixed Use Medium Density (TOC1, 915) Zone, on Map Nos. 1043 and
1089 of Schedule "A" - Zoning Maps, and described as 1284 Main Street East,
Hamilton, no development shall be permitted until such time as:
a)
The owner submits and receives approval of an updated Pedestrian
Wind Study, to the satisfaction of the Director of Heritage and Urban
THE CITY OF HAMILTON
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Design.
b)
The owner submits and receives approval of an updated Sun Shadow
Study, to the satisfaction of the Director of Heritage and Urban Design.
c)
The owner submits and receives approval of an updated Visual Impact
Study, to the satisfaction of the Director of Heritage and Urban Design.
d)
The owner submits and receives approval of a Watermain Hydraulic
Analysis that demonstrates that the required domestic and fire flows are
available within the appropriate pressure ranges and that the impact of
this development on the surrounding pressure district is not adverse, to
the satisfaction of the director of Hamilton Water.
e)
That the owner receives a Heritage Permit, to the satisfaction of the
Director of Heritage and Urban Design.
(By-law No. 24-194-OLT, November 5, 2024)
188. Notwithstanding Section 15.1 of this By-law, within lands zoned Low Density
Residential (R1, H188) Zone on Maps No. 1397 and 1398 on Schedule "A" -
Zoning Maps, and municipally described as 760 Stone Church Road East, no
development shall be permitted until such time as:
a)
Land consolidation with the adjacent lands to the east, known municipally
as 738 Stone Church Road East, has occurred to ensure comprehensive
development, to the satisfaction of the Director of Development Planning.
(By-law No. 24-227, December 11, 2024)
191.
Within the lands Zoned Downtown Mixed Use - Pedestrian Focus (D2, 923, H191),
identified on Maps No 909 of Schedule A - Zoning Maps and described as 200
Market Street, 55 Queen Street North and 125 Napier Street no development shall
be permitted until such time as:
a)
The Owner submits and receives approval of an updated Pedestrian Wind
Study, to the satisfaction of the Director of Heritage and Urban Design.
b)
That prior to lifting the holding the Owner submits and receives approval of a
revised Functional Servicing Report (FSR) to demonstrate that there is
THE CITY OF HAMILTON
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May 13, 2021
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adequate capacity in the existing municipal infrastructure system in
accordance with City standards to accommodate the proposed stormwater
and wastewater flows to support this development to the satisfaction of
City's Director of Development Engineering.
c)
That prior to lifting the holding the Owner submits and receives approval of a
Watermain Hydraulic Analysis Report (WHAR) to demonstrate that the
required domestic and fire flows are available within the appropriate
pressure range and that the surrounding areas are not adversely impacted
to the satisfaction of City's Director of Development Engineering.
d)
The at the Owner/Applicant work with the City's Growth Management
Division to make satisfactory arrangements by entering into and registering
on title of the lands, an External Works Agreement with the City for the
design and construction of any required improvements to the municipal
infrastructure at the Owner's cost, should it be determined that upgrades are
required to the infrastructure to support this development, according to the
Functional Servicing Report and Watermain Hydraulic Analysis Report to the
satisfaction of the City's Director of Development Engineering.
(By-law No. 24-241-OLT, December 19, 2024)
192.
Notwithstanding Section 7.6 of this By-law, within lands zoned
Conservation/Hazard Land Rural (P6, 924) Zone, identified on Map No. 152 of
Schedule "A" - Zoning Maps and described as 475 Powerline Road, Stoney Creek,
no development shall be permitted until such time as:
a)
The owner submits and receives approval of an updated Hydrogeological
Study to the satisfaction of the Director of Growth Management and Chief
Development Engineer.
b)
That the Owner receives approval of an easement for access purposes from
Hydro One Network Inc. prior to the proposed residential land use being
established on the subject lands, to the satisfaction of the Director of
Development Planning.
(By-law No. 25-032, March 05, 2025)
193.
Notwithstanding Section 11.1 of this By-law, within lands zoned Transit Oriented
Corridor Mixed Use Medium Density (TOG1, 926) Zone, identified on Map Nos.
THE CITY OF HAMILTON
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May 13, 2021
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1186 and 1240 of Schedule "A" - Zoning Maps and described as 499 Mohawk
Road East, Hamilton, no development shall be permitted until such time as:
a)
That the Owner enter into and register an agreement with the City to provide
17 dwelling units, in compliance with the definition of "affordable" in the
Urban Hamilton Official Plan, to the satisfaction of the Director of
Development Planning.
b)
That the Owner submit and receive approval of an updated Pedestrian Wind
Assessment completed by a licensed professional Engineer, in the Province
of Ontario, to the satisfaction of the Director of Heritage and Urban Design.
c)
That the Owner submit and receive approval of an updated Watermain
Hydraulic Analysis Report to identify the modelled system pressures,
servicing options and fire flow at pressure districts No. 5 and No. 6 under
various boundary conditions and demand scenarios, including but not
limited to, improvement to the existing watermains on Mohawk Road East
(pressure district No. 6) and Upper Sherman Avenue (pressure district No.
5), to service the proposed development, to the satisfaction of the Director
of Development Engineering.
d)
That the Owner make satisfactory arrangements with the City's Growth
Management Division and enter into and register on title of the lands, an
External Works Agreement with the City for the design and construction of
any required improvements to the municipal infrastructure at the Owner's
cost, should it be determined that the upgrades are required to the municipal
infrastructure to support this development according to the Functional
Servicing Report and Watermain Hydraulic Analysis Report, to the
satisfaction of the Director of Development Engineering.
e)
That the Owner submit and receive approval of an updated Transportation
Assessment demonstrating that the adjacent road network has sufficient
capacity to accommodate the proposed development, including any
transportation system improvements required to support the development,
which will be installed entirely at the Owner's cost, to the satisfaction of the
Manager of Transportation Planning.
f)
That the Owner submit and receive approval of an updated Sun/Shadow
Study, to the satisfaction of the Director of Heritage and Urban Design.
THE CITY OF HAMILTON
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g)
That the Owner submit and receive approval of an updated Noise Impact
Study, to the satisfaction of the Director of Development Planning.
(By-law No. 25-058-OLT, March 21, 2025)
195.
Notwithstanding Section 10.5 of this By-law, within the lands zoned Mixed Use
Medium Density (C5, 929, H195) Zone, identified on Map No. 954 of Schedule "A"
- Zoning Maps and described as 87 to 109 Ashley Street, no development shall be
permitted until such time as:
a)
That the owner submit and receive approval of a revised Functional
Servicing Report to demonstrate sufficient fire flow is available to meet the
development demands and that there is sufficient capacity to accommodate
the proposed intensification, to the satisfaction of the Director of Growth
Management and Chief Development Engineer; and,
b)
A signed Record of Site Condition (RSC) has been submitted to the Ministry
of the Environment (MOE), including an acknowledgement of receipt of the
Record of Site Condition by the Ministry of the Environment;
c)
That the owner shall investigate the noise levels on the site and determine
and implement the noise control measures that are satisfactory to the City of
Hamilton in meeting the Ministry of Environment, Conservation and Parks
(MECP) recommended sound level limits. An acoustical report prepared by
a qualified Professional Engineer containing the recommended control
measures shall be submitted to the satisfaction of the City of Hamilton,
Director of Planning and Chief Planner. Should a peer review of the
acoustical report be warranted, all associated costs shall be borne by the
owner / applicant and shall be submitted to the satisfaction of the City of
Hamilton, Director of Planning and Chief Planner; and,
d)
That the owner enter into and register on title a maintenance agreement with
the City of Hamilton in order to allow the proposed development to use the
existing (assumed) alleyway for the proposed two way driveway for the
proposed development to the Satisfaction of the Manager of Transportation
Planning.
(By-law No. 25-063, April 16, 2025)
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-100
200. Notwithstanding Section 11.1 of the By-law, within lands zoned Transit Oriented
Corridor Mixed Use Medium Density (TOC1,939) Zone, identified on Map No.
1393 of Schedule "A" - Zoning Maps, no development shall be permitted until
such time as:
a)
The Owner submits and receives approval for a revised Functional
Servicing Report (FSR) detailing the stormwater management design and
sanitary sewer design, including downstream sewer analysis. The sanitary
sewer analysis and monitoring requirements shall be in accordance with a
scope of work agreed upon by both parties, demonstrating that the existing
municipal infrastructure has adequate capacity, as per City standards and
by-laws, to support the proposed development, all to the satisfaction of the
Director of Development Engineering.
b)
That the Owner makes satisfactory arrangements with the City's Growth
Management Division and enter into and register on title of the lands, an
external works agreement with the City for the design and construction of
any required improvements to the municipal infrastructure at the owner's
cost, should it be determined that upgrades are required to the
infrastructure to support this development, according to the FSR and
WHAR accepted by the City's Director of Development Engineering.
c)
Submit to the City's Director of Development Engineering the necessary
approvals from the Ministry of Environment, Conservation and Parks
(MECP) for the proposed stormwater management works, including
discharging the flow to the existing inline pond on the subject land, in
accordance with the Ontario Water Resources Act, R.S.O. 1990, c. O.40,
and Ontario Regulation 525/98. Alternatively, provide a confirmation letter
from MECP stating that they do not have objection to the proposed storm
sewer from this site connecting to the existing outlet on the adjacent lands
under the same ownership, subject to any City requirements to allow such
use between owners, such as a Joint Use Agreement or similar instrument,
and necessary easements/consent severance, to meet the City's current
sewer drain by-law requirements.
(By-law No. 25-120-OLT, May 7, 2025)
201. Notwithstanding Section 10.5 of this By-law, within the lands zoned Mixed Use
Medium Density (C5, 943) Zone, identified on Map No. 902 of Schedule "A" -
Zoning Maps and described as 56 Hatt Street, Dundas, no development shall be
THE CITY OF HAMILTON
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May 13, 2021
D-101
permitted until such time as any site assessment and remediation requirements
have been fulfilled to the satisfaction of the Director of Development Planning,
City of Hamilton.
(By-law No. 25-155, August 06, 2025)
202. Notwithstanding Section 15.1 of this By-law, on those lands zoned Low Density
Residential (R1, 935) Zone, identified on Map No. 1310 of Schedule "A" - Zoning
Maps and described as 255 Lewis Road, Stoney Creek, no development shall be
permitted until such time as:
a)
That the owner submits and receives approval of an updated Functional
Servicing Report (FSR), to the satisfaction of the Director of Growth
Management and Chief Development Engineer, demonstrating:
i)
That the subject lands can be serviced in accordance with the Block
3 Servicing Strategy; and,
ii)
That there is a suitable storm and sanitary sewer outlet with
sufficient capacity available, including but not limited to
improvements to the existing sanitary sewer systems along Lewis
Road, to service the proposed development.
b)
That the owner submits and receives approval of an updated Watermain
Hydraulic Analysis Report (WHAR), identifying the modelled system
pressures at pressure district levels under various boundary conditions
and demand scenarios, to demonstrate that the existing 150 mm
watermain on Lewis Road can provide for required pressure and flows to
support the proposed development in accordance with the Block 3
Servicing Strategy and City of Hamilton Standards. If required, the owner
shall install the required watermain upgrades and the storm sewer on
Lewis Road and ensure they are fully operational, to the satisfaction of
the Director of Growth Management and Chief Development Engineer.
c)
That the owner submits and receives approval of a Noise Study prior to
the proposed residential land use being established on the subject lands,
to the satisfaction of the Director of Planning and Chief Planner.
THE CITY OF HAMILTON
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d)
That the owner submits and receives approval of a revised Tree
Protection Plan, to the satisfaction of the Director of Planning and Chief
Planner.
e)
That the owner submits and receives approval of an Air Drainage
Assessment prior to the proposed residential land use being established
on the subject lands, to the satisfaction of the Director of Planning and
Chief Planner.
f)
That the owner submits and receives approval of a Butternut Health
Assessment from the Ministry of Natural Resources prior to the proposed
residential land use being established on the subject lands, to the
satisfaction of the Director of Planning and Chief Planner.
g)
That the owner submits and receives approval of a Consent to Sever
application and receives final approval for grading and servicing by
executing a Consent/External Works Agreement, to the satisfaction of the
Director of Growth Management and Chief Development Engineer and
Director of Planning and Chief Planner."
203. Notwithstanding Section 15.1 of this By-law, on those lands zoned Low Density
Residential (R1) Zone, identified on Map No. 1310 of Schedule "A" - Zoning
Maps and described as 255 Lewis Road, Stoney Creek, no development shall
be permitted until such time as:
a)
That the owner submits and receives approval of an updated Functional
Servicing Report (FSR), to the satisfaction of the Director of Growth
Management and Chief Development Engineer, to demonstrating:
i)
That the subject lands can be serviced in accordance with the
Block 3 Servicing Strategy; and,
ii)
That there is a suitable storm and sanitary sewer outlet with
sufficient capacity available, including but not limited to
improvements to the existing sanitary sewer systems along Lewis
Road, to service the proposed development.
b)
That the owner submits and receives approval of it an updated
Watermain Hydraulic Analysis Report (WHAR), identifying the modelled
THE CITY OF HAMILTON
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May 13, 2021
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system pressures at pressure district levels under various boundary
conditions and demand scenarios, to demonstrate that the existing 150
mm watermain on Lewis Road can provide for required pressure and
flows to support the proposed development in accordance with the Block
3 Servicing Strategy and City of Hamilton Standards. If required, the
owner shall install the required watermain upgrades and the storm sewer
on Lewis Road and ensure they are fully operational, to the satisfaction of
the Director of Growth Management and Chief Development Engineer.
c)
That the owner submits and receives approval of a Noise Study prior to
the proposed residential land use being established on the subject lands,
to the satisfaction of the Director of Planning and Chief Planner.
d)
That the owner submits and receives approval of a revised Tree
Protection Plan, to the satisfaction of the Director of Planning and Chief
Planner.
e)
That the owner submits and receives approval of an Air Drainage
Assessment prior to the proposed residential land use being established
on the subject lands, to the satisfaction of the Director of Planning and
Chief Planner.
f)
That the owner submits and receives approval of a Butternut Health
Assessment from the Ministry of Natural Resources prior to the proposed
residential land use being established on the subject lands, to the
satisfaction of the Director of Planning and Chief Planner.
g)
That the owner submits and receives approval of a Draft Plan of
Subdivision application for the subject lands, and that land assembly and
development of the lands adjacent to the west has been approved to
ensure comprehensive and orderly development and all lots/blocks have
frontage on a public road, to the satisfaction of the Director of Growth
Management and Chief Development Engineer and Director of Planning
and Chief Planner."
(By-law No. 25-214, November 19, 2025)
204. Notwithstanding Section 8.3.1 of this By-law, on those lands zoned Major
Institutional (I3, 938) Zone, identified on Map Nos. 1046 and 1092 of Schedule A
- Zoning Maps and described as 785 Britannia Avenue and 384 and 390 Melvin
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-104
Avenue, Hamilton, development shall be restricted in accordance with the
following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the Open
Space (P4) Zone.
b)
Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the Open Space (P4) Zone.
c)
Conditions for Holding Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following condition has been
satisfied:
i)
The owner receives approval of, and clears the related conditions
of a Site Plan Control Application that demonstrates how
stormwater quantity and quality controls, including surface-based
low impact development per the Green Standards and Guidelines
for Site Servicing (Stormwater), will be handled independently on
each proposed block, including a separate storm connection into
the existing storm relief sewers on Melvin Avenue and Britannia
Avenue, or, if this is not feasible, the owner obtaining an
exemption from the City to allow a Joint Use Agreement for the
shared stormwater management facility to support this
development, to the satisfaction of the Director of Development
Engineering and the Director of Hamilton Water.
(By-law No. 25-151, August 6, 2025)
205. Notwithstanding Section 10.5.1 of this By-law, on those lands zoned Mixed Use
Medium Density (C5, 944) Zone, identified on Map No. 1394 of Schedule A
- Zoning Maps and described as 25 and 35 Rymal Road West, Hamilton,
development shall be restricted in accordance with the following:
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
D-105
a)
Uses
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the Mixed
Use Medium Density (C5, 318) Zone.
h)
Regulations
For such time as the Holding Provision in in place, these lands shall be
subject to the regulations of the Mixed Use Medium Density (C5, 318)
Zone.
i)
Conditions for Holding Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following condition(s) have been
satisfied:
i)
An updated Pedestrian Wind Study has been submitted and
approved to the satisfaction of the Director of Planning and Chief
Planner.
(By-law No. 25-182, October 08, 2025)
206. Notwithstanding Section 15.6.1 of this By-law, within lands zoned Mid Rise
Residential - Large Scale (R4a) Zone, identified on Map No. 1397 and 1448 of
Schedule A - Zoning Maps and described as 1518 and 1530 Upper Sherman
Avenue, Hamilton, no development shall be permitted until such time as:
a)
The owner shall Register a Plan of Subdivision to facilitate a public road
extension of Cartier Crescent;
b)
The owner provides a Letter of Credit in the amount of $15,000 for a
Traffic Calming Monitoring program, and a Letter of Credit in the amount
of $40,000 for any future Traffic Calming measures resulting from the
monitoring program;
c)
The owner submit and receive approval of a landscape plan within the
6 metre planting strip along the northerly rear yard, substantially in
THE CITY OF HAMILTON
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accordance with the landscape plan attached as Schedule D to the
Minutes of Settlement entered into with respect to the subject lands
dated November 27, 2019.
(By-law No. 25-189, October 08, 2025)
207. For the lands zoned Mid Rise Residential - Large Scale (R4a, 945, H207) Zone
on Map No. 1339 of Schedule "A" - Zoning Maps and described as 1117 Garner
Road East, Ancaster, no development shall be permitted until such time as:
The 'H' Holding prefix shall be lifted from the "R4a, 945, H207" Zone once the
following condition has been completed:
i.
A suitable sanitary sewer outlet is extended to the subject lands to provide
sanitary drainage to the site, to the satisfaction of the Manager of
Engineering Approvals, Growth Management; and,
ii.
The applicant builds or secures their proportionate share of the extension
of a storm sewer for the full frontage of the property to a suitable outlet, to
the satisfaction of the Manager of Engineering Approvals, Growth
Management.
(By-law No. 25-189, October 08, 2025)
208. Notwithstanding Subsection 8.2 of this By-law, on those lands zoned Community
Institutional (I2, 457) Zone, identified on Map No. 1334 of Schedule A - Zoning
Maps and described as 299 Fiddler's Green Road, development shall be
restricted in accordance with the following:
a) That the owner submit a revised Functional Servicing Report (FSR) to
demonstrate that there is adequate capacity in the existing municipal
infrastructure system in accordance with City standards to accommodate the
proposed stormwater and wastewater flows to support this development, to
the satisfaction of the Director of Development Engineering.
b) That the Owner makes satisfactory arrangements with the City's Growth
Management Division and enter into and register on title of the lands, an
External Works Agreement with the City for the design and construction of
any required improvements to the municipal infrastructure at the Owner's
cost, should it be determined that upgrades are required to the infrastructure
THE CITY OF HAMILTON
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to support this development, according to the Functional Servicing Report
accepted by the City's Director of Development Engineering.
(By-law No. 26-026-OLT, September 15, 2025)
209. Notwithstanding Sections 7.5 and 9.11 of this By-law, on those lands zoned
Conservation/Hazard Land (P5) Zone and Airport Prestige Business (M11) Zone,
identified on Map Nos. 1670, 1671, 1710, 1711 of Schedule "A" - Zoning Maps
and described as 2876 Upper James Street, Hamilton, no development shall be
permitted until such time as:
i)
That the owner submit and receive approval of a Stage 3 Archaeological
Assessment for sites AhGx-851 and AhGx-852, as recommended in Stage
1-2 archaeological assessment P321-0195-2020, to the satisfaction of the
Director of Planning and Chief Planner and the Ministry of Citizenship and
Multiculturalism;
ii)
That the owner submit and receive approval of a Stage 4 Archaeological
Assessment for sites AhGx-851 and AhGx-852, if recommended by the
Stage 3 archaeological assessments for the subject sites or the Ministry of
Citizenship and Multiculturalism, to the satisfaction of the Director of
Planning and Chief Planner and the Ministry of Citizenship and
Multiculturalism;
iii)
That the owner commit to Stage 4 archaeological mitigation for the Euro-
Canadian portion of the Terryberry Sawmill site (AgGx-1071), as identified
in the Stage 3 Archaeological Assessment P1037-0092-2021, to the
satisfaction and of the Director of Planning and Chief Planner and the
Ministry of Citizenship and Multiculturalism; and,
iv)
That the owner submit letters from the Ministry of Citizenship and
Multiculturalism indicating their satisfaction that the fieldwork and reporting
for any necessary archaeological assessments are consistent with the
Ministry's 2011 Standards and Guidelines for Consultant Archaeologists
and the terms and conditions for archaeological licenses and that the
Archaeological Assessments have been entered into the Ontario Public
Register of Archaeological Assessments, to the satisfaction of the Director
of Planning and Chief Planner and the Ministry of Citizenship and
Multiculturalism.
THE CITY OF HAMILTON
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(By-law No. 26-023-OLT, November 14, 2025)
210. Notwithstanding Section 10.5.3 of this By-law, on those lands zoned Mixed Use
Medium Density (C5, 952) Zone, identified on Map No. 947 of Schedule A -
Zoning Maps and described as 1570 Main Street West, Hamilton, development
shall be restricted in accordance with the following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the Mixed
Use Medium Density (C5, 570) Zone.
b)
Regulations
For such time as the Holding Provision in in place, these lands shall be
subject to the regulations of the Mixed Use Medium Density (C5, 570)
Zone.
c)
Conditions for Holding Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following conditions have been
satisfied:
i)
That the owner submit and receive approval of a revised
Functional Servicing Report to identify all required site servicing
requirements and upgrades to municipal infrastructure, if required,
to the satisfaction of the Director of Development Engineering;
ii)
That the owner submit and receive approval of a revised
Watermain Hydraulic Analysis Report to demonstrate that there is
sufficient water supply available to meet the fire flow requirements
for the proposed development, to the satisfaction of the Director of
Development Engineering;
iii)
That the owner submit and receive approval of a revised
Stormwater Management Report demonstrating that the total 100-
year post-development flows shall be controlled to the allowable
discharge rate based on 2-year pre-development flows calculated
from the City's GIS polygons and on the ultimate site area, to the
satisfaction of the Director of Development Engineering;
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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iv)
That the owner enter into and register on title an External Works
Agreement with the City for the design and construction of any
required improvements to municipal infrastructure determined in
the approved Functional Servicing Report, Watermain Hydraulic
Analysis Report, or Stormwater Management Report at the
owner's cost, to the satisfaction of the Director of Development
Engineering and Director of Growth Management;
v)
That the owner submit and receive approval of a revised Cultural
Heritage Impact Assessment prior to the demolition of any
structures on the property, to the satisfaction of the Director of
Heritage and Urban Design;
vi)
That the owner submit and receive approval of a Documentation
and Salvage Report prior to the demolition of any structures on the
property and in accordance with the Cultural Heritage Impact
Assessment, to the satisfaction of the Director of Heritage and
Urban Design;
vii)
That the owner submit and receive approval of a Conservation and
Commemoration Plan prior to the demolition of any structures on
the property and in accordance with the approved Cultural
Heritage Impact Assessment, to the satisfaction of the Director of
Heritage and Urban Design;
viii)
That the owner submit and receive approval of a revised
Transportation Assessment prepared in accordance with an
approved terms of reference, to the satisfaction of the Director of
Transportation Planning and Parking;
ix)
That the owner submit and receive approval of a revised Tree
Protection Plan, to the satisfaction of the Director of Heritage and
Urban Design;
x)
That the owner submit and receive approval of a revised
Pedestrian Level Wind Study to demonstrate that wind conditions
are acceptable for each use, to the satisfaction of the Director of
Heritage and Urban Design; and,
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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(By-law No. 25-231, December 10, 2025)
211. Notwithstanding Section 10.5a.1 of this By-law, on those lands zoned Mixed
Use Medium Density - Pedestrian Focus (C5a, 317, 570) Zone, identified on
Map Nos. 1934 and 1935 of Schedule A - Zoning Maps and described as a
portion of 2654 Binbrook Road, Glanbrook, no development shall be permitted
until such time as:
i)
That the owner submits and receives approval of a Consent to Sever
application for the lands zoned Mixed Use Medium Density - Pedestrian
Focus (C5a, 317, 570, H211) Zone, and merges the severed lands with
the adjacent lands located at 2660-2668 Binbrook Road, to the
satisfaction of the Director of Development Planning.
(By-law No. 26-051, March 04, 2026)
212. Notwithstanding Section 10.5.3 of this By-law, on those lands zoned Mixed Use
Medium Density (C5, 952) Zone, identified on Map No. 947 of Schedule A -
Zoning Maps and described as 1570 Main Street West, Hamilton, development
shall be restricted in accordance with the following:
a)
For such time as the Holding Provision is in place, these lands shall only
be used for permitted uses, buildings and structures listed in the Mixed
Use Medium Density (C5, 570) Zone.
b)
Regulations
For such time as the Holding Provision in in place, these lands shall be
subject to the regulations of the Mixed Use Medium Density (C5, 570)
Zone.
c)
Conditions for Holding Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the
lands subject to this provision when the following conditions have been
satisfied:
i)
That the owner shall provide confirmation that a submission for
THE CITY OF HAMILTON
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May 13, 2021
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funding in support of below-market housing from the Canada
Mortgage and Housing Corporation has been made, to the
satisfaction of the Director of Planning and Chief Planner.
(By-law No. 25-231, December 10, 2025)
213. Notwithstanding Section 10.5 of this By-law, on those lands zoned Mixed Use
Medium Density (C5, 957) Zone, identified on Map Nos. 1000 and 1044 of
Schedule A - Zoning Maps and described as 70 Hope Avenue, Hamilton, no
development shall be permitted until such time as:
a) The Owner submits for review and acceptance, a revised Functional
Servicing Report (FSR) to demonstrate that there is a stormwater
management tank located within the private lands and a suitable storm sewer
and sanitary sewer outlet with sufficient capacity within the existing City's
alleyway extending to Hope Street to service the proposed development, to
the satisfaction of the Director of Development Engineering;
b) The Owner makes satisfactory arrangements to enter into and register on
title of the lands an External Works Agreement with the City for the design
and construction of the storm sewer and the sanitary sewer within the
existing City alleyway, at the Owner's cost, to the satisfaction of the Director
of Development Engineering; and,
c) The Owner completes a Record of Site Condition, including a notice of
acknowledgement of the Record of Site Condition by the Ministry of the
Environment, Conservation and Parks, and submission of the City of
Hamilton's current Record of Site Condition administration fee, to the
satisfaction of the Director of Development Planning.
(By-law No. 26-013, January 21, 2026)
214. Notwithstanding Section 8.3 of this By-law, on those lands zoned Major
Institutional (I3, 963) Zone on Map No. 1308 of Schedule "A" - Zoning Maps and
described as 861 Highway No. 8, Stoney Creek, no development shall be
permitted until such time as:
a) That the owner make satisfactory arrangements with the City's Growth
Management Division and enter into and register on title of the lands, an
External Works Agreement with the City for the design and construction of
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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the identified sanitary sewer extension along Highway No.8 from the existing
sanitary maintenance hole at the intersection of Highway No. 8 and Glover
Road to the western limit of the site in accordance with the Fruitland Winona
Block 2 Servicing Strategy Alternative Local Sanitary Sewer Highway 8 at the
Owner's expense, and in general accordance with the Functional Servicing
and Stormwater Management Report prepared by S. Llewellyn & Associates
Limited for 861 Highway No. 8 dated November 2025, to the satisfaction of
the Director of Development Engineering.
(By-law No. 26-069, April 01, 2026)
215. Notwithstanding anything to the contrary of this By-law, within lands zoned
Prestige Business Park (M3, 404,H215) and Mixed Use Medium Density (C5,
964, H215) Zone, identified on Map No. 1260, 1312. 1313 of Schedule A -
Zoning Maps and described as 1400 South Service Road, no development shall
be permitted until such time as:
a) That the Owner submit, a revised Functional Servicing Report (FSR) to
demonstrate that there is a suitable sanitary sewer outlet with sufficient
capacity available, including but not limited to, installation of a new sanitary
sewer along South Service Road from the wester property limit to east
property limit of the subject site to service the proposed development in
accordance with the Development Charges Background Study and
Comprehensive Development Guidelines and financial policies, to the
satisfaction of the Director of Development Engineer.
b) That the Owner submits an updated Watermain Hydraulic Analysis Report
(WHAR), identifying the modelled system pressures at pressure district
levels under various boundary conditions and demand scenarios, to
demonstrate that the municipal system can provide for required flows to
support the proposed development, to the satisfaction of the Director of
Development Engineer.
c) Make satisfactory arrangements with the City's Growth Management
Division and enter into and register on title of the lands, an External Works
Agreement with the City of Hamilton for the design and construction of any
required improvements to the municipal infrastructure required to facilitate
the proposed development, should it be determined that upgrades or
extensions are required to the infrastructure to support the development, in
accordance with the FSR, WHAR and City's Financial Policy, accepted by
THE CITY OF HAMILTON
SCHEDULE "D": HOLDING PROVISIONS ZONING BY-LAW
May 13, 2021
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the City's Director of Development Engineering.
d) That the Owner submit and receive approval of an updated Transportation
Assessment demonstrating that the adjacent road network has sufficient
capacity to accommodate the proposed development and outlines any
transportation system improvements required to support the development,
which will be installed entirely at the Owner's cost, to the satisfaction of the
Manager of Transportation Planning.
(By-law No. 26-025-OLT, July 22, 2025)
219. Notwithstanding Section 10.2.1 of this By-law, on those lands zoned
Neighbourhood Commercial (C2, 968) Zone, identified on Map No. 912 of
Schedule A - Zoning Maps and described as 273, 277, and 279 East Avenue
North, Hamilton, development shall be restricted in accordance with the
following:
a) For such time as the Holding Provision is in place, these lands shall only be
used for permitted uses, buildings and structures listed in the
Neighbourhood Commercial (C2) Zone.
b) Regulations
For such time as the Holding Provision is in place, these lands shall be
subject to the regulations of the Neighbourhood Commercial (C2) Zone.
c) Conditions for Holding Removal
The Holding Provision shall, upon application by the landowner, be
removed by way of an amending Zoning By-law, from all or part of the lands
subject to this provision when the following conditions have been satisfied:
i.
That the owner submit and receive approval of an updated Functional
Servicing Report containing sanitary design calculations/hydraulic
analysis to demonstrate that the flows generated from the proposed
development will not adversely impact the hydraulic performance of the
municipal combined sewer system, to the satisfaction of Director of
Hamilton Water and Senior Director of Growth Management Division.
THE CITY OF HAMILTON
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ii.
That the owner submit a Noise Impact Study signed by a Professional
Engineer, to the satisfaction of the Director of Planning and Chief
Planner; and,
iii. That the owner enter into and register on title an Environmental
Easement for operational noise and vibration emissions in favour of CN,
to the satisfaction of the Director of Planning and Chief Planner.
(NOT FINAL AND BINDING, By-law No. 26-120, July 15, 2026)