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CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-1
May 12, 2021
9.12 EXTRACTIVE INDUSTRIAL (M12) ZONE
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within an Extractive Industrial (M12) Zone for any purpose other
than one or more of the following uses, or uses accessory thereto. Such erection
or use shall also comply with the prescribed regulations:
9.12.1
PERMITTED USES
Agriculture
Community Garden (By-law No. 21-189,
October 13, 2021)
Conservation
Mineral Aggregate Operation
Recreation, Passive
Secondary Uses to Agriculture
9.12.2
PROHIBITED USES
A snow storage facility that is greater than
0.01 ha in size below the water table.
9.12.3
REGULATIONS
9.12.3.1
AGRICULTURE
REGULATIONS
a) Minimum Lot Area
40.4 hectares
b) Minimum Front Yard
15.0 metres
c) Minimum Side Yard
15.0 metres
d) Minimum Rear Yard
15.0 metres
e) Maximum Lot Coverage
i)
20%;
ii)
Notwithstanding
i)
above,
the
maximum
lot
coverage
for
greenhouse operations shall be
70%.
f) Outdoor Storage
i)
Shall not be permitted in any Front
Yard or Flankage Yard;
ii)
Shall be located a minimum of 20.0
metres from any lot line, and
screened by a visual barrier in
accordance with Section 4.19 of this
By-law;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-2
May 12, 2021
iii)
Sections i) and ii) above do not
apply to the storage or parking of
Agricultural vehicles or equipment.
g) Accessory Buildings
In accordance with the requirements of
Sections 4.8 of this By-law.
(By-law No. 21-070, May 12, 2021)
h) Parking
In accordance with the requirements of
Section 5 of this By-law.
i)
Small Scale Retailing of
Agricultural Products
i)
The maximum gross floor area of all
buildings and structures devoted to
retailing of agricultural products
grown primarily as part of the farm
operation, exclusive of a Farm
Produce/Product Stand, shall be
200.0 square metres;
ii)
Shall not be permitted within a
Dwelling
or
a
Farm
Labour
Residence;
iii)
In addition to Section 9.12.3.1 i) i),
the maximum gross floor area of a
Farm Produce/Product Stand shall
be 18.5 square metres;
iv)
Notwithstanding Sections 9.12.3.1
b), c) and d) and Section 4.8.2 a), a
Farm Produce/Product Stand shall
be permitted in any yard.
j) Farm Labour Residence
A Farm Labour Residence, accessory to
Agriculture,
may
be
permitted
in
accordance with the following:
1. Shall have a maximum building
height of 10.5 metres.
2. All Farm Labour Residences shall
have an aggregate maximum lot
coverage of 420 square metres.
3. Individual Farm Labour Residence
units shall have a maximum gross
floor area of 200 square metres.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-3
May 12, 2021
4. All Farm Labour Residences shall
be separated from the principal
Farm Dwelling by a minimum of 30
metres.
5. All Farm Labour Residences shall
be a separated by a minimum of 10
metres.
6. In addition to Section 5 of this By-
law, a minimum of 1 parking space
per Farm Labour Residence shall
be required in the absence of a
principal farm dwelling on the same
lot.
(By-law No. 24-039, March 27, 2024)
k) Mushroom Operations
i)
Notwithstanding Sections 9.12.3.1
b), c), and d) above, any buildings
or structures used for a Mushroom
Operation
shall
be
setback
a
minimum of 30.0 metres from any
lot line;
ii)
No stockpiles of waste, manure,
fertilizers or compost shall be
permitted within 30.0 metres of any
lot line.
l) Nursery
i)
Retailing of horticultural products
and bulk
product
shall
be
in
accordance with Section 9.12.3.1 i);
ii)
The outdoor storage of unenclosed
piles of bulk material shall not
exceed an aggregate area of 100.0
square metres.
m) Cannabis Growing and
Harvesting Facility
i)
The maximum gross floor area for
all new buildings and structures
devoted to a Cannabis Growing and
Harvesting Facility shall not exceed
2,000.0 square metres;
ii)
Notwithstanding Section 9.12.3.1
m) i) above, existing buildings may
be used for a Cannabis Growing
and Harvesting Facility;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-4
May 12, 2021
iii)
The
testing,
packaging,
and
shipping shall be accessory to the
cannabis growing and harvesting
facility;
iv)
Notwithstanding Section 4.12 c),
any building, structure used for a
cannabis growing and harvesting
facility shall be setback a minimum
of 150 metres from:
1.
Any portion of a lot line
abutting
a
Settlement
Residential (S1), Settlement
Commercial (S2) or Settlement
Institutional (S3) Zone; or,
2.
Any residential dwelling unit
existing at the date of the
passing of the by-law, any
building used for farm labour
residence,
mobile
home,
educational
establishment,
residential care facility, place
of worship, day care or park;
v)
Notwithstanding Sections 9.12.3.1
b), c) and d) above, all buildings or
structures associated with the use
shall be setback a minimum of 30.0
metres from any lot line;
vi)
Notwithstanding Sections 9.12.3.1 f)
i), ii) and iii) above, outdoor storage
shall not be permitted;
vii)
Retail sales shall be permitted in
accordance with Section 9.12.3.1 i).
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
(By-law No. 21-189, October 13, 2021)
9.12.3.2
SECONDARY USES TO
AGRICULTURE -
ADDITIONAL
REGULATIONS
In addition to Section 9.12.3 above, the
following
additional
regulations
shall
apply to Secondary Uses to Agriculture:
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-5
May 12, 2021
a) Uses Permitted as
Secondary to Agriculture
Agricultural Processing Establishment -
Secondary
Agricultural Research Operation
Agritourism
Home Industry
Kennel
Agricultural Brewery/Cidery/Winery
Landscape Contracting Establishment -
Secondary
b)
c)
d)
Minimum Lot Area
Limitations on Use
Agricultural Processing
Establishment -
Secondary
i)
Notwithstanding Sections 9.12.3.1
a) and 4.12 d), Secondary Uses to
Agriculture shall have a minimum
lot area of 5.0 hectares.
Notwithstanding Section 9.12.3.2
a), only one Home Industry or one
Landscape
Contracting
Establishment - Secondary shall be
permitted per lot.
The maximum gross floor area for
all buildings and structures devoted
to
an
Agricultural
Processing
Establishment - Secondary shall not
exceed 500.0 square metres;
ii)
Notwithstanding Sections 9.12.3.1
b), c), and d), all buildings or
structures
associated
with
the
Agricultural
Processing
Establishment - Secondary shall be
setback a minimum of 30.0 metres
from any lot line;
iii)
Outdoor storage of goods, materials
or equipment shall be permitted in
accordance with Section 9.12.3.1 f),
and shall not exceed an aggregate
area of 100.0 square metres.
e) Agritourism
The maximum gross floor area of all
buildings or structures devoted to the
Agritourism use shall not exceed 500.0
square metres.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-6
May 12, 2021
f) Home Industry
i)
All buildings or structures used as
part of the Home Industry shall be
setback a minimum of 15.0 metres
from any lot line, and shall occupy
no more than 250.0 square metres
of gross floor area;
ii)
Shall be operated by a resident of
the property, with no more than 3
non-resident employees;
iii)
Outdoor storage of goods, materials
or equipment shall be permitted in
accordance with Section 9.12.3.1 f),
and shall not exceed an aggregate
area of 100.0 square metres;
iv)
Notwithstanding Section 5.3 b), a
maximum of three Motor Vehicles
associated with the Home Industry
or
Landscape
Contracting
Establishment
may
be
parked
unenclosed.
Additional
Motor
Vehicles associated with the use,
including all Motor Vehicles -
Commercial, must be parked in an
enclosed building. This regulation
does not apply to the storage or
parking of Agricultural vehicles and
equipment.
g) Kennel
i)
The maximum gross floor area for
all buildings and structures devoted
to a Kennel use shall be 500.0
square metres;
ii)
Notwithstanding Sections 9.12.3.1
b), c), and d), all buildings or
structures associated with a Kennel
shall be setback a minimum of 60.0
metres from any lot line;
iii)
No domestic animals shall be
permitted to be kept in any open
area within 60.0 metres of any lot
line.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-7
May 12, 2021
h) Agricultural
Brewery/Cidery/Winery
i)
Notwithstanding Sections 9.12.3.1
a), 9.12.3.2 b), and 4.12 d), an
Agricultural Brewery/Cidery/Winery
shall only be permitted on a lot with
a minimum area of 4.0 hectares, of
which a minimum of 2.0 hectares
shall be used for the growing
production of grapes, fruits, hops or
other produce directly associated
with on-site beer, cider or wine
production;
ii)
The
maximum
building
area
devoted
to
an
Agricultural
Brewery/Cidery/ Winery use shall
be 500.0 square metres of gross
floor
area
exclusive
of
the
basement or cellar, of which a
maximum of 25% of the gross floor
area may be used for Retail and/or
hospitality/tasting purposes.
i) Landscape
Contracting
Establishment
-
Secondary
i)
Notwithstanding Section 9.12.3.2
a),
a
Landscape
Contracting
Establishment - Secondary shall
only
be
permitted
as
a
use
Secondary to a Nursery;
ii)
In addition to Section 9.12.3.2 b),
1. On lots with a lot area of 7.0
hectares or greater, a minimum
of 65 percent of the lot area
zoned Agriculture (A1), Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) shall be used for the
growing of plants, shrubs, trees
or similar vegetation as part of
the Nursery operation, and may
include the growing of other
Agricultural products.
In no
case shall the portion of the lot
zoned Agriculture (A1), Rural
(A2)
and/or
Conservation/Hazard Land -
Rural (P6) which is used for the
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-8
May 12, 2021
growing of plants, shrubs, trees
or similar vegetation as part of
the Nursery operation be less
than 3.0 hectares in area.
2. On lots with a lot area less than
7.0 hectares, a minimum of 50
percent of the lot area zoned
Agriculture (A1), Rural (A2)
and/or
Conservation/Hazard
Land - Rural (P6) shall be used
for
the
growing
of
plants,
shrubs,
trees
or
similar
vegetation
as
part
of
the
Nursery operation. In no case
shall the portion of the lot zoned
Agriculture (A1), Rural (A2)
and/or
Conservation/Hazard
Land - Rural (P6) which is used
for
the
growing
of
plants,
shrubs,
trees
or
similar
vegetation
as
part
of
the
Nursery operation be less than
3.0 hectares in area.
iii)
All buildings or structures used as
part of the Landscape Contracting
Establishment - Secondary shall be
setback a minimum of 15.0 metres
from any lot line, and the total gross
floor
area
of
all
buildings
or
structures used as part of the
Landscape
Contracting
Establishment - Secondary shall
not exceed 250.0 square metres;
iv)
Notwithstanding Section 9.12.3.1 f),
outdoor storage of goods, materials
or equipment shall not exceed an
aggregate area of 100.0 square
metres, and shall be setback a
minimum of 30 metres from any lot
line and screened by a visual
barrier in accordance with Section
4.19 of this By-law;
v)
In addition to Section 5.3 b) a
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-9
May 12, 2021
maximum of three Motor Vehicles
associated
with
the
Landscape
Contracting
Establishment
-
Secondary
may
be
parked
unenclosed.
Additional
Motor
Vehicles associated with the use,
including all Motor Vehicles -
Commercial, must be parked in an
enclosed building. This regulation
does not apply to the storage or
parking of Agricultural vehicles or
equipment or parking of employee
Motor Vehicles.
vi)
Notwithstanding
v)
above
all
unenclosed
parking
areas
associated
with
the
Landscape
Contracting
Establishment
-
Secondary use shall be screened
by a visual barrier in accordance
with Section 4.19 of this by-law.
(By-law No. 15-173, July 10, 2015, As amended
by OMB Decision PL151130 dated March 13,
2017)
9.12.3.4 MINERAL AGGREGATE
OPERATION
REGULATIONS
a) Minimum Setback for
i)
30.0 metres from any portion of a
Excavation
property
lot
line
abutting
a
Settlement Residential (S1) Zone;
ii)
30.0 metres from any portion of a
property lot line abutting a property
which contains a residential use;
iii)
30.0 metres from a street line;
iv)
15.0 metres from all other property
lot lines, but shall not be required
adjacent to lands zoned Extractive
Industrial (M12) Zone.
b) Minimum Setback for
buildings or structures,
including processing
plants
i)
90.0 metres from any portion of a
property
lot
line
abutting
a
Settlement Residential (S1) Zone;
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-10
May 12, 2021
ii)
90.0 metres from any portion of a
property lot line abutting a property
which contains a residential use;
iii)
30.0 metres from all other property
lot lines, but shall not be required
adjacent to lands zoned Extractive
Industrial (M12) Zone.
c) Restriction on Location of
Stockpiles of Aggregate,
Topsoil, or Overburden
i)
Shall not be located within 90.0
metres of a lot line abutting a
Settlement Residential (S1) Zone or
containing a residential use;
ii)
Shall not be located within 30.0
metres of all other lot lines, except
where adjacent to lands zoned
Extractive Industrial (M12) Zone.
d) Landscape and Fencing
Requirements
i)
A minimum 1.2 metre high fence
shall be provided and maintained
around the licensed boundary of a
Mineral Aggregate Operation, but
shall not be required adjacent to
lands zoned Extractive Industrial
(M12) Zone;
ii)
A Planting Strip having a minimum
width of 6.0 metres shall be
provided and maintained adjacent
to a street line and to any lot line
abutting a Settlement Residential
S1)
Zone
or
containing
a
residential use, and may include a
berm or fence.
e) Accessory Buildings
In accordance with the requirements of
Section 4.8 of this By-law.
(By-law No. 21-070, May 12, 2021)
f) Parking
In accordance with the requirements of
Section 5 of this By-law.
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
9.12.3.5 COMMUNITY GARDEN
In accordance with the requirements of
Section 4.27 of this By-law.
(By-law No. 21-189, October 13, 2021)
CITY OF HAMILTON
ZONING BY-LAW
SECTION 9: INDUSTRIAL ZONES
9.12-11
May 12, 2021