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Zoning By-law 2001-58
68
Section 6 - Permanent Agriculture (PA)
6.1
Preamble
Within a Permanent Agricultural Zone (PA), no person shall use any land, erect,
alter, enlarge, use or maintain any building or structure for any use other than a
permitted use in this section and also such use, building or structure shall be in
accordance with the regulations contained or referred to in this section.
6.2
Permitted Uses
6.2.1
Permitted Principal Uses
a) A kennel;
b) A principal single detached dwelling;
c) Agricultural and farm uses, including a livestock facility and intensive
agricultural uses;
d) Conservation uses including forestry, reforestation and other activities
connected with the conservation of soil or wildlife;
e) Medium Scale or Large Scale Fire Wood Processing Operation;
f) Open space;
g) Outdoor recreational uses such as hiking and cross-country ski trails;
and/or;
h) Wayside pits and quarries;
i) Agriculture-related uses; and/or
j) On-farm diversified uses.
6.2.2 Permitted Accessory Uses
a) A bed and breakfast establishment;
b) A type "A" or a type "B" home occupation in accordance with the
provisions of Section 5.21;
c) A type "A" or a type "B" home industry in accordance with the provisions of
Section 5.20;
d) An accessory building to any of the above principal uses;
e) An agricultural produce sales outlet for the sale of raw produce grown on
this location;
f) Additional residential unit(s) subject to the provisions of Section 5.2;
and/or
i) Shipping containers where a building permit has been issued.
6.3
Zone Regulations
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6.3.1 For the Property
a) Lot Area: 18.2 hectares (45 acres) minimum;
b) Lot Frontage: 100 metres (328.1 feet) minimum;
c) Off-street parking shall be provided in accordance with Section 5.30; and
d) Livestock facilities shall be in accordance with Section 5.3.
6.3.2 For Principal Building
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 20 metres (65.6 feet) minimum;
c) Interior Side Setback: 10 metres (32.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum;
e) Gross Floor Area of Dwelling: 90 square metres (968.7 square feet)
minimum;
f) Building Height: 11 metres
g) No building or structure used for the housing, training or care of animals in
conjunction with a kennel as defined in this By-law, shall be located less
than 150 metres (492.1 feet) from a residential zone or an existing
residential use on a neighbouring lot.
6.3.3 For Accessory Building(s)
a) Front Setback: 20 metres (65.6 feet) minimum;
b) Rear Setback: 10 metres (32.8 feet) minimum;
c) Interior Setback: 10 metres (32.8 feet) minimum;
d) Exterior Side Setback: 20 metres (65.6 feet) minimum; and
e) Building Height: 45 metres (147.6 feet) maximum
6.4
General Provisions
All special provisions of Section 5 "General Provisions" shall apply, where
applicable, to any land, lot, building, structure or use within the Permanent
Agricultural (PA) Zone.
6.5
Special Permanent Agricultural Zones (PA)
All other provisions of the By-law shall apply except as specified by each
special zoning requirement.
6.5.1 Special Permanent Agricultural 1 (PA-1)
Part Lot 18, Concession 7
Part 1 on RP 39R-8187 s/e Part 1 on RP 39R-8310
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-1 the following special provisions shall apply:
a) Residential - All residential uses are prohibited;
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b) Non-Residential - use of the existing barns for the housing, raising,
fattening or otherwise, of any type of livestock, shall not be permitted.
6.5.2
Special Permanent Agricultural 2 (PA-2)
Part Lot 21, Concession 1
Part 11 on RP 39R-151
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-2 the following special provisions shall apply:
a) Non-Residential - an auction outlet shall be permitted in addition to all
other permitted Permanent Agriculture uses.
6.5.3
Special Permanent Agricultural 3 (PA-3)
The lands subject to this By-law amendment are described as follows:
Part Lots 1 and 2, Concession 4
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-3 the following special provisions shall apply:
a) Residential - All residential uses are prohibited.
6.5.4
Special Permanent Agricultural 4 (PA-4)
Part Lots 23 and 24, Concession 7
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-4 the following special provisions shall apply:
a) Residential - All residential uses are prohibited.
b) Non-Residential - use of the existing barns for the housing, raising,
fattening or otherwise, of any type of livestock, shall not be permitted.
6.5.5
Special Permanent Agricultural 5 (PA-5)
Part Lot 22, Concession 7
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-5 the following special provisions shall apply:
a) Residential - All residential uses are prohibited.
6.5.6
PA-6 unused
6.5.7
Special Permanent Agricultural 7 (PA-7) By-law 2004-08
Part Lot 26, Concession 2
Part 2 on RP 39R-8872
7820 Telephone Road
Notwithstanding the permitted uses and provisions of the Permanent Agriculture
Zone (PA), as previously amended, within the Permanent Agriculture Exception
Zone (PA-7) the following additional uses and provisions shall apply:
(1)
Uses Permitted:
a) Non-Residential Uses
i.
A truck terminal
ii.
An accessory business office.
For purposes of this By-lay the following definitions shall apply:
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Commercial Motor Vehicle - (as defined within the Highway Traffic Act) means a
motor vehicle having permanently attached thereto a truck or delivery body and
includes ambulances, hearses, casket wagons, fire apparatus, busses and
tractors used for hauling purposes on the highways.
(2)
Zone Provisions:
a) Commercial Motor Vehicle (maximum 10)
6.5.8 Special Permanent Agricultural 8 (PA-8) By-law 2002-49
Part Lot 29, Concession 7
Part 1 on RP 39R-3374
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-8 the following special provisions shall apply:
'Livestock Animal' shall mean a horse, foal, cow, calf or the combination
thereof.
'Riding Arena' - shall mean an enclosed area for the display and/or exercising of
horses and/or cattle residing on the property but not for stalls and overnight
occupancy, storage or other farm animals or uses.
Special Zone Provisions:
a) Lot area: Minimum 2.8 hectares (7 acres);
b) Lot coverage: Existing non-residential lot coverage 371.6 square metres
(4000 ft2) - maximum
c) Riding Arena Lot Coverage: 12,000 ft2; and
d) Nutrient Units Per Lot: Maximum 14.
6.5.8A Special Permanent Agricultural 8A (PA-8A)
Part Lot 25 and 26, Concession A
7875 County Road 2
a) Notwithstanding Section 5.26 of Zoning By-law 2001-58, the entire
property at 7875 County Road 2 (West 1/2 Lot 25 and East 1/2 Lot 26,
Concession A, Township of Hamilton) shall be deemed to have frontage
on County Road 2 and residential buildings associated with the farm use
of the subject property are permitted to locate on the subject property
south of the existing railway lines, subject to a setback of 22 metre from
the identified Lake Ontario Flood Line which has an elevation of 75.7
metre.
b) The building area for the farm residence, inclusive of lands associated with
the private services and amenity area for the residence shall be located
within an area of approximately 91m by 61m, located a minimum of 30.5
metre west of the easterly property line and a minimum of 22 metre north
of the identified Lake Ontario Flood line (elevation 75.7 metre).
c) All existing vegetation shall be retained to the extent possible with the
exception of the areas required for the access driveway, areas for the
residence and associated accessory buildings, amenity areas and private
service areas. Construction and maintenance of the access driveway and
railway crossings shall be to the satisfaction of the Township of Hamilton.
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d) The final approval for the residential dwelling shall be subject to Site Plan
Approval and a Site Plan Agreement.
The Schedules to Zoning By-law 2001-58 are hereby amended in accordance
with Schedule A and A1 attached hereto and as described as follows:
Rezoning the part of the lands south of the CNR right-of-way from Open Space
zone (OS) and Environmental Protection-Wetland zone (EP-W) to Special
Permanent Agricultural zone (PA-8A), except for those lands identified as
Wetlands-evaluated on the Natural Heritage Features Map prepared by the
Ontario Ministry of Natural resources dated 11/03/2008, which shall remain
zoned as Environmental Protection-Wetland zone (EP-W), as identified on the
attached Schedule 1 to this amendment and to permit the construction of a
single detached dwelling associated with the farm within the Special Permanent
Agricultural zone (PA-8A) within the area identified on the attached Schedule
A1.
6.5.9A Special Permanent Agricultural 9A (PA-9A) By-law 2006-50
Part of Lot 28, Concession 3
Lot area: Minimum 7.2 hectares (18 acres)
All other provision of the PA zone shall apply within the PA-9A zone.
6.5.9B Special Permanent Agricultural 9B (PA-9B) By-law 2012-02
Part of Lot 35, Concession 6, more particularly described as
Part 1 on RP 39R-3389 plus additional lands not further described
6.5.9B.1 Zone Regulations
For all principal buildings or uses of existing house:
a) Lot area (minimum) - 5.86 hectares (14.5 acres)
b) Lot frontage (minimum) - 83.55 metres (274.13 feet)
c) Interior side yard (minimum) - 7.88 metres (25.88 feet)
of existing house
6.5.10 A Special Permanent Agricultural 10A (PA-10A) By-law 2012-13
Part of Lot 9, Concession 8, more particularly described as
Part 1 on RP 39R-12602
6.5.10A.1 Zone Regulations
a) For all principal buildings or uses:
i) Lot area (minimum) - 2 hectares (4.9 acres)
ii) Lot frontage (minimum) - 65.963 metres (216.41 feet)
b) For accessory buildings not attached to the principal building:
i) Front setback of existing garage - 3.03 metres (9.9 feet).
6.5.10B Special Permanent Agricultural - 10B (PA-10B) By-law 2012-58
Notwithstanding any provisions of this by-law to the contrary, on lands zoned
PA-10B and shown on Schedule "A" attached, the following special provisions
shall apply:
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Area to be rezoned (maximum)
1.61 acres
Front yard (minimum)
365 metres
Rear yard (minimum)
300 metres
Side yard (minimum)
50 metres
Permitted uses:
All uses permitted within the Permanent Agriculture (PA) Zone plus the
following additional permitted use:
a) A firewood processing establishment.
For purposes of this By-law a firewood processing establishment is defined as
an establishment that processes timber, both on-site and off-site, by means of a
loader and cutter. The said activity will be limited to the area so zoned for
storage and processing of the firewood and timber. The majority of sales and
firewood product will be delivered to off-site locations, as opposed to pickup.
The firewood processing establishment will be subject to the Township of
Hamilton Site Plan Control By-law and a Site Plan Agreement shall be
registered on title accordingly.
All other provisions of By-law 2001-58 shall apply to lands zoned PA-10B.
6.5.11 Special Permanent Agricultural 11 (PA-11) By-law 2013-23
Part of the South Half of Lot 27, Concession 5, save and except Part 1 on RP
39R-3369 and Part 1 on RP 39R-12778
6.5.11.1 Zone Regulations
a) Front yard (minimum):
i) For the existing single detached dwelling - 14.32 metres (47 feet)
ii) For the existing 30'x90' detached barn - 6.09 metres (20 feet)
6.5.12 Special Permanent Agricultural 12 (PA-12) By-law 2014-10
Part Lot 27 and 28, Concession 3
Part of Part 1 and Parts 2 and 3 on RP 39R-11991
6.5.12.1 Zone Regulations
a) Permitted uses: The 2nd single detached dwelling is recognized until such
time as it is demolished or destroyed.
6.5.13 Special Permanent Agricultural 13 (PA-13) By-law 2014-07
Part Lot 34, Concession 2
Part 2 on RP 39R-12992
6.5.14 Permitted Uses
a) The following uses are prohibited in the Permanent Agricultural-13 (PA-
13) zone as per Section 2.3.4.1.c. of the Provincial Planning Statement,
2024.
i.
All principal residential uses;
ii.
All accessory residential uses.
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6.5.14 Special Permanent Agricultural -14 (PA-14) By-law 2014-54
Part Lot 26, Concession 7
Save and except Part 1 on RP 39R-13088
7772 Cavan Road
6.5.14.1 Permitted Uses
a) The following uses are prohibited in the Permanent Agricultural-14 (PA-
14) zone as per Section 2.3.4.1.c. of the Provincial Planning Statement,
2024.
i.
All principal residential uses;
ii.
All accessory residential uses;
iii.
Any animal housing or manure storage areas within the existing
farming buildings as of the date of the adoption of this by-law, in
accordance with the Minimum Distance Separation calculations.
6.5.15 Special Permanent Agricultural -15 (PA-15) By-law 2015-19
Part Lot 16, Concession 6,
Part 1 on RP 39R-13160
6.5.15.2 Zone Regulations
a) For all uses:
i.
Lot area minimum
2.96 ha (7.31 ac);
ii.
Lot frontage minimum
91.87 m (301.4 ft);
iii.
Front yard setback minimum
11.6 m (38.05 ft)
6.5.16 Special Permanent Agricultural -16 (PA-16) By-law 2016-39
Part of Lots 25 and 26 in Concession 2
Dale Road
a) The minimum lot frontage shall be 98.47 metres (323.06 feet) on Dale
Road.
b) The minimum front setback for the existing farm building shall be 18.01
metres (59.08 feet).
c) The use of the existing farm buildings shall be restricted from any farm
animal housing or manure storage areas as per the Minimum Distance
Separation requirements.
d) Any future farm animal housing or manure storage area shall be permitted
on the property subject to compliance with Minimum Distance Separation
II calculations for the new structure/use.
6.5.17 Special Permanent Agricultural -17 (PA-17) By-law 2017-04
Part of Lot 19 in Concession 7, Hamilton Township
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-17 (PA-17) zone as per
Section 2.3.4.1.c. of the Provincial Planning Statement, 2024.
a) All principal residential uses;
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b) All accessory residential uses
2. The minimum lot frontage shall be 98.47 metres (323.06 feet) on Cavan
Road and 438.3 metres (1438.02 feet) on Donaldson Road.
6.5.18 Special Permanent Agricultural -18-ORM (PA-18-ORM) By-law 2017-11
Part of Lot 2 in Concession 4, Hamilton Township
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Core zone,
the Oak Ridges Moraine Countryside zone and the Oak Ridges Moraine
Environmental zone, the following uses are prohibited in the Permanent
Agricultural-18-ORM (PA-18-ORM) zone as per Section 2.3.4.1.c. of the
Provincial Planning Statement, 2024, as amended.
a) All principal residential uses;
b) All accessory residential uses
6.5.19 Special Permanent Agricultural -19-ORM (PA-19-ORM) By-law 2017-24
Part of Lot 31 in Concession 7, Hamilton Township
Part 2 on RP 39R-13518
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-19-ORM (PA-19-ORM) zone
as per Section 2.3.4.1.c. of the Provincial Planning Statement, 2024, as
amended.
a) All principal residential uses;
b) All accessory residential uses
2. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum lot area
22.36 hectares (55.25 acres);
b) Minimum lot frontage
136.73 metres (448.58 feet)
6.5.20 Special Permanent Agricultural -20-ORM (PA-20-ORM) By-law 2017-24
Part Lot 31, Concession 7
Part 1 on RP 39R-13518
1. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum lot area
8.09 hectares (19.99 acres);
b) Minimum lot frontage
94.03 metres (308.49 feet).
6.5.21 Special Permanent Agricultural -21-ORM (PA-21-ORM) By-law 2017-46
Part of Lot 11, Concession 6
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-21-ORM (PA-21-ORM) zone
as per Section 2.3.4.1.c. of the Provincial Planning Statement, 2024, as
amended.
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a) All principal residential uses;
b) All accessory residential uses
2. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum side setback of existing foundation: 3.76 metres (12.33 feet)
6.5.22 Special Permanent Agricultural -22 (PA-22) By-law 2018-35
(the retained parcel of application B-26/17)
3218 Hickerson Road
Part of Lot 3 in Concession 4, Hamilton Township
More particularly described as
Part of Part 1 on RP 39R-2655
6.5.22.1 Zone Provisions
a) The property enjoys broken frontages along Clapperton Road and
Hickerson Road with the minimum frontage of 86.86 m +/- (285 ft +/-)
along Hickerson Road between the properties known as 9707 Clapperton
Road and 3318 Hickerson Road.
b) The remaining provisions of Section 6.3 shall remain in force and effect in
respect of the PA-22 zone.
6.5.23 Special Permanent Agricultural -23-ORM (PA-23-ORM) By-law 2018-60
Vacant land on Cavan Road
Part Lot 17 and 18, Con 7
Save and Except Part 1 on RP 39R-13829
6.5.23.1 Permitted Uses
a) All principal residential uses;
b) All accessory residential uses
6.5.24 Special Permanent Agricultural -24 (PA-24) By-law 2019-64
The lands subject to this by-law amendment are described as follows:
(the retained/remnant lands of consent applications B-18/18)
Part of Lot 26, Con 1
Now more specifically described as
Part of Part 3 on RP 39R-318
(save and except Parts 1 and 2 on RP 39R-14000)
6.5.24.1 Minimum front setback to the existing building shall be
17.94 metres (58.85 feet).
6.5.25 Special Permanent Agricultural -25-ORM (PA-25-ORM) By-law 2019-80
Part of Lot 10, Con 6
1. Notwithstanding the permitted uses in the Oak Ridges Moraine Linkage
zone and the Oak Ridges Moraine Environmental zone, the following uses
are prohibited in the Permanent Agricultural-25-ORM (PA-25-ORM) zone
as per Section 2.3.4.1.c. of the Provincial Planning Statement, 2024, as
amended.
a) All principal residential uses;
b) All accessory residential uses
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2. Notwithstanding any zone provisions to the contrary, the following zone
provisions shall apply to this parcel:
a) Minimum front setback of existing barn foundation fronting on
Eagleson Road: 6.11 metres (20.04 feet);
b) Minimum side setback of existing barn foundation fronting on Eagleson
Road: 1.86 metres (6.10 feet).
6.5.26 Special Permanent Agricultural -26-ORM (PA-26-ORM) By-law 2020-04
Part of Lot 8, Con 8
Now more specifically described as Part 1, 5, 6 and 7 on RP 39R-14043
Zone Provisions
1. Notwithstanding the permitted uses in the Oak Ridges Moraine
Countryside zone, the following uses special provisions shall apply:
a) Non-Residential Use: A nursery/greenhouse use shall be permitted in
addition to all other uses permitted in Section 6.2 of this By-law;
b) Minimum front setback of existing frame building fronting on Sully
Road 11.77 metres (38.61 feet), as existing on the date of the passage
of this by-law;
c) Minimum front setback of existing greenhouse fronting on Sully Road
18.85 metres (61.84 feet), as existing on the date of the passage of
this by-law.
6.5.27 Special Permanent Agricultural -27 (PA-27) By-law 2020-05
Part of Lot 31 and 32, Con 3
Part of Part 1 on RP 39R-11523
Zone Provisions
1. Notwithstanding the permitted uses in the Permanent Agriculture (PA)
zone, the following uses are prohibited in the Permanent Agricultural-27
(PA-27) zone as per Section 2.3.4.1.c. of the Provincial Planning
Statement, 2024, as amended.
a) All principal residential uses;
b) All accessory residential uses
6.5
27B Special Permanent Agricultural - 27B (PA-27B) By-law 2021-33
Part Lot 35, Con 3
Part 2, on RP 39R - 14251
Notwithstanding any provisions of this By-law to the contrary, on lands zoned
PA-27B the following special provisions shall apply:
1. Residential: All residential uses are prohibited
All other provisions of this by-law shall apply.
6.5.28 Special Permanent Agricultural - 28 (PA-28) By-law 2021-34
Part Lot 32, Con 3
Part 2 on RP 39R-14250
1. Residential: All residential uses are prohibited.
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2. Non-Residential: Use of existing barns or buildings located on the property
as of the date of the passing of this by-law, for the housing, raising,
fattening or otherwise, of any type of livestock, shall not be
permitted.
6.5.29 Special Permanent Agricultural - 29 (PA-29) By-law 2024-05
Part of Lot 25, Concession 5,
Being Part Lots 1 and 2 on RP 39R-14732,
Notwithstanding Sections 6.3.1 a), 6.3.1 b) and 5.34 of this By-law to the
contrary, the following special zone provisions shall apply to lands zoned
Special Permanent Agriculture 29 (PA-29):
6.5.29.1
Minimum lot area
2 ha
Minimum lot frontage
60.96 m
Maximum floor area for a Type 'A' home industry shall be 92.9 m2.
6.5.30 Special Permanent Agricultural - 30 (PA-30) By-law 2024-07
Part of Lot 12, Concession 3
Notwithstanding any provision of this by-law to the contrary, on lands zoned
Special Permanent Agriculture 30 (PA-30), all residential uses shall be
prohibited.
Notwithstanding Section 6.3.2, to the contrary, on lands zoned Special
Permanent Agriculture 30 (PA-30) the minimum lot area requirement shall be 4
ha.