Comprehensive Zoning By-law 2001-58 - section-9-rural-residential-rr

Hamilton, Ontario · No. 2001-58 · summary & facts

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Zoning By-law 2001-58 95 Section 9 - Rural Residential (RR) 9.1 Preamble Within a Rural Residential Zone (RR), 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. 9.2 9.2.1. Permitted Principal Uses a) A principal single detached dwelling. 9.2.2. Permitted Accessory Uses e) A bed and breakfast establishment; f) A type "A" home occupation in accordance with the provisions of Section 5.33; g) A type "A" home industry in accordance with the provisions of Section 5.34; h) Additional residential unit(s) subject to the provisions of 5.44.; and/or i) Shipping containers, only when incorporated into a design where a building permit has been issued. 9.3 Zone Regulations 9.3.1. For the property a) Lot Area: 4050 square metres (43,593.8 square feet) minimum; b) Lot Frontage: 45.76 metres (150.0 feet) minimum; c) Lot Coverage (all buildings): 20% maximum; and/or d) Off-street parking shall be provided in accordance with Section 5.35 9.3.2. 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: 3 metres (9.8 feet) minimum; d) Exterior Side Setback: 20 metres (65.6 feet) minimum; e) Gross Floor Area of Dwelling: 89 square metres (958.0 square feet) minimum; f) Gross Floor Area (where there is more than one storey) 44.5 square metres (479.2 square feet) minimum; and g) Building Height: 11 meters (36.1 feet) maximum. 9.3.3. For Accessory Building a) Rear Setback: 3 metres (9.8 feet) minimum; b) Interior Setback: 3 metres (9.8 feet) minimum; Zoning By-law 2001-58 96 c) Exterior Side Setback: 20 metres (65.6 feet) minimum; d) Lot Coverage: 5% maximum; and e) Building Height: 4.5 metres (14.8 feet) maximum. 9.4 General Provisions All special provisions of Section 5 "General Provisions" shall apply, where applicable, to any land, lot building structure or use within the Rural Residential (RR) Zone. 9.5 Special Rural Residential (RR) Zones All other provisions of the By-law shall apply except as specified by each special zoning requirement. 9.5.1 Special Rural Residential-1 (RR-1) The lands subject to this By-law amendment are described as follows: - Part Lot 34, Concession III Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-1 the following special provisions shall apply: a) Residential - a garden suite, as described in Section 5.34 of this By-law, shall be permitted in addition to other permitted uses in the Rural Residential zone. 9.5.2 Special Rural Residential-2 (RR-2) The lands subject to this By-law amendment are described as follows: - Part Lot 27, Concession V Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-2 the following special provisions shall apply: a) Non-Residential - a sawmill shall be permitted. 9.5.3 Special Rural Residential-3 (RR-3) The lands subject to this By-law amendment are described as follows: - Part Lot 22, Concession II Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-3 the following special provisions shall apply: a) Non-Residential - no livestock shall be kept within any existing structures. 9.5.4 Special Rural Residential-4 (RR-4) The lands subject to this By-law amendment are described as follows: - Part Lot 32, Concession III Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-4 the following special provisions shall apply: a) Residential - not more than 6 dwelling units shall be permitted. 9.5.5 Special Rural Residential-5 (RR-5) The lands subject to this By-law amendment are described as follows: - Part Lot 8, Concession A Zoning By-law 2001-58 97 Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-5 the following special provisions shall apply: a) Residential -duplex and semi-detached dwelling shall each be permitted. 9.5.6 Special Rural Residential-6 (RR-6) The lands subject to this By-law amendment are described as follows: - Part Lot 27, Concession V Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-6 the following special provisions shall apply: A haunted barn tourist attraction shall be permitted within an existing accessory structure. For purposes of this By-law, a "haunted barn tourist attraction" shall mean a building or structure that has been designed as a walk through haunted barn tourist attraction wherein, for profit or gain, such facility shall be open to the public during the month of October and the first week of November each year. 9.5.7 Special Rural Residential-7 (RR-7) The lands subject to this By-law amendment are described as follows: - Part Lot 3, Concession A Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-7 the following special provisions shall apply: a) Residential -a duplex dwelling house, a semi-detached dwelling house for purposes of this RR-7 Zone, hereof a semi-detached dwelling house shall mean one of a pair of attached single family dwelling houses divided vertically by a common wall above finished grade into 2 separate dwelling units, each of which has an independent entrance either directly from outside the building or through a common vestibule. b) Non-Residential - a Type 'A' or Type 'B' home occupation in accordance with Section 5.29. 9.5.8 Special Rural Residential-8 (RR-8) The lands subject to this By-law amendment are described as follows: Notwithstanding any provisions of this By-law to the contrary, no person shall, on any lands, designated use, any building or structure except in accordance with all other relevant provisions of this By-law plus the following RR-8 special provisions. a) Lot Area: 850 square metres (9,150 square feet) minimum; b) Lot Frontage: 15 metres (50 feet) minimum; c) Lot Coverage: 33% maximum; d) Front Setback: 10.5 metres (35 feet) minimum; e) Interior Side Setback: i. For the side that is not attached to other units: 3 metres (9.8 feet) minimum. ii. Where a garage or carport is attached to or within the main building: 1.2 metres (3.9 feet) plus 1.6 metres (2 feet) for each additional or partial storey above the first minimum. Zoning By-law 2001-58 98 f) Rear Setback: 9 metres (29.5 feet) minimum; and g) Building Height: 9.2 metres (20.2 feet) maximum. 9.5.9 Special Rural Residential-9 (RR-9) By-law 2003-28, 2003-34 & 2007-17 The lands subject to this By-law amendment are described as follows: - Part Lot 31, Concession 9 - 5660 Byers Road, Unit 185, - 7403 Byers Road, - 7407 & 7411 Byers Road (respectively) Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-9 the following special provisions shall apply: 9.5.9.1 Zone Provisions: a) Lot area - 0.07 hectares (0.17 acres) minimum; and b) Lot frontage - 15.2 metres (50 feet) minimum. 9.5.10 Special Rural Residential-10 (RR-10) By-law 2004-35 The lands subject to this By-law amendment are described as follows: - Part Lot 31, Concession 9 - 7403 Byers Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-9 the following special provisions shall apply: a) Lot area - 0.14 hectares (0.34 acres) minimum; and b) Lot frontage - 30.5 metres (100 feet) minimum. 9.5.11 Special Rural Residential-11 (RR-11) By-law 2004-53 The lands subject to this By-law amendment are described as follows: - Lot 25, Concession 5 Notwithstanding any provisions of this By-law to the contrary, no person shall, on any land zoned RR-11 use any building or structure except in accordance with all other relevant provisions of this By-law plus the following RR-11 special provisions. Accessory buildings not attached to principal building: a) Building height - 6 metres (20 feet) maximum; and b) Type 'A' home industry floor area 9.29 square metres (1000 square feet) maximum. 9.5.12 Special Rural Residential-12 (RR-12) By-law 2005-23 The lands subject to this By-law amendment are described as follows: - Part Lot 15/16, Concession I Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-12 the following special provisions shall apply: a) Front yard setback - 76.2 metres (250 feet) minimum. 9.5.13 Special Rural Residential-13 (RR-13) By-law 2005-73 The lands subject to this By-law amendment are described as follows: - Part Lot 18 Concession II Zoning By-law 2001-58 99 Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-13 the following special provisions shall apply: That Section 9.5.13 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.13.1 Zone Regulations a) The construction of buildings or structures of any kind, the placement or removal of fill, or the removal of vegetation be prohibited on all lands located within 15 metres (49 feet) of the lop of bank as defined by the GRCA. 9.5.14 Special Rural Residential-14 (RR-14) By-law 2006-30 The lands subject to this By-law amendment are described as follows: - Part lot 28 & 29, Concession VIII Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-14 the following special provisions shall apply: That Section 9.5.14 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.14.1 Zone Regulations a) No person shall construct any buildings or structures, place or remove fill or remove vegetation on all lands within 80 metres (262 feet) of the rear lot line. 9.5.14 B Special Rural Residential-14B (RR-14B) By-law 2010-29 The lands subject to this By-law amendment are described as follows: - PART Lot 29, Con II - Part 1 on RP 39R-450 & Part 1 on RP 39R-536 and Blocks 24 & 25 on Plan 441 - 7563 Dale Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-14B the following special provisions shall apply: That the permitted uses as found in Section 9.2 of By-law 2001-58 shall remain in respect of the Special Rural Residential-14B (RR-14B) zone. That Section 9.5.14B be added to the By-law to regulate the use of the land with respect to the following provisions 9.5.14B.1 Zone Regulations For All Buildings or Uses: a) Lot area - 2420 square metres (0.598 acres) minimum; and b) Lot frontage - 42.67 metres (140 feet) minimum. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.15 Special Rural Residential-15 (RR-15) By-law 2012-03 The lands subject to this By-law amendment are described as follows: - Part of Lot 35, Concession VI - Part 1 on RP 39R-12565 Zoning By-law 2001-58 100 - 7023 Donaldson Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-15 the following special provisions shall apply: That Section 9.5.15.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.15.1 Zone Regulations For All Principal Buildings or Uses a) Setback from centerline of Donaldson Road (7th Line) to existing residential building to be 12.8 metres (42 feet) minimum. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.16 Special Rural Residential-16 (RR-16) By-law 2012-59 The lands subject to this By-law amendment are described as follows: - Part of Lot 15, Concession II - Part of Part 1 on RP 39R-1804 and Part 1 on RP 39R-12737, - 2736 Division Street N. Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-16 the following special provisions shall apply: That Section 9.5.16.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.16.1 Zone Regulations For All Principal Buildings or Uses a) Lot frontage - 37.08 metres (121.65 feet) minimum. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.17 Special Rural Residential-17 (RR-17) By-law 2013-13 The lands subject to this By-law amendment are described as follows: - Part of Lot 14, Concession III - Part of Part 1 on RP 39R-9596, - now more particularly described as Part 1 on RP 39R 12794 Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-17 the following special provisions shall apply: That Section 9.5.16.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.17.1 Zone Regulations For All Principal Buildings or Uses a) Lot frontage - 44.44 metres (145.8 feet) minimum. Zoning By-law 2001-58 101 That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.18 Special Rural Residential-18 (RR-18) By-law 2013-23 The lands subject to this By-law amendment are described as follows: - Part of the South Half of Lot 27, Concession V - Part 1 on RP 39R-12778 - 3648 Whitney Howard Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-18 the following special provisions shall apply: That the existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. That Section 9.5.18.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.18.1 Zone Regulations Principal Building a) Front Setback for the existing house - 7.24 metres (23.75 feet) minimum. Detached Accessory Building a) Gross Floor Area of existing garage - 89.18 square metres (960 square feet) maximum. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.19 Special Rural Residential-19 (RR-19) By-law 2014-07 The lands subject to this By-law amendment are described as follows: - Part Lot 34, Concession II - Part 1 on RP 39R-12992 - 7092 Telephone Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-19 the following special provisions shall apply: That Section 9.5.19.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.19.1 Zone Regulations Single Detached Dwellings a) Front setback - 14.5 metres (47.57 feet) on Don Lang Road minimum; and b) Exterior Side setback - 15.7 metres (51.50 feet) on Telephone Road minimum. That the any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. Zoning By-law 2001-58 102 That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.20 Special Rural Residential-20 (RR-20) By-law 2014-42 The lands subject to this By-law amendment are described as follows: - Part of Lot 8, Concession III - Being Part Lot 27, Plan 23 together with Part of Block H, Plan 23, - now more specifically described as Part 1 on RP 39R-13019 - 2906 Harwood Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-20 the following special provisions shall apply: That Section 9. 5.20.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.20.1 Zone Regulations Single Detached Dwellings a) Lot Area - 2893.5 square metres (0.715 acre) minimum; and b) Front Yard - 6.59 metres (21.65 feet) minimum. Existing Accessory Buildings Not Attached to The Principal Building a) Interior Side Yard - 1.82 metres (6.0 feet) minimum. That the any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.21 Special Rural Residential-21 (RR-21) By-law 2014-45 The lands subject to this By-law amendment are described as follows: - Part Lot 26, Concession VII - Part 1 on RP 39R-13088 - 7772 Cavan Road Notwithstanding any provisions of this By-law to the contrary, on lands zoned RR-21 the following special provisions shall apply: That Section 9. 5.21.1 be added to the By-law to regulate the use of the land with respect to the following provisions. 9.5.21.1 Zone Regulations Single Detached Dwellings a) Lot Frontage - 22.86 metres (75 feet) minimum. The existing detached accessory building may continue to sit proud of the existing Single Detached Dwelling. That the existing zoning classifications as found on Schedule "A" and "D", the Zone maps, forming part of Zoning By-law No. 2001-58, as otherwise amended, being the Oak Ridges Moraine Conservation zones, shall remain on the lands. Zoning By-law 2001-58 103 That the any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.22 Special Rural Residential-22 (RR-22) By-law 2015-42 The lands subject to this by-law amendment are described as follows: - Part Lot 17, Concession I - Parts 4, 5 & 6 on RP 39R-10739 - 46 Oliver's Lane Notwithstanding any provisions of this by-law to the contrary, on lands zoned RR-22 the following special provisions shall apply: That Section 9.5.22 be added to the by-law to regulate the use of the land with respect to the following provisions. 9.5.22.1 Zone Provisions On date of passage of this By-law a) Minimum lot area: 2295.4 square metres (24,707.5 square feet); b) Minimum front setback for principal building: c) Minimum east side setback for existing detached accessory building: and d) Maximum lot coverage for all buildings: 21% 9.5.22.2 Accessory Structure Provisions a) Minimum east side setback: 2.55 metres (8.36 feet); b) Maximum building height: 7.3 metres (23.95 feet); c) Minimum setback from Top-of-Bank: 4.57 metres (15 feet); d) Maximum lot coverage for detached accessory buildings: 8.1%: and e) Maximum gross floor area of detached accessory building: 85.7% of the gross floor area of the principal building or 167.2 square metres (1800 square feet), whichever is lesser. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.23 Special Rural Residential-23 (RR-23) By-law 2015-49 The lands subject to this by-law amendment are described as follows: - Part Lot 17, Concession 5 - More particularly described as - Part 6 on RP 39R-13233 - 2884 Cochrane Road Zoning By-law 2001-58 104 That Section 9.5.23 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.23 Zone Provisions a) Minimum lot frontage: 31.699 metres (103.96 feet); b) Minimum front setback for principal building: 8.76 metres (28.74 feet); c) Minimum side setback for detached garage: 1.34 metres (4.39 feet); d) Minimum side setback for detached shed: 0.39 metres (1.27 feet); e) Minimum side setback for detached wood shed: 1.35 metres (4.42 feet); and f) Maximum gross floor area of detached garage: 98.14 square metres (1056.37 square feet). That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.24 Special Rural Residential-24 (RR-24) By-law 2015-62 The lands subject to this by-law amendment are described as follows: - Part Lot 17, Concession 9 - More particularly described as - Parts 1, 2, 3, 4 & 9 on RP 39R-575 - Part 1 on RP 30R-730 - Part 1 on RP 39R-3025 and - Part 1 on RP 39R-13267 - ## Harris Boatworks Road That Section 9.5.24 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.24.1 Zone Regulations a) For All Uses i. Lot Frontage on Harris Boatworks Road: 8.83 metres (29 feet) minimum. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.25 Special Rural Residential-25 (RR-25) By-law 2017-04 The lands subject to this by-law amendment are described as follows: - Part of Lot 19 in Concession 7, Hamilton Township - More particularly described as - Parts 1 through 4 (inclusive) on RP 39R-13461 - 8385 Cavan Road That Section 9.5.25 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.25 Zone Provisions a) The minimum front setback to the existing house shall be 10.82 metres (35.5 feet); Zoning By-law 2001-58 105 b) The maximum lot coverage of all detached accessory buildings shall be 9.9%; and c) The maximum size of the two existing detached accessory buildings shall not exceed 148.14% of the house. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.26 Special Rural Residential-26 (RR-26) By-law 2017-11 The lands subject to this by-law amendment are described as follows: - 3223 Hickerson Road - Part Lot 2, Concession 4, Hamilton Township - Now more particularly described as - Part 2 on RP 39R- 13593 That Section 11.5.26 be added to the by-law to regulate the use of the land with respect to the following provisions: 11.5.26 Zone Provisions 11.5.26.1 The use of the detached accessory buildings may be for the storage of personal vehicles and household items only. The use of the accessory buildings as a farm building, a vehicle repair/service facility for commercial purposes, or other industrial-type uses is strictly prohibited. 11.5.26.2 Maximum height of the existing detached accessory 2 storey barn 7.92 metres (26 feet). 11.5.26.3 Maximum area of the existing detached accessory 2 storey barn 158.56 square metres (1706.82 square feet). 11.5.26.4 The existing detached accessory 2 storey barn is recognized as being located proud of the front line of the principal dwelling. 11.5.26.5 The existing private pool is recognized as being located proud of the front line of the principal dwelling. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.27 Special Rural Residential-27 (RR-27) By-law 2017-39 The lands subject to this by-law amendment are described as follows: - 3414 Lacey Road - Part of Lot 23 in Concession 4, Hamilton Township - More particularly described as - Parts 1 on RP 39R-13592 That Section 9.5.27 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.27 Zone Provisions Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to this parcel: Zoning By-law 2001-58 106 a) Minimum Exterior Side Setback for existing house 15.55 metres (51 feet); b) Maximum Gross Floor Area of existing metal shed 102.75 square metres (1106 square feet); and c) The existing detached accessory buildings shall no longer be used for the housing of livestock. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.28 Special Rural Residential-28-ORM (RR-28-ORM) By-law 2017-46 The lands subject to this by-law amendment are described as follows: - 4330 Eagleson Road - Part of Lot 11 in Concession 6, Hamilton Township - More particularly described as - Parts 1, 2 & 3 on RP 39R-13610 That Section 9.5 28 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.28 Zone Provisions Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to the buildings and structures existing on this parcel on the date of the passage of this by-law: a) The front setback of the house from Eagleson Road: 9.67 metres (31.72 feet) minimum; b) The projection of the front deck into the required: 2.07 metres (6.79 feet) maximum; c) The location of the detached accessory building/frame garage: In front of the exterior side line of the principal building; d) The exterior side setback of the detached accessory building/garage: 19.71 metres (64.66 feet) minimum; e) The location of the detached accessory buildings/silos: In front of the exterior side line of the principal building; f) The exterior side setback of the silos: 10.2 metres (33.46 feet) minimum; g) The total lot coverage of all detached accessory buildings and structures: 6.16% (764.65 square metres/8230.62 square feet) maximum; h) The height of the detached accessory building and structures: Shall not exceed the height as on the date of the passage of this by-law; i) The gross floor area of the following detached accessory buildings and structures as they relate to the gross floor area of the principal building (house); i. Frame building (at rear of lot): 150.67 square metres (1621.79 square feet) maximum; ii. Concrete pad: 357.25 square metres (3845.4 square feet) maximum; and iii. Detached garage: 112.24 square metres (1208.14 square feet) maximum. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. Zoning By-law 2001-58 107 9.5.29 Special Rural Residential-29 (RR-29) By-law 2018-10 The lands subject to this by-law amendment are described as follows: - (the severed parcel of application B-18/17) - Vacant land on Kennedy Road - Part of Lot 19 in Concession 5, Hamilton Township - More particularly described as - Part 1 on RP 39R-13680 That Section 9.5.29 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.29.3 Zone Provisions a) Minimum Lot Area as development of the lot shall occur via connection to the municipal water services: 0.3 hectares (0.75 acres). That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That the remaining provisions of Section 9.3 shall remain in force and effect in respect of the RR-29 zone. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.30 Special Rural Residential - 30 (RR-30) By-law 2018-34 The lands subject to this by-law amendment are described as follows: - (the severed parcel of application B-24/17) - Vacant land on Payn Road - Part of Lot 2 in Concession 2, Hamilton Township - More particularly described as - Part 2 on RP 39R-13695 That Section 9.5.30 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.30.1 Zone Provisions a) The existing 124.05 square metres (1335 square feet) detached accessory building is hereby recognized prior to the construction of the required principal building; b) The remaining provisions of Section 9.3 shall remain in force and effect in respect of the RR-30 zone. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.31 Special Rural Residential - 31 (RR-31) By-law 2018-38 The lands subject to this by-law amendment are described as follows: - (the retained parcel of application B-17/17) - Lands fronting on Moore Orchard Road - Part of Lot 3 in Concession B, Hamilton Township - More particularly described as - Part 1 on RP 39R-13758 Zoning By-law 2001-58 108 That Section 9.5.31 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.31.1 Zone Provisions a) Minimum lot area: 3843.6 square metres (0.94 acres); and b) Minimum rear setback: 9.14 metres (30 feet) for the proposed principal building. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.32 Special Rural Residential - 32 (RR-32) By-law 2018-38 The lands subject to this by-law amendment are described as follows: - (the severed parcel of application B-17/17) - Lands fronting on Moore Orchard Road - Part of Lot 3 in Concession B, Hamilton Township - More particularly described as - Part 2 on RP 39R-13758 That Section 9.5.32 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.32.1 Zone Provisions a) Minimum rear setback: 10.3 metres (33.79 feet) for the existing principal building; and b) Minimum side setback:1.49 metres (4.88 feet) for the existing detached accessory building. That any existing Environmentally Sensitive Area (ESA) overlay identification shall remain on the subject lands. That Zoning By-law No. 2001-58, as otherwise amended, is hereby amended to give effect to the foregoing, that Zoning By-law No. 2001-58, as otherwise amended, shall in all other respects remain in full force and effect save as it may otherwise be amended or thereinafter dealt with. 9.5.33 Special Rural Residential - 33-ORM (RR-33-ORM) By-law 2018-60 The lands subject to this by-law amendment are described as follows: - 8456 Cavan Road - Part Lot 18, Con 7 - More particularly described as - Part 1 on RP 39R-13829 That Section 9.5.33 be added to the by-law to regulate the use of the land with respect to the following provisions 9.5.33.1 Zone Provisions 1. Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to this parcel: a) Side setback:1.65 metres (5.41 feet) existing detached accessory building. 9.5.34 Special Rural Residential - 34 (RR-34) By-law 2019-27 The lands subject to this by-law amendment are described as follows: - (the subject of consent applications B-16 & 17/18) Zoning By-law 2001-58 109 - 1577 ASH ROAD - PT LOT 8, CON A - More particularly described as - Parts 1, 2 & 3 on RP 39R-13895 That Section 9.5.34 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.34 Zone Provisions 9.5.34.1 Prohibited Uses Notwithstanding any other use to the contrary, the permitted principal uses on this property shall include the existing single detached dwelling together with the existing two (2) accessory dwelling units within. 9.5.34.2 Provisions for the Property a) Lot area: 1188 square metre (0.29 acres) minimum; b) Lot frontage: 18.9 metres (62.0 feet) minimum; and c) Total lot coverage (all buildings): 25.08% maximum. 9.5.34.3 Provisions for Principal Building/Use a) Front setback: 7.63 metres (25.03 feet) minimum; b) Dwelling unit area: i. Principal unit: 76 square metres (818.06 square feet) minimum; ii. 1st accessory unit: 57.5 square metres (618.93 square feet) minimum; and iii. 2nd accessory unit: 61.5 square metres (661.98 square feet) minimum. 9.5.34.4 Provisions for Detached Accessory Buildings a) Rear setback: 1.32 metres (4.33 feet) minimum; b) Side setback 1.72 metres (5.64 feet) minimum; c) Lot coverage detached accessory building: 8.67% maximum; and d) The existing detached accessory building is recognized as being 52.82% of the size of the Principal Building. 9.5.35 Special Rural Residential - 35 (RR-35) By-law 2019-27 The lands subject to this by-law amendment are described as follows: - (the subject of consent applications B-16 & 17/18) - 1573 ASH ROAD - PT LOT 8, CON A - More particularly described as - Parts 4 & 5 on RP 39R-13895 That Section 9.5.35 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.35 Zone Provisions 9.5.35.1 Provisions for the Property a) Lot area: 957 square metres (0.24 acres) minimum; and b) Lot frontage: 15.24 metres (50.0 feet) minimum. Zoning By-law 2001-58 110 9.5.35.2 Provisions for the Principal Building/Use a) Front setback: 10.94 metres (35.98 feet) minimum; and b) Side setback: 0.05 metres (0.16 feet) minimum. 9.5.36 Special Rural Residential - 36 (RR-36) By-law 20 The lands subject to this by-law amendment are described as follows: 9.5.37 Special Rural Residential - 37 (RR-37) By-law 2019-64 The lands subject to this by-law amendment are described as follows: - (The subject of consent application B-18/18) - Part of Lot 26, Con 1 - Now more specifically described as - Part 1 & 2 on RP 39R-14000 That Section 9.5.37 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.37 Zone Provisions 9.5.37.1 The use of the existing 2-storey frame barn shall be permitted. 9.5.37.2 The minimum lot area shall be 2870 square metres (0.709 acres). 9.5.37.3 The minimum front setback to the existing building shall be 11.07 metres (36.31 feet). 9.5.37.4 The maximum lot coverage of the existing detached accessory structure shall be 8.10%. 9.5.38 Special Rural Residential - 38 (RR-38) By-law 2019-75 The lands subject to this by-law amendment are described as follows: - Part of Lot 30, Con 10 - And part of the road allowance between Lots 30 & 31 - Now more specifically described as - Parts 1 & 3 on RP 39R-13969 and Part 1 on RP 39R-13555 That Section 9.5.38 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.38 Zone Provisions 9.5.38.1 : The minimum lot area shall be 3896.06 square metres (41,936.85 square feet). 9.5.38.2 : The minimum lot frontage shall be 23.87 metres (87.31 feet). 9.5.38.3 : The minimum front setback to the existing residential building shall be 0.9 metres (2.95 feet). 9.5.38.4 : The exterior side setback to the existing residential building shall be 6.2 metres (20.34 feet). 9.5.38.5 : The exterior side setback to the existing detached accessory buildings shall be: a. 1.8 metres (5.9 feet) for shed # 1; and b. 2.5 metres (8.2 feet) for shed # 2. 9.5.39 Special Rural Residential - 39 (RR-39) By-law 2020-04 The lands subject to this by-law amendment are described as follows: - (being the severed portion of application B-14/19) - Part of Lot 8, Con 8 - Now more specifically described as - Part 2, 3 & 4 on RP 39R-14043 That Section 9.5.39 be added to the by-law to regulate the use of the land with respect to the following provisions: Zoning By-law 2001-58 111 9.5.39 Zone Provisions Notwithstanding any zone provisions to the contrary, the following zone provisions shall apply to this parcel: a) Minimum lot area: 3998.5 square metres (0.98 acres); and b) Minimum rear setback: 18.03 metres (59.15 feet) 9.5.40 Special Rural Residential - 40 (RR-40) By-law 2020-07 The lands subject to this by-law amendment are described as follows: - (being the severed portions of applications B-09, 10 & 11/19) - Part of Lot 7, Con 1 - Now more specifically described as - Part 1, 2 and 3 on RP 39R- 14068 That Section 9.5.40 be added to the by-law to regulate the use of the land with respect to the following provisions: 9.5.40 Zone Provisions Notwithstanding the permitted uses in the Rural Residential (RR) zone, the following special provisions shall apply a) A Development Agreement shall be entered with the Township of Hamilton and registered on title of the lands prior to the stamping of the deeds for consents noted above. The Development Agreement shall address criteria identified in the October 9, 2019 comments received from the Ganaraska Region Conservation Authority in respect of the Environmental Impact Study completed by Niblett Environmental Associates Ltd. in August 2019. 9.5.41 Special Rural Residential - 41 (RR-41) By-law 2020-38 The lands subject to this By-law amendment are the described as: - 8829 Dale Road - Pt Lot 13, Con 2 That Section 9.5.41 be added to the By-law to regulate the use of the land and buildings with respect to the following provisions: 9.5.41.1 Zone Provisions For the proposed detached accessory building: a) Gross floor area: 241.5 square metres (2600 square feet) maximum (91.55 % of the house); b) Location: In front of front line of principal building; c) Front setback: 20 metres (65.6 feet) minimum; d) Building height: 4.87 metres (16 feet) maximum; e) Gross floor area of Home Industry/Craft Shop: 241.5 square metres (2600 square feet) maximum; f) Non-resident employees: 2 maximum; and g) On site parking spaces: 5 minimum. That development of the site shall be subject to the required Environmental Impact Study, as approved by the Ganaraska Region Conservation Authority and the Township of Hamilton. Zoning By-law 2001-58 112 9.5.42 Special Rural Residential - 42 (RR-42) By-law 2020-39 The lands subject to this By-law amendment are the described as: - 2621 Division Street North - Pt Lot 13, Con 2 - Now further described as Part 3 on RP 39R-14111 (being the parent/remnant parcel of application B-21/19) That Section 9.5.42 be added to the By-law to regulate the use of the land and buildings with respect to the following provisions: 9.5.42.1 Zone Provisions a) Lot area: 0.13 hectares (0.34 acres); b) Lot frontage: 30.35 metres (99.6 feet); c) Side setback of existing detached accessory building: 0.88 metres (2.88 feet): and d) Projection into rear yard of existing rear deck: As illustrated on the Surveyor's Real Property Report by Gifford Harris Surveying Inc., dated March 30, 2020. 9.5.43 Special Rural Residential - 43 (RR-43) By-law 2020-38 The lands subject to this By-law amendment are the described as: - Vacant land, Division Street North - Pt Lot 13, Con 2 - Now further described as Part 1 & 2 on RP 39R-14111 (being the resultant parcel of application B-21/19) That Section 9.5.43 be added to the By-law to regulate the use of the land and buildings with respect to the following provisions: 9.5.43.1 Zone Provisions a) Lot area: 0.13 hectares (0.34 acres); and b) Lot frontage: 30.35 metres (99.6 feet). 9.5.44 Special Rural Residential - 44 (RR-44) By-law 2020-59 The lands subject to this By-law amendment are the described as: - Vacant Land, Harwood Road - Pt Lot 7, Con 3 - Now further described as Part 1-6 inclusive on RP 39R-14140 (being the newly created parcel of application B-07/19) That Section 9.5.44 be added to the By-law to regulate the use of the land and buildings with respect to the following provisions: 9.5.44.1 Zone Provisions a) Lot area: 0.1.21 hectares (3 acres); and b) Lot frontage: 20.12 metres (66 feet). 9.5.45 Special Rural Residential - 41 (RR-41) By-law 2020-38 The lands subject to this By-law amendment are the described as: - Pt Lot 4, Con 7 - More particularly described as - Part 2 on RP 39R-14253 (being the retained portion of B-11/20) - 4771 Jasper Martin Road That Section 9.5.45 be added to the By-law to regulate the use of the land and building with respect to the following provisions: Zoning By-law 2001-58 113 9.5.45.1 Zone Provisions a) Existing building front Setback: 16.23 metres (53.2 feet) minimum; and b) Building Height: 4.57 metres (15 feet) maximum.