Comprehensive Zoning By-law 2001-58 - sections-27-28

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

This is the exact embedded text of the captured official document. Snapshot 9980659ce5f8 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Zoning By-law 2001-58 181 Section 27 -Environmental Protection-Wetland (EP-W) 27.1 Preamble Within an Environmental Protection - Wetland Zone (EP-W), no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 27.2 Permitted Uses 27.2.1 Permitted Principal Uses a) A building or structure required by a public authority for flood or erosion control or for conservation or wildlife management purposes; b) A conservation use excluding any buildings; c) Cranberry harvesting; d) Fishing; e) Hunting; f) Use that was in existence on or before the date of passage of the Official Plan; and/or g) Wild rice harvesting 27.2.2 Permitted Accessory Uses a) An accessory use to the above uses, excluding any buildings. 27.3 Zone Regulations a) All applications for development on Environmentally Protection Wetlands shall be dealt with on a site-by-site basis, at the time of application. b) Additional zone regulations shall be established by Council at the time of application in consultation with the Conservation Authority, the Ministry of Natural Resources and/or the Trent Severn Waterway. c) The appropriate setbacks from the high water mark of any lake, river, stream, creek or wetland shall be established by Council at the time of application in consultation with the Conservation Authority, the Ministry of Natural Resources and/or the Trent Severn Waterway. d) The removal of vegetation, placement or removal of fill or the construction of buildings or structures of any kind shall be prohibited except those uses permitted in accordance with subsection 27.2 iii. 27.4 General Provisions All special provisions of Section 5 General Provisions shall apply, where applicable, to any land, lot, building, structure or use within the Environmental Protection-Wetland Zone (EP-W). Zoning By-law 2001-58 182 Section 28 -Environmentally Sensitive Areas (ES) 28.1 Preamble Within an Environmentally Sensitive Area (ES), no person shall use any land, erect, alter, enlarge, use or maintain any building or structure for any use other than as permitted in this section and also such use, building or structure shall be in accordance with the regulations contained or referred to in this section. 28.2 Permitted Uses a) All uses permitted within the underlying zone classification. 28.3 Zone Regulations a) For all uses, buildings and structures, the regulations of the underlying zone shall apply. b) Prior to issuing a building permit for any building or structure within the Environmentally Sensitive Areas, the Township should be satisfied, in consultation with the local Conservation Authority, that no physical hazard exists which would cause harm to life or property and in this regard, the Township, in consultation with the local Conservation Authority, may require professional technical reports to be submitted in support of any development (i.e. drainage reports, slope stability reports, environmental reports). In this regard, the applicant is encouraged to consult with the local Conservation Authority prior to submitting the building permit application to determine the extent of the physical hazard and need for a report. 28.4 General Provisions All appropriate provisions of Section 5 General Provisions shall apply, where applicable, to any land, lot, building, structure or use within the Environmentally Sensitive Areas (ES).