Comprehensive Zoning By-law 2001-58 - section-17-rural-highway-commercial-rhc

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

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Zoning By-law 2001-58 135 Section 17 - Rural Highway Commercial (RHC) 17.1 Preamble Within a Rural Highway Commercial Zone (RHC), 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. 17.2 Permitted Uses 17.2.1 Permitted Principal Uses a) An agricultural produce sales outlet; b) An automatic or coin operated car wash with the sale of petroleum products incidental thereto; c) An auction outlet; d) An automobile sales agency; e) An automobile, snowmobile, motorcycle or boat service station; f) A commercial greenhouse, nursery or garden centre; g) A contractor's yard; h) A convenience retail store; i) A diesel, propane and/or natural gas outlet; j) An eating establishment; k) An establishment for the sale, service, storage or repair of small internal combustion engines such as outboard motors and lawnmowers; l) A hotel; m) A lumber and building supply outlet; n) A tavern; o) A truck terminal: and/or p) A wayside pit or quarry. 17.2.2 Permitted Accessory Uses a) One detached dwelling or one dwelling unit as an accessory use for the owner or operator of a principal use to any of the foregoing except automobile service stations or other uses involving the sale of gasoline or other similar petroleum products, in accordance with the provisions of Section 5.12; b) A convenience retail store and a restaurant as an accessory use to an automobile service station; c) An accessory building to the above principal uses; and/or Zoning By-law 2001-58 136 d) Shipping containers where a building permit has been issued. 17.3 Zone Regulations 17.3.1 For the property* a) Lot Area: 4,000 square metres (0.99 acres) minimum; b) Lot Frontage: 45 metres (147.6 feet) minimum; c) Lot Coverage (all buildings): 30% maximum; and d) Off-street parking shall be provided in accordance with Section 5.31 and 5.24. On a corner lot, a sight triangle of 8 metres (26.2 feet) minimum shall be provided. Such site triangle is not to be construed to be part of the required minimum yard. All means of ingress and egress shall have a minimum width of 6 metres (19.7 feet) and in the case of a corner lot, no means of ingress or egress shall be located within 15 metres (49.2 feet) of the intersection of the streets or where a corner is rounded, the points at which the extended street lines meet. 17.3.2 For Principal Building a) Front Setback: 20 metres (65.6 feet) minimum; b) Rear Setback: 8 metres (26.2 feet) minimum; c) Interior Side Setback: 3 metres (9.8 feet) minimum; d) Exterior Side Setback: 8 metres (26.2 feet) minimum; and e) Building Height: 11 metres (36.1 feet) maximum. 17.3.3 For Accessory Buildings a) Front Setback: 20 metres (65.6 feet) minimum; b) Rear Setback: 1.5 metres (4.9 feet) minimum; c) Interior Side Setback: 1.5 metres (4.9 feet) minimum; d) Exterior Side Setback: 8 metres (26.2 feet) minimum; e) Building Height: 4.5 metres (14.8 feet) maximum; and f) Building Height for detached accessory dwelling unit: 11 metres (36.1 feet) maximum. 17.3.4 Special Provisions for a Car Wash Establishment a) For an automatic car wash, a minimum of 10 waiting spaces shall be provided on the subject property: and b) For a coin operated car wash, a minimum of 2 waiting spaces and one drying space shall be provided for each washing unit or bay. Zoning By-law 2001-58 137 17.3.5 Special Provisions for an Automobile Service Station a) Lot Depth: 45 metres (147.6 feet) minimum; b) Front Setback: 15 metres (49.2 feet) minimum; c) Rear Setback: 7.5 metres (24.6 feet) minimum; d) Interior Side Setback: 7.5 metres (24.6 feet) minimum; e) Exterior Side Setback: 8 metres (26.2 feet) minimum; f) Building Height: 11 metres (36.1 feet) maximum; g) When abutting a residential zone: i. Interior Side Setback: 15 metres (49.2 feet) minimum; ii. Rear Setback: 15 metres (49.2 feet) minimum; and iii. Mandatory Open Space abutting a residential zone: 4.5 metres (14.5 feet) minimum; h) Light stands and signs (within any required yard): 2.5 metres (8 feet) from any street line minimum; i) Fuel pumps and pump islands (within any required yard): 6 metres (19.7 feet) from any street line minimum; j) Distance between access ramps: 12 metres (39.4 feet) minimum; k) Ramp setback from side lot line: 4.5 metres (14.5 feet) minimum; l) Ramp access setback from corner/intersection of street lines: 15 metres (49.2 feet) minimum; m) Ramp width: 7.5 metres (24.6 feet) minimum; and n) Interior angle between lot line and centreline of the ramp: between 70 and 90 degrees. 17.3.6 For land abutting a Residential zone or Residential use Notwithstanding the provisions in subsection 17.3 where an interior side yard and/or a rear yard abuts a residential zone or any existing residential use then such interior side yard and/or rear yard shall be a minimum of 10 metres (32.8 feet). The 3 metre (9.8 feet) strip immediately adjacent to the rear and/or interior side lot line shall be landscaped. 17.4 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 Highway Commercial Zone (RHC). 17.5 Special Rural Highway Commercial Zones (RHC) All other provisions of the By-law shall apply except as specified by each special zoning requirement. Zoning By-law 2001-58 138 17.5.1 Special Rural Highway Commercial 1 (RHC-1) Not used 17.5.2 Special Rural Highway Commercial 2 (RHC-2) Part Lot 26, Concession 3 2811 Black Road Non-Residential - a commercial garage shall be permitted in addition to all other permitted Rural Highway Commercial uses. 17.5.3 Special Rural Highway Commercial 3 (By-law 2024-38) 2141 Theater Road Part of 28, Concession 1 Notwithstanding the uses permitted by Section 17.2.1 of this By-law, on lands zoned Special Rural Highway Commercial 3 (RHC-3), the only permitted use shall be a contractor's yard including the storage of bins, construction trucks and equipment, an administrative office and shop. All other provisions of this By-law shall apply. 17.5.4 Special Rural Highway Commercial 4 (RHC-4) Not used 17.5.5 Special Rural Highway Commercial-5 (RHC-5) Part Lot 25, Concession I Notwithstanding any provisions of this By-law to the contrary, on lands zoned RHC-5 the following special provisions shall apply: a) Non-Residential - a radio and telecommunication broadcasting station including all necessary signal towers, office and administrative uses associated with the broadcasting station shall be the only permitted use on lands zoned RHC-5. 17.5.6 Special Rural Highway Commercial 6 (RHC-6) Not used 17.5.7 Special Rural Highway Commercial-7 (RHC-7) Part Lot 3, Concession B Parts 1-3 on RP 39R-1256, s/e Parts 1 and 2 on RP 39R-2375 Notwithstanding any provisions of this by-law to the contrary, on lands zoned RHC-7 the following special provisions shall apply: Zone Regulations a) Non-Residential-an auction outlet shall be permitted in addition to all other uses permitted in the Rural Commercial Highway (RHC) Zone. 17.5.8 Special Rural Highway Commercial 8 (RHC-8) By-law 2003-10 Part Lot 3, Concession B Notwithstanding any provisions of this By-law to the contrary, on lands zoned RHC-8 the following special provision shall apply: Non-Residential - a mini-storage warehouse and accessory outside storage For purposes of this By-law, mini-storage warehouse shall be defined as a building wherein general merchandise, vehicles, furniture and household goods are stored in separately occupied, secured storage areas or lockers which are generally accessible by means of individual loading doors. Employees Zoning By-law 2001-58 139 associated with such use shall be limited to a facility manager and/or security personnel. All other provisions of the By-law shall apply. 17.5.9 Special Rural Highway Commercial-9-holding (RHC-9-h) Part Lot 28, Concession I Notwithstanding any provisions of this By-law to the contrary, on lands zoned RHC-9-h the following special provisions shall apply. That Section 17.5.9 be added to the By-law to regulate the use of the land with respect to the following provisions: 17.5.9.1 Zone Regulations a) Non-Residential uses permitted: i. A business office and or offices; ii. A merchandise service shop; iii. A nursery; iv. A public use; v. A restaurant; vi. A large format retail store; vii. A vehicle sales or rental establishment; viii. A gasoline retail facility; ix. A home occupation; or x. A mini-storage warehouse(s). For purposes of this By-law, mini-storage warehouse shall be defined as a building wherein general merchandise, vehicles, furniture and household goods are stored in separately occupied, secured storage areas or lockers which are generally accessible by means of individual loading doors. 17.5.9.2 Zone Requirements: a) Lot coverage - 35% maximum; b) Interior side yard width - 10.7 metres (35 feet) minimum. 17.5.10 Special Rural Highway Commercial 9B Holding (RHC-9B-H) By-law 2006-29 Part Lot 8, Concession B Notwithstanding any provisions of this By-law 2001-58 to the contrary, on lands zoned RHC-9B-H the following special provisions shall apply: Uses permitted Convenience retail store - gross floor area (maximum) - 500 square metres (5380 square feet). Zoning By-law 2001-58 140 Zone requirements Development of the lands zoned RHC-9B-H shall not proceed until the 'holding' (h) symbol has been removed by way of amendment to this by-law in accordance with the provisions of the Planning Act, R.S.O., 1990. Council may consider a by-law to remove the 'holding" (h) symbol from the property upon completion of the following to the satisfaction of Council: a) A servicing options report detailing the method of sanitary sewage disposal, water supply and storm water drainage; b) A detailed site development plan; c) A site plan agreement prepared in accordance with Section 41 of the Planning Act, R.S.O., 1990; and d) A noise assessment report regarding development adjacent to CN/CP rail lines. 17.5.11 Special Rural Highway Commercial 10 (RHC-10) Not used 17.5.11 Special Rural Highway Commercial 11 (RHC-11) By-law 2010-47 (Part Lot 30, Concession A, being Part 1 on RP 39R-10528) Notwithstanding any provisions of this By-law to the contrary, on lands zoned RHC-11 and shown on Schedule 'A' attached, the following special provisions shall apply: In addition to all permitted uses included in Section 17.2 of By-law 2001-58 the following use shall also be permitted: a) Personal service shop. The minimum Lot Frontage and minimum Lot Area shall be as they existed on the day of passing of this By-law. All other provisions of this by-law shall apply. 17.5.12 Special Rural Highway Commercial-12 (RHC-12) By-law 2013-55 Part Lot 35, Concession 9 Notwithstanding any provisions of this by-law to the contrary, on lands zoned RHC-12 and shown on Schedule "A" attached, the following special provisions shall apply: a) The following shall be the only Non-Residential uses permitted: i. A veterinary clinic/hospital; ii. A business office; iii. A vehicle sales or rental establishment; or iv. A greenhouse/nursery or garden centre. b) The following shall be the only Residential uses permitted: c) An accessory dwelling house for use by the owner or employee of the permitted non-residential use. Zoning By-law 2001-58 141 d) Any use or change of use of the property for any of the above permitted uses shall be subject to septic system approval in accordance with Section 5.17 of this by-law. e) THAT all other provisions of By-law 2001-58 shall apply to the lands zoned RHC-12 17.5.13 Special Rural Highway Commercial-13 (RHC-13) By-law 2014-25 Part Lot 35, Concession A Notwithstanding any provisions of this by-law to the contrary, on lands zoned RHC-13 and shown on Schedule "A" attached, the following special provisions shall apply: a) Non-Residential uses permitted: the following shall be the only permitted non-residential uses: i. A business office; ii. A commercial garage; iii. A retail store; or iv. A Type 'A' home occupation, in addition to other permitted Highway Commercial uses. b) Any use or change of use of the property for any of the above permitted uses shall be subject to septic system approval in accordance with Section 5.17 of this By-law. 17.5.14 Special Rural Highway Commercial-14 (RHC-14) By-law 2015-12 Part Lot 26, Concession A 17.5.14.1 Permitted Uses: Notwithstanding any provisions of this By-law to the contrary, on lands zoned RHC-14 and shown on Schedule "A" attached, the following special provisions shall apply: 17.5.14.1 A retail store shall be a permitted use within the existing 413.61 square metres (4484 square feet), single storey building. 17.5.14.2 For purposes of this By-law a retail store shall include the uses as identified in By-law 2001-53, as amended, together with sales and rental of musical instruments as well as one-on-one music lessons, and accessory office space sufficient only to service such store. 17.5.14.3 Development of the Retail Outlet will be subject to Site Plan Control that may deal with issues such as external lighting, surface treatment of the parking area, fencing and vegetation buffering, and any other issue deemed appropriate by the Township. 17.5.15 Special Rural Highway Commercial 15 Holding (RHC 15-H) By-law 2015-48 Part Lot 35, Concession 9 being Part 1 and part of Part 2 on RP 39R-1557, and Part Lot 34 Concession 9, including Part 1 and part of Part 2 on RP 39R- 3112, and Parts 3, 4 and 5 on RP 39R-12634. Zone Requirements Zoning By-law 2001-58 142 Development of the lands zoned RHC-15-H shall not proceed until the 'holding' (H) symbol has been removed by way of amendment to this by-law in accordance with the provisions of the Planning Act, R.S.O., 1990. Council may consider a by-law to remove the 'holding' (H) symbol from the property upon completion of the following to the satisfaction of Council: a) A Servicing Options Report and Hydrogeological Investigation to determine how the development can be serviced, which may result in the requirement of a responsibility agreement between the developer and the township to ensure the long term operation and maintenance of the sewer and water systems; b) A Preliminary Stormwater Management Plan to determine any onsite stormwater storage and treatment facility requirements; c) A Traffic and Access Impact Assessment to determine the safety of the access location and impacts on county Road 28 and Rice Lake Drive; d) An Environmental Impact Study to identify impacts on the Provincially Significant wetland, the Oak Ridges Moraine, Area of natural and Scientific Interest (ANSI) and Rice Lake; e) An Archaeological Study in accordance with the Provincial Policy Statement to determine any cultural heritage impacts; f) A detailed site development plan; and g) A site plan agreement prepared in accordance with Section 41 of the Planning Act, R.S.O., 1990.