Balancing consistency and fairness - Hamilton rural zbl

NRU
May 6, 2015
By Edward LaRusic

Touted as necessary to bringing consistency and agricultural viability to rural Hamilton, a draft rural zoning by-law is receiving some pushback from rural councilors concerned that the new regulations willimpact existing businesses.

“The effect of the new rural zoning bylaw is going to impact a lot of the rural businesses, but particularly landscaping businesses,” said planning committee chair and Ward 15 Flamborough councillor Judi Partridge.

Policy planning and zoning by-law reform manager Joanne Hickey-Evans said Hamilton is updating its rural zoning by-law, in part, because its rural official plan was approved by the Ontario Municipal Board in March 2012 and the Planning Act requires an update to the zoning by-law within three years. But also because Hamilton currently has five rural zoning by-laws, and there was a need to harmonize them.

The new rural zoning by-law is to replace by-laws for Ancaster, Dundas, Flamborough, Glanbrook and Stoney Creek. It does not apply to areas subject to ongoing studies, or OMB appeals or those with pending Niagara Escarpment Commission decisions.

“The bottom line is the regulations and the uses, in some areas they were consistent and some areas they were very different,”

Hickey-Evans said. “One example would be the lot coverage for a greenhouse. It could range from a percentage of a lot area based on a certain size, to a blanket 60 or 70 per cent. The definition of agriculture was quite different. They also had different types of zoning in the rural areas. Some had old industrial parks, others had no such thing.”

Partridge said that increasing the viability of agricultural operations is a “step in the right direction.” However, the rural councillors are concerned about the impact the new rural zoning by-law will have on existing manufacturing and industrial businesses.

“We’re talking businesses that are doing $20- and $30-million per year in business. These are not small operations. The new zoning only allows what they’re doing now and doesn’t allow expansion.”

“Within the current rural zoning by-law, [such businesses, for example,] were allowed to not only do what they were doing, but have a list of additional businesses that could be done within that zoning. If they wanted to expand their business into another type of manufacturing then they could do that. That ensured not only the succession of the business, but also the future growth.”

Without that future growth, the value of their land could drop, said Partridge. That could impact the sale of their businesses as well as negotiations with banks which give loans based on the land value. The net effect she said could drive businesses to other municipalities.

The new categories in the draft rural zoning by-law generally match the designations in the Rural Hamilton Official Plan. The two largest categories correspond to agriculture and rural lands, with the former being more permissive.

At a packed March 31 public meeting, city planner Diana Yakhni told participants that the new zoning by-law will make it clearer as to what activities are permitted on both agricultural and rural lands.

“For example, the definition of agricultural is broader to include washing, sorting and on-site retailing of agricultural products, as well as to support the rural economy by permitting a broader range of agricultural-related and secondary uses, such as agri-tourism, cideries, wineries and breweries.”

Rural lands include all the uses permitted in the agriculture zone but also new commercial and industrial uses such as abattoirs and stand-alone agricultural processing and storage establishments.

The remaining land use categories are functionally grouped into four areas: existing rural commercial and industrial uses, open space and conservation hazard lands, rural settlement areas-which can include residential, commercial and institutional uses-and mineral aggregate extraction.

Hickey-Evans noted that there are some targeted area-specific issues that the city’s planning committee has asked staff to take another look at, such as recognizing existing rural landscape contractors in Ancaster and Flamborough and reviewing setbacks for abattoirs and feed lots. It has also asked staff to re-review the permitted uses within the Flamborough area.

A final report on the draft rural zoning by-law is expected at the planning committee meeting in June or July.