Comprehensive Zoning Bylaw

The Town of Pelham's new Comprehensive Zoning By-Law, approved in August of 2022, has come into effect following an appeal process.

On August 30, 2022, Council passed the new Comprehensive Zoning By-law, which resulted from a thorough public consultation process and extensive work by Town staff. In late September 2022, the By-law was appealed by a local property owner, and as a result, the Comprehensive Zoning By-law could not come into force while the appeal was pending. The Ontario Land Tribunal approved the order on Monday, April 3, 2023, with the result that the Comprehensive Zoning By-law is deemed to have come into force on August 30, 2022, except as it relates to the owner's lands that had appealed.

The Comprehensive Zoning By-law regulates the use of land throughout the Town of Pelham in accordance with Section 34 of the Planning Act. The Comprehensive Zoning By-law has been updated to conform to the Town Official Plan, Region of Niagara Official Plan and Provincial legislation. The effect of the Comprehensive Zoning By-law will be improved development parameters that help create a more attractive, prosperous and livable community.

"With fundamental shifts in the focus of the provincial, regional, and local policy framework since the previous 1987 zoning by-law," said director of community planning and development Barbara Wiens. "Pelham has worked with public consultation, staff and Council to align the Comprehensive Zoning By-law with the current planning policy framework at all levels of government."

The Comprehensive Zoning By-law is a hybrid, using contextual zoning primarily in the Town's greenfield areas and conventional zoning in the more built-up areas and rural agricultural areas of Pelham. The new Zoning By-law reflects the Town's unique community structure, encompassing well-developed and complete urban communities, existing development areas, new greenfield opportunities, a village, a hamlet, and diverse rural and agricultural land use.

The proposed new Comprehensive Zoning By-law has been appealed. Please check back for updates or contact staff for further details.

NOTICE OF PASSING

TOWN OF PELHAM COMPREHENSIVE ZONING BY-LAW AND

OFFICIAL PLAN AMENDMENT NO. 15 (HOUSEKEEPING)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 4481(2022) on August 30, 2022, being a by-law to regulate the use of land and the character, location and use of buildings and structures in the Town of Pelham, under Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, affecting all lands within the Town of Pelham.

AND TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-law No. 4482(2022) on August 30, 2022 being a by-law which adopts Official Plan Amendment No. 15 (Housekeeping) to the Town of Pelham Official Plan under Section 22 of the Planning Act, R.S.O. 1990, as amended.

AND TAKE NOTICE that Council of the Corporation of the Town of Pelham Considered all written and oral submissions received as part of the decision making process as outlined in Planning Staff’s recommendation report, which was presented to the Council on July 25, 2022. The report can be found online at https://events.pelham.ca/meetings.

AND FURTHER TAKE NOTICE that the last date for filing a notice of appeal to the Ontario Land Tribunal in respect of the By-laws is the 27^th day of September, 2022. A Notice of Appeal setting out the reasons for the appeal must be filed with the Community Planning and Development Department of the Town of Pelham and accompanied by the appropriate fee, as required by the Ontario Land Tribunal. For additional information regarding the Ontario Land Tribunal, please visit their website at www.olt.gov.on.ca.

The Notice of Appeal must:

1. Be filed with the Community Planning and Development Department of the Town of Pelham;
2. Set out the reasons for the appeal; and
3. Be accompanied by the fee prescribed by the Tribunal.

Only individuals, corporations and public bodies may appeal a by-law to the Ontario Land Tribunal (OLT). A notice of appeal may not be filed by an unincorporated association or group. However a notice of appeal may be filed in the name of an individual(s) who is a member of the association or group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed the person or public body made oral submissions at a public meeting or written submissions to the Council or, in the opinion of the OLT, there are reasonable grounds to add the person or public body as a party.

Purpose and Effect

The purpose and effect of the Comprehensive Zoning By-law is to regulate the use of land throughout the Town of Pelham in accordance with Section 34 of the Planning Act. The Comprehensive Zoning By-law have been updated to conform to the Town Official Plan, Region of Niagara Official Plan and Provincial legislation. The effect of the Comprehensive Zoning By-law will be improved development parameters that help create a more attractive, prosperous and livable community.

The purpose and effect of Official Plan Amendment No. 15 (Housekeeping) is to update the agriculture-related, on-farm diversified and value-added agricultural policies to align the current plan with updated Provincial policies. Additionally, OPA No. 15 introduces policies to delegate authority for minor amendments in accordance with Bill 13, Supporting People and Business Act, 2021. The effect of OPA No. 15 will to improve and clarify the existing policies around secondary agricultural uses and create more streamlined processes for development applications.

Public consultation on the Comprehensive Zoning By-law and Official Plan Amendment No. 15 was provided with public open houses on April 26, 27 and 28, 2022 and through notice published in the Voice of Pelham on May 24, 2022 with and the Statutory Public Meeting held on June 13, 2022.

Additional Information

The Complete By-laws passed as By-law 4481(2022) (Comprehensive Zoning By-law) and By-law 4482(2022)(Official Plan Amendment No. 15) and are available for inspection in the Community Planning office during regular business hours or on the Town’s project website at engagingpelham.ca. For more information about this matter, including information about appeal rights, please contact the Community Planning Department at:

Town of Pelham

Community Planning and Development Department

20 Pelham Town Square

Fonthill Ontario, L0S 1E0

Email: lrichardson@pelham.ca

Website: www.pelham.ca

DATED at the Town of Pelham, this 7th day of September, 2022.

HOLLY WILLFORD - CLERK

THE CORPORATION OF THE TOWN OF PELHAM

P. O. BOX 400, 20 PELHAM TOWN SQUARE

FONTHILL, ON L0S 1E0

Council, on August 30, 2022 will be considering the By-laws to adopt the new Town of Pelham Comprehensive Zoning By-law and accompanying Housekeeping Official Plan Amendment No. 15 for approval.

A copy of the new Zoning By-law and Official Plan Amendment No. 15 can be found to the right of this page.

New Town of Pelham Comprehensive Zoning By-law

The new Zoning By-law has been prepared under the requirements of Section 34 of the Planning Act and regulates the types of land uses and the character, height, location, size and massing of buildings for all lands within the Town. The Zoning By-law is the Town’s primary tool for implementing policies of an Official Plan, and translating high-level planning objectives and policies into detailed land use permissions including lot and building requirements. Zoning By-laws provide a legal method to manage land use and development, while protecting from land use conflicts and potentially hazardous land uses in the Town.

The new Zoning By-law will replace Town of Pelham By-law No.1136 (1987), as amended and, implement the policies of the Town’s Official Plan (2014) and provide new and updated zoning and development standards and mapping that reflect approved policy and regulatory initiatives at the Provincial and Regional levels.

Housekeeping Official Plan Amendment No. 15

The Housekeeping OPA has been prepared to update the agriculture-related, on-farm diversified, and value-added agriculture use policies to align the current plan with updated Provincial policies and permit and support the updated regulations proposed in the new Zoning By-law. This will improve and clarify the existing policies around secondary agricultural uses. Since the Official Plan was approved, the Provincial government has released guidelines on permitted uses in agricultural areas in 2019 that provide the framework for the policy guidance for the proposed Housekeeping OPA policies.

The Housekeeping OPA will also introduce policies to enable Council to delegate authority to pass minor by-laws under Section 34 of the Planning Act such as those to remove holding “H” symbols (holding by-laws), authorize the temporary use of land, buildings or structures (temporary use by-laws), approve agricultural purposes only by-laws, and to pass housekeeping by-laws for the purpose of making clerical or other changes to assist in the interpretation of the Zoning By-law to a Committee of Council, or an authorized officer or employee of the municipality.

If you would like more information on these documents please contact Lindsay Richardson at 905-892-2607 x 335 or via email at lrichardson@pelham.ca

Council, on August 22, 2022 will be considering the By-laws to adopt the new Town of Pelham Comprehensive Zoning By-law and accompanying Housekeeping Official Plan Amendment No. 15 for approval.

A copy of the new Zoning By-law and Official Plan Amendment No. 15 can be found to the right of this page.

New Town of Pelham Comprehensive Zoning By-law

The new Zoning By-law has been prepared under the requirements of Section 34 of the Planning Act and regulates the types of land uses and the character, height, location, size and massing of buildings for all lands within the Town. The Zoning By-law is the Town’s primary tool for implementing policies of an Official Plan, and translating high-level planning objectives and policies into detailed land use permissions including lot and building requirements. Zoning By-laws provide a legal method to manage land use and development, while protecting from land use conflicts and potentially hazardous land uses in the Town.

The new Zoning By-law will replace Town of Pelham By-law No.1136 (1987), as amended and, implement the policies of the Town’s Official Plan (2014) and provide new and updated zoning and development standards and mapping that reflect approved policy and regulatory initiatives at the Provincial and Regional levels.

Housekeeping Official Plan Amendment No. 15

The Housekeeping OPA has been prepared to update the agriculture-related, on-farm diversified, and value-added agriculture use policies to align the current plan with updated Provincial policies and permit and support the updated regulations proposed in the new Zoning By-law. This will improve and clarify the existing policies around secondary agricultural uses. Since the Official Plan was approved, the Provincial government has released guidelines on permitted uses in agricultural areas in 2019 that provide the framework for the policy guidance for the proposed Housekeeping OPA policies.

The Housekeeping OPA will also introduce policies to enable Council to delegate authority to pass minor by-laws under Section 34 of the Planning Act such as those to remove holding “H” symbols (holding by-laws), authorize the temporary use of land, buildings or structures (temporary use by-laws), approve agricultural purposes only by-laws, and to pass housekeeping by-laws for the purpose of making clerical or other changes to assist in the interpretation of the Zoning By-law to a Committee of Council, or an authorized officer or employee of the municipality.

If you would like more information on these documents please contact Lindsay Richardson at 905-892-2607 x 335 or via email at lrichardson@pelham.ca

Council, on July 25, 2022 will be considering the final (draft) comprehensive zoning by-law and accompanying Housekeeping Official Plan Amendment No. 15 for approval. A copy of the new Zoning By-law and Official Plan Amendment No. 15 can be found to the right of this page.

New Town of Pelham Comprehensive Zoning By-law

The new Zoning By-law has been prepared under the requirements of Section 34 of the Planning Act and regulates the types of land uses and the character, height, location, size and massing of buildings for all lands within the Town. The Zoning By-law is the Town’s primary tool for implementing policies of an Official Plan, and translating high-level planning objectives and policies into detailed land use permissions including lot and building requirements. Zoning By-laws provide a legal method to manage land use and development, while protecting from land use conflicts and potentially hazardous land uses in the Town.

The new Zoning By-law will replace Town of Pelham By-law No.1136 (1987), as amended and, implement the policies of the Town’s Official Plan (2014) and provide new and updated zoning and development standards and mapping that reflect approved policy and regulatory initiatives at the Provincial and Regional levels.

Housekeeping Official Plan Amendment No. 15

The Housekeeping OPA has been prepared to update the agriculture-related, on-farm diversified, and value-added agriculture use policies to align the current plan with updated Provincial policies and permit and support the updated regulations proposed in the new Zoning By-law. This will improve and clarify the existing policies around secondary agricultural uses. Since the Official Plan was approved, the Provincial government has released guidelines on permitted uses in agricultural areas in 2019 that provide the framework for the policy guidance for the proposed Housekeeping OPA policies.

The Housekeeping OPA will also introduce policies to enable Council to delegate authority to pass minor by-laws under Section 34 of the Planning Act such as those to remove holding “H” symbols (holding by-laws), authorize the temporary use of land, buildings or structures (temporary use by-laws), approve agricultural purposes only by-laws, and to pass housekeeping by-laws for the purpose of making clerical or other changes to assist in the interpretation of the Zoning By-law to a Committee of Council, or an authorized officer or employee of the municipality.

If you would like more information on these documents please contact Lindsay Richardson at 905-892-2607 x 335 or via email at lrichardson@pelham.ca

Notice of Public Meeting

DATE: June 13, 2022 at 5:30 PM

PLACE: This hearing will be held remotely by Zoom Webinar.

Town Council approved Public Hearings to be held remotely during an emergency via By-law No. 4422 (2022). The Town of Pelham will be livestreaming this Public Meeting at the following link: https://www.youtube.com/user/TownOfPelham

TAKE NOTICE that Council for the Town of Pelham will be holding an electronic Public Meeting for a New Comprehensive Zoning By-law and accompanying Housekeeping Official Plan Amendment (Housekeeping OPA) in accordance with Sections 22 and 34 of the Planning Act, R.S.O.1990, as amended. The purpose of the electronic public meeting is to provide the public with an opportunity to understand and comment on the proposed Zoning By-law and Housekeeping OPA which both will be applicable to all lands within the Town except areas subject to the Niagara Escarpment Plan permit area.

PURPOSE OF THE NEW COMPREHENSIVE ZONING BY-LAW

A Zoning By-law is prepared under the requirements of Section 34 of the Planning Act and regulates the types of land uses and the character, height, location, size and massing of buildings for all lands within the Town. The Zoning By-law is the Town’s primary tool to regulate the use of all land in the Town. The new Comprehensive Zoning By-law will replace Town of Pelham Zoning By-law No. 1136 (1987) and implement the policies of the Town’s Official Plan and provided new and updated zoning and development standards that reflect policy and regulatory initiatives at the provincial and regional level.

PURPOSE OF THE HOUSEKEEPING OFFICIAL PLAN AMENDMENT

A Housekeeping OPA is being proposed to update the agriculture-related, on-farm diversified and value-added agricultural use policies to align the current plan with updated Provincial policies and permit and support the updated regulations proposed in the New Zoning By-law. This will improve and clarify the existing policies around secondary agricultural uses.

The Housekeeping OPA will also introduce policies to enable Council to delegate the authority to pass by-laws under Section 34 of the Planning Act to removing holding “H” symbols (holding by-laws), authorize the temporary use of land, buildings or structures (temporary use by-laws) and to pass housekeeping by-laws for the purpose of making clerical or other changes to assist in the interpretation of the Zoning By-law to a Committee of Council, or an authorized officer or employee of the municipality.

The Town is seeking input and feedback on both the proposed New Comprehensive Zoning By-law and the Housekeeping OPA.

WRITTEN SUBMISSIONS

Input on the proposed draft Zoning By-law and Housekeeping OPA is welcome and encouraged. Unless indicated otherwise, personal information and all comments will become part of the public record and may be publicly released. To provide input in writing, or to request personal notice if the proposed Zoning By-law and Housekeeping OPA are approved, please send all correspondence by 12:00 PM on Wednesday, June 1, 2022 for inclusion in the public meeting agenda package c/o Town Clerk, Holly Willford, PO Box 400, 20 Pelham Town Square, Fonthill, Ontario L0S 1E0, or by email at hwillford@pelham.ca. Comments and requests received after this date will still be received by Council, however they may not be published as part of the public meeting agenda.

HAVE YOUR SAY

To participate at the public meeting you must pre-register with the Clerks office by sending an email to clerks@pelham.ca before 12:00 PM on Friday, June 10^th, 2022. All registrants will be provided with instructions on how to use your computer, tablet or phone to participate in the Public Meeting. Registrants will also be notified of Council’s decision. If you have not submitted written comments or pre-registered before the aforementioned deadlines, but wish to submit comments during the Public Meeting, you may livestream the meeting from the Town of Pelham’s YouTube channel and email comments to clerks@pelham.ca during the public commenting portion of the subject applications only. If your comments are not received prior to the closing of the public commenting portion of the meeting, they will not be considered.

MORE INFORMATION

For more information, please contact Lindsay Richardson, MCIP, RPP, Senior Planner, at 905-980-6675 or 905-892-2607 ext. 335, or via email at lrichardson@pelham.ca.

A copy of the Information Report regarding the proposed application as well as any additional information may be obtained on the Town’s website at http://calendar.pelham.ca/council or from the Community Planning and Development Department by appointment after 4:30 pm on Wednesday, June 8, 2022.

IMPORTANT INFORMATION:

If a person or public body would otherwise have an ability to appeal the decision of the Town of Pelham’s Municipal Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written statements to the Town of Pelham before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Town of Pelham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Electronic Public Meeting Procedures & How to Get Involved in a Town of Pelham Zoom Public Meeting

All Town of Pelham in person Public Meetings have been cancelled, instead the Town is holding all Public Meetings electronically via Zoom. Electronic Public Meetings have proven to be effective however the public can also participate and have their concerns heard by making written submissions and speaking directly with Town staff.

Notice of Public Meeting A Notice of Public Meeting was placed in the May 24, 2022 Voice of Pelham. The Public Meeting Notice can also be found at the Town of Pelham website for all applications being heard by electronic meetings: www.pelham.ca/public-notices

How to Submit Comments Public input on applications is invited. During this time, written comments are encouraged as the preferred method of receiving public input. Written comments may be sent by mail or e-mail to the attention of the Clerk. You may also drop written comments off at Town Hall in the drop box. You may also provide oral input by joining the electronic meeting.

Written Comments Please provide written input by mailing or e-mailing your comments to the Clerk by the date indicated on the Public Notice. You may also drop off written comments to Town Hall in the drop box.

Oral Submissions To participate in the remote electronic public meeting to provide oral input, please pre-register with the Clerk by telephone or email by the date indicated on the Public Notice. All registrants will be provided in advance of the meeting instructions on how to use your computer, tablet or phone to participate in the electronic meeting.

Please note, the Clerk will provide you the Zoom link and password in advance of the meeting. This is for pre-registered participants only and is not to be shared with others.

View the Meeting – E-mail Comments Live The remote electronic meeting can be viewed by live-streamed on the Town’s YouTube Channel at https://www.youtube.com/user/TownOfPelham. While viewing the meeting live you may submit comments during your application of interest to: clerks@pelham.ca. Please note, if your comments are submitted after the public portion of the application you are interested in has been closed, your comments will not be considered. This method of public participation is not the preferred method as you may not submit your comments in time. Use this method at your own risk and the Town is not responsible for any livestream lag, disconnection or internet failures.

For more information, please contact:

Clerk, 20 Pelham Town Square, P.O. Box 400, Fonthill ON L0S 1E0 905-980-6657 hwillford@pelham.ca

Deputy Clerk, 20 Pelham Town Square, P.O. Box 400, Fonthill ON L0S 1E0 905-980-6662 sleach@pelham.ca

Attend one of the upcoming in-person drop-in sessions or online sessions to speak with planning staff, have your questions answered and view proposed zoning maps.

Tuesday, April 26, 2022 Pelham Fire Station #2

766 Welland Road, Fenwick

2:00pm - 4:00pm and 5:00pm - 7:00pm

Wednesday, April 27, 2022

Pelham Fire Station #3 2355 Cream Street, North Pelham

2:00pm - 4:00pm and 5:00pm - 7:00pm

Thursday, April 28, 2022

Meridian Community Centre 100 Meridian Way, Fonthill

2:00pm - 4:00pm and 5:00pm - 7:00pm

Register to participate virtually via zoom webinar.

Thursday, May 5, 2022 Zoom Webinar 5:30pm - 7:30pm

Pre-register by noon May 3, 2022 by emailing lrichardson@pelham.ca

The Town of Pelham is continuing to prepare a new Comprehensive Zoning By-law

The Zoning By-law is the Town’s primary tool to regulate the use of all land in the Town; it divides land into various zone categories (i.e. residential, commercial), and establishes what uses are permitted and where buildings can be located on a property. The new Zoning By-law is a hybrid model using contextual zoning primarily in the greenfield areas of the Town and more conventional zoning in the built-up, rural and agricultural areas of the Town. This hybrid model will permit more flexibility, and better represents current development trends and diversity of uses in the Town.

• The new draft Zoning By-law can be viewed on this web page. See the draft and schedules on the right-hand side of this page.
• If you wish to view a hard copy of the draft Zoning By-law, please contact the project team as noted on the right-hand side of this page.

Staff will be hosting several open house sessions in the spring and welcome community input! Stay tuned to this site for further information and consultation dates!

Any questions, comments or concerns can be directed to the project team - Town staff look forward to hearing from you!.

A Zoning By-law allows the Town to regulate:

• how land or buildings are used
• the type of building that can be constructed
• where buildings can be located (i.e., number of metres a building must be set back from the street)
• how tall a building can be
• landscaping requirements
• how many residential units may be constructed
• how small or large a property may be
• the number of off-street parking spaces
• and other features related to the use of land

The Zoning Bylaw is legally enforceable. Land uses that do not meet the bylaw requirements are not allowed without an amendment or variance to the bylaw.