Comprehensive Zoning Bylaw

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April 5 Update:

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.


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March 2022

The Zoning By-law, By‐law No. 1136 for the Town of Pelham, was originally approved in 1987. Zoning By-law No. 1136 is out of date and requires updating as a significant period of time has elapsed since it was originally prepared more than 30 years ago. It needs to be representative of current development trends and should be made to be more flexible to respond to future changes as well. Further, the Zoning By-law needs to be updated to conform with the Town Official Plan.

There have been some fundamental shifts in the focus of the Provincial, Regional and local policy framework since the original 1987 zoning by-law. The Town of Pelham has the responsibility as a municipality to bring the Zoning By-law in line with the current policy framework at all levels of government.

Click here for additional information about the current Town of Pelham By-Law.

April 5 Update:

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.


****

March 2022

The Zoning By-law, By‐law No. 1136 for the Town of Pelham, was originally approved in 1987. Zoning By-law No. 1136 is out of date and requires updating as a significant period of time has elapsed since it was originally prepared more than 30 years ago. It needs to be representative of current development trends and should be made to be more flexible to respond to future changes as well. Further, the Zoning By-law needs to be updated to conform with the Town Official Plan.

There have been some fundamental shifts in the focus of the Provincial, Regional and local policy framework since the original 1987 zoning by-law. The Town of Pelham has the responsibility as a municipality to bring the Zoning By-law in line with the current policy framework at all levels of government.

Click here for additional information about the current Town of Pelham By-Law.

Ask your question

Have questions about the Comprehensive Zoning Bylaw? 

If you would like to schedule a one-on-one conversation? Email lrichardson@pelham.ca to set a date and time or call directly at 905-980-6675. 

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  • Share Why does Pelham continue to build build build? It used to be such a nice small and quiet town. Now though, people who want that kind of town, hey, build more homes until it looks like what these people are trying to get away from? It doesn't make any sense at all. Please stop all of the building. I grew up in a very small town where pretty much everyone knew everyone but not their business so much. They built up there just like they are doing here. Don't know if we are part of the green belt but at this point, where's the green? on Facebook Share Why does Pelham continue to build build build? It used to be such a nice small and quiet town. Now though, people who want that kind of town, hey, build more homes until it looks like what these people are trying to get away from? It doesn't make any sense at all. Please stop all of the building. I grew up in a very small town where pretty much everyone knew everyone but not their business so much. They built up there just like they are doing here. Don't know if we are part of the green belt but at this point, where's the green? on Twitter Share Why does Pelham continue to build build build? It used to be such a nice small and quiet town. Now though, people who want that kind of town, hey, build more homes until it looks like what these people are trying to get away from? It doesn't make any sense at all. Please stop all of the building. I grew up in a very small town where pretty much everyone knew everyone but not their business so much. They built up there just like they are doing here. Don't know if we are part of the green belt but at this point, where's the green? on Linkedin Email Why does Pelham continue to build build build? It used to be such a nice small and quiet town. Now though, people who want that kind of town, hey, build more homes until it looks like what these people are trying to get away from? It doesn't make any sense at all. Please stop all of the building. I grew up in a very small town where pretty much everyone knew everyone but not their business so much. They built up there just like they are doing here. Don't know if we are part of the green belt but at this point, where's the green? link

    Why does Pelham continue to build build build? It used to be such a nice small and quiet town. Now though, people who want that kind of town, hey, build more homes until it looks like what these people are trying to get away from? It doesn't make any sense at all. Please stop all of the building. I grew up in a very small town where pretty much everyone knew everyone but not their business so much. They built up there just like they are doing here. Don't know if we are part of the green belt but at this point, where's the green?

    thenightcrawler asked over 3 years ago

    Thank you for your comments.

    Within the urban areas of Pelham, development is permitted, conversely, development is restricted outside of the urban areas due to the Greenbelt Plan and the Town's Agricultural policies. 

    All communities are dynamic and need to continue to grow, it is not a chance of "if we grow" but "how we grow" that is fundamental.

  • Share Why wouldn't the town take the necessary steps to keep Pelham a town within nature. Have bylaws that allocate less clear cutting for new builds. It seems our town is selling out our identity for the concrete jungle approach. on Facebook Share Why wouldn't the town take the necessary steps to keep Pelham a town within nature. Have bylaws that allocate less clear cutting for new builds. It seems our town is selling out our identity for the concrete jungle approach. on Twitter Share Why wouldn't the town take the necessary steps to keep Pelham a town within nature. Have bylaws that allocate less clear cutting for new builds. It seems our town is selling out our identity for the concrete jungle approach. on Linkedin Email Why wouldn't the town take the necessary steps to keep Pelham a town within nature. Have bylaws that allocate less clear cutting for new builds. It seems our town is selling out our identity for the concrete jungle approach. link

    Why wouldn't the town take the necessary steps to keep Pelham a town within nature. Have bylaws that allocate less clear cutting for new builds. It seems our town is selling out our identity for the concrete jungle approach.

    Carter asked over 3 years ago

    Thank you for your comments.

    The new Comprehensive Zoning Bylaw will include protection of the natural environment through the Environmental Protection Zones. However, significant environmental features are already protected and will continue to be.  Currently, the Town is developing a Tree Cutting Policy on public lands. 

  • Share I have 4 questions pertaining to the Residential Zones and Greenfield Development of Kunda Park: 1) What will be done to ensure that PSW areas remain protected, and that natural green spaces will be incorporated into the housing area? 2) What allowances will there be for cyclists and pedestrians, specifically walking paths, sidewalks, and cycling lanes in the next phase of Kunda Park development? 3) What amenities and infrastructure will be incorporated into Kunda Park to support both existing and increased population and housing? 4) What price range are the homes projected to fall in? Specifically, how will Pelham's shortage of affordable housing be addressed with the new builds approved for Kunda Park? Thank you, Colleen Kenyon on Facebook Share I have 4 questions pertaining to the Residential Zones and Greenfield Development of Kunda Park: 1) What will be done to ensure that PSW areas remain protected, and that natural green spaces will be incorporated into the housing area? 2) What allowances will there be for cyclists and pedestrians, specifically walking paths, sidewalks, and cycling lanes in the next phase of Kunda Park development? 3) What amenities and infrastructure will be incorporated into Kunda Park to support both existing and increased population and housing? 4) What price range are the homes projected to fall in? Specifically, how will Pelham's shortage of affordable housing be addressed with the new builds approved for Kunda Park? Thank you, Colleen Kenyon on Twitter Share I have 4 questions pertaining to the Residential Zones and Greenfield Development of Kunda Park: 1) What will be done to ensure that PSW areas remain protected, and that natural green spaces will be incorporated into the housing area? 2) What allowances will there be for cyclists and pedestrians, specifically walking paths, sidewalks, and cycling lanes in the next phase of Kunda Park development? 3) What amenities and infrastructure will be incorporated into Kunda Park to support both existing and increased population and housing? 4) What price range are the homes projected to fall in? Specifically, how will Pelham's shortage of affordable housing be addressed with the new builds approved for Kunda Park? Thank you, Colleen Kenyon on Linkedin Email I have 4 questions pertaining to the Residential Zones and Greenfield Development of Kunda Park: 1) What will be done to ensure that PSW areas remain protected, and that natural green spaces will be incorporated into the housing area? 2) What allowances will there be for cyclists and pedestrians, specifically walking paths, sidewalks, and cycling lanes in the next phase of Kunda Park development? 3) What amenities and infrastructure will be incorporated into Kunda Park to support both existing and increased population and housing? 4) What price range are the homes projected to fall in? Specifically, how will Pelham's shortage of affordable housing be addressed with the new builds approved for Kunda Park? Thank you, Colleen Kenyon link

    I have 4 questions pertaining to the Residential Zones and Greenfield Development of Kunda Park: 1) What will be done to ensure that PSW areas remain protected, and that natural green spaces will be incorporated into the housing area? 2) What allowances will there be for cyclists and pedestrians, specifically walking paths, sidewalks, and cycling lanes in the next phase of Kunda Park development? 3) What amenities and infrastructure will be incorporated into Kunda Park to support both existing and increased population and housing? 4) What price range are the homes projected to fall in? Specifically, how will Pelham's shortage of affordable housing be addressed with the new builds approved for Kunda Park? Thank you, Colleen Kenyon

    KenyonC asked over 3 years ago

    Thank you for your questions.

    Kunda Park is proceeding through a separate subdivision and rezoning process that is independent of the Comprehensive Zoning By-law Review. Based on the outcome of Council's decision regarding the Kunda Park development applications, will be included in the new Comprehensive Zoning By-law.

    Currently, the proposal does not permit development within a Provincially Significant Wetland (PSW).

    Staff is unaware of what the projected cost will be as it is too early on in the process to determine.

       

  • Share Will all properties north of Kilman Road be re zoned to SA from A on Facebook Share Will all properties north of Kilman Road be re zoned to SA from A on Twitter Share Will all properties north of Kilman Road be re zoned to SA from A on Linkedin Email Will all properties north of Kilman Road be re zoned to SA from A link

    Will all properties north of Kilman Road be re zoned to SA from A

    Mike asked over 3 years ago

    Thank you for your question.

    The properties that are located North of Kilman Road will continue to be zoned Specialty Agriculture as they fall within the Greenbelt Plan area as well as the Niagara Escarpment Plan area.

    The Greenbelt Plan, 2017 applies to lands designated Specialty Agricultural and Rural Settlement Area (North Pelham) in the Town’s Official Plan. The Specialty Agricultural areas are designated Protected Countryside and Niagara Peninsula Tender Fruit and Grape Area and the Rural Settlement Area is designated settlement area in the Greenbelt Plan.

    The Niagara Escarpment Plan, 2017 (NEP) applies to lands designated Niagara Escarpment Plan Area in the Town of Pelham Official Plan, 2014. Policies of the NEP apply to these lands. Areas within the Town of Pelham are designated Escarpment Rural Area, Escarpment Protection Area and Escarpment Natural Area.

  • Share I noticed in zone A and SA it says Home Industries allowed what is a home industry? on Facebook Share I noticed in zone A and SA it says Home Industries allowed what is a home industry? on Twitter Share I noticed in zone A and SA it says Home Industries allowed what is a home industry? on Linkedin Email I noticed in zone A and SA it says Home Industries allowed what is a home industry? link

    I noticed in zone A and SA it says Home Industries allowed what is a home industry?

    Mike asked over 3 years ago

    Thank you for your question regarding Home Industries within the Agricultural and Specialty Agricultural zones.  

    The DRAFT zoning by-law defines Home Industry as a small scale operation of an industrial nature conducted entirely within a building or part of an accessory building to a single detached dwelling such as a welding shop, machine shop or large animal vet clinic, but does not include the repairing, storage or recycling of motor vehicles, recreational vehicles or heavy equipment.

    For more detail please refer to Section 7.6.2 of the General Provisions which outlines the provisions specific to establishing a Home Industry. 


  • Share Will the Town of Pelham be reviewing the bylaw relating to backyard chickens? Other cities within the region allow backyard chickens. With the push to grow our own food, it would make sense to allow chickens for the purpose of providing eggs. No roosters should be allowed as they provide no benefit. on Facebook Share Will the Town of Pelham be reviewing the bylaw relating to backyard chickens? Other cities within the region allow backyard chickens. With the push to grow our own food, it would make sense to allow chickens for the purpose of providing eggs. No roosters should be allowed as they provide no benefit. on Twitter Share Will the Town of Pelham be reviewing the bylaw relating to backyard chickens? Other cities within the region allow backyard chickens. With the push to grow our own food, it would make sense to allow chickens for the purpose of providing eggs. No roosters should be allowed as they provide no benefit. on Linkedin Email Will the Town of Pelham be reviewing the bylaw relating to backyard chickens? Other cities within the region allow backyard chickens. With the push to grow our own food, it would make sense to allow chickens for the purpose of providing eggs. No roosters should be allowed as they provide no benefit. link

    Will the Town of Pelham be reviewing the bylaw relating to backyard chickens? Other cities within the region allow backyard chickens. With the push to grow our own food, it would make sense to allow chickens for the purpose of providing eggs. No roosters should be allowed as they provide no benefit.

    Tony Oudshoorn asked over 3 years ago

    Thank you so much for your question.  We are currently looking at provisions with respect to backyard chickens.  These provisions will be included in the Residential zoning sections that will be posted on the engagingpelham.ca webpage from April 5 - April 16, 2021 for review and comment.  

  • Share I see developments all around fonthill but I am still waiting for water and sewage. Still pay taxes for services I don’t receive. When are we going to have services in existing residential areas? on Facebook Share I see developments all around fonthill but I am still waiting for water and sewage. Still pay taxes for services I don’t receive. When are we going to have services in existing residential areas? on Twitter Share I see developments all around fonthill but I am still waiting for water and sewage. Still pay taxes for services I don’t receive. When are we going to have services in existing residential areas? on Linkedin Email I see developments all around fonthill but I am still waiting for water and sewage. Still pay taxes for services I don’t receive. When are we going to have services in existing residential areas? link

    I see developments all around fonthill but I am still waiting for water and sewage. Still pay taxes for services I don’t receive. When are we going to have services in existing residential areas?

    Vandrbest asked over 3 years ago

    Thank you so much for your comment.  To better answer your question regarding services, please email me at tlotoole@pelham.ca with your property address and I would be happy to look into this further.

  • Share When will the next Public Meeting on this topic be held? And are you going to inform all taxpayers of Pelham of the next meeting by mail and have more than one notice in the local Paper? on Facebook Share When will the next Public Meeting on this topic be held? And are you going to inform all taxpayers of Pelham of the next meeting by mail and have more than one notice in the local Paper? on Twitter Share When will the next Public Meeting on this topic be held? And are you going to inform all taxpayers of Pelham of the next meeting by mail and have more than one notice in the local Paper? on Linkedin Email When will the next Public Meeting on this topic be held? And are you going to inform all taxpayers of Pelham of the next meeting by mail and have more than one notice in the local Paper? link

    When will the next Public Meeting on this topic be held? And are you going to inform all taxpayers of Pelham of the next meeting by mail and have more than one notice in the local Paper?

    Mike Jones asked over 3 years ago

    Hi Mike,

    Thank you for your question.

    At this time we are aiming to hold the Statutory Public Meeting in the fall of 2021. 

    The notification of the Statutory Public Meeting under the Planning Act Regulation requires that notice must be provided at least 20 days in advance of the meeting through the local newspaper.

    The Town will also provide notification through the engagingpelham.ca website, social media and the Town's website.

    Please continue to visit engagingpelham.ca for updates as we move through this process. 


Page last updated: 06 Apr 2023, 07:35 AM