M12 zone, Hamilton: Extractive Industrial (M12) Zone

What the M12 zone permits

• Agriculture
• Community Garden
• Conservation
• Mineral Aggregate Operation
• Recreation, Passive
• Secondary Uses to Agriculture (Agricultural Processing Establishment - Secondary; Agricultural Research Operation; Agritourism; Home Industry; Kennel; Agricultural Brewery/Cidery/Winery; Landscape Contracting Establishment - Secondary)

Standards

Other provisions in this section

• Prohibited use (9.12.2): a snow storage facility greater than 0.01 ha in size below the water table.
• Agriculture outdoor storage (9.12.3.1 f): not permitted in any Front Yard or Flankage Yard; must be at least 20.0 m from any lot line and screened by a visual barrier per Section 4.19; does not apply to storage/parking of agricultural vehicles or equipment.
• Accessory buildings per Section 4.8; parking per Section 5 of the By-law (9.12.3.1 g, h; 9.12.3.4 e, f).
• Small scale retailing of agricultural products (9.12.3.1 i): max 200.0 m2 GFA of buildings/structures for retailing products grown primarily on the farm, excluding a Farm Produce/Product Stand; not permitted within a Dwelling or Farm Labour Residence; Farm Produce/Product Stand max 18.5 m2 GFA and permitted in any yard notwithstanding 9.12.3.1 b), c), d) and 4.8.2 a).
• Farm Labour Residence accessory to Agriculture (9.12.3.1 j): max building height 10.5 m; aggregate max lot coverage 420 m2; each unit max 200 m2 GFA; min 30 m separation from the principal Farm Dwelling; min 10 m separation between Farm Labour Residences; in addition to Section 5, min 1 parking space per Farm Labour Residence where there is no principal farm dwelling on the lot.
• Mushroom Operations (9.12.3.1 k): buildings/structures set back min 30.0 m from any lot line; no stockpiles of waste, manure, fertilizer or compost within 30.0 m of any lot line.
• Nursery (9.12.3.1 l): retailing per 9.12.3.1 i); outdoor unenclosed piles of bulk material max 100.0 m2 aggregate area.
• Cannabis Growing and Harvesting Facility (9.12.3.1 m): new buildings max 2,000.0 m2 GFA (existing buildings may be used); testing, packaging and shipping must be accessory; buildings set back min 150 m from any lot line abutting an S1, S2 or S3 Zone or from any existing residential dwelling unit, farm labour residence, mobile home, educational establishment, residential care facility, place of worship, day care or park (notwithstanding 4.12 c); all buildings min 30.0 m from any lot line; no outdoor storage; retail sales per 9.12.3.1 i).
• Secondary Uses to Agriculture (9.12.3.2): min lot area 5.0 ha notwithstanding 9.12.3.1 a) and 4.12 d); only one Home Industry or one Landscape Contracting Establishment - Secondary per lot.
• Agricultural Processing Establishment - Secondary (9.12.3.2 d): max 500.0 m2 GFA; buildings min 30.0 m from any lot line; outdoor storage per 9.12.3.1 f) and max 100.0 m2 aggregate.
• Agritourism (9.12.3.2 e): max 500.0 m2 GFA of buildings/structures.
• Home Industry (9.12.3.2 f): buildings min 15.0 m from any lot line and max 250.0 m2 GFA; operated by a resident with max 3 non-resident employees; outdoor storage per 9.12.3.1 f) max 100.0 m2 aggregate; max three associated Motor Vehicles parked unenclosed (notwithstanding 5.3 b), others including all commercial vehicles in an enclosed building (not applicable to agricultural vehicles/equipment).
• Kennel (9.12.3.2 g): max 500.0 m2 GFA; buildings min 60.0 m from any lot line; no domestic animals kept in any open area within 60.0 m of a lot line.
• Agricultural Brewery/Cidery/Winery (9.12.3.2 h): only on a lot of min 4.0 ha with min 2.0 ha growing grapes, fruits, hops or other produce for on-site production; max 500.0 m2 GFA excluding basement/cellar, of which max 25% may be retail and/or hospitality/tasting.
• Landscape Contracting Establishment - Secondary (9.12.3.2 i): only as a use secondary to a Nursery; on lots 7.0 ha or greater, min 65% of the lot area zoned A1, A2 and/or P6 used for nursery growing; on lots under 7.0 ha, min 50%; in no case less than 3.0 ha; buildings min 15.0 m from any lot line and total max 250.0 m2 GFA; outdoor storage max 100.0 m2 aggregate, min 30 m from any lot line and screened per Section 4.19; max three associated Motor Vehicles parked unenclosed (others enclosed; not applicable to agricultural vehicles or employee vehicles); unenclosed parking areas screened per Section 4.19.
• Mineral Aggregate Operation - excavation setback (9.12.3.4 a): 30.0 m from a lot line abutting an S1 Zone or a property containing a residential use; 30.0 m from a street line; 15.0 m from all other lot lines, not required adjacent to M12-zoned lands.
• Mineral Aggregate Operation - buildings/structures including processing plants (9.12.3.4 b): 90.0 m from a lot line abutting an S1 Zone or a property containing a residential use; 30.0 m from all other lot lines, not required adjacent to M12-zoned lands.
• Mineral Aggregate Operation - stockpiles of aggregate, topsoil or overburden (9.12.3.4 c): not within 90.0 m of a lot line abutting an S1 Zone or residential use; not within 30.0 m of other lot lines except adjacent to M12-zoned lands.
• Mineral Aggregate Operation - landscape and fencing (9.12.3.4 d): min 1.2 m high fence around the licensed boundary (not required adjacent to M12 lands); Planting Strip min 6.0 m wide adjacent to a street line and any lot line abutting an S1 Zone or residential use, may include a berm or fence.
• Community Garden (9.12.3.5): per Section 4.27 of the By-law.