On April 30, the City of Hamilton proposed adding the Sign By-Law (10-197) to the Administrative Penalty System By-Law (17-225). This effectively means that real estate signs (open house, for sale lawn signs) that do not adhere to the current City of Hamilton Sign By-Law will receive fines of approximately $50-$100 per infraction.
This change will be going before Hamilton City Council on Wednesday, May 8 where we anticipate it will be approved.
Below are some of the proposed fines that will have a direct impact on REALTORS® conducting business in Hamilton:
Open House Directional Sign – Each has a related fine of $100
Permit/display open house directional sign before 10 a.m. of the day of the open house
Permit/display open house directional sign after 6 p.m. of the day of the open house
Permit/display open house directional sign with more than 0.5m² sign area
Permit/display open house directional sign on a traffic island
Permit/display open house directional sign on median
Permit/display open house directional sign attached to light standard
Permit/display open house directional sign attached to a utility pole
Permit/display open house directional sign less than 0.3m from the sidewalk
Real Property Sale/Lease/Rent Sign – Each has a related fine of $100
Permit/display real property sale/lease/rent sign for more than 14 days after a firm sale is reported to the local realtors
Permit/display real property sale/lease/rent sign for one dwelling more than 0.6m² sign area
Permit/display real property sale/lease/rent sign for other than one dwelling more than 4.0m² sign area
Permit/display real property sale/lease/rent sign with illumination
Permit/display real property sale/lease/rent sign on property not being sold/leased/rented
Penalties and Enforcement – Each has a related fine of $500
Person contravened a provision of the Sign By-Law
Person failed to comply with an order made under Sign By-Law
Please see below for links to previous blog posts regarding Sign By-Laws:
In HSAP, the Ontario Government is working on cutting red tape and reducing regulations so the people of Ontario can build homes that will both meet their needs and budget. Additionally, the Ontario Government’s plan will, as a result, spur innovation while protecting tenants, health and safety, cultural heritage, and the environment.
Overall, the Ontario Government is working to address Ontario’s housing crisis by providing a plan that will make housing both affordable and effortless to build. The Ontario Government is planning to do so in five ways:
Make the development approval process faster
Make costs more predictable when building a new home
Make a mix of different types of housing
Make it easier to build rental housing
Make the Ontario housing sector more innovative by encouraging creative housing designs and materials
In addition to previously-announced initiatives for housing, the HSAP specifically speaks to legislation and policy changes to increase housing supply, protection of historical and environmental resources, increasing rental resources, and consumer protection. These are outlined below.
Making it Easier to Build More Housing
The Ontario Government is attempting to make it easier to build new housing by proposing amendments to various legislation and regulatory processes:
New planning decision timeline of 120 days for official plans, 90 days for zoning by-laws, and 120 days for plans of subdivisions
Make it easier to create residential units above garages for detached, semi-detached, and row houses in both the primary dwelling and ancillary building or structure
Build both housing and affordable housing near transit
Streamline the planning approval process to 45 days to help municipalities implement community planning permit systems
Create the new community benefits authority to make upfront development costs more predictable by replacing the existing density bonus provision
Create more clarity on what communities and developers can build and where to build
Local Planning Appeal Tribunal:
Hire more adjudicators to help address the backlog of legacy cases
Ensure the tribunal has the power and resources needed
Allow the tribunal to make planning decisions in place of Council
Provincial Policy Statement
Encourage the development of more and different types of housing
Reduce costs for developers and provide greater predictability
Update planning and development policies to reflect Ontario’s changing needs
Development Charges Act
Reduce the costs to build priority housing types, such as second units
Fully cover municipality waste diversion costs
Make the costs of development clear from the outset
Ontario Building Code
Remove the requirement that all new homes include the infrastructure for an electric vehicle charge station
Harmonize Ontario Code with National Codes to open new markets for manufacturing and bring building costs down
Protecting Natural and Historic Resources
The Ontario Government will aim to maintain national and historic resources protected by proposing amendments to various legislation:
Ontario Heritage Act
Maintain local control over heritage conservation decisions while providing clear direction and timelines for local decision makers
Ensuring municipal decisions on designation and alternations to heritage properties can be appealed to the Local Planning Appeal Tribunal (LPAT), whose decisions are binding
The President of the Treasury Board, Peter Bethlenfalvy, was in Hamilton on April 12 to provide a brief overview of the budget and answer questions. RAHB asked, “How will the Ontario Government, through the 2019 Budget, help Ontarians to afford a home (both rent and own) comfortably?” Mr. Bethlenfalvy’s answer is in the below video.
On Wednesday, April 10 the Hamilton Chamber of Commerce hosted the annual Mayor’s Breakfast. A table of RAHB representatives attended and a question was asked on behalf of the association about affordable housing.
Mayor Eisenberger mentioned that they will be looking into secondary or accessory suites to increase rental stocks, as well as lane way housing.
On February 19 and March 25, the City of Hamilton Development Charges Stakeholder Sub-Committee met to review the proposal for exemptions and changes to the current development charges, and vote as to which changes/exemptions would be put forward for public consultation. RAHB participates within this sub-committee.
There will be a public meeting held on April 18 starting at 9:30 a.m., then recessed until 7 p.m. to ensure members of the public are able to attend and present their delegations.
The Committee considered the staff recommendations and alternative recommendations for the following Development Charges exemption policies:
(i) Parking Structures
That the 2019 Development Charges By-law not provide an exemption for commercial parking.
(ii) Covered Sports Field
That the 2019 Development Charges By-law not provide an exemption for covered sports fields.
(iii) Small Industrial Rate
That the 2019 Development Charges By-law not provide a lower rate for small industrial developments.
(iv) Academic – Post Secondary / Not-for-Profit / Elementary/Secondary
That the 2019 Development Charge By-law continue to charge only the Transit component of the Development Charges for postsecondary academic space.
That the 2019 Development Charges By-law not provide an Academic Space exemption; and,
That the 2019 Development Charges By-law require documentation from developers to support the mandatory exemption as a Crown agent.
(v) Affordable Housing
That the 2019 Development Charges By-law not provide an exemption for affordable housing.
(Note – the removal of the exemption was because the file was moved to another funding agent.)
(vi) Places of Worship
That the 2019 Development Charges By-law provide an exemption for Places of Worship, with clarification that revenue generating space is not exempt.
(vii) Public Hospitals
That the 2019 Development Charges By-law not provide exemptions for public hospitals.
(viii) Downtown Public Art Reserve Voluntary Contributions
That the 2019 Development Charges By-law maintain the current exemption for Downtown Public Art Reserve Voluntary Contributions, with an annual limit of $250,000 on the contributions that will be accepted by the City under this program.
(ix) Heritage Buildings
That the 2019 Development Charges By-law maintain the current exemption within the existing building envelope except for sections that are not covered by the Heritage designation.
(x) Redevelopment for Residential Facility
That the 2019 Development Charges By-law maintain the exemption for Redevelopment for Residential Facility.
(xi) Industrial Rate
That the 2019 Development Charges By-law maintain the current exemption, and continue with a 39% reduction, by charging 100% of the water and wastewater charges, and adjusting the percentage charged for services related to a highway component to achieve a combined reduction of 39%.
(xii) Expansion of an Existing Industrial Development
That the 2019 Development Charges By-law maintain the 50% Industrial expansion exemption as written in the 2014 Development Charges By-law, as amended.
(xiii) Transition Policy
That the 2019 Development Charges By-law maintain the Transition Policy tied to building permit applications.
(xiv) Student Residences
That the exemption for Student Residences be maintained in the 2019 Development Charges By-law until June 30, 2020.
That the 2019 Development Charges By-law redefine the agriculture definition to exclude cannabis growing and processing, and charge the industrial Development Charge rate.
That the 2019 Development Charges By-law not provide an exemption for farm help houses; and
That the 2019 Development Charges By-law require proof of a farm business registration number to receive the agriculture Development Charge exemption.
(xvi) New Non-Industrial (Commercial/Institutional) Stepped Rates
That the 2019 Development Charges By-law continue stepped rates for office, excluding medical office; continue stepped rates within the City’s CIPA (Community Improvement Plan Areas) and BIA’s (Business Improvement Areas); and, remove stepped rates for all other development.
(xvii) Expansion of Existing Non-Industrial (Commercial/Institutional)
That the 2019 Development Charges By-law only provide a 5,000 square feet exemption for office, excluding medical office; and, remove the exemption for all other non-industrial development.
(xviii) Downtown Hamilton CIPA
That the 2019 Development Charges By-law continue to provide a 70% CIPA exemption for major office developments (Class A – greater than 20,000 square feet gross floor area), whether or not the development is a standalone office;
That for other development within the Downtown Hamilton
July 6, 2019 – July 5, 2020 60% exemption
July 6, 2020 – July 5, 2021 50% exemption
July 6, 2021 – July 5, 2022 40% exemption
July 6, 2022 – July 5, 2023 40% exemption
July 6, 2023 – July 5, 2024 40% exemption
(iii) That the 2019 Development Charges By-law maintain the same height limits on exemption use; and,
(iv) That the 2019 Development Charges By-law add clarity that the Downtown Hamilton CIPA exemption cannot be combined/stacked with other Development Charge exemptions and that the Downtown Hamilton CIPA exemption will not be applied if other exemptions result in a lower amount payable.
(xix) Laneway Housing
That the 2019 Development Charges By-law exempt laneway housing.
(xx) Non-industrial Uses Charged Industrial Rate
That the 2019 Development Charges By-law not provide the industrial rate for self-storage facilities or hotels; and,
That the 2019 Development Charges By-law provide the industrial rate for film, production and artists’ studios.
(xxi) Other Development Charges Policies
That the 2019 Development Charges By-law maintain the ability to offset Development Charges with an ERASE (Environmental Remediation and Site Enhancement Redevelopment Program) grant, and require security through a Development Charge Deferral Agreement; and,
That the 2019 Development Charges By-law, respecting Deferral Agreements, maintain the existing policy and add:
That staff be authorized to negotiate extensions of Development Charges Deferral Agreements of up to two years;
That staff be authorized to enter into Development Charges Deferral Agreements related to Podium Developments to delay timing and applicable rate of Development Charge payment to the issuance of each structure permit (no time limit); and,
That staff be authorized to enter into zero interest Development Charge Deferral Agreements where a developer is applying their ERASE grant to offset the Development Charges (no time limit).
If you have any questions, please contact Wendy in the RAHB office at email@example.com or via phone at 905.529.8101 x295.
On March 19, the Federal Government presented the 2019 Budget. Some highlights are below:
An Affordable Place to Call Home
Make homeownership more affordable for first-time buyers by implementing a First-Time Home Buyer Incentive, a shared equity mortgage program that would reduce the mortgage payments required to own a home; and by providing greater access to their Registered Retirement Savings Plan savings to buy a home.
Increasing housing supply through partnerships and targeted investments.
Strengthening Rules and Compliance in Canada’s Housing Market.