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Report PED-PD-24-2011 General OP and - Haldimand County

HALDIMAND COUNTY

Report PED-PD-24-2011

of the General Manager of Planning And Economic

Development

For Consideration By Council in Committee

RE: General Official Plan and Zoning Amendments - Film Production (Haldimand

County)

OBJECTIVE: To consider general amendments to the County‟s Official Plan and three

zoning by-laws with respect to film production matters.

RECOMMENDATIONS:

1. THAT Report PED-PD-24-2011 Re: General Official Plan and Zoning Amendments - Film

Production (Haldimand County) dated April 11, 2011 BE RECEIVED;

2. AND THAT application PLOP-HA 2011 053 to amend the Haldimand County Official Plan

to amend policies relating to film production BE APPROVED for reasons outlined in

report PED-PD-24-2011;

3. AND THAT the By-law attached to Report PED-PD-24-2011 to adopt the Official Plan

amendment to the Haldimand County Official Plan BE PASSED;

4. AND THAT application PLZ-HA 2011-054 to amend the Town of Dunnville 1-DU 80,

Town of Haldimand 1-H 86, and City of Nanticoke NE 1-2000 Zoning By-laws to

implement new provisions relating to film production matters BE APPROVED for reasons

outlined in Report PED-PD-24-2011;

5. AND THAT the by-laws attached to Report PED-PD-24-2011 BE PASSED;

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 1 of 24


6. AND THAT the proposed general amendments are considered to be in the public interest

and consistent with the Provincial Policy Statement 2005, Growth Plan 2006 and other

matters of Provincial interest.

Prepared by:

Reviewed by:

Kyle Plas

Planner

Date: April 11, 2011

Respectfully submitted:

Mike Evers, MCIP, RPP, BES

Manager, Planning & Development

Approved:

Craig Manley, MCIP, RPP

General Manager

Planning & Economic Development

Department

Donald G. Boyle

Chief Administrative Officer

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 2 of 24


BACKGROUND:

Report PED-PD-50-2009

Staff report PED-PD-50-2009 introduced the scope of work relating to the County‟s interim

zoning update program. As described in that report, Staff has reviewed the 3 Area By-laws

(Haldimand, Nanticoke, Dunnville) and determined that general amendments can be proposed

to some or all of the current zoning by-laws to update standards, eliminate unnecessary

regulatory red tape and to support economic development where possible. This work will

ultimately be consolidated into a new comprehensive Zoning By-law. As described in that report,

Staff in the Planning & Development, Building Controls & By-law Enforcement, and Economic

Development & Tourism Divisions have identified a list of issues that will be introduced to

Council and the public over the course of 2011 to make the Zoning By-laws more effective tools

to promote appropriate development.

Report PED-PD-03-2011

Staff report PED-PD-03-2011 introduced the preliminary assessments and recommendations

relating to the issues in the second phase, which focuses on streamlining and adding

consistency to the existing zoning by-laws. The report was structured as a discussion paper and

provided background and rationale for the potential zoning changes, highlighted goals and

benefits of such changes, described methods of implementation, and explored how the public

interest can be upheld. The report included a detailed discussion of film production activities and

provided information required to understand the origin of the issue, the reason for addressing it

and the means / impact of doing so. This information was used as part of series of public

information sessions that were held on April 7, 2011 to allow stakeholders input into potential

zoning changes.

In recent years the County has seen increased film production activity and in 2010 passed a site

specific temporary zoning to facilitate the production of a television show near Dunnville. The

purpose of this report is to introduce amendments as they relate to film production in the County

to the 3 Area Zoning By-laws (Dunnville, Haldimand, Nanticoke) and to provide a policy analysis

with respect to the proposed changes. The report will also introduce an Official Plan

Amendment specific to the implementation of film production provisions. The reason this matter

is being dealt with in advance of the other matters in PED-PD-03-2011 is that the filming season

has begun and further delays to the June 20 th CIC meeting (when the balance of Phase 2

amendments will be presented), could prove to be problematic.

ANALYSIS:

Planning Staff have assessed film production activities with respect to the policy hierarchy that

is in place, namely the Provincial Policy Statement 2005, Growth Plan 2006 and Haldimand

County Official Plan.

1. Consistency with Provincial Policy

Provincial Policy Statement 2005 (PPS)

The PPS provides policy direction on matters of provincial interest relating to land use

planning and development. Decisions affecting planning matters „shall be consistent

with‟ the policies of PPS. Through the PPS, the Province determines that Building Strong

Communities is a provincial interest and is to be addressed, in part, through promoting

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 3 of 24


efficient land use and development patterns that support strong, liveable and healthy

communities, protect the environment and public health and safety, and facilitate

economic growth. Staff‟s view is the proposed zone changes would facilitate economic

growth by generating new opportunities and reducing the costs and delays associated

with the current process. New or expanding economic opportunities serve to support

strong, liveable and healthy communities. Based on the implementation process (i.e. the

proposed zone provisions, approval requirements, etc. set out later in this report) any

new filming activity would be respectful of public health and well-being as well as the

need to protect the environment.

Film production is considered to be an activity that has the potential to generate spin off

economic activity in the County‟s communities and also integrates well with the rural

areas. Film production activities are to be permitted in agricultural areas given that these

activities are established as clearly secondary and subordinate to the primary

agricultural use of the property, will be temporary in nature and will not negatively affect

surrounding agricultural uses. To that extent, zoning provisions are proposed (described

in more detail in the section below titled Proposed Zone Changes) that would implement

the policy intent by regulating scale, scope, range of use, etc. and setting out

requirements that any film production activity be clearly secondary and subordinate to

the primary use of the property.

The proposed amendments would serve to satisfy and promote the policies set out

above. Based on such, the proposal is consistent with the PPS.

Provincial Growth Plan 2006

The Growth Plan is relatively silent on specifics relating to this type of matter as

technical matters such as this are typically dealt with at the level of zoning. However, in

conjunction with the PPS, the Growth Plan supports a strong and competitive economy

while protecting, conserving, enhancing and wisely using the valuable natural resources

of land, air and water for current and future generations. According to the Growth Plan,

municipalities are to promote economic development and competitiveness by providing

opportunities for a diversified economic base, including maintaining a range and choice

of suitable sites for employment uses which support a wide range of economic activities

and ancillary uses and take into account the needs of existing and future businesses.

The Growth Plan also includes policies which are intended to protect that which is

valuable, such as natural systems and prime agricultural areas. The proposed zoning

amendment conforms to the Growth Plan as it will provide for a unique economic

opportunity while ensuring that the proposed filming activities are located appropriately

and compatible with surrounding land uses.

2. Conformity with County Policy

One of the guiding principles of the Official Plan relates directly to „Economy‟ and

establishes a strategic direction that sets out the importance of maintaining, stimulating

and expanding appropriate sectors of the County‟s economy. The principle sets out the

need to stimulate commercial development (by nurturing existing business and attracting

new ones) and identifies areas for growth (i.e. tourism). The proposed amendments

align with this principle and would allow Haldimand County to use its strategic location

and many resources to attain the vision of having a strong and diverse economy.

Haldimand County recognizes the importance and significance of the film industry to the

County and acknowledges the direct and indirect economic benefits associated with this

sector.

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 4 of 24


Filming in Haldimand County should be a positive experience for all parties involved.

The uniqueness and beauty of Haldimand County make it a favourable choice for

filming; however, the needs of the industry must be balanced against any adverse

effects resulting from the film industry‟s activities. Currently, film production in the County

is regulated by way of a temporary use by-law amendment to allow the temporary use of

land for a purpose (i.e. film production) that is otherwise prohibited by the Zoning By-law

given that it is known that the use will only be established for a brief, defined period. The

issue lies with the fact that for each filming occurrence, a costly and time consuming

temporary use by-law amendment process is required. The Official Plan is currently

silent on film production and does not explicitly permit the use. In order to establish the

policy support for the amending by-laws, an Official Plan Amendments is also required.

As such, Staff have drafted a companion Official Plan Amendment to add provisions to

the Official Plan which apply specifically to facilitate film production while ensuring the

other important public interest matters set out below are addressed. A draft Official Plan

Amendment is included as Attachment 4. Staff has reviewed the proposed amendment

against a number of key planning principles as follows:

.

Facilitate economic growth while ensuring that any use is compatible with

adjacent uses or alternatively, that appropriate measures to mitigate any

adverse impacts are implemented;

Comment: It is important that any film production activity not negatively affect

surrounding properties. As part of the Official Plan Amendment, it is proposed

that filming activities be clearly secondary and subordinate to the primary use of

the property and be temporary in nature (i.e. limited to certain number of days

each calendar year). This would ensure that any film production activities remain

ancillary to the principle use of a property which may assist in compatibility

between properties. Further, film production activities should not generate any

undue noise, traffic, lighting, exhaust fumes or inappropriate signage that would

interfere with the ordinary enjoyment of surrounding properties. As part of the

approvals process, film production companies would be required to submit a list

of any hazardous or dangerous items to be used; an emergency measures /

response plan; information about lighting and noise activities including timing

and duration and a copy of a notification letter to surrounding residents and

businesses. These items would all need to be reviewed by County Staff and

approved by the County‟s General Manager of Planning and Economic

Development prior to production commencing. Through this review and approval

process, proponents would need to prove that the film production activities are

compatible with surrounding land uses and appropriate measures to mitigate

any adverse impacts have been taken. These steps will ensure that surrounding

properties are not negatively impacted by any film production activities. Further,

the proposed limits on the length of film production operation ensures that these

uses will be temporary in nature and the requirement to notify neighbours will

ensure that compatibility issues are identified and addressed. Other applicable

guidelines, such as Ontario Building Code and Haldimand County Noise By-law

compliance will further serve to limit conflicts between uses.

Ensure the protection of natural, environmental and cultural features;

Comment: The proposed Official Plan amendment would permit film production

in all land use designations; however, if proposed in the Natural Environment

Areas or Hazard Land areas the filming proponent would need to submit an

overview of how the activity will not negatively impact features or hazards which

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 5 of 24


Public Feedback

would be submitted to the appropriate environmental agency (i.e. conservation

authority). Clearance from the conservation authority, or any applicable permit

issuance, would need to be provided to the General Manager prior to his

approval of production commencement. Any modifications to a designated

heritage feature would be required to be temporary and not compromise its

heritage quality.

Ensure on-site parking is adequate for the use and no adverse impacts on traffic

or transportation facilities will result;

Comment: According to the Official Plan, adequate off-street parking and

loading facilities shall be provided for all new development to serve the needs of

the specific use. The proposed amendments would include the submission

requirement of a traffic management and parking control plan if 12 or more

production vehicles are to be used at one filming location. This will provide the

opportunity for the traffic implications to be reviewed and approved prior to the

film production occurring.

A pair of open houses were held on April 07, 2011 at the Cayuga Kinsmen Hall. The open

houses consisted of a presentation and round-table discussions regarding each of the topic

associated with Phase 2 of the zoning program, including film production. The open houses

were collectively attended by 9 persons (6 at afternoon session and 3 at evening session).

Attendees were asked to review draft zoning provisions relating to each matter and then to

answer a series of prepared questions relating to such. In general, the questions probed the

respondents‟ opinions on suitability of restrictions (e.g. too restrictive?, not restrictive enough?,

etc.), the clarify of use definitions and provisions, and what they felt could be added to the

provisions to assist in achieving the goal of economic development. The full list of questions and

draft provisions relating to film production presented at the open houses is included as

Attachment 5. Staff received one comment from the public with respect to the proposed filming

provisions as outlined below.

Public Comment: Traffic impact assessment should be mandatory in all film production cases.

Staff Reply: Planning Staff do agree that traffic management is an important aspect to evaluate

when assessing a film production proposal. However, Planning Staff is of the opinion that if the

number of vehicles associated with any film production activity is low, there will not be a

negative impact in terms of parking or traffic flow. As such, the recommended provision, which

requires a traffic management plan only if 12 or more production vehicles are required, is

considered appropriate as it would ensure that sufficient parking is available and that traffic flow

is not impeded.

As a general comment, the feedback was overwhelmingly positive and the sense among

workshop attendees was that the initiatives presented by Staff would be helpful in creating

economic development opportunities in the County and adding consistency and alignment to the

County’s zoning by-laws.

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 6 of 24


Public Notice

The public open house sessions and public meeting were advertised as follows:

As part of the County ad in all local newspaper publications (weeks of March 21 st and

March 28 th – Open Houses; weeks of April 25 th and May 2 nd – Public Meeting)

As a separate stand-alone notice on the County‟s website (Open Houses - posted week

of March 7 th and ran continuously through to April 7 th ; Public Meeting – posted week of

April 18 th and ran continuously through to week of May 9 th )

Direct mail to individuals requesting notice of the public meeting as part of their

attendance at the open houses

Posted on the front counter at each County office (Caledonia, Cayuga, Dunnville,

Hagersville)

Direct mail to Six Nations and Mississaugas of the New Credit and all agencies / officials

prescribed in the Planning Act.

No additional comments were received as part of the public notification.

Proposed Zoning Amendments

The amendments drafted by Staff serve to balance public interest matters (e.g. health and

safety/quality of life; protection of existing area character;), public feedback, and the need for

permissive zoning, while ensuring that all levels of policy (Provincial and local) are complied

with and respected. This is proposed to be accomplished through the implementation of a new

zone definition and regulations including implementation tools such as the approval process,

which are outlined below. The detailed implementing by-laws are included as Attachments 1 to

3.

Proposal is to introduce a use definition as follows:

“Film Production” shall mean videotaping, photography or any other form of visual

recording for a feature film, television program, documentary, commercial, music video,

educational film or other purpose outside a film studio, but does not include street

interviews, newscasts, press conferences, or visual recordings for personal purposes

only.

Film Production

a) Film Production is permitted in the following zones: R1, R2, R3, R4, RH,

CG, CS, CN, CH, CHA, CR, MR, MD, MS, A, IC, IN, IR, OS, HL and OST

(*will vary with applicable zoning by-law).

b) The use shall be secondary to the main use on the subject lands;

c) Film Production shall be limited to a maximum of 150 total days per

calendar year;

d) All buildings and structures and activities relating to film Production shall

comply with the Ontario Building Code, as amended from time to time;

e) Film Production and any activities associated with Film Production shall

comply with the Haldimand County Noise By-law, as amended from time

to time;

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 7 of 24


f) If Film Production is proposed to take place on Provincially or County

owned property, the Film Production shall comply with the Procedural

Manual – Haldimand County Filming Guidelines and Filming Permits

policy, as amended from time to time;

g) Prior to film production taking place on a piece of land, the production

company shall submit an information package for approval by the

General Manager of Planning and Economic Development consisting of

the following:

i. filming schedule including specifications on days and hours of

operation;

ii. a traffic management and parking control plan if more than 12

production vehicles are used at one filming location;

iii.

iv.

a filming site map;

a list of gunfire, explosives, bombs/mock ups, flash power,

detonators, flammable liquids / materials, the filming of dangerous

stunts, and intent to use guns;

v. an emergency measures / response plan;

vi.

vii.

viii.

ix.

a lighting plan that identifies sources, impacts and timing of

lighting;

a description of noise generation that identifies sources and

intensities of noise as well as when those would occur;

a copy of all notification letters to residents and businesses; and

written approval from the appropriate Conservation Authority if

filming is proposed to occur in Regulated Areas or on lands zoned

as „Hazard Land (HL)‟.

It should be noted that the above provisions represent a combination of the proposed provisions

presented at the April 7, 2011 Open Houses and modifications to those provisions resulting from

public consultation and further analysis (provisions provided at Open Houses are shown in

Attachment 5). As previously outlined in this report, the recommended provisions were drafted

with the intention of upholding key planning principles and the multitude of public interest

matters. Public consultation in combination with further analysis revealed the opportunity to

improve the recommended provisions by adding additional provisions to ensure policy

compliance and obtain the desired results.

Filming Policy

The County presently has a Council approved filming policy in force and effect. The policy

applies to film events on County-owned lands and sets out a series of requirements for such

practices. The film provisions proposed as part of this general amendment process are not

intended to replace the policy but will instead serve to complement it in situations where filming

is to take place on County property. Wherever any inconsistencies exist, the zoning by-law will

take precedence as it represents applicable law.

BUDGET/LEGAL IMPLICATIONS:

Not applicable.

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 8 of 24


INTERDEPARTMENTAL IMPACTS/CIRCULATION COMMENTS:

Once by-law amendments are eventually passed, a variety of internal Departments‟ and

Divisions‟ interests will be articulated through the zoning by-laws. In addition, several Divisions

will be responsible for interpreting, enforcing and implementing the zoning by-laws. Staff from

these Departments sits on a Steering Committee to ensure that their interests are represented

during the preparation of the general zoning amendments.

The issues and approaches thereto that are addressed in this report have been completed by

Staff of the following Divisions: Planning & Development; Building Controls & By-law

Enforcement; and Economic Development and Tourism. Public Works Staff has also provided

advice regarding certain technical matters. The project Steering Committee has fully reviewed

the report and endorses the content of such, and in particular, the draft recommendations and

by-laws herein.

LINKS TO STRATEGIC PLANS:

The preparation of updated general amendments to the zoning by-laws is an integral

component in facilitating development and streamlining the development approvals process.

The amendments will provide a regulatory framework to assist in achieving the growth of the

County as articulated in the community “Vision Statement”.

The amendments also serve to implement first of the 3 strategic pillars of Haldimand County –

Creating Economic Opportunity – by introducing a new business advantage not previously

available.

CONCLUSION:

The draft amendments presented in this report are considered to be priority matters and serve

to satisfy the following objectives:

Provide more opportunities for economic development in accordance with the Provincial

Policy Statement and County Official Plan

Building flexibility into the zoning by-laws

Provide consistency between the three (3) By-laws

Update standards that are considered antiquated and restrictive

It is recommended that Committee support Staff’s recommendations herein and that the general

amending by-laws and Official Plan Amendment attached hereto be passed as part of an interim

approach that will more quickly address process, flexibility and equity concerns, prior to

preparing one overall County-wide zoning by-law.

ATTACHMENTS:

1. Draft Zoning By-law Amendment – 1-DU 80

2. Draft Zoning By-law Amendment – 1-H 86

3. Draft Zoning By-law Amendment – NE 1-2000

4. Draft Official Plan Amendment

5. Open House Distribution Package

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 9 of 24


REQUIRED AND RECEIVED COMMENTS FROM:

Yes or Not applicable

Clerk‟s

Community Services Department

Finance

Health & Social Services Department

Human Resources

Information Systems

Legal

Public Works Department

Planning & Economic Development Department

Support Services

Other

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Yes

Not applicable

Not applicable

CLERK’S DIVISION REVIEW

Report: PED-PD-24-2011 - General Official Plan and Zoning Amendments - Film Production (Haldimand County)

COUNCIL IN COMMITTEE: May 9, 2011

RECOMMENDATION NO: 3

Approved

Approved with Amendments

Defeated

Deferred

Other

COUNCIL: May 16, 2011

RESOLUTION NO: 99-11

Approved

Approved with Amendments (Noted below)

Defeated

Deferred

Other

Recommendation(s):

Council Direction:

Clerk‟s Division Action Taken:

By-laws passed.

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 10 of 24


Report: PED-PD-24-2011, Attachment 1

THE CORPORATION OF HALDIMAND COUNTY

By-law No. /11

Being a by-law to amend the Zoning By-law 1-DU 80 of the

Town of Dunnville, as amended, in the name of the

Corporation of Haldimand County

WHEREAS Haldimand County is empowered to enact this by-law, by virtue of the provisions of

Section 34 of the Planning Act, R.S.O 1990, c.P.13 as amended;

AND WHEREAS this by-law conforms to the Haldimand County Official Plan;

NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as

follows:

1. THAT Section 4 – Definitions of Zoning By-law 1-DU 80 of the former Town of Dunnville

is hereby amended by adding the following:

4.116 “Film Production” shall mean filming, videotaping, photography or any other

form of visual recording for a feature film, television program, documentary,

commercial, music video, educational film or other purpose outside a film

studio, bus does not include street interviews, newscasts, press conferences,

or visual recordings for personal purposes only.

2. AND THAT Section 6 – General Provisions of Zoning By-law 1-DU 80 of the former

Town of Dunnville is hereby amended by adding the following:

6.27 Film Production

a) Film Production is permitted in the following zones: R1, R2, R3, R4, R5,

R6, RH, RS, CG, CS, CN, CH, CHA, CR, CM, MG, ML, MM, MR, MD,

MX, MXS, A, IC, IN, IR, HL, OS and OST.

b) The use shall be secondary to the main use on the subject lands

c) Film Production shall be limited to a maximum of 150 days per year

d) All buildings and structures relating to Film Production shall comply with

the Ontario Building Code, as amended from time to time;

e) Film Production and any activities associated with Film Production shall

comply with the Haldimand County Noise By-law, as amended from time

to time;

f) If Film Production is proposed to take place on Provincially or County

owned property, the Film Production shall comply with the Procedural

Manual – Haldimand County Filming Guidelines and Filming Permits

policy, as amended from time to time;

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 11 of 24


By-law No. /11 Page 2

g) Prior to film production taking place on a piece of land, the production

company shall submit an information package for approval of the General

Manager of Planning and Economic Development consisting of the

following:

i. filming schedule including specifications on days and hours of

operation;

ii. a traffic management and parking control plan if more than 12

production vehicles are used at one filming location;

iii.

iv.

a filming site map;

a list of gunfire, explosives, bombs/mock ups, flash power,

detonators, flammable liquids / materials, the filming of dangerous

stunts, and intent to use guns;

v. an emergency measures / response plan;

vi.

vii.

viii.

ix.

a lighting plan that identifies sources, impacts and timing of

lighting;

a description of noise that identifies sources and intensities of

noise as well as when those would occur;

a copy of all notification letters to residents and businesses; and

written approval from the appropriate Conservation Authority if

filming is proposed to occur on Regulated Lands or on lands

zoned as „Hazard Land (HL)‟.

3. AND THAT this by-law shall take force and effect on the date of passing.

READ a first and second time this 16 th day of May, 2011.

READ a third time and finally passed this 16 th day of May, 2011.

MAYOR

CLERK

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 12 of 24


PURPOSE AND EFFECT OF BY-LAW NO. /11

This By-law affects lands located throughout Haldimand County.

The purpose of this by-law is to introduce new provisions relating to film production within

Haldimand County. Entrenching filming into all three (3) Haldimand County Zoning By-laws

enables a more streamlined way for potential T.V. / Production crews to receive County

approvals. The general amendments are intended to create updated standards related to film

production.

A related Official Plan Amendment to the Haldimand County Official Plan (HCOP-11) to amend

policies relating to film production also relates to this matter.

PED-PD-24-2011

File No. PLZ-HA 2011 054

Related file: PLOP-HA 2011 053

Roll No. Various

Haldimand County

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 13 of 24


Report: PED-PD-24-2011, Attachment 2

THE CORPORATION OF HALDIMAND COUNTY

By-law No. /11

Being a by-law to amend the Zoning By-law 1-H 86 of the

Town of Haldimand, as amended, in the name of the

Corporation of Haldimand County

WHEREAS Haldimand County is empowered to enact this by-law, by virtue of the provisions of

Section 34 of the Planning Act, R.S.O 1990, c.P.13 as amended;

AND WHEREAS this by-law conforms to the Haldimand County Official Plan;

NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as

follows:

1. THAT Section 4 – Definitions of Zoning By-law 1-H 86 of the former Town of Haldimand

is hereby amended adding the following:

4.114 “Film Production” shall mean filming, videotaping, photography or any other

form of visual recording for a feature film, television program, documentary,

commercial, music video, educational film or other purpose outside a film

studio, bus does not include street interviews, newscasts, press conferences,

or visual recordings for personal purposes only.

2. AND THAT Section 6 – General Provisions of Zoning By-law 1-H 86 of the former Town

of Haldimand is hereby amended by adding the following:

6.28 Film Production

a) Film Production is permitted in the following zones: R1, R1-A, R1-B, R2,

R3, R4, RH, RS, CG, CS, CN, RB, CHA, CR, CM, MG, ML, MR, MD, MX,

A, IC, IN, IR, D, W, HL, OS and OST.

b) The use shall be secondary to the main use on the subject lands;

c) Film Production shall be limited to a maximum of 150 days per calendar

year;

d) All buildings and structures relating to film Production shall comply with

the Ontario Building Code, as amended from time to time;

e) Film Production and any activities associated with Film Production shall

comply with the Haldimand County Noise By-law, as amended from time

to time;

f) If Film Production is proposed to take place on Provincially or County

owned property, the Film Production shall comply with the Procedural

Manual – Haldimand County Filming Guidelines and Filming Permits

policy, as amended from time to time;

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 14 of 24


By-law No. /11 Page 2

g) Prior to film production taking place on a piece of land, the production

company shall submit an information package for approval to the General

Manager of Planning and Economic Development consisting of the

following:

i. filming schedule including specifications on days and hours of

operation;

ii. a traffic management and parking control plan if more than 12

production vehicles are used at one filming location;

iii.

iv.

a filming site map;

a list of gunfire, explosives, bombs/mock ups, flash power,

detonators, flammable liquids / materials, the filming of dangerous

stunts, and intent to use guns;

v. an emergency measures / response plan;

vi.

vii.

viii.

ix.

a lighting plan that identifies sources, impacts and timing of

lighting;

a description of noise that identifies sources and intensities of

noise as well as when those would occur;

a copy of all notification letters to residents and businesses; and

written approval from the appropriate Conservation Authority if

filming is proposed to occur on Regulated Lands or on lands

zoned as „Hazard Land (HL)‟ or „Wetland (W)‟.

3. AND THAT this by-law shall take force and effect on the date of passing.

READ a first and second time this 16 th day of May, 2011.

READ a third time and finally passed this 16 th day of May, 2011.

MAYOR

CLERK

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 15 of 24


PURPOSE AND EFFECT OF BY-LAW NO. /11

This By-law affects lands located throughout Haldimand County.

The purpose of this by-law is to introduce new provisions relating to film production within

Haldimand County. Entrenching filming into all three (3) Haldimand County Zoning By-laws

enables a more streamlined way for potential T.V. / Production crews to receive County

approvals. The general amendments are intended to create updated standards related to film

production.

A related Official Plan Amendment to the Haldimand County Official Plan (HCOP-11) to amend

policies relating to film production also relates to this matter.

PED-PD-24-2011

File No. PLZ-HA 2011 054

Related file: PLOP-HA 2011 053

Roll No. Various

Haldimand County

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 16 of 24


Report: PED-PD-24-2011, Attachment 3

THE CORPORATION OF HALDIMAND COUNTY

By-law No. /11

Being a by-law to amend the Zoning By-law NE 1-2000 of the

City of Nanticoke, as amended, in the name of the Corporation

of Haldimand County

WHEREAS Haldimand County is empowered to enact this by-law, by virtue of the provisions of

Section 34 of the Planning Act, R.S.O 1990, c.P.13 as amended;

AND WHEREAS this by-law conforms to the Haldimand County Official Plan;

NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as

follows:

1. THAT Section 2 – Definitions of Zoning By-law 1-NE 2000 of the former City of

Nanticoke is hereby amended adding the following:

2.56-1 “Film Production” shall mean filming, videotaping, photography or any other

form of visual recording for a feature film, television program, documentary,

commercial, music video, educational film or other purpose outside a film

studio, bus does not include street interviews, newscasts, press conferences,

or visual recordings for personal purposes only.

2. AND THAT Section 3 – General Provisions of Zoning By-law NE 1-2000 of the former

City of Nanticoke is hereby amended by adding the following:

3.35 Film Production

a) Film Production is permitted in the following zones: R1, R2, R3, R4, RM,

R5, RH, RV, CD, CH, CN, CHA, CR, CMT, MH, MG, MP, MR, MD, MX

IC, IN, IR, OS, OST, A, HL and D.

b) The use shall be secondary to the main use on the subject lands;

c) Film Production shall be limited to a maximum of 150 days per calendar

year;

d) All buildings and structures relating to film Production shall comply with

the Ontario Building Code, as amended from time to time;

e) Film Production and any activities associated with Film Production shall

comply with the Haldimand County Noise By-law, as amended from time

to time;

f) If Film Production is proposed to take place on Provincially or County

owned property, the Film Production shall comply with the Procedural

Manual – Haldimand County Filming Guidelines and Filming Permits

policy, as amended from time to time;

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 17 of 24


By-law No. /11 Page 2

g) Prior to film production taking place on a piece of land, the production

company shall submit an information package for approval by the General

Manager of Planning and Economic Development consisting of the

following:

i. filming schedule including specifications on days and hours of

operation;

ii. a traffic management and parking control plan if more than 12

production vehicles are used at one filming location;

iii.

iv.

a filming site map;

a list of gunfire, explosives, bombs/mock ups, flash power,

detonators, flammable liquids / materials, the filming of dangerous

stunts, and intent to use guns;

v. an emergency measures / response plan;

vi. a lighting plan that identifies sources, impacts and timing of

lighting;

vii. a description of noise that identifies sources and intensities of

noise as well as when those would occur;

x. a copy of all notification letters to residents and businesses; and

xi.

written approval from the appropriate Conservation Authority if

filming is proposed to occur on Regulated Lands or on lands

zoned as „Hazard Land (HL)‟.

3. AND THAT this by-law shall take force and effect on the date of passing.

READ a first and second time this 16 th day of May, 2011.

READ a third time and finally passed this 16 th day of May, 2011.

MAYOR

CLERK

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 18 of 24


PURPOSE AND EFFECT OF BY-LAW NO. /11

This By-law affects lands located throughout Haldimand County.

The purpose of this by-law is to introduce new provisions relating to film production within

Haldimand County. Entrenching filming into all three (3) Haldimand County Zoning By-laws

enables a more streamlined way for potential T.V. / Production crews to receive County

approvals. The general amendments are intended to create updated standards related to film

production.

A related Official Plan Amendment to the Haldimand County Official Plan (HCOP-11) to amend

policies relating to film production also relates to this matter.

PED-PD-24-2011

File No. PLZ-HA 2011 054

Related file: PLOP-HA 2011 053

Roll No. Various

Haldimand County

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 19 of 24


Report: PED-PD-24-2011, Attachment 4

THE CORPORATION OF HALDIMAND COUNTY

By-law No. /11

Being a by-law to adopt Amendment No. HCOP-11 to the

Haldimand County Official Plan in the name of the Corporation

of Haldimand County

WHEREAS Haldimand County is empowered to enact this by-law by virtue of the provisions of

Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13 as amended;

AND WHEREAS this by-law conforms to the Haldimand County Official Plan;

NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as

follows:

1. THAT Amendment No. HCOP-11 to the Haldimand County Official Plan, for various

lands in Haldimand County, consisting of the explanatory text, as attached to form a part

of this by-law, be hereby adopted.

2. AND THAT the effective date of this by-law shall be the date of final passing hereof.

READ a first and second time this 16 th day of May, 2011.

READ a third time and finally passed this 16 th day of May, 2011.

MAYOR

CLERK

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 20 of 24


PART A: PREAMBLE TO THE AMENDMENT

1. Purpose of the Amendment:

AMENDMENT NO. HCOP-11

TO THE HALDIMAND COUNTY

OFFICIAL PLAN

The purpose of this Official Plan Amendment is to add a new policy section relating to

„Filming in Haldimand County‟ and the land use permissions and location criteria for

such.

2. Location of the Lands Affected:

The amendment applies to all land use designations.

3. Basis of the Amendment:

Film and television production is an industry which can contribute both direct and indirect

economic benefits to a municipality. Presently, the three (3) Zoning By-laws which

regulate Haldimand County land use do not permit film production. The County currently

practices a tradition of utilizing, through subsection 1 of Section 34 of the Planning Act

R.S.O 1990, Temporary Use By-laws to permit filming for a temporary period of time.

The requirement for these applications result in costs and delays for the proponents and

requires significant time and resources from County Staff to review and process the

temporary use zoning amendment applications. In addition, the existing policy

framework does not contemplate film production as a permitted use. A detailed analysis

was completed which revealed that the opportunity exists to include parameters within

the Official Plan which apply specifically to film production. In that regard, the

Amendment will permit for limited film production activities as set out in the implementing

zoning by-law. Further, the Amendment would ensure that film production is permitted in

appropriate areas provided that any film production activities remain secondary and

subordinate to the primary use of a property. This Amendment is deemed to be

consistent with Provincial policy and is deemed to meet the general intent and purpose

of the Haldimand County Official Plan. Entrenching film production into the policy and

zoning framework may enable a more streamlined way for potential T.V. / Production

crews to receive County approvals.

A general amending zoning by-law is also proposed and would permit Filming Activities

as-of-right in a variety of land use zones to correspond to the designations noted in this

Amendment.

The changes are not fundamental shifts in the policy direction and relate to technical

matters that are more appropriately governed through zoning provisions as opposed to

Official Plan policy.

PART B: THE AMENDMENT:

The Haldimand County Official Plan is hereby amended as follows:

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 21 of 24


Text Amendment:

A new Section 5 Q. is hereby added as follows:

“Q.

Film Production

1. Film production is permitted in all land use designations.

2. Film Production shall:

a) be clearly secondary and subordinate to the primary use of the property;

b) have sufficient on-site parking;

c) not generate undue noise, traffic, lighting, exhaust fumes or inappropriate

signage to the extent of interfering with the ordinary enjoyment of surrounding

properties;

d) not negatively impact natural environment areas, hazardous areas or cultural or

heritage resources;

e) comply with the Ontario Building Code, as amended from time to time;

f) comply with the Haldimand County Noise By-law, as amended from time to time;

g) comply with Procedural Manual – Haldimand County Filming Guidelines and

Filming Permits policy, as amended from time to time, if film production is

proposed to take place on Provincially or County owned land; and

h) be regulated by the County‟s Zoning By-laws.”

PART C: ADDITIONAL INFORMATION

Implementation:

This amendment will be implemented by Haldimand County by enacting a general

amendment to City of Nanticoke Zoning By-law NE 1-2000, Town of Dunnville Zoning

By-law 1-DU 80 and Town of Haldimand Zoning By-law 1-H 86.

Report PED-PD-24-2011

File Nos. PLOP-HA 2011 053, PLZ-HA 2011 054

Haldimand County

Roll Nos. Various

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 22 of 24


Report: PED-PD-24-2011, Attachment 5

Film Production

a) 4.117 “Film Production” shall mean filming, videotaping, photography or any other

form of visual recording for a feature film, television program, documentary,

commercial, music video, educational film or other purpose outside a film

studio, bus does not include street interviews, newscasts, press conferences,

or visual recordings for personal purposes only.

6.28 Film Production

a) Film Production is permitted in the following zones: R1, R2, R3, R4, RH,

CG, CS, CN, CH, CHA, CR, MR, MD, MS, A, IC, IN, IR, OS and OST.

b) Film Production shall comply with the Ontario Building Code, as amended

from time to time;

c) If Film Production is proposed to take place on Provincially or County

owned property, the Film Production shall comply with the Procedural

Manual – Haldimand County Filming Guidelines and Filming Permits

policy, as amended from time to time;

d) Prior to film production taking place on a piece of land, the following shall

be submitted to and approved by the General Manager of Planning and

Economic Development:

i. filming schedule including specifications on days and hours of

operation;

ii. a traffic management and parking control plan if more than 12

production vehicles are used at one filming location;

iii.

iv.

a filming site map;

a list of gunfire, explosives, bombs/mock ups, flash power,

detonators, flammable liquids / materials, the filming of dangerous

stunts, and intent to use guns;

v. an emergency measures / response plan;

vi.

vii.

viii.

a lighting plan that identifies sources, impacts and timing of

lighting;

a noise assessment that identifies sources and intensities of noise

as well as when those would occur; and

a copy of all notification letters to residents and businesses

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 23 of 24


Questions

1) Is the definition of the use clear?

a. If the definition is not clear, what changes are required to better describe the

intended use?

2) What provisions are beneficial (please list)?

a. Why are they beneficial?

b. Can anything be done to improve them further? If so, please describe

c. Are public interest matters such as health and safety, quality of life, protection of

traditional downtown cores, protecting area character, and land use compatibility

addressed with the provisions provided?

3) What provisions are detrimental to appropriate development or economic development

(please list)?

a. Why are they detrimental?

b. Can anything be done to improve them? If so, please describe

c. If you are proposing a provision be eliminated, please indicate the provision. Would

elimination of the provision impact public interest matters listed in 2 „c‟ above?

Please explain „why‟ or „why not‟.

4) If you have any further suggestions for zoning provisions, please describe them and explain

the rationale for these.

Council in Committee

Report: PED-PD-24-2011

Date of Meeting: May 09, 2011 Page 24 of 24

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