REMOVE HOLDING "H" ZONING

Where the symbol “H” appears as a prefix to any Zone symbol, the lands have been placed in a ‘Holding Zone’ pursuant to Section 36 of the Planning Act.


Sometimes, the intended use and zoning are known for a site, but development should not proceed until specific facilities are in place or conditions are met. Ontario’s Planning Act (Section 36) gives the municipality authority to apply a holding symbol (also called an “H”, a “hold”, or a “holding provision”) to limit a site’s development until certain conditions, as set out in the Zoning By-law, are satisfied. The Zoning By-law also identifies the types of uses that may be permitted while the holding symbol remains.


A Hold Removal (HOLD) application is required when a Zoning By-law includes a Holding Symbol “H” on a property that restricts future uses and development until conditions for removing the “H” are satisfactorily met. 


A Zoning By-law amendment through a HOLD application facilitates the removal of the Holding Symbol "(H)" from the Zoning By-law on affected lands. 


The (H) Holding zoning is typically applied to vacant, undeveloped, or underdeveloped lands. While the "H" is in place, the following uses shall be permitted:

  • Existing uses, buildings, and structures lawfully permitted on the date the amending By-law creating the ‘H’ zoning was enacted;
  • Agricultural use;
  • conservation; and
  • wildlife and forest management; 


The Planning Act allows a municipal Council to add an (H) Holding Symbol as a prefix to a zone to specify the future use of lands, buildings, or structures until conditions for removing the “H” are met and it has been removed by by-law. For example, a property with General Commercial (C1) may have a holding symbol prefix (H)C1. Until the (H) Holding Symbol is removed, commercial uses are not permitted. 


While the underlying zoning is “approved,” the (H) Holding Symbol is used to ensure that the permitted future uses are not developed prematurely or without all arrangements being finalized with the Municipality.

 

Where a zone designation contains the “H” holding symbol, the lands identified shall not be developed or redeveloped until the municipality enacts an amending Zoning Bylaw removing the “H” holding symbol.


Typical requirements for removal of “H” holding zoning:

  • Water supply, sanitary sewers, stormwater management facilities, parks, and schools are sufficient for the development/redevelopment.
  • Transportation facilities are adequate and appropriate for the development/redevelopment.
  • The number and location of access points to the development/redevelopment are adequate and safe.
  • Consolidation of land ownership has been completed to the City’s satisfaction.
  • Studies relating to traffic, soil, natural and heritage features, environmental constraints, design features, and market impact analysis have been completed to the municipality’s satisfaction.


Sometimes, lands are rezoned at the time of subdivision approval, but cannot proceed until water and sewer services are extended, roads are constructed, and other financial arrangements are made with the Municipality. While the underlying zoning is “approved,” the (H) Holding Symbol will be used to ensure that the permitted future uses are not developed prematurely or without all arrangements being finalized with the Municipality.


Municipalities typically require that the following matters be addressed

satisfactorily before lifting an (H) Holding zone:

  • Services and municipal works
  • Measures to protect natural areas
  • Measures to mitigate the impact of development/redevelopment
  • Submission of technical studies
  • Remediation of contaminated soil, if necessary
  • Legal agreements with the Municipality, the Region, and any other agency (i.e., subdivision, site plan, servicing)

When the amending By-law removing the “H” Hold on the zoning from a zone designation is enacted, the permitted uses and regulations of that zone shall apply, except where amended by exception.


Should all conditions be satisfied, we can make a Zoning By-law amendment through a HOLD application for rezoning to lift or remove the (H) Holding zone. 


Planning staff reviews a Zoning By-law amendment through a HOLD application, and if all requirements of the Official Plan and any site-specific conditions are satisfied, a report and draft by-law are presented to the Planning and Development Committee. Council then may remove the (H) Holding Symbol by passing a Zoning By-law amendment to lift the “hold” on the zoning. By removing the (H) Holding Symbol as a prefix to the zone category, the underlying uses may proceed. 


There is no notice provided for surrounding property owners; only the landowner receives notice of the meeting at which the Planning and Development Committee/ Council will consider the application.


Before a municipality will pass a by-law to remove the (H) Holding Symbol, the developer or property owner must fulfill specific conditions to guarantee the site is livable.


NOISE AND AIR QUALITY IMPACTED BY RAILWAYS AND AIRPORTS


If a development is located in proximity to a railway or an airport, our acoustical consultant prepares an Environmental Noise Assessment based on Ontario's NPC-300 Environmental Noise Guideline to remove the "H" hold on the zoning..


If ambient rail or air noise in the Outdoor Living Area (e.g., backyard) exceeds 55dBA, physical controls like noise barriers are typically mandated. If levels surpass 60dBA, strict warning clauses are legally required to be registered on the property title.


For both rail and air traffic, indoor noise levels must fall within strict limits (e.g., 35to 40dBA for bedrooms and living spaces), which often requires upgraded, central-air-compatible windows and walls.


Holding Provision for Lands within 75m of a railway right-of-way

The (H) holding provision shall be removed when the following conditions have been completed to the satisfaction of the Municipality:

Submission of a noise and vibration study that assesses the potential adverse effects of nearby railway operations on any proposed new use and identifies

any recommended mitigation measures for the new use to ensure land use compatibility; and

Submission of a letter of undertaking from the owner agreeing to undertake the noise and vibration study’s recommended mitigation measures and incorporate them into the building permit plans, and as part of any applicable Planning Act application.


Holding Provision- Lands within 75m of a railway yard

The (H) holding provision shall be removed when the following conditions have been completed to the satisfaction of the Municipality:

Submission of a noise, vibration, and air quality study that assesses the potential adverse effects of nearby railway operations on any proposed new uses and identifies any recommended mitigation measures for the new use to ensure land use compatibility; and

Submission of a letter of undertaking from the owner agreeing to undertake the noise, vibration, and air quality study’s recommended mitigation measures and incorporate them into the building permit plans, and as part of any applicable Planning Act application.


Holding Provision - Lands between 75m and 300m of a railway right-of-way

The (H) holding provision shall be removed when the following conditions have been completed to the satisfaction of the Municipality:

Submission of a noise study that assesses the potential adverse effects of nearby railway operations on any proposed new use and identifies any

Recommended mitigation measures for the new use to ensure land use compatibility; and

Submission of a letter of undertaking from the owner agreeing to undertake the Noise study’s recommended mitigation measures and incorporate them into the building permit plans, and as part of any applicable Planning Act application.


Holding Provision - Lands between 75m and 1,000m of a railway yard

The (H) holding provision shall be removed when the following conditions have been completed to the satisfaction of the Municipality:

Submission of a noise and air quality study that assesses the potential adverse effects of nearby railway operations on any proposed new use and identifies

any recommended mitigation measures for the new use to ensure land use compatibility; and

Submission of a letter of undertaking from the owner agreeing to undertake the noise and air quality study’s recommended mitigation measures and incorporate them into the building permit plans, and as part of any applicable Planning Act application.


Removing an "H" (Holding) symbol for airport noise in Ontario involves a formal Zoning By-law Amendment (ZBA) under the Planning Act. We must demonstrate that the proposed development meets provincial noise guidelines by submitting an approved noise impact study and securing building condition approvals.

In Ontario, planning authorities strictly control residential development in airport vicinities based on Noise Exposure Forecast (NEF) contours often mapped near 25 to 30+ NEF zones. When municipalities want to ensure that noise constraints are addressed before building, they place an "H" on the land.


To have the "H" removed and proceed with construction, we must typically complete the following steps:

Conduct an Acoustical/Noise Study

Our acoustical engineering consultant will conduct a noise study in accordance with Ontario's Environmental Noise Guideline (NPC-300). This study will dictate the required mitigation measures for the property.


Implement Mitigation Measures

Based on the noise study, the building plans must incorporate noise attenuation features. Depending on the NEF contour, the property falls within, this may require:

Upgraded acoustical glazing (thicker or laminated glass).

Specialized wall and roof construction (e.g., increased mass or acoustic insulation).

Central air conditioning that allows residents to keep windows closed.

Fulfill Additional Conditions

The holding symbol "H" acts as a pause until specific municipal requirements are met. In addition to noise compliance, the municipality may require:

Registration of warning clauses on the property title notifying future buyers/tenants of potential airport noise.

Once all requirements are satisfied, we submit an application to the local municipal council (or planning committee) to pass an amending by-law lifting the "H".

No person shall use the land to which the letter (H) symbol applies, erect any building or structure, or expand an existing building or structure, until the (H) symbol is removed in accordance with Section 36 of the Planning Act, except:

Uses, buildings, and structures that legally existed on the date the By-law applying the holding provision came into effect;

Interim uses permitted in the applicable holding provision; and

Any other exceptions permitted in the applicable holding provision.


We are a leading Land Development firm specializing in innovative solutions for complex zoning challenges. Our team consists of highly skilled professionals who are committed to delivering exceptional results. Contact us today to learn more about our services and how we can help you achieve your goals.


As Rezoning Experts, we specialize in navigating the process of changing zoning bylaws to help land owners obtain approvals for specific land uses or development projects that may not be permitted under the current zoning bylaws. 


Our Zoning Amendment Specialists have in-depth knowledge of local zoning bylaws, official plans, and related planning legislation, and our land development experts devise strategies to achieve zoning changes that align with the land owner's development goals, considering potential challenges and opportunities. 


Our Rezoning Professionals apply for pre-application consultations with municipal planning staff to identify key issues and requirements and prepare comprehensive zoning amendment applications, including supporting documentation like site plans, reports, and analysis. 


As Land Development Experts, we communicate with municipal staff to address concerns and build support for a Zoning By-law amendment through a HOLD application, and represent clients at Council meetings related to the zoning amendment application to remove the Holding Symbol "(H)" from the Zoning By-law. 


If necessary, we appeal zoning decisions to remove the Holding Symbol "(H)" from the Zoning By-law to the relevant land tribunal. The owner of the lands has the right to appeal the application to the Local Planning Appeals Tribunal (LPAT) if Council refuses or neglects to decide on the applications within 90 days of the receipt of the application. Since the principle of the land use has previously been determined, and the removal of the (H) Holding symbol simply gives effect to the previously approved zoning rights, there is no appeal process for a third party.


Our experienced and competent Land Development Experts provide valuable expertise to land owners. 


Zoning Change can take time and involve various fees, so it's important to factor these into the overall project timeline and budget


Our in-house Rezoning Experts consider everything from site-specific constraints to client requirements to offer comprehensive pre-development opinions. 


We obtain rezoning approval from the municipality to change

the land use, and/or to change the zoning by-law requirements.


We have helped so many land owners to change their zoning in the following municipalities:

County of Brant, City of Brantford, City of Chatham-Kent, Haldimand County, City of Hamilton, Norfolk County, City of Kawartha Lakes, City of Toronto


REGIONAL MUNICIPALITIES

Durham

    City of Oshawa, City of Pickering, Municipality of Clarington, Town of Ajax, Town of Whitby, Township of Brock, Township of Scugog, Township of Uxbridge

Halton

    City of Burlington, Town of Halton Hills, Town of Milton, Town of Oakville

Niagara

    City of Niagara Falls, City of Port Colborne, City of St. Catharines, City of Thorold, City of Welland, Town of Fort Erie, Town of Grimsby, Town of Lincoln, Town of Niagara-on-the-Lake, Town of Pelham, Township of Wainfleet, Township of West Lincoln

Peel

    City of Brampton, City of Mississauga, Town of Caledon

Waterloo

    City of Cambridge, City of Kitchener, City of Waterloo, Township of North Dumfries, Township of Wellesley, Township of Wilmot, Township of Woolwich

York

    City of Vaughan, Town of Aurora, Town of East Gwillimbury, Town of Georgina, City of Markham, Town of Newmarket, City of Richmond Hill, Town of Whitchurch-Stouffville, Township of King


COUNTIES

Dufferin

    Town of Grand Valley, Town of Mono, Town of Orangeville, Town of Shelburne, Township of Amaranth, Township of East Garafraxa, Township of Melancthon, Township of Mulmur

Elgin

    City of St Thomas, Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton/Dunwich, Municipality of West Elgin, Town of Aylmer, Township of Malahide, Township of Southwold

Hastings

    City of Belleville, City of Quinte West, Municipality of Centre Hastings, Municipality of Hastings Highlands, Municipality of Marmora and Lake, Municipality of Tweed,  Town of Bancroft, Town of Deseronto, Township of Carlow/Mayo, Township of Faraday, Township of Limerick, Township of Madoc, Township of Stirling-Rawdon, Township of Tudor & Cashel, Township of Tyendinaga, Township of Wollaston

Northumberland

    Municipality of Brighton, Town of Cobourg, Municipality of Port Hope, Municipality of Trent Hills, Township of Alnwick/Haldimand, Township of Cramahe, Township of Hamilton

Oxford

    City of Woodstock,  Town of Ingersoll, Town of Tillsonburg, Township of Blandford Blenheim, Township of East Zorra-Tavistock, Township of Norwich, Township of South-West Oxford, Township of Zorra

Peterborough

    City of Peterborough, Township of Asphodel-Norwood, Township of Cavan Monaghan, Township of Douro-Dummer, Township of Havelock-Belmont-Methuen, Township of North Kawartha, Township of Otonabee-South Monaghan, Township of Selwyn, Municipality of Trent Lakes

Simcoe

    City of Barrie, City of Orillia, Town of Bradford West Gwillimbury,  Town of Collingwood,  Town of Innisfil, Town of Midland, Town of New Tecumseth, Town of Penetanguishene, Town of Wasaga Beach, Township of Adjala-Tosorontio, Township of Clearview, Township of Essa, Township of Oro-Medonte, Township of Ramara, Township of Severn, Township of Springwater, Township of Tay, Township of Tiny

Wellington

    City of Guelph, Town of Erin, Town of Minto, Township of Centre Wellington, Township of Guelph-Eramosa, Township of Mapleton, Township of Puslinch, Township of Wellington North

Perth

City of Stratford, Municipality of North Perth, Town of St. Marys, Township of Perth East, Township of Perth South, Municipality of West Perth

Middlesex

City of London, Municipality of North Middlesex, Municipality of Southwest Middlesex, Municipality of Thames Centre, Township of Adelaide Metcalfe, Township of Lucan Biddulph, Township of Middlesex Centre, Township of Strathroy - Caradoc, Village of NewburyHuron

Municipality of Bluewater, Municipality of Central Huron, Municipality of Huron East, Municipality of Morris-Turnberry, Municipality of South Huron, Town of Goderich, Township of Ashfield-Colborne-Wawanosh, Township of Howick, Township of North Huron

Bruce

Municipality of Arran Elderslie, Municipality of Brockton, Municipality of Kincardine, Municipality of Northern Bruce Peninsula, Municipality of South Bruce, Town of Saugeen Shores, Town of South Bruce Peninsula, Township of Huron-Kinloss

Grey

City of Owen Sound, Town of The Blue Mountains, Town of Hanover, Municipality of Meaford, Township of Chatsworth, Township of Georgian Bluffs, Municipality of Grey Highlands, Township of Southgate, Municipality of West Grey

Haliburton

Township of Algonquin Highlands, Municipality of Dysart et al, Municipality of Highlands East, Township of Minden Hills

District of Muskoka

Town of Gravenhurst, Town of Bracebridge, Town of Huntsville, Township of Muskoka Lakes, Township of Lake of Bays, Township of Georgian Bay



Typical HOLDING "H" Zone Conditions

  • Submission of a legal survey prepared by an Ontario Land Surveyor
  • Confirmation of sufficient water is available for the proposed use
  • Adequacy of water supply and wastewater services
  • Extension of full water, wastewater, and storm sewer services to the subject lands
  • Confirmation of water and/or wastewater servicing allocation 
  • Completion and implementation of any required comprehensive servicing studies, including stormwater studies
  • Submission of a detailed hydrogeological study demonstrating that the development can be satisfactorily serviced and accommodated with acceptable impacts on ground and surface water resources
  • Submission of engineering studies assuring that development will not negatively impact the municipal stormwater easement or the floodplain
  • Agreement with the municipality for the construction of the water main and the sanitary sewer within the road allowance
  • Completion of a Master Servicing /Cost Sharing Agreement for servicing, traffic, future creek, floodplain, and streetscaping improvements to the area. 
  • Confirmation of minimum separation distance is maintained above the water table
  • Submission of an Arborist Report and a Tree Preservation Plan
  • Submission of a pre-construction exploratory root investigation report
  • Submission of a Landscape Concept Plan
  • Provision of a satisfactory driveway access with supporting sightline analysis
  • Confirmation of safe access and egress to the subject lands under regulatory storm conditions
  • Submission of a Traffic Impact Study
  • Submission of a Parking Study
  • Contribution to the construction of roads
  • Conveyance free of charge of lands for widening, extension, and /or construction of roads
  • Design and construct collector roads, storm sewers, and appurtenances, underground hydro, streetlights, curb and gutter, sidewalks, boulevard trees, and traffic signal conduits
  • Submission of a Sun Shadow Study and Sun Access Factor calculations
  • Provisions of enhanced building elevations, which address the Urban Design Study and Guidelines
  • Submission of a Pedestrian Level Wind Study
  • Submission of a building permit application for the development
  • Completion of a Development Agreement 
  • Completion of a signed Site Plan Agreement
  • Registration of the whole or the appropriate phase of the subdivision of the lands
  • Consolidation of land ownership 
  • Development of Lands as one use under one ownership
  • Sufficient assembly or consolidation of any required lands occurs to ensure orderly development and to permit development in accordance with the zoning bylaw
  • Demonstration of compatibility with existing activities in terms of noise, vibration, odour, and dust
  • Submission of a Noise and Vibration Study 
  • Submission of an Air Quality Study
  • Submission of a Waste Management Plan
  • Submission of a market impact study that demonstrates that there will be no unacceptable adverse impact on the planned function of any existing or designated uses
  • Completion of an Archaeological Assessment
  • Obtaining consent of the Ministry of Culture, including obtaining a licensed archaeologist and an Aboriginal monitor to mitigate the site through a Stage 4 Assessment
  • Establishment of a revised creek block to the satisfaction of the Conservation Authority
  • Submission of a Letter of Reliance for the Phase 1 and Phase 2 Environmental Site Assessment, and a Record of Site Condition (RSC) or a MECP-approved Risk Assessment, to demonstrate that the lands are suitable for the intended use
  • Submission of a Geotechnical Report and a Functional Servicing study 
  • Dedication of the lands associated with a creek and its associated buffer
  • Submission of a Shoreline Protection / Channel Rehabilitation and/or Culvert Replacement Report
  • Completion of creek and hazard alterations


Removal of the Holding Symbol "(H)" from the Zoning By-law

Rezoning applications to amend the zoning by-laws are common in Ontario

The Zoning By-law amendment through a HOLD application to remove the Holding Symbol "(H)" from the Zoning By-law involves submitting a complete rezoning application with a fee, attending a public meeting, and the municipal planning staff's review and recommendation to the Council, which makes the final decision. If a rezoning application to remove of the Holding Symbol "(H)" from the Zoning By-law is denied by the municipality, our zoning amendment experts appeal to the relevant Land Tribunal. 


Before submitting a Zoning By-law amendment through a HOLD application to remove the Holding Symbol "(H)" from the Zoning By-law, our Land Development Experts consult with planning staff as per the pre-consultation procedure. The pre-consultation meeting with the planning staff helps to open lines of communication and ensure:

Everyone involved knows up front what information will be required to support the Zoning By-law amendment through a HOLD application to remove the Holding Symbol "(H)" from the Zoning By-law

Zoning By-law amendment through a HOLD application to remove the Holding Symbol "(H)" from the Zoning By-law is complete, including any technical information

Decisions are made on time

The objective of the pre-consultation meeting is to determine the supporting documents and studies required to evaluate the Zoning By-law amendment through a HOLD application to remove the Holding Symbol "(H)" from the Zoning By-law, to verify information on the Zoning By-law amendment through a HOLD application to amend the zoning bylaw, and to clarify the procedures to follow.


The rezoning application to remove the Holding Symbol "(H)" from the Zoning By-law takes approximately six months. The timeframe may vary depending on the complexity of the rezoning application to amend the zoning bylaw. The timeframe is also affected by the Council’s schedule and the number of rezoning applications to amend the zoning bylaw being processed by the municipality at any given time.


The Council will consider whether the rezoning application to remove the Holding Symbol "(H)" from the Zoning By-law follows the Planning Act, is consistent with the Provincial Policy Statement, and conforms to any applicable provincial plans, and is not in conflict with the municipality's Official Plan.



Contact Us

Rezoning applications to amend the zoning by-laws are common in Ontario.

For Additional Information, please contact the following 

Key Players of Our Avant-Garde Formidable Land Development Team:

Miaoyi Xue, P.Eng,

Joo Min Park, MEng, P.Eng.

Saloni Khoja, B.Arch.

Wei Ming Lin, P.Eng

Rui Cong Xia, P.Eng

Liu Sun, B.Des (Arch)

Pamela M Jerezano, B.Arch


LAND DEVELOPMENT EXPERTS

Land Line: 905 940 9937

After Hours / Text Messages: 647 877 8262

Email: landbuildex@gmail.com 


Our Fees

We prepare all the required drawings, plans, and reports in support of

Site Plan Control / Approval

  • Re-zoning Application
  • Zoning By‐law Amendments
  • Official Plan Amendment
  • Draft Plan of Subdivision/Condominium


We apply for zoning changes, also known as rezoning or zoning by-law amendments in any municipality in Ontario, including 

Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (City of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King), Bradford-West Gwillimbury (Town of Bradford-West Gwillimbury), Brighton (Municipality of Brighton), Quinte West (City of Quinte West), Kawartha Lakes (City of Kawartha Lakes), North Kawartha (Town of North Kawartha), Minden Hills (Town of Minden Hills), Selwyn (Town of Selwyn), Peterborough (City of Peterborough), St.Catharines (City of St. Catharines), Wainfleet (Town of Wainfleet), Niagara on the Lake (Town of Niagara on the Lake), Brant (County of Brant), Guelph (City of Guelph), Centre-Wellington (Township of Centre Wellington), Shelburne (Town of Shelburne), Orangeville (Town of Orangeville), New Tesumseth (Town of New Tecumseth), Essa (Town of Essa), Collingwood (Town of Collingwood), Wasaga Beach (Town of Wasaga Beach), Barrie (City of Barrie), Midland (Town of Midland), Orillia (City of Orillia), Ramara (Town of Ramara), Woolwich (Town of Woolwich), Woodstock (City of Woodstock), Waterloo (City of Waterloo), Kitchener (City of Kitchener), and Cambridge (City of Cambridge).


Our fee for preparing a concept plan, applying, and attending a pre-consultation meeting for a proposed zoning change is $2,985⁺ʰˢᵗ. 


We also prepare all the required supporting drawings, plans, and reports to obtain a zoning amendment.

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