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SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-1
THE CITY OF HAMILTON
10.5 MIXED USE MEDIUM DENSITY (C5) ZONE
Explanatory Note: The C5 Zone is found along collector and arterial roads where the
zone permits a range of retail, service, commercial, entertainment, and residential uses
serving the surrounding community. The built form encourages an active transit
supportive, pedestrian environment that is anchored by single or mixed-use buildings
oriented towards the pedestrian realm. Although residential uses are permitted, either
as a single or mixed-use building, this zone is predominantly commercial.
No person shall erect, or use any building in whole or in part, or use any land in whole
or in part, within a Mixed Use Medium Density (C5) Zone for any purpose other than
one or more of the following uses, or uses accessory thereto. Such erection or use
shall also comply with the prescribed regulations:
10.5.1
PERMITTED USES
Artist Studio
Beverage Making Establishment
Catering Service
Child Care Centre (By-law No. 25-155, August 06, 2025)
Commercial Entertainment
Commercial Parking Facility
Commercial Recreation
Commercial School
Communications Establishment
Conference or Convention Centre
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No. 25-075, April 16,
2025)
Educational Establishment
Emergency Shelter
Financial Establishment
Funeral Home
Hotel
Laboratory
Lodging House
Medical Clinic
Microbrewery
Motor Vehicle Gas Bar
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
Multiple Dwelling
Office
Performing Arts Theatre (By-law No. 25-155, August 06,
2025)
Personal Service (By-law No. 24-137, July 12, 2024)
Place of Assembly
Place of Worship
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-2
THE CITY OF HAMILTON
Repair Service
Residential Care Facility
Restaurant
Retail
Retirement Home
Self Storage Facility (By-law No. 26-016, January 21, 2026)
Social Services Establishment
Tradesperson's Shop
Transportation Depot
Urban Farmers Market
Veterinary Service
10.5.1.1
RESTRICTED USES
In addition to Section 10.5.1, the following uses
shall be permitted in accordance with the
following restrictions:
i)
Restriction of Uses within a building:
1.
The finished floor elevation of any
dwelling unit shall be a minimum of 0.9
metres above grade; and,
2.
Notwithstanding 10.5.1.1i) 1., dwelling
unit(s)
shall
be
permitted
in
a
basement or cellar.
(By-law No. 19-062, March 27, 2019)
ii)
Residential Care Facility:
1.
Within the area identified on Figure 55
of Schedule "F" - Special Figures of
this By-law, every Residential Care
Facility shall be situated on a lot having
a minimum radial separation distance
of 300 metres from any lot line of such
lot, measured to the lot line of any
other lot occupied by a Residential
Care Facility.
(By-law No. 25-155, August 06, 2025)
(NOT FINAL AND BINDING, By-law No. 26-152,
September 09, 2026)
iii)
Emergency Shelter:
1.
Except as provided for in Section 2.,
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-3
THE CITY OF HAMILTON
herein, every Emergency Shelter shall
be situated on a lot having a minimum
radial separation distance of 300
metres from any lot line of such lot
measured to the lot line of any other lot
occupied by an Emergency Shelter,
Corrections Residence or Correctional
Facility; and,
(NOT FINAL AND BINDING, By-law No. 26-152,
September 09, 2026)
2.
Where the radial separation distance
from the lot line of an Emergency
Shelter, existing as of the effective
date of this By-law, is less than 300
metres to the lot line of any other lot
occupied by an existing Emergency
Shelter,
Corrections
Residence or
Correctional
Facility,
the
existing
Emergency Shelter may be expanded
or redeveloped to accommodate not
more than the permitted number of
residents permitted by the Zone in
which it is located.
(NOT FINAL AND BINDING, By-law No. 26-152,
September 09, 2026)
iv) Self Storage Facility:
1. A Self Storage Facility shall not be
permitted on the ground floor except for
access,
loading, utility
areas,
and
accessory retail and office.
2. In addition to Section 10.5.1.1. iv) 1., for
any building or portion thereof, subject
to the requirements of Section 10.5.3 g)
ii) and iii), a maximum of 50% of the
width of the ground floor façade facing a
Street Line may be occupied by a Self
Storage Facility.
3. Notwithstanding Section 10.5.1.1 iv) 1.,
for a building where no portion is subject
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-4
THE CITY OF HAMILTON
to the requirements of Section 10.5.3 a)
ii), individual storage units of a Self
Storage Facility shall be permitted to
occupy up to 40% of the ground floor
area of the building.
4. With the exception of an access
driveway, direct access to internal
parking and loading is not permitted
along the ground floor façade facing the
Front Lot Line.
5. Direct vehicular access to storage units
within
a
Self
Storage
Facility
is
prohibited.
(By-law No. 26-016, January 21, 2026)
10.5.2
PROHIBITED USES
i)
Notwithstanding Section 10.5.1, the following
uses are prohibited, except if considered
only as an accessory use to another
permitted use:
Community Garden
Garden Centre
Urban Farm
ii)
Notwithstanding Section 10.5.1, a Motor
Vehicle Dealership is prohibited, even as an
accessory use.
10.5.3
REGULATIONS
a) Building Setback
from a Street Line
i)
Minimum 3.0 metres for a building with
residential units on the ground floor facing a
street;
ii)
Maximum 4.5 metres, except where a
visibility triangle is required for a driveway
access;
iii)
Notwithstanding
Section
10.5.3i),
a
maximum 6.0 metres for that portion of a
building providing an access driveway to a
garage and,
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-5
THE CITY OF HAMILTON
iv)
Section 10.5.3ii) shall not apply for any
portion of a building that exceeds the
requirement of Section 10.5.3g)ii) and iii).
b) Minimum Rear Yard
i) 7.5 metres.
ii) Notwithstanding Section 10.5.3 b) i), in the
case of a corner lot where a rear lot line is
abutting a street, the requirements of Section
10.5.3 a) shall apply.
(By-law No. 24-137, July 12, 2024)
c) Minimum Interior
Side Yard
7.5 metres abutting a Residential or Institutional
Zone or lot containing a residential use.
d) Building Height
i)
Minimum 7.5 metre façade height for any
portion of a building along a street line;
ii)
Maximum 22.0 metres; and,
iii)
In
addition
to
Section
10.5.3d)i)
and
notwithstanding
Section
10.5.3d)ii),
any
building height above 11.0 metres may be
equivalently increased as the yard increases
beyond the minimum yard requirement
established in Section 10.5.3 b) and c) when
abutting a Residential or Institutional Zone to
a maximum of 22.0 metres.
iv)
In addition to the definition of Building Height
in Section 3: Definitions, any wholly enclosed
or partially enclosed amenity area, or any
portion of a building designed to provide
access to a rooftop amenity area shall be
permitted to project above the uppermost
point of the building, subject to the following
regulations:
A.
The total floor area of the wholly
enclosed or partially enclosed structure
belonging to an amenity area, or
portion of a building designed to
provide access to a rooftop amenity
area does not exceed 10% of the floor
area of the storey directly beneath;
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-6
THE CITY OF HAMILTON
B. The
wholly
enclosed
or
partially
enclosed structure belonging to an
amenity area, or portion of a building
designed to provide access to a
rooftop amenity area shall be setback
a minimum of 3.0 metres from the
exterior walls of the storey directly
beneath; and,
C.
The
wholly
enclosed
or
partially
enclosed structure belonging to an
amenity area, or portion of a building
designed to provide access to a
rooftop amenity area shall not be
greater than 3.0 metres in vertical
distance from the uppermost point of
the building to the uppermost point of
the rooftop enclosure.
e) Maximum Gross
Floor Area for an
Office Building
4,000.0 square metres per individual building.
(By-law No. 24-137, July 12, 2024)
f) Maximum Gross
Floor Area for
Microbrewery
700.0 square metres.
g) Built form for New
Development
In the case of new buildings constructed after the
effective date of this by-law or additions to
buildings existing as of the effective date of this
by-law:
i)
Rooftop mechanical equipment shall be
located and/or screened from view of any
abutting street.
ii)
For an interior lot or a through lot the
minimum width of the ground floor façade
facing the front lot line shall be greater than
or equal to 40% of the measurement of the
front lot line.
iii)
For a corner lot the minimum combined width
of the ground floor façade facing a street line
shall be greater than or equal to 50% of the
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-7
THE CITY OF HAMILTON
measurement of all lot lines abutting a street.
(By-law No. 24-137, July 12, 2024)
iv) In addition to Section 10.5.3g)i), ii) and iii),
the minimum width of the ground floor
façade facing a street line shall exclude
access driveways and any required yards
within a lot line abutting a street.
(By-law No. 24-137, July 12, 2024)
v)
For commercial development existing at the
time of the passing of the By-law, the
Section 10.5.3g)ii) and iii) shall not apply to
new commercial buildings subject to the
following:
1. The maximum Gross Floor Area of each
building shall be 650 square metres; and,
2. Notwithstanding Section 10.5.3d)i), the
minimum building height shall be 6.0
metres.
vi)
No parking, stacking lanes, or aisles shall be
located between the required building
façade and the front lot line and flankage lot
line.
1. Section 10.5.3g)vi) shall not apply for any
portion of a building that exceeds the
requirement of Section 10.5.3g) ii) and iii).
(By-law No. 17-240-OLT-05, March 14, 2022)
vii) A minimum of one principal entrance shall be
provided:
1. within the ground floor façade that is set
back is closest to a street; and,
2. shall be accessible from the building
façade with direct access from the public
sidewalk.
viii) A walkway shall be permitted in a Planting
Strip where required by the By-law.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-8
THE CITY OF HAMILTON
ix) Notwithstanding
Section
10.5.3,
for
properties designated under the Ontario
Heritage Act, any alternative building design
or building materials approved through the
issuance of a Heritage Permit shall be
deemed to comply with this Section.
h) Minimum Amenity
Area for Dwelling
Units and Multiple
Dwellings
On a lot containing 10 dwelling units or more, the
following Minimum Amenity Area requirements be
provided:
i)
An area of 4.0 square metres for each dwelling
unit less than or equal to 50 square metres of
gross floor area; and,
ii) An area of 6.0 square metres for each dwelling
unit greater than 50 square metres of gross
floor area.
iii) In addition to the definition of Amenity Area in
Section 3: Definitions, an Amenity Area located
outdoors shall be unobstructed and shall be at
or above the surface, and exposed to light and
air.
(By-law No. 19-062, March 27, 2019)
i) Planting Strip
Requirements
Where a property lot line abuts a property lot line
within a Residential Zone or an Institutional Zone
and not a Laneway, a minimum 1.5 metre wide
Planting Strip shall be provided and maintained.
j) Visual Barrier
Requirement
A visual barrier shall be required along any lot line
abutting a Residential Zone, Institutional Zone, or
Downtown (D5) Zone line in accordance with the
requirements of Section 4.19 of this By-law.
(By-law No. 19-062, March 27, 2019)
k) Outdoor Storage
i)
No outdoor storage of goods, materials, or
equipment shall be permitted; and,
ii)
Notwithstanding
Section
10.5.3k)i),
the
display of goods or materials for retail
purposes accessory to a Retail use shall
only be permitted in a front or flankage yard.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-9
THE CITY OF HAMILTON
10.5.4
EMERGENCY
SHELTER,
LODGING HOUSE,
PLACE OF
WORSHIP,
RESIDENTIAL
CARE FACILITY,
RETIREMENT
HOME AND
SOCIAL SERVICES
ESTABLISHMENT
REGULATIONS
a) Minimum Side and
Rear Yard:
7.5 metres.
b) Maximum Building
Height:
22.0 metres.
c) Minimum
Landscaped Area:
10% of the total Lot Area.
d) Co-Location of
Residential Care
Facility and Social
Services
Establishment in the
Same Building
Notwithstanding any requirement in the definition of
Residential Care Facility in Section 3 of this By-law
that such use must be in a fully detached residential
building, in the C5 Zone, a Social Services
Establishment and Residential Care Facility are
permitted to be located in the same building.
(NOT FINAL AND BINDING, By-law No. 26-152, September 09,
2026)
10.5.5
MOTOR VEHICLE
GAS BAR AND
MOTOR VEHICLE
SERVICE STATION
REGULATIONS
a) Minimum Yard
Abutting a Street
Notwithstanding Section 10.5.3a) i) and ii),
Minimum of 4.5 metres.
(By-law No. 19-062, March 27, 2019)
b) Minimum Yard for
Fuel Pump Islands,
4.5 metres from any lot line.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-10
THE CITY OF HAMILTON
Fuel Pumps and
Canopies
c) Minimum Planting
Strip Requirements
Notwithstanding Section 10.5.3i), a minimum 3.0
metre planting strip shall be required abutting any
street line, or Residential Zone or Institutional
Zone lot line, except for points for ingress and
egress.
(By-law No. 19-062, March 27, 2019)
d) Maximum Gross
Floor Area for
Accessory Retail
Uses to a Motor
Vehicle Gas Bar
175.0 square metres.
10.5.6
SINGLE
DETACHED AND
DUPLEX
DWELLINGS
LEGALLY
EXISTING AT THE
DATE OF THE
PASSING OF THE
BY-LAW
(November 8, 2017)
In addition to Section 4.12f) and in accordance
with subsection 34(10) of the Planning Act,
R.S.O.,1990, c.P.13, an addition or alteration to a
single detached or duplex dwelling not permitted
by the by-law but legally existing at the date of the
passing of the by-law that increases the volume
or size of the interior of the building shall be
permitted as follows:
i)
The increase shall not exceed a maximum
of 10% of the Gross Floor Area of the
building existing at the date of the passing of
the by-law;
ii) Section 10.5.3a)ii) and iii) and d)i) shall not
apply; and,
iii)
The
existing
side
yard
setbacks
are
maintained for the addition.
10.5.7
ACCESSORY
BUILDINGS
In accordance with the requirements of Section
4.8 of this By-law.
10.5.8
PARKING
In accordance with the requirements of Section 5
of this By-law.
10.5.9
URBAN FARM
In addition to Section 10.5.2i), and in addition to
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.5-11
THE CITY OF HAMILTON
(By-law No. 17-240, November 8, 2017)
the requirements of Section 4.26 of this By-law,
an Urban Farm shall only be permitted in the rear
yard or on the roof-top of the principal building.
(By-law No. 19-062, March 27, 2019)
10.5.10
COMMUNITY
GARDEN
In addition to Section 4.27 and 10.5.2 i) of this By-
law, a Community Garden shall only be permitted
in the rear yard or on the roof-top of the principal
building.
(By-law No. 19-062, March 27, 2019)
10.5.11
URBAN FARMERS
MARKET
In accordance with the requirements of Section
4.28 of this By-law.