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SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-1
THE CITY OF HAMILTON
10.5a MIXED USE MEDIUM DENSITY - PEDESTRIAN FOCUS (C5a) ZONE
Explanatory Note: The C5a Zone is typically located along pedestrian oriented streets
where permitted commercial and residential uses create an active and vibrant
pedestrian realm. Built form consists of buildings with only commercial uses at-grade
and residential, commercial and limited institutional uses on the upper floors to
encourage a pedestrian and transit-supportive environment. The range of permitted
commercial uses along with their built form, are intended to meet the needs of residents
and visitors while creating an inviting pedestrian environment.
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 - Pedestrian Focus (C5a) 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:
10.5a.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
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No.21-189,
October 13, 2021)
Financial Establishment
Hotel
Laboratory
Medical Clinic
Microbrewery
Office
Performing Arts Theatre
Personal Service (By-law. No. 24-137, July 12, 2024)
Place of Assembly
Place of Worship
Repair Service
Restaurant
Retail
Social Services Establishment
Urban Farmers Market
Veterinary Service
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-2
THE CITY OF HAMILTON
10.5a.1.1 RESTRICTED USES
In addition to Section 10.5a.1, the following
uses shall be permitted in the accordance
with the following restrictions:
i)
Uses Permitted on Ground Floor:
1. Notwithstanding
10.5a.1,
the
following
uses
shall
only
be
permitted within the ground floor of
a building:
Beverage Making Establishment
Catering Service
Commercial Entertainment
Commercial Recreation
Microbrewery
ii)
Uses Permitted Above Ground Floor:
1.
Notwithstanding
10.5a.1,
the
following uses, excluding access
areas, accessory office and utility
areas, shall not be permitted on
the ground floor in a building
containing more than one non-
residential use:
Child Care Centre
Place of Worship
(By-law No. 25-155, August 06, 2025)
2. Notwithstanding Section 10.5a.1, a
Dwelling Unit(s), Mixed Use shall
only be
permitted
above
the
ground floor except for access,
accessory office and utility areas.
(By-law No. 21-189, October 13, 2021)
3. Notwithstanding 10.5a.1.1 ii) 2., a
Dwelling Unit(s), Mixed Use shall be
permitted in a basement or cellar.
(By-law No. 24-137, July 12, 2024)
iii)
Commercial Parking Facility:
1.
Notwithstanding Section 10.5a.1, a
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-3
THE CITY OF HAMILTON
Commercial
Parking
Facility,
excluding access driveway(s) shall
only
be
permitted
if
wholly
contained within a building and
shall not be permitted on the first
storey.
10.5a.2
PROHIBITED USES
i)
Notwithstanding Section 10.5a.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
10.5a.1,
a
Drive-Through Facility is prohibited,
even as an accessory use.
10.5a.3
REGULATIONS
a) Maximum Building
Setback from a Street
Line
i)
3.0 metres for the first storey, but except
where a visibility triangle is required for
a driveway setback;
ii)
Notwithstanding Section 10.5a.3a) i),
6.0 metres for that portion of a building
providing an access driveway to a
parking garage; and,
iii)
Section 10.5a.3a) i) shall not apply for
any portion of a building that exceeds
the requirement of Section10.5a.3 h) ii)
and iii).
(By-law No. 25-155, August 06, 2025)
b) Minimum Rear Yard
i) 7.5 metres.
ii) Notwithstanding Section 10.5a.3 b) i), in
the case of a corner lot where a rear lot
line
is
abutting
a
street,
the
requirements of Section 10.5a.3 a) shall
apply.
(By-law No. 24-137, July 12, 2024)
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-4
THE CITY OF HAMILTON
c) Minimum 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 10.5a.3d)i), and
notwithstanding
Section
10.5a.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
10.5a.3b) 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;
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
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-5
THE CITY OF HAMILTON
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 Office Use
2,500.0 square metres.
f) Maximum Gross Floor
Area for Commercial
Recreation
2,500.0 square metres.
g) Maximum Gross Floor
Area for Microbrewery
700.0 square metres.
h) 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 through lot the
minimum width of the ground floor
façade facing the front lot line shall be
greater than or equal to 75% of the
measurement of the front lot front line,
but shall exclude access driveways and
required yard along a lot line abutting a
street.
(By-law No. 24-137, July 12, 2024)
iii)
For a corner lot the minimum width of
the ground floor façade facing a street
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-6
THE CITY OF HAMILTON
line shall be greater than or equal to
50% of the measurement of all lot lines
abutting a street, but shall exclude
access driveways and required yard
along a lot line abutting a street.
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
iv) Intentionally left blank.
(By-law No. 24-137, July 12, 2024)
v)
No parking, stacking lanes, or aisles
shall be located between the required
building façade and the front lot line and
flankage lot line.
vi)
A minimum of one principal entrance
shall be provided:
1. within the ground floor façade that is
set back closest to a street; and,
2. shall be accessible from the building
façade with direct access from the
public sidewalk.
vii) A walkway shall be permitted in a
Planting Strip where required by the By-
law.
viii) Notwithstanding Section 10.5a.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.
ix)
A minimum of 60% of the area of the
ground floor façade facing the street
shall be composed of doors and
windows.
x)
The first storey shall have a minimum
height of 3.6 metres and a maximum
height of 4.5 metres.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-7
THE CITY OF HAMILTON
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, Downtown (D5) Zone or
Downtown (D6) Zone property line in
accordance with the requirements of Section
4.19 of this By-law.
k) Outdoor Storage
i)
No outdoor storage of goods, materials,
or equipment shall be permitted; and,
ii)
Notwithstanding Section 10.5a.3i), the
display of goods or materials for retail
purposes accessory to a Retail use shall
only be permitted in a front or flankage
yard.
l) Minimum Amenity
Area for Dwelling Unit,
Mixed Use
(By-law No. 22-084, April 13,
2022)
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. 21-189, October 13, 2021)
10. 5a.4
SINGLE DETACHED
In
addition
to
Section
4.12f)
and
in
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
November 19, 2018
10.5a-8
THE CITY OF HAMILTON
(By-law No. 17-240, November 8, 2017)
AND DUPLEX
DWELLINGS
LEGALLY EXISTING
AT THE DATE OF
THE PASSING OF
THE BY-LAW
(November, 8, 2017)
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 10.5a.3.a) and d) i) shall not
apply; and,
iii)
The existing side yard setbacks are
maintained for the addition.
10.5a.5
ACCESSORY
BUILDINGS
In accordance with the requirements of
Section 4.8 of this By-law.
10.5a.6
PARKING
In accordance with the requirements of
Section 5 of this By-law.
10.5a.7
URBAN FARM
In addition to Section 10.5a.2, and 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. 24-137, July 12, 2024)
10.5a.8
COMMUNITY
GARDEN
In addition to Section 4.27 and 10.5a.2 of this
By-law, a Community Garden shall only be
permitted in the rear yard or on the roof of
the principal building.
(By-law No. 24-137, July 12, 2024)
10.5a.9
URBAN FARMERS
MARKET
In accordance with the requirements of
Section 4.28 of this By-law.