Zoning By-law 05-200 - section11-1-toc1zone-oct2026

Hamilton, Ontario · No. 05-200 · summary & facts

This is the exact embedded text of the captured official document. Snapshot e70113b953d4 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-1 THE CITY OF HAMILTON 11.1 TRANSIT ORIENTED CORRIDOR MIXED USE MEDIUM DENSITY (TOC1) ZONE Explanatory Note: The TOC1 Zone is located along collector and arterial roads that function as higher order transit corridors. The Zone provides for a mixture of service commercial, retail and residential uses in stand-alone or mixed use buildings. The intent of the built form requirements is to create complete streets that are transit supportive and will provide for active, and pedestrian oriented streets. 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 (TOC1) 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: 11.1.1 PERMITTED USES Artist Studio Beverage Making Establishment Catering Service Child Care Centre (By-law No. 25-155, August 06, 2025) Commercial Entertainment 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 Hotel Laboratory Lodging House Long Term Care Facility Medical Clinic Microbrewery Multiple Dwelling Office Performing Arts Theatre Personal Service Place of Assembly Place of Worship Repair Service Residential Care Facility Restaurant Retail SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-2 THE CITY OF HAMILTON Retirement Home Social Services Establishment Tradesperson's Shop Transportation Depot Urban Farmers Market Veterinary Service 11.1.1.1 RESTRICTED USES In addition to Subsection 11.1.1, the following use 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 Subsection 11.1.1.1 i) 1., Dwelling Unit(s) shall be permitted in a basement or cellar. (By-law No. 19-062, March 27 2019) ii) Emergency Shelter: 1. Maximum Capacity for Emergency Shelter is 50 residents. (NOT FINAL AND BINDING, By-law No. 26- 152, September 09, 2026) iii) Emergency Shelter 1. Except as provided for in Subsection 2, 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. (NOT FINAL AND BINDING, By-law No. 26- 152, September 09, 2026) 2. Where the radial separation SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-3 THE CITY OF HAMILTON distance from the lot line of an Emergency Shelter existing on the date of passing 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) 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. (NOT FINAL AND BINDING, By-law No. 26- 152, September 09, 2026) 11.1.2 PROHIBITED USES i) Notwithstanding Section 11.1.1 above, the following uses are prohibited, even as an accessory use: Drive-Through Facility Duplex Dwelling Motor Vehicle Dealership Motor Vehicle Gas Bar Motor Vehicle Rental Establishment Motor Vehicle Service Station Motor Vehicle Washing Establishment Semi-Detached Dwelling SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-4 THE CITY OF HAMILTON Single Detached Dwelling Street Townhouse Dwelling ii) Notwithstanding Section 11.1.1 above, the following uses are prohibited, except if considered an accessory use to another permitted use: Garden Centre 11.1.3 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 i) above, a minimum setback of 6.0 metres for that portion of a building providing an access driveway to a garage. iv) Section i) above, shall not apply for any portion of a building that exceeds the requirement established in Section 11.1.3 g) ii) and iii) below. b) Minimum Rear Yard i) 7.5 metres. ii) Notwithstanding Section 11.1.3 b) i), in the case of a corner lot where a rear lot line is abutting a street line, the requirements of Section 11.1.3 a) shall apply. (By-law No. 24-137, July 12, 2024) c) Minimum Interior Side Yard i) 7.5 metres abutting a Single Detached Dwelling, Semi-Detached Dwelling, and Street Townhouse. (By-law No. 19-062, March 27 2019) d) Building Height i) Minimum 11.0 metres; and, ii) Maximum 22.0 metres. SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-5 THE CITY OF HAMILTON iii) In addition to Subsection i) and notwithstanding Subsection ii), any building height above 11.0 metres may be equivalently increased as the yard increases beyond the minimum yard requirement established in Subsection 11.1.3. b) and c), when abutting a Residential or Institutional Zone, to a maximum of 22.0 metres. (By-law No. 21-189, October 13, 2021) iv) In addition to the definition of Building Height, 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 shall not exceed 10% of the floor area of the storey directly beneath; B. The wholly enclosed or partially enclosed 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 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 SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-6 THE CITY OF HAMILTON enclosure. e) Maximum Gross Floor Area for Microbrewery 700.0 square metres; f) Maximum Gross Floor Area for an Office Building 4,000.0 square metres per individual building. (By-law No. 24-137, July 12, 2024) g) Built Form for New Development In the case of buildings constructed after the effective date of this By-law excluding any alterations to façade, windows or doors, after 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 75% 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 measurement of all lot lines abutting the street. (By-law No. 24-137, July 12, 2024) iv) In addition to Subsection 11.1.3 g) 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) Notwithstanding ii) and iii) above, a maximum of one driveway with a maximum width of 6.0 metres shall be permitted for ingress and egress. vi) No parking, stacking lanes, or aisles shall be located between the required SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-7 THE CITY OF HAMILTON building façade and the front lot line or flankage lot line. vii) All principal entrances shall face the street and be accessible from the building façade with direct access from the public sidewalk. viii) Notwithstanding the definition of planting strip, a sidewalk shall be permitted where required by Section vi) above. ix) Notwithstanding Subsection 11.1.3, 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 Subsection. h) Minimum Amenity Area for Dwelling Units and Multiple Dwellings On a lot containing more than 10 dwelling units, the following Minimum Amenity Area requirements shall be provided: i) An area of 4.0 square metres for each dwelling unit less than 50 square metres; ii) An area of 6.0 square metres for each dwelling unit more than 50 square metres; iii) In addition to the definition of Amenity Area, an Amenity Area located outdoors shall be unobstructed and shall be at or above the surface, and exposed to light and air and may include balconies and patios; and, iv) In addition to the definition of Amenity Area, the required Amenity Area shall be provided exclusively for the residential component and shall be functionally separated from public areas associated with any commercial component. SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-8 THE CITY OF HAMILTON i) Visual Barrier i) A visual barrier shall be required along any lot line abutting a Downtown D5 Zone, Institutional Zone or Residential Zone in accordance with the requirements of Section 4.19 of this By- law. ii) Notwithstanding i) above, no visual barrier(s) shall be permitted between the building façade and the street. j) Outdoor Storage i) No outdoor storage of goods, materials, or equipment shall be permitted. ii) Notwithstanding Section i) above, the display of goods or materials for retail purposes accessory to a retail use shall only be permitted in a front yard or flankage yard. k) 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 TOC1 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) 11.1.4 SINGLE DETACHED, SEMI-DETACHED AND DUPLEX DWELLINGS EXISTING AT THE DATE OF PASSING OF THE BY-LAW (February 14, 2018) In addition to Subsection 4.12 f) 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 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 passing of the by-law; SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-9 THE CITY OF HAMILTON (By-law No. 16-265, October 12, 2016) (By-law No. 18-032, February 14, 2018) ii) Subsection 11.1.3 d) i) shall not apply; and, iii) The side yard setbacks of the addition shall not be less than the existing side yard setbacks. 11.1.5 PARKING In accordance with the requirements of Section 5 of this By-law. 11.1.6 ACCESSORY BUILDINGS i) In accordance with the requirements of Section 4.8 of this By-law. ii) Notwithstanding i) above, accessory buildings and structures shall not be subject to 11.1.3 a) above. 11.1.7 URBAN FARMERS MARKET In accordance with the requirements of Section 4.28 of this By-law. 11.1.8 REGULATIONS FOR COMMUNITY GARDENS AND URBAN FARMS AS ACCESSORY USES a) Community Gardens i) In accordance with the requirements of Section 4.27 of this By-law. ii) In addition to i) above, a Community Garden 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) b) Urban Farms i) In accordance with the requirements of Subsection 4.26 (c) of this By-law. ii) In addition to i) above, 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) SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 10, 2019 11.1-10 THE CITY OF HAMILTON (By-law No. 18-219, August 17, 2018)