Zoning By-law 05-200 - section11-3-toc3zone-oct2026

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

This is the exact embedded text of the captured official document. Snapshot eafec122dcd8 · 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 12, 2021 11.3-1 THE CITY OF HAMILTON 11.3 TRANSIT ORIENTED CORRIDOR MULTIPLE RESIDENTIAL (TOC3) ZONE Explanatory Note: The TOC3 Zone is located along collector and arterial roads that function as higher order transit corridors. The Zone recognizes the residential nature of sections of the corridor and the need to maintain these areas for residential purposes in the future. The built form requirements allow for medium-density development, however this zone also recognizes existing built form. No person shall erect, or use any building in whole or in part, or use any land in whole or in part, within a Multiple Residential (TOC3) 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: 11.3.1 PERMITTED USES Community Garden Educational Establishment Emergency Shelter Lodging House Multiple Dwelling Residential Care Facility Retirement Home Street Townhouse Dwelling (By-law No. 19-062, March 27 2019) (By-law No. 25-229, December 10, 2025) 11.3.1.1 RESTRICTED USES In addition to Subsection 11.3.1, 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 11.3.1.1 i) 1., dwelling unit(s) shall be permitted in a basement or cellar. ii) Restriction of Existing Commercial Uses 1. Notwithstanding Subsection 11.3.1, commercial uses that were legally established within buildings existing at the date of the passing of the By-law may convert to any of the following commercial uses: SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-2 THE CITY OF HAMILTON Artist Studio Catering Service Child Care Centre (By-law No. 25-155, August 06, 2025) Commercial School Communications Establishment Craftsperson Shop Financial Institution Office Performing Arts Theatre Personal Service Restaurant Retail Tradesperson's Shop (By-law No. 19-062, March 27 2019) iii) Emergency Shelter (By-law No. 25-155, August 06, 2025) (NOT FINAL AND BINDING, By-law No. 26-152, September 09, 2026) 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. 2. Where the radial separation 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) SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-3 THE CITY OF HAMILTON 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) 11.3.1.2 PROHIBITED USES Educational Establishment consisting of a College or University (By-law No. 25-229, December 10, 2025) 11.3.2 EDUCATIONAL ESTABLISHMENT, EMERGENCY SHELTER, LODGING HOUSE, MULTIPLE DWELLING, RESIDENTIAL CARE FACILITY, RETIREMENT HOME, REGULATIONS (By-law No. 25-229, December 10, 2025) a) Building Setback from a Street Line i) Minimum 3.0 metres; ii) Maximum 4.5 metres, except where a visibility triangle is required for a driveway access. iii) Notwithstanding Section ii) above, minimum 6.0 metres setback for that portion of a building providing an access driveway to a garage. iv) Section ii) above shall not apply for any portion of a building that exceeds the SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-4 THE CITY OF HAMILTON requirement of Section 11.3.2.f) ii) and iii) below. b) Minimum Rear Yard i) 7.5 metres; ii) Notwithstanding Section 11.3.2 b) i), in the case of a corner lot where a rear lot line is abutting a street line, the requirements of Section 11.3.2 a) shall apply. (By-law No. 24-137, July 12, 2024) c) Minimum Interior Side Yard 7.5 metres for lots abutting a Residential (R1), Residential (R1a), or Residential (R2) Zone. (By-law No. 19-062, March 27 2019) (By-law No. 25-229, December 10, 2025) d) Minimum Lot Area 360.0 square metres; e) Building Height i) Minimum 11.0 metres. ii) Maximum 22.0 metres. iii) In addition to Section i) above and notwithstanding Section ii) above, any building height above 11.0 metres may be equivalently increased as the yard increases beyond the minimum yard requirement established in Section 11.3.2 b) and c) above, when abutting a Residential or Institutional Zone, 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 SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-5 THE CITY OF HAMILTON 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 enclosure. f) 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 50% 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 30% of the measurement of all lot lines abutting the street. (By-law No. 24-137, July 12, 2024) iv) In addition to Subsection 11.3.2 f) 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) SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-6 THE CITY OF HAMILTON v) Notwithstanding ii) and iii) above, maximum one 6.0 metre wide driveway shall be permitted for ingress and egress. vi) No parking or aisles shall be located between a required building façade and the front lot line and flankage lot line. vii) Notwithstanding the above, 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. g) Minimum Landscaped Area for Multiple Dwellings 10% of the lot area shall be landscaped area. 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; (By-law No. 25-155, August 06, 2025) 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. 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 SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-7 THE CITY OF HAMILTON 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. 11.3.3 STREET TOWNHOUSE DWELLING REGULATIONS a) Minimum Lot Area per Unit 145.0 square metres; b) Minimum Lot Width per Unit 5.5 metres; c) Setback from a Street Line i) Minimum 3.0 metres; ii) Maximum 4.5 metres except where a visibility triangle is required for a driveway access. iii) Notwithstanding ii) above, minimum 6.0 metres for that portion of a building providing an access driveway to a garage. d) Minimum Side Yard i) 1.2 metres except for the side yard related to the common wall of the dwelling unit, which shall have a 0 metre side yard; and, ii) 3.0 metres for a flankage yard. e) Minimum Rear Yard 7.5 metres; f) Building Height i) Minimum 11.0 metres; iii) Maximum 22.0 metres; 11.3.4 SINGLE DETACHED, SEMI-DETACHED AND DUPLEX DWELLINGS EXISTING AT THE DATE OF PASSING In addition to Subsection 4.12 f), 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: SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW May 12, 2021 11.3-8 THE CITY OF HAMILTON OF THE BY-LAW (February 14, 2018) 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; ii) Subsection 11.3.3 e) i) shall not apply; and, iii) The side yard setbacks of the addition shall not be less than the existing side yard setbacks. 11.3.5 PARKING In accordance with the requirements of Section 5 of this By-law. 11.3.6 ACCESSORY BUILDINGS i) In accordance with the requirements of Section 4.8 of this By-law. ii) In addition to i) above, accessory buildings and structures shall not be subject to Section 11.3.2 a) above. 11.3.7 COMMUNITY GARDEN In accordance with the requirements of Section 4.27 of this By-law. 11.3.8 ADDITIONAL DWELLING UNIT REGULATIONS In accordance with the requirements of Section 4.33. of this By-law. (By-law No. 21-071, May 12, 2021) (By-law No. 22-132, June 08, 2022) (By-law No. 16-265, October 12, 2016) (By-law No. 18-032, February 14, 2018) (By-law No. 18-219, August 17, 2018) (By-law No. 19-062, March 27 2019)