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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)