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SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-1
THE CITY OF HAMILTON
11.4 TRANSIT ORIENTED CORRIDOR MIXED USE HIGH DENSITY
(TOC4) ZONE
Explanatory Note: The TOC4 Zone is applied within the Centennial Sub-Regional
Service Node, along the major arterial road that functions as a higher order transit
corridor. The Zone provides for a mixture of service commercial and retail uses intended
to serve a regional market and the day-to-day needs of residents in the immediate area.
The intent of the built form requirements is to create a people place through the design
and physical arrangement of service commercial, retail and high density residential uses
to facilitate the function of the area as a major transit hub.
No person shall erect, or use any building in whole or in part, or use any land in whole
or in part, within a Transit Oriented Corridor Mixed Use High Density (TOC4) 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:
11.4.1
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
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No. 21-189,
October 13, 2021)
Financial Establishment
Hotel
Laboratory
Long Term Care Facility
Medical Clinic
Microbrewery
Office
Performing Arts Theatre
Personal Service
Place of Assembly
Place of Worship
Repair Service
Restaurant
Retail
Retirement Home
Social Services Establishment
Tradesperson's Shop
Urban Farmers Market
SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-2
THE CITY OF HAMILTON
Veterinary Service
11.4.1.1 RESTRICTED
USES
i)
In addition to Subsection 11.4.1, the following
use shall be permitted in accordance with the
following restrictions:
i)
1.
Restriction of Uses within a building:
A.
Notwithstanding Subsection 11.4.1, a
Dwelling Unit(s), Mixed Use shall
only be permitted above the ground
floor.
(By-law No. 21-189, October 13, 2021)
11.4.2
PROHIBITED
USES
i)
Notwithstanding Section 11.4.1, the following
uses are prohibited, even as an accessory use:
Drive-Through Facility
Motor Vehicle Dealership
Motor Vehicle Gas Bar
Motor Vehicle Rental Establishment
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
ii)
Notwithstanding Section 11.4.1, the following
use is prohibited, except if considered an
accessory use to another permitted use:
Garden Centre
11.4.3
REGULATIONS
a) Building Setback
from a Street Line
i)
Maximum 3.0 metres, except where a visibility
triangle is required for a driveway access.
ii)
Notwithstanding Subsection i), a minimum
setback of 6.0 metres for that portion of a
building providing an access driveway to a
garage.
iii)
Where a building(s) exists and complies with
Subsection 11.4.3 g) ii) and iii), additional
building(s) constructed on the lot shall not be
subject to Subsection 11.4.3 a) i) and ii) as it
relates to setback from a lot line.
SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-3
THE CITY OF HAMILTON
b) Minimum Rear Yard
i) 7.5 metres.
ii) Notwithstanding Section 11.4.3 b) i), in the case of
a corner lot where a rear lot line is abutting a street
line, the requirements of Section 11.4.3 a) shall
apply.
(By-law No. 24-137, July 12, 2024)
c) Minimum Interior
Side Yard
7.5 metres abutting a Residential Zone or Institutional
Zone.
d) Building Height
i)
Minimum 11.0 metres;
ii)
Maximum 40.0 metres;
iii)
In addition to Subsection 11.4.3 d) i) and
notwithstanding Subsection 11.4.3 d) ii), any
building height above 11.0 metres may be
equivalently increased as the yard increases
beyond
the
minimum
yard
requirement
established in Subsection 11.4.3 b) and c) when
abutting a Residential or Institutional Zone, to a
maximum building height of 22.0 metres;
iv)
Any portion of a building above 22.0 metres in
height, to a maximum of 40.0 metres, shall be
setback a minimum of 29.5 metres from the rear
or interior side lot line when abutting a
Residential or Institutional Zone;
v)
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;
SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-4
THE CITY OF HAMILTON
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.
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 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 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 75% of the
measurement of all lot lines abutting the street.
(By-law No. 24-137, July 12, 2024)
iv)
In addition to Subsection 11.4.3 g) ii) and iii), the
minimum width of the ground floor façade facing
a street line shall exclude access driveways and
SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-5
THE CITY OF HAMILTON
required yards along a lot line abutting a street.
(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 or flankage lot line.
vi)
A minimum of one principal entrance shall be
provided:
1. Within the ground floor façade that is
setback closest to the street; and,
2. Shall be accessible from the building façade
with direct access from the public sidewalk.
vii)
Notwithstanding the definition of planting strip, a
sidewalk shall be permitted where required by
Subsection vi) above.
viii)
For commercial development existing at the
time of passing of this by-law, Subsections
11.4.3 g) 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 Subsection 11.4.3 d) i),
the minimum Building Height shall be 4.5
metres.
ix)
Notwithstanding
Subsection
11.4.3,
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.
x)
The first storey shall have a minimum height of
3.6 metres and a maximum height of 4.5 metres.
h) Minimum Amenity
Area for Dwelling
Units in Conjunction
with a Commercial
On a lot containing more than 10 dwelling units, the
following Minimum Amenity Area requirements shall be
provided:
SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-6
THE CITY OF HAMILTON
Use
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.
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
i)
A visual barrier shall be required along any lot
line
abutting
an
Institutional
Zone
or
Residential Zone in accordance with the
requirements of Section 4.19 of this By-law.
ii)
Notwithstanding Subsection 11.4.3 j) i), no
visual barrier(s) shall be permitted between the
building façade and the street.
k) Outdoor Storage
i)
No outdoor storage of goods, materials, or
equipment shall be permitted.
ii)
Notwithstanding Subsection 11.4.3 k) i), 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.
11.4.4
PARKING
In accordance with the requirements of Section 5 of
this By-law.
SECTION 11: TRANSIT ORIENTED CORRIDOR ZONES ZONING BY-LAW
June 2018
11.1-7
THE CITY OF HAMILTON
(By-law 18-032, February 14, 2018)
11.4.5
ACCESSORY
BUILDINGS
i)
In accordance with the requirements of Section
4.8 of this By-law.
ii)
Notwithstanding
Subsection
11.4.5
i),
accessory buildings and structures shall not be
subject to 11.4.3 a).
11.4.6
URBAN FARMERS
MARKET
In accordance with the requirements of Section 4.28 of
this By-law.