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CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
15.4
MID RISE RESIDENTIAL - SMALL SCALE (R3) ZONE
Explanatory Note: The R3 Zone applies to low rise residential areas along
arterial and collector roads. The intent of the R3 Zone is to permit low rise
multiple dwellings and multiple dwelling townhouses within and at the periphery
of neighbourhoods.
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within a Mid Rise Residential - Small Scale (R3) 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:
15.4.1
PERMITTED USES
Child Care Centre
Community Garden
Educational Establishment
Lodging House
Multiple Dwelling
Multiple Dwelling Townhouse
Residential Care Facility
Retirement Home
Urban Farm
(By-law No. 25-229, December 10, 2025)
15.4.1.1 RESTRICTED USES
In addition to Section 15.4.1, the
following uses shall be permitted in
accordance with the following
restrictions:
i)
The following uses shall only be
permitted as a secondary use to a
Lodging House, Multiple Dwelling,
Residential Care Facility, or
Retirement Home and shall only be
permitted within the ground floor of
a building:
Child Care Centre
ii)
A Child Care Centre shall be
permitted as a secondary use to an
Educational Establishment.
(By-law No. 25-229, December 10, 2025)
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
iii)
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)
15.4.1.2 PROHIBITED USES
Educational Establishment consisting of a
College or University.
(By-law No. 25-229, December 10, 2025)
15.4.2
REGULATIONS
15.4.2.1 MULTIPLE DWELLING TOWNHOUSE
a) Dwelling Unit Arrangement
- Multiple Dwelling
Townhouse
Not more than eight (8) Dwelling
Units shall be attached in a
continuous row.
b) Minimum Unit Width for
each Dwelling Unit
i) 6.0 metres where the Dwelling Unit
contains a garage; and,
ii) 5.0 metres where the Dwelling Unit
does not contain a garage.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
c) Minimum Setback from a
Street Line
i) 4.0 metres;
ii) Notwithstanding Section 15.4.2.1 c)
i), for lots identified on Figure 46 of
Schedule "F" - Special Figures of
this By-law, a building may be
erected closer to the Street Line in
accordance with the following:
A) Within 10% of the average Street
Line setback of the two adjacent
dwellings, or in the case of a
corner lot, within 10% of the
setback from the Street Line of
the adjacent dwelling sharing a
common lot line; and,
B) In no case shall the Street Line
setback be less than 0.5 metres.
d) Minimum Setback from a
Side or Rear Lot Line
i) Where the lot line abuts a lot in a
Low Density Residential (R1), Low
Density Residential - Small Lot
(R1a), Low Density Residential -
Large Lot (R2), Neighbourhood
Institutional (I1), or Community
Institutional (I2) Zone:
A) For the first 25.0 metres
measured from the intersection
of the lot line and a street: 1.2
metres if the wall contains no
windows to a habitable room and
7.5 metres if the wall contains
windows to a habitable room;
and,
B) Beyond 25.0 metres measured
from the intersection of the lot
line and a street: 7.5 metres.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
ii) In all other cases:
A) 1.5 metres where the wall
contains no windows to a
Habitable Room; and,
B) 4.5 metres where the wall
contains windows to a Habitable
Room.
e) Minimum Distance Between
Buildings on a Lot
i) Between two exterior walls which
contain no windows to a Habitable
Room: 3.0 metres;
ii) Between two exterior walls, at least
one of which contains windows to a
Habitable Room: 6.0 metres; and,
iii) Between two exterior walls, both of
which contain windows to a
Habitable Room: 12.0 metres.
f) Maximum Building Height
i) 10.5 metres;
ii) 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 by 3.0 metres, provided that
any 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.
g) Built Form for New
Development
In the case of buildings constructed after
the effective date of this By-law:
i) Rooftop mechanical equipment shall
be located and/or screened from
view of any abutting street.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
h) Minimum Landscaped Area
i) 30% of the Lot Area;
ii) Notwithstanding Section 15.4.2.1 h)
i), for lots identified on Figure 46 of
Schedule "F" - Special Figures of
this By-law, the minimum
Landscaped Area shall be 15% of
the Lot Area; and,
iii) Within the Landscaped Area, the
requirements of Section 4.35.2 of
this By-law shall apply.
i) Minimum Amenity Area per
Dwelling Unit
i) 5.0 square metres per Dwelling Unit,
which may be provided in a
communal area, exclusive to the
Dwelling Unit or a combination of
both;
ii) In addition to the definition of
Amenity Area, an Amenity Area
satisfying Section 15.4.2.1 i) i)
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,
iii) In addition to Section 15.4.2.1 i) i),
an area of 4.0 square metres per
Dwelling Unit which is located above
another Dwelling Unit or has a rear
wall attached to the rear wall of
another dwelling unit must be
provided in one or more communal
areas each having a minimum area
of 20 square metres and which is
located entirely outdoors and on the
surface of the ground.
j) Location of Parking
No parking spaces shall be located
between a Façade and the Front Lot Line
or between the Façade and a Flankage Lot
Line, except that parking shall be permitted
on individual driveways leading to garages
forming part of a Dwelling Unit.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
k) Maximum Number of
Vehicular Accesses on a
Lot
i) Two access driveways;
ii) In addition to Section 15.4.2.1 k) i),
one additional access driveway shall
be permitted for every 150.0 metres
of cumulative portions of any lot line
abutting a street.
l) Pedestrian Accesses
Any ground floor Dwelling Unit adjacent to
a yard abutting a street must have a
minimum of one pedestrian entrance which
is located in a façade facing a street.
m) Maximum Height of a
Principal Pedestrian
Entrance
The height of the floor level of any principal
pedestrian entrance shall be a maximum of
1.2 metres above grade.
n) Waste Storage
Outdoor waste storage shall be fully
enclosed and shall not be located in the
front yard.
15.4.2.2 EDUCATIONAL ESTABLISHMENT, LODGING HOUSE, MULTIPLE
DWELLING, RESIDENTIAL CARE FACILITY, AND RETIREMENT
HOME REGULATIONS
(By-law No. 25-229, December 10, 2025)
a) Minimum Setback from a
Street Line
i) 4.0 metres;
ii) Notwithstanding Section 15.4.2.2 a)
i), for lots identified on Figure 46 of
Schedule "F" - Special Figures of
this By-law, a building may be
erected closer to the Street Line in
accordance with the following:
A) Within 10% of the average
setback from the front lot line or
flankage lot line of the two
adjacent dwellings, or in the
case of a corner lot, within 10%
of the setback from the front lot
line of the adjacent dwelling
sharing a side lot line; and,
B) In no cases shall the setback
from the front lot line be less
than 0.5 metres.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
b) Minimum Setback from a
Side Lot Line
i) 1.2 metres.
ii) Notwithstanding Section 15.4.2.2. b)
i), where windows of a Habitable
Room face a side lot line, the
minimum setback shall be 4.0
metres.
iii) Notwithstanding Section 15.4.2.2 b)
i) and ii), 6.0 metres for an
Educational Establishment.
(By-law No. 25-229, December 10, 2025)
c) Minimum Setback from the
Rear Lot Line
7.5 metres.
d) Maximum Building Height
i) 12.0 metres;
ii) 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 by 3.0 metres, provided that
any 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.
e) Minimum Landscaped Area
i) 30% of the Lot Area.
ii) Notwithstanding Section 15.4.2.2 e)
i), for lots identified on Figure 46 of
Schedule "F" - Special Figures of
this By-law, the minimum
Landscaped Area shall be 15% of
the Lot Area.
iii) Within the Landscaped Area, the
requirements of Section 4.35.2 of
this By-law shall apply.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
f) Minimum Distance Between
Buildings on a Lot
i) Between two exterior walls which
contain no windows to a Habitable
Room: 3.0 metres;
ii) Between two exterior walls, one of
which contains windows to a
Habitable Room: 6.0 metres;
iii) Between two exterior walls, both of
which contain windows to a
Habitable Room: 12.0 metres.
g) Built Form for New
Development
In the case of buildings constructed after
the effective date of this By-law excluding
any alterations to a façade, windows or
doors, after the effective date of this bylaw:
i) Rooftop mechanical equipment shall
be located and/or screened from
view of any abutting street;
ii) No parking, or aisles shall be
located between the building façade
and a Street Line; and,
iii) All principal entrances shall face the
street and be accessible from the
building façade with direct access
from the public sidewalk.
h) Minimum Amenity Area
Per Dwelling Unit
On a lot containing more than 10 Dwelling
Units, the following minimum Amenity Area
requirements shall be provided exclusively
for the residential use and shall be
functionally separated from public areas
associated with any non-residential use:
i) 5.0 square metres per Dwelling Unit,
subject to the following regulations:
A) 3.0 square metres shall be
outdoors on or above the
ground, at least 50% of which
shall be a contiguous area; and,
B) 2.0 square metres shall be
indoors.
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
j) Maximum Number of
Vehicular Accesses on a
Lot
i) Two access driveways;
ii) In addition to Section 15.4.2.2 j) i),
one additional access driveway shall
be permitted for every 150.0 metres
of cumulative portions of any lot line
abutting a street.
k) Waste Storage
Outdoor waste storage shall be fully
enclosed and shall not be located in the
front yard.
15.4.3
SINGLE DETACHED, SEMI-
DETACHED, DUPLEX,
TRIPLEX, FOURPLEX
DWELLINGS AND STREET
TOWNHOUSE DWELLING
EXISTING AT THE DATE OF
THE PASSING OF THE BY-
LAW (October 08, 2025)
i) In addition to Section 1.11 d) and
Section 4.12 j) and in accordance
with Section 34(10) of the Planning
Act, R.S.O., 1990, c.P.13, an
addition or alteration to a Single
Detached, Semi-Detached, Duplex,
Triplex, Fourplex and Street
Townhouse 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 building shall be
permitted and subject to the
requirements of Section 15.1.2 -
Regulations, of the Low Density
Residential (R1) Zone, and;
ii) In addition to the permissions of
Section 15.4.3 i), an Additional
Dwelling Unit shall be permitted in
accordance with the requirements of
Section 4.33.
15.4.4
REGULATIONS FOR
COMMUNITY GARDENS
AND URBAN FARMS AS
ACCESSORY USES
CITY OF HAMILTON
ZONING BY-LAW
SECTION 15: RESIDENTIAL ZONES
October 08, 2025
a) 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.
b) Community Gardens
i) In accordance with the requirements
of Section 4.27 of this By-law; and,
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. 25-189, October 08, 2025)