Zoning By-law 05-200 - section15-5-mrr-r4-zone-oct2-2026

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

This is the exact embedded text of the captured official document. Snapshot 707fe9d0a965 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 15.5 MID RISE RESIDENTIAL (R4) ZONE Explanatory Note: The R4 Zone is located along arterial roads. The Zone permits a range of mid rise residential housing types and provides a transition between low density residential areas and denser forms of development. Local commercial uses are permitted in mixed use buildings to serve residents and the surrounding 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 (R4) 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: 15.5.1 PERMITTED USES Artist Studio Community Garden Craftsperson Shop Child Care Centre Educational Establishment Lodging House Multiple Dwelling Multiple Dwelling Townhouse Office Personal Service Residential Care Facility Retirement Home Repair Service Restaurant Retail Social Services Establishment Tradesperson's Shop Urban Farm (By-law No. 25-229, December 10, 2025) 15.5.1.1 RESTRICTED USES In addition to Section 15.5.1, 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 on the ground floor of a building: CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 Craftsperson Shop Child Care Centre Office Personal Service Repair Service Restaurant Retail Social Services Establishment Studio Tradesperson's Shop ii) An Office shall be limited to a maximum Gross Floor Area of 500.0 square metres per individual building. 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) 15.5.1.2 PROHIBITED USES Notwithstanding Section 15.5.1, the following uses shall be prohibited, even as an accessory use: Drive-Through Facility Educational Establishment consisting of a College or University (By-law No. 25-229, December 10, 2025) 15.5.2 REGULATIONS 15.5.2.1 EDUCATIONAL ESTABLISHMENT, LODGING HOUSE, MULTIPLE DWELLING, RESIDENTIAL CARE FACILITY, AND RETIREMENT HOME REGULATIONS (By-law No. 25-229, December 10, 2025) CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 a) Minimum Setback from a Street Line i) 4.5 metres; ii) Notwithstanding Section 15.5.2.1 a) i), for lots identified on Figure 46 of Schedule "F" - Special Figures of this By-law, the minimum setback from a street line shall be 3.0 metres. b) Minimum Setback from a Side Lot Line i) 4.5 metres; ii) Notwithstanding Section 15.5.2.1 b) i), for lots identified on Figure 46 Schedule "F" - Special Figures of this By-law, the minimum setback from a side lot line shall be 3.0 metres and a minimum aggregate of 7.5 metres; iii) Notwithstanding Section 15.5.2.1 b) i) and ii), where windows of a Habitable Room face a side lot line: A. 7.5 metres; and, B. 10.0 metres for any portion of a building exceeding 14.0 metres in height. c) Minimum Setback from the Rear Lot Line i) 7.5 metres; ii) In addition to Section 15.5.2.1 c) i), 10.0 metres for any portion of a building exceeding 14.0 metres in height. d) Maximum Building Height i) 22.0 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, subject to the following regulations: CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 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 enclosure. e) Minimum Distance Between Buildings on a Lot i) Between two exterior walls which contain no windows to a Habitable Room: 6.0 metres; ii) Between two exterior walls, at least one of which contains windows to a Habitable Room: A) For any portion of the building equal to or less than 14.0 metres in height: 15.0 metres. B) For any portion of the building exceeding 14.0 metres in height: 20.0 metres. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 f) 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) No parking or aisles shall be located between the building façade and a Street Line. iii) All principal entrances shall face the street and be accessible from the building façade with direct access from the public sidewalk. iv) Notwithstanding the definition of Planting Strip, a sidewalk shall be permitted where required by Section iii) above. v) A minimum of 50% of the area of the ground floor façade containing a use permitted in Section 15.5.1.1 i) shall be comprised of clear glazed windows and doors. Window and door frames, clear glazed transoms and sidelights, doors with at least 50% clear glazing, and a sill up to 0.6m in height are permitted to be included in the calculation of the clear glazed area. Signage and opaque/spandrel glazing shall not be included in the calculation of the clear glazed area; and, vi) Within the interior side yard, a walkway with a minimum width of 1.5 metres leading to a street shall be required. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 g) Minimum Amenity Area for a Multiple Dwelling 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. h) Planting Strip i) Where a property lot line abuts a property lot line within 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 minimum 3.0 metre wide Planting Strip shall be provided and maintained; ii) Notwithstanding Section 15.5.2.1 h) i), for lots identified on Figure 46 of Schedule "F" - Special Figures of this By-law, a minimum 2.0 metre wide Planting Strip shall be provided and maintained along any lot line abutting a Residential Zone except a R3, R4, or R4a Zone, or Institutional Zone. i) Visual Barriers A visual barrier shall be required along any lot line abutting a Residential Zone, Institutional Zone, or Downtown (D5) Zone line in accordance with the requirements of Section 4.19 of this By-law. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 j) Minimum Landscaped Area i) 30% of the Lot Area; ii) Notwithstanding Section 15.5.2.1 j) i), for lots identified on Figure 46 of Schedule "F" - Special Figures of this By-law, the minimum Landscaped Area shall be 15%. iii) Within the Landscaped Area, the requirements of Section 4.35.2 of this By-law shall apply; and, k) Maximum Number of Vehicular Accesses per Lot i) Two access driveways; ii) In addition to Section 15.5.2.1 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) Waste Storage Outdoor waste storage shall be fully enclosed and shall not be located in the front yard. 15.5.2.2 MULTIPLE DWELLING TOWNHOUSE REGULATIONS a) 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; and, ii) Notwithstanding Section 15.5.2.2 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; 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 CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 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) 13.5 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 15.5.2.2 h) i), for lots identified on Figure 46 of Schedule "F" - Special Figures of this By-law, the minimum Landscaped Area shall be 15%; 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 15.5.2.2 i) i) located outdoors shall be unobstructed and shall be located at or above the surface of the ground, and exposed to light and air and may include balconies and patios; and, iii) In addition to Section 15.5.2.2 i) i), 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 20.0 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 per Lot i) Two access driveways; ii) In addition to Section 15.5.2.2 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 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. 15.5.3 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 15.5.3 i), an Additional Dwelling Unit shall be permitted in accordance with the requirements of Section 4.33. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 15.5.4 REGULATIONS FOR COMMUNITY GARDENS AND URBAN FARMS AS ACCESSORY USES a) Community Garden i) In accordance with the requirements of Subsection 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. b) Urban Farms i) In accordance with the requirements of Subsection 4.26 (c) of this By- law; and, 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. 25-189, October 08, 2025)