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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)