Zoning By-law 05-200 - section15-6-mrr-r5a-zone-oct2026

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

This is the exact embedded text of the captured official document. Snapshot f547886b7b16 · 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 15.6 MID RISE RESIDENTIAL - LARGE SCALE (R4a) ZONE Explanatory Note: The intent of the R4s Zone is to permit a range of mid rise residential housing types, including multiple dwellings, and multiple dwelling townhouses as part of a comprehensive development, along arterial roads at the periphery of neighbourhoods. Local commercial uses are permitted to serve the residents of mixed use buildings 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 (R4a) 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: 15.6.1 PERMITTED USES Artist Studio Commercial School Community Garden Craftsperson Shop Child Care Centre Educational Establishment Financial Establishment Lodging House Medical Clinic Multiple Dwelling Multiple Dwelling Townhouse Office Personal Service Place of Worship Repair Service Restaurant Retail Residential Care Facility Retirement Home Social Services Establishment Tradesperson's Shop Urban Farm Veterinary Service (By-law No. 25-229, December 10, 2025) 15.6.1.1 RESTRICTED USES In addition to Section 15.6.1, the following uses shall be permitted in accordance with the following restrictions: CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 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: i. Art Gallery ii. Commercial School iii. Craftsperson Shop iv. Child Care Centre v. Financial Establishment vi. Medical Clinic vii. Office viii. Personal Service ix. Place of Worship x. Repair Service xi. Restaurant xii. Retail xiii. Studio xiv. Social Services Establishment xv. Tradesperson's Shop xvi. Veterinary Service ii) An Office shall be limited to a maximum Gross Floor Area of 500.0 square metres per individual building. iii) Multiple Dwelling Townhouse 1) A Multiple Dwelling Townhouse shall only be permitted on a lot which contains a Lodging House, Multiple Dwelling, Residential Care Facility, or Retirement Home which is greater than or equal to 18.0 metres in height, subject to the following regulations: A) The aggregate Gross Floor Area of all Multiple Dwelling Townhouses shall not exceed 40% of the aggregate Gross Floor Area of all uses on the lot. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 2) Section 15.6.1.1 iii) 1) A) shall not apply to a Multiple Dwelling Townhouse existing at the date of passing of the By-law (October 8, 2025), provided there is no increase in the number of Dwelling Units within an existing Multiple Dwelling Townhouse building. iv) 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) 15.6.1.2 PROHIBITED USES Notwithstanding Section 15.6.1, 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) 15.6.2 REGULATIONS 15.6.2.1 EDUCATIONAL ESTABLISHMENT, LODGING HOUSE, MULTIPLE DWELLING, RESIDENTIAL CARE FACILITY, AND RETIREMENT HOME REGULATIONS (By-law No. 25-229, December 10, 2025) a) Minimum Lot Frontage 30.0 metres. b) Minimum Setback from a Street Line i) 4.5 metres; ii) In addition to Section 15.6.2.1 b) i), 6.0 metres for any portion of a building exceeding 14.0 metres in height; and, CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 iii) Notwithstanding Section 15.6.2.1 b) 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. c) Minimum Setback from a Side Lot Line i) 4.5 metres; ii) Notwithstanding Section 15.6.2.1 c) 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 15.6.2.1 c) 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. iv) Notwithstanding Section 15.6.2.1 c) i) and ii), where the lot line abuts a lot in a Low Density Residential (R1), Low Density Residential - Small Lot (R1a), or Low Density Residential - Large Lot (R2) Zone: A) 7.5 metres; and, B) 10.0 metres for any part of the building exceeding 14.0 metres in height. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 d) Minimum Setback from the Rear Lot Line i) 10.0 metres; ii) Notwithstanding Section 15.6.2.1 d) i), when the rear lot line abuts a laneway, the minimum setback from the rear lot line shall be 7.5 metres; and, iii) In addition to Section 15.6.2.1 d) i) and ii), the minimum setback from the rear lot line shall be 14.0 metres for any portion of a building exceeding 14.0 metres in height. e) Maximum Building Height i) 40.0 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: 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, CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 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) 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. 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: mechanical equipment shall be located reened from view of any abutting street. g or aisles shall be located between the açade and a Street Line. al entrances shall face the street and be e from the building façade with direct om the public sidewalk. anding the definition of Planting Strip, a shall be permitted where required by ) above. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 m of 50% of the area of the ground floor ntaining a use permitted in Section 15.6.1.1 comprised of clear glazed windows and ndow and door frames, clear glazed and sidelights, doors with at least 50% ing, and a sill up to 0.6m in height are to be included in the calculation of the ed area. Signage and opaque/spandrel hall not be included in the calculation of the ed area. e interior side yard, a walkway with a width of 1.5 metres leading to a street shall ed. h) 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. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 i) 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, except: ii) Notwithstanding Section 15.6.2.1 i) i), for lots identified on Figure 46 of Schedule "F" - Special Figures of this By-law, 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 a Community Institutional (I2) Zone, a minimum 2.0 metre wide Planting Strip shall be provided and maintained. j) 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. k) Minimum Landscaped Area i) 30% of the Lot Area; ii) Notwithstanding Section 15.6.2.1 k) 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 l) Maximum Number of Vehicular Accesses on a Lot i) Two access driveways; ii) In addition to Section 15.6.2.1 l) i), one additional access driveway shall be permitted for every 150.0 metres of cumulative portions of any lot line abutting a street. m) Waste Storage Outdoor waste storage shall be fully enclosed and shall not be located in the front yard. 15.6.2.2 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. c) Minimum Setback from a Street Line i) 4.0 metres; ii) Notwithstanding Section 15.6.2.2 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 percent of the average Street Line setback of the two adjacent dwellings, or in the case of a corner lot, within 10 percent of the setback from the Street Line of the adjacent dwelling sharing a common lot line; and, B) In no case shall the setback from the Street Line be less than 0.5 metres. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 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 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; CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 ii) Notwithstanding Section 15.6.2.2 f) i), portions of a building used exclusively for providing access to a rooftop amenity area and privacy screens associated with a rooftop amenity area may project above the maximum permitted height by 3.0 metres, provided that any enclosed access is located 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; h) Minimum Landscaped Area i) 30% of the Lot Area; ii) Notwithstanding Section 15.6.2.2 h) i), for lots identified on Figure 46 of Schedule "F" - Special Figures of this By-law, the minimum Landscaped Area shall be 15% of the Lot Area; and, 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 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 15.6.2.2 i) i) located outdoors shall be unobstructed and shall be located at or above the surface, and exposed to light and air and may include balconies and patios; and, iii) In addition to Section 15.6.2.2 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. k) Maximum number of Vehicular Accesses on a Lot i) Two access driveways; ii) In addition to Section 15.6.2.2 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. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 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. 15.6.3 SINGLE DETACHED, SEMI- DETACHED, DUPLEX, TRIPLEX, FOURPLEX AND STREET TOWNHOUSE DWELLINGS EXISTING AT THE DATE OF THE PASSING OF THE BY-LAW (October 8, 2025) i) In addition to 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 as follows: Nothing in this section shall prevent the enlargement, extension, or alteration of an existing building or structure, provided that: 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; and, The existing side yard and front yard setbacks are maintained for the addition. 15.6.4 REGULATIONS FOR COMMUNITY GARDENS AND URBAN FARMS AS ACCESSORY USES 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. CITY OF HAMILTON ZONING BY-LAW SECTION 15: RESIDENTIAL ZONES October 08, 2025 b) Community Gardens i) In accordance with the requirements of Section 4.27 of this By-law. 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)