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THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-1
2.1
ESTABLISHMENT OF CLASSIFICATIONS AND ZONES
For the purpose of this By-law, the following land use classifications and zones
are hereby established:
a)
Downtown Classification
Zones
Zone Symbol
Downtown Central Business District Zone
D1
Downtown Mixed Use - Pedestrian Focus Zone
D2
(By-law No. 18-114, May 9, 2018
Downtown Mixed Use Zone
D3
Downtown Residential Zone
D5
Downtown Multiple Residential Zone
D6
b)
Open Space and Parks Classification
Zones
Neighbourhood Park Zone
P1
Community Park Zone
P2
City Wide Park Zone
P3
Open Space Zone
P4
Conservation/Hazard Land Zone
P5
(By-law 06-166, June 14, 2006)
Conservation/Hazard Land - Rural Zone
P6
Conservation/Hazard Land - Rural Zone
P7
Conservation/Hazard Land - Rural Zone
P8
(By-law 15-173, July 10, 2015, OMB
Approval May 3, 2016)
c)
Institutional Classification
Zones
Neighbourhood Institutional Zone
I1
Community Institutional Zone
I2
Major Institutional Zone
I3
(By-law 07-101, March 28, 2007)
d)
Industrial Classification
Zones
Research and Development Zone
M1
(By-law 07-043, February 15, 2007)
General Business Park Zone
M2
(By-law 10-128, May 26, 2010)
Prestige Business Park Zone
M3
(By-law 10-128, June 28, 2011)
Business Park Support Zone
M4
General Industrial Zone
M5
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-2
Light Industrial Zone
M6
(By-law 10-128, May 26, 2010)
Airside Industrial Zone
M7
(By-law 10-288, October 13, 2010, OMB
Approval April 10, 2015)
Airport Related Business Zone
M8
(By-law 10-288, October 13, 2010, OMB
Approval April 10, 2015)
Airport Reserve Zone
M9
(By-law 10-288, October 13, 2010, OMB
Approval April 10, 2015)
Airport Light Industrial Zone
M10
(By-law 10-288, October 13, 2010, OMB
Approval April 10, 2015)
Airport Prestige Business Park Zone
M11
(By-law 10-288, October 13, 2010, OMB
Approval April 10, 2015)
Extractive Industrial
M12
(By-law 15-173, July 10, 2015, OMB
Approval May 3, 2016)
Shipping and Navigation (Port Lands)
Zone
M13
(By-law 18-092, April 11, 2018)
Shipping and Navigation (East Port)
Zone
M14
(By-law 18-092, April 11, 2018)
e)
Rural Classification
Zones
Agriculture
A1
Rural
A2
Settlement Residential
S1
Settlement Commercial
S2
Settlement Institutional
S3
Existing Rural Commercial
E1
Existing Rural Industrial
E2
(By-law 15-173, July 10, 2015, OMB
Approval May 3, 2016)
f)
Utility Classification
Zones
Airport
U1
(By-law No. 15-236, October 14, 2015,
OMB Approval August 22, 2016)
Utility Zone
U2
(By-law No. 18-114, May 9, 2018
Parking
U3
(NOT FINAL AND BINDING By-law No.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-3
17-240, November 8, 2017)
g)
Transit Oriented Corridor
Zones
Transit Oriented Corridor Mixed Use
Medium Density
TOC1
Transit Oriented Corridor Local
Commercial
TOC2
Transit Oriented Corridor Multiple
Residential
TOC3
(By-law No. 16-265 October 12, 2016
OMB Approved May 1, 2017)
Transit Oriented Corridor Mixed Use High
Density
TOC4
(By-law No. 18-032, February 14, 2018)
h)
Commercial and Mixed Use Zone
Classification
Zones
Residential Character Commercial Zone
C1
Neighbourhood Commercial Zone
C2
Community Commercial Zone
C3
Mixed Use High Density Zone
C4
Mixed Use Medium Density Zone
C5
Mixed Use Medium Density - Pedestrian
Focus Zone
C5a
District Commercial Zone
C6
Arterial Commercial Zone
C7
(By-law No. 17-240, November 8, 2017)
i)
Waterfront Zones
Multiple Residential
WF1
Mixed Use
WF2
Prime Retail Streets
WF3
(By-law No. 17-095-LPAT-01, May 24, 2017)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-4
j)
Residential Zones
Low Density Residential
R1
Low Density Residential - Small Lot
Low Density Residential - Large Lot
Mid Rise Residential - Small Scale
Mid Rise Residential
Mid Rise Residential - Large Scale
R1a
R2
R3
R4
R4a
(By-law No. 22-197, August 12, 2022)
(By-law No. 24-051, April 10, 2024)
(By-law No. 25-189, October 08, 2025)
2.2
USE OF ZONE SYMBOLS
The zone symbols as set out in Subsection 2.4 may be used in text or appear on
the Schedule "A" - Zoning Maps to represent the Zones.
2.3
INCORPORATION OF ZONING MAPS
The location, extent and boundaries of all the said Zones are shown in Schedule
"A" - Zoning Maps. Maps numbered 1-228, 382-384, 412-415, 444-447, 480-
484, 514-518, 548-551, 580-582, 611-613, 642, 680, 715-716, 743-744, 749-
751, 753, 779-780, 784-785, 787-793, 817-830, 833-835, 857-877, 899-920,
941-962, 983-1006, 1027-1052, 1074-1101, 1121-1153, 1172-1207, 1226-1260,
1278-1307, 1309-1313, 1331-1353, 1357, 1359, 1363-1365, 1383-1406, 1433-
1457, 1481-1484, 1487-1506, 1528-1531, 1535-1542, 1544-1552, 1573-1574,
1580-1585, 1590-1597, 1627-1629, 1634-1641, 1670-1671, 1676-1678, 1681-
1682, 1710-1711, 1717, 1747-1749, 1784-1786, 1818-1819, 1884-1885, 1887,
1909-1912, 1932-1935, and 1954-1957 inclusive, and all notations, references
and other information shown hereon, are all hereby incorporated in and are
declared to form part of this By-law. Notwithstanding the provisions of this
Section, municipal addresses, shown on the Schedule "A" - Zoning Maps, may
be changed without an amendment to this By-law being required. The Key Maps
inserted before Schedule "A" - Zoning Maps shall not constitute part of this By-
law and have been included for reference only.
(By-law 06-166, June 14, 2006; By-law 07-049, February 15, 2007; By-law 07-101, March 28, 2007; By-law
07-111, April 11, 2007; By-law 10-288, October 13, 2010; By-law 15-118, April 10, 2015, OMB approval;
By-law 15-173, July 10, 2015, OMB Approval May 3, 2016)
2.4
INCORPORATION OF SCHEDULES
Schedule "A", Schedule "B", Schedule "C", Schedule "D", Schedule "E" and
Schedule "F" attached hereto, are hereby incorporated in and declared to form
part of this By-law.
a)
Schedule "A" - Zoning Maps
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-5
b)
Schedule "B" - Property Details
Where a numerical reference enclosed by a triangle appears in Schedule
"A" - Zoning Maps, reference shall be made to Schedule "B" - Property
Details, which detail more particularly shows the boundary of the zone
and the lands affected by such zone boundary. The said numerical
reference represents the map number annexed within Schedule "B" -
Property Details.
c)
Schedule "C" - Special Exceptions
Where a numerical reference enclosed by a circle appears in Schedule
"A" - Zoning Maps, the Special Exception provisions as set out in
Schedule "C" - Special Exceptions apply to all of the lands encompassed
within the zone boundary denoted with the arrow indicator. The circled
numerical reference represents the subsection number in Schedule "C" -
Special Exceptions with the special By-law provisions as set out
thereunder.
d)
Schedule "D" - Holding Provisions
Where a circle "H" followed by a numerical reference appears in
Schedule "A" - Zoning Maps, the holding provisions apply to all of the
lands encompassed within the zone boundary denoted with the arrow
indicator. The circled numerical reference represents the subsection
number in Schedule "D" with the holding provisions set out thereunder.
Until the "H" provision is removed from the lands through an amendment
to this By-law, pursuant to the provisions of the Official Plan, and
following completion of the matters as set out in the relevant Subsection
of Schedule "D" - Holding Provision, permitted uses shall be restricted to
only those uses referenced in said Subsection. Upon removal of the "H",
the lands may be used in accordance with the provisions of the zone
applicable to the lands.
e)
Schedule "E" - Temporary Use Provision
Where a circled numerical reference followed by a "T" appears in
Schedule "A" - Zoning Maps, the temporary use provisions apply to all of
the lands encompassed within the zone boundary denoted with the arrow
indicator. The circled numerical reference represents the Subsection
number in Schedule "E" - Temporary Use Provision with the temporary
use provisions set out thereunder.
Upon the expiry of the time period authorized by the Temporary Use
By-law as set out in the relevant Subsection, the temporary use of the
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-6
land permitted under said By-law shall cease.
f)
Schedule "F" - Special Figures
Schedule "F" - Special Figures exists where figures referenced in the text
provisions of this By-law are used to more clearly identify the properties
affected by the area applicable regulations required by this By-law.
2.5
INCORPORATION OF APPENDICES
The following appendices do not form part of this By-law but are included for
information purposes only. Any additions to, deletions of, or alterations to
Appendices do not require a zoning by-law amendment.
a)
Appendix A - Illustrations
2.6
INTERPRETATION OF ZONE BOUNDARIES
Where any uncertainty exists as to the location of any boundary of any zone
shown in Schedule "A" - Zoning Maps, the following principles shall apply to the
interpretation of such boundary:
(By-law No. 24-137, July 12, 2024)
a)
Unless otherwise shown, a street, laneway, railway right-of-way or
watercourse shall be included within the zone of the adjoining lot(s) on
the sides thereof, and where such street, laneway, railway right-of-way or
watercourse serves as a boundary between two or more zones, the
centre line of such street, laneway, right-of-way or watercourse shall be
deemed to be the boundary between zones;
b)
Where a zone boundary is intercepted by a street name, shown in
Schedule "A" - Zoning Maps, the zone boundary line shall be deemed to
be a continuous zone boundary through the street name reference;
c)
Where any zone boundary is not shown to be following a street, laneway,
railway right-of-way or watercourse and where the boundary appears to
follow the limit of a lot as existing as of the effective date of this By-law or
any relevant amending by-law, such lot limit shall be deemed to be the
zone boundary;
d)
Where any zone boundary is left uncertain after reference to Schedule
"A" - Zoning Maps or Schedule "B" - Property Details, or the application
of Subsections 2.5(a), 2.5(b) or 2.5(c) of this By-law, and the distance
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 2: INTERPRETATION
May 12, 2021
2-7
from existing lot lines or streets is not indicated on Schedule "A" - Zoning
Maps or Schedule "B" - Property Details, such zone boundary shall be
determined by the use of the scale of the Zoning Maps referenced
Schedule "A" of this By-law;
e)
Wherever it may occur, the City Limit is the boundary of the zone
adjacent to it; and,
f)
Where a lot is divided into more than one zone, each such portion of the
lot shall be used in accordance with the provisions of this By-law for each
of the applicable zones.
2.7
INTERPRETATION OF THE BY-LAW
2.7.1 Use of Tables
a)
Tables form part of the By-law
b)
Notations
i)
Permitted Use Table
1.
√ - The use is permitted
2.
Blank cell - The use is not permitted
ii)
Regulations Table
1.
Blank cell - No regulation applies
2.
Number in brackets - One or more additional regulations
apply and are listed at the bottom of the Table.
3.
m - Metre
4.
m2 - Square Metres
5.
% - Percent
6.
n/a - Not Applicable
2.7.2 Reference Aids
a)
Reference aids as tables of contents, marginal notes, headers, footers,
headings, and illustrations are included in this By-law for convenience
and reference only and do not form part of this By-law.
b)
For greater certainty, illustrations are used as examples to show the
application of a regulation and shall not be construed to have general
application beyond their context.
(By-law No. 21-070, May 12, 2021)