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THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.1-1
6.1 DOWNTOWN CENTRAL BUSINESS DISTRICT (D1) ZONE
Explanatory Note: The D1 Zone represents the cultural, institutional, residential,
and commercial make-up of Downtown Hamilton. The Zone provides for a wide
variety of mixtures in stand-alone or mixed use buildings. The intent of the
permitted uses and built form is to create a complete, vibrant, transit-oriented
area where people come to live, work, and play.
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within a Downtown D1 Zone for any purpose other than one or
more of the following uses, or uses accessory thereto. Such erection or use shall
also comply Section 6.0 Downtown Zones General Provisions and with the
prescribed regulations below:
6.1.1
PERMITTED
USES
Artist Studio
Beverage Making Establishment
Catering Service
Child Care Centre (By-law No. 25-155, August 06, 2025)
Commercial Entertainment
Commercial Parking Facility (By-law No. 25-155,
August 06, 2025)
Commercial Recreation
Commercial School
Community Garden
Conference or Convention Centre
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No. 25-075, April 16,
2025)
Educational Establishment
Exhibition Facility
Financial Establishment
Hotel
Laboratory
Lodging House
Long Term Care Facility
Medical Clinic
Motor Vehicle Rental Establishment
Multiple Dwelling
Office
Personal Service
(By-law No. 24-137, July 12, 2024)
Place of Assembly
Place of Worship
Repair Service
Restaurant
Retail
Retirement Home
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.1-2
Social Services Establishment
Tradesperson's Shop
Transportation Depot
Urban Farm
Urban Farmers Market
Veterinary Service
6.1.1.1 RESTRICTED
USES
i)
In addition to Section 6.1.1, the following
uses shall only be permitted in accordance
with Section 6.1.3 and the following
additional restrictions:
1. Parking Facility or Commercial Parking
Facility
In the case of a Parking Facility or
Commercial Parking Facility developed
after the effective date of this By-law,
such facility:
A. shall only be contained within a
building; and,
B. with the exception of an access
driveway to the parking facility, the
ground floor of the facility which
faces any street shall only be used
for permitted uses, other than
parking.
C. in addition to 6.1.1.1 i) 1. B. above,
any parking structure located above
the ground floor shall be screened
from view from the public sidewalk.
(By-law No. 25-155, August 06, 2025)
2. Microbrewery
A Microbrewery shall have a maximum
Gross Floor Area of 700.0 square
metres.
3. Motor Vehicle Rental Establishment
Any motor vehicles that are stored or
parked for rental purposes shall only be
located in an enclosed parking structure
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.1-3
or a fully enclosed building.
(By-law No. 24-075, April 16, 2025)
6.1.2
PROHIBITED
USES
i)
Notwithstanding Section 6.1.1, the following
uses are prohibited, even as an accessory
use:
Drive-Through Facility
Dry Cleaning Plant
Motor Vehicle Dealership
Motor Vehicle Gas Bar
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
ii)
Notwithstanding Section 6.1.1, the following
uses are prohibited, except if considered an
accessory use to another permitted use:
Amusement Arcade
Garden Centre
6.1.3
REGULATIONS
a) Building Setback
from a Street Line
i)
Maximum 4.5 metres for any portion of
building below 11.0 metres in height, except
where a visibility triangle shall be provided
for a driveway access;
ii)
Notwithstanding Section 6.1.3 a) i) above, a
maximum setback of 6.0 metres for that
portion of a building providing an access
driveway to a garage.
iii)
Section 6.1.3 a) i) above, shall not apply for
any portion of a building that exceeds the
requirement established in Section 6.1.3 c)
ii) or iii) below.
iv)
Where a building(s) has been constructed
and complies with Section 6.1.3 c) ii) or iii)
below, additional buildings constructed on
the subject property shall not be subject to
Section 6.1.3 a) i) above, as it relates to the
setback from a front lot line.
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.1-4
v)
Rooftop mechanical penthouse, stair tower
and elevator bulkhead shall not be subject
to Section 6.1.3 a) i) above.
vi)
Accessory buildings and structures shall not
be subject to Section 6.1.3 a) i).
b) Building Height
i)
Minimum 7.5 metres; and,
ii)
Maximum Building Height shall be in
accordance with Figure 1 of Schedule "F" -
Special Figures.
c) 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 the following regulations shall apply:
i)
Rooftop mechanical equipment shall be
located and/or screened from view of any
abutting street; and,
ii)
For an interior lot or a through lot the
minimum width of the ground floor façade
facing the front lot line shall:
1.
be greater than or equal to 75% of the
measurement of the front lot line; and,
2.
comply with Section 6.1.3 a) i) above.
iii)
For a corner lot the minimum combined
width of the ground floor façade facing the
front lot line and flankage lot line shall:
1. be greater than or equal to 50% of the
measurement of the front lot line and
flankage lot line; and,
2. comply with Section 6.1.3 a) i) above.
iv)
Notwithstanding Section 6.1.3 c) ii) and iii)
above, a driveway with a maximum width of
7.5 metres shall be permitted for ingress
and egress.
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.1-5
v)
No parking or aisles shall be located
between the required building façade and
the front lot line or flankage lot line.
vi)
A minimum of one principal entrance shall
be provided:
1. within the ground floor façade setback
the least distance from a street; and,
2. shall be accessible from the building
façade with direct access from the
public sidewalk.
vii)
Notwithstanding the definition of a planting
strip, a sidewalk shall be permitted where
required by Section 6.1.3 c) vi) above.
d) Outdoor Storage
i)
No outdoor storage of goods, materials, or
equipment shall be permitted.
ii)
Notwithstanding Section 6.1.3 d) i) above,
the outdoor display of goods or materials
for retail purposes accessory to a retail
use shall only be permitted in a front yard
or flankage yard.
e) Maximum Lot
Coverage
85%
f) Minimum Amenity
Area for Dwelling
Units and Multiple
Dwellings
On a lot containing more than 10 dwelling units,
the
following
Minimum
Amenity
Area
requirements be provided:
i)
An area of 4.0 square metres for each
dwelling unit; and,
ii)
In addition to the definition of Amenity
Area in Section 3: Definitions, an Amenity
Area
located
outdoors
shall
be
unobstructed and shall be at or above the
surface, and exposed to light and air.
g) Green Roof for
Multiple Dwelling
Notwithstanding Section 6.1.3 f) i) above, for
every 0.5 square metres of Green Roof area
provided, the required Amenity Area may be
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.1-6
reduced by 1.0 square metre.
6.1.4 URBAN FARM
REGULATIONS
In accordance with the requirements of Section
4.26 of this By-law.
6.1.5 COMMUNITY
GARDEN
REGULATIONS
In accordance with the requirements of Section
4.27 of this By-law.
6.1.6 URBAN
FARMERS
MARKET
REGULATIONS
In accordance with the requirements of Section
4.28 of this By-law.
(By-law 18-114, May 9, 2018)