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THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.2-1
6.2 DOWNTOWN MIXED USE - PEDESTRIAN FOCUS (D2) ZONE
Explanatory Note: The D2 Zone applies along King Street, James Street and
portions of Hess Village and King William Street. These streets have been
acknowledged as vibrant streets with active street level uses and pedestrian
oriented built form. To maintain the character of these streets the D2 Zone
requires that commercial uses be located at the street level and allows for
residential uses above the ground floor. The intent of the D2 Zone is to provide a
range of uses and built form that creates an inviting pedestrian experience.
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 D2 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:
6.2.1
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
Financial Establishment
Hotel
Laboratory
Lodging House
Medical Clinic
Microbrewery
Office
Personal Service (By-law No. 24-137, July 12, 2024)
Place of Assembly
Place of Worship
Repair Service
Restaurant
Retail
Tradesperson's Shop
Urban Farm
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.2-2
Urban Farmers Market
Veterinary Service
6.2.1.1 RESTRICTED
USES
i)
In addition to Section 6.2.1, the following
uses shall only be permitted in accordance
with Section 6.2.3 and the following
additional restrictions:
1.
Child Care Centre
Dwelling Unit, Mixed Use
Place of Worship
(By-law No. 25-075, April 16, 2025)
(By-law No. 25-155, August 06, 2025)
A.
Shall not be permitted within the
ground floor, except for access,
accessory office and utility areas.
2.
Microbrewery
A Microbrewery shall have a maximum
Gross Floor Area of 700.0 square
metres.
3.
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 6.2.1.1 i) 3. B)
above, any parking structure
located above the ground floor
shall be screened from view from
the public sidewalk.
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.2-3
(By-law No. 25-155, August 06, 2025)
6.2.2
PROHIBITED
USES
i)
Notwithstanding Section 6.2.1, 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 Rental Establishment
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
ii)
Notwithstanding Section 6.2.1, the following
uses are prohibited, except if considered an
accessory use to another permitted use:
Amusement Arcade
Garden Centre
6.2.3
REGULATIONS
a) Building Setback
from a Street Line
i)
Maximum 2.0 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 6.2.3 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 6.2.3 a) i) above, shall not apply for
any portion of a building that exceeds the
requirement established in Section 6.2.3 c)
ii) or iii) below.
iv)
Where a building(s) has been constructed
and complies with Section 6.2.3 c) ii) or iii)
below, additional buildings constructed on
the subject property shall not be subject to
Section 6.2.3 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
6.2-4
v)
Rooftop mechanical penthouse, stair tower
and elevator bulkhead shall not be subject
to Section 6.2.3 a) i) above.
vi)
Accessory buildings and structures shall not
be subject to Section 6.2.3 a) i).
b) Building Height
i)
Minimum 11.0 metres;
ii)
Maximum Building Height shall be in
accordance 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;
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 6.2.3 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 6.2.3 a) i)
above.
iv)
Notwithstanding Section 6.2.3 c) ii) and iii)
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
August 14, 2019
6.2-5
above, a driveway with a maximum width
of 7.5 metres shall be permitted for ingress
and egress.
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
building
façade setback the least distance
from a street; and,
2.
shall be accessible from the building
façade with direct access from the
public sidewalk.
d) Outdoor Storage
i)
No outdoor storage of goods, materials, or
equipment shall be permitted.
ii)
Notwithstanding Section 6.2.3 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.
6.2.4
URBAN FARM
REGULATIONS
In accordance with the requirements of Section
4.26 of this By-law.
6.2.5
COMMUNITY
GARDEN
REGULATIONS
In accordance with the requirements of Section
4.27 of this By-law.
6.2.6
URBAN
FARMERS
MARKET
In accordance with the requirements of Section
4.28 of this By-law."
(By-law 18-114, May 9, 2018)