Zoning By-law 05-200 - section6-2-d2zone-nov2025

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

This is the exact embedded text of the captured official document. Snapshot 516ef9fc3fca · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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)