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THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
June 30, 2015
6.3-1
6.3 DOWNTOWN MIXED USE (D3) ZONE
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 D3 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:
6.3.1
PERMITTED USES
Beverage Making Establishment
Catering Service
Child Care Centre
Commercial Entertainment
Commercial Parking Facility
Commercial Recreation
Commercial School
Community Garden
Conference or Convention Centre
Craftsperson Shop
Dwelling Unit, Mixed Use
Educational Establishment
Emergency Shelter
Financial Establishment
Hotel
Laboratory
Lodging House
Long Term Care Facility
Medical Clinic
Motor Vehicle Rental Establishment
Multiple Dwelling
Office
Personal Service
Place of Worship
Printing Establishment
Private Club or Lodge
Repair Service
Residential Care Facility
Restaurant
Retail
Retirement Home
Social Services Establishment
Studio
Tradesperson's Shop
Transportation Depot
Urban Farm
Veterinary Service
(By-law 06-324, October 25, 2006)
(By-law 11-276, November 16, 2011)
(By-law No. 14-238, September 10, 2014)
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
June 30, 2015
6.3-2
(By-law No. 14-273, September 24, 2014)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-075, April 16, 2025)
(By-law No. 25-155, August 06, 2025)
6.3.2 PROHIBITED
USES
Notwithstanding Section 6.3.1, the following
uses are prohibited, even as an accessory
use:
Drive-Through Facility
Dry Cleaning Plant
6.3.3 REGULATIONS
a) Maximum Building
Setback from a Street
Line
(By-law No. 07-321,
November 14, 2007)
i)
2.0 metres for the first storey, except
where a visibility triangle shall be
provided for a driveway access;
ii)
0.5 metres for the second and third
storeys;
iii)
6.0 metres for that portion of a building
providing an access driveway to a
garage.
iv)
Where
a
building(s)
has
been
constructed and complies with section
6.3.3 c) ii) below, additional buildings
constructed on the subject property shall
not be subject to section 6.3.3 a) i)
above, as it relates to the setback from a
front lot line.
v)
Rooftop mechanical penthouse, stair
tower and elevator bulkhead shall not be
subject to section 6.3.3 a) i) above.
vi)
Accessory buildings and structures shall
not be subject to 6.3.3 a) i) and 6.2.3 a)
ii) above.
(By-law 06-324, October 25, 2006, By-law 08-227, September
24, 2008, By-law 14-238, September 10, 2014)
b) Building Height
i)
Minimum 7.5 metres façade height, for
any portion of a building along a street
line;
(By-law No. 06-324, October 25, 2006)
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
June 30, 2015
6.3-3
ii)
Maximum building height shall be in
accordance with reference to the lot
location and applicable building height
maximum indicated on 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 for alterations to
buildings existing as of the effective date of this
By-law:
i)
Rooftop mechanical equipment shall be
located and/or screened from view of
any abutting street;
ii)
The minimum width of the ground floor
façade shall be equal to 75% or more of
the measurement of the front lot line;
iii) For the lots delineated as a Heritage
Character
Zone
on
Figure
"2"
of
Schedule "F" - Special Figures, where
construction and/or alteration to the
façade of a building are proposed, the
following regulations shall also apply:
1. A minimum of 60% of the area of the
ground
floor
façade
shall
be
comprised of clear glazed windows
and doors. Window and door frames,
clear glazed transoms and sidelights,
doors with at least 50% clear glazing,
and a sill up to 0.6m in height are
permitted to be included in the
calculation of the clear glazed area.
Signage
and
opaque/spandrel
glazing shall not be included in the
calculation of the clear glazed area;
(By-law 14-238, September 10, 2014)
2. A minimum of 25% and a maximum
of 40% of the façade of the second
and third storeys shall be compose of
windows;
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
June 30, 2015
6.3-4
3. The ground floor storey shall be no
less than 3.6 metres in height and no
greater than 4.5 metres in height.
The second and third storeys shall
each be no less than 3.0 metres in
height and no greater than 4.0
metres in height; and,
4. Exterior building cladding for the first
three
storeys,
except
decorative
architectural
features
(such
as
window and door frames, sills, lintels,
surrounds, and cornices), shall be of
either one or a combination of no
more than two of the following
materials:
-
brick;
-
concrete panels;
-
stone block, stone veneer or
artificial stone;
-
stucco; or,
-
metal and metal panels,
excluding aluminum siding or
any metal variant thereof.
(By-law No. 06-324, October 25, 2006)
(By-law No. 14-238, September 10, 2014)
iv) Notwithstanding
the
above,
for
properties
designated
under
the
Ontario Heritage Act, any alternative
building design or building materials
approved through the issuance of a
Heritage Permit shall be deemed to
comply with this Section.
d) Visual Barrier
A visual barrier shall be required along any lot
line abutting a Downtown D5 Zone or
Downtown D6 Zone in accordance with the
requirements of Section 4.19 of this By-law.
e) Parking
In accordance with the requirements of Section
5 of this By-law.
(By-law No. 06-324, October 25, 2006)
f) Outdoor Storage
No outdoor storage of goods, materials or
equipment shall be permitted. This shall not,
however, prevent the display of goods or
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
June 30, 2015
6.3-5
materials for retail purposes.
g) Commercial Parking
Facility
In the case of a commercial parking facility
developed after the effective date of this By-
law, such facility:
i)
Shall
only
be
contained
within
a
building; and,
ii)
With
the
exception
of
an
access
driveway to the parking facility, that
portion of the ground floor of the facility
which faces any street shall only be
used for permitted uses, other than
parking.
(By-law No. 06-324, October 25, 2006)
h) Location of Emergency
Shelter
(NOT FINAL & BINDING, By-
law No. 26-152, September
09, 2026)
i)
Except as provided for in Subsection ii),
herein, every Emergency Shelter 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 an
Emergency Shelter,
Corrections
Residence or
Correctional Facility.
(NOT FINAL & BINDING, By-law No. 26-152,
September 09, 2026)
ii)
Where the radial separation distance
from the lot line of an Emergency Shelter
or Residential Care Facility existing as of
the effective date of this By-law, is less
than 300 metres to the lot line
of
any
other lot occupied by an
existing
Emergency
Shelter,
Corrections
Residence or Correctional Facility, the
existing Emergency Shelter may be
expanded
or
redeveloped
to
accommodate not more
than
the
permitted number of residents
permitted
by the Zone in which
it is located.
(NOT FINAL & BINDING, By-law No. 26-152,
September 09, 2026)
iii)
Notwithstanding Subsection 6.3.1, within
THE CITY OF HAMILTON
SECTION 6: DOWNTOWN ZONES ZONING BY-LAW
June 30, 2015
6.3-6
the lands bounded by Queen Street,
Hunter Street, James Street and Main
Street, no new
or
Emergency
Shelter shall be
permitted.
(NOT FINAL & BINDING, By-law No. 26-152,
September 09, 2026)
i) Location of Residential
Care Facility
(NOT FINAL & BINDING, By-
law No. 26-152, September
09, 2026)
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.
j) Maximum Capacity for
Emergency Shelter
(By-law No. 06-324, October
25, 2006)
(NOT FINAL & BINDING, By-
law No. 26-152, September
09, 2026)
Shall not exceed 50 residents.
k) Urban Farm
i.
Shall only be permitted in the rear yard
or on the roof-top of the principal
building;
ii.
In accordance with the requirements of
Subsection 4.26 (c) of this By-law.
(By-law No. 14-273, September 24, 2014)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-075, April 16, 2025)
l)
Community Garden
i.
Shall only be permitted in the rear yard
or on the roof-top of the principal
building.
(By-law No. 14-273, September 24, 2014)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-075, April 16, 2025)