Zoning By-law 05-200 - section6-3-d3zone-oct2026

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

This is the exact embedded text of the captured official document. Snapshot abc49f49d29c · 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 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)