Zoning By-law 05-200 - section6-5-d5zone-oct2026

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

This is the exact embedded text of the captured official document. Snapshot 532158f25552 · 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 6.5-1 6.5 DOWNTOWN RESIDENTIAL (D5) ZONE Explanatory Note: The D5 Zone applies stable residential areas in the Downtown. A balance of both commercial and residential uses is required to create a health and vibrant Downtown Core. The intent of the D5 Zone is to maintain residential areas by allowing for a range of housing forms and create opportunities for the integration of retail and commercial uses to meet the daily needs of the local residents. 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 D5 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 Section 6.0 Downtown Zones General Provisions and with the prescribed regulations below: 6.5.1 PERMITTED USES Artist Studio Child Care Centre (By-law No. 25-155, August 06, 2025) Community Garden Commercial School Duplex Dwelling Dwelling Unit, Mixed Use Educational Establishment Emergency Shelter Fourplex Dwelling Lodging House Long Term Care Facility Multiple Dwelling Multiple Dwelling Townhouse Office Personal Service Place of Worship Repair Service Residential Care Facility Restaurant Retail Retirement Home Semi-Detached Dwelling Single Detached Dwelling Social Services Establishment Street Townhouse Dwelling Tradesperson Shop Triplex Dwelling 6.5.1.1 RESTRICTED USES i) In addition to Section 6.5.1, the following uses shall only be permitted in accordance with Section 6.5.3 and the following THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-2 additional restrictions: 1. The following uses shall only be permitted on the ground floor of a Multiple Dwelling: Artist Studio Commercial School Day Nursery Personal Service Repair Service Retail Restaurant Tradesperson Shop 2. Office An Office shall only be permitted on the ground floor of a Multiple Dwelling and shall be limited to a maximum gross floor area of 500.0 square metres. 6.5.2 PROHIBITED USES Notwithstanding Section 6.5.1 above, an Outdoor Commercial Patio shall be prohibited even as an accessory use. 6.5.3 REGULATIONS 6.5.3.1 SINGLE DETACHED DWELLING, DUPLEX DWELLING, TRIPLEX DWELLING AND FOURPLEX DWELLING REGULATIONS (By-law No. 25-075, April 16, 2025) a) Minimum Lot Area 225.0 square metres; b) Minimum Lot Width 9.0 metres; c) Maximum Front Yard i) 4.5 metres; and, ii) Notwithstanding Section 6.5.3.1 c) i) above, a maximum setback of 6.0 metre for that portion of a building providing an access driveway to an attached garage. d) Minimum Side Yard i) 0.9 metres on one side and a minimum of 1.2 THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-3 metres on the opposite side; and, ii) Notwithstanding Section 6.5.3.1 d) i) above, a minimum 0.6 metres to an attached garage where the opposite side yard is a minimum of 1.2 metres. e) Minimum Rear Yard 7.5 metres; f) Building Height i) Minimum 7.5 metres; ii) Maximum Building Height shall be in accordance with Figure 1 of Schedule "F" - Special Figures. g) Driveway i) A maximum of one driveway shall be permitted; and, ii) A maximum width of 6.0 metres shall apply. 6.5.3.2 SEMI-DETACHED DWELLING REGULATIONS a) Minimum Lot Area for each Dwelling Unit 185.0 square metres; b) Minimum Lot Width for each Dwelling Unit 7.5 metres; c) Maximum Front Yard i) 4.5 metres; and, ii) Notwithstanding Section 6.5.3.2 c) i) above, a maximum of 6.0 metres for that portion of a building with an attached garage. d) Minimum Side Yard 1.2 metres except for the side yard related to the common wall of the dwelling unit, which shall have a minimum 0 metre side yard. e) Minimum Rear Yard 7.5 metres; THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-4 f) Building Height i) Minimum 7.5 metres; and, ii) Maximum Building Height shall be in accordance with Figure 1 of Schedule "F" - Special Figures. 6.5.3.3 STREET TOWNHOUSE DWELLING REGULATIONS a) Minimum Lot Area 150.0 square metres; b) Minimum Lot Width 5.5 metres; c) Front Yard i) Maximum 3.0 metres for the dwelling; and, ii) Notwithstanding Section 6.5.3.3 c) i) above, a maximum setback of 6.0 metres for that portion of a building providing an access driveway to a garage. d) Minimum Side Yard 1.2 metres except for the side yard related to the common wall of the dwelling unit, which shall have a minimum 0 metre side yard. e) Minimum Flankage Yard 3.0 metres; f) Minimum Rear Yard 7.5 metres; g) Building Height i) Minimum 7.5 metres; ii) Maximum Building Height shall be in accordance with Figure 1 of Schedule "F" - Special Figures. 6.5.3.4 MULTIPLE DWELLING TOWNHOUSE REGULATIONS a) Minimum Lot Area 300.0 square metres; b) Minimum Lot Width 12.0 metres; THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-5 c) Minimum Unit Width 5.5 metres; d) Maximum Front Yard 3.0 metres; e) Minimum Side Yard 1.2 metres; f) Flankage Yard i) Minimum 3.0 metres; and, ii) Maximum 4.5 metres; g) Minimum Rear Yard 7.5 metres h) Minimum Separation Distance i) Between two exterior walls which contain no windows to a habitable room, a minimum of 3.0 metres; and ii) Between two exterior walls at least one of which contain windows to a habitable room, a minimum of 12.0 metres; i) Building Height i) Minimum 7.5 metres; and, ii) Maximum Building Height shall be in accordance with Figure 1 of Schedule "F" - Special Figures; j) Minimum Amenity Area On a lot containing more than 10 dwelling units, the following Minimum Amenity Area requirements shall 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; k) Minimum Landscaped Area Not less than 10% of the lot area shall be landscaped area; THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-6 l) Location of Parking Notwithstanding Section 5.3.1 a), parking spaces and associated drive aisles, excluding driveways extending directly from the street, shall not be located between any building façade and any lot line abutting a street; m) Location of Pedestrian Entrances Any dwelling unit adjacent to a yard abutting a street must have a minimum of one pedestrian entrance which is: i) located in a façade facing a street; and, ii) Directly accessible from the public sidewalk; n) Vehicular Accesses i) A maximum of two access driveways are permitted from each street abutting the lot; and, ii) Garage entrances must not be located in any façade facing a street; o) Visual Barrier A visual barrier shall be required along any side or rear lot line abutting a Downtown D1 or D2 Zone in accordance with the requirements of Section 4.19 of this By-law. (By-law No. 25-075, April 16, 2025) 6.5.3.5 EDUCATIONAL ESTABLISHMENT, EMERGENCY SHELTER, LODGING HOUSE, LONG TERM CARE FACILITY, MULTIPLE DWELLING, PLACE OF WORSHIP, RESIDENTIAL CARE FACILITY, RETIREMENT HOME, AND SOCIAL SERVICES ESTABLISHMENT REGULATIONS a) Minimum Lot Area 300.0 square metres; b) Minimum Lot Width 12.0 metres; c) Maximum Front Yard 4.5 metres; d) Maximum Side Yard 7.5 metres; e) Maximum Flankage Yard 3.0 metres; f) Minimum Rear 7.5 metres; THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-7 Yard g) Building Height i) Minimum 7.5 metres; and, ii) Maximum Building Height shall be in accordance Figure 1 of Schedule "F" - Special Figures. h) 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. i) Green Roof for Multiple Dwelling Notwithstanding Section 6.5.3.4 h) i) above, for every 0.5 square metres of Green Roof area provided, the required Amenity Area may be reduced by 1.0 square metre. j) Minimum Landscaped Area for Multiple Dwellings Not less than 10% of the lot area shall be landscaped area. k) Maximum Capacity for Emergency Shelter and Long Term Care Facility (NOT FINAL & BINDING, By-law No. 26-152, September 09, 2026) The maximum capacity shall not exceed 6 residents. l) 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. THE CITY OF HAMILTON SECTION 6: DOWNTOWN ZONES ZONING BY-LAW August 14, 2019 6.5-8 ii) Where the radial separation distance from the lot line of an Emergency Shelter 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, 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) m) 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. n) Prohibition of Emergency Shelter (NOT FINAL & BINDING, By-law No. 26-152, September 09, 2026) Notwithstanding Section 6.5.1 within the lands bounded by Queen Street, Hunter Street, James Street and Main Street, no new Emergency Shelter shall be permitted. (NOT FINAL & BINDING, By-law No. 26-152, September 09, 2026) o) Visual Barrier (NOT FINAL & BINDING, By-law No. 26-152, September 09, 2026) A visual barrier shall be required along any side or rear lot line abutting a Downtown D1 or D2 Zone in accordance with the requirements of Section 4.19 of this By-law. 6.5.3.6 COMMUNITY GARDEN REGULATIONS In accordance with the requirements of Section 4.27 of this By-law. (By-law No. 18-114, May 9, 2018) (By-law No. 21-071, May 12, 2021) (By-law No. 22-132, June 08, 2022) (By-law No. 25-075, April 16, 2025)