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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)