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THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-1
CITY OF HAMILTON
BY-LAW No. 05-200
WHEREAS the City of Hamilton has in force several Zoning By-laws which apply
to the different areas incorporated into the City by virtue of the City of Hamilton Act, 1999,
S.O. 1999, Chap. 14;
AND WHEREAS the City of Hamilton is the lawful successor to the former Municipalities
identified in Section 1.7 of this By-law;
AND WHEREAS it is desired to enact a new Zoning By-law to comprehensively deal
with zoning throughout the City;
AND WHEREAS the said new comprehensive Zoning By-law will be enacted and come
into force and effect in several stages;
AND WHEREAS this By-law is the first stage and is applicable to the Downtown area of
the City, as hereinafter described and depicted;
AND WHEREAS this By-law is in conformity with the Official Plan of the Hamilton
Planning Area, approved by the Minister under the Planning Act on June 1, 1982 as
amended by Official Plan Amendment No. 200 as adopted by the City of Hamilton by By-
law No. 05-153.
NOW THEREFORE the Council of the City of Hamilton hereby enacts as follows:
1.1
TITLE OF BY-LAW
By-law No. 05-200 shall be cited as the Zoning By-law of the City of Hamilton,
and herein may be referenced as "this By-law".
1.2
EFFECTIVE DATE
This By-law No. 05-200 shall be deemed to have come into effect on the date of
the passing thereof by the Council of the City of Hamilton, subject to Final
Approval of Official Plan Amendment No. 200.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-2
1.3
AREA TO WHICH BY-LAW APPLIES
The provisions of this By-law shall apply throughout the City to the extent of all
lands contained within the limits of the zone boundaries, as shown on the Zoning
Maps forming Schedule "A" of this By-law.
1.4
SCOPE OF BY-LAW
Within the area to which this By-law applies, no person shall erect, alter, enlarge
or use, or permit to be erected, altered, enlarged or used, any building or structure
in whole or in part, nor use any land in whole or in part, except in accordance with
the provisions of this By-law.
(By-law 10-076, April 14, 2010)
1.5
VALIDITY
Should any section, cause or provision of this By-law including any notation on
the Zoning Maps, be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of this By-law as a whole or any part thereof,
other than the part so declared to be invalid.
1.6
COMPLIANCE WITH APPLICABLE LAW
Nothing in this By-law shall relieve any person from the obligation to comply with
any applicable Federal or Provincial statute, regulation or By-law of the City in
force from time to time, or the obligation to obtain any license, permit, authority or
approval required under any By-law of the City.
1.7
REPEAL OF EXISTING BY-LAWS
All the provisions of By-law No. 6593 of the former City of Hamilton, and all of the
provisions of By-law No. 87-57 of the former Town of Ancaster, and all of the
provisions of By-law No. 3581-86 of the former Town of Dundas, and all of the
provisions of By-law No. 90-145-Z of the former Town of Flamborough, and all of
the provisions of By-law No. 3692-92 of the former City of Stoney Creek, and all
of the provisions of By-law No. 464 of the former Township of Glanbrook, and all
subsequent amendments to any of said By-laws referenced hereto, insofar as
they affect those lands within the limits of the zone boundaries so indicated in
Schedule "A" of this By-law, shall be and the same are hereby repealed.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-3
1.8
ADMINISTRATION
This By-law shall be administered by the City's General Manager of Planning
and Economic Development.
1.9
ENFORCEMENT AND PENALTIES
a)
This By-law shall be enforced by persons appointed by By-law of the City;
b)
Every person who uses any land or erects or uses any building in any
manner contrary to any requirement of this By-law, or who permits such
use or erection, or who violates any provision of this By-law or permits a
violation, is guilty of an offence and on conviction pursuant to the Provincial
Offences Act is liable;
i)
On a first conviction to a fine of not more than $25,000.00; and,
ii)
On a subsequent conviction to a fine of not more than $10,000.00
for each day or part thereof upon which the contravention has
continued after the day on which the person was first convicted; and,
(By-law 10-076, April 14, 2010)
c)
Where a corporation is convicted under Section 1, Subsection 1.9 (b) of
this By-law, the maximum penalty that may be imposed shall be:
i)
On a first conviction a fine of not more than $50,000.00; and,
ii)
On a subsequent conviction a fine of not more than $25,000.00 for
each day or part thereof upon which the contravention has
continued after the day on which the corporation was first convicted
and not as provided for in Section 1, Subsection 1.9 (b) of this By-
law.
1.10 REMEDIES
The contravention of any requirement of this By-law may be restrained by action
of any ratepayer of the City pursuant to the provisions of the Municipal Act.
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-4
1.11
LEGAL NON-CONFORMING USES
No person shall use or permit the use of any land, building or structure or part
thereof, or erect, repair, or alter or permit the erection, repairing or altering of any
building or structure which is not in conformity with the provisions of this By- law,
EXCEPT as follows:
a)
The erection or use for a purpose prohibited by the By-law of any building
for which a permit is required by and issued under the Building Code Act,
prior to the effective date of this By-law, so long as the building when
erected is used and continues to be used for the purpose for which it was
erected and provided the permit has not been revoked under the Building
Code Act;
b)
Where a building permit has been lawfully issued for the construction of a
building prior to the effective date of this By-law and where the yard
requirements for said building are found to be in contravention by no more
than 0.03 m, the non-conforming yard shall be deemed to conform with the
requirements of this By-law;
c)
The repair or restoration of any existing building, or part thereof, to a safe
condition provided that such repair or restoration will not increase the
height, area or volume, or site coverage of such building and that the
building continues to be used for the same purpose and in the same
manner as it was used on the effective date of this By-law;
(By-law 10-076, April 14, 2010)
i)
In addition to Section 1.11 c), the repair, restoration, or replacement
of an existing porch, deck, balcony, unenclosed fire escape, or open
stair of an existing Single Detached, Semi- Detached, Duplex, Street
Townhouse, Triplex, or Fourplex Dwelling shall be permitted,
provided that such repair, restoration, or replacement will not
increase the height, area or volume, or site coverage of such
structure.
(By-law No. 22-084, April 13, 2022)
(By-law No. 25-075, April 16, 2025)
d)
Swimming pools, hot tubs, and accessory buildings, including but not
limited to sheds, garages and gazebos on a lot containing a Single
Detached, Semi-Detached, Duplex, Street Townhouse, Triplex, or Fourplex
Dwelling which is prohibited by the applicable zoning by-law, but which was
lawfully used for such purpose on the date of the passing of this By-law
shall be permitted as follows:
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-5
i)
the location and height complies with the applicable provisions of
this By-law; and,
ii)
this exemption shall not apply to the Open Space and Parks
Classification Zones; or,
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-075, April 16, 2025)
e)
In accordance with Subsection 34(10) of the Planning Act, R.S.O., 1990
c.P. 13, as amended, the addition of any porch, deck, balcony, unclosed
fire escape or open stair to a Single Detached, Semi-Detached, Duplex,
Street Townhouse, Triplex or Fourplex Dwelling which is prohibited by this
By-law, but which was lawfully used for such purpose on the date of the
passing of the By-law, shall be permitted as follows:
i)
the location complies with applicable provisions of this By-law; and,
ii)
this exception shall not apply to the Open Space and Parks
Classification Zones.
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-075, April 16, 2025)
1.12 TRANSITION PROVISIONS
Complete Applications for a Building Permit
1.12.1
Nothing in this By-law prevents the development or use of a
lot or a building for which a complete application for a building permit
was received by the City, if the development or use complies, or the
building permit application is amended to comply, with the provisions
of the applicable former zoning by-law as it read immediately prior to
the passing of the following By-laws:
1. Commercial and Mixed Use Zoning By-law No. 17-240, November
8, 2017
2. Downtown Zoning By-law 18-114, May 9, 2018
3. Residential Zones
a. Low Density Residential By-law 22-197, August 12, 2022
b. Low Density Residential By-law 24-051 and 24-052 April 10,
2024
c. Low Density Residential By-law 25-075
d. Mid Rise Residential Zones By-law No. 25-189
4. Commercial and Mixed Use Zoning By-law No. 26-049
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-075, April 16, 2025)
(By-law No. 25-189, October 08, 2025)
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-6
(By-law No. 26-049, March 04, 2026)
Other Types of Complete Applications
1.12.2
Where a complete application was received by the City on or before
the date of passing of this By-law for the development or use of a lot
or one or more buildings, approval may be granted in the context of
the applicable former Zoning By-law as it read immediately prior to the
passing of this By-law, for one or more of the following applications
where they are consistent with the intent of the complete application:
1. Any application under Section 45 of the Planning Act;
2. Site plan control approval pursuant to Section 41 of the Planning
Act;
3. Consent pursuant to Section 53 of the Planning Act;
4. Draft plan of subdivision pursuant to Section 51 of the Planning Act
or a description under the Condominium Act, 1998, S.O. 1998,
c.19;
5. Payment in lieu of parking agreement pursuant to Section 40 of the
Planning Act; and
6. A part lot control exemption pursuant to Section 50 of the Planning
Act.
1.12.3
Where the development or use of a lot or one or more buildings
qualifies under clause 1.12.2, a building permit may be issued after
final approval is received for all required applications if the
development or use complies, or the building permit application or the
development or use is amended to comply, with the provisions of the
applicable former Zoning By-law as it read immediately prior to the
passing of this By-law, and any amendments thereto.
1.12.4
Nothing in this By-law applies so as to continue the exemption
provided by Clauses 1.12.1 and 1.12.2 beyond the issuance of the
final building permit upon which the exemptions are founded.
1.12.5
Clauses 1.12.1, 1.12.2, 1.12.3 and 1.12.4 are repealed in their entirety
10 years after the date of the passing of the By-laws listed in Section
1.12.1.
(By-law No. 24-137, July 12, 2024)
1.12.6 Minor Variances
Continuation of Approved Variances
1.12.6.1
During the 10 year period commencing on the date of passing of this
THE CITY OF HAMILTON
ZONING BY-LAW
SECTION 1: ADMINISTRATION
August 14, 2019
1-7
By-law or date associated with amendments to the By-law provided in
Section 1.12.1 above, and expiring on the date specified in Clause
1.12.5, a building permit may be issued in the context of the applicable
former Zoning By-law as it read immediately prior to the passing of
this By-law for any development subject to one or more approved
minor variances under the provisions of the applicable former Zoning
By-law.
1.12.6.2
After the 10 year period in Clause 1.12.5 expires, minor variances
approved under the provisions of the applicable former Zoning Bylaw
may be relied upon only if the zoning provision respecting the minor
variance is the same or more permissive in this By-law than in the
applicable former Zoning By-law.
(By-law No. 24-051, April 10, 2024)
(By-law No. 24-137, July 12, 2024)
PASSED and ENACTED this
day of
, 2005.
MAYOR
CLERK