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THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-1
9.3 PRESTIGE BUSINESS PARK (M3) ZONE
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within an Industrial (M3) 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:
9.3.1
PERMITTED USES
Alcohol Production Facility (By-law No. 18-219,
August 17, 2018)
Aquaponics (By-law No. 14-163, June 25, 2014)
Artist Studio (By-law No. 17-220, October 25, 2017)
Building and Lumber Supply Establishment
Building or Contracting Supply Establishment
Cannabis Growing and Harvesting Facility
(By-law No. 14-163, June 25, 2014)
(By-law No. 18-266, September 12, 2018)
Commercial Motor Vehicle Sales, Rental and
Service Establishment
Communications Establishment
Conference or Convention Centre
Contractor's Establishment
Courier Establishment
Craftsperson Shop (By-law No. 17-220, October 25,
2017)
Equipment and Machinery Sales, Rental and
Service Establishment
Greenhouse (By-law No. 14-163, June 25, 2014)
Hotel
Industrial Administrative Office
Laboratory
Labour Association Hall
Manufacturing
Motor Vehicle Collision Repair Establishment
Motor Vehicle Service Station
Office
Private Power Generation Facility
Production Studio (By-law No. 17-220, October 25,
2017)
Repair Service
Research and Development Establishment
Restaurant
Surveying, Engineering, Planning or Design
Business
Trade School
Tradesperson's Shop
Transport Terminal
Transportation Depot
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-2
Warehouse
(By-law No. 17-220, October 25, 2017)
(By-law No. 18-219, August 17, 2018)
9.3.2
PROHIBITED USES
i) Notwithstanding
Section
9.3.1,
the
following types of manufacturing uses
are prohibited, even as an accessory
use:
Concrete Crushing
Manufacturing of Asbestos, Phosphate
or Sulphur Products
Primary Production of Chemicals,
Synthetic Rubber, Plastic, Asphalt or
Cement, not including mixing,
blending, treatment or similar
process
Processing or Refining of Petroleum or
Coal
Processing, Milling or Packaging of
Animal Feed
Salvage Yard
Rock Crushing
Salvage Yard
Slaughtering, Eviscerating, Rendering or
Cleaning of Meat, Poultry or Fish or
by-products thereof
Smelting of Ore or Metal
Tanning or Chemical Processing of Pelts
or Leather
Vulcanizing of Rubber or Rubber
Products
Explosives Manufacturing
Pulp and Paper Mills
(By-law No. 11-276, November 16, 2011)
(By-law No. 18-219, August 17, 2018)
ii) Notwithstanding
Section
9.3.1,
the
following uses are prohibited, even as
accessory uses:
Child Care Centre
Dwelling Unit
Place of Worship
(By-law No. 25-155, August 06, 2025)
iii)
Notwithstanding
Section
9.3.1,
the
following use is permitted, only as an
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-3
accessory use to a Motor Vehicle
Service Station:
Motor Vehicle Washing Establishment
(By-law No. 19-062, March 27, 2019)
9.3.3
REGULATIONS
a) Minimum Lot Area
4000.0 square metres
b) Yard Abutting a Street
i) Minimum 6.0 metres;
ii) Maximum 27.0 metres.
iii)
Where a building(s) exists on a lot in
conformity with i) and ii) above, with a
ground floor façade being equal to 25%
or more of the measurement of any
street line, section ii) above shall not
apply to any additional building(s).
iv) Where a building(s) is located on a
corner lot, Section 9.3.3 b) ii) shall only
apply to one of the lot lines abutting a
street.
(By-law No. 11-276, November 16, 2011)
(By-law No. 18-219, August 17, 2018)
(By-law No.24-137, July 12, 2024)
c) Minimum Yard Abutting
a Residential Zone or
an Institutional Zone
6.0 metres from any portion of a property lot
line abutting a property
lot line within a
Residential Zone or an Institutional Zone.
d) Maximum Building
Height Abutting a
Residential Zone or an
Institutional Zone
i) 11.0 metres;
ii)
In addition to i) above, maximum
building height may be equivalently
increased as yard increases beyond
minimum yard requirement established
in 9.3.3 c) above.
e) Location Restriction of
Manufacturing Uses
and Alcohol Production
Facilities
Any
building
or
structure
used
for
Manufacturing
and
Alcohol
Production
Facilities shall be setback a minimum 20.0
metres from any portion of a property lot line
abutting
a
property
lot
line
within
a
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-4
Residential
Zone
or
an
Institutional
Zone.
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
f) Restriction of Outdoor
Training Facilities
associated with a Trade
School
Any outdoor training facilities shall be
prohibited.
g) Gross Floor Area for
Office Use
Maximum gross floor area for Office use
within
an
individual
building,
excluding
accessory office, shall be limited to 3,000
square metres.
h)
Maximum Gross Floor
Area for Industrial
Administrative Office or
Surveying,
Engineering, Planning
or Design Business
An Industrial Administrative Office or a
Surveying, Engineering, Planning or Design
Business shall be limited to a gross floor area
of less than 10,000 square metres on a lot.
i) Maximum Gross Floor
Area for Office,
Industrial
Administrative Office or
Surveying,
Engineering, Planning
or Design Business
The total combined gross floor area of any
Office, Industrial Administrative Office and
Surveying, Engineering, Planning or Design
Business uses shall not exceed 4,000.0
square metres per individual building.
(By-law No. 24-137, July 12, 2024)
j) Landscaped Area and
Planting Strip
Requirements
i)
Minimum 6.0 metre wide Landscaped
Area shall be provided and maintained
abutting a street, except for points of
ingress and egress;
ii)
In addition to i) above, within the 6.0
metre Landscaped Area, a minimum 3.0
metre wide Planting Strip shall be
required
and
maintained
between
parking spaces, aisles or driveways and
a street, except for points of ingress and
egress;
iii) In addition to i) above, for properties
adjacent to Trinity Church Road, south
of Rymal Road East, a minimum 6.0
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-5
metre wide Landscaped Area shall be
provided and maintained;
iv) Where a property lot line abuts a
property lot line within a Residential
Zone
or
an
Institutional
Zone,
a
minimum 3.0 metre wide Planting Strip
shall be provided and maintained.
k) Visual Barrier
i)
Shall be provided along that portion of a
property lot line abutting a property lot
line within a Residential Zone or an
Institutional Zone, in accordance with
Section 4.19 of this By-law.
ii)
In addition to i) above, for properties
adjacent to Trinity Church Road, south
of Rymal Road East, a Visual Barrier
shall be required within the Landscaped
Area provided in Section 9.3.3 i) above.
(By-law No. 11-276, November 16, 2011)
l) Location and Screening
of Outdoor Storage and
Outdoor Assembly
Outdoor Storage and Outdoor Assembly of
goods, materials or equipment shall be
permitted in conjunction with a building and
the following regulations shall apply:
i)
Outdoor Storage and Outdoor Assembly
shall not be permitted in a Front Yard or
a required Flankage Yard;
ii)
In addition to i) above, Outdoor Storage
and Outdoor Assembly shall not be
permitted in a Flankage Yard along the
following streets:
Barton Street/Barton Street East
Dickenson Road East
Fruitland Road
Garner Road West
Highway No. 5 West
Highway No. 6
Rymal Road East
Shaver Road
South Service Road
Stone Church Road East
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-6
Trinity Church Road Extension
Trinity Road
Upper Ottawa Street
Wilson Street West
iii)
Outdoor Storage and Outdoor Assembly
shall not exceed 85% of the total lot
area;
iv)
Outdoor Storage and Outdoor Assembly
shall be set back a minimum of 20.0
metres from any portion of a property lot
line abutting a property lot line within a
Residential Zone or an Institutional
Zone, and shall be screened by a Visual
Barrier in accordance with Section 4.19
of this By-law;
v)
Outdoor Storage and Outdoor Assembly
shall be setback a minimum of 24.0
metres from any portion of a property lot
line of the properties known as 1023
Barton Street, 320, 324, 328, 332, 336,
340 and 344 McNeilly Road.
vi)
Outdoor Storage and Outdoor Assembly
shall be screened from view from any
abutting street by a Visual Barrier in
accordance with Section 4.19 of this By-
law.
(By-law No. 11-276, November 16, 2011)
m) Location and Size of
Outdoor Display
Outdoor Display of goods, materials or
equipment shall be permitted only as an
accessory use and the following regulations
shall apply:
i)
Outdoor Display shall be permitted in a
yard abutting a street, but shall be no
closer than 3.0 metres to the lot line;
ii)
In addition to i) above, the area devoted
to Outdoor Display shall be limited to a
combined
maximum
of
25%
the
Landscaped Area required by Section
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-7
9.3.3 i) i) above.
n) Maximum Gross Floor
Area for an Alcohol
Production Facility
5,000 square metres
(By-law No. 18-219, August 17, 2018)
o) Restriction of Access to
Trinity Church Road
Access to Trinity Church Road, south of
Rymal Road East, shall be prohibited for all
new development.
p) Maximum Combined
Gross Floor Area for
Accessory Retail,
Showroom Area and
Tasting Room
i)
25% of the gross floor area of the
principal use or 500.0 square metres
whichever is the lesser; and
ii)
Notwithstanding
i)
above,
retail
or
accessory retail associated with a motor
vehicle service station shall be limited to
a maximum gross floor area of 280
square metres.
(By-law No. 11-276, November 16, 2011)
(By-law No. 18-219, August 17, 2018)
q) Parking
In accordance with the requirements of
Section 5 of this By-law; and,
r) Accessory Buildings
i)
In accordance with the requirements of
Section 4.8 of this By-law; and,
(By-law No. 21-189, October 13, 2021)
ii)
In addition to i) above, no accessory
building shall be permitted within a front
yard or flankage yard.
(By-law No. 12-132, June 13, 2012)
s) Restaurant
Requirements
i)
Restaurants shall only be permitted in
the following locations:
a) on South Service Road located
between Lake Avenue and Winona
Road, but shall not be located on
any property with frontage on
Fruitland Road;
b) on Barton Street located between
Lake Avenue and Winona Road, but
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-8
shall not be located on any property
with frontage on Fruitland Road;
and,
c) The north side of Highway #5, west
of Highway # 6; and,
d) Regulations a), b) and c) above
shall
not
apply
to
restaurants
accessory to a use on the property.
ii)
Maximum
gross
floor
area
for
a
restaurant, as permitted in a) and b)
above, whether freestanding
or
within a multi-tenant building shall be
limited to
280 square metres.
iii)
Where a restaurant is located on a
property with frontage on South Service
Road, the following shall also apply:
a) No restaurant shall occupy more
than 30% of the total gross floor
area on a property.
t) Additional Regulations
for a Cannabis Growing
and Harvesting Facility
In addition to the regulations of Section 9.3.3,
the following additional regulations shall
apply:
i) Notwithstanding Section 9.3.3 k), no
outdoor
storage
or
outdoor
assembly shall be permitted.
ii) Retail sales shall be permitted in
accordance with Section 9.3.3 o).
(By-law No. 21-189, October 13, 2021)
iii) any building or structure used for a
Medical Marihuana Growing and
Harvesting Facility shall be setback
a minimum 20.0 metres from any
portion of a property lot line abutting
a
property
lot
line
within
a
Residential Zone, Commercial or an
Institutional Zone.
THE CITY OF HAMILTON
SECTION 9: INDUSTRIAL ZONES ZONING BY-LAW
May 10, 2019
9.3-9
(By-law No. 14-163, June 25, 2014)
iv) Notwithstanding Section 4.12 c),
any building or structure used for a
Cannabis Growing and Harvesting
Facility shall be setback a minimum
of 150 metres from:
a)
Any portion of a lot line
abutting
a
Residential,
Institutional or Commercial
and Mixed Use Zone; and,
b)
Any residential dwelling unit
existing at the date of
passing of the by-law, any
building
used
for
farm
labour
residence,
mobile
home,
educational
establishment,
residential
care
facility,
place
of
worship, daycare or park in
a Rural Classification Zone.
(By-law No. 18-266, September 12, 2018)
(By-law No. 10-128, June 28, 2011)
(By-law No. 12-132, June 13, 2012)
(By-law No. 14-163, June 25, 2014)
(By-law No. 18-219, August 17, 2018)
(By-law No. 18-266, September 12, 2018)