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SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-1
THE CITY OF HAMILTON
10.2 NEIGHBOURHOOD COMMERCIAL (C2) ZONE
Explanatory Note: The C2 Zone permits commercial uses intended to serve residents
within the surrounding neighbourhood, as well as residential uses. This Zone is found
primarily along collector or arterial roads, with the built form ranging from small scale
one-storey commercial plazas to the clustering of commercial buildings under 2,000
square metres built close to the street. The scale, height, and bulk, are compatible with
the surrounding residential neighbourhood.
No person shall erect, or use any building in whole or in part, or use any land in whole
or in part, within a Neighbourhood Commercial (C2) 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:
10.2.1
PERMITTED USES
Artist Studio
Catering Service
Child Care Centre (By-law No. 25-155, August 06,
2025)
Commercial School
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No. 21-189,
October 13, 2021)
Emergency Shelter
Financial Establishment
Medical Clinic
Motor Vehicle Service Station
Office
Personal Service
(By-law No. 24-137, July 12, 2024)
Repair Services
Restaurant
Retail
Social Services Establishment
Veterinary Service
10.2.1.1
RESTRICTED USES
In addition to Section 10.2.1, the following
uses shall be permitted in the accordance
with the following restrictions:
i)
Emergency Shelter
1.
Maximum
Capacity
for
Emergency Shelter shall be 6
residents.
2.
Except as provided for in Section
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-2
THE CITY OF HAMILTON
3.
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.
3.
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,
the existing 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.
ii)
Restriction of Residential Uses within a
Building
1.
Notwithstanding Section 10.2.1, a
Dwelling Unit(s), Mixed Use shall
only be permitted above the
ground floor except for access,
accessory office and utility areas,
and shall not occupy more than
50% of the total gross floor area
of all the building(s) within the lot.
(By-law No. 21-189, October 13, 2021)
2.
Subsection 1 shall not apply to
buildings existing at the date of
the passing of the By-law where:
A.
The ground floor contains a
commercial use; and,
B.
The
Minimum
Building
Height is 9.0 metres.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-3
THE CITY OF HAMILTON
3.
Notwithstanding Section 10.2.1.1
ii) 1., a Dwelling Unit(s), Mixed
Use shall be permitted in a
basement or cellar.
(By-law No. 24-137, July 12, 2024)
10.2.2
PROHIBITED USES
Notwithstanding Section 10.2.1, the following
uses are prohibited, even as an accessory
use:
Commercial Parking Facility
Drive-Through Facility
10.2.3
REGULATIONS
a) Building Setback from
a Street Line
i)
Minimum 1.5 metres;
ii)
Maximum 3.0 metres, except where a
visibility triangle shall be required for a
driveway access; and,
iii)
Section 10.2.3a)ii) shall not apply for
any portion of a building that exceeds
the requirement of Section 10.2.3i) ii)
and iii).
b) Minimum Rear Yard
i)
6.0 metres; and,
ii)
7.5 metres abutting a Residential or
Institutional Zone or lot containing a
residential use.
iii)
Notwithstanding Section 10.2.3 b) i)
and ii), in the case of a corner lot
where a rear lot line is abutting a
street, the requirements of Section
10.2.3 a) shall apply.
(By-law No. 24-137, July 12, 2024)
c) Minimum Interior Side
Yard
i)
1.5 metres; and,
ii)
3.0 metres abutting a Residential or
Institutional Zone or lot containing a
residential use.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-4
THE CITY OF HAMILTON
d) Maximum Height
11.0 metres.
e) Maximum Lot Area
5,000.0 square metres.
f) Maximum Gross Floor
Area for an Individual
Office
500.0 square metres per unit.
g) Maximum Gross Floor
Area for Commercial
School on a lot
250.0 square metres.
h) Maximum Gross Floor
Area for Commercial
Uses on a lot
2,000.0 square metres.
i) Built form for New
Development
In the case of new buildings constructed after
the effective date of this by-law or additions
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)
For an interior lot or a through lot the
minimum width of the ground floor
façade facing the front lot line shall be
greater than or equal to 40% of the
measurement of the front lot line.
iii)
For a corner lot the minimum combined
width of the ground floor façade facing
a street line shall be greater than or
equal to 50% of the measurement of all
lot lines abutting a street.
(By-law No. 24-137, July 12, 2024)
iv) In addition to Section 10.2.3i) ii) and
iii), the minimum width of the ground
floor façade facing a street line shall
exclude access driveways and any
required yards within a lot line abutting
a street.
(By-law No. 24-137, July 12, 2024)
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-5
THE CITY OF HAMILTON
v)
Notwithstanding Section 10.2.3i) ii)
and iii), for commercial development
existing at the time of the passing of
the By-law, new commercial buildings
with a Gross Floor Area of less than
650 square metres shall be permitted.
vi)
No parking, driveways, stacking lanes,
or aisles shall be located between a
building façade and the front lot line
and the flankage lot line.
vii)
A minimum of one principal entrance
shall be provided:
1.
within the ground floor façade that
is set back closest to a street;
and,
2.
shall be accessible from the
building façade with direct access
from the public sidewalk.
viii)
A walkway shall be permitted in a
Planting Strip where required by the
By-law.
ix)
Notwithstanding Section 10.2.3, 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.
j) Planting Strip
Requirements
Where a property lot line abuts a property lot
line within a Residential Zone or an
Institutional Zone and not a Laneway, a
minimum 1.5 metre wide Planting Strip shall
be provided and maintained.
k) Visual Barrier
Requirement
A visual barrier shall be required along any
lot
line
abutting
a
Residential
Zone,
Institutional Zone, Downtown (D5) Zone or
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-6
THE CITY OF HAMILTON
Downtown (D6) Zone property line in
accordance with the requirements of Section
4.19 of this By-law.
l) Outdoor Storage
i)
No
outdoor
storage
of
goods,
materials,
or
equipment
shall
be
permitted.
ii)
Notwithstanding Section 10.2.3i), the
display of goods or materials for retail
purposes accessory to a retail use
shall only be permitted in a front or
flankage yard.
10.2.4
MOTOR VEHICLE
SERVICE STATION
REGULATIONS
a) Minimum Yard
Abutting a Street
Notwithstanding Section 10.2.3ai) and ii),
Minimum 4.5 metres.
(By-law No. 19-062, March 27, 2019)
b) Minimum Yard for
Fuel Pump Islands,
Fuel Pumps and
Canopies
4.5 metres from any lot line.
c) Minimum Planting
Strip Requirements
Notwithstanding Section 10.2.3j), a minimum
3.0 metre planting strip shall be required
abutting any street line, or Residential Zone
or Institutional Zone lot line, except for points
for ingress and egress.
d) Maximum Gross Floor
Area for Accessory
Retail Uses to a Motor
Vehicle Service
Station
175 square metres
(By-law No. 19-062, March 27, 2019)
10.2.5
SINGLE DETACHED
In
addition
to
Section
4.12f)
and
in
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.2-7
THE CITY OF HAMILTON
(By-law No. 17-240, November 8, 2017)
AND DUPLEX
DWELLINGS
EXISTING AT THE
DATE OF THE
PASSING OF THE
BY-LAW (November
8, 2017)
accordance with Section 34(10) of the
Planning
Act,
R.S.O.,1990,
c.P.13,
an
addition or alteration to a single detached or
duplex dwelling not permitted by the by-law
but legally existing at the date of the passing
of the by-law that increases the volume or
size of the interior of the building shall be
permitted as follows :
i)
The increase shall not exceed a
maximum of 10% of the Gross Floor
Area of the building existing at the date
of the passing of the by-law;
ii)
Section 10.2.3a)ii) shall not apply; and,
iii)
The existing side yard setbacks are
maintained for the addition.
10.2.6
ACCESSORY
BUILDINGS
In accordance with the requirements of
Section 4.8 of this By-law.
10.2.7
PARKING
In accordance with the requirements of
Section 5 of this By-law.