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SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-1
THE CITY OF HAMILTON
10.3 COMMUNITY COMMERCIAL (C3) ZONE
Explanatory Note: The C3 Zone permits local commercial uses intended to serve
residents within the surrounding neighbourhoods. Located primarily along collector or
arterial roads and within close proximity to residential neighbourhoods, the built form
within this Zone generally consists of larger commercial plazas to a maximum of 10,000
square metres.
No person shall erect, or use any building in whole or in part, or use any land in whole
or in part, within a Community Commercial (C3) 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:
10.3.1
PERMITTED USES
Artist Studio
Catering Service
Child Care Centre (By-law No. 25-155, August 06,
2025)
Commercial School
Communications Establishment
Community Garden
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No. 21-189,
October 13, 2021)
Emergency Shelter
Financial Establishment
Laboratory
Medical Clinic
Microbrewery
Motor Vehicle Gas Bar
Motor Vehicle Service Station
Office
Personal Service (By-law No. 24-137, July 12, 2024)
Repair Service
Restaurant
Retail
Social Services Establishment
Tradesperson's Shop
Urban Farm
Urban Farmers Market
Veterinary Service
10.3.1.1 RESTRICTED USES
In addition to Section 10.3.1, the following
uses shall be permitted in the accordance
with the following restrictions:
i)
Emergency Shelter
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-2
THE CITY OF HAMILTON
1.
Maximum Capacity for Emergency
Shelter shall be 6 residents.
2.
Except as provided for in Section
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 10.3.1, 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.
2.
Notwithstanding Section 10.3.1.1
ii) 1., a Dwelling Unit, Mixed Use
shall be permitted in a basement
or cellar.
(By-law No. 25-155, August 06, 2025)
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-3
THE CITY OF HAMILTON
iii) Garden Centres
A Garden Centre shall be permitted as
an accessory use in conjunction to Retail
and shall not include the outdoor bulk
storage of soils, mulch, and aggregate.
(By-law No. 21-189, October 13, 2021)
(By-law No. 17-240-OLT-05, March 14, 2022)
10.3.2
PROHIBITED USES
Notwithstanding Section 10.3.1, the following
uses are prohibited, even as an accessory
use:
Commercial Parking Facility
10.3.3
REGULATIONS
a) Building Setback from
a Street Line
i)
Minimum 1.5 metres;
ii)
Maximum 4.5 metres, except where a
visibility triangle shall be required for a
driveway access;
iii)
Notwithstanding Section 10.3.3a)i), 6.0
metres for that portion of a building
providing an access driveway to a
garage; and,
iv)
Section 10.3.3a)ii) shall not apply for
any portion of a building that exceeds
the requirement of Section 10.3.3i) 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 10.3.3 b) i)
and ii), in the case of a corner lot where
a rear lot line is abutting a street, the
requirements of Section 10.3.3 a) shall
apply.
(By-law No. 24-137, July 12, 2024)
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-4
THE CITY OF HAMILTON
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.
d) Maximum Height
14.0 metres.
e) Maximum Lot Area
10,000.0 square metres.
f) Maximum Gross Floor
Area for an Individual
Office
500.0 square metres per unit.
g) Maximum Total Gross
Floor Area for
Commercial Uses
10,000.0 square metres.
h) Maximum Gross Floor
Area for Microbrewery
700.0 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 10.3.3i)ii) and iii),
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-5
THE CITY OF HAMILTON
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)
v) Notwithstanding Section 10.3.3i)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
flankage lot line.
1.
Section 10.3.3i)vi) shall not apply
for any portion of a building that
exceeds
the
requirement
of
Section 10.3.3i), ii) and iii).
(By-law No. 17-240-OLT-05, March 14,
2022)
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
10.3.3,
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.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-6
THE CITY OF HAMILTON
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, or Downtown (D5) Zone in
accordance with the requirements of Section
4.19 of this By-law.
(By-law No. 19-062, March 27, 2019)
l) Outdoor Storage
i)
No outdoor storage of goods, materials,
or equipment shall be permitted.
ii)
Notwithstanding Section 10.3.3i), the
display of goods or materials for retail
purposes accessory to a Retail use shall
only be permitted in a front or flankage
yard.
10.3.4 MOTOR VEHICLE
GAS BAR AND
MOTOR VEHICLE
SERVICE STATION
REGULATIONS
a) Minimum Yard
Abutting a Street
Notwithstanding Section 10.3.3a) i) 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 10.3.3j), 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.
(By-law No. 19-062, March 27, 2019)
d) Maximum Gross Floor
175.0 square metres.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.3-7
THE CITY OF HAMILTON
(By-law No. 17-240, November 8, 2017)
Area for Accessory
Retail Uses to a Motor
Vehicle Gas Bar
10.3.5
ACCESSORY
BUILDINGS
In accordance with the requirements of
Section 4.8 of this By-law.
10.3.6
PARKING
In accordance with the requirements of
Section 5 of this By-law.
10.3.7
URBAN FARM
In accordance with the requirements of
Section 4.26 of this By-law.
10.3.8
COMMUNITY
GARDEN
In accordance with the requirements of
Section 4.27 of this By-law.
10.3.9
URBAN FARMERS
MARKET
In accordance with the requirements of
Section 4.28 of this By-law.