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SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-1
THE CITY OF HAMILTON
10.4 MIXED USE HIGH DENSITY (C4) ZONE
Explanatory Note: The C4 Zone includes large format shopping centres, such as
Limeridge Mall, and the Centre on Barton, which are characterized by commercial uses
serving a regional market. The blend of uses within this zone includes retail, personal
service, institutional, office and residential uses. The built form provides for a
comfortable and vibrant pedestrian environment that is compact and transit supportive.
No person shall erect, or use any building in whole or in part, or use any land in whole
or in part, within a Mixed Use High Density (C4) 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:
10.4.1
PERMITTED USES
Artist Studio
Beverage Making Establishment
Catering Service
Child Care Centre (By-law No. 25-155, August 06,
2025)
Commercial Entertainment
Commercial Parking Facility
Commercial Recreation
Commercial School
Communications Establishment
Conference or Convention Centre
Craftsperson Shop
Dwelling Unit, Mixed Use (By-law No. 25-075, April
16, 2025)
Educational Establishment (By-law No. 25-229,
December 10, 2025)
Emergency Shelter
Financial Establishment
Funeral Home
Hotel
Laboratory
Lodging House
Medical Clinic
Microbrewery
Motor Vehicle Gas Bar
Multiple Dwelling
Office
Performing Arts Theatre
Personal Service
Place of Assembly
Place of Worship
Repair Service
Residential Care Facility
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-2
THE CITY OF HAMILTON
Restaurant
Retail
Retirement Home
Social Services Establishment
Transportation Depot
Urban Farmer's Market
Veterinary Service
10.4.1.1 RESTRICTED USES
In addition to Section 10.4.1, the following
uses shall be permitted in accordance with
the following restrictions:
(By-law No. 25-155, August
06, 2025)
(NOT FINAL AND BINDING,
By-law No. 26-152,
September 09, 2026)
i)
Emergency Shelter:
1.
Except
as
provided
for
in
Subsection
2.
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; and,
2.
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, the existing
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.
ii) Residential Care Facility:
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-3
THE CITY OF HAMILTON
1. 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 of
other lot occupied by a Residential
Care Facility.
iii)
Restriction of Uses within a building:
1.
The finished floor elevation of any
dwelling unit shall be a minimum
of 0.9 metres above grade; and,
2.
Notwithstanding
Section
10.4.1.1ii)1., dwelling unit(s) shall
be permitted in a basement or
cellar.
(By-law No. 19-062, March 27, 2019)
10.4.2
PROHIBITED USES
i)
Notwithstanding Section 10.4.1, the
following uses are prohibited, except if
considered only as an accessory use to
another permitted use:
Community Garden
Garden Centre
Urban Farm
ii)
Notwithstanding Section 10.4.1, a Motor
Vehicle Dealership is prohibited, even
as an accessory use.
10.4.3
REGULATIONS
a) Maximum Building
Setback from a Street
Line
i)
4.5 metres, except where a visibility
triangle is required for a driveway
access; and,
ii)
Notwithstanding Section 10.4.3a)i), a
minimum setback of 6.0 metres for that
portion of a building providing an access
driveway to a garage.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-4
THE CITY OF HAMILTON
(By-law No. 19-062, March 27, 2019)
b) Minimum Rear Yard
i) 7.5 metres.
ii) Notwithstanding Section 10.4.3 b) i), in
the case of a corner lot where a rear lot
line
is
abutting
a
street,
the
requirements of Section 10.4.3 a) shall
apply.
(By-law No. 24-137, July 12, 2024)
c) Minimum Interior Side
Yard
7.5 metres
(By-law No. 19-062, March 27, 2019)
d) Building Height
i)
Minimum 11.0 metre façade height
along the street;
ii)
In addition to Section 10.4.3i), any
building height above 11.0 metres may
be equivalently increased as the yard
increases beyond the minimum yard
requirement
established
in
Section
10.4.3 b) and c) when abutting a
Residential or Institutional Zone, and
provide
a
maximum
20.0
metres
setback to any yard; and,
iii)
Maximum 40.0 metres.
iv)
In addition to the definition of Building
Height in Section 3: Definitions, any
wholly enclosed or partially enclosed
amenity area, or any portion of a
building designed to provide access to a
rooftop amenity area shall be permitted
to project above the uppermost point of
the building, subject to the following
regulations:
A. The total floor area of the wholly
enclosed
or
partially
enclosed
structure belonging to an amenity
area, or portion of a building
designed to provide access to a
rooftop amenity area does not
exceed 10% of the floor area of the
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-5
THE CITY OF HAMILTON
storey directly beneath;
B. The wholly enclosed or partially
enclosed structure belonging to an
amenity area, or portion of a
building designed to provide access
to a rooftop amenity area shall be
setback a minimum of 3.0 metres
from the exterior walls of the storey
directly beneath; and,
C. The wholly enclosed or partially
enclosed structure belonging to an
amenity area, or portion of a
building designed to provide access
to a rooftop amenity area shall not
be greater than 3.0 metres in
vertical
distance
from
the
uppermost point of the building to
the uppermost point of the rooftop
enclosure.
e) Maximum Gross Floor
Area for an Office
Building
4,000.0
square
metres
per
individual
building.
(By-law No. 24-137, July 12, 2024)
f) Maximum Gross Floor
Area for Microbrewery
700.0 square metres.
g) 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)
No parking, stacking lanes, or aisles
shall be located between the required
building façade and the front lot line and
flankage lot line.
iii)
A minimum of one principal entrance
shall be provided:
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-6
THE CITY OF HAMILTON
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.
iv)
A walkway shall be permitted in a
Planting Strip where required by the By-
law.
h) Minimum Amenity
Area for Dwelling
Units and Multiple
Dwellings
On a lot containing 10 or more dwelling units,
the
following
Minimum
Amenity
Area
requirements be provided:
i)
An area of 4.0 square metres for each
dwelling unit less than or equal to 50
square metres of gross floor area; and,
ii)
An area of 6.0 square metres for each
dwelling unit greater than 50 square
metres of gross floor area.
iii) 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.
(By-law No. 19-062, March 27, 2019)
i) 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.
j) 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)
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-7
THE CITY OF HAMILTON
k) Outdoor Storage
i)
No outdoor storage of goods, materials,
or equipment shall be permitted; and,
ii)
Notwithstanding Section 10.4.3k)i), the
display of goods or materials for retail
purposes accessory to a Retail use shall
only be permitted in a front or flankage
yard.
(By-law No. 19-062, March 27, 2019)
10.4.4
EMERGENCY
SHELTER, LODGING
HOUSE, PLACE OF
WORSHIP,
RESIDENTIAL CARE
FACILITY,
RETIREMENT HOME
AND SOCIAL
SERVICES
ESTABLISHMENT
REGULATIONS
a) Minimum Side and
Rear Yard
7.5 metres.
b) Maximum Building
Height
22.0 metres.
c) Minimum Landscaped
Area
10% of the lot area.
10.4.5
MOTOR VEHICLE
GAS BAR
REGULATIONS
a) Minimum Yard
Abutting a Street
Notwithstanding Section 10.4.3a)i), 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.
SECTION 10: COMMERCIAL AND MIXED USE ZONES ZONING BY-LAW
May 10, 2019
10.4-8
THE CITY OF HAMILTON
(By-law No. 17-240, November 8, 2017)
c) Minimum Planting
Strip Requirements
Notwithstanding Section 10.4.3i), 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
Area for Accessory
Retail Uses to a Motor
Vehicle Gas Bar
175.0 square metres.
10.4.6
ACCESSORY
BUILDINGS
In accordance with the requirements of
Section 4.8 of this By-law.
10.4.7
PARKING
In accordance with the requirements of
Section 5 of this By-law.
10.4.8
URBAN FARM
In addition to Section 4.26 of this By-law, an
Urban Farm shall only be permitted in the
rear yard or on the roof-top of the principal
building.
(By-law No. 19-062, March 27, 2019)
10.4.9
COMMUNITY
GARDEN
In addition to Section 4.27 of this By-law, a
Community Garden shall only be permitted in
the rear yard or on the roof-top of the
principal building.
(By-law No. 19-062, March 27, 2019)
10.4.10
URBAN FARMERS
MARKET
In accordance with the requirements of
Section 4.28 of this By-law.