This is the exact embedded text of the captured official document.
Snapshot c71f19ad2461 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-1
SCHEDULE "C"
SPECIAL EXCEPTIONS FOR SPECIFIC LANDS
1. Notwithstanding Section 6.5.3 of this Bylaw, within the lands zoned Downtown D5
Zone, identified on Map 910 of Schedule "A" - Zoning Maps and described as 47
Caroline Street North, a multiple dwelling is permitted subject to the following:
a. The height of the building shall not exceed 18.0 metres in height;
b. A minimum front yard of 2.9 metres shall be required for the fourth, fifth and
sixth floors;
c. A minimum northerly side yard of 3.2 metres shall be required for the fourth,
fifth and sixth floors;
d. A minimum southerly side yard of 3.0 metres shall be required for the second,
third, fourth, fifth and sixth floors;
e. A minimum rear yard of 2.1 metres shall be provided and maintained for the
first and second floors;
f. A minimum rear yard of 3.5 metres shall be required for the second, third,
fourth, fifth and sixth floors;
g. A maximum gross floor area of 4,800 square metres shall be permitted;
h. A minimum of 14% of the ground area of the lot shall be provided and
maintained as landscaped area; and,
i. A minimum of 24% of the lot area shall be provided and maintained as amenity
area on the second and fourth floors.
(By-law 18-114, May 9, 2018)
2. Notwithstanding Section 8.2.1 of this By-law, within the lands zoned Community
Institutional (I2) Zone, identified on Map 910 of Schedule "A" and described as 147
Cannon Street West and 79 Bay Street North (Sir John A. McDonald Secondary
School - District Energy), a utility plant for the generation and transmission of heat,
steam and electricity shall also be permitted.
(By-law 18-114, May 9, 2018)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-2
3. Notwithstanding Section 7.1.3 d) of this By-law, a building accessory to Lawn
Bowling/Bocce Court(s) shall be permitted to a maximum gross floor area of 38 square
metres (Lisgar Park)
(June 14, 2006, By-law 06-166)
4. Notwithstanding section 8.1.3.1 i) and Section 6.5.3.4 of this By-law, the following
Maximum Capacity shall be permitted for the respective property.
i)
12 Melville Street, as identified on Map 861 of Schedule "A" - Zoning
Maps, 24 residents
ii)
46 West Avenue South, as identified on Map 995 of Schedule "A" -
Zoning Maps, 20 residents
iii)
160 Park Street South, as identified on Map 952, 994 of Schedule "A"
- Zoning Maps, 20 residents
iv)
65 East Avenue South, as identified on Map 995, 996 of Schedule "A"
- Zoning Maps, 20 residents
v)
7 Blake Street, as identified on Map 997, 1041 of Schedule "A" -
Zoning Maps, 40 residents
(By-law 07-101, March 28, 2007)
(By-law 18-114, May 9, 2018)
5.
Notwithstanding section 8.2.3.1 g) of this By-law, the Maximum Capacity for 1320-
1322 King Street East shall be 64 residents.
(By-law 07-101, March 28, 2007)
6.
Notwithstanding Sections 9.1.1 and 9.1.3 of this By-law, within the boundaries of
the lands affected by this subsection and zoned Research and Development (M1)
Zone, identified on Maps 950a and 992a of Schedule "A" - Zoning Maps, the
following shall apply:
a. The existing railway use shall also be permitted, including any new use,
building or structure accessory thereto, and subject to the planting strip in
subsection c) below not required for such use.
b. The building height shall not exceed a height of 22.0 metres when located
within 60.0 metres of a Residential zone; and,
c. A 6.0 metre planting strip shall be required along that portion of the property
line abutting a railway right-of-way.
(By-law 07-043, February 15, 2007)
7.
Notwithstanding Sections 9.1.1 and 9.1.3 of this By-law, within the boundaries of
the lands affected by this subsection and zoned Research and Development (M1)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-3
Zone, identified on Maps 949, 950 and 991 of Schedule "A" - Zoning Maps, the
following shall also apply:
a. A Museum shall also be permitted; and,
b. Educational Establishment and Multiple Dwelling uses shall also be
permitted, subject to the following regulations:
i.
The Maximum Gross Floor Area for Educational Establishment shall
be limited to 14,000 square metres and Multiple Dwelling shall be
limited to 5,750 square metres;
ii.
Notwithstanding (i) above, the Maximum Gross Floor Area for
Educational Establishment(s) may be increased beyond the 14,000
square metres, to a maximum of 46,500 square metres, provided that
any additional gross floor area for such educational use shall be
limited to a maximum of 33% of the total gross floor area of all
existing buildings, which are used for other permitted M1 uses,
located on the said lands, save and except for the following uses:
1.
Educational Establishments;
2.
Multiple Dwelling(s);
3.
Commercial Parking Facilities; and,
4.
Warehouse (as a primary use).
iii.
Notwithstanding (i) above, the Maximum Gross Floor Area for
Multiple Dwelling(s) may be increased beyond the 5,750 square
metres, to a maximum of 11,500 square metres, provided that any
additional gross floor area for such multiple dwelling use shall be
limited to a maximum of 8% of the total gross floor area of all existing
buildings, which are used for other permitted M1 uses, located on the
said lands, save and except for the following uses:
1.
Educational Establishments;
2.
Multiple Dwelling(s);
3.
Commercial Parking Facilities; and,
4.
Warehouse (as a primary use).
iv.
Multiple dwellings shall be restricted to locating in a maximum of
2 buildings.
v.
Notwithstanding (ii) and (iii) above, the combined total gross floor
area accommodating both Educational Establishment and Multiple
Dwelling uses shall not exceed 46,500 square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-4
8.
Notwithstanding Sections 8.3.2.1 and 8.3.2.2 of this By-law, on those lands zoned
Major Institutional (I3) Zone, identified on Maps 1291 and 1344 of Schedule "A" -
Zoning Maps and described as 1321, 1329, 1335, 1339, 1343, 1347, 1349, and
1355 Upper Wellington Street, the following special provisions shall also apply:
a.
A maximum of 121 dwelling units shall also be permitted within one or more
buildings;
b.
Minimum Lot Frontage - 19.0 metres;
c.
Section 8.3.2.2 c) shall not apply; and,
d.
Section 8.3.2 shall not apply to the existing single detached dwelling and no
further additions shall be permitted.
(By-law 07-330, November 14, 2007)
9.
Notwithstanding Sections 9.1.1, 9.1.2 and 9.1.3 of By-law 05-200, on those lands
zoned Research and Development (M1) Zone, identified on Maps 908 and 950 of
Schedule "A" - Zoning Maps and described as 501 Main Street West, the following
special provisions shall also apply:
a.
The following uses shall also be permitted:
i.
The primary production of asphalt and/or concrete;
ii.
Recycling of concrete, asphalt products and bricks;
iii.
Crushing, screening, processing, outdoor storage/ stockpiling,
and the sale of rock, sand, gravel, used concrete, used
asphalt, concrete products and bricks;
iv.
Outdoor storage of equipment used for road building which
shall include but not be limited to detour signs, barricades,
and/or traffic cones;
v.
Outdoor storage of machinery and equipment used for a
permitted use; and,
vi.
Uses accessory thereto.
b.
Maximum Building Gross Floor Area - 250 square metres;
c.
Maximum envelope to accommodate an asphalt plant structure or
concrete ready mix plant shall not exceed 5000 square metres;
d.
Maximum Building Height - 25.0 m;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-5
e.
Notwithstanding sub-section (d) above, no building or structure
greater than 15 metres in height, shall be located within 40.0 metres
of Main Street West; and,
f.
Section 4.1.9, of By-law 05-200, shall not apply.
(OMB - November 21, 2007)
10.
Notwithstanding Sections 9.3.1, 9.3.3(i)(i) and 5.6(c) of this By-law, on those lands
zoned Prestige Business Park (M3,10) Zone, as identified on map No. 1499 of
Schedule "A" - Zoning Maps, and described as 260 Nebo Road (Hamilton), the
following special requirements shall apply:
(a)
A Medical Office(s) and a Medical Clinic shall be permitted, only on the
ground floor of the building existing on the date of the passing of the By-law
being the 30th day of November, 2011;
(b)
A minimum 4.3 metre wide Landscaped Area shall be provided and
maintained abutting Lancing Drive, except for points of ingress and egress;
and,
(c)
A minimum of 1 parking space for each 29 square metres of gross floor
area, which accommodates such use, shall be provided for a Medical Clinic
or Medical Office(s).
(By-law 11-291, November 30, 2011)
12.
Within the lands zoned Major Institutional (I3) Zone, identified on Maps 871 and
913 of Schedule "A" and described as 460 Wentworth Street North, the following
special provisions shall apply:
a)
Notwithstanding Section 5 of this By-law, a minimum of 30 parking
spaces shall be provided for the Community Centre on site and a
street or laneway shall also be considered a right-of-way.
b)
For the purposes of this By-law, a driveway shall be permitted to lead
directly from a private right-of-way.
c)
Notwithstanding Section 8.3.1 the following uses shall not be
permitted:
Hospital
Lodging House
Long Term Care Facility
Medical Clinic
Multiple Dwelling
Place of Worship
Residential Care Facility
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-6
Retirement Home
d)
In addition to Section 8.3.1 of this By-law, the following uses shall be
permitted:
Bicycle Repair Shop
Second Hand Goods Exchange and Sales
Museum
Retail
Outdoor Farm Market
e)
Notwithstanding Section 8.3.2.1, the following regulations
shall apply:
i)
Location and Size of Bicycle Repair Shop, Second
Hand
Goods Exchange and Sales, Museum and
Retail:
a)
Shall only be located within the building
existing
on
the date of the passing of this By- law, being the 10th
day of July 2008;
b)
Shall be limited to a maximum GFA of 85 square metres
for each use; and,
c)
Shall be operated as a non-for-profit establishment.
ii)
Open Air Market
a)
Shall only be permitted in the parking area adjacent to
Wentworth Street North and shall not occupy more than
9 parking spaces.
f)
Notwithstanding Section 8.3.2.3 of this By-law, the following
regulations shall apply:
a)
Minimum Lot Area:
i)
50 square metres for each
dwelling unit; and,
c)
Minimum Front Yard:
i)
3.0 metres.
(By-law 08-173, July 10, 2008)
13.
Within the lands zoned Open Space and Parks (P4) Zone, identified on Map 447
of Schedule "A" and described as part of 392 Dundas Street East, being Block 3
on Schedule "A of this By-law, the following special provisions shall apply:
a)
In addition to the uses permitted within Section 7.4, of By-law 05-200, the
subject property shall also be permitted to be used as an access driveway
for properties municipally known as 50, 52, 53 and 56 George Street.
(By-law 10-181 - OMB Approval))
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-7
14.
Within the lands zoned Open Space and Parks (P4) Zone, identified on Map 447
of Schedule "A" and described as part of 392 Dundas Street East, being Block 5
on Schedule "A" of this By-law, the following provision shall apply:
a)
In addition to the uses permitted within Section 7.4, of By-law 05-200, the
subject property shall also be permitted to be used as an emergency
access.
(By-law 10-181, OMB Approval)
15.
Within the lands zoned Neighbourhood Institutional (I1) Zone, identified on Map
951 of Schedule "A" and described as 153 George Street, the following special
provisions shall apply:
(a)
Notwithstanding Section 8.1-2, g) of this By-law, the minimum rear yard
setback for all 3 storey (10.5 m in height) structures shall be 4.5m; the
minimum rear yard setback for all 2 storey structures shall be 3m; and, the
minimum rear yard setback for all single storey structures shall be 1.2m.
(b)
Notwithstanding section 8.1-2 i) of this By-law, the Maximum Capacity for a
Residential Care Facility shall not exceed 24 residents.
(c)
Notwithstanding Section 8.1-2 j) ii) of this By-law, the existing Residential
Care Facility may be expanded to accommodate not more than 24
residents.
(d)
Notwithstanding section 8.1-2 k) and Section 5 of this By-law, a minimum
of 2 parking spaces shall be provided.
(e)
Notwithstanding Section 5.1 a) v) of this By-law, parking spaces and aisles
shall not be located within 1.5m of a street line.
(f)
Notwithstanding Section 5.2 a) of this By-law, no visual barrier shall be
provided along the lot line of the parking area which abuts a Residential
Zone.
(By-law No. 08-286, December 10, 2008)
16.
Within the lands zoned Neighbourhood Institution (I1) Zone, identified on Map Nos.
1228, 1229, 1174 and 1175, of Schedule "A" - Zoning Maps and described as 265
Wilson Street East, Ancaster, the following special provisions shall apply:
a)
That in addition to Section 3, as it relates to a "Landscape Parking Island",
for a parking area existing on the date of the passing of this By-law, the
following definition shall apply:
Landscape Parking Island
Shall mean a portion of land for the
growing of ornamental shrubs or
trees, flowers, grass, and other
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-8
vegetation, suitable to the soil and
climatic conditions of the area of
land for the purpose of landscaping
within a parking lot, and shall
include walkways, fire hydrants,
decorative walls, or features, and
light standards, and shall not form
part
of
a
Planting
Strip
or
Landscaped Area.
b)
Notwithstanding Section 4.6 a) as it relates to the usual projections of
chimney breasts, the following regulations shall apply:
i)
Permitted Yard
Encroachments
The chimney existing on the date
of the passing of this By-law may
encroach 0.45 metres into the
required side yard.
c)
Notwithstanding Sections 5.2 b), f), and 5.6 c) as it relates to a Place of
Worship and in addition to Section 5.2 c) the following regulations shall
apply:
i)
Design Standards
A) The parking spaces existing
on the date of the passing of
this
By-law
shall
be
a
minimum width of 2.6 metres
in width and 5.5 metres in
length.
B) The
barrier-free
parking
spaces existing on the date
of the passing of this By-law
shall have a minimum width
of 4.4 metres and a minimum
length of 5.5 metres.
ii)
Parking Schedule for
all Zones, except the
Downtown Zones
A) A minimum of 58 parking
spaces shall be provided
and maintained for a Place
of Worship existing on the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-9
date of the passing of this
By-law.
B) Notwithstanding Section c)
ii) A) above, Section 5.6 c)
shall apply, for all other uses
and
all
new
buildings,
additions, or expansions.
d)
Notwithstanding Sections 8.1.3.1 d), e) and h), the following regulations
shall apply:
i)
Minimum Front Yard
A)
A minimum front yard of 0.0
metres shall be required for
any portion of a building
existing on the date of the
passing of this By-law.
B)
Notwithstanding Section d) i)
A) above, Section 8.1.3.1 d)
shall
apply
to
all
new
buildings,
additions,
or
expansion.
ii)
Minimum Side Yard
A)
A minimum side yard of 0.6
metres shall be required for
any portion of a building
existing on the date of the
passing of this By-law.
B)
Notwithstanding Section d)
ii) A) above, Section 8.1.3.1
e) shall apply to all new
buildings,
additions,
or
expansions.
iii)
Maximum Building Height
A)
The building height of the
building existing on the date
of the passing of this By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-10
B)
Notwithstanding Section d)
iii) A) above, Section 8.1.3.1
h) shall apply to all new
buildings,
additions,
or
expansions.
(By-law No. 08-266, November 12, 2008)
(By-law No. 24-132, July 12, 2024)
17.
Within the lands zoned Neighbourhood Institutional (I1) Zone and Community
Institutional (I2) Zone, identified on Maps 886, 906, 907, 947, 948, 949, 988, 989
and 990 of Schedule "A" and described as addresses:
2 Bond Street North
235 Bowman Street
266 Bowman Street
7 Butty Place
125 Cline Avenue South
215 Cline Avenue North
80 Ewen Road
84 Ewen Road
900 King Street West
1140 King Street West
143 Lower Horning Road
150 Lower Horning Road
1152 Main Street West
1155 Main Street West
1349 Main Street West
1355 Main Street West
100 Macklin Street North
96-100 North Oval
99 North Oval
201 Paradise Road North
69 Sanders Boulevard
125 Rifle Range Road
200 Whitney Avenue
28 Wilmont Court
261 Whitney Avenue
as it relates to the following permitted uses:
-
Duplex Dwelling
-
Semi-Detached Dwelling
-
Single Detached Dwelling
the following special provisions shall apply:
a) notwithstanding Sections 8.1.3.3 g) and 8.2.3.3 g), of By-law 05-200, no
building or structure shall exceed 2 storeys or 9.0 metres in height;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-11
b) no building or structure shall have a gross floor area greater than the
area within the zone of the lot on which it is situate, multiplied by the
floor area ration factor of 0.45;
c) notwithstanding Section 2, of By-law 05-200, for the purposes of this By-
law gross floor area is the aggregate of the areas of the building or
structure, including the basement or cellar, but shall not include:
i)
an attached garage;
ii)
a detached garage; and,
iii)
the floor area occupied by heating, air conditioning and
laundry equipment.
d) for purposes of determining gross floor area for any portion of the
dwelling where the ceiling height exceeds 4.6 metres, that portion of
the dwelling shall be multiplied by 1.9;
e) notwithstanding Section 5.6 c), of By-law 05-200 and for the purposes
of this By-law, parking shall be calculated based on the following:
Duplex Dwelling
Semi-Detached Dwelling
Single Detached Dwelling
1 for each dwelling unit, for the
first 8 habitable rooms in the
dwelling unit plus 0.5 for each
additional habitable room.
where "habitable room" means any room of a residential building , used or capable
of being used by one or more persons for living, eating or sleeping, or as a kitchen
serving a dwelling unit; but does not include a bathroom, laundry, serving or
storage pantry, corridor or other space not for use frequently or during extended
periods.
(By-law 08-227, September 24, 2008)
18.
Within the lands zoned Community Institutional (I2) Zone, identified on Map 953 of
Schedule "A" and described as 99 Ferguson Avenue North (Dr. Edgar Davey
Elementary School), the following special provisions shall apply:
a)
That notwithstanding Section 8.2.1 of this By-law, a Community Centre shall
also be permitted;
b)
That notwithstanding Section 8.2.3.2 b) the Maximum Building Height shall
be in accordance with Figure 1 of Schedule "F" - Special Figures of Zoning
By-law 05-200;
c)
That notwithstanding Section 3 of this By-law, the definition of the Front Lot
Line shall mean the lot line abutting Ferguson Avenue North;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-12
d)
That Section 5.1a) v) and Section 5.1a) vi) of this By-law shall not apply;
e)
That Section 5.2 a) of this By-law shall not apply; and,
f)
That notwithstanding Section 5.6a) ii. a) of this By-law, a minimum of 39
parking spaces shall be provided and maintained for an Elementary school
and Community Centre.
(By-law 09-027, February 11, 2009)
(By-law 18-114, May 9, 2018)
19.
Within the lands zoned Neighbourhood Institutional (I1) Zone, identified on Map
447 of Schedule "A" to By-law 05-200 and described as part of 392 Dundas Street
East, the extent and boundaries of which are shown on a plan hereto annexed as
Schedule "A" to this By-law, the following special provisions shall apply:
a)
That notwithstanding Section 8.1.1 of By-law 05-200, only the following
uses shall be permitted:
Child Care Centre;
Educational Establishment consisting only of an Elementary School;
Museum;
Place of Worship;
Residential Care Facility; and,
Retirement Home.
b)
That notwithstanding Section 8.1.3.3 (b) i) of By-law 05-200, the maximum
Building Height for an Elementary School shall be 13.5 metres.
c)
That notwithstanding Section 4.3 (a) of By-law 05-200, frontage on a street
shall not be required for an Elementary School.
d)
That for the purposes of this By-law, the north-westerly lot line abutting the
future road allowance shall be deemed to be the front lot line.
(By-law 09-066, April 1, 2009)
(By-law No. 25-155, August 06, 2025)
20.
Notwithstanding Sections 8.2.1 and 4.8.1 of this By-law, within the lands zoned
Community Institutional (I2) Zone, identified on Map No. 947 of Schedule "A" to
By-law 05-200, and described as 69 Sanders Boulevard, the following special
provisions shall apply:
(a)
In addition to the permitted uses in Section 8.2.1, a lodging house for the
accommodation of a maximum of 50 residents shall be permitted only within
the building existing on the date of passing of the By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-13
(b)
That for purposes of this By-law, the lot line fronting onto Main Street West
shall be deemed to be the front lot line, and the lot line fronting onto Sanders
Boulevard shall be deemed to be the rear lot line.
(c)
That for the purposes of this By-law, vehicular ingress and egress shall not
be permitted from Sanders Boulevard.
(d)
That notwithstanding Section 4.8.1(a), buildings accessory to the lodging
house shall also be permitted in the front yard, but shall not be located within
40 metres of the front lot line.
(e)
That notwithstanding Section 4.8.1(b), all buildings accessory to the lodging
house shall not exceed a total gross floor area of 30 square metres.
(By-law 09-114, May 27, 2009)
21.
Within the lands zoned Neighbourhood Institutional (I1, 21) Zone, identified on Map
1337 of Schedule "A", and described as 625 Garner Road East, the following
special provisions shall apply:
(a)
Notwithstanding Section 8.1.3.2 b) i) of this By-law, the Maximum Building
Height shall be 13.5m.
(By-law 09-161 July 9, 2009)
22.
Notwithstanding Sections 5.6 and 8.2.1 of this By-law, within the lands zoned
Community Institutional (I2) Zone, identified on Map No. 994 of Schedule "A" to
By-law 05-200, and described as 280 Bay Street South, the following special
provisions shall apply:
(a)
In addition to the permitted uses in Section 8.2.1, a multiple dwelling with a
maximum of three units within the building existing at the time of the passing
of the By-law.
(b)
A minimum Side Yard setback of 1.0 metre shall be permitted; and,
(c)
notwithstanding Section 5.6c) of By-law 05-200, and for the purposes of this
By-law, no parking spaces shall be required for a multiple dwelling with a
maximum of three units within the building existing at the time of the passing
of the By-law.
(By-law 09-181, August 13, 2009)
23.
Within the lands zoned Conservation/Hazard (P5,23) Zone, identified on Map 1406
of Schedule "A" and described as 22 Green Mountain Road West, the following
special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-14
(a)
No person shall erect, or use any land, building, or structure, in whole or
part, within a Conservation/Hazard Land (P5) Zone for any purpose other
than that listed in Section (b) below;
(b)
Permitted Use - Archaeological Conservation which, for the purpose of this
By-law, shall mean the preservation of an archaeological resource or
resources in place.
(By-law No. 10-327, OMB approval December 9, 2010)
24.
That notwithstanding Section 8.2.3.1 (d) of this By-law, on those lands zoned
Community Institutional (I2) Zone, on Maps 1285, 1231 and 1232 of Schedule "A",
the maximum building height for any building or structure shall be 15.0 metres.
(By-law 09-250, December 9, 2009)
25.
In addition to Section 9.11.1, on those lands zoned Airport Prestige Business (M11)
Zone, identified on Maps 1388 and 1389 of Schedule "A" - Zoning Maps and
described as 618 Garner Road East, a golf driving range and accessory uses and
structures shall also be permitted.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
26.
In addition to Section 9.11.1, on those lands zoned Airport Prestige Business (M11)
Zone, identified on Maps 1387, 1388, 1438, 1439 and 1487 of Schedule "A" -
Zoning Maps and described as the south west corner of Garner Road East and
Highway No.6, a banquet facility and conference or convention centre may also be
permitted.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
27.
Notwithstanding Section 8.3.1, on those lands zoned Major Institutional (I3) Zone,
identified on Maps 1337, 1389, 1390 and 1440, of Schedule "A" - Zoning Maps,
and described as lands located at the south-east corner of Smith Road and Garner
Road East, be amended to provide for the following special requirements.
a)
all residential uses shall be prohibited;
b)
Notwithstanding clause a), a multiple dwelling or lodging home may be
permitted on the same lot as and in conjunction with an educational
establishment in accordance with Section 8.3.2.2 c) and provided the multiple
dwelling or lodging home is used for students from the educational
establishment .
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
28.
Notwithstanding Section 9.11.3 c) ii) and e), on those lands zoned Airport Prestige
Business (M11) Zone, identified on Maps1493 and 1494 of Schedule "A" - Zoning
Maps, any building or structure used for Manufacturing shall be setback a minimum
20.0 metres from Twenty Road West.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-15
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
29.
Notwithstanding Section 2.5f) of this By-law, within the lands zoned
Conservation/Hazard Land (P5, 29) Zone, Modified, identified on Maps 1404,
1454, and 1455, the lands so zoned may be used for the purpose of calculating lot
area and setbacks for development on the lots or blocks on which the P5 lands are
part of.
(By-law 11-092, March 23, 2011)
31.
Notwithstanding Sections 9.3.1; 9.3.3(i)(i) and (ii) and 5.6(c), only as it relates to
an "Office", on those lands zoned Prestige Business Park (M3) Zone, on Map 1502
of Schedule "A" - Zoning Maps, the following provisions shall apply:
(i)
Landscaped Area and
Planting Requirements
A minimum 1.17 metre wide
landscape area and planting strip shall
be provided and maintained between
parking spaces, aisles or driveways
and a street, except for points of
ingress and egress
(ii)
Office (within building
at time of passage of
by-law)
A minimum of eleven (11) parking
spaces shall be provided and
maintained, with one space being
Barrier Free.
(By-law 10-281, June 28, 2011)
32.
Notwithstanding Sections 4.6 d), 5.1 a) i) to v), 5.6 c) i), and 8.1.3.1 d), h),i), j) of
this By-law, within the lands zoned Neighbourhood Institutional (11, 32) Zone,
Modified, identified on Maps 901 and 943, the following special provisions shall
only apply to a residential care facility:
a.
Subsection 8.1.3.1 j) i) shall not apply to a residential care facility on the
lands subject to this special provision.
b.
Maximum number of residents
36 residents
in a residential care facility:
c.
Maximum building height:
11.5 metres
d.
Minimum front yard setback:
3.0 metres
e.
Minimum yard for a porch or
0.6 metres
deck adjacent to southerly lot line:
f.
Minimum Number of Parking Spaces:
10 spaces
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-16
g.
Parking spaces and aisles, giving direct access to abutting parking spaces,
excluding driveways extending directly from the street shall not be located
within 2.0 metres from a street line, and subject to a 2.0 metre wide planting
strip being provided and permanently maintained between the streetline and
the said parking spaces or aisle.
(By-law 10-258, October 13, 2010)
33.
Notwithstanding Section 5.6 c) ii) of this By-law, within the lands zoned
Neighbourhood Institutional (11, 33) Zone, Modified, identified on Maps 901 and
943, the minimum required parking spaces for the existing place of worship shall
be 67. Where an addition, alteration, or expansion of an existing building is
proposed, the additional parking requirements of Subsection 5.6 c) shall only apply
to the increased gross floor area of the building.
(By-law 10-258, October 13, 2010)
34.
In addition to Section 9.11.1, on those lands zoned Airport Prestige Business (M11)
Zone, identified on Map 1388 of Schedule "A" - Zoning Maps and described as
534 Garner Road East, a restaurant shall also be permitted.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
35.
In addition to Section 9.11.1 and 9.11.2 i) and ii), on those lands zoned Airport
Prestige Business (M11) Zone, identified on Maps 1493, 1494, 1540 and 1541 of
Schedule "A" - Zoning Maps a garden centre, and outdoor display and outdoor
storage shall also be permitted.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
36.
Notwithstanding Section 9.11.1, on those lands zoned Airport Prestige Business
(M11) Zone, identified on Map 1443 and 1492 of Schedule "A" - Zoning Maps and
described as lands located on the future Garth Street extension between Twenty
Road West south to the future collector road, the following uses shall not be
permitted:
a)
warehousing;
b)
transportation terminal;
c)
private power generation; and,
d)
utility activities.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
37.
Notwithstanding Section 9.11.2 i) and ii), on those lands zoned Airport Prestige
Business (M11) Zone, identified on Map 1629 of Schedule "A" - Zoning Maps, the
following provisions shall apply:
a.
Outdoor display and/or storage shall be permitted in accordance with the
following regulations:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-17
i)
Location of Outdoor
Display and Outdoor
Storage
Shall not be permitted in any front
yard or minimum side yard.
ii)
Yard Abutting a Street
15 metres;
iii)
Minimum
Yard
Abutting a Residential
or an Institutional Zone
15 metres;
iv)
Visual Barrier
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.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
38.
Notwithstanding Sections 8.1.1 and 8.1.3 of this By-law, within the lands zoned
Neighbourhood Institutional (I1) Zone, identified on Map No. 445 of Schedule "A"
to By-law 05-200, and described as 273 Parkside Drive, the following special
provisions apply:
a)
PERMITTED USES
Only the following uses shall be permitted:
(i)
Single-Detached Dwelling
(ii)
A Social Services Establishment, which shall be limited to a Youth
Centre
b)
REGULATIONS FOR A SINGLE DETACHED DWELLING
(i)
Minimum Lot Width
7.8 metres for a corner lot.
(ii)
All other regulations in accordance with Section 8.1.3.3
c)
REGULATIONS FOR A YOUTH CENTRE
(I)
Minimum Lot Width
7.8 metres.
(ii)
Minimum Front Yard
2.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-18
(iii)
Minimum Flankage Yard
2.0 metres measured along the
hypotenuse of the daylighting corner
2.5 metres for the flankage side yard.
(iv)
Maximum Building Height 11 metres.
(v)
Parking
Notwithstanding Table 5.6 a), a Social
Services Establishment which is
comprised of only a Youth Centre, shall
req1 space per 125 square metres of
gross floor area.
(By-law 11-055, February 9, 2011)
39.
Notwithstanding Section 8.3.1 of this By-law, on those lands zoned Major
Institutional (I3) Zone, identified on Maps 1386, 1387, 1437 and 1438 of Schedule
"A" - Zoning Maps and described as, 70 Garner Road East, only the following uses
shall be permitted only in conjunction with the place of worship:
a.
offices for a religious organization;
b.
conference and convention centre;
c.
lodging house for short term accommodation in conjunction with the
educational establishment;
d.
recreation; and,
e.
educational establishment for a religious organization.
(By-law No. 10-288, October 13, 2010 - OMB approval April 10, 2015)
41.
That notwithstanding Sections 8.1.3.1(d), 5.1(a)(v), 5.2(a) and 5.6(c) of this By-
law, on those lands zoned Neighbourhood Institutional (I1, 41) Zone, on Map 1145
of Schedule "A" - Zoning Maps and described as 202 and 208 Barton Street
(Stoney Creek) the following regulations shall also apply:
(a)
A minimum front yard of 4.0 metres shall be provided and maintained;
(b)
Parking spaces and aisles, giving direct access to abutting parking spaces,
excluding driveways extending directly from the street, shall be permitted
0.0 metres from a street line, and no planting strip is required between the
street line and the said parking spaces or aisle;
(c)
A minimum 1.5 metre wide planting strip and a minimum 2.0 metre high
board-on-board fence and maximum 3.0 metre high board-on-board fence
shall be provided and maintained along the southerly rear lot line; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-19
(d)
Parking shall be provided for a Place of Worship at a ratio of 1 parking space
for every 10.75 square metres of gross floor area, inclusive of a basement
or cellar, to accommodate such use.
(By-law 11-318, December 14, 2011)
42.
Notwithstanding Sections 3, 5.1 a) ii), 5.2.1 b), and 7.3.3 a), b), and d) of this By-
law, within the lands zoned City Wide Park (P3) Zone, Modified, identified on
Maps 956 and 998 of Schedule "A" - Zoning Maps and described as 75 Balsam
Avenue North and 160 Beechwood Avenue, the following special provisions shall
apply:
a.
For the purposes of Special Exception No. 42, the following definition shall
apply:
Planting Strip Shall mean an area of land growing ornamental shrubs or
trees or both, suitable to the soil and climatic conditions of the area of land
for the sole purpose of providing a buffer, and may include a sidewalk.
b.
Minimum Side and Rear Yard
0 metres.
c.
Maximum Building Height,
40.0 metres.
Exclusive of any Attached
Stadium Lighting
d.
Maximum Size for Retail
Shall not apply to retail uses
located within stadium
building.
e.
Location of Loading Facilities
Shall be permitted in a yard
abutting a street.
f.
Location of Parking Facilities
Shall be permitted on the
for School Located at 77
subject lands notwithstanding
Melrose Avenue North
that the lot to accommodate
the parking facilities is not
located in the same zone as
the school.
(By-law No. 11-208, August 11, 2011)
43.
Within the lands zoned Major Institutional (I3, 43) Zone, Modified, identified on Map
1447 of Schedule "A" and described as 1620 Upper Wentworth Street and 401
Rymal Road West, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-20
a)
Notwithstanding Sections 8.3.2.1 c) and 8.3.2.2 b) of this By-law, a
maximum building height of 37 metres shall be permitted for the Retirement
Home/Multiple Dwelling portion of the building.
b)
Notwithstanding Section 8.3.2.1 b) of this By-law, the minimum required
side yard shall be of 0.65 metres.
c)
Notwithstanding Section 8.3.2.2 c) of this By-law, an Educational
Establishment shall not be required on the same lot as a medical clinic or
multiple dwelling.
d)
Notwithstanding the definition of Lot as noted in Section 3, and
notwithstanding any change in land ownership or any severance, partition
or division of the property subject to this special provision shall be
considered one lot for the purposes of the Zoning By-law.
e)
Notwithstanding section 5.1 d) of this By-law, parking lot may be located
between the building façade and the front lot line facing Upper Wentworth
Street.
f)
Notwithstanding Section 5.6 a) of this By-law, parking for a retirement home
shall be provided at the rate of one parking space for every three bachelor
unit or one-bedroom unit.
g)
Notwithstanding Sections 3 and 5.1 v) of this By-law, walkways and
retaining walls may be permitted within the required 3.0 metre planting strip.
(By-law 12-083, March 28, 2012)
(By-law 17-113, June 14, 2017)
44.
In addition to the uses permitted in Section 9.3: Industrial Zones, on those lands
zoned Prestige Business Park (M3, 44) Zone, as identified on Map 612 of Schedule
"A" - Zoning Maps, also described as 70 Innovation Drive, an Indoor Sports Facility
and accessory uses, having a maximum Gross Floor Area of 1,785 square metres
within the existing building, is also permitted.
(By-law 11-292, November 30, 2011)
45.
In addition to Section 7.5.1, on those lands zoned Conservation/Hazard Lands (P5)
Zone, identified on Maps 1441, 1442, 1490 and 1491 of Schedule A- Zoning Maps
and described as 550 Glancaster Road, the existing single detached dwelling,
including any additions thereto, shall also be permitted.
(OMB Settlement December 11, 2011)
46.
In addition to Sections 9.9.1 and 9.9.2 of Zoning By-law 05-200, on those lands
zoned Airport Reserve (M9) Zone, as identified on Map 1671 of Schedule "A" -
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-21
Zoning Maps, and described as 2826 Upper James Street, be amended to provide
for the following special requirements:
a. The following uses shall also be permitted:
i) Existing single detached dwelling;
ii) personal service;
iii) landscape contracting establishment;
iv) transportation depot; and,
v) repair service
b. The following regulations shall also apply:
i)
Additional
Requirements for
the Existing Single
Detached Dwelling
1.
The existing single detached
welling may be increased in size
to a maximum gross floor area
of 240 square metres.
2.
Maximum Height - 10.7 metres
3.
Minimum front yard - 7.5 metres
4.
Minimum side yards - 3.0
metres
5.
Minimum rear yard - 10.7
metres
ii)
Additional Requirements
for Personal Service,
Landscape Contracting
Establishment,
Transportation Depot and
Repair Service
1.
No new buildings shall be
constructed to
accommodate the Personal
Service,
Landscape Contracting
Establishment,
Transportation Depot and
Repair Service.
2.
Notwithstanding b)ii) 1. above,
Repair
Service shall be permitted
within a
building accessory to a
residential
dwelling.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-22
iii) Additional
Requirements for
Accessory
Buildings
1.
Shall not be permitted within
the front
yard.
2.
A building accessory to a
Single
Detached Dwelling shall be
limited to a
maximum gross floor area of
size of 36
square metres and a maximum
height of
4.5 metres.
iv) Home Business
Regulations
1.
In accordance with the
requirements of Section 4.21.
(OMB Settlement December 11, 2011)
(By-law No. 24-137, July 12, 2024)
47.
In addition to Sections 9.11.1 of Zoning By-law 05-200, on those lands zoned
Airport Prestige Business (M11)Zone, as identified on Map 1585 and 1629 of
Schedule "A" - Zoning Maps, and lands on the east side of Upper James Street
south of Dickenson Road, be amended to provide for the following special
requirements:
a. The following uses shall also be permitted:
i)
financial Establishment;
ii)
motor Vehicle Rental Establishment;
iii)
motor Vehicle Washing Establishment;
iv)
personal Service;
v)
restaurant; and,
vi)
retail.
vii)
Motor Vehicle Dealership
b. The following regulations shall also apply:
i)
Additional.
Requirements for
Personal Service
and Retail
1.
Personal Service and Retail
uses shall
be limited to a maximum gross
floor area
of 500
.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-23
(OMB Settlement December 11, 2011)
(By-law No.17-245, July 4, 2017)
(By-law No. 24-137, July 12, 2024)
49.
Notwithstanding 9.3.3 b) ii) of Zoning By-law 05-200, on those lands zoned
Prestige Business Park (M3) Zone, as identified on Map Nos. 1635, 1636, 1677
and 1678 of Schedule "A" - Zoning Maps, and described being located at the
south-west corner of Twenty Road East and Glover Road, be amended to provide
that Section 9.3.3 b) ii) shall not apply and that Section 9.3.3 b) shall not apply only
for a structure(s) for security purposes.
(By-law 11-277, November 16, 2011)
(By-law 12-132, June 13, 2012)
50.
In addition to Section 12.4.1, on those lands zoned Settlement Commercial (S2)
Zone, identified on Map 113 of Schedule "A" - Zoning Maps and described as 2
Station Street, a Feed Mill shall also be permitted.
(By-law No. 15-173, July 10, 2015)
51.
Notwithstanding Section 12.4.1 and in addition to Section 12.4.2, on those lands
zoned Settlement Commercial (S2) Zone, identified on Maps 113, 114, and 122 of
Schedule "A" - Zoning Maps and described as addresses:
2012 Governors Road
Map 114
2024 Governors Road
Map 114
2030 Governors Road
Map 114
2038 Governor's Road
Maps 113 and 114
1045 Highway No. 52 North
Maps 113 and 114
The following uses shall be prohibited:
i)
Catering Service;
ii)
Medical Clinic; and,
iii)
Restaurant.
(By-law No. 15-173, July 10, 2015)
52.
Notwithstanding Section 12.3.3 a), on those lands zoned Settlement Residential
(S1) Zone, identified on Maps 60, 113, 114 and 122 of Schedule "A" - Zoning Maps
and described as addresses:
2192 Governors Road
2208 Governors Road
2170 Governors Road
Maps 113 and 122
Map 122
Maps 113 and 122
Part of 49 Inksetter Road
Maps 113 and 114
Part of 37 Highway No. 52 North
122 Highway No. 52 North
Map 113
Map 113
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-24
102 Highway No. 52 North
Part of 393 Concession 5 West
395 Concession 5 West
Part of 971 Highway 6
Map 113
Map 60
Map 60
Map 60
The Minimum Lot Area shall be 1.0 hectare.
(By-law No. 15-173, July 10, 2015)
53.
Notwithstanding Section 12.3.3 a), on those lands zoned Settlement Residential
(S1) Zone, identified on Maps 42, 43, and 65 of Schedule "A" - Zoning Maps and
described as addresses:
1330 Old Highway No. 8
Part of 1340 Old Highway No. 8
Map 65
Map 65
1847 Concession 8 West
1851 Concession 8 West
1881 Concession 8 West
1883 Concession 8 West
Map 42
Map 42
Map 42
Map 42
Part of 1492 Kirkwall Road
Part of 1500 Kirkwall Road
1561 Kirkwall Road
1566 Kirkwall Road
1572 Kirkwall Road
1576 Kirkwall Road
1582 Kirkwall Road
1586 Kirkwall Road
Maps 42 and 43
Maps 42 and 43
Map 42
Map 42
Map 42
Map 42
Map 42
Map 42
The Minimum Lot Area shall be 0.5 hectares.
(By-law No. 15-173, July 10, 2015)
54.
Notwithstanding Section 12.3.3 a) and Section 12.3.3 b), on those lands zoned
Settlement Residential (S1) Zone, identified on Map 195 of Schedule "A" - Zoning
Maps and described as addresses:
Part of 1052 Golf Club Road
1078 Golf Club Road
1088 Golf Club Road
1102 Golf Club Road
1128 Golf Club Road
1136 Golf Club Road
1142 Golf Club Road
1152 Golf Club Road
1164 Golf Club Road
1184 Golf Club Road
1204 Golf Club Road
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-25
1214 Golf Club Road
1232 Golf Club Road
1242 Golf Club Road
1248 Golf Club Road
1260 Golf Club Road
1278 Golf Club Road
520 Woodburn Road
550 Woodburn Road
568 Woodburn Road
575 Woodburn Road
584 Woodburn Road
585 Woodburn Road
595 Woodburn Road
602 Woodburn Road
618 Woodburn Road
1095 Woodburn Road
1120 Woodburn Road
1130 Woodburn Road
1144 Woodburn Road
1182 Woodburn Road
1196 Woodburn Road
1208 Woodburn Road
1220 Woodburn Road
1230 Woodburn Road
1242 Woodburn Road
1259 Woodburn Road
1268 Woodburn Road
1291 Woodburn Road
1299 Woodburn Road
Part of 1320 Woodburn Road
1327 Woodburn Road
1333 Woodburn Road
1339 Woodburn Road
1344 Woodburn Road
1354 Woodburn Road
Part of 1355 Woodburn Road
Part of 1375 Woodburn Road
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
Map 195
a)
The following regulations shall apply:
i)
Minimum Lot Area
0.8 hectares
ii)
Maximum Lot Width
76.0 metres
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-219, August 17, 2018)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-26
55. In addition to Section 12.3.3 d), on those lands zoned Settlement Residential (S1)
Zone, identified on Map 27 of Schedule "A" - Zoning Maps and described as 318
Carlisle Road, the following special provision shall also apply:
a)
The minimum side yard setback, from all boundaries of the abutting
cemetery to the west, for all structures and above-ground and in-
ground swimming pools shall be 4.5 metres.
(By-law No. 15-173, July 10, 2015)
56.
Notwithstanding Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 27 of Schedule "A" - Zoning Maps and described as 298
Carlisle Road, permitted uses are restricted to the existing Multiple Dwelling.
(By-law No. 15-173, July 10, 2015)
57.
In addition to Section 12.4.1 and notwithstanding Section 12.4.3 c), on those the
lands zoned Settlement Commercial (S2) Zone, identified on Map 18 of Schedule
"A" - Zoning Maps and described as 454 Carlisle Road, the following special
provisions shall also apply:
a)
The following use shall also be permitted:
i)
Tree Care Service Establishment
b)
For the purposes of Special Exception 57, the following definition
shall apply:
Tree Care Service Establishment: Shall mean a business which
includes
the
maintenance,
fertilizing and removal of trees,
shrubs and evergreens, and
includes arboricultural training.
c)
The following regulation shall apply:
i)
Minimum Interior Side Yard
2.31 metres.
(By-law No. 15-173, July 10, 2015)
58.
In addition to Section 12.4.1, on those lands zoned Settlement Commercial (S2)
Zone, identified on Map 49 of Schedule "A" - Zoning Maps and described as 941
Centre Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
Motor Vehicle Sales and Service Establishment
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-27
b)
For the purposes of Special Exception No. 58 the following definition
shall apply:
Motor Vehicle Sales and
Service Establishment
Shall mean a use within a
building or structure, or part
thereof, where new and/or
used motor vehicles are
stored or displayed for the
purpose of sale, rental or
leasing and may include a
building for the storage and
sale of accessories and
lubricants for motor vehicles
and an associated Motor
Vehicle Service Station.
(By-law No. 15-173, July 10, 2015)
59.
In addition to Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 25 of Schedule "A" - Zoning Maps and described as 835
Regional Road No. 97, a Medical Clinic with a maximum gross floor area of 98.0
square metres shall also be permitted.
(By-law No. 15-173, July 10, 2015)
60.
Notwithstanding Section 12.3.3 a), on those lands zoned Settlement Residential
(S1) Zone, identified on Maps 35, 79, and 80 of Schedule "A" - Zoning Maps and
described as addresses:
The Minimum Lot Area shall be 0.9 hectares.
(By-law No. 15-173, July 10, 2015)
Part of 694 Old Highway 8
Part of 706 Old Highway 8
724 Old Highway 8
726 Old Highway 8
730 Old Highway 8
Part of 732 Old Highway 8
734 Old Highway 8
762 Old Highway 8
768 Old Highway 8 (check re P6)
1587 Brock Road
Part of 870 Concession 8 West
Part of 874 Concession 8 West
Part of 877 Concession 8 West
Part of 878 Concession 8 West
Map 80
Map 80
Map 80
Map 80
Map 80
Maps 79 and 80
Map 80
Maps 79 and 80
Maps 79 and 80
Map 35
Map 35
Map 35
Map 35
Map 35
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-28
61.
Notwithstanding Section 12.3.3 a), on those lands zoned Settlement Residential
(S1) Zone, identified on Map 65 of Schedule "A" - Zoning Maps and described as
1244 Old Highway 8
Part of 1250 Old Highway 8
Part of 1254 Old Highway 8
1266 Old Highway 8
1270 Old Highway 8
1272 Old Highway 8
Map 65
Map 65
Map 65
Map 65
Map 65
Map 65
The Minimum Lot Area shall be 1.4 hectares.
(By-law No. 15-173, July 10, 2015)
62.
In addition to Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 16 of Schedule "A" - Zoning Maps and described as part
of 390 Freelton Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
retirement home
b)
The maximum number of dwelling units within the retirement
home shall be 29.
(By-law No. 15-173, July 10, 2015)
63.
In addition to Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 120 of Schedule "A" - Zoning Maps and described as 89
Lynden Road, the Medical Clinic within the existing building shall also be permitted.
(By-law No. 15-173, July 10, 2015)
64.
In addition to Section 12.1.1 and notwithstanding Section 5.2 e), on those lands
zoned Agriculture (A1) Zone, identified on Maps 73 and 85 of Schedule "A" -
Zoning Maps and described as 250 Concession 4 Road West, the following
special provisions shall also apply:
a)
The following uses shall also be permitted:
agricultural promotion centre shall be permitted only accessory to
the principal use of the lands for agricultural purposes.
b)
For the purposes of Special Exception No. 64 the following definition
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-29
Agricultural Promotion
Centre
Shall mean a lot, building or
structure, or part thereof, used as
an
education,
resource
and
presentation centre (consisting of
classrooms, presentation facilities;
including broadcasting webinars,
activity and interpretation centre,
and
meeting
and
conference
rooms),
office,
restaurant and
hospitality
facility,
commercial
kitchen, cidery, accessory retail
uses for products grown/produced
primarily
on
site
(including
butcher), and related parking.
c)
The following regulations shall apply to the use identified in a) above:
i)
Maximum Gross Floor Area
1,600.0 square metres of
which, a Maximum Gross
Floor Area for a restaurant
shall be 500.0 square
metres and a Maximum
Gross
Floor
Area
for
accessory retail shall be
450.0 square metres;
ii)
Parking
Minimum
parking
requirement of 1 space
per 20.0 square metres of
Gross Floor Area to a
maximum of 95 spaces;
iii)
Maximum Gross Floor Area
for Retail
558.0 square metres.
iv)
No livestock building or structure, including associated
manure storage facility shall be located within 500
metres of the southerly most property line.
v)
No outdoor tents or marquees for events shall be
permitted.
vi)
A visual barrier shall be provided on the north and
west side of any parking area and the north side of the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-30
agritourism buildings, to be comprised of a continuous
planting of suitable trees or shrubs, with a minimum
3.0 metre wide planting area appropriate for healthy plant
growth, such trees to have a minimum height of 1.8
metres.
vii)
Permeable pavers and/or gravel shall be permitted for all
parking and loading spaces, except the main driveway.
viii) No part of the land on which a patio or courtyard is
situated shall be used as a place of entertainment for
the purpose of providing entertainment or amusement
including live or recorded music or dance facilities.
(By-law No. 15-173, July 10, 2015)
65.
In addition to Section 12.4.1, on those lands zoned Settlement Commercial (S2)
Zone, identified on Map 157 of Schedule "A" - Zoning Maps and described as part
of 2340 Wilson Street West, one accessory dwelling unit may be permitted with a
commercial use.
(By-law No. 15-173, July 10, 2015)
66.
In addition to Section 12.4.1, on those lands zoned Settlement Commercial (S2)
Zone, identified on Map 157 of Schedule "A" - Zoning Maps and described as 2318
Wilson Street West, a Motor Vehicle Dealership shall also be permitted.
(By-law No. 15-173, July 10, 2015)
(By-law 22-084, April 13, 2022)
67.
Notwithstanding Sections 12.3.3 a) and e), on those lands zoned Settlement
Residential (S1) Zone, identified on Map 142 of Schedule "A" - Zoning Maps and
described as 31, 47, 63, 79 and 95 Poplar Street, the following regulations shall
apply:
i)
Minimum Lot Area
0.75 hectares;
ii)
Minimum Rear Yard
30.0
metres
for
all
buildings,
structures,
pools, sheds or any other
accessory structure.
(By-law No. 15-173, July 10, 2015)
68.
In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 51 of Schedule "A" - Zoning Maps and described as part of 519 Parkside
Drive, a temporary sales office for home sales shall also be permitted.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-31
69.
Notwithstanding Section 12.2.3.1 c), on those lands zoned Rural (A2) Zone,
identified on Map 38 of Schedule "A" - Zoning Maps and described as part of 1142
Centre Road, a minimum side yard of 2.0 metres shall be permitted for an
agricultural building.
(By-law No. 15-173, July 10, 2015)
70.
In addition to Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Maps 49, 61 and 62 of Schedule "A" - Zoning Maps and
described as part of 715 Centre Road, a cemetery shall also be permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
71.
Notwithstanding Section 12.3.3 a) and b), on those lands zoned Settlement
Residential (S1) Zone, identified on Maps 94, 95, 106 and 107 of Schedule "A" -
Zoning Maps and described as addresses:
392 Moxley Road
Map 94
394 Moxley Road
Map 94
396 Moxley Road
404 Moxley Road
361 Brock Road
383 Old Brock Road
387 Old Brock Road
2 Short Road
622 Harvest Road
632 Harvest Road
5 Kirby Ave
293 Brock Road
Map 94
Map 94
Map 94
Map 94
Map 94
Map 95
Map 95
Map 95
Maps 94 and 106
Maps 94, 106 and 107
a)
The following regulations shall apply:
i)
Minimum Lot Area
0.6 hectares;
ii)
Minimum Lot Width
36.0 metres;
iii)
Maximum Lot Coverage
10%.
(By-law No. 15-173, July 10, 2015)
72.
Notwithstanding Section 12.3.3 a) and b), on those lands zoned Settlement
Residential (S1) Zone, identified on Maps 94 and 95 of Schedule "A" - Zoning
Maps and described as addresses:
397 Old Brock Road
399 Old Brock Road
Map 94
Map 94
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-32
430 Old Brock Road
Map 94
436 Old Brock Road
594 Harvest Road
Map 94
Map 95
a)
The following regulations shall apply:
i)
Minimum Lot Area
0.8 hectares;
ii)
Minimum Lot Width
35.0 metres.
(By-law No. 15-173, July 10, 2015)
73.
Notwithstanding Section 12.3.3 d), on those lands zoned Settlement Residential
(S1) Zone, identified on Map 106 of Schedule "A" - Zoning Maps and described
as 24 Mountain View Road, the following regulations shall apply:
i)
Minimum northerly side yard 1.5 metres;
ii)
Minimum southerly side yard 1.2 metres.
(By-law No. 15-173, July 10, 2015)
74. Notwithstanding Section 12.3.3 e), on those lands zoned Settlement Residential
(S1) Zone, identified on Map 106 of Schedule "A" - Zoning Maps and described
as 68, 70, 72 and 74 Oak Avenue, the minimum rear yard for all buildings and
septic systems shall be 30.0 metres.
(By-law No. 15-173, July 10, 2015)
75.
Notwithstanding Section 12.3.3 d) and e), on those lands zoned Settlement
Residential (S1) Zone, identified on Map 106 of Schedule "A" - Zoning Maps and
described as addresses:
73 Oak Avenue
75 Oak Avenue
76 Oak Avenue
Part of 172 Weir's Lane
Part of 176 Weir's Lane
Part of 178 Weir's Lane
184 Weir's Lane
186 Weir's Lane
190 Weir's Lane
194 Weir's Lane
198 Weir's Lane
224 Weir's Lane
228 Weir's Lane
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-33
The Minimum Rear Yard and Minimum Side Yard shall be 30.0 metres from
the Brow of the Niagara Escarpment.
(By-law No. 15-173, July 10, 2015)
76.
Notwithstanding Sections 12.3.3 d) and e), on those lands zoned Settlement
Residential (S1) Zone, identified on Map 106 of Schedule "A" - Zoning Maps and
described as:
37 Jameson Drive
38 Jameson Drive
43 Jameson Drive
49 Jameson Drive
55 Jameson Drive
15 Hauser Place
16 Hauser Place
21 Hauser Place
22 Hauser Place
57 Marshboro Avenue
58 Marshboro Avenue
64 Marshboro Avenue
70 Marshboro Avenue
75 Marshboro Avenue
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
Map 106
a)
The following regulations shall apply:
i)
Minimum Rear Yard
i)
15.0 metres for 57
and 75 Marshboro
Avenue;
ii)
10.0
metres
for
remaining
lots
identified as SE76.
ii)
Minimum Side Yard
i)
1.8 metres;
ii)
Notwithstanding
i)
above, the Minimum
Side Yard for 57 and
75
Marshboro
Avenue which abuts
69
Marshboro
Avenue shall be 15.0
metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-34
iii)
The installation of underground lawn watering and irrigation
systems and the filling of swimming pools from well water
supplies is prohibited.
(By-law No. 15-173, July 10, 2015)
77.
Notwithstanding Section 12.3.3 a) and b), on those lands zoned Settlement
Residential (S1) Zone, identified on Map 94 of Schedule "A" - Zoning Maps and
described as addresses:
403 Old Brock Road
105 Midsummer's Lane
Map 94
Map 94
a)
The following regulations shall apply:
i)
Minimum Lot Area
0.63 hectares;
ii)
Minimum Lot Width
35.0 metres.
(By-law No. 15-173, July 10, 2015)
78.
In addition to Section 12.4.1, on those lands zoned Settlement Commercial (S2)
Zone, identified on Map 106 of Schedule "A" - Zoning Maps and described as part
of 154 Highway 8, the following special provision shall also apply:
a)
The following uses shall also be permitted:
i)
Motor Vehicle Collision Repair Establishment;
ii)
Lawn Maintenance Establishment; and,
iii)
Wholesale Establishment.
(By-law No. 15-173, July 10, 2015)
79.
Notwithstanding Section 12.4.1, on those lands zoned Settlement Commercial
(S2) Zone, identified on Map 106 of Schedule "A" - Zoning Maps and described
as 151 Highway No. 8, the following special provisions shall apply:
a) The following uses shall be permitted:
i) Single Detached Dwelling existing on the date of the passing of
this By-law
ii) Construction, Haulage and Swimming Pool Contracting
Establishment existing on the date of the passing of this By-law.
b) Notwithstanding Sections 12.4.3 d), h) and i), the following regulations shall
apply to the Construction, Haulage and Swimming Pool Contracting
Establishment:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-35
i)
Minimum Rear Yard 6.64 m
ii)
No Planting strip is required.
iii) A Visual Barrier shall be maintained along the length of the
rear lot line and along the side lot lines for a distance of 30 m
from the rear lot line.
c) That for the purposes of this By-law, the lot line abutting Highway No. 8 shall
be deemed to be the front lot line.
d) That in addition to Section 4.21, the following regulations shall apply to a
Home Business:
i) Maximum Floor Area 50.2 sq m
e) Notwithstanding Section 4.8.1 f), the following minimum westerly side yard
setbacks shall apply:
i) Existing Frame Shed 3.0 m
ii) Existing Concrete Bin 4.0 m
(By-law No. 16-300, November 9, 2016)
80.
In addition to Sections 7.4.1 and 7.4.2, on those lands zoned General Open Space
(P4) Zone, identified on Map 85 of Schedule "A" - Zoning Maps, described as part
of 167 Highway No. 5 West, the following special provisions shall also apply:
a)
Accessory restaurant and retail uses are restricted to an existing
building; and,
b)
The maximum gross floor area for retail shall be 500.0 square
metres.
(By-law No. 15-173, July 10, 2015)
81. Notwithstanding Sections 12.2.3.7 a) and b), on those lands zoned Rural (A2) Zone,
identified on Maps 8 and 9 of Schedule "A" - Zoning Maps and described as 20, 25,
40, 45, 60, 65, 80, 85, 100, 105, 120, 125 and 140 Chesswood Trail and part of 137
Campbellville Road, the following regulations shall apply:
a)
Minimum Lot Area
1.22 hectares; and,
b)
Minimum Lot Width
33.5 metres.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-36
82.
Notwithstanding Section 12.2.3.7 b) and Section 7.6.2.2 b), on those lands zoned
Rural (A2) Zone and Conservation/Hazard Land - Rural (P6) Zone, identified on
Map 6 of Schedule "A" - Zoning Maps, described as 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 14, 15, 16, 17, 18 and 19 Timberrun Court, the following special provision shall
apply:
a)
Minimum Lot Width
5.0 metres.
(By-law No. 15-173, July 10, 2015)
83.
Notwithstanding Sections 4.5 and in addition to 12.2.1, on those lands zoned Rural
(A2) Zone, identified on Maps 35, 36, 46 and 47 of Schedule "A" - Zoning Maps,
and described as part of 771 Safari Road, a maximum of 5 single detached
dwellings shall be permitted on one lot.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
84.
Notwithstanding Sections 4.5 and in addition to 12.1.1, on those lands zoned
Agriculture (A1) Zone, identified on Maps 179 and 192 of Schedule "A" - Zoning
Maps, and described as part of 1511 Nebo Road, a maximum of 2 single detached
dwellings shall be permitted on one lot.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
85.
Notwithstanding Sections 4.5, and in addition to 12.2.1, 7.7.1 and 7.8.1, on those
lands zoned Rural (A2) Zone, Conservation/Hazard Land - Rural (P7) Zone and
Conservation/Hazard Land - Rural (P8) Zone, identified on Maps 46 and 47 of
Schedule "A" - Zoning Maps, and described as part of 784 Safari Road, a
maximum of 4 single detached dwellings shall be permitted on one lot.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
86.
Notwithstanding Sections 4.5 and in addition to 12.1.1, on those lands zoned
Agriculture (A1) Zone, identified on Maps 122 and 131 of Schedule "A" - Zoning
Maps, and described as part of 1341, 1375 and 1399 Powerline Road West, a
maximum of 3 single detached dwellings shall be permitted on one lot.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
87.
Notwithstanding Section 12.6.1, on those lands zoned Existing Rural Commercial
(E1) Zone, identified on Map 93 of Schedule "A" - Zoning Maps and described as
1028 Highway 5 West, the following special provisions shall apply:
a)
Only the following uses shall be permitted:
i)
Craftsperson shop;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-37
ii)
Dry Cleaning Distribution Establishment;
iii)
Dwelling Unit;
iv)
Office;
v)
Repair Service;
vi)
Retail;
vii)
Tradesperson shop; and,
viii)
Veterinary Service.
b)
A maximum of one dwelling unit is permitted. The dwelling unit shall
be restricted to the second storey of the Existing building.
(By-law No. 15-173, July 10, 2015)
88.
In addition to Sections 12.2.1, 7.4.1, 7.6.1, 7.7.1 and 7.8.1, on those lands zoned
Rural (A2) Zone, General Open Space (P4) Zone, Conservation/Hazard Land -
Rural (P6) Zone, Conservation/Hazard Land - Rural (P7) Zone and
Conservation/Hazard Land - Rural (P8) Zone, identified on Maps 42 and 54 of
Schedule "A" - Zoning Maps and described as 1386 - 1965 Cooper Road (African
Lion Safari), the following uses shall also be permitted:
i)
Park for the keeping and raising of any domesticated and/or wild
animals, reptiles or birds for educational, entertainment, recreational
or scientific purposes; and,
ii)
Existing accessory single detached dwellings for employees.
(By-law No. 15-173, July 10, 2015)
89.
In addition to Sections 12.2.1 and 12.2.3, on those lands zoned Rural (A2) Zone,
identified on Map 15 of Schedule "A" - Zoning Maps, described as part of 1085
and 1091 Concession 10 West, the following special provisions shall also apply:
a)
The following uses shall also be permitted
i)
A manufactured and mobile home park with a maximum of 100
units;
ii)
An existing private lodge; and,
iii)
One Existing Single Detached Dwelling.
b)
The following regulations shall apply to the manufactured and mobile
home park:
i)
Minimum Lot Area
3.0 hectares;
ii)
Maximum Lot Coverage for non-
residential buildings within the
5 percent of the total
lot area.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-38
manufactured and mobile home
park
iii)
Minimum Lot Width
200.0 metres;
iv)
Maximum Height
11.0 metres;
v)
Minimum Front Yard
15.0 metres;
vi)
Minimum Rear Yard
15.0 metres;
vii)
Minimum Interior Side Yard
15.0 metres;
viii)
Minimum Planting Strip
6.0 metres width
along each lot line
ix)
Minimum Flankage Yard
15.0 metres;
x)
Minimum
Landscaped
Open
Space
30 percent
c)
The following regulations shall apply to each individual manufactured
and mobile home site:
i)
Minimum Lot Area
370.0
square
metres;
ii)
Minimum Lot Width
12.0 metres;
iii)
Minimum Front Yard
3.0 metres
iv)
Minimum Rear Yard
3.0 metres
v)
Minimum Interior Side Yard
1.5 metres
vi)
Minimum Flankage Yard
3.0 metres
vii)
Maximum Lot Coverage
35 percent;
viii)
Minimum
Landscaped
Open
Space
10 percent;
ix)
Open Storage
Shall
not
be
permitted
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-39
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
90.
In addition to Sections 12.2.1 and 12.2.3, on those lands zoned Rural (A2) Zone,
identified on Map 10 of Schedule "A" - Zoning Maps, described as addresses:
404 Concession 12 East
Map 10
1 and 2 Ashgrove Court
Map 10
1 to 19 Valley Ridge Lane (inclusive)
Map 10
21 and 23 Valley Ridge Lane
Map 10
1 to 8 Woodspring Court (inclusive)
Map 10
10 Woodspring Court
Map 10
18 and 23 Needlepine Drive
Map 10
a)
The following uses shall also be permitted:
i)
A manufactured and mobile home park with a maximum of 76
units;
ii)
A maximum of five existing rental cabins; and,
iii)
One Existing Single Detached Dwelling.
b)
The following regulations shall apply to the manufactured and mobile
home park:
i)
Minimum Lot Area
3.0 hectares;
ii)
Maximum Lot Coverage for non-
residential buildings within the
manufactured and mobile home
park
5 percent of the total
lot area.
iii)
Minimum Lot Width
13.7 metres;
iv)
Maximum Height
11.0 metres;
v)
Minimum Front Yard
15.0 metres;
vi)
Minimum Rear Yard
15.0 metres;
vii)
Minimum Interior Side Yard
15.0 metres;
viii)
Minimum Planting Strip
6.0 metres width
along each lot line
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-40
ix)
Minimum Flankage Yard
15.0 metres;
x)
Minimum
Landscaped
Open
Space
8 percent
c)
The following regulation shall apply to each individual manufactured
and mobile home site:
i)
Minimum Lot Area
370.0
square
metres;
ii)
Minimum Lot Width
12.0 metres;
iii)
Minimum Front Yard
3.0 metres
iv)
Minimum Rear Yard
3.0 metres
v)
Minimum Interior Side Yard
1.5 metres
vi)
Minimum Flankage Yard
3.0 metres
vii)
Maximum Lot Coverage
35 percent;
viii)
Minimum
Landscaped
Open
Space
10 percent
ix)
Open Storage
Shall
not
be
permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
91.
In addition to Sections 12.2.1, 12.2.3, 7.6.1, 7.6.2, 7.7.1, 7.7.2, 7.8.1 and 7.8.2, on
those lands zoned Rural (A2) Zone, Conservation/Hazard Land - Rural (P6) Zone,
Conservation/Hazard Land - Rural (P7) Zone and Conservation/Hazard Land -
Rural (P8) Zone, identified on Maps 33, 34, 44 and 45 of Schedule "A" - Zoning
Maps, described as 1264 and 1294 Concession 8 West, the following special
provisions shall also apply:
a)
The following use shall also be permitted:
i)
A manufactured and mobile home park with a maximum of 475
units, subject to the following:
1. All units shall have a maximum of 1 bedroom.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-41
2. In addition to 1. above, a minimum of 25% of the total
dwelling units shall have a maximum gross floor area of
111.0 square metres.
b)
The following regulations shall apply to the manufactured and mobile
home park:
i)
Minimum Lot Area
3.0 hectares;
ii)
Maximum Lot Coverage for non-
residential buildings within the
Manufactured and Mobile Home
Park
5 percent of the total
lot area.
iii)
Minimum Lot Width
200.0 metres;
iv)
Maximum Height
11.0 metres;
v)
Minimum Front Yard
15.0 metres;
vi)
Minimum Rear Yard
15.0 metres;
vii)
Minimum Interior Side Yard
15.0 metres;
viii)
Minimum Planting Strip
30.0 metres width
along each lot line
ix)
Minimum Flankage Yard
15.0 metres;
x)
Minimum
Landscaped
Open
Space
30 percent
c)
The following regulations shall apply to each individual manufactured
and mobile home site:
i)
Minimum Lot Area
370.0
square
metres;
ii)
Minimum Lot Width
12.0 metres;
iii)
Minimum Front Yard
3.0 metres;
iv)
Minimum Rear Yard
3.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-42
v)
Minimum Interior Side Yard
1.5 metres;
vi)
Minimum Flankage Yard
3.0 metres;
vii)
Maximum Lot Coverage
35 percent;
viii)
Minimum
Landscaped
Open
Space
10 percent
ix)
Open Storage
Shall
not
be
permitted
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
92.
In addition to Sections 12.1.1, 12.1.3, 7.6.1 and 7.6.2, on those lands zoned
Agriculture (A1) Zone and Conservation/Hazard Land - Rural (P6) Zone, identified
on Maps 53 and 65 of Schedule "A" - Zoning Maps, described as part of 1429
Sheffield Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
A mobile home park with a maximum of 186 units;
ii)
seasonal campground;
iii)
Community Hall; and,
iv)
Existing Single Detached Dwellings.
b)
The following regulations shall apply to the mobile home park and
sites:
i)
A maximum area of 12.14 hectares shall be permitted for the
mobile home park;
ii)
A minimum area of 300.0 square metres shall be permitted for
each mobile home site;
iii)
A minimum frontage of 10.0 metres shall be permitted for each
mobile home site;
iv)
Measured from the building face, every dwelling and mobile
home shall be separated from any other dwelling or mobile
home by a minimum of:
1.
Side to side: 3.0 metres;
2.
End to side: 2.4 metres; and,
3.
End to end: 1.8 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-43
v)
All sites shall have frontage on a road with 6.0 metres of clear
width.
c)
The following regulations shall apply to the seasonal
campground:
i)
The maximum area shall be 0.4 hectares;
ii)
A maximum of 12 sites shall be permitted for recreational
vehicles or tents.
d)
The following regulations shall apply to an individual seasonal
camping site:
i)
The minimum area shall be 200.0 square metres;
ii)
The minimum frontage shall be 7.5 metres;
iii)
The maximum coverage shall be 35 percent;
iv)
The minimum front yard setback shall be 3.0 metres;
v)
Measured from the building face, every recreational vehicle
shall be separated from any other recreational vehicle or
mobile home by a minimum of:
1.
Side to side: 3.0 metres;
2.
End to side: 2.4 metres; and,
3.
End to end: 1.8 metres.
vi)
All sites shall have a frontage on a road with 6.0 metres of
clear width.
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
93.
In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 166 of Schedule "A" - Zoning Maps and described as 54 and 62 Upper
Centennial Parkway, a Salvage Yard shall also be permitted and in accordance
with the provisions of Section 12.7.3.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
94.
In addition to Sections 12.1.1 and 12.1.3, on those lands zoned Agriculture (A1)
Zone, identified on Map 82 of Schedule "A" - Zoning Maps, described as part of
1161 Concession 4 West, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
A mobile home park with a maximum of 15 units;
ii)
Seasonal Campground; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-44
iii)
One existing Single Detached Dwelling.
b)
The following regulations shall apply to the mobile home park:
i)
Minimum Lot Area
3.0 hectares;
ii)
Maximum Lot Coverage for non-
residential buildings within the
mobile home park
5 percent of the total
lot area.
iii)
Maximum Height
11.0 metres;
iv)
Minimum Front Yard
15.0 metres;
v)
Minimum Rear Yard
15.0 metres;
vi)
Minimum Interior Side Yard
15.0 metres;
vii)
Minimum Planting Strip
30.0 metres width
along each lot line
viii)
Minimum Flankage Yard
15.0 metres;
ix)
Minimum
Landscaped
Open
Space
30 percent
c)
The following regulations shall apply to each individual mobile home
site:
i)
Minimum Lot Area
370.0
square
metres;
ii)
Minimum Lot Width
12.0 metres;
iii)
Minimum Front Yard
3.0 metres;
iv)
Minimum Rear Yard
3.0 metres;
v)
Minimum Interior Side Yard
1.5 metres;
vi)
Minimum Flankage Yard
3.0 metres;
vii)
Maximum Lot Coverage
35 percent;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-45
viii)
Minimum
Landscaped
Open
Space
10 percent
ix)
Open Storage
Shall
not
be
permitted
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
95. In addition to Sections 7.7.1 and 7.7.2, on those lands zoned Conservation/Hazard
Land - Rural (P7) Zone identified on Map 16 of Schedule "A" - Zoning Maps,
described as part of 9 and 33 Concession 12 East, the following special provisions
shall also apply:
a)
The following use shall also be permitted:
i)
A manufactured and mobile home park with a maximum of 7
units.
b)
The following regulations shall apply to the Manufactured and Mobile
Home Park:
i)
Minimum Lot Area
3.0 hectares;
ii)
Maximum Lot Coverage for non-
residential buildings within the
Manufactured and Mobile Home
Park
5 percent of the total
lot area.
iii)
Minimum Lot Width
13.7 metres;
iv)
Maximum Height
11.0 metres;
v)
Minimum Front Yard
15.0 metres;
vi)
Minimum Rear Yard
15.0 metres;
vii)
Minimum Interior Side Yard
15.0 metres;
viii)
Minimum Planting Strip
6.0 metres width
along each lot line
ix)
Minimum Flankage Yard
15.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-46
x)
Minimum
Landscaped
Open
Space
8 percent
c)
The following regulation shall apply to each individual Manufactured
and Mobile Home site:
i)
Minimum Lot Area
370.0
square
metres;
ii)
Minimum Lot Width
12.0 metres;
iii)
Minimum Front Yard
3.0 metres
iv)
Minimum Rear Yard
3.0 metres
v)
Minimum Interior Side Yard
1.5 metres
vi)
Minimum Flankage Yard
3.0 metres
vii)
Maximum Lot Coverage
35 percent;
viii)
Minimum
Landscaped
Open
Space
10 percent
ix)
Open Storage
Shall
not
be
permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
96.
In addition to Sections 12.1.1, 12.1.3 and Section 5.6 c), on those lands zoned
Agriculture (A1) Zone, identified on Map 71 of Schedule "A"- Zoning Maps and
described as part of 682 Concession 5 West, the following special provisions shall
also apply:
a)
The following use shall also be permitted:
a topsoil preparation and supply business shall also be permitted in
addition to the existing stone structure (the former dwelling) and silo.
b)
For the purposes of Special Exception 96 the following
definition shall apply:
topsoil preparation and
supply business
Shall mean a business in which soil,
manure, and mulches are screened,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-47
mixed
and/or
stored
on
site
for
distribution off premises.
c)
The following special provisions shall apply to the use identified in a)
above:
a)
Maximum floor area for a
maintenance building
700 square metres
b)
Minimum front yard (excluding
a single detached dwelling)
145 metres
c)
Minimum setback from the
westerly lot line, northerly lot
line
and
any
Conservation/Hazard Land -
Rural (P8) Zone
30 metres
d)
Parking
A)
In
accordance
with
Section 5 of this By-law.
B)
Notwithstanding
A)
above, a minimum of 10
spaces
shall
be
required.
e)
A landscaped berm having a height of one (1) metre shall be
provided along the entire 30 metre setback from the P8 Zone
(By-law No. 15-173, July 10, 2015)
97.
In addition to Section 12.7.1 and notwithstanding Section 12.7.3 on those lands
zoned Existing Rural Industrial (E2) Zone, identified on Map 83 of Schedule "A" -
Zoning Maps, described as the Northwest corner of Concession 4 West and Brock
Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
Aggregate Storing;
ii)
Crushing and Screening of Aggregate;
iii)
Concrete Mix Manufacturing;
iv)
Concrete Product Manufacturing;
v)
Recycling of Concrete;
vi)
Repair and refurbishment of Construction and/or Aggregate
machinery and equipment; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-48
vii)
Accessory Uses, which may include but no be limited to
business, professional or administrative offices, outdoor
storage, retailing or wholesaling of goods produced on the
premises.
b)
The following regulations shall apply to the uses identified in a)
above:
i)
Maximum
Building
Height
15 metres
ii)
Maximum Lot
Coverage
50 percent
iii)
Minimum Front Yard
7.5 metres
iv)
Minimum Rear Yard
A) 7.5 metres
B) Notwithstanding
A)
above, the minimum
required rear yard shall
be 10 metres abutting
a Residential Zone or
use
v)
Minimum Side Yard
A) 3.0 metres
B) Notwithstanding
A)
above, the minimum
required side yard shall
be 10 metres abutting
a Residential Zone or
use
vi)
Minimum
Flankage
Yard
10 metres
vii)
Minimum
yard
for
accessory buildings
15 metres
viii)
Minimum
Planting
Strip
A 7.5 metre planting strip is
required along the entire front
lot line, flankage lot line and
adjacent to any lot line which
abuts a residential use. The
required planting strip shall be
bermed
throughout
to
a
minimum height of one (1)
metre, and shall contain trees
and shrubs with a minimum
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-49
height of one (1) metre on
planting.
ix)
Parking
A)
In
accordance
with
Section 5 of this By-law.
B)
Notwithstanding
A)
above, 1 space for each
50 square metres of
gross floor area.
x)
Outdoor Storage
Shall not be permitted in any
required Front or Flankage
Yard
(By-law No. 15-173, July 10, 2015)
98.
Notwithstanding Sections 12.1.1, 12.1.3.2 g), 7.6 and 7.7, on those lands zoned
Agriculture (A1) Zone and Conservation/Hazard Land - Rural (P6) Zone and
Conservation/Hazard Land - Rural (P7) Zone, identified on Maps 17, 23, 73, 78,
119, 130, 144, 186 and 189 of Schedule "A" - Zoning Maps and described as
addresses:
1733 Centre Road
Map 17
1469 Sawmill Road
Map 186
Part of 135 Weir Road
Map 119
Part of 636 Millgrove Side Road
Map 73
Part of 2621 Powerline Road West
Map 130
Part of 416 Highway 52 South
Map 144
1854 Trinity Road South
Map 186
1332 Regional Road 97
Map 23
Part of 1031 Lynden Road
Map 78
226 Carluke Road East
Map 189
The following special provisions shall also apply:
a)
The following use shall also be permitted:
Kennel
b)
The use identified in a) above shall be subject to the regulations
contained within Section 12.2.3.6 b) through f).
c)
For the property located at 1469 Sawmill Road, the following
regulations shall also apply to a Kennel:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-50
i)
A maximum of 12 animal runs are permitted.
ii)
Notwithstanding Section 12.2.3.6 b) ii), minimum setback for
animal runs shall be 24.0 metres from all lot lines.
iii)
A visual barrier shall be provided and maintained at the
entrance to the kennel and between any location where the
kennel faces an abutting property.
d)
For the property located at 416 Trinity Road South, the following
regulations shall also apply to a Kennel:
i)
A kennel is only permitted within an existing accessory
building
ii)
Dog runs must be enclosed and shall not exceed 4.5 metres
in length
iii)
A 1.5 metre wide planting strip shall be provided along any lot
line abutting the residential use located at 424 Trinity Road
South
iv)
Notwithstanding Section 12.2.3.6 b) ii), outdoor animal play
areas shall be located a minimum of 30 metres from any lot
line abutting a residential use
v)
A solid fence 1.8 metres in height is required around the
perimeter of all dog runs
vi)
Max 75 dogs and 25 cats.
e)
Notwithstanding Sections 12.2.3.6 b) i) and c), for the property
located at 226 Carluke Road East, the following regulations shall also
apply to a Kennel:
i)
Minimum Setbacks
Any buildings or structures
associated with a Kennel shall
be setback a minimum of 10.0
metres from any lot line.
ii)
Maximum Gross Floor Area
1,600.0 square metres
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-51
99.
In addition to Sections 12.1.1 and 12.2.1, on those lands zoned Agriculture (A1)
Zone and Rural (A2) Zone, identified on Maps 9, 32, 36, 38, 49, 57, 61, 84, 105,
138, 139, 141, 145, 152, 162, 166, 167, 168 and 177 of Schedule "A" - Zoning
Maps, described as addresses:
241 and 245 Campbellville Road
Map 9
1149 Westover Road
Map 57
1774 Valens Road
Map 32
1552 Highway 6
Map 36
420 and 424 Highway 5 West
Map 84
265 Middletown Line and
1117 2nd Concession Road West
Map 105
Part of 329 6th Concession Road East
Maps 38 and 49
575 Shaver Road
Map 145
3203 Jerseyville Road West
Map 141
2869 Upper James Street
Map 177
218 Glover Road
Map 138
Part of 907 Highway 8
Map 138
1455 Highway 8
Map 139
Part of 10 Bridgman Lane
Map 139
218 Mud Street East
Map 167
653 Mud Street East
Map 168
Part of 41 5th Concession Road East
Map 61
63 Regional Road 20
Map 166
583 Tapleytown Road
Map 152
2149 Upper James Street
Map 162
a) A Place of Worship shall also be permitted and shall be in accordance
with Section 12.1.3.1 b) through g).
b) Notwithstanding Section 12.1.3.1b), for the Place of Worship located at
2149 Upper James Street, a minimum northerly side yard of 2.0 m shall
be provided.
c) Parking shall be provided in accordance with Section 5.6c)ii).
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
100. In addition to Sections 12.1.1 and 12.2.1, on those lands zoned Agriculture (A1)
Zone and Rural (A2) Zone, identified on Maps 17, 65, 81, 84, 166, 193, 201, 202,
203 and 205 of Schedule "A" - Zoning Maps, described as addresses:
1346 4th Concession Road West
Map 81
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-52
280 10th Concession Road East
Map 17
Part of 1624 Centre Road
Map 17
1279 Seaton Road
Map 65
Part of 542 Ofield Road North
Map 84
6025 White Church Road
Map 203
2121 Regional Road 56
Maps 193 and 205
55 Regional Road 20
Map 166
3975 Highway 6
Maps 201 and 202
a) An Educational Establishment shall also be permitted and shall be in
accordance with Section 12.1.3.1 b) through g).
b) Parking shall be provided in accordance with Section 5.6c)ii)
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
101. Notwithstanding Sections 4.21 a) ix) and b) vi), on those lands zoned Agriculture
(A1) Zone and Rural (A2) Zone, identified on Maps 23, 33, 58, 65, 73, 157 and 191
of Schedule "A" - Zoning Maps, described as addresses:
2290 Safari Road
Map 65
2174 Nebo Road
Map 191
689 Highway 6
Map 73
1474 Regional Road 97
Maps 23 and 33
912 6th Concession Road West
Map 58
2436 Wilson Street West
Map 157
The existing Craftsperson Shop with accessory retail is permitted within
existing buildings.
(By-law No. 15-173, July 10, 2015)
102. In addition to Sections 12.1.1 and 12.2.1, on those lands zoned Agriculture (A1)
Zone and Rural (A2) Zone, identified on Maps 48, 58, 59, 90, 173 and 182 of
Schedule "A" - Zoning Maps, described as addresses:
360 Regional Road 20
Map 182
Part of 952 Brock Road
Map 59
Part of 988 Brock Road
Map 59
829 6th Concession Road West
Maps 58 and 59
Part of 1002 6th Concession Road West Map 58
Part of 1235 & 1287 Trinity Road South Map 173
696 Woodhill Road
Map 90
Part of 494 6th Concession Road West
Map 48
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-53
The following special provisions shall also apply:
a)
the existing Tradesperson's Shop shall also be permitted within
existing buildings.
b)
In addition to a) above, for the property located at 360 Regional Road
20, the following regulations apply:
i)
Minimum parking setback - 1.5 metres from a rear lot line and
7.5 metres from any lot line which abuts a street or a lot used
primarily for residential purposes;
ii)
A planting strip with a minimum width of 1.5 metres shall be
provided adjacent to any lot line which abuts a lot used
primarily for residential purposes.
c)
Notwithstanding a) above, for the property located at 1235 and 1287
Trinity Road South, the following regulations apply:
i)
The maximum gross floor area of the existing building to be
used in conjunction with the Tradesperson Shop shall not
exceed 350 square metres.
ii)
Open storage shall be permitted to a maximum area of 465
square metres.
iii)
The total lot area to be used in connection with the
Tradesperson Shop shall not exceed 2, 815 square metres.
iv)
All outdoor storage and parking associated with the
Tradesperson Shop shall be setback a minimum of 128 metres
from Trinity Road.
d)
In addition to a) above, for the properties located at 952 Brock Road,
829 6th Concession Road West and 1002 6th Concession Road West,
open storage shall be prohibited.
e)
In addition to a) above, for the property located at 494 6th Concession
Road West, outdoor storage shall be limited to a 37 square metre
area to the east of the accessory building and shall be screened by a
1.8 m high wood privacy fence.
(By-law No. 15-173, July 10, 2015)
103. In addition to Sections 12.1.1, 12.2.1 and 12.6.1 and notwithstanding Section
12.6.3, on those lands zoned Agriculture (A1) Zone, Rural (A2) Zone and Existing
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-54
Rural Commercial (E1) Zone, identified on Maps 18, 36, 47, 49, 50, 61, 71 and 73
of Schedule "A" - Zoning Maps, described as addresses:
6 8th Concession Road East
Maps 36 and 47
831 Centre Road
Map 49
850 Centre Road
Map 49
437 Parkside Drive
Map 50
Part of 557 Carlisle Road
Map 18
Part of 22 5th Concession Road East
Map 61
717 Brock Road
Map 71
Part of 624 Millgrove Side Road
Map 73
35 Parkside Drive
Map 73
643 Robson Road
Map 50
The following special provisions shall also apply:
a)
For the properties at 6 8th Concession Road East and 643 Robson
Road, the existing landscape contracting establishment shall also be
permitted.
b)
For the property located at 831 Centre Road, a landscape operation
shall also be permitted and shall be subject to the following
regulations:
i) A maximum gross floor area of 310.8 square metres shall be
permitted for the landscaping shop;
ii) A maximum gross floor area of 378.9 square metres shall be
permitted for the office associated with the landscaping
operation; and,
iii) In accordance with Section 12.2.3.1 b), c), d), e) and f).
c)
For the property located at 850 Centre Road, a landscaping
operation shall also be permitted and shall be subject to the following
regulations:
i) A maximum gross floor area of 260.0 square metres shall be
permitted for the landscaping operation; and,
ii) In accordance with Section 12.2.3.1 b), c), d), e) and f).
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-55
d)
For the property located at 437 Parkside Drive, a landscaping
operation shall also be permitted and shall be subject to the following
regulations:
i) A maximum gross floor area of 50.7 square metres shall be
permitted for the landscaping shop; and,
ii) In accordance with Section 12.2.3.1 b), c), d), e) and f).
e)
For the property located at Part of 557 Carlisle Road, a landscape
contractor shall also be permitted and shall be subject to the
following regulations:
i) A maximum gross floor area of 196.0 square metres shall be
permitted for the landscape shop; and,
ii) In accordance with Section 12.2.3.1 b), c), d), e) and f).
f)
For the property located at Part of 22 5th Concession Road East, a
landscaping business shall also be permitted and shall be subject to
the following regulations:
i) A maximum gross floor area of 350.0 square metres shall be
permitted for the landscape business; and,
ii) In accordance with Section 12.2.3.1 b), c), d), e) and f).
g)
For the property located at 717 Brock Road, a landscaping operation
shall also be permitted and shall be subject to the following
regulations:
i) A maximum gross floor area of 235.0 square metres shall be
permitted for the landscape business;
ii) All landscaping equipment shall be stored within the landscape
shop;
iii) The open storage of materials shall be limited to an area that is
31.7 metres wide by 15.24 metres deep behind the landscaping
shop on the west side of the property;
iv) A 2.0 metre high solid privacy fence shall be erected along the
south lot line; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-56
v) In accordance with Section 12.2.3.1 b), c), d), e) and f).
h)
For the property located at Part of 624 Millgrove Side Road, a lawn
maintenance and snow plowing business shall also be permitted and
shall be subject to the following regulations:
i) A maximum gross floor area of 53.5 square metres shall be
permitted for the lawn maintenance and snow plowing operation;
and,
ii) In accordance with Section 12.1.3.1 b), c), d), e) and f).
i)
For the property located at 35 Parkside Drive, a lawn care and tree
feeding business shall also be permitted and shall be subject to the
following regulations:
i) A maximum gross floor area of 37.16 square metres shall be
permitted for the lawn care and tree feeding business; and,
ii) In accordance with Section 12.2.3.1 b), c), d), e) and f).
(By-law No. 15-173, July 10, 2015, As amended by OMB Decision PL151130 dated March 13, 2017)
104. In addition to Sections 12.1.1, 12.2.1 and 12.6.1, on those lands zoned Agriculture
(A1) Zone, Rural (A2) Zone and Existing Rural Commercial (E1) Zone, identified
on Maps 49, 61, 73, 84, 85, 166, 182 and 190 of Schedule "A" - Zoning Maps,
described as addresses:
Part of 340 Regional Road 20
Map 182
Part of 334 Highway 5 West
Map 84
3750 Highway 6
Map 190
8 5th Concession Road East
Maps 61 and 73
855 Centre Road
Map 49
Part of 163 Highway 5 West
Map 85
Part of 2 Highland Road East
Map 166
a)
The following use shall also be permitted:
Garden Centre
b)
The following regulations shall also apply to the use identified in a)
above:
i)
The Garden Centre located at 340 Regional Road 20 shall be
in accordance with Section 12.1.3.1 b), c), d) e) and g);
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-57
ii)
The Garden Centre located at 163 Highway No. 5 West, the
following regulations shall apply:
1. In accordance with Section 12.2.3.1 b), and d).
2. Notwithstanding Section 12.2.3.1 c), the minimum side
yard setback shall be 11 metres.
3. Notwithstanding Section 12.2.3.1 f), outdoor storage
existing on the date of the passing of this by-law shall be
permitted.
4. Notwithstanding Section 12.2.3.1 g), accessory buildings
shall be permitted 0.4 metres from the required side yard.
(By-law No. 18-259, September 12, 2018)
(By-law No. 21-189, October 13, 2021)
iii)
The Garden Centre located at 8 5th Concession Road East
and 855 Centre Road, the following regulations shall apply:
1. Maximum gross floor area shall be 30 percent of the total
floor area of the greenhouses on the same lot;
2. Open storage shall only be used for a retail sales and
display area; and,
3. In accordance with Section 12.2.3.1 b), c), d) and g).
(By-law No. 15-173, July 10, 2015)
105. In addition to Sections 12.1.1, 12.2.1, 12.6.1 and 12.7.1, on those lands zoned
Agriculture (A1) Zone, Rural (A2) Zone, Existing Rural Commercial (E1) Zone,
Existing Rural Industrial (E2) Zone, Conservation/Hazard Land - Rural (P6) Zone
and Conservation/Hazard Land - Rural (P8) Zone, identified on Maps 15, 32, 36,
37, 48, 49, 60, 72, 84, 91, 95, 132, 139, 156, 157, 181, 182 and 209 of Schedule
"A" - Zoning Maps, described as addresses:
1618 Regional Road 97
Map 32
242 8th Concession Road East
Map 37
1050 Regional Road 56
Map 181
628 Ofield Road North
Maps 72 and 84
1361 Edgewood Road
Map 36
510 4th Concession Road West
Map 72
113 6th Concession Road East
Map 49
4663 Highway 6
Map 209
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-58
460 Regional Road 20
Map 182
Part of 1413 Highway 8
Map 139
1597 4th Concession Road West
Map 91
3058 Wilson Street West
Map 156
Part of 1062 Gore Road
Map 15
Part of 278 Highway 52 North
Map 132
590 Highway 5 West
Maps 84 and 95
1092 Highway 6
Map 48
1489 Highway 6
Map 36
Part of 1451 Highway No. 8
Map 139
2623 Wilson Street West
Map 157
5 6th Concession Road East
Map 60
1129 Highway 5 W
Map 93
a)
The following use shall also be permitted:
Motor Vehicle Service Station
b)
The following special provisions shall also apply to the Motor Vehicle
Service Stations located at 1618 Regional Road 97, 242 8th
Concession Road East, 1050 Regional Road 56, 628 Ofield Road
North, 1361 Edgewood Road, 113 6th Concession Road East, 1062
Gore Road and 278 Highway 52 North:
i)
The sale of fuel is prohibited;
c)
The regulations pertaining the use identified in a) above shall be in
accordance with Section 12.6.3 b) through k).
d)
Notwithstanding Section 12.6.3 i), the following special provision
shall also apply to the Motor Vehicle Service Stations located at 242
8th Concession Road East and 628 Ofield Road North;
i)
Open storage is prohibited;
e)
In addition to a) above and notwithstanding the definition of Motor
Vehicle Service Station and Section 12.6.3 i), for the property located
at 1050 Regional Road 56, the following special provisions shall also
apply:
i)
The following use shall also be permitted:
the sale of four (4) motor vehicles accessory to the Motor
Vehicle Service Station
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-59
ii)
The following regulations shall also apply:
A)
Servicing of commercial tractors is also permitted;
B)
Maximum area of open storage - 425 square metres;
C)
Open storage areas shall be fenced with a solid wood
fence with a maximum height of 1.8 metres;
D)
Access is restricted to one driveway;
f)
Notwithstanding the definition of Motor Vehicle Service Station, for
the property located at 510 4th Concession Road West, the servicing
of Commercial Motor Vehicles is also permitted.
(By-law No. 15-173, July 10, 2015)
106. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 84 of Schedule "A" - Zoning Maps and described as part
of 495 Ofield Road North, the following special provisions shall also apply:
a)
The following use shall also be permitted:
Garden Centre, where the processing, rental and sales of
landscape and garden supplies shall be allowed.
b)
For the purposes of Special Exception 106, the sale of the following
goods shall be permitted, but not limited to: aggregates, soil, mulch,
compost; fertilizer, organic pest and weed control products; plant
materials; bricks, natural and precast wall stone; tools, hardware and
wheelbarrows; irrigation, piping supplies; mason ring/concrete
supplies; pool and pond supplies; garden sheds, lumber and cedar
shakes; lighting and electrical supplies and night lighting for the
purposes of landscaping; ceramic, clay and natural pots; accessory
open storage; bird baths and feeders.
(By-law No. 15-173, July 10, 2015)
107. In addition to Section 12.7.1 and 12.7.3, on those lands zoned Existing Rural
Industrial (E2) Zone, identified on Maps 15 and 82 of Schedule "A" - Zoning Maps,
described as addresses:
622 - 624 Middletown Line
Map 82
2089 Highway 6
Map 15
The following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-60
a)
The following use shall also be permitted:
i)
Salvage Yard;
ii)
Warehouse;
iii)
For the property located at 2089 Highway 6, a Motor Vehicle
Service Station and Transport Terminal shall also be
permitted.
b)
The following regulation shall also apply:
i)
For the property located at 622 - 624 Middletown Line, a
continuous solid fence with a height of 2 metres must
completely enclose the Salvage Yard.
(By-law No. 15-173, July 10, 2015)
108. Notwithstanding Section 7.4.2, on those lands zoned Open Space (P4) Zone,
identified on Maps 81 and 92 of Schedule "A" - Zoning Maps, described as part of
592 Westover Road, the following regulations shall apply to the dwelling accessory
to the Golf Course:
i)
Minimum Front Yard
375.0 metres
ii)
Minimum Exterior Side Yard 200.0 metres
iii)
Minimum Rear Yard
465.0 metres
iv)
Maximum
Distance
from
Clubhouse
130.0 metres
v)
Maximum Gross Floor Area
120.0 metres
(By-law No. 15-173, July 10, 2015)
109. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 36, 84, 85 and 150 of Schedule "A" - Zoning Maps,
described as addresses:
Part of 1480 Highway 6
Map 36
567 Highway 5 West
Map 84
Part of 244 Upper Centennial Parkway
Map 150
(By-law No. 15-237, October 14, 2015)
The following special provisions shall also apply:
a)
The following use shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-61
Restaurant
b)
For the Restaurant located at 567 Highway 5 West, the
following regulations shall apply:
i)
Notwithstanding Section 12.6.3 c), the minimum easterly side
yard shall be 1.7 m.
ii)
In addition to Section 12.6.1, one dwelling unit shall be permitted
on the second floor.
(By-law No. 15-173, July 10, 2015)
110. Notwithstanding Sections12.2.3.7 d) and e), on those lands zone Rural (A2) Zone,
identified on Map 73 of Schedule "A" - Zoning Maps, described as addresses:
547 Highway 6
Map 73
557 Highway 6
Map 73
559 Highway 6
Map 73
561 Highway 6
Map 73
569 Highway 6
Map 73
2 Woodsworth Avenue
Map 73
5 Woodsworth Avenue
Map 73
11 Woodsworth Avenue
Map 73
14 Woodsworth Avenue
Map 73
16 Woodsworth Avenue
Map 73
17 Woodsworth Avenue
Map 73
20 Woodsworth Avenue
Map 73
1 Garwood Avenue
Map 73
2 Garwood Avenue
Map 73
11 Garwood Avenue
Map 73
14 Garwood Avenue
Map 73
16 Garwood Avenue
Map 73
17 Garwood Avenue
Map 73
18 Garwood Avenue
Map 73
20 Garwood Avenue
Map 73
The following special provisions shall apply:
a)
The following regulations shall apply to a Single Detached Dwelling:
i)
Minimum Front Yard
7.5 metres
ii)
Minimum Interior Side Yard
1.8 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-62
iii)
Minimum Flankage Yard
3.0 metres
(By-law No. 15-173, July 10, 2015)
111. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 61 and 84 of Schedule "A" - Zoning Maps, described as
addresses:
Part of 367 Highway 5 West
Map 84
845 Highway 6
Map 61
The following special provisions shall also apply:
a)
The following use shall also be permitted:
flea market
b)
In addition to a) above, for the property located at part of 367
Highway 5 West, a Warehouse shall also be permitted.
(By-law No. 15-173, July 10, 2015)
112. In addition to Sections 12.1.1, 12.2.1 and 12.7.1, on those lands zoned Agriculture
(A1) Zone, Rural (A2) Zone and Existing Rural Industrial (E2) Zone, identified on
Maps 79, 177, 181, 182 and 190 of Schedule "A" - Zoning Maps, described as
addresses:
8399 Airport Road East
Maps 177 and 190
185 Hendershot Road
Maps 181 and 182
1842 5th Concession Road West
Map 79
a)
The following use shall also be permitted:
Warehouse
b)
The following regulations shall also apply to the use identified in a)
above:
c)
For the warehouse operation located at 8399 Airport Road:
A) The warehouse areas must be fully enclosed and the
buildings related to the warehouse operation shall not
exceed a maximum gross floor area of 1,984 square
metres and shall be set back a minimum of 6.0 metres
from all lot lines;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-63
B) One dwelling unit shall be permitted within a building also
containing the office and an enclosed storage area related
to the warehouse operation;
C) The retail sale of packing materials and supplies may be
permitted as an accessory use to the warehouse;
D) A minimum of 18 parking spaces shall be provided;
E) Notwithstanding Section 5.2 e), required parking areas
may also be constructed with gravel surface which is
permanently maintained and provided with adequate
drainage; and,
F) A 3.0 wide landscaped area shall be provided along the
westerly side lot line together with a chain link fence.
d)
For the warehouse operation located at 185 Hendershot Road, the
warehouse areas must be fully enclosed.
e)
For the warehouse operation located at 1842 5th Concession Road
West, in accordance with Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
113. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 218 of Schedule "A" - Zoning Maps, described as 4255 Hall Road, the
following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
Veterinary Service within the existing buildings; and,
ii)
Kennel.
b)
The following regulations shall also apply to the uses identified in a)
above:
i)
The veterinary service shall have a maximum of three
practitioners;
ii)
The veterinary service must be fully enclosed;
iii)
The following regulations apply to the existing Kennel:
A)
Maximum floor area - 376.0 square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-64
B)
The kennel must be used for the training of dogs only.
The keeping and boarding of dogs and/or domestic
pets; dog sport competition events and dog shows are
prohibited.
C)
No animals shall be kept in any open area and no
buildings or structures associated with a kennel may be
located within 90 metres of any residential use on any
adjacent lot.
(By-law No. 15-173, July 10, 2015)
114. In addition to Sections 7.4.1 and 7.6.1, on those lands zoned Open Space (P4)
Zone and Conservation/Hazard Land - Rural (P6) Zone, identified on Maps 38,
167, 172, 182 and 183 of Schedule "A" - Zoning Maps, described as addresses:
Part of 1317 Alberton Road
Map 172
Part of 373 7th Concession Road East
Map 38
559, 575 and 599 Regional Road 20
Maps 167, 182, and 183
The existing rifle range and a trapshooting range shall also be permitted
and shall be in accordance with Section 7.4.2.
(By-law No. 15-173, July 10, 2015)
115. In addition to Sections 7.2.1, 7.4.1, 7.6.1, 7.7.1, 7.8.1 and 12.2.1 on those lands
zoned City Wide Park (P2) Zone, Open Space (P4) Zone, Conservation/Hazard
Land - Rural (P6) Zone, Conservation/Hazard Land - Rural (P7) Zone,
Conservation/Hazard Land - Rural (P8) Zone and Rural (A2) Zone, identified on
Maps 10, 17, 34, 45, 111, 120 and 151 of Schedule "A" - Zoning Maps, described
as addresses:
395 10th Concession Road East
Maps 10 and 17
1218 8th Concession Road West
Maps 34 and 45
206 Lynden Road
Maps 111 and 120
226 Lynden Road
Map 111
166 Green Mountain Road
Map 151
A private club or lodge shall also be permitted and shall be in accordance
with Section 7.4.2.
(By-law No. 15-173, July 10, 2015)
116. Notwithstanding Section 4.3 a), on those lands zoned Agriculture (A1) Zone,
Conservation/Hazard Land - Rural (P6) Zone, Conservation/Hazard Land - Rural
(P7) Zone and Conservation/Hazard Land - Rural (P8) Zone, identified on Maps
77, 78, 131, 142, 143 and 156 of Schedule "A" - Zoning Maps, described as
addresses:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-65
292 Sunny Ridge Road
Map 156
994 Settlers Road
Maps 77 and 78
2854 Jerseyville Road West
Map 142
The following special provisions shall also apply:
a)
The properties shall be deemed to be lots.
b)
The following regulations shall also apply:
i)
For the property located at 2854 Jerseyville Road West, the
eastern lot line is deemed to be the front lot line.
ii)
For the property located at 994 Settlers Road, the northern lot
line is deemed to be the front lot line
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-133-LPAT, May 14, 2019)
117. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 85 of Schedule "A" - Zoning Maps and described as 497 Millgrove Side
Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
private school
b)
The following regulations shall also apply to the use identified in a)
above:
i)
Maximum Lot Area
3.25 hectares
(By-law No. 15-237, October 14, 2015)
ii)
In accordance with Section 12.1.3.1 b) through h).
iii)
Parking in accordance with Section 5.6c)iii)
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
118. Within the lands zoned Agriculture (A1) Zone, Rural (A2) Zone and Conservation /
Hazard Land - Rural (P6) Zone, identified on Maps 53, 65, 92, 93, 100, 103, 104,
109, 112, 113, 114, 128, 129, 130, 140, 141, 175, 179, 180, 188, 191, 193, 194,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-66
200, 201, 203, 206, 207, 213, 214, 215, 219, 223, 224, and 225 of Schedule "A" -
Zoning Maps, and described as:
Property Address
Map Number
Part of 2330 Guyatt Road
193, 194
1433 Guyatt Road
206
2860 Kirk Road
213
1115 Hendershot Road
194
9305 Chippewa Road West
201
3316 Highway 56
213
Part of 1400 Seaton Road
53
Part of 1270 Trinity Church Road
179
3316 Golf Club Road
180
6175 White Church Road
203
3157 Hendershot Road
214
2147 Woodburn Road
207, 215
1280 Hendershot Road
194
1240 Seaton Road
65
6363 White Church Road East
191, 203
Part of 1700 Hall Road
219, 223
Part of 435 Lynden Road
129, 141
2505 Highway No. 5 West
100, 109
Part of 3291 Jerseyville Road West
141
160 Norsworthy Road
188, 200
701 Lynden Road
129
Part of 3667 Indian Trail Road
128, 140, 141
Part of 4500 Governor's Road
128
1280 Hendershot Road
194
345 Bell Road
224, 225
6266 Chippewa Road
203
Part of 186 Binbrook Road
215
Part of 49 Inksetter Road
113, 114
1230 Sodom Road
92, 93
5200 Berry Road
225
Part of 2040 Hall Road
219, 223
3600 Guyatt Road
193
2274 Power Line Road
130
2350 Westbrook Road
207, 215
280 Butter Road West
175
Part of 1557 Concession 2 Road West 103, 104, 112, 113
2069 Binbrook Road
214
9350 Haldibrook Road
201, 209
1640 Trinity Church Road
192
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-67
The following special provisions shall apply:
a)
Notwithstanding Subsections 12.1.1, 12.2.1 and 7.6.1, and in
addition to Subsections 12.1.2 and 12.2.2, the following use shall be
prohibited:
Single Detached Dwelling
Residential Care Facility
b)
In addition to Clause a), the following special provisions shall also
apply:
i)
In addition to Subsection 12.1.2, for the lands located at 1433
Guyatt Road, the housing of livestock shall be prohibited
within barns existing on May 13, 2009.
ii)
In addition to Subsection 12.1.2, for the lands located at 2860
Kirk Road, the housing of livestock shall be prohibited within
barns existing on May 14, 2008.
5015 Tyneside Road
210, 211
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-68
iii)
In addition to Subsection 12.1.2, for the lands located at 2147
Woodburn Road, the housing of livestock shall be prohibited
within barns existing on December 14, 2005.
iv)
Notwithstanding Subsection 12.1.3.1 c), for the lands located
at 3316 Highway 56, the minimum side yard for agricultural
buildings and structures shall be 10.2 metres.
v)
Notwithstanding Subsection 12.2.3.1 a), for the lands located
at 49 Inksetter Road, the minimum lot area shall be 37
hectares.
vi)
Notwithstanding Subsection 12.2.3.1 a), for the lands located
at 1226 Sodom Road, the minimum lot area shall be 18
hectares.
vii)
Notwithstanding Subsection 12.1.3.1 a), for the lands located
at 5200 Berry Road, the minimum lot area shall be 37
hectares.
viii)
Notwithstanding Subsection 12.1.3.1 a), for the lands located
at 280 Butter Road, the minimum lot area shall be 39
hectares.
ix)
Notwithstanding Subsection 12.1.3.1 a), for the lands located
at 3600 Guyatt Road, the minimum lot area shall be 21
hectares.
x)
Notwithstanding Subsection 12.1.3.1 a), for the lands located
at 2274 Power Line Road West, the minimum lot area shall be
23 hectares.
xi)
Notwithstanding Subsection 12.1.3.1 a), for the lands located
at 6330 Chippewa Road East, the minimum lot area shall be
36 hectares.
c)
The following regulation shall also apply for the property located at
3316 Highway 56:
The minimum side yard for the agricultural buildings and structures
shall be 10.2 metres.
d)
The following regulations shall also apply for the property located at
2069 Binbrook Road:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-69
i)
Notwithstanding Subsection 12.1.1, a Residential Care
Facility shall be prohibited on the subject lands.
ii)
Notwithstanding Subsection 12.1.3.1 a), for the lands located
at 2069 Binbrook Road, the minimum lot area shall be 34.0
hectares.
e)
The following regulations shall also apply for the property located at
9350 Haldibrook Road:
i)
Notwithstanding Subsection 12.1.3.1 a), the minimum lot area
shall be 32.0 hectares.
e)
The following regulations shall also apply for the property located at
1650 Trinity Church Road:
i)
Notwithstanding Subsection 12.1.3.1 a), the minimum lot area
shall be 35.8 hectares.
f)
The following regulations shall also apply for the property located at
5015 Tyneside Road:
i)
Notwithstanding Subsection 12.1.1 a Single Detached
Dwelling and Residential Care Facility shall be prohibited on
the subject lands.
(By-law No. 15-173, July 10, 2015, As amended by OMB Decision PL150805 dated May 3, 2016)
(By-law No. 21-189, October 13, 2021, By-law No. 21-040, March 21, 2021)
(By-law No. 22-113, May 11, 2022)
(By-law No. 22-114, May 11, 2022)
(By-law No. 22-166, July 08, 2022)
119. Notwithstanding Sections 12.1.1, 12.2.1 and 7.6.1, on those lands zoned
Agriculture (A1) Zone, Rural (A2) Zone and Conservation/Hazard Land - Rural
(P6) Zone, identified on Maps 202 and 212 of Schedule "A" - Zoning Maps and
described as 3555 Fletcher Road and 8588 Chippewa Road, no uses shall be
permitted.
(By-law No. 15-173, July 10, 2015)
120. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 35 of Schedule "A" - Zoning Maps and described as 1436 Brock Road, a
medical clinic shall also be permitted within an existing building and shall be in
accordance with Section 12.2.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-70
121. In addition to Section 12.2.1 and notwithstanding Section 5.6 c), on those lands
zoned Rural (A2) Zone, identified on Map 59 of Schedule "A" - Zoning Maps and
described as part of 988 Brock Road, the following special provisions shall also
apply:
a)
The following use shall also be permitted:
saw mill
b)
The following regulations shall also apply to the use identified in a)
above:
i)
Open Storage
A minimum setback of
25.0 metres from the front
lot line;
ii)
Parking
Minimum 15 spaces.
iii)
In accordance with Section 12.2.3.1 b), c), d), e) and g).
(By-law No. 15-173, July 10, 2015)
122. Notwithstanding Sections 4.5 a) and 5.6 c) and in addition to Section 12.2.1, on
those lands zoned Rural (A2) Zone, identified on Map 36 of Schedule "A" - Zoning
Maps, described as part of 1345 Highway 6, the following special provisions shall
also apply:
a)
The following uses shall also be permitted:
i)
Existing commercial storage operation; and,
ii)
Two Existing Dwelling Units, subject to the following:
1. One Existing Dwelling Unit shall be accessory and used for
maintenance or security purposes only.
b)
The following regulations shall apply to the use identified in a) i)
above:
i)
Open Storage
1.
Shall be restricted to
the storage of major
recreational
equipment;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-71
2.
Shall be located a
minimum
of
12.0
metres from any lot
line;
3.
Maximum
area
devoted
to
open
storage shall be 25%
of the gross floor
area
of
the
commercial storage
buildings or 2970.0
square
metres,
whichever is less.
ii)
Planting Strip
1.
Minimum 5.0 metre
wide planting strip
along the front lot
line, flankage lot line
and
any
lot
line
abutting a residential
use;
2.
In addition to ii) 1.
above, a minimum
3.0 metre planting
strip shall be required
along all other lot
lines;
3.
All plantings must
have
a
minimum
height of 0.8 metres.
iii)
Parking
1.
Minimum of 4 parking
spaces;
2.
In addition to iii) 1.
above, 1 barrier free
parking space shall
be provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-72
iv)
No driving aisle or maneuvering space is permitted
between a commercial storage building and any adjacent
residential use.
v)
No windows or doors shall be located along the wall of
any commercial storage building abutting a residential
use
(By-law No. 15-173, July 10, 2015)
123. Notwithstanding Section 12.7.1, on those lands zoned Existing Rural Industrial
(E2) Zone, identified on Map 94 of Schedule "A" - Zoning Maps and described as
part of 870-880 Highway 5 West, the following special provision shall also apply:
a)
Only the following use shall be permitted:
i)
Establishment for the rendering and recycling of food and
meat by-products and the extracting of oil from fish or animal
matter and the processing of oil products.
(By-law No. 15-173, July 10, 2015)
124. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 94 of Schedule "A" - Zoning Maps and described as part of 870-880
Highway 5 West, the following special provision shall also apply:
a)
Only the following use shall be permitted:
water treatment facilities accessory to the rendering and
manufacturing use located on the same lot.
b)
The regulations pertaining the use identified in a) above shall be in
accordance with Section 12.2.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
125. In addition to Section 12.1.1 on those lands zoned Agriculture (A1) Zone, identified
on Maps 82, 83 and 93 of Schedule "A" - Zoning Maps, described as 967 Highway
5 West and 966 4th Concession Road West, the following special provisions shall
also apply:
a)
The following uses shall also be permitted:
i)
Animal oriented events such as rodeos and exhibitions;
ii)
Casino
iii)
Commercial Entertainment;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-73
iv)
Flea Markets;
v)
Auctions;
vi)
Horse Racetrack and Racing of Animals;
vii)
Horse Breeding;
viii)
Park;
ix)
Public Assembly events such as meetings, cultural and
educational gatherings; and,
x)
Seasonal Campground
b)
The regulations pertaining the uses identified in a) above shall be in
accordance with Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-219, August 17, 2018)
126. In addition to Section 7.4.1, on those lands zoned Open Space (P4) Zone,
identified on Map 67 of Schedule "A" - Zoning Maps and described as 1049
Kirkwall Road, a museum shall also be permitted.
(By-law No. 15-173, July 10, 2015)
127. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 38 of Schedule "A" - Zoning Maps and described as 369,
381, 383 and 385 and part of 377 Concession 6 East, the following special
provisions shall also apply:
a)
The following uses shall also be permitted:
i)
aircraft maintenance and storage;
ii)
Building and Lumber Supply Establishment;
iii)
Manufacturing;
iv)
Motor Vehicle Service Station, excluding the sale of fuel;
v)
Office;
vi)
Tradesperson's Shop;
vii)
Warehouse; and,
viii)
Water bottling plant.
(By-law No. 15-173, July 10, 2015)
128. In addition to Sections 12.6.1 on those lands zoned Existing Rural Commercial
(E1) Zone, identified on Maps 61 and 129 of Schedule "A" - Zoning Maps,
described as addresses:
780 Highway No. 6
Map 61
Part of 847 Lynden Road
Map 129
a)
The following use shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-74
Veterinary Service
(By-law No. 15-173, July 10, 2015)
129. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Maps 8 and 15 of Schedule "A" - Zoning Maps and described
as 1012 Gore Road, a warehouse for the storage and distribution of chemicals
shall also be permitted.
(By-law No. 15-173, July 10, 2015)
130. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 73 of Schedule "A" - Zoning Maps and described as 197
4th Concession Road West, an Equipment and Machinery Sales, Rental and
Service Establishment shall also be permitted.
(By-law No. 15-173, July 10, 2015)
131. Notwithstanding Section 7.4.1 and the definition of Golf Course within Section 3,
on those lands zoned General Open Space (P4) Zone, identified on Map 113 of
Schedule "A" - Zoning Maps and described as 71 Highway 52, an accessory
dwelling for maintenance and/or security purposes is prohibited.
(By-law No. 15-173, July 10, 2015)
132. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 91 of Schedule "A" - Zoning Maps and described as part of 621 Highway 8,
the following special provisions shall also apply:
a)
The following uses shall also be permitted within the existing
building:
i)
Restaurant; and,
ii)
Retail.
b)
The following regulations shall apply to the uses identified in a)
above:
i)
Open Storage
Shall not be permitted;
ii)
Maximum Parking area
3300.0 square metres;
iii)
Maximum Gross Floor Area
for Retail
558.0 square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-75
(By-law No. 15-173, July 10, 2015)
133. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Maps 48 and 60 of Schedule "A" - Zoning Maps and described as 1031 Highway
6, the following special provisions shall also apply:
a)
The following use shall also be permitted:
i)
Existing assembly and distribution business.
b)
The following regulations shall apply to the use identified in a) above:
i)
Open Storage
Shall not be permitted;
ii)
In accordance with Section 12.2.3.1 b), c), d), e) and g).
(By-law No. 15-173, July 10, 2015)
134. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Maps 38 and 39 of Schedule "A" - Zoning Maps and described as 442 6th
Concession Road East, general contracting, including servicing of equipment and
vehicles and associated open storage, shall also be permitted and shall be in
accordance with Section 12.1.3.1 b), c), d), e) and g).
(By-law No. 15-173, July 10, 2015)
135. In addition to Sections 12.2.1 and 12.2.2, on those lands zoned Rural (A2) Zone,
identified on Maps 93 and 94 of Schedule "A" - Zoning Maps and described as
952 Highway 5 West, the following special provisions shall also apply:
a)
The following use shall also be permitted:
i)
wholesale and retail sale of nursery stock, related pre-
packaged fertilizer and chemical fertilizers.
b)
The following use shall also be prohibited:
i)
blending and bulk fertilizer storage.
c)
The regulations pertaining the use identified in a) above, shall be in
accordance with Section 12.2.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
136. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 35 of Schedule "A" - Zoning Maps and described as 1407
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-76
Brock Road, a propane distribution depot, a refreshment vehicle and a retail
establishment shall also be permitted.
(By-law No. 15-173, July 10, 2015)
137. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 102 of Schedule "A" - Zoning Maps and described as part
of 1890 Highway 5 West, the following special provision shall also apply:
a)
The following uses shall also be permitted:
i)
Manufacturing; and,
ii)
Retail establishment for the sale of sporting goods.
(By-law No. 15-173, July 10, 2015)
138. In addition to Sections 12.7.1 and 7.6.1, on those lands zoned Existing Rural
Industrial (E2) Zone and Conservation/Hazard Land - Rural (P7) Zone, identified
on Maps 102 and 111 of Schedule "A" - Zoning Maps and described as part of
1890 Highway 5 West, a landfill for the dumping of foundry waste and/or flue dust
shall also be permitted.
(By-law No. 15-173, July 10, 2015)
139. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 48 of Schedule "A" - Zoning Maps and described as part
of 1099 Highway 6, the following special provision shall also apply:
a)
The following uses shall also be permitted:
i)
Manufacturing
ii)
Motor Vehicle Service Station; and,
iii)
Transport Terminal.
(By-law No. 15-173, July 10, 2015)
140. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 61 of Schedule "A" - Zoning Maps and described as part of 823 Highway 6,
a patio furniture outlet and a retail establishment for the sale of antiques and crafts
shall also be permitted shall be in accordance with Section 12.2.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
141. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 36 and 150 of Schedule "A" - Zoning Maps and described
as addresses:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-77
1363 Highway 6
Map 36
1464, 1470 and 1474 Highway 6
Map 36
268, 270 and 274 Upper Centennial Parkway
Map 150
A Motor Vehicle Service Station and a Restaurant shall also be permitted.
(By-law No. 15-173, July 10, 2015)
142. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 187 of Schedule "A" - Zoning Maps and described as part of 2194 Shaver
Road, a bakery shall also be permitted and shall be in accordance with Section
12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
143. Notwithstanding Sections 7.4.1 and 12.2.1 and in addition to Section 12.2.3, on
those lands zoned Open Space (P4) Zone and Rural (A2) Zone, identified on Maps
79, 144 and 158 of Schedule "A" - Zoning Maps, and described as addresses:
812 and 814 Old Highway 8
Map 79
Part of 630 Trinity Road South
Maps 144 and 158
a)
Only the following uses shall be permitted:
i)
Fairgrounds owned and operated by an Agricultural Society
and shall permit only the following:
Agriculture
A Fair or Circus
Agricultural Education Programs
Animal Shows and Training
Community Garden
Conference and Convention Centre in existing building
Recreation
Auctions
Farmer's Market
ii)
In addition to a) i) above, for the property located at 812 and
814 Old Highway 8, the following accessory uses to the
Fairgrounds use shall also be permitted:
paint-ball
racquet courts
skating or curling surfaces
(By-law No. 15-237, October 14, 2015)
(By-law No. 21-189, October 13, 2021)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-78
b)
For the property at 812 and 814 Old Highway 8, Section
7.4.2 shall apply to the uses identified in a) i) and ii) above.
(By-law No. 15-237, October 14, 2015)
c)
For the property at 630 Trinity Road South, the following
regulations shall apply to the uses identified in a) i) above:
i)
Maximum lot coverage
5 percent
ii)
Maximum height
16.0 metres
iii)
Minimum setback
A.
7.0 metres from the
southerly lot line;
B.
30.0 metres from a
Conservation/Hazard
Land - Rural (P7) Zone
boundary line
iv)
Landscaped Area
38.0 metres wide, shall be
provided
and
maintained
along the westerly lot line
abutting the property at 1772
Wilson Street West;
v)
Parking
A parking area containing a
minimum of 1,042 spaces
(284 parking spaces on a
paved
surface
and
758
parking spaces on a gravel
surface) shall be permitted.
(By-law No. 15-173, July 10, 2015)
144. In addition to Sections 12.7.1 and 12.7.3, on those lands zoned Existing Rural
Industrial (E2) Zone, identified as Map 166 on Schedule "A" - Zoning Maps and
described as 130 Upper Centennial Parkway, the following special provisions shall
also apply:
a)
The following use shall also be permitted:
warehousing operation
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-79
b)
The following regulations shall apply to the use identified in a) above:
i)
No parking space located adjacent to Highland Road shall be
permitted to be used for the parking of rental trucks or rental
trailers;
ii)
A maximum of 10 rental trucks and 5 rental trailers shall also
be permitted.
(By-law No. 15-173, July 10, 2015)
145. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 132 of Schedule "A" - Zoning Maps and described as part of 145 Highway 52
North, the following special provisions shall also apply:
a)
The following use shall also be permitted:
liquid petroleum transfer business
b)
The following regulations shall apply to the use identified in a) above:
i)
A maximum of five tanker trucks may be stored on the
site.
ii)
In accordance with Section 12.2.3.1 b), c), d), e), g) and
h).
(By-law No. 15-173, July 10, 2015)
146. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified as Map 166 on Schedule "A" - Zoning Maps and described as 146
Upper Centennial Parkway, the existing outdoor storage and rental of construction
and industrial equipment shall also be permitted.
(By-law No. 15-173, July 10, 2015)
147. In addition to Section 12.1.1 and notwithstanding and Section 5.6 c), on those
lands zoned Agriculture (A1) Zone, identified on Map 188 of Schedule "A" - Zoning
Maps and described as part of 58 Carluke Road West, the following special
provisions shall also apply:
a)
The following use shall also be permitted
Bakery
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-80
b)
For the purposes of Special Exception 147, the following definition
shall apply:
Bakery
Shall mean the milling of grain grown on the subject
lands and on lands in the surrounding agricultural
community, production of bread and other related
products, and shall include ancillary uses of storage,
warehouse and office facilities in connection with this
operation.
c)
The following regulations shall apply to the use identified in a) above:
i)
Maximum
Gross
Floor
Area
36,510 square metres;
ii)
Maximum Lot Coverage
40%
iii)
Minimum Front Yard
A.
50.0 metres;
B.
Notwithstanding
A.
above, 35.0 metres
shall be provided for
buildings existing as
of April 26, 2006.
iv)
Minimum Side Yard
13.0 metres;
v)
Minimum Flankage Yard
13.0 metres;
vi)
Minimum Rear Yard
A. 7.6 metres
B. Notwithstanding
A.
above, 3.0 metres for
the existing temporary
storage building.
vii)
Planting Strip
A minimum 3.0 metre wide
planting strip shall be
provided and maintained
along the boundary line
adjacent
to
Fiddler's
Green Road, except for
the driveway area
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-81
viii)
Parking
123 spaces, plus one
additional space for every
140.0 square metres of
gross floor area in excess
of 18, 720 square metres
shall be required.
ix)
Outdoor Storage
Shall
be
subject
to
regulations c) iii), iv), v)
and vi) above.
(By-law No. 15-237, October 14,
2015)
(By-law No. 15-173, July 10, 2015)
148. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 157 of Schedule "A" - Zoning Maps and described as 2692
Wilson Street West, a Hotel shall also be permitted.
(By-law No. 15-173, July 10, 2015)
149. In addition to Section 12.6.1 on those lands zoned Existing Rural Commercial
(E1) Zone, identified on Maps 120 and 129 of Schedule "A" - Zoning Maps and
described as 4206 Governor's Road, a variety or grocery store, a post office, and
one dwelling unit shall also be permitted within an existing building.
(By-law No. 15-173, July 10, 2015)
150. In addition to Section 9.12.1, on those lands zoned Extractive Industrial (M12)
Zone, identified on Map 146 of Schedule "A" - Zoning Maps and described as part
of 658 Fiddlers Green Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
The operations and equipment storage of an excavation
contractor; and,
ii)
Transportation Depot and Truck Terminal.
b)
The permitted uses identified in a) above shall be in accordance
with the provisions of Section 12.7.3.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
151. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 205 of Schedule "A" - Zoning Maps and described as part
of 2187 Regional Road 56, a motor vehicle storage, sales and repair operation,
Motor Vehicle Service Station and an office for a travel agency shall also be
permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 15-286, December 9, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-82
152. In addition to Sections 12.6.1 and 5.6 c) and notwithstanding Section 12.6.2, on
those lands zoned Existing Rural Commercial (E1) Zone, identified on Map 223 of
Schedule "A" - Zoning Maps and described as 2060 Haldibrook Road the following
special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
Car Compound;
ii)
Garden Centre;
iii)
Motor Vehicle Service Station;
iv)
Repair Service; and,
v)
Small Engine Retail.
b)
For the purposes of Special Exception No. 152 the following
definition shall apply:
Car Compound
Shall mean an area of land not exceeding 560
square metres in area enclosed by a solid
fence having a minimum height of 1.8 metres
to be used only for the temporary storage of
motor vehicles, but shall not include a Motor
Vehicle Wrecking Establishment, a Salvage
Yard or the collection, storage or sale of junk,
salvage, partially or completely dismantled
automobiles, other motor vehicles or trailers.
c)
The following regulations shall apply to the use identified in a) iii)
above:
i)
Minimum Lot Width
45.0 metres;
ii)
Minimum Lot Depth
60.0 metres;
iii)
Maximum
Lot
Coverage
30 percent;
iv)
Minimum Front Yard
14.0 metres;
v)
Minimum Side Yard
14.0 metres;
vi)
Minimum Rear Yard
14.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-83
vii)
Maximum
Building
Height
10.7 metres;
viii) Parking
i)
No parking space or part
thereof shall be located and
no land shall be used for the
temporary parking or storage
of any motor vehicle within 1.5
metres of any rear lot line, or
within 3 metres of any street
line or the boundary of any
Residential
or
Institutional
Zone or any Zone where the
adjoining land is used for
residential
or
institutional
purposes;
ii)
The maximum number of
outside
parking
spaces
and/or the maximum capacity
of outside parking areas
associated with the uses
permitted
in
this special
exception shall be ten (10)
motor vehicles. All other
parking on the subject lot
shall be wholly enclosed
and/or screened from view
with a solid fence having a
minimum
height
of
1.8
metres.
ix)
Planting Strip
A minimum width of 3 metres and
a fence having a minimum height
of 1.8 metres shall be provided
and
thereafter
maintained
adjacent to every portion of any
lot line that abuts any Residential
or Institutional Zone or any Zone
where the adjoining land is used
for residential or institutional
purposes;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-84
x)
Landscaped Area
a minimum width of 3 metres
shall be provided and thereafter
maintained adjacent to every
portion of any lot line that abuts a
street, and such area shall be
continuous
except
for
the
required driveway(s).
xi)
Notwithstanding any other provisions of this by-law, light
standards, fuel pump islands, fuel pumps, attendant's
kiosks and canopies may be located in any required
minimum yard at a distance of not less than 4.5 metres
from any street line but no part of a required daylighting
triangle shall be construed to be part of a required
minimum yard for the purpose of this Clause.
xii)
The width of an entrance or exit ramp shall not be less
than 9 metres or more than 10.7 metres measured along
the street line, subject to the requirements of the authority
having jurisdiction for the abutting street.
xiii) No entrance or exit ramp shall be located within 3 metres
of the side or rear lot line that abuts an adjoining lot,
except where there is a shared access between the
abutting lots.
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
153. In addition to Sections 12.1.1 and 5.3 b), on those lands zoned Agriculture (A1)
Zone, identified on Maps 77 and 78 of Schedule "A" - Zoning Maps and described
as part of 996 Settlers Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
existing building and house moving business
b)
The following regulations shall apply to the use identified in a) above:
i)
Outdoor Storage
Shall not exceed an area
of 1,400.0 square metres.
ii)
Commercial Motor Vehicles
A
Maximum
of
three
commercial
motor
vehicles
shall
be
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-85
parked/stored
on
the
property.
iii)
In accordance with Section 12.1.3.1 b), c), d), e), g) and
h).
(By-law No. 15-173, July 10, 2015)
154. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Maps 211 and 217 of Schedule "A" - Zoning Maps and
described as part of 5364 Tyneside Road, a storage and wholesaling
establishment for metal products shall also be permitted.
(By-law No. 15-173, July 10, 2015)
155. In addition to Section 12.7.3, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 166 on Schedule "A" - Zoning Maps and described as 19
Highland Road East, Part of 154 Upper Centennial Parkway and Part of 146 Upper
Centennial Parkway, the following special provision shall also apply:
a)
Maximum height for Outdoor storage and vehicle parking or storage
shall be 2.5 metres within 15.0 metres of any lot line that abuts a
street, measured from the average grade along such lot lines.
(By-law No. 15-173, July 10, 2015)
156. In addition to Section 12.7.1 and notwithstanding Section 12.7.3 c), on those lands
zoned Existing Rural Industrial (E2) Zone, identified on Map 182 of Schedule "A"
- Zoning Maps, described as 380 and part of 400 Regional Road 20, the following
special provisions shall also apply:
a)
The following use shall also be permitted:
cheese processing operation
b)
The following regulation shall apply to the use identified in a) above,
for the property located at 380 Regional Road 20:
i)
Minimum side yard shall be 7.5 metres.
(By-law No. 15-173, July 10, 2015)
157. In addition to Section 12.6.1 and notwithstanding Sections 12.6.3 b) and g) on those
lands zoned Existing Rural Commercial (E1) Zone, identified on Map 183 of
Schedule "A" - Zoning Maps, described as 622, 626, 630 and 634 South Townline
Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-86
i)
Garden Centre;
ii)
Small scale retailing of agricultural products not grown
primarily on site; and,
iii)
Veterinary Service.
b)
The following special provisions shall apply to the uses identified in
a) above:
i)
Minimum front yard shall be 30.0 metres;
ii)
Maximum number of employees permitted shall be 3;
iii)
A landscape area having a minimum width of 6.0 metres shall
be provided and maintained along any lot line adjacent to
Regional Road 20;
iv)
A landscape area having a minimum width of 3 metres; and a
fence having a minimum height of 1.8 metres and a maximum
height of 2.1 metres shall be provided and maintained along
any portion of any lot line adjacent to a commercial use.
(By-law No. 15-173, July 10, 2015)
158. In addition to Sections 12.7.1 and 12.7.3, on those lands zoned Existing Rural
Industrial (E2) Zone, identified on Maps 202 and 203 of Schedule "A" - Zoning
Maps and described as 3320 Miles Road, the following special provisions shall
also apply:
a)
The following use shall also be permitted:
pipe storage, processing and distribution operation
b)
The following regulation shall also apply to the use identified in a)
above:
i)
The height of the pipes in the outdoor storage area measured
from ground level shall not exceed 2.3 metres;
ii)
An earth berm with a minimum height of 1.8 metres and a
planting strip along the top of the berm consisting of
evergreens with a minimum height of 1.5 metres shall be
provided along any lot line adjacent to a street or a residential
use.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-87
159. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 218 of Schedule "A" - Zoning Maps and described as part of 4080 Hall
Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
Existing Holistic Wellness Centre
b)
For the purposes of Special Exception 159 the following definition
shall apply:
Holistic Wellness Centre
Shall mean a centre, open to the public
on an out-patient basis, specializing in
the practice of holistic medicine and
therapy by not more than seven
drugless practitioners, including, but
not
limited
to
chiropractors,
reflexologists, massage therapists, and
herbalists. The use, in addition to
therapeutic and related remedies, shall
rely on herbs and other natural
products, which are produced primarily
on site.
(By-law No. 15-173, July 10, 2015)
160. In addition to Section 7.4.1 and Section 7.4.2, on those lands zoned General Open
Space (P4) Zone, identified on Maps 162 and 177 of Schedule "A" - Zoning Maps
and described as 2633 Upper James Street, the following special provisions shall
also apply:
a)
The following use shall also be permitted:
Existing go-kart track
b)
The following regulation shall apply to the use identified in a) above:
i)
The length of the go-kart track shall not exceed 0.8 km.
(By-law No. 15-173, July 10, 2015)
161. Notwithstanding Section 7.4.1 and Section 7.4.2, on those lands zoned General
Open Space (P4) Zone, identified on Map 204 of Schedule "A" - Zoning Maps and
described as part of 4300 Binbrook Road, the following special provisions shall
also apply:
a)
The following uses shall be prohibited even as an accessory use:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-88
i)
Mausoleum;
ii)
Columbarium; and,
iii)
Crematorium.
b)
The following regulations shall apply:
i)
Maximum lot coverage
2 percent;
ii)
No grave, building or structure shall be located within 45.0
metres of the centre line of Binbrook Road;
iii)
Minimum yards (including graves) - 30 metres from any
adjoining land which is used for residential purposes, 15
metres for any other lot line;
iv)
Minimum setback for parking areas - 15 metres from any
adjoining land which is used for residential purposes, 7.5
metres for any other lot line;
v)
A planting strip consisting of coniferous trees and having a
minimum width of 7.5 metres shall be provided along the
western lot line of the subject lands;
vi)
A planting strip having a minimum width of 3 metres shall be
proved along the eastern lot line of the subject lands;
vii)
A fence with a minimum height of 1.8 metres shall be provided
along the western lot line of the subject lands;
viii)
A fence with a minimum height of 1.8 metres shall be provided
along the southern and eastern lot lines of the subject lands,
and along the northern portion of the lands which are being
actively developed at any one time;
ix)
The internal vehicular road system shall be a minimum of 7.5
metres in width;
x)
No buildings or structures are permitted for an agricultural
use.
(By-law No. 15-173, July 10, 2015)
162. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 182 of Schedule "A" - Zoning Maps and described as 230,
240 and 250 Regional Road 20, the following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-89
a)
The following use shall also be permitted:
Barnboard and Beam Business
b)
For the purposes of Special Exception 162 the following definition
shall apply:
Barnboard and
Beam Business
Shall mean a business involving
the dismantling of old barns, the
sorting and storing of barnboards
and beams, a sawmill operation
where the boards are cut and
planed to create antique flooring,
and the storage of timber for future
sale.
(By-law No. 15-173, July 10, 2015)
163. In addition to Section 7.3.1, on those lands zoned City Wide Park (P3) Zone,
identified on Map 204 of Schedule "A" - Zoning Maps and described as part of
4300 Binbrook Road, a municipal administration office shall also be permitted.
(By-law No. 15-173, July 10, 2015)
164. In addition to Section 7.4.2, on those lands zoned Open Space (P4) Zone,
identified on Map 177 of Schedule "A" - Zoning Maps and described as 8475
English Church Road East, the following additional provisions shall apply:
a)
A clubhouse shall be set back a minimum of 200.0 metres from
English Church Road East and Upper James Street, and a minimum
of 900.0 metres from the adjacent livestock building and manure
storage facility on the lands to the east described as 8149 English
Church Road East;
b)
Minimum yards for all golf tees, fairways, greens and practice areas
shall be 30.0 metres from any lot line that abuts a public street or a
lot used for residential or institutional purposes;
c)
A landscaped area with a minimum width of 10.0 metres shall be
provided adjacent to any lot line that abuts a public street or a lot
used for residential or institutional purposes.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-90
165. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 182 of Schedule "A" - Zoning Maps and described as 443
Regional Road 20, a Restaurant and banquet centre shall also be permitted.
(By-law No. 15-173, July 10, 2015)
166. Notwithstanding Section 5.6 c) and 12.7.3 on those lands zoned Existing Rural
Industrial (E2) Zone, identified on Map 167 of Schedule "A" - Zoning Maps and
described as 432 Highland Road East, an Agriculture Processing Establishment -
Stand Alone shall be subject to the following regulations:
a)
Minimum flankage yard shall be as per the existing building, but in
no case less than 10.0 metres
b)
Maximum flankage yard
115.0 metres;
c)
Minimum front yard
85.0 metres;
d)
Maximum front yard
200.0 metres;
e)
Maximum coverage permitted within the building envelope
established through a), b), c), and d) above shall be 30 percent;
f)
Maximum coverage permitted for accessory buildings within the
established building envelope shall be 5 percent;
g)
Maximum height
7.5 metres;
h)
Any accessory retail uses must be located on the ground floor of the
principal building and must not exceed 20 percent of the gross floor
area of that building;
i)
One parking space is required for every 28.0 square metres of gross
floor area devoted to accessory retail uses;
j)
One parking space is required for every 100.0 square metres of
gross floor area devoted to the agricultural-related use;
k)
No parking space or lot shall be located closer than 30.0 metres from
the front lot line or 10 metres from the flankage lot line;
l)
Open air operations, outdoor storage, and outdoor display of goods
or materials other than operative motor vehicles, trucks, or operative
agricultural equipment are prohibited.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-91
167. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 138 of Schedule "A" - Zoning Maps and described as 944
Highway 8, the processing, wholesaling, warehousing, storage of agricultural and
food products and associated buildings and structures shall also be permitted.
(By-law No. 15-173, July 10, 2015)
168. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 138 of Schedule "A" - Zoning Maps and described as 934 and 936
Highway 8 and 190 Glover Road:
a)
The following uses shall also be permitted:
i)
Place of Worship;
ii)
Child Care Centre; and,
iii)
Educational Establishment.
b)
The following regulations shall apply to the uses identified in a)
above:
i)
In accordance with Section 12.1.3.1b) through g); and,
ii)
Parking shall be provided in accordance with Section 5.6c)ii).
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
(By-law No. 25-155, August 06, 2025)
169. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 166 on Schedule "A" - Zoning Maps and described as part
of 154 Upper Centennial Parkway, the sales and rental of golf equipment and snow
and ice removal equipment shall also be permitted.
(By-law No. 15-173, July 10, 2015)
170. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 35 on Schedule "A" - Zoning Maps and described 793 8th Concession Road
West, the existing custom workshop for the sale, service and distribution of water
pumps, tanks and related accessories shall also be permitted.
(By-law No. 15-173, July 10, 2015)
171. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Maps 120, 160, 194 and 206 on Schedule "A" - Zoning Maps and described as
addresses:
Part of 909 Courtland Drive
Map 160
Part of 3826 Governors Road
Map 120
2040 Guyatt Road
Maps 194 and 206
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-92
a)
The following use shall also be permitted:
farmer's market
b)
The regulations pertaining the use identified in a) above, shall be in
accordance with Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
172. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 36 on Schedule "A" - Zoning Maps and described as part
of 20 and 24 Carlisle Road, a trailer manufacturing business shall also be
permitted.
(By-law No. 15-173, July 10, 2015)
173. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Maps 50 and 62 on Schedule "A" - Zoning Maps and described
as 407 and 411 Parkside Drive, an extraction and refining operation of abrasive
material for industrial cleaning shall also be permitted.
(By-law No. 15-173, July 10, 2015)
174. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 31 on Schedule "A" - Zoning Maps and described as part
of 1817 and 1829 Regional Road 97, a bakery, pallet manufacturing operation and
welding operation shall also be permitted.
(By-law No. 15-173, July 10, 2015)
175. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 66 on Schedule "A" - Zoning Maps and described as part
of 1074 Highway 8, the existing outdoor storage operation shall also be permitted.
(By-law No. 15-173, July 10, 2015)
176. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Maps 70 and 202 on Schedule "A" - Zoning Maps and
described as part of 8155 Chippewa Road and 971 5th Concession Road West,
Manufacturing shall also be permitted.
(By-law No. 15-173, July 10, 2015)
177. In addition to Section 12.1.1 and notwithstanding Section 12.1.3.1 e) i), on those
lands zoned Agricultural (A1) Zone, identified on Maps 65, 88 and 100 on Schedule
"A" - Zoning Maps and described as 2387 4th Concession Road West and part of
1188 Highway 8, the following special provisions shall also apply:
a)
The following use shall also be permitted:
Agricultural Processing Establishment - Stand Alone
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-93
b)
The following regulations shall apply to the use identified in a) above:
i)
In accordance with Section 12.1.3.1 b) through h).
ii)
Notwithstanding b) i) above and Section 12.1.3.1 e) i), for
the property at 1188 Highway 8, the Maximum Lot
Coverage shall be 35 percent.
(By-law No. 15-173, July 10, 2015)
178. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 190 on Schedule "A" - Zoning Maps and described as
3727 and 3737 Highway 6, warehousing and sales of flooring products such as
ceramic, marble and vinyl flooring, and related products shall also be permitted.
(By-law No. 15-173, July 10, 2015)
179. Within the lands zoned Major Institutional (I3, 179) Zone, identified on Map Nos.
412, 413, and 445 of Schedule "A" - Zoning Maps and described as 329, 337
and part of 345 Parkside Drive, the following special provisions shall apply:
a)
Notwithstanding Section 8.3.1, only the following uses
shall be permitted:
i)
Long Term Care Facility
ii)
Multiple Dwelling
iii)
Multiple Dwelling Townhouse
iv)
Retirement Home
b)
The uses listed in a) above, shall be permitted in
accordance with the following restriction:
i)
The maximum combined Lot Coverage of any
Multiple Dwelling, Multiple Dwelling Townhouse,
Retirement Home or combination thereof, shall not
exceed 50%.
c)
Notwithstanding Section 8.3.2.1 b), c and d), and Section
8.3.2.2 a) and b), the following regulations shall apply to
the uses listed in a) above:
i)
Minimum Setback from the Side Lot Line
7.5 metres
ii)
Minimum Setback from the Rear Lot Line
7.5 metres
iii)
Maximum Building Height
11.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-94
d)
In addition to Section 8.3.2.1 and Section 8.3.2.2, the
following regulations shall apply to the uses listed in
a) above:
i)
Minimum Setback from the Front Lot Line
15.0 metres
ii)
Minimum setback from the Flankage Lot Line
15.0 metres
iii)
A Minimum Planting Strip of 3.0 m adjacent to a
street line shall be provided and maintained.
e)
Access shall be permitted through a zone that does not
permit the uses listed in a) above.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
180. Notwithstanding Section 12.7.1 and in addition to Section 12.7.3, on those lands
zoned Existing Rural Industrial (E2) Zone, identified on Map 166 of Schedule "A"
- Zoning Maps and described as part of 92 Highland Road East, the following
special provisions shall also apply:
a)
Only the following use shall be permitted:
Abattoir and/or a meat packaging operation which may include an
accessory retail outlet, warehousing and wholesaling.
b)
The following additional regulation shall apply:
Any new buildings or additions shall be a minimum of 48.0 metres
from any existing dwelling.
(By-law No. 15-173, July 10, 2015)
181. In addition to Section 12.1.1 and notwithstanding Section 12.1.3.2 c), on those
lands zoned Agriculture (A1) Zone, identified on Map 182 of Schedule "A" - Zoning
Maps and described as part of 341 Regional Road 20, the following special
provisions shall apply:
a)
The following uses shall also be permitted:
i)
Garden Centre; and,
ii)
A maximum of two Home Industries per lot.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-95
b)
The following regulations shall apply to the uses identified in a)
above:
i)
A minimum 9.0 metre wide landscape strip shall be provided
and maintained along the westerly lot line;
ii)
A minimum 6.0 metre wide landscape strip shall be provided
and maintained along the southerly lot line except for points
of ingress and egress;
iii)
A minimum flankage side yard of 45.0 metres shall be
required;
iv)
Accessory outdoor storage will not be permitted in the
flankage side yard or the front yard.
v)
In accordance with Section 12.1.3.1 b), d), e), g) and h).
(By-law No. 15-173, July 10, 2015)
182. In addition to Section 12.1.1 and notwithstanding Section 12.1.3.2 c), on those
lands zoned Agriculture (A1) Zone, identified as Map 182 on Schedule "A" - Zoning
Maps and described as part of 341 Regional Road 20, the following special
provisions shall also apply:
a)
The following use shall also be permitted:
A maximum of two Home Industries per lot
b)
The following regulations shall apply to the use identified in a)
above:
i)
A minimum 6.0 metre wide landscape strip shall be provided
and maintained along the easterly zone boundary and
southerly lot line except for points of ingress and egress;
ii)
Accessory outdoor storage will not be permitted in the front
yard.
iii)
In accordance with Section 12.1.3.1 b), c), d), e), g) and h).
(By-law No. 15-173, July 10, 2015)
183. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 189 and 190 on Schedule "A" - Zoning Maps and
described as 3840 Highway 6, the existing motor vehicle body shop, and the sale
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-96
of motor vehicles, recreational vehicles and recreational trailers shall also be
permitted.
(By-law No. 15-173, July 10, 2015)
184. In addition to Section 12.6.1 and notwithstanding Section 12.6.3 i), on those lands
zoned Existing Rural Commercial (E1) Zone, identified as Map 180 on Schedule
"A" - Zoning Maps and described as 603 Fletcher Road, the existing wholly
enclosed equipment rental operation shall also be permitted.
(By-law No. 15-173, July 10, 2015)
185. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 113 of Schedule "A" - Zoning Maps and described as 153 Highway 52, a
Veterinary Service use, in conjunction with a Veterinary Service-Farm Animal use,
comprising the entire existing area of the barn and paddock, shall also be
permitted.
(By-law No. 15-173, July 10, 2015)
186. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 71 of Schedule "A" - Zoning Maps and described as part of 692 Concession
5 West, the following special provisions shall also apply:
a)
The following use shall also be permitted:
i)
Existing custom workshop and garage door contracting
business.
b)
The following regulations shall apply to the use identified in a) above:
i)
Open Storage
Shall not be permitted.
ii)
In accordance with Section 12.2.3.1 b), c), d), e), g) and
h).
(By-law No. 15-173, July 10, 2015)
187. Notwithstanding Section 12.7.1 and the definition of a Motor Vehicle Service
Station found in Section 3 of this By-law, on those lands zoned Existing Rural
Industrial (E2) Zone, identified on Map 94 of Schedule "A" - Zoning Maps and
described as 400 Brock Road, the following special provisions shall also apply:
a)
Only the following uses shall be permitted:
i)
Manufacturing;
ii)
Motor Vehicle Collision Repair Establishment;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-97
iii)
Motor Vehicle Service Station where the sale of fuel is
prohibited;
iv)
Motor Vehicle Dealership;
v)
Towing Establishment;
vi)
Bulk Fuel and Oil Storage Establishment; and,
vii)
Transport Terminal.
b)
The following uses shall be prohibited:
i)
Abattoir; and,
ii)
Open Storage.
(By-law No. 15-173, July 10, 2015)
(By-law 22-084, April 13, 2022)
188. Notwithstanding Sections 12.7.1 and 12.7.3 and in addition to Section 5.6 c), on
those lands zoned Existing Rural Industrial (E2) Zone, identified on Maps 223 and
224 of Schedule "A" - Zoning Maps and described as part of 1500 Haldibrook Road
the following special provisions shall also apply:
a)
Only the following uses shall be permitted:
i)
Waste Disposal Facility; and,
ii)
Waste Processing Facility.
b)
The following regulations shall apply to the uses identified in a)
above:
i)
Maximum Lot Coverage
5 percent;
ii)
Minimum Yards
60.0 metres;
iii)
Maximum Height
10.7 metres;
iv)
Minimum Parking
requirements
1)
Parking spaces shall be
provided on the same lot
on which the principal use
is located, sufficient in
number to accommodate
the employees of, and the
visitors to, the permitted
waste disposal facility and
landfill site; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-98
2)
No parking space or part
thereof shall be located
and no land shall be used
for the temporary parking
or storage of any motor
vehicle at a distance of
less than 30 metres of any
lot line.
v)
Minimum Loading Spaces
1)
Off-street loading spaces
shall be provided on the
same lot on which the
principal use is located,
sufficient in number to
provide for the needs of the
permitted waste disposal
facility and landfill site; and
2)
No loading space or part
thereof shall be located
and no land shall be used
for loading purposes within
30 metres of any lot line.
vi)
Minimum Fencing
Requirements:
A fence having a minimum
height of 1.8 metres shall be
provided
and
thereafter
maintained adjacent to every
boundary of the existing solid
waste
disposal
and
landfill
operation.
(By-law No. 15-173, July 10, 2015)
189. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 48 and 139 of Schedule "A" - Zoning Maps and described
as 1134 Highway 6 and part of 1421 Highway No. 8, Retail shall also be permitted.
(By-law No. 15-173, July 10, 2015)
190. In addition to Section 12.6.1 and notwithstanding the definition of a Major
Recreational Equipment Sales, Rental and Service Establishment found in Section
3 of this By-law, on those lands zoned Existing Rural Commercial (E1) Zone,
identified on Map 142 of Schedule "A" - Zoning Maps and described as 2782
Jerseyville Road West, a Major Recreational Equipment Sales, Rental and Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-99
Establishment shall also be permitted, including the sales and service of
motorcycles, recreational equipment and the storage of domestic fuel.
(By-law No. 15-173, July 10, 2015)
(By-law No. 24-137, July 12, 2024)
191. In addition to Section 7.4.1 and notwithstanding Section 7.4.2 b), on those lands
zoned Open Space (P4) Zone, identified on Map 66 of Schedule "A" - Zoning Maps
and described as part of 1144 Cooper Road, the following special provisions shall
apply:
a)
The following uses shall also be permitted:
i)
Private club or lodge; and,
ii)
Airport.
b)
The following regulation shall also apply:
i)
Maximum height of an accessory building or structure shall be
7.0 metres.
(By-law No. 15-173, July 10, 2015)
192. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 31 of Schedule "A" - Zoning Maps and described as part of 1802 and 1824
Regional Road 97, a Livestock Assembly Point shall also be permitted and shall
be in accordance with Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
193. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 92 of Schedule "A" - Zoning Maps and described as part
of 1289 Highway 5 West,
a)
The following uses shall also be permitted:
i)
Motor Vehicle Service Station;
ii)
Restaurant;
iii)
Towing Establishment; and,
iv)
Truck Depot.
b)
The following regulation shall also apply:
i)
The septic tank and driveway access for the uses in the Existing
Rural Industrial (E2) Zone shall be located within the portion of
the property zoned Rural (A2) Zone.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-100
194. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Maps 189 and 190 of Schedule "A" - Zoning Maps and
described as 3868 Highway 6, a marine equipment sales, service and storage
establishment shall also be permitted.
(By-law No. 15-173, July 10, 2015)
195. Notwithstanding Sections 4.8.1 d) and 4.8.2 c), on those lands zoned Agriculture
(A1) Zone and Settlement Residential (S1) Zone, identified on Maps 18, 27, 79
and 210 of Schedule "A" - Zoning Maps, the following maximum accessory
building heights shall apply to the addresses as follows:
Property
Map(s)
Maximum
Accessory
Building Height
23
Vanstraalen
Street
Maps 18 and
27
5.5 metres
757 Old Highway 8
Map 79
6.0 metres
Part of 4427 Miles
Road
Map 210
7.6 metres
(By-law No. 15-237, October 14, 2015)
a)
In addition to the above and notwithstanding Section 4.8, for the
property located at 4427 Miles Road, an accessory structure with
habitable rooms shall also be permitted.
b)
In addition to the above and notwithstanding Section 4.8.1 b), for the
property located at 757 Old Highway 8, a maximum gross floor area
of 332.0 square metres for an accessory building shall be permitted.
(By-law No. 15-237, October 14, 2015)
(By-law No. 15-173, July 10, 2015)
196. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 61 of Schedule "A" - Zoning Maps and described as 100
Concession 5 Road East, a compressor station and accessory uses for the
transportation and distribution of petroleum resources shall also be permitted.
(By-law No. 15-173, July 10, 2015)
197. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 71 of Schedule "A" - Zoning Maps and described as 910 Brock Road, a Child
Care Centre shall also be permitted and shall be in accordance with Section
12.2.3.7 c), d), e), f), i) and j).
(By-law No. 15-173, July 10, 2015)
(By-law No. 25-155, August 06, 2025)
198. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone,
identified on Map 78 of Schedule "A" - Zoning Maps and described as part of 921
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-101
Lynden Road, a wholesale warehouse for the distribution of dental supplies shall
also be permitted and shall be in accordance with Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
199. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 138 of Schedule "A" - Zoning Maps and described as part
of 1064 and 1070 Highway 8, a recreational vehicle dealership and motor vehicle
dealership shall also be permitted.
(By-law No. 15-173, July 10, 2015)
200. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 138 of Schedule "A" - Zoning Maps and described as 929 Highway 8,
three dwelling units and buildings accessory thereto and the teaching of voice and
music within the main residence as an accessory use thereto shall also be
permitted and shall be in accordance with Section 12.1.3.3 c), d), e), f), i) and j).
(By-law No. 15-173, July 10, 2015)
201. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 157 of Schedule "A" - Zoning Maps and described as 648 Alberton Road,
the following special provisions shall apply:
a)
The following use shall also be permitted:
seed storage and distribution business
b)
The following regulations shall apply to the use identified in
a) above:
i)
A minimum of 2 parking spaces shall be provided;
ii)
A maximum gross floor area of 980.0 square metres shall be
permitted.
iii)
In accordance with Section 12.1.3.1 b), c), d), f), g) and h).
(By-law No. 15-173, July 10, 2015)
202. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 201 of Schedule "A" - Zoning Maps and described as 4262
Highway 6, the following uses shall also be permitted:
a)
Existing commercial use (meat store);
b)
Existing single detached dwelling; and,
c)
Existing barn, as an accessory building to either or both a) and b)
above.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-102
203. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 146 of Schedule "A" - Zoning Maps and described as part
of 558 Fiddler's Green Road, heating fuel storage shall also be permitted.
(By-law No. 15-173, July 10, 2015)
204. In addition to Section 12.1.1 and Section 5.6 c), on those lands zoned Agriculture
(A1) Zone, identified on Map 179 of Schedule "A" - Zoning Maps and described
as part of 6065 Dickenson Road East, the following special provisions shall also
apply:
a)
The following uses shall also be permitted:
i)
an equestrian centre, which may include, horses, stables and
indoor riding arenas with viewing area, and ancillary uses,
including administration facilities;
ii)
a restaurant;
iii)
short term overnight accommodation facilities to be used in
association with equestrian activities;
iv)
parking area and buildings and structure accessory thereto.
b)
The following regulations shall apply to the uses identified in a)
above:
i)
On-site parking spaces shall be provided at the minimum
standard of one (1) parking space for every three (3) horse
stalls plus one (1) parking space for every two (2) employees
plus one (1) parking space for every four (4) persons that can
be accommodated in the restaurant at any one time
(maximum designed capacity).
ii)
The maximum gross floor area of the restaurant, including the
kitchen, storage and public areas, shall be 242.0 square
metres.
iii)
The maximum gross floor area of the short term overnight
accommodation facilities shall be 242.0 square metres and
the maximum designed capacity shall be 16 beds.
iv)
In accordance with Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
205. In addition to Section 7.4.2 and notwithstanding Section 7.4.2 a), on those lands
zoned Open Space (P4) Zone, identified on Map 187 of Schedule "A" - Zoning
Maps and described as the South East corner of Carluke Road West and Shaver
Road, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-103
a)
The minimum required front yard to a monument shall be 10.0
metres;
b)
The minimum required side and rear yard to a monument
shall be 3.0 metres;
(By-law No. 15-173, July 10, 2015)
206. In addition to Section 12.1.1 and notwithstanding Sections 12.1.3.1 and 5.6 c), on
those lands zoned Agriculture (A1) Zone, identified on Map 202 of Schedule "A" -
Zoning Maps and described as part of 8360 Leeming Road, the following special
provisions shall apply:
a)
The following uses shall also be permitted:
i)
an equestrian centre, which may include a horse stable, an
indoor riding arena with a viewing area, an outdoor riding
arena with a viewing area, an outdoor riding area and track,
and ancillary uses including administration and classroom
facilities;
ii)
a restaurant;
iii)
short term overnight accommodation facilities to be used in
association with equestrian activities;
iv)
parking area and buildings and structure accessory thereto.
b)
The following regulations shall apply to the use identified in a) i)
above:
i)
No stable, barn or other
building used to house
animals, and
no feed lot area or manure
storage area shall be
located:
1. closer
than
48.0
metres to the front lot
line or any street line;
2. closer
than
60.0
metres to any other lot
line; or
3. closer
than
150.0
metres
to
any
Residential
or
Institutional Zone, or to
any residential or
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-104
institutional use, except
the residential uses on the
subject lands.
ii)
No horse training track
shall be located:
1. closer than 3.0 metres
to the front lot line or
street line;
2. closer
than
30.0
metres (100 feet) to
any other lot line; or
3. closer than 30 metres
to any Residential or
Institutional Zone, or to
any
residential
or
institutional use, except
the residential uses on the
subject lands.
iii)
No other buildings shall be located closer than 15.0
metres to any lot line or street line.
c)
The following regulations shall apply to the use identified in a) ii) and
iii) above:
i)
The maximum gross floor area of the restaurant,
including the kitchen, storage and public areas, shall
be 280.0 square metres, and the maximum density
capacity shall be 100 persons.
ii)
The maximum gross floor area of the short term
overnight
accommodation
facilities,
including
bedrooms, washroom and common areas, shall be
745.0 square metres, and the maximum design
capacity shall be 50 persons.
iii)
In accordance with Section 12.1.3.1 b) through g).
d)
The following regulations shall apply to the uses identified in a) i), ii)
and iii) above:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-105
On-site parking spaces shall be provided at the minimum
standard of:
i)
One (1) parking space for each three (3) horse stalls;
plus
ii)
One (1) parking space for each 28.0 square metres or
fraction thereof of total gross floor area devoted to
short term overnight accommodation facilities; plus
iii)
One (1) parking space for each 9.3 square metres or
fraction thereof of total public floor area devoted to a
restaurant facility; plus
iv) One (1) parking space for each two (2) employees.
(By-law No. 15-173, July 10, 2015)
207. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 138 of Schedule "A" - Zoning Maps and described as 904
Highway 8, a convenience food store and an accessory dwelling unit shall also be
permitted.
(By-law No. 15-173, July 10, 2015)
208. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 66 of Schedule "A" - Zoning Maps and described as 1100
Highway 8, the following special provision shall apply:
a)
The following uses shall also be permitted:
i)
Motor Vehicle Service Station; and,
ii)
Restaurant.
(By-law No. 15-173, July 10, 2015)
209. In addition to Section 12.2.1and notwithstanding Sections 12.2.3.5 a), b), c) and
e), on those lands zoned Rural (A2) Zone, identified on Map 105 of Schedule "A"
- Zoning Maps and described as part of 381 Highway 8, the following special
provisions shall apply:
a)
The following uses shall also be permitted:
i)
Warehouse; and,
ii)
Agricultural Processing Establishment - Stand Alone,
including accessory Retail.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-106
b)
The following regulations shall apply to the uses identified in a)
above:
i)
Shall be subject to the regulations contained within Section
12.2.3.1 b), c), d) and g).
ii)
Maximum Lot Coverage
50 percent
iii)
In addition, the use identified within a) ii) above shall also be
subject to Section 12.2.3.5 d).
(By-law No. 15-173, July 10, 2015)
210. Notwithstanding Sections 12.2.3.6 b) i) and c), on those lands zoned Rural (A2)
Zone, identified on Maps 59 and 71 of Schedule "A" - Zoning Maps and described
as 905 and 929 Brock Road, the following special provisions shall apply:
a)
The following regulations shall apply to a Kennel:
i)
Minimum Setbacks
Any buildings or structures
associated with a Kennel shall
be setback a minimum of 20.0
metres from any lot line.
ii)
Maximum Gross Floor Area
2,800.0 square metres
(By-law No. 15-173, July 10, 2015)
211. Notwithstanding Section 7.6.2.3 a) i), on those lands zoned Conservation/Hazard
Land - Rural (P6) Zone, identified on Map 6 of Schedule "A" - Zoning Maps and
described as part of 15 Timberrun Court, a Single Detached Dwelling on a vacant
lot shall also be permitted.
(By-law No. 15-173, July 10, 2015)
212. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 90 of Schedule "A" - Zoning Maps and described as 556
Woodhill Road, Manufacturing shall also be permitted.
(By-law No. 15-173, July 10, 2015)
213. Notwithstanding Section 12.3.3 a), on those lands zoned Settlement Residential
(S1) Zone, identified on Map 42 of Schedule "A" - Zoning Maps and described as
part of 1605 Kirkwall Road, the Minimum Lot Area shall be 0.55 hectares.
(By-law No. 15-173, July 10, 2015)
214. Notwithstanding Sections 4.5 and 12.1.1, on those lands zoned Agriculture (A1)
Zone, identified on Maps 131, 132, 143 and 144 of Schedule "A" - Zoning Maps,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-107
and described as part of 1440 and 1450 Jerseyville Road West, a maximum of 2
single detached dwellings shall be permitted on one lot.
(By-law No. 15-173, July 10, 2015)
215. In addition to Section 12.1.1 and notwithstanding Sections 12.1.3.2 g) and 5.6 c)
and the definition of a Kennel, on those lands zoned Agriculture (A1) Zone,
identified on Map 85 of Schedule "A" - Zoning Maps and described as part of 548
Millgrove Side Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i) Kennel, Accessory to an agricultural use; and,
ii) Accessory Retail for a Kennel, occupying no greater than 5
percent of the gross floor area.
b)
For the purposes of Special Exception No. 215 the following
definition shall apply:
Kennel
Shall mean any lot, building or
structure used at any time for the
breeding,
raising,
keeping,
training, grooming or boarding of
four or more cats.
c)
The following regulations shall apply to a Kennel:
i)
Maximum of 120 cats;
ii)
The maximum gross floor area for all buildings and structures
devoted to a Kennel use shall be 300.0 square metres;
iii)
Minimum Front Yard
15.0 metres;
iv)
Maximum Front Yard
17.0 metres;
v)
Minimum parking requirements
for a Kennel
4 parking spaces;
(By-law No. 15-173, July 10, 2015)
216. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 58 of Schedule "A" - Zoning Maps and described as part of 850 Concession
6 West, the following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-108
a)
The following uses shall also be permitted:
i) Motor Vehicle Service Station, including body and fender repairs;
and,
ii) Motor Vehicle Dealership.
(By-law 22-084, April 13, 2022)
b)
The uses identified in a) above shall be subject to the
regulations contained within Section 12.2.3.1 b), c), d), e), and g).
(By-law No. 15-173, July 10, 2015)
217. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Maps 24 and 25 of Schedule "A" - Zoning Maps and described as part of 963
Regional Road 97, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i) Motor Vehicle Service Station;
ii) Motor Vehicle Dealership, excluding sale of new motor vehicles;
and,
iii) Salvage yard.
(By-law No. 22-084, April 13, 2022)
b)
The uses identified in a) above shall be subject to the
regulations contained within Section 12.2.3.1 b), c), d), e), and g).
(By-law No. 15-173, July 10, 2015)
218. In addition to Section 12.7.1, on those lands zoned Existing Industrial (E2) Zone,
identified on Maps 84, 94 and 95 of Schedule "A" - Zoning Maps and described,
in part, as 600 Highway 5 West, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i) an aggregate processing area;
ii) ready mix concrete plant;
iii) lime manufacturing plant;
iv) vehicle maintenance facilities;
v) parking, office and shipping facilities; and,
vi) accessory uses including aggregate storage, berms, aggregate
recycling facilities, crushing and screening, washing, stockpiling,
ponds, water management, maintenance shop, laboratory
facilities, emission control devices, conveyors, and outdoor
storage.
b)
Section 12.7.3 (g) and (i) shall not apply to the subject lands.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-109
c)
Notwithstanding Section 12.7.3 e), the minimum rear yard for the
lands located at 600 Highway 5 West shall be 3.0 m.
d)
Notwithstanding Section 12.7.3 f), the maximum building height
shall be 25.0 m.
(By-law No. 15-173, July 10, 2015)
219. In addition to Section 9.12.1, on those lands zoned Extractive Industrial (M12)
Zone, identified on Maps 70, 71, 82 and 83 of Schedule "A" - Zoning Maps and
described as part of 685 Brock Road and 807 Brock Road, concrete and asphalt
mix manufacturing shall also be permitted and shall be in accordance with Section
9.12.3.4.
(By-law No. 15-173, July 10, 2015)
220. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 36 of Schedule "A" - Zoning Maps and described as 609 Safari Road, the
following special provisions shall also apply:
a)
The following uses shall also be permitted:
i) automobile repair shop, including accessory motor vehicle sales;
and,
ii) custom workshop.
b)
The following regulations shall apply to the uses identified in a)
above:
i) The maximum gross floor area for the automobile repair shop
shall be 185.8 square metres.
ii) The maximum gross floor area for the custom workshop shall be
371.6 square metres.
iii) In accordance with Section 12.2.3.1 b), c), d), e), and g).
(By-law No. 15-173, July 10, 2015)
221. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Maps 24 and 25 of Schedule "A" - Zoning Maps and described as part of 955
Regional Road 97, the following special provisions shall also apply:
a)
The following use shall also be permitted:
trucking operation
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-110
b)
The use identified in a) above shall be subject to the
regulations contained within Section 12.2.3.1 b), c), d), e), and g).
(By-law No. 15-173, July 10, 2015)
222. Notwithstanding Section 7.8.1 and Section 7.8.2, on those lands zoned
Conservation/Hazard Land - Rural (P8) Zone, identified on Map 152 of Schedule
"A" - Zoning Maps and described as part of 490 Fifth Road East, the following
special provisions shall also apply:
a)
The following use shall also be permitted:
Single Detached Dwelling
b)
The following regulations shall apply to use identified in a) above:
i)
Minimum front yard
7.5 metres from the boundary
of the "P8, 222" Zone
ii)
Minimum side yard
7.5 metres from the boundary
of the "P8, 222" Zone
iii)
Minimum rear yard
7.5 metres from the boundary
of the "P8, 222" Zone
iv)
Outside storage
No outside storage shall be
permitted
v)
Minimum parking requirements
2 spaces, one of which may be
located in the required front
yard
vi)
Maximum building height
11 metres
vii) Minimum
elevation
for
any
building openings
193.15 metres geodetic
(By-law No. 15-173, July 10, 2015)
223. Notwithstanding Section 7.8.1 and Section 7.8.2, on those lands zoned
Conservation/Hazard Land - Rural (P8) Zone, identified on Map 152 of Schedule
"A" - Zoning Maps and described as part of 520 Fifth Road East, the following
special provisions shall also apply:
a)
The following use shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-111
Single Detached Dwelling
b)
The following regulations shall apply to use identified in a) above:
i)
Minimum front yard
10.0 metres from the boundary
of the "P8, 223" Zone
ii)
Minimum side yard
10.0 metres from the boundary
of the "P8, 223" Zone
iii)
Minimum rear yard
10.0 metres from the boundary
of the "P8, 223" Zone
iv)
Outside storage
No outside storage shall be
permitted
v)
Minimum parking requirements
2 spaces, one of which may be
located in the required front
yard
vi)
Maximum building height
11 metres
vii) Minimum
elevation
for
any
building openings
193.15 metres geodetic
(By-law No. 15-173, July 10, 2015)
224. In addition to Section 12.6.1, on those lands zoned Existing Rural Commercial (E1)
Zone, identified on Map 84 of Schedule "A" - Zoning Maps and described as 557
Highway No. 5, the following uses shall also be permitted:
a)
Commercial Motor Vehicle Sales, Rental and Service
Establishment;
b)
fruit and vegetable market;
c)
Garden Centre;
d)
Motor Vehicle Dealership;
e)
Manufacturing; and,
f)
Restaurant.
(By-law No. 15-173, July 10, 2015)
(By-law 22-084, April 13, 2022)
225. Within the lands zoned City Wide Park (P3) Zone, identified on Map 26 of Schedule
"A" - Zoning Maps, and described as part of 159 - 165 Carlisle Road, the following
special provisions shall also apply:
a) Notwithstanding Subsection 7.3.1, only the following uses shall be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-112
i. Recreation
ii. Single Detached Dwelling, existing on the date of passing of this By-law
(July 10, 2015)
(By-law No. 18-219, August 17, 2018)
226. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 85 of Schedule "A" - Zoning Maps and described as part of 533 Millgrove
Side Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i) A second dwelling unit within the existing building;
ii) gift shop;
iii) restaurant;
iv) place of assembly;
v) fruit or vegetable market, selling produce grown on the property
and/or local farms; and,
vi) An ancillary petting zoo.
b)
The uses identified in a) above shall be subject to the regulations
contained within Section 12.1.3.1 b) through h).
(By-law No. 15-173, July 10, 2015)
227. In addition to Sections 12.2.2 and 12.2.3, on those lands zoned Rural (A2) Zone,
identified on Map 204 of Schedule "A" - Zoning Maps and described as part of
3075 Tisdale Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
Place of Worship
b)
The following regulation shall also apply to the use identified in a)
above:
i)
The minimum setback for any buildings or structures shall
be 16.0 metres from the barn on the abutting property to
the north.
ii)
Maximum Gross Floor
Area
1,340 square metres
iii)
Minimum
Landscaped
Open Space
10 percent
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-113
iv)
Minimum Planting Strip
3.0 metre width across all lot
lines adjacent to a street except
for point of ingress and egress.
v)
Parking shall be provided in accordance with Section 5.6c)
ii).
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
228. In addition to the Section 12.7.1 and notwithstanding Section 12.7.3 i), on those
lands zoned Existing Rural Industrial (E2) Zone, identified on Map 92 of Schedule
"A" - Zoning Maps and described as 466 Highway 52, 489 Highway 8 and 1379
Highway 5 West, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i) Accessory Outdoor Storage;
ii) Commercial
Motor
Vehicle
Sales,
Rental
and
Service
Establishment;
iii) Concrete Batching Plant;
iv) Manufacturing;
v) Office;
vi) the blending, sale and storage of fertilizers;
vii) the sale and servicing of lawn and garden and industrial
equipment; and,
viii)Transport Terminal.
b)
In addition to a) above, for the property located at 1379
Highway 5 West, the following uses shall also be permitted:
i) fuel depot;
ii) Motor Vehicle Collision Repair Establishment;
iii) Towing Establishment; and,
iv) Warehouse.
c)
For the purposes of Special Exception 228 the following
definition shall apply:
Concrete Batching Plant Shall mean a plant where dry materials
are weighted, batched and distributed to trucks as part of the process
to produce concrete. The dry material may be mixed with the water
in the truck or mixed with water in a stationary mixer prior to being
distributed to the truck.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-114
d)
Section 12.7.3 i) shall not apply to the subject lands.
(By-law No. 15-173, July 10, 2015)
229. In addition to Section 12.1.1 and Section 7.7.1, on those lands zoned Agriculture
(A1) Zone and Conservation/Hazard Land - Rural (P7) Zone, identified on Map 45
of Schedule "A" - Zoning Maps and described as part of 1233 Safari Road, a
Medical Clinic with a maximum of one health care professional shall also be
permitted within a Single Detached Dwelling.
(By-law No. 15-173, July 10, 2015)
230. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Map 91 of Schedule "A" - Zoning Maps and described as 634
Valens Road, a lumber supply establishment shall also be permitted.
(By-law No. 15-173, July 10, 2015)
231. In addition to Section 12.6.1 and notwithstanding Section 12.6.3, on those lands
zoned Existing Rural Commercial (E1) Zone, identified on Map 190 of Schedule
"A" - Zoning Maps and described as 3761 Highway No. 6, the following special
provisions shall also apply:
a)
The following uses shall also be permitted:
i)
Motor Vehicle Sales and Rental Establishment;
ii)
Motor Vehicle Service Station; and,
iii)
Restaurant.
b)
For the purposes of Special Exception 231 the following definition
shall apply:
Motor Vehicle Sales and
Rental Establishment
The use of land, building or
structure, or part thereof, where
Motor Vehicles or parts for such
vehicles
are
stored
and
displayed for the purpose of
sale, lease, or rental.
c)
The following regulations shall apply to the uses identified in a)
above:
i)
Maximum Height
10.7 metres;
ii)
Maximum Lot Coverage
23 percent;
iii)
Minimum
Front
Yard
Setback
14.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-115
iv)
Minimum
Rear
Yard
Setback
18.0 metres;
v)
Minimum Northerly Side
Yard Setback
1.5 metres;
vi)
Minimum Southerly Side
Yard Setback
6.0 metres;
vii)
Minimum
Parking
Requirements
In accordance with the
requirements of Section 5
of this By-law;
viii) Minimum
Loading
Requirements
In accordance with the
requirements of Section 5
of this By-law;
ix)
Minimum
Landscaping
Requirements
A landscaped area having
a minimum width of 3.0
metres shall be provided
and thereafter maintained
adjacent to every portion
of any lot line that abuts a
street, and such area shall
be continuous except for
the required driveway(s);
x)
Outside Storage
Outside storage shall not
be
permitted.
Notwithstanding
the
foregoing, the parking of
Motor Vehicles awaiting
repair at a Motor Vehicle
Service Station shall be
permitted outside on the
premises.
(By-law No. 15-173, July 10, 2015)
232. In addition to Section 12.4.1, on those lands zoned Settlement Commercial (S2)
Zone, identified on Map 49 of Schedule "A" - Zoning Maps and described as 937
Centre Road, a Commercial School shall also be permitted.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-116
233. Notwithstanding Section 12.4.3, on those lands zoned Settlement Commercial
(S2) Zone, identified on Map 27 of Schedule "A" - Zoning Maps and described as
1442 Centre Road, permitted uses shall only be permitted within the Existing
building.
(By-law No. 15-173, July 10, 2015)
234. Notwithstanding Section 12.2.3.7 a), on those lands zoned Rural (A2) Zone and
Conservation/Hazard Land - Rural (P7) Zone, identified on Maps 10 and 17 of
Schedule "A" - Zoning Maps and described 1, 2, 5, 6, 9, 10, 14, 15, 17, 18, 21 and
22 Stonebury Place, the following special provision shall also apply:
a)
The following regulation shall apply for a Single Detached Dwelling:
i)
Minimum Lot Area
1.0 ha
(By-law No. 15-173, July 10, 2015)
235. Notwithstanding Section 12.2.3.7 a) and Section 12.2.3.7 b), on those lands zoned
Rural
(A2)
Zone,
Conservation/Hazard
Land
-
Rural
(P7)
and
Conservation/Hazard Land - Rural (P8) Zone, identified on Maps 20, 21, 30 and
31 of Schedule "A" - Zoning Maps and described as 1, 5, 9, 13, 17, 21, 25, 29, 33,
37, 40, 44, 48 and 52 Pioneer Way and 2030, 2048 and 2058 Concession 10 West,
the following special provision shall apply:
a)
The following regulations shall apply for a Single Detached Dwelling:
i)
Minimum Lot Area
0.6 ha
ii)
Minimum Lot Width
36.0 metres
(By-law No. 15-173, July 10, 2015)
236. Notwithstanding Section 7.4.1, Section 7.4.2, Section 7.6.1 and Section 7.6.2, on
those lands zoned Open Space (P4) Zone and Conservation/Hazard Land - Rural
(P6) Zone, identified on Maps 205 and 213 of Schedule "A" - Zoning Maps and
described as part of 2527 Binbrook Road, the following special provisions shall
apply:
a)
Only the following use shall be permitted:
Golf Course with a maximum of 18 holes
b)
The following regulations shall apply to the use identified in a) above:
i)
Minimum clubhouse setback
from Regional Road 56
150.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-117
ii)
Minimum setback for all golf
tees,
fairways,
greens
and
practice areas from any lot line
30.0 metres;
iii)
Minimum
landscaped
area
width adjacent to a residential
use
10.0 metres;
iv)
Buffering,
screening
and/or
fencing
Shall be provided adjacent to
every lot line that abuts an
agricultural use;
v)
Principal public access to the
Golf Course facilities
Shall be restricted
to Regional Road 56.
(By-law No. 15-173, July 10, 2015)
237. In addition to Section 12.5.1, on those lands zoned Settlement Institutional (S3)
Zone, identified on Map 62 of Schedule "A" - Zoning Maps and described as part
of 715 Centre Road, a convent shall also be permitted.
(By-law No. 15-173, July 10, 2015)
238. Notwithstanding Section 7.2.1 and Section 7.2.2, on those lands zoned Community
Park (P2) Zone, identified on Map 95 of Schedule "A" - Zoning Maps and described
as part of 71 Tews Lane, no development shall be permitted.
(By-law No. 15-173, July 10, 2015)
239. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Maps 84 and 95 of Schedule "A" - Zoning Maps and described
as 419, 433, 437, 441, 451, 459, 465 and 477 Ofield Road South and 588 Highway
No. 5 West, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
Building and Lumber Supply Establishment;
ii)
Commercial Motor Vehicle Sales, Rental and Service
Establishment;
iii)
Equipment and Machinery Sales, Rental and Service
Establishment;
iv)
Existing Social Services Establishment;
v)
Manufacturing;
vi)
Office;
vii)
Transport Terminal; and,
viii)
Warehouse.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-118
b)
Notwithstanding Sections 12.7.3 (f) and (i), the following regulations
shall apply to the property located at 588 Highway No. 5 West:
i)
Maximum height of silo
24.4 metres
ii)
Maximum height of all other
buildings and structures
18.2 metres
iii)
Open storage shall be permitted in the front yard at a minimum
horizontal distance of 9.14 m from the front lot line and no planting
strip shall be required for the open storage areas.
(By-law No. 15-173, July 10, 2015)
240. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Maps 5 and 9 of Schedule "A" - Zoning Maps and described as 341 Mountsberg
Road, the following special provisions shall apply:
a)
The following use shall also be permitted:
Existing Accessory Building
b)
The following regulations shall also apply for the Existing Accessory
Building:
i)
Minimum Front Yard
10.0 metres;
ii)
Maximum Height
10.0 metres.
c)
For the purposes of Special Exception 240 the following definition
shall apply:
Existing Accessory Building
Shall mean a detached building or
structure which:
(i)
is used for an accessory use;
(ii)
cannot contain food preparation facilities;
(iii) cannot be used for human habitation; and
(iv) includes a detached garage, detached carport and deck.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-119
241. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 182 of Schedule "A" - Zoning Maps and described as part of 340 Regional
Road 20, the following special provisions shall also apply:
a)
The following use shall also be permitted:
landscape contracting operation
b)
The following regulations shall apply to the use identified in a) above:
i)
Maximum Gross Floor Area
618.0 square metres
ii)
Outside Storage
Shall not exceed an area of
8,094 square metres
iii)
Minimum Lot Area being used
for Agricultural production
22.2 hectares
(By-law No. 15-173, July 10, 2015)
242. In addition to Section 12.1.1 and notwithstanding Sections 12.1.3.1 and 5.6 c), on
those lands zoned Agriculture (A1) Zone, identified on Map 196 of Schedule "A" -
Zoning Maps and described as part of 420 Westbrook Road, the following special
provisions shall apply:
a)
The following uses shall also be permitted as accessory uses to the
Agricultural operation on the other lands included within the existing
lot:
i)
Sale of produce and trees grown on site;
ii)
Sale of farm and garden supplies;
iii)
Sale and repair of farm machinery;
b)
The following regulations shall apply to the uses identified in a)
above:
i)
Minimum Frontage
30.0 metres;
ii)
Maximum Flankage
200.0 metres;
iii)
Maximum Area
0.6 hectares;
iv)
Minimum Yard Adjacent to a
Street
15.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-120
v)
Minimum Building Setback from
Other Boundary Lines
7.5 metres;
vi)
Maximum Lot Coverage
25 percent
vii)
Maximum Building Height
10.7 metres;
viii) Minimum
Parking
Requirements
1. One (1) parking space
for every 45 square
metres of gross floor
area, with a minimum of
ten (10) parking spaces
shall be provided on-
site.
2. All parking areas shall
be setback a minimum
distance of 3.0 metres
from all streets and
boundary lines.
ix)
Minimum
Landscaping
Requirements
1. A
landscaped
area
having
a
minimum
width of 3.0 metres
shall be provided and
thereafter
maintained
adjacent to
every portion of the subject
lands that abuts Highway No.
20 and Westbrook Road.
2. All
portions
of
the
subject
lands
not
covered by buildings or
structures or not used for
driveways, parking, loading,
outside
storage
and/or
display,
walkways or cultivation, shall
be grassed or have other
suitable
vegetative
cover
designed
to
provide
an
attractive appearance.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-121
x)
Outside Display and Storage
The outside display and/or
storage
of
the
permitted
goods,
materials
and
equipment shall be setback a
minimum distance of 15.0
metres from any street line and
shall be setback a minimum
distance of
7.5 metres from all other
boundary lines.
xi)
Access
Shall
be
restricted
to
Westbrook Road.
(By-law No. 15-173, July 10, 2015)
243. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 62 of Schedule "A" - Zoning Maps and described as part of 619 Centre Road,
a stormwater management pond shall also be permitted.
(By-law No. 15-173, July 10, 2015)
244. In addition to Section 12.1.1 and notwithstanding Sections 12.1.3.1 and 5.6 c), on
those lands zoned Agriculture (A1) Zone, identified on Map 190 of Schedule "A" -
Zoning Maps and described as Part of Lot 8, Concession 5 (Glanford), the following
special provisions shall apply:
a)
The following uses shall also be permitted:
i)
A general office facility for a sod company;
ii)
Minor repair, maintenance and storage of sod-related
agricultural equipment;
b)
The following regulations shall apply to the uses identified in
a) above:
i)
Minimum Front Yard
45.0 metres;
ii)
Maximum Gross Floor Area of
the building
929.0 square metres;
iii)
Maximum Building Height
7.5 metres;
iv)
Minimum
Parking
Requirements
1. No parking space or
part thereof shall be
located and no land
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-122
shall be used for the
temporary parking of any
motor vehicle
at a distance of less than 22.5
metres from Airport Road and
7.5 metres from any other lot
lines.
2. The minimum number
of parking spaces shall
be one (1) space for
each 46.0 square metres of
gross floor area.
v)
Minimum
Landscaping
Requirements
1. A
landscaped
area
having
a
minimum
width of 22.5 metres
shall be provided and
thereafter
maintained
adjacent
to
Airport
Road
(except
the
driveway).
2. All portions of the lot not
covered by buildings or
structures or not used
for driveways, storage,
parking, walkways or
agricultural crops, shall be
grassed or have other suitable
vegetative cover designed to
provide an attractive
appearance.
vi)
Outside Storage Requirements
1. No
outside
storage
shall be permitted at a
distance of less than
45.0 metres from Airport Road.
2. All outside storage
shall be screened with
a solid fence with a
minimum height of 1.8 metres
and/or planting strip
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-123
consisting of coniferous trees
having a minimum initial
height
of 1.5 metres.
(By-law No. 15-173, July 10, 2015)
245. In addition to Section 7.4.1, on those lands zoned Open Space (P4) Zone,
identified on Map 16 of Schedule "A" - Zoning Maps and described as part of 58
12th Concession Road East, the following special provision shall apply:
a)
Only the following use shall be permitted:
i)
private sewage treatment plant with dispersal fields and water
distribution system.
(By-law No. 15-173, July 10, 2015)
246. In addition to Section 7.4.1 and notwithstanding Section 7.4.2 and Section 5, on
those lands zoned Open Space (P4) Zone, identified on Map 16 of Schedule "A" -
Zoning Maps and described as part of 58 12th Concession Road East, the
following special provisions shall also apply:
a)
For the purposes of Special Exception 246, a Seasonal Campground
may include as ancillary uses a residential dwelling for a manager of
the park, a recreational building or pavilion, excluding outdoor
entertainment facilities and amphitheater, with a convenience store,
an administrative office, utility buildings for maintenance equipment
and accessory sport fields without lighting.
b)
For the purposes of Special Exception 246, the following definition
shall apply:
Seasonal
The occupancy of individual
camping sites shall be permitted
only during the period between
April 15th to October 31st.
c)
The following regulations shall apply to a Seasonal Campground:
i)
The total number of recreational camping sites shall not exceed
100.
ii)
Minimum Lot Area
4.0 ha;
iii)
Maximum Lot Area
13.1 ha;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-124
iv)
Maximum Lot Coverage
0.5%;
v)
Minimum Front Yard
A seasonal trailer site shall not
be
permitted
within
94.0
metres of the front property
line;
vi)
Minimum Rear Yard
1. A seasonal trailer site
shall not be permitted
within 45.0 metres of
the rear property line
and shall include a 15.0
metre wide naturalized
planting strip.
2. A building for recreation
or
entertainment
purposes
or
park
offices,
garbage
enclosures and visitors
parking shall not be
permitted within 90.0
metres
of
the
rear
property line.
vii)
Minimum Side Yard
A seasonal trailer site shall not
be permitted within 7.6 metres
of the side property line.
viii) Parking
1. One parking space per
seasonal trailer site and
0.25
spaces
per
seasonal trailer site for
visitors.
2. Visitor parking shall be
provided in one or more
designated
parking
areas on the property.
3. Parking
spaces
for
camping sites or visitors
shall
have
minimum
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-125
dimensions of 2.6 X 5.5
metres.
ix)
Open Storage
No open storage shall be
permitted.
x)
Planting Strip
1. A planting strip shall not
be required along the
front property line.
2. A minimum 15.0 metre
wide
naturalized
planting strip shall be
provided along the rear
property line.
xi)
Minimum
Width of
Internal
Roads
6.0 metres for two way travel.
(By-law No. 15-173, July 10, 2015)
247. Notwithstanding Section 7.8.1, on those lands zoned Conservation/Hazard Land -
Rural (P8) Zone, identified on Map 16 of Schedule "A" - Zoning Maps and
described as part of 57 and 58 12th Concession Road East, the following special
provision shall apply:
a)
Only the following use shall be permitted:
i)
Conservation; and,
ii)
Any buildings or structures associated with flood or erosion
control, drainage or watercourse protection.
(By-law No. 15-173, July 10, 2015)
248. In addition to Section 12.2.1 and Section 12.2.2 and notwithstanding Section 5, on
those lands zoned Rural (A2) Zone, identified on Map 16 of Schedule "A" - Zoning
Maps and described as part of 57 12th Concession Road East, the following
special provisions shall apply:
a)
The following uses shall also be permitted:
i)
mobile home park;
ii)
clubhouse, accessory to the mobile home park, which may
include as ancillary uses to the park, administrative offices, a
convenience store, a hotel consisting of 20 suites, a
restaurant and tavern, a dining area, games room , fitness and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-126
leisure facilities including a pool, hot tub, sauna, showers, and
fitness room;
iii)
One manager's suite and two staff apartments, adjacent to the
existing clubhouse;
iv)
Maintenance, utility and storage buildings; and,
v)
Facilities for outdoor sports and leisure, including an outdoor
pool, hot tub, children's play area, volleyball and tennis courts,
and picnic areas.
b)
The use permitted in a) i) above, shall be subject to the removal of
Holding Provisions "H9" and "H10".
c)
The uses permitted in a) ii), iii), iv) and v) above, shall be subject to
the removal of Holding Provision "H9" only.
d)
The following regulations shall apply to the uses identified in a):
i)
The total number of mobile home sites shall not exceed 150.
ii)
Minimum Lot Area
3.0 ha;
iii)
Maximum Lot Area
19.4 ha;
iv)
Minimum Park and Place of
Recreation Area
12.4 % of Lot Area;
v)
Maximum Lot Coverage for
Clubhouse
1.5 % of the Lot;
vi)
Minimum Lot Frontage
106.0 metres;
vii)
Maximum Height
1. Existing Buildings
shall be recognized;
2. No new buildings or
additions shall exceed 11.0
metres.
viii) Minimum Front Yard
1. 15.0 metres for new
mobile home units;
2. Existing club house and
attached
residential
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-127
suits
shall
not
be
located closer than 25.0
metres from the front
property line.
ix)
Minimum Rear Yard
1. 15.0 metres for all new
buildings;
2. 8.5 metres for Existing
buildings.
x)
Minimum Side Yard
1. 15.0 metres for all new
buildings;
2. 6.5 metres for Existing
buildings.
xi)
Parking
1. One parking space per
mobile home site and
0.25 spaces per mobile
home site for visitor's
parking;
2. Visitor parking shall be
located only within a
designated parking
area on the property.
3. Parking spaces shall
have
minimum
dimensions of 2.6 X 5.5
metres.
xii)
Minimum
Width of
Internal
Roads
3.0 metres for one way travel
only.
e)
The following regulations shall apply to each individual mobile home
site:
i)
Minimum Lot Area
234.0 square metres;
ii)
Minimum Lot Frontage
4.1 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-128
iii)
Maximum Lot Coverage
1. Existing mobile home
units,
garages,
carports, and accessory
structures
shall
be
recognized;
2. Replacement
mobile
home units and all other
buildings or structures
shall not exceed the
lesser of 144.0 square
metres or 50% of the
total lot area.
iv)
Minimum Front Yard
1. Front Yard Setbacks for
existing mobile home
units, garages, carports
and structures shall be
recognized;
2. 1.5
metres
for
replacement
mobile
home units.
v)
Minimum Rear Yard
1. Rear Yard Setbacks for
existing mobile home
units,
garages,
carports and structures
shall be recognized;
2. 1.5
metres
for
replacement
mobile
home units and all other
buildings or structures,
except where noted in
d) ix) above.
vi)
Minimum Interior Side Yard
1. Interior
Side
Yard
Setbacks for existing
mobile
home
units,
garages, carports and
structures
shall
be
recognized;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-129
2. 1.5
metres
for
replacement
mobile
home units and all other
buildings or structures,
except where noted in
d) x) above.
vii)
Minimum Flankage Yard
1. Flankage
Yard
Setbacks for existing
mobile
home
units,
garages, carports and
structures
shall
be
recognized;
2. 1.5 metres for
replacement mobile
home units and all
other buildings or
structures, except
where noted in d) x)
above.
viii) Minimum Landscaped Open
Space
10%
ix)
Open Storage
No open storage shall be
permitted.
(By-law No. 15-173, July 10, 2015)
(By-law No. 21-189, October 13, 2021)
249. In addition to Sections 12.2.1 and 12.7.1, on those lands zoned Rural (A2) Zone
and Existing Rural Industrial (E2) Zone, identified on Map 48 of Schedule "A" -
Zoning Maps and described as part of 1046, 1055, 1056 and 1064 Highway 6, the
following uses shall also be permitted:
a) Commercial Motor Vehicle Sales, Rental and Service Establishment;
b) Manufacturing; and,
c) Warehouse.
d) The following regulations shall apply to the uses identified in a) above:
i) In accordance with Section 12.7.3.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-130
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
250. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 120 of Schedule "A" - Zoning Maps and described as part of 1974
Concession 2 West, the following provisions shall also apply:
a) The following uses shall also be permitted:
i)
Private School.
b) Sections 12.1.3.1b) through g) shall apply for a Private School; and,
c) Parking shall be provided in accordance with Section 5.6 c)iii).
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
251. In addition to Section 12.1.1, on those lands zoned Agriculture (A1) Zone, identified
on Map 120 of Schedule "A" - Zoning Maps and described as part of 1974
Concession 2 West, a pet cemetery shall also be permitted and shall be subject to
Section 12.1.3.1 b) through g).
(By-law No. 15-173, July 10, 2015)
252. In addition to Section 12.7.1, on those lands zoned Existing Rural Industrial (E2)
Zone, identified on Maps 70 on Schedule "A" - Zoning Maps and described as
1072 5th Concession Road West, a towing operation shall also be permitted.
(By-law No. 15-173, July 10, 2015)
253. In addition to Sections 12.1.1, 12.2.1, 12.3.1, 12.6.1, 7.4.1, 7.6.1 and 7.7.1 on
those lands zoned Agriculture (A1) Zone, Rural (A2) Zone, Settlement Residential
(S1) Zone, Existing Rural Commercial (E1) Zone, Open Space (P4) Zone,
Conservation/Hazard Land - Rural (P6) Zone and Conservation/Hazard Land -
Rural (P7) Zone, identified on Maps 25, 27, 35, 39, 45, 46, 47, 48, 49, 50, 58, 60,
61, 66, 69, 70, 71, 72, 73, 80, 82, 84, 110, 111, 112, 113, 122, 131, 132, 141, 143,
144, 146, 156, 173 and 186 on Schedule "A" - Zoning Maps and described as
addresses:
Property
Map(s)
Special Exception Area
Part of 3517 Indian Trail
Map 141
6,520 square metres (0.65 Ha)
Part of 534 Concession 5 West
Maps 60 and 72
19,205 square metres (1.92 Ha)
and set back 137 metres from
Concession 5 West
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-131
Property
Map(s)
Special Exception Area
Part of 1431 Centre Road
Map 27
1,690 square metres (0.17 Ha) and
set back 44 metres from Centre
Road
Two Parts of 183 Orkney Road
Map 112
9,153 square metres (0.91 Ha)
Part 1 - 562 square metres (0.05
Ha) and set back 36 set back
metres from Orkney Road
Part 2 - 8,591 square metres (0.86
Ha) and set back 20 metres from
Orkney Road
Part of 682 Ofield Road North
Map 72
1,630 square metres (0.16 Ha) and
set back 150 metres from
Concession 4 West
Part of 1 Karendale Crescent
Map 25
986 square metres (0.1 Ha)
Part of 1299 Highway 6 North
Map 47
1,411 square metres (0.14 Ha)
Two Parts of 912 Beeforth
Road
Map 39
10,971 square metres (1.1 Ha)
Part 1 - 2,973 square metres (0.3
Ha) and set back 67 metres from
Beeforth Road
Part 2 - 7,998 square metres (0.80
Ha) and set back 243 metres from
Beeforth Road
Part of 262 Lynden Road
Map 111
2,413 square metres (0.24 Ha)
Part of 313 Sunnyridge Road
Map 156
1,920 square metres (0.19 Ha) and
set back 59 metres from
Sunnyridge Road
Part of 561 Concession 5 Road
West
Map 60
4,705 square metres (0.47 Ha) and
set back 25 metres from
Concession 5 West
Part of 658 Concession 5 Road
West
Map 71
17,789 square metres (1.78 Ha)
Part of 72 Shelton Lane
Map 72
20,290 square metres (2.03 Ha)
Part of 728 Highway 6
Map 73
6,934 square metres (0.69 Ha) and
set back 118 metres from Highway
6
Part of 996 Jerseyville Road
West
Maps 132 and
144
29,393 square metres (2.94 Ha)
and set back 229 metres from
Jerseyville Road West
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-132
Property
Map(s)
Special Exception Area
Part of 98 Concession 7 Road
East
Map 48
1,353 square metres (0.14 Ha) and
set back 144 metres from
Concession 7 East
Part of 877 Westover Road
Map 69
1,851 square metres (0.19 Ha) and
set back 20 metres from Westover
Road
Part of 148 Concession 6 Road
East
Maps 49
5,788 square metres (0.58 Ha) and
set back 125 metres from
Concession 6 Road East
Part of 11 Parkside Drive
Map 73
15,475 square metres (1.55 Ha)
Part of 631 Robson Road
Map 50
5,810 square metres (0.58 Ha) and
set back 85 metres from Robson
Road
Part of 1650 Powerline Road
West
Map 131
2,841 square metres (0.28 Ha) and
set back 126 metres from Power
Line Road West
Two Parts of 1420 Concession
2 Road West
Map 113
9,862 square metres (0.99 Ha)
Part 1 - 4,137 square metres (0.41
Ha)
Part 2 - 5,725 square metres (0.57
Ha) and set back154 metres from
Concession 2 West
Part of 751 Middletown Road
Map 82
1,019 square metres (0.1 Ha) and
set back 86 metres from
Middletown Road
Part of 460 Highway 5 West
Map 84
7,756 square metres (0.78 Ha) and
set back 17 metres from Highway 5
West
Part of 1326 Butter Road West
Maps 173 and
186
22,101 square metres (2.21 Ha)
and set back 65 metres from Butter
Road West and 192 metres from
Trinity Road South
Part of 1441 Jerseyville Road
West
Map 132
1,354 square metres (0.14 Ha) and
set back 113 metres from
Jerseyville Road West
Part of 510 Ofield Road North
Map 84
1,869 square metres (0.19 Ha) and
set back 162 metres from Ofield
Road North and 174 metres from
Highway No. 5 West
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-133
Property
Map(s)
Special Exception Area
Part of 65 Concession 6 Road
East
Map 48
1,220 square metres (0.12 Ha) and
set back 176 metres from
Concession 6 East
Part of 797 Concession 8 Road
West
Map 35
307 square metres (0.03 Ha) and
set back 48 metres from
Concession 8 West
Part of 940 Concession 5 Road
West
Map 70
1,702 square metres (0.17 Ha) and
set back 57 metres from
Concession 5 West
Part of 1182 Brock Road
Map 46
1,373 square metres (0.14 Ha) and
set back 76 metres from Brock
Road
Part of 143 Concession 6 Road
East
Map 49
868 square metres (0.09 Ha) and
set back 33 metres from
Concession 6 East
Part of 1049 Concession 6
Road West
Map 58
1,503 square metres (0.15 Ha) and
set back 118 metres from
Concession 6 West
Part of 181 Concession 6 Road
East
Map 49
40,658 square metres (4.07 Ha)
and set back 557 metres from
Concession 6 Road East
Part of 136 Concession 5 Road
East
Map 61
20,446 square metres (2.04 Ha)
Part of 598 Middletown Road
Maps 82 and 93 20,464 square metres (2.05 Ha)
and set back 46 metres from
Concession 4 West and 102
metres from Middletown Road
Part of 367 Highway 5 West
Map 84
8,800 square metres (0.88 Ha) and
set back 74 metres from Highway 5
West
Part of 888 Beeforth Road
Map 39
6,078 square metres (0.61 Ha) and
set back 160 metres from Beeforth
Road
Part of 44 Garner Road East
Map 146
1,979 square metres (0.20 Ha) and
set back 123 metres from Garner
Road West and 182 metres from
Fiddler's Green Road
(By-law No. 15-238, October 14, 2015)
Part of 1765 Sawmill Road
Map 173
1,250 square metres (0.12 Ha) and
set back 24 metres from Sawmill
Road
(By-law No. 15-238, October 14, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-134
Property
Map(s)
Special Exception Area
Part of 3363 Jerseyville Road
West
Map 141
5,494 square metres (0.55 Ha) and
set back 175 metres from
Jerseyville Road West
(By-law No. 15-238, October 14, 2015)
Part of 2288 Troy Road
Map 110
776 square metres (0.08 Ha)
(By-law No. 15-238, October 14, 2015)
Part of 1288 Brock Road
Map 46
1,109 square metres (0.11 Ha)
Part of 1434 Middletown Road
Map 45
2,691 square metres (0.27 Ha) and
set back 74 metres from
Middletown Road
(By-law No. 15-238, October 14, 2015)
Two Parts of 2532 Governors
Road
Map 122
13,857 square metres (1.38 Ha)
Part 1 - 3,998 square metres (0.40
Ha) and set back 89 set back
metres from Governors Road
Part 2 - 9,859 square metres (0.98
Ha) and set back 310 metres from
Governors Road
(By-law No. 15-238, October 14, 2015)
Part of 1911 Jerseyville Road
West
Map 143
2,209 square metres (0.22 Ha)
(By-law No. 15-238, October 14, 2015)
Part of 1480 Concession 2
Road West
Map 113
925 square metres (0.09 Ha) and
set back 49 metres from
Concession 2 Road West
(By-law No. 15-238, October 14, 2015)
Part of 627 Concession 6 Road
West
Map 47
9,350 square metres (0.93 Ha) and
set back 149 metres from
Concession 6 Road West
(By-law No. 15-238, October 14, 2015)
Part of property on southwest
corner of Concession 5 Road
West and Valens Road
Map 80
18,196 square metres (1.82 Ha)
(By-law No. 15-238, October 14, 2015)
Part of 861 Brock Road
Map 71
2,679 square metres (0.27 Ha)
Part 1 - 1,760 square metres (0.17
Ha) and set back 44 metres set
back metres from Brock Road
Part 2 - 919 square metres (0.09
Ha) and set back 49 metres from
Brock Road
(By-law No. 15-238, October 14, 2015)
Part of 1117 Highway 8
Map 66
8,400 square metres (0.84 Ha)
(By-law No. 15-238, October 14, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-135
Property
Map(s)
Special Exception Area
Part of 1414 Concession 4
Road West
Map 92
1,735 square metres (0.17 Ha) and
set back 328 metres from
Concession 4 Road West
(By-law No. 15-238, October 14, 2015)
Two Parts of 928 Regional
Road 97
Map 25
1,298 square metres (1.38 Ha)
Part 1 - 931 square metres (0.09
Ha) and set back 57 set back
metres from Regional Road 97
Part 2 - 367 square metres (0.98
Ha) and set back 129 metres from
Regional Road 97
(By-law No. 15-238, October 14, 2015)
Part of 43 Concession 7 Road
East
Map 48
2,429 square metres (0.24 Ha) and
set back 47 metres from
Concession 7 Road East
(By-law No. 15-238, October 14, 2015)
Part of 470 Concession 5 Road
West
Map 60
3,242 square metres (0.32 Ha) and
set back 61 metres from
Concession 5 Road West
(By-law No. 15-238, October 14, 2015)
Part of 85 Concession 6 Road
East
Map 49
1,687 square metres (0.17 Ha) and
set back 65 metres from
Concession 6 Road East
(By-law No. 15-238, October 14, 2015)
Part of 240 and 246 Concession
6 Road East
Map 49
3,811 square metres (0.38 Ha) and
set back 78 metres from
Concession 6 Road East
(By-law No. 15-238, October 14, 2015)
Part of 435 Concession 4 Road
West
Map 72
2,271 square metres (0.23 Ha) and
set back 52 metres from
Concession 4 Road West
(By-law No. 15-238, October 14, 2015)
Part of 609 Robson Road
Map 50
2,353 square metres (0.23 Ha) and
set back 71 metres from Robson
Road
(By-law No. 15-238, October 14, 2015)
Part of 414 Concession 5 Road
West
Map 60
2,126 square metres (0.21 Ha) and
set back 39 metres from
Concession 5 Road West
(By-law No. 15-238, October 14, 2015)
Part of 1017 Highway 6
Map 60
7,992 square metres (0.8 Ha) and
set back 72 metres from Highway 6
(By-law No. 15-238, October 14, 2015)
The following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-136
a)
The following use shall also be permitted:
landscape contracting establishment
b)
For the purposes of Special Exception No. 253 the following definition shall
apply:
Landscape Contracting
Establishment
Shall mean the use of land building or
structure, or part thereof for the storage of soil,
composted
materials
and
other
soil
amendments, mulch, rock, screening and
other similar materials along with the provision
of landscape design services and off-site
landscape installation services; storage of
landscaping and horticultural maintenance
equipment; composting and mixing of soil and
soil amendments; and Accessory storage of
snow removal equipment.
c)
Notwithstanding a) above, for the property located at 534 Concession 5
West, two landscape contracting establishments shall be permitted.
d)
Notwithstanding a) above, for the property located at 996 Jerseyville Road
West, multiple landscape contracting establishments shall be permitted.
e)
In addition to a) above, for the property located at 367 Highway 5 West, a
flea market shall also be permitted.
f)
The following regulations shall apply to the use identified in a), c) and d)
above:
i)
Minimum Setbacks
All buildings or structures shall
be setback a minimum of 15.0
metres from any lot line.
ii)
Outdoor Storage
Shall be setback a minimum of
30.0 metres from any lot line
and screened by a visual
barrier in accordance with
Section 4.19 of this By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-137
iii)
Access
Access shall be permitted
through a zone that does not
permit the use.
(By-law No. 15-173, July 10, 2015)
(By-law No. 15-238, October 14, 2015)
254. In addition to Section 12.1.1 and Section 12.6.1 and notwithstanding Section
12.6.3f), on those lands zoned Existing Rural Commercial (E1) Zone and
Agriculture (A1) Zone, identified on Map 168 on Schedule "A" - Zoning Maps and
described as 735 Mud Street East, a salvage yard shall also be permitted with an
aggregate maximum gross floor area of 5,349 square metres in three buildings,
and a maximum height of 7.3 m.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
255. Notwithstanding Section 12.4.3, on those lands zoned Settlement Commercial
(S2) Zone, identified on Map 65 of Schedule "A" - Zoning Maps and described as
1292 Old Highway 8, permitted uses shall be restricted to Office.
(By-law No. 15-173, July 10, 2015)
256. In addition to Section 12.2.1 and Section 12.6.1, on those lands zoned Existing
Rural Commercial (E1) Zone and Rural (A2) Zone, identified on Maps 48 and 60
of Schedule "A" - Zoning Maps and described as 992 Highway 6, an Agricultural
Processing Establishment for the packaging, treating and storing of produce grown
on or off the premises shall be permitted, and in accordance with the provisions of
Section 12.6.3.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
257. In addition to Section 7.6.1, Section 7.7.1, and Section 7.8.1 and notwithstanding
Section 7.6.2, Section 7.7.2, and Section 7.8.2, on those lands zoned
Conservation/Hazard Land - Rural (P6) Zone, Conservation/Hazard Land - Rural
(P7) Zone, and Conservation/Hazard Land - Rural (P8) Zone identified on Maps 6
and 10 of Schedule "A" - Zoning Maps and described as part of 353 Concession
11 East, part of 385 Concession 11 East, part of 475 Concession 11 East, part of
515 Concession 11 East and part of Part Lot 2, Lot 3 Concession 11, the following
special provisions shall apply:
a)
The following use shall be prohibited:
Mineral Aggregate Operation
b)
The following regulations shall apply:
No new buildings or structures shall be permitted.
(By-law No. 15-173, July 10, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-138
258. In addition to Section 12.2.2, on those lands zoned Rural (A2) Zone identified on
Map 10 of Schedule "A" - Zoning Maps and described as part of 353 Concession
11 East, part of 385 Concession 11 East, part of 475 Concession 11 East, and part
of Part Lot 2, Lot 3 Concession 11, the following special provisions shall apply:
a)
The following use shall be prohibited:
Mineral Aggregate Operation
(By-law No. 15-173, July 10, 2015)
259. In addition to Section 7.6.1 on those lands zoned Conservation Hazard Land -
Rural (P6) Zone, identified on Maps 6 and 10 of Schedule "A" - Zoning Maps and
described as part of 515 Concession 11 East, the following special provisions shall
apply:
a)
The following use shall be prohibited:
Mineral Aggregate Operation
b)
The following use shall be permitted:
Single Detached Dwelling and accessory uses, in accordance with
Sections 7.6.2.3 and 4.8.2.
(By-law No. 15-173, July 10, 2015)
260. Notwithstanding Section 12.1.3.3 d), on those lands zoned Agriculture (A1) Zone,
identified on Map 76 of Schedule "A" - Zoning Maps and described as 2530
Concession 6 Road West, a Minimum Front Yard of 6.4 metres shall be permitted
for a Single Detached Dwelling.
(By-law No. 15-173, July 10, 2015)
261. Notwithstanding Section 12.3.3 b), on those lands zoned Settlement Residential
(S1) Zone, identified on Map 107 of Schedule "A" - Zoning Maps and described
as 25 Park Avenue, a Minimum Lot Width of 20 metres shall be permitted for a
Single Detached Dwelling.
(By-law No. 15-173, July 10, 2015)
262. In addition to Section 12.1.3.1 j), on those lands zoned Agriculture (A1) Zone,
identified on Map 76 of Schedule "A" - Zoning Maps and described as 1709
Highway 5 West, the following special provisions shall also apply:
a) A Farm Labour Residence may be permitted in the form of a Single
Detached Dwelling which is not of temporary construction.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-139
b) Subsection 12.1.3.1 j) ii) 1 shall not apply.
(By-law No. 15-173, July 10, 2015)
263. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 60 of Schedule "A" - Zoning Maps and described as part of 524
Concession 6 Road West, Manufacturing shall also be permitted and in
accordance with the provisions of Section 12.7.3.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
264. Notwithstanding Section 12.7.1, on those lands zoned Existing Rural Industrial
(E2) Zone, identified on Map 81 of Schedule "A" - Zoning Maps and described as
part of 1419-1421 Concession 4 Road West, the following uses shall also be
permitted:
a)
Manufacturing;
b)
motor vehicle repair shop;
b)
sawmill; and,
c)
welding shop.
(By-law No. 15-173, July 10, 2015)
265. Notwithstanding Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 107 of Schedule "A" - Zoning Maps and described as part
of 18 Short Road, the following uses shall also be permitted within the existing
building:
a)
Tradesperson's Shop; and,
b)
storage.
(By-law No. 15-173, July 10, 2015)
266. Notwithstanding Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 107 of Schedule "A" - Zoning Maps and described as part
of 18 Short Road, the following uses shall also be permitted within the existing
building:
a)
Craftsperson Shop;
b)
Office;
c)
Personal Service;
d)
retail store; and,
e)
one residential unit.
(By-law No. 15-173, July 10, 2015)
(By-law No. 24-137, July 12, 2024)
267. In addition to a Single Detached Dwelling as identified within Section 4.7, on those
lands zoned Agriculture (A1) Zone, identified on Map 65 of Schedule "A" - Zoning
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-140
Maps and described as 1190 Highway No. 8, Section 4.7 shall also apply to any
other permitted uses within the Agriculture (A1) Zone.
(By-law No. 15-173, July 10, 2015)
268. Notwithstanding Section 12.1.1, on those lands zoned Agriculture (A1) Zone,
identified on Map 169 of Schedule "A" - Zoning Maps and described as part of 913
Mud Street, a contractor's establishment shall also be permitted and in accordance
with the provisions of Section 12.7.3.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
269. Notwithstanding Section 12.1.1, on those lands zoned Agriculture (A1) Zone,
identified on Map 83 of Schedule "A" - Zoning Maps and described as 565 Brock
Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
Aggregate, concrete and asphalt storage and recycling;
ii)
Topsoil preparation; and,
iii)
Accessory repair, maintenance and storage of Commercial
Motor Vehicles associated with the uses in i) and ii) above.
b)
The following regulation shall also apply:
i)
An earth berm with a minimum height of 2.0 metres and a
planting strip along the top of the berm consisting of
evergreens with a minimum height of 1.5 metres shall be
provided along the front property line from the north east
corner of the property and extending 115 metres south. The
earth berm shall be setback 6.0 metres from the front
property line.
ii)
The uses identified in a) above shall be in accordance with
the provisions of Section 12.7.3.
(By-law No. 15-173, July 10, 2015)
(By-law No. 19-062, March 27, 2019)
270. Notwithstanding Sections 12.2.3.6 b) i) and c) and the definition of a Kennel, on
those lands zoned Rural (A2) Zone, identified on Map 71 of Schedule "A" - Zoning
Maps and described as 899 Brock Road, the following special provisions shall
apply:
a)
For the purposes of Special Exception No. 270 the following
definition shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-141
Kennel
Shall
mean
a
commercial
establishment for the training of
domestic animals.
b)
The following regulations shall apply to a Kennel:
i)
Minimum Setbacks
Any buildings or structures
associated with a Kennel
shall
be
setback
a
minimum of 20.0 metres
from any lot line.
ii)
Maximum Gross Floor Area
2,800.0 square metres
(By-law No. 15-173, July 10, 2015)
271. Notwithstanding Sections 12.2.3.1 m) i) and ii), on those lands zoned Rural (A2)
Zone, identified on Maps 35 and 36 of Schedule "A" - Zoning Maps and described
as part of 780 Concession 8 Road West, a maximum gross floor area of 21,500.0
square metres shall be permitted for all buildings and structures associated with a
Cannabis Growing and Harvesting Facility.
(By-law No. 15-173, July 10, 2015)
(By-law No. 18-266, September 12, 2018)
272. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Maps 161 and 176 of Schedule "A" - Zoning Maps and described as addresses:
0 Airport Road
Map 176
9705 Airport Road
Map 176
9879 Airport Road
Map 176
0 White Church Road
Map 176
0 Glancaster Road
Map 176
2115 Glancaster Road
Map 176
1867 Glancaster Road
Map 176
9890 Airport Road
Map 176
1731 Glancaster Road
Map 176
1691 Glancaster Road
Map 176
1665 Glancaster Road
Map 176
1659 Glancaster Road
Map 176
1651 Glancaster Road
Map 176
1645 Glancaster Road
Map 176
1635 Glancaster Road
Map 176
1629 Glancaster Road
Map 176
1603 Glancaster Road
Maps 161 and 176
1370 Glancaster Road
Map 176
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-142
1292 Glancaster Road
Maps 161 and 176
1208 Glancaster Road
Map 161
a)
Only the following uses shall be permitted:
i)
Airport;
ii)
Airport Storage, Maintenance and Operation Facilities; and,
iii)
Uses Existing at the Effective Date of this By-law.
b)
The use identified in a) i) above shall be subject to the regulations of Section
13.1.2.
c)
The following regulations shall apply to the uses identified in
a) ii) and iii) above:
i)
Minimum Yard Abutting a
Street
A.
3.0 metres;
B.
Notwithstanding
A.
above, a minimum yard
of 6.0 metres shall be
required
where
a
property
abuts
Highway
No.
6
or
Glancaster Road.
ii)
Maximum Building Height
In
accordance
with
the
requirements of Section 4.17
of this By-law.
iii)
Landscaped Area
A.
Minimum
3.0
metre
wide Landscaped Area
shall be provided and
maintained abutting a
street, except for point
of ingress and egress;
B.
In addition to A. above,
for properties adjacent
to Highway No. 6, a
minimum
6.0
metre
wide Landscaped Area
shall be provided and
maintained.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-143
iv)
Location and Screening of
Outdoor
Storage
and
Outdoor Assembly
A.
Outdoor Storage and
Outdoor
Assembly
shall not be permitted in
a required Front Yard
or a Required Flankage
Yard;
B.
Outdoor Storage and
Outdoor
Assembly
shall not exceed 85% of
the total lot area;
C.
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.
v)
Parking
In
accordance
with
the
requirements of Section 5 of
this By-law.
vi)
Accessory Buildings
In
accordance
with
the
requirements of b) i) and ii)
above.
(By-law No. 15-236, October 14, 2015)
273. Notwithstanding Section 12.1.1, on those lands zoned Agriculture (A1) Zone,
identified on Maps 176 and 189 of Schedule "A" - Zoning Maps and described as
part of 2004 Glancaster Road, the following special provisions shall also apply:
a)
The following use shall also be permitted
wire basket making and moss products business, and use accessory
thereto
b)
The following regulations shall apply to the use identified in
a) above:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-144
i)
Front Lot Line
Shall be the lot line abutting
the
road
allowances
of
Glancaster
Road
and
Carluke Road East.
ii)
Minimum Front Yard
12 metres
iii)
Minimum Side and Rear
Yard
7.5 metres
iv)
Maximum Lot Coverage
13 percent, but shall not
exceed 8,900 square metres
v)
Maximum Building Height
10.5 metres
vi)
Outdoor Storage
A.
Shall only be permitted
in side, front or rear
yards;
B.
Shall
be
located a
minimum of 5.0 metres
from the westerly side
lot line.
vii) Minimum Landscaping
A minimum 3.0 metre wide
planting
strip
shall
be
provided
and
maintained
abutting a street, except for
points of ingress and egress.
(By-law No. 15-236, October 14, 2015)
(By-law No. 20-203, September 30, 2020)
274. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 176 of Schedule "A" Zoning Maps and described as part of 493 Butter
Road East, the following special provisions shall also apply:
a)
The following use shall also be permitted:
Restoration and storage of Antique Motor Vehicles within the building
existing at the date of adoption of By-law 15-173
b)
For the purposes of Special Exception 274, the following definitions shall
apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-145
Antique Motor Vehicle
Shall mean a motor vehicle the date of
manufacture of which is more than fifteen
(15) years ago.
Restoration
Shall mean the returning of motor
vehicles to their original production
condition, including, without limiting the
meaning of this paragraph, tires, external
appearance and mechanical operation.
(By-law No. 15-236, October 14, 2015)
275. Notwithstanding Sections 7.4.1 and 7.4.2 d), on those lands zoned Open Space
(P4) Zone, identified on Map 160 of Schedule "A" Zoning Maps and described as
330 Book Road East, the following special provisions shall also apply:
a)
Only the following use shall be permitted:
pet cemetery
b)
The following regulation shall apply to the use identified in a) above:
i)
Parking
A minimum six parking spaces
shall be provided.
(By-law No. 15-236, October 14, 2015)
276. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 146 of Schedule "A" Zoning Maps and described as 587 Fiddler's Green
Road, the following special provisions shall also apply:
a)
The following use shall also be permitted:
sale, repair and storage of fencing materials and rental related equipment
b)
For the purposes of Special Exception 276, the following definition shall
apply:
fencing material
Shall include wood, wire, plastic, steel or
such similar materials used in the
construction of privacy screens and/or
fences.
c)
The following regulations shall apply to the use identified in a) above:
i)
Maximum Lot Coverage
20 percent
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-146
ii)
Minimum Front Yard
30.0 metres
iii)
Minimum Side Yard
6.0 metres
iv)
Minimum Rear Yard
11.0 metres
v)
Parking
A minimum 25 parking spaces
shall be provided.
vi)
Loading Areas
All loading areas, including
loading ramps and docks, shall
be located in the rear yard only.
(By-law No. 15-236, October 14, 2015)
277. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 146 of Schedule "A" Zoning Maps and described as 591 Fiddler's Green
Road, the following special provisions shall also apply:
a)
The following uses shall also be permitted:
i)
nursery; and,
ii)
retail garden centre which shall include land, buildings and structures
used for the growing or selling of nursery stock, and/or flowers,
tropical plants, bedding plants, fertilizer, peat moss, soil mixtures,
seeds, bulbs, planting pots, gardening literature, plant hangers,
landscaping ornaments, rocks, garden implements including
gardening equipment.
b)
The following regulation shall apply to the uses identified in a) above:
i)
Maximum Lot Coverage
20 percent
ii)
Minimum Front Yard
30.5 metres
iii)
Minimum Side Yard
6.0 metres
iv)
Minimum Rear Yard
10.6 metres
v)
Parking
A.
Minimum of one parking
space
for every 28.0
square metres, or fraction
thereof,
of
floor
area
devoted to retailing of
products;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-147
B.
No parking space shall be
located within 1.5 metres
of any lot line.
(By-law No. 15-236, October 14, 2015)
278. Notwithstanding Sections 12.2.1, 12.2.3.1 i) and 12.2.3.2 g) ii), on those lands
zoned Rural (A2) Zone, identified on Map 134 of Schedule "A" Zoning Maps and
described as part of 944 Garner Road East, the following special provisions shall
also apply:
a)
The following uses shall also be permitted:
Farm Market
outdoor seasonal retail
b)
For the purposes of Special Exception 278, the following
definition shall apply:
Farm Market
Shall mean a building or structure
where fresh fruit and vegetables,
flowers and plants grown and
other products derived from the
Agricultural operation on the same
property as well as other farms
are offered for sale.
c)
The following regulations shall apply to the uses identified in a) above:
i)
Maximum Gross Floor Area
for Farm Market
1,050.0 square metres
ii)
Maximum Gross Floor Area
for
Agricultural
Brewery/Cidery/Winery
925.0 square metres
iii)
Maximum Gross Floor Area
for outdoor seasonal retail
435.0 square metres
(By-law No. 15-236, October 14, 2015)
(By-law No. 21-189, October 13, 2021)
279. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 134 of Schedule "A" Zoning Maps and described as 876 and part of 880
Garner Road East, the following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-148
a)
The following uses shall also be permitted:
i)
Cemetery; and,
ii)
Place of Worship.
b)
The uses identified in a) above shall be in accordance with the provisions of
Section 12.2.3.1.
(By-law No. 15-236, October 14, 2015)
(By-law No. 19-062, March 27, 2019)
280. Notwithstanding Section 12.2.1, on those lands zoned Rural (A2) Zone, identified
on Map 134 of Schedule "A" Zoning Maps and described as 992 Garner Road
East, the following special provisions shall also apply:
a)
The following use shall also be permitted:
landscape business
b)
Notwithstanding a) above, only agricultural uses, which include the plant
growing operation of the landscape business, shall be permitted on the
southerly most 52.4 metres of the subject lands.
c)
For the purposes of Special Exception No. 280 the following definitions shall
apply:
Landscape Business
Shall mean a property that is
used
for
a
landscape
contractor's
business,
which
may also include a plant growing
operation and an accessory
snow removal business. This
landscape contractor's business
may include building, structures
and the outdoor storage of
goods and equipment such as
landscaping
materials
and
associated machinery. Wood
chipping shall be prohibited.
Plant Growing Operation
Shall mean the use of land
and/or
buildings
(e.g.,
polyhouses,
greenhouses
and/or accessory buildings) for
plant
propagation
and
the
growing of plants and nursery
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-149
stock. The plant material may
either be transplanted outdoors
on the subject lands or be
transplanted
onto
other
properties as part of the service
of the landscape business. The
plants and nursery stock shall
not be sold in a nursery or
garden centre manner from the
subject lands.
d)
The following regulations shall apply to the use identified in a) above:
i)
Minimum Front Yard
90.0 metres
ii)
Minimum Side and Rear
Yards
A.
Greenhouses
and
polyhouses shall have a
minimum side yard and
rear yard of 4.5 metres.
B.
An
accessory
storage
building
for
the
plant
growing operation, with a
maximum gross floor area
of 90.0 square metres,
shall have a minimum
side yard and rear yard of
8.0 metres.
C.
Buildings associated with
the landscape business
and the plant growing
operation,
other
than
those
specifically
identified in A. and B.
above, shall be setback a
minimum distance of 15.0
metres from any side
and/or rear lot line.
iii)
Maximum Gross Floor Area A.
The maximum gross floor
area
of
all
buildings
associated
with
the
landscape
business,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-150
excluding
the
plant
growing operation, shall
be 400.0 square metres.
B.
The
maximum
ground
floor area of all buildings
on the subject lands shall
be 1,100 square metres.
iv)
Landscaping Requirements A.
A planting strip with a
minimum width of 2.0
metres
and
a
closed
board
fence
with
a
minimum height of 1.5
metres shall be provided
along the portion of any
side
lot
line
that
is
adjacent to a parking
area(s) and/or outdoor
storage area(s).
B.
The existing berm planted
with
evergreen
trees
located in the front of the
existing metal clad frame
building and the existing
cedar
hedge
located
along the east lot line,
shall
continue
to
be
provided.
C.
A berm with a minimum
width
of
5.0
metres
planted with evergreen
trees shall be provided
65.0 metres south of the
front lot line commencing
at the easterly side lot line
and extending generally
perpendicular from this lot
line
for
a
minimum
distance of 15.0 metres.
(By-law No. 15-236, October 14, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-151
281. Notwithstanding Sections 4.8.1 a), 4.8.1 d) and 5.1 b) iii), on those lands zoned
Settlement Residential (S1) Zone, identified on Map 27 of Schedule "A" - Zoning
Maps and described as part of 348 Carlisle Road, following the following special
provisions shall apply:
a)
The accessory building connected to the principle dwelling
by a breezeway may be permitted in the front yard;
b)
That the maximum height of an accessory building shall be 5.8 metres;
and,
c)
Section 5.1 b) iii) shall not apply.
(By-law No. 15-237, October 14, 2015)
282. Notwithstanding Sections 7.7.2.2 a) and 5.1 b) iii), on those lands zoned
Conservation/Hazard Land - Rural (P7) Zone, identified on Map 144 of Schedule
"A" - Zoning Maps and described as part of 186 Highway 52 South, the following
special provisions shall apply:
a)
A swimming pool shall be permitted; and,
b)
Section 5.1 b) iii) shall not apply.
(By-law No. 15-237, October 14, 2015)
283. In addition to Section 12.6.1 and notwithstanding Section 5.6 c), on those lands
zoned Existing Rural Commercial (E1) Zone, identified on Map 85 of Schedule "A"
- Zoning Maps, described as 261 Highway 5 West, the following special provisions
shall also apply:
a)
The following uses shall also be permitted:
i)
Motor Vehicle Service Station; and,
ii)
take-out restaurant with Drive Through Facility.
(By-law No. 15-237, October 14, 2015)
284. In addition to Section 12.2.1, on those lands zoned Rural (A2) Zone, identified on
Map 73 of Schedule "A" - Zoning Maps, described as 11 Parkside Drive, the
following special provisions shall also apply:
a)
The following uses shall also be permitted:
Place of Worship
b)
The following regulations shall apply to the uses identified in a) above:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-152
i)
Maximum Gross Floor Area
1,500 square metres
ii)
Minimum
Landscape
Open
Space
10 percent
iii)
Minimum Planting Strip
3.0 metre width across all lot
lines adjacent to a street
except for point of ingress and
egress.
iv)
Parking shall be provided in accordance with Section 5.6 c) ii).
(By-law No. 15-237, October 14, 2015)
(By-law No. 19-062, March 27, 2019)
285. Notwithstanding Section 7.4, on those lands zoned Open Space (P4) Zone,
identified on Maps 46 and 143 of Schedule "A" - Zoning Maps and described as
part of 1288 Brock Road and part of 1911 Jerseyville Road West, a Single
Detached Dwelling shall also be permitted and shall be limited to one per lot.
(By-law No. 15-237, October 14, 2015)
286. Notwithstanding Section 4.3 a), on those lands zoned Rural (A2) Zone, identified
on Maps 134 and 147 of Schedule "A" Zoning Maps and described as 828 and 830
Garner Road East, the following special provisions shall also apply:
a)
The properties shall be deemed to be lots.
b)
The following regulation shall also apply:
The westerly lot line shall be deemed to be the front lot line.
(By-law No. 15-236, October 14, 2015)
287. Notwithstanding Sections 4.8.1 a), 5.1 b) i), 5.1 b) iii), 5.1 b) ix), 5.2 b) and 12.3.3
a), on those lands zoned Settlement Residential (S1) Zone, identified on Map 94
of Schedule "A" - Zoning Maps and described as 374 Moxley Road, the following
special provisions shall apply:
a)
The minimum lot area shall be 0.27 ha;
b)
The minimum parking space size for a parking space in the garage shall be
2.5 m in width by 5.5 in length; and,
c)
Sections 4.8.1 a), 5.1 b) i), 5.1 b) iii), and 5.1 b) ix) shall not apply.
(By-law No. 15-237, October 14, 2015)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-153
288. In addition to Section 12.3.1, on those lands zoned Settlement Residential (S1)
Zone, identified on Map 49 of Schedule "A" - Zoning Maps, described as 917
Centre Road, a Warehouse within the existing buildings shall also be permitted.
(By-law No. 15-286, December 9, 2015)
289. Notwithstanding Sections 11.1.1 and 11.1.2, on those lands zoned Mixed Use
(TOC1) Zone, identified on Maps 909, 947, 948, and 949 of Schedule "A" -
Zoning Maps and described as:
The existing motor vehicle related use shall also be permitted.
(By-law No. 16-265, October 12, 2016)
290.
Notwithstanding Sections 11.1.1, 11.1.2, 11.1.3, 11.1.4, 11.1.5, 11.1.6, 11.1.7
and 11.1.8, on those lands zoned Mixed Use (TOC 1) Zone, identified on Map
909 of Schedule "A" - Zoning Maps and described as:
426 King Street West
Map 909
430 King Street West
Map 909
431 King Street West
Map 909
434 King Street West
Map 909
435 King Street West
Map 909
440 King Street West
Map 909
449 King Street West
Map 909
455 King Street West
Map 909
453 King Street West
Map 909
451 King Street West
Map 909
458 King Street West
Map 909
462 King Street West
Map 909
463 King Street West
Map 909
466 King Street West
Map 909
467 King Street West
Map 909
470 King Street West
Map 909
473 King Street West
Map 909
483 King Street West
Map 909
491 King Street West
Map 909
505 King Street West
Map 909
545 King Street West
Map 909
547 King Street West
Map 909
1445 Main Street West
Map 947
1289 Main Street West
Map 948
1050 and 1058 Main Street West
Map 949
648 King Street West
Map 909
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-154
554 King Street West
Map 909
560 King Street West
Map 909
570 King Street West
Map 909
573 King Street West
Map 909
575 King Street West
Map 909
579 King Street West
Map 909
581 King Street West
Map 909
595 King Street West
Map 909
610 King Street West
Map 909
612 King Street West
Map 909
615 King Street West
Map 909
619 King Street West
Map 909
621 King Street West
Map 909
631 King Street West
Map 909
7 Pearl Street North
Map 909
13 Pearl Street North
Map 909
15 Pearl Street North
Map 909
12 Pearl Street South
Map 909
14 Pearl Street South
Map 909
11 Strathcona Avenue North
Map 909
13 Strathcona Avenue North
Map 909
15 Strathcona Avenue North
Map 909
2 Strathcona Avenue South
Map 909
6 Strathcona Avenue South
Map 909
8 Strathcona Avenue South
Map 909
8 Locke Street North
Map 909
14 Locke Street South
Map 909
The following special provisions shall apply:
1)
PERMITTED USES
Catering Service
Child Care Centre (By-law No. 25-155,
August 06, 2025)
Commercial School
Community Garden
Craftsperson Shop
Dwelling Unit(s)
Financial Establishment
Laboratory
Medical Clinic
Multiple Dwelling
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-155
Office
Personal Service
Repair Service
Restaurant
Retail
Studio
Tradesperson's Shop
Transportation Depot
Urban Farm
Urban Farmer's Market
Veterinary Service
2)
PROHIBITED USES Notwithstanding Section 11.2.1, the
following uses are prohibited, even as
an accessory use:
Commercial Driving School
Drive-Through Facility
3)
REGULATIONS
a) Maximum Building
Setback from a
Street Line
2.0 metres except where a visibility
triangle is required for driveway
access;
b) Minimum Rear Yard
7.5 metres;
c) Minimum Interior
Side Yard
1.5 metres, except 3.0 metres abutting
a Residential or Institutional Zone.
d) Building Height
i) Minimum 7.5 metres; and,
ii) Maximum 22.0 metres.
e) Maximum Total
Gross Floor Area for
an Individual Office
and Medical Clinic
500.0 square metres per unit.
f) Maximum Total
Gross Floor Area for
Commercial Uses
10,000.0 square metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-156
g) Screening
Rooftop mechanical equipment shall
be located and/or screened from view
of any abutting street.
h) Restriction of
Residential Uses
within a Building
The following uses shall only be
permitted above the ground floor,
except for access, accessory office
and utility areas:
Child Care Centre
Dwelling Units
Multiple Dwelling
i) Visual Barrier
Requirement
A visual barrier shall be required along
any side or rear lot line abutting a
Downtown D5 Zone or Downtown D6
Zone, Institutional Zone or Residential
Zone property line in accordance with
the requirements of Section 4.19 of
this By-law.
j) Outdoor Storage
i)
No outdoor storage of goods,
materials, or equipment shall be
permitted;
ii) Notwithstanding i) above, the
display of goods or materials for
retail purposes that are accessory
to a retail use shall only be
permitted in the front yard or
flankage yard.
4)
ACCESSORY
BUILDINGS
In accordance with the requirements of
Sections 4.8 of this By-law.
5)
PARKING
In accordance with the requirements of
Section 5 of this By-law.
6)
URBAN FARM
i)
In
accordance
with
the
requirements of Subsection 4.26 (c)
of this By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-157
ii) In addition to i) above, an Urban
Farm shall only be permitted in the
rear yard or on the roof-top of the
principle building.
7)
COMMUNITY
GARDEN
In accordance with the requirements of
Subsection 4.27 of this By-law.
8)
URBAN FARMERS
MARKET
In accordance with the requirements of
Section 4.28 of this By-law.
(By-law No. 16-265, October 12, 2016)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
291. Notwithstanding Sections 11.1.1, 11.1.2,11.1.3 a) i), ii) and 11.1.3 d) i), ii), and iii),
on those lands zoned Mixed Use (TOC1) Zone, identified on Maps 908 and 909 of
Schedule "A" - Zoning Maps and described as 50 Dundurn Street South, the
following special provisions shall apply:
a)
The existing Drive-Through Facility shall also be permitted.
b)
The following regulations shall apply:
i)
Maximum Building
Setback from a Street
Line
2.0 metres;
ii)
Building Height
1.
Minimum 7.5 metres.
2.
Maximum 42.0 metres.
(By-law No. 16-265, October 12, 2016)
292. Notwithstanding Section 8.1.1, on those lands zoned Neighbourhood Institutional
(I1) Zone, identified on Maps 906, 948, 953, 954, 995, 996, and 1043 of
Schedule "A" - Zoning Maps and described as:
20 East Avenue South
Map 996
420 King Street East
Map 954
1150 Main Street West
Map 948
1349 Main Street West
Map 948
1355 Main Street West
Map 948
1153 Main Street East
Map 1043
The following special provisions shall apply:
a)
The following uses shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-158
i)
Community Garden
ii) Urban Farm
b)
The following uses shall be prohibited:
i)
Semi-Detached Dwelling
ii)
Single Detached Dwelling
iii)
Street townhouse Dwelling
c)
The following regulations shall also apply:
293. Notwithstanding Section 8.2.1, on those lands zoned Community Institutional (I2)
Zone, identified on Maps 907, 908, 948, 949, 954, 996 1043 and 1089 of
Schedule "A" - Zoning Maps and described as:
The following special provisions shall apply:
a)
The following uses shall also be permitted:
i)
Community Garden
ii)
Urban Farm
b)
The following uses shall be prohibited:
i)
URBAN FARMS
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 principle building.
ii)
COMMUNITY
GARDENS
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 principle building.
700 Main Street West
Map 908
1284 Main Street East
Map 1043
30 Wentworth Street North
Map 996
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-159
i)
Semi-Detached Dwelling
ii)
Single Detached Dwelling
iii)
Street townhouse
c)
The following regulations shall also apply:
(By-law No. 16-265, October 12, 2016)
294. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Map
951 of Schedule "A" - Zoning Maps and described as 255, 257 and 259 Main
Street West, the following special provisions shall apply:
a) Notwithstanding Subsection 10.5.1, only the following uses shall be
permitted:
i) Child Care Centre
ii) Craftsperson Shop
iii) Educational Establishment
iv) Financial Establishment
v) Hotel
vi) Medical Clinic
vii) Multiple Dwelling
viii) Office
ix) Personal Service
x) Place of Worship
xi) Residential Care Facility
xii) Restaurant, within an Existing building
xiii) Retail, within an Existing building
xiv) Retirement Home
xv) Studio
i)
URBAN FARMS
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 principle building.
ii)
COMMUNITY
GARDENS
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 principle
building.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-160
b) Notwithstanding Subsection 10.5.3 d), the Maximum Building Height shall be
14.0 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
295. Notwithstanding Sections 11.1.3 a) i) and ii), on those lands zoned Mixed Use
(TOC1) Zone, identified on Maps 909 and 951 of Schedule "A" - Zoning Maps
and described as:
354 King Street West
Map 909
363 King Street West
Map 909
368 King Street West
Map 909
370 King Street West
Map 909
374 King Street West
Map 909
378 King Street West
Map 909
391 King Street West
Map 909
393 King Street West
Map 909
403 King Street West
Map 909
407 King Street West
Map 909
413 King Street West
Map 909
415 King Street West
Map 909
417 King Street West
Map 909
423 King Street West
Map 909
21 Queen Street North
Map 909
23 Queen Street North
Map 909
4 Queen Street South
Map 909
2 Ray Street South
Map 909
10 Ray Street South
Map 909
12 Ray Street South
Map 909
14 Ray Street South
Map 909
The following regulation shall apply:
(By-law No. 16-265, October 12, 2016)
296. Within the lands zoned Transit Oriented Corridor Mixed Use Medium Density
(TOC1) Zone, identified on Maps 947 and 948 of Schedule "A" - Zoning Maps and
described as:
Maximum Building
Setback from a Street
Line
2.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-161
13 Leland Street
Map 948
15 Leland Street
Map 948
23 Leland Street
Maps 947 and 948
80 Sussex Street
Map 948
82 Sussex Street
Map 948
86 Sussex Street
Map 948
90 Sussex Street
Map 948
94 Sussex Street
Map 948
98 Sussex Street
Map 948
102 Sussex Street
Map 948
43 Forsyth Avenue South
Map 948
47 Forsyth Avenue South
Map 948
51 Forsyth Avenue South
Map 948
50 Dalewood Avenue
Map 948
75 Traymore Avenue
Map 948
77 Traymore Avenue
Map 948
81 Traymore Avenue
Map 948
83 Traymore Avenue
Map 948
99 Traymore Avenue
Map 948
103 Traymore Avenue
Map 948
107 Traymore Avenue
Map 948
111 Traymore Avenue
Map 948
115 Traymore Avenue
Map 948
i)
In addition to Subsection 11.1.1 and notwithstanding Subsection 11.1.2 i), a
Single Detached Dwelling shall also be permitted.
ii) The following regulations shall apply for a Single Detached Dwelling:
a)
No building or structure shall have a gross floor area greater
than the area within the Zone of the lot on which it is situated,
multiplied by the floor area ratio factor of 0.45;
b)
Notwithstanding the Section 3, as it relates to the definition of
Gross Floor Area, for the purposes of this Special Exception
the Gross floor Area shall be the aggregate of the areas of the
building or structure, including the basement or cellar, but shall
not include:
1. An attached garage;
2. A detached garage; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-162
3. The floor occupied by heating, air conditioning and
laundry equipment.
c)
For the purpose of determining gross floor area for any portion
of the dwelling where the ceiling height exceeds 4.6 metres,
that portion of the dwelling shall be multiplied by 1.9;
d)
Where a dwelling is constructed with an attached garage, then
the finished level of the garage floor shall be a minimum of 0.3
metres above grade.
e)
Notwithstanding Section 11.1.3 d) of this By-law, no building or
structure shall exceed 9.0 metres in height.
(By-law No. 16-265, October 12, 2016)
(By-law No. 18-219, August 17, 2018)
297. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Map
951 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
131 George Street
951
133 George Street
951
137 George Street
951
250 Main Street West
951
252 Main Street West
951
260 Main Street West
951
264 Main Street West
951
34 Queen Street South
951
36 Queen Street South
951
54 Queen Street South
951
The following special provisions shall apply:
a)
Notwithstanding Subsection 10.5.3 d), the Maximum Building Height shall
be 14.0 metres.
The following special provisions shall apply for 235 Main Street West:
b)
Notwithstanding Subsections 10.5.1, a Commercial Parking Facility shall be
prohibited.
c)
In addition to Section 3: Definitions, the definition of Planting Strip shall also
include the following:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-163
Planting Strip
A. A garbage storage shed, visual
barrier, intake/exhaust grills
having a total maximum area of
5.5 square metres and the
existing metal shed and
concrete wall existing on March
28, 2012 shall be permitted in a
planting strip.
B. A minimum 1.0 metre wide
planting strip shall be provided
for every parking area adjoining
a Residential Zone.
d)
In addition to Subsection 5.1 a) v), the boundary of the parking area shall
not be less than 1.0 metre from a Residential Zone.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
(By-law 20-230, October 28, 2020)
298. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Maps
909 and 951 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
358 Jackson Street West
951
65 Locke Street South
951
80 Locke Street South
951
85 Locke Street South
951
87, 89 Locke Street South, and
348 Jackson Street West
951
90 Locke Street South
951
96 Locke Street South
951
324 Main Street West
951
334 Main Street West
951
336 Main Street West
951
338 Main Street West
951
340 Main Street West
951
342 Main Street West
951
344 Main Street West
951
352 Main Street West
909 and 951
353 Main Street West
951
358 Main Street West
909 and 951
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-164
Property Address
Map Number
358 Main Street West
909 and 951
359 Main Street West
951
360 Main Street West
909 and 951
364 Main Street West
909 and 951
365 Main Street West
951
368 Main Street West
909 and 951
369 Main Street West
951
370 Main Street West
909 and 951
374 Main Street West
909 and 951
377 Main Street West
951
379 Main Street West
951
381 Main Street West
951
383 Main Street West
951
385 Main Street West
951
388 Main Street West
909
389 Main Street West
951
391 Main Street West
951
399 Main Street West
909 and 951
401, 405 Main Street West
909 and 951
415 Main Street West
909 and 951
418 Main Street West
909
420 Main Street West
909
428 Main Street West
909
433 Main Street West
909 and 951
443 Main Street West
909
447 Main Street West
909
68 Margaret Street
909
69 Margaret Street
909
72 Margaret Street
909
74 Margaret Street
909
Part of 52 Pearl Street South
951
9 Poulette Street
951
54 Strathcona Avenue South
909
56 Strathcona Avenue South
909
59 Strathcona Avenue South
909
61 Strathcona Avenue South
909
63 Strathcona Avenue South
909
65 Strathcona Avenue South
909
67 Strathcona Avenue South
909
The following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-165
a)
Notwithstanding Subsection 10.5.1, only the following uses shall be
permitted:
i)
Child Care Centre
ii)
Craftsperson Shop
iii)
Educational Establishment
iv)
Financial Establishment
v)
Hotel
vi)
Medical Clinic
vii)
Multiple Dwelling
viii)
Office
ix)
Personal Service
x)
Place of Worship
xi)
Residential Care Facility
xii)
Retirement Home
xiii)
Studio
b)
In addition to Clause a), for the property located 443 Main Street
West a drive-through facility in conjunction with a Restaurant within the
Existing building shall also be permitted.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
299. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Map
951 of Schedule "A" - Zoning Maps and described:
Property Address
Map Number
261 Main Street West
951
265 Main Street West
951
267 Main Street West
951
269 Main Street West
951
271 Main Street West
951
275 Main Street West
951
276 Main Street West
951
277 Main Street West
951
278 Main Street West
951
279 Main Street West
951
280 Main Street West
951
282 Main Street West
951
283 Main Street West
951
284 Main Street West
951
286 Main Street West
951
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-166
Property Address
Map Number
287 Main Street West
951
291 Main Street West
951
299 Main Street West
951
301 Main Street West
951
302 Main Street West
951
303 Main Street West
951
304 Main Street West
951
305 Main Street West
951
307 Main Street West
951
309 Main Street West
951
310 Main Street West
951
311, 313 Main Street West
951
315, 317 Main Street West
951
319 Main Street West
951
321 Main Street West
951
323 Main Street West
951
327 Main Street West
951
329 Main Street West
951
331 Main Street West
951
333 Main Street West
951
53 Pearl Street South
951
55 Pearl Street South
951
75 Pearl Street South
951
67 Ray Street South
951
68 Ray Street South
951
The following special provisions shall apply:
a)
Notwithstanding Subsection 10.5.1, only the following uses shall be
permitted:
i)
Child Care Centre
ii)
Craftsperson Shop
iii)
Educational Establishment
iv)
Financial Establishment
v)
Hotel
vi)
Medical Clinic
vii) Multiple Dwelling
viii) Office
ix) Personal Service
x) Place of Worship
xi) Residential Care Facility
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-167
xii)
Restaurant, within an Existing building
xiii)
Retail, within an Existing building
xiv)
Retirement Home
xv)
Studio
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
300. Within the lands zoned Neighbourhood Commercial (C2) Zone, Community
Commercial (C3) Zone, Mixed Use Medium Density (C5) Zone, District
Commercial (C6) Zone, and Arterial Commercial (C7) Zone, identified on Maps
950, 956, 957, 998, 999, 1046, 1184 and 1238 of Schedule "A" - Zoning Maps and
described as:
Property Address
Map Number
194 Avondale Street
956
196 Avondale Street
956
197 Avondale Street
956
198 Avondale Street
956
199 Avondale Street
956
200 Avondale Street
956
201 Avondale Street
956
203 Avondale Street
956
204 Avondale Street
956
205 Avondale Street
956
206 Avondale Street
956
207 Avondale Street
956
208 Avondale Street
956
209 Avondale Street
956
210 Avondale Street
956
212 Avondale Street
956
214 Avondale Street
956
216 Avondale Street
956
217 Avondale Street
956
218 Avondale Street
956
219 Avondale Street
956
220 Avondale Street
956
221 Avondale Street
956
222 Avondale Street
956
223 Avondale Street
956
224 Avondale Street
956
226 Avondale Street
956
228 Avondale Street
956
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-168
Property Address
Map Number
230 Avondale Street
956
235 Avondale Street
956
797 Barton Street East
956
799 Barton Street East
956
889 Barton Street East
956
891 Barton Street East
956
893 Barton Street East
956
895 Barton Street East
956
897 Barton Street East
956
901 Barton Street East
956
903 Barton Street East
956
905, 907 Barton Street East
956
909, 911 Barton Street East
956
913 Barton Street East
956
915 Barton Street East
956
954 Barton Street East
956 and 957
970 Barton Street East
957 and 999
Part of 973 Barton Street East
957
975, 981, 983 Barton Street East
957
984 Barton Street East
957 and 999
985 Barton Street East
957
986 Barton Street East
957 and 999
991 Barton Street East
957
999 Barton Street East
957 and 999
1015 Barton Street East
957 and 999
1850 Barton Street East
1046
1860 Barton Street East
1046
1870 Barton Street East
1046
1880 Barton Street East
1046
1890 Barton Street East
1046
1900 Barton Street East
1046
1910 Barton Street East
1046
1920 Barton Street East
1046
1930 Barton Street East
1046
1940 Barton Street East
1046
1950 Barton Street East
1046
1960 Barton Street East
1046
1970 Barton Street East
1046
1980 Barton Street East
1046
1990 Barton Street East
1046
190 Cavell Avenue
956
192 Cavell Avenue
956
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-169
Property Address
Map Number
193 Cavell Avenue
956
194 Cavell Avenue
956
196 Cavell Avenue
956
198 Cavell Avenue
956
120 Chatham Street
950
204 Gage Avenue North
956
208 Gage Avenue North
956
210 Gage Avenue North
956
212 Gage Avenue North
956
214 Gage Avenue North
956
216 Gage Avenue North
956
218 Gage Avenue North
956
220 Gage Avenue North
956
230 Gage Avenue North
956
200 Glendale Avenue North
957, 998 and 999
240 Glendale Avenue North
998 and 999
242 Glendale Avenue North
998 and 999
244 Glendale Avenue North
998 and 999
246 Glendale Avenue North
998, 956 and 999
248 Glendale Avenue North
956, 957, 998, and 999
250 Glendale Avenue North
956 and 957
1 Gordon Street
956
3, 5, 7 Gordon Street
956
9 Gordon Street
956
10 Gordon Street
956
11 Gordon Street
956
12 Gordon Street
956
13 Gordon Street
956
14 Gordon Street
956
16 Gordon Street
956
17 Gordon Street
956
18 Gordon Street
956
19 Gordon Street
956 and 957
20 Gordon Street
956
21 Gordon Street
956 and 957
22 Gordon Street
956
23 Gordon Street
957
24 Gordon Street
956 and 957
25 Gordon Street
957
26 Gordon Street
956 and 957
28 Gordon Street
956 and 957
30 Gordon Street
957
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-170
Property Address
Map Number
32 Gordon Street
957
34 Gordon Street
957
36 Gordon Street
957
38 Gordon Street
957
40 Gordon Street
957
42 Gordon Street
957
44 Gordon Street
957
46 Gordon Street
957
48 Gordon Street
957
50 Gordon Street
957
51 Gordon Street
957
53 Gordon Street
957
132 Hester Street
1238
138 Hester Street
1238
141 Hester Street
1184 and 1238
143 Hester Street
1184 and 1238
146 Hester Street
1238
151 Hester Street
1238
152 Hester Street
1238
158 Hester Street
1238
160 Hester Street
1238
8 Lincoln Street
957
10 Lincoln Street
957
11 Lincoln Street
957
12 Lincoln Street
957
13 Lincoln Street
957
14 Lincoln Street
957
15 Lincoln Street
957
16 Lincoln Street
957
17 Lincoln Street
957
18 Lincoln Street
957
19 Lincoln Street
957
20 Lincoln Street
957
21 Lincoln Street
957
22 Lincoln Street
957
23 Lincoln Street
957
25 Lincoln Street
957
26 Lincoln Street
957
27 Lincoln Street
957
29 Lincoln Street
957
32, 34, 36, 38 Lincoln Street
957
33 Lincoln Street
957
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-171
Property Address
Map Number
16 Linden Street
956 and 957
18 Linden Street
957
30 Linden Street
957
2 Lloyd Street
956
4 Lloyd Street
956
6 Lloyd Street
956
8 Lloyd Street
956
10 Lloyd Street
956
12 Lloyd Street
956
20 Lloyd Street
956
26 Lloyd Street
956
32 Lloyd Street
956
34 Lloyd Street
956
36 Lloyd Street
956
38 Lloyd Street
956
40 Lloyd Street
956
42 Lloyd Street
956
44 Lloyd Street
956
46 Lloyd Street
956
50 Lloyd Street
956
52 Lloyd Street
956
54 Lloyd Street
956
56 Lloyd Street
956
Part of 221 Melvin Avenue
1046
295 Melvin Avenue
1046
291 Rosslyn Avenue North
957
1012 Upper Wellington Street
1238
1020 Upper Wellington Street
1238
1028 Upper Wellington Street
1238
1042 Upper Wellington Street
1238
Part of 335 Woodward Avenue
1046
The following special provisions shall apply:
a)
In addition to Subsections 10.2.1, 10.3.1, 10.5.1, 10.6.1, and 10.7.1,
existing industrial uses shall also be permitted.
(By-law No. 17-240, November 8, 2017)
301. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1258,
1259, 1311, and 1312 of Schedule "A" - Zoning Maps and described as 1310 and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-172
1360 South Service Road, 400 Winona Road, and 395 Fifty Road, the following
special provisions shall apply:
a)
In addition to Subsection 10.6.1, the following uses shall also be permitted:
i)
Post Office
ii)
Kennel
b)
In addition to Subsection 10.6.1.1, the following restrictions shall also
apply:
i)
The maximum Gross Leasable Floor Area for all commercial
uses shall be 41,200 square metres; and
ii)
The maximum Gross floor area permitted for a single
department store shall be 17,000 square metres, of which the
maximum gross floor area for the sale and display of food shall
be 4,180 square metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 21-189, October 13, 2021)
302. Within the lands zoned Mixed Use High Density (C4) Zone, identified on Maps
1239 and 1292 of Schedule "A" - Zoning Maps and described as 883 and 999
Upper Wentworth Street and 508, 520 and 524 Limeridge Road East, shown as
Figure 25 of Schedule "F" - Special Figures, the following special provisions shall
apply:
a)
Notwithstanding Section 3: Definitions and for the purpose of Special
Exception 302:
i)
Front Lot Line shall mean the lot line of the lot abutting Upper
Wentworth Street.
ii)
Commercial recreation or commercial entertainment may include an
Amusement arcade.
b)
In addition to Section 3: Definitions, for the purpose of Special Exception
No. 302, the following definition shall apply:
Motor
Vehicle
Show Room
Shall mean an establishment located within a
building where motor vehicles are displayed for the
purpose of sale or leasing, and may include service
bays, accessory retailing of souvenir merchandise
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-173
and storage of motor vehicles and shall not include
a Motor Vehicle Service Station.
c)
In addition to Subsection 10.4.1, following uses shall also be permitted:
i)
Motor Vehicle Showroom
ii)
Educational Establishment
d)
For the purposes of Special Exception No. 302 the following special
regulations shall apply to Areas A to E, as shown on Figure 25 of Schedule
"F" - Special Figures
i)
In addition to Section 4.19 and notwithstanding Subsections 5.2b)
and 5.2f), the following regulations shall apply:
1)
Parking
Space Size
Dimension
A minimum parking space size of
2.6 metres by 5.5 metres shall be
provided
2)
Barrier Free
Space Size
Dimension
A minimum barrier free space size
of 4.4 metres by 5.5 metres shall be
provided.
e)
For the purposes of Special Exception No. 302 the following special
regulations shall apply to Areas A to D as shown on Figure 25 of Schedule
"F" - Special Figures
i)
Notwithstanding Subsection 10.4.3d) i), a minimum building height of
6.0 metres shall be provided for any commercial building having a
maximum Gross Floor Area of 1,000 square metres and fronting on
Upper Wentworth Street or Limeridge Road East containing only one
or more of the following uses
1)
Financial Establishment
2)
Personal Service
3)
Restaurant
4)
Retail
ii)
Notwithstanding 10.4.3d) i), for a commercial building greater than
1,000 square metres of Gross Floor Area, the minimum building height
shall be 7.5 metres;
iii)
The ground floor façade facing a front lot line and access driveway to
the site shall be greater than or equal to 50% of the measurement of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-174
the width identified for Area A1 to D in Figure 25 for buildings greater
than 1,000 square metres and shall exclude access driveways and
lands within a required yard.
iv)
In addition to Clauses e) i) and ii) and notwithstanding Subsection 5.1
a) v), the following regulations shall also apply to Area A:
1)
Notwithstanding Subsection 10.4.3g) ii), parking spaces and
aisles may be permitted within 2.0 m of the front lot line for Area
A.
2)
A 2.0 metre planting strip shall be provided and maintained for
Area A where parking spaces or aisles abut Upper Wentworth
Street.
3)
Subsection 10.4.3 a) shall not apply.
f)
For the purposes of Special Exception No. 302 the following special
regulations shall apply to Area E as shown on Figure 25 of Schedule "F" -
Special Figures:
i)
In addition to 10.4.3 d) i), the following heights shall apply:
1)
Commercial Building
No minimum
2)
Office Building
Minimum 11 metres
3)
Residential Building
Minimum 11 metres
4)
Mixed
commercial/residential
Building
Minimum 11 metres
ii)
Subsections 10.4 3 a), 10.4.3. g)ii), and 10.4.3. g)iii) shall not apply.
iii)
In addition to Subsection 10.4.3 k)ii), display of goods and materials
for retail purposes accessory to a retail use, shall be permitted in any
yard.
iv)
Subsection 10.4.3 k)ii) and clause f)iii) shall not apply to motor
vehicles.
iv)
In addition to Section 4.19 and notwithstanding Subsection 10.4.3 j),
the following regulation shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-175
1)
Visual Barrier
The chain link fence existing on the
date of the passing of the By-law
and located along the eastern
boundary shall also be considered
as a Visual Barrier.
(By-law No. 17-240, November 8, 2017)
(By-law 22-084, April 13, 2022)
303. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1445 and 1494 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
1821 Upper James Street
1445
1853 Upper James Street
1445 and 1494
1861 Upper James Street
1445 and 1494
1879 Upper James Street
1494
1885 Upper James Street
1494
1899 Upper James Street
1494
1915 Upper James Street
1494
1927 Upper James Street
1494
1937 Upper James Street
1494
1947 Upper James Street
1494
1955 Upper James Street
1494
1977 Upper James Street
1494
8518 Twenty Road East
1494
The following special provisions shall apply:
a)
Notwithstanding Subsection 10.7.1 and in addition to Subsection 10.7.2, the
following uses shall be prohibited:
i)
Commercial Entertainment
ii)
Commercial Recreation
The following special provisions shall also apply for the property located at 1955
Upper James Street:
b)
In addition to Subsection 10.7.1, the following uses shall also be permitted:
i)
Labour Association Hall
ii)
Place of Worship
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-176
c)
Notwithstanding the definition of Place of Worship under Section 3:
Definitions, the following shall apply:
Place of Worship
A building used by any religious organization
for public worship or other ecclesiastical
functions and may include accessory or
ancillary uses including but not be limited to
an assembly hall, auditorium, convent,
monastery, rectory, cemetery, Child Care
Centre and educational or recreational uses.
d)
Notwithstanding Subsections 5.2b), 5.2f), 5.5 a), 5.5 c) and 10.7.3 b), c), the
following regulations shall apply only to a Place of Worship:
i)
Minimum
Northerly
Side Yard
1. 1.9 metres for westerly side of
building; and,
2. 4.6 metres for easterly side of
building.
ii)
Minimum Southerly
Side Yard
2.8 metres for the easterly building
iii)
Minimum Rear Yard
16.0 metres
iv)
Landscaped Area
1. A landscaped area in the form of a
2.0 metre wide planting strip and a
board fence shall be provided
between the parking area and the
northerly side yard, except for that
portion of land between the front lot
line
and
the
existing
westerly
building.
2. A landscaped area with a minimum
width of 3.7 metres shall be provided
along the street line, and it shall be
continuous except for driveways
required for access to such parking
area.
v)
Minimum Number of
Parking Spaces
51, including 1 barrier free parking space
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-177
vi)
Parking Space Size
Dimension
A minimum parking space size of 2.6
metres by 5.5 metres shall be provided.
vii)
Barrier Free Space
Size Dimension
A minimum barrier free space size of 4.4
metres by 5.5 metres shall be provided.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
(By-law No. 25-155, August 06, 2025)
304. Within the lands zoned Neighbourhood Commercial (C2) Zone, Community
Commercial (C3) Zone, Mixed Use Medium Density (C5) Zone, Mixed Use Medium
Density - Pedestrian Focus (C5a) Zone, identified on Maps 482, 860, 903, 912,
947, 956, 958, 1039, 1042, 1085, 1136, 1175, 1234, 1238, 1251, 1287, 1291,
1302, 1389, 1398, 1502 and 1956 of Schedule "A" - Zoning Maps and described
as:
Property Address
Map Number
925 Barton Street East
956
19 Flamboro Street
482
473-489 Upper Wellington Street
1039 and 1085
139 and 141 Oak Avenue
912
902 Main Street East
1042
386 Upper Gage Avenue and 63 East 39th Street
1136
283 and 289 Highway No. 8
1251
889 Upper Paradise Road
1234 and 1287
200 King Street West
860
121 King Street West
860
134, 138 King Street West
860
16 Foundry Street
860
1 Osler Drive
903
1655 Main Street West
947
407, 413 Wilson Street East
1175
82 King Street East
1302 and 1249
605 Garner Road East
1389
136-146 Upper Mount Albion Road
1502
3194 Regional Road 56
1956
517 Kenilworth Avenue North
958
209 and 221 Limeridge Road East
1238 and 1291
902 Main Street East
1042
92 Stapleton Avenue
958
1368 Upper Gage Avenue
1398
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-178
The following special provisions shall apply:
a)
In addition to Subsections 10.2.1, 10.3.1, 10.5.1, 10.5a.1, the existing motor
vehicle related use shall also be permitted.
b)
In addition to Subsections 10.3.1 and 10.5a.1, for the lands located at 136-
146 Upper Mount Albion Road and 19 Flamboro Street, a Motor Vehicle
Washing Establishment shall also be permitted.
c)
In addition to Subsection 10.5a.1, for the lands located at 3194 Regional
Road 56, a Motor Vehicle Gas Bar shall also be permitted.
d)
In addition to Subsection 10.3.1, for the lands located at 1 Osler Drive, a
Motor Vehicle Service Station and a Motor Vehicle Rental Establishment shall
also be permitted.
e)
Notwithstanding Subsections 5.2b) and 5.2f), for lands located at 386 Upper
Gage Avenue, the following special Parking regulations shall also apply:
i)
Parking Space Size
Dimension
A minimum parking space size dimension
of 2.6 metres by 5.5 metres shall be
provided.
ii)
Barrier Free Parking
Space Size
Dimension
A minimum barrier free parking space size
dimension of 4.4 metres by 5.5 metres shall
be provided.
f)
In addition to Subsection 10.5.1 for lands located at 925 Barton Street East,
the existing Motor Vehicle Service Station and Motor Vehicle Collision Repair
Establishment shall also be permitted.
(By-law No. 17-240, November 8, 2017)
(By-law No. 22-071, April 13, 2022)
(By-law 22-084, April 13, 2022)
305. Within the lands zoned District Commercial (C6) Zone, identified on Map 1748 of
Schedule "A" - Zoning Maps and described as 3234A Homestead Drive, the
following special provision shall apply:
a)
In addition to Subsection 10.6.1, existing Manufacturing use shall also be
permitted.
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-179
306. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Map
860 of Schedule "A" - Zoning Maps and described as being located at 16 Foundry
Street, the following special provision shall apply:
a)
In addition to Subsection 10.5.1, a Tradesperson Shop shall also be
permitted.
(By-law No. 17-240, November 8, 2017)
307. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus (C5a)
Zone, identified on Maps 911 and 912 of Schedule "A" - Zoning Maps, and
described as 268, 270, 272, 276 Wellington Street North and 240 Barton Street
East, the following special provisions shall apply:
a)
No visual barrier shall be required along the rear lot line between a
Commercial Parking Facility and the existing dwelling at 266 Wellington
Street North.
b)
Subsection 10.5a.1.1 i) 3. A. shall not apply.
c)
Notwithstanding Subsections 5.1a)v), 5.2b), 5.2f), and 10.5a.3) i), the
following regulations shall apply to a Commercial Parking Facility:
i)
Planting Strip
Requirements
1. Minimum width of 1.2 metres
shall
be
provided
and
maintained at the rear lot line.
2. A
planting
strip
may
be
obstructed by a visual barrier
and may be obstructed by an
existing building of the adjacent
property
located
at
266
Wellington Street North.
3. Minimum width of 2.0 metres
shall
be
provided
and
maintained along a lot line
abutting a street.
ii)
Distance of
Parking Lot
from Street
A parking lot, excluding driveways
extending directly from the street,
shall not be located within 2.0
metres of a street line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-180
iii)
Parking Space
Size
Dimension
A minimum parking space size of
2.6 metres by 5.5 metres shall be
provided.
iv)
Barrier Free
Parking Space
Size
Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
(By-law No. 17-240, November 8, 2017)
308. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1084,
1132 and 1133 of Schedule "A" - Zoning Maps and described as 657, 659, 661,
663, 665, 667, 673, 675, 677 Upper James Street, the following special provisions
shall apply:
a)
Notwithstanding the definition of Front Lot Line in Section 3: Definitions of this
By-law, the definition of the Front Lot Line shall mean any lot line of the lot
abutting Upper James Street.
b)
Notwithstanding Subsections 4.19, 5.2b), 5.2f), 5.6 c), 10.6.3 a), b), c), and
i), the following regulations shall apply:
i)
Minimum Front Yard 2.3 metres.
ii)
Minimum Rear Yard
7.3 metres.
iii)
Minimum Side Yard
4.9 metres (southerly side yard) with
further eave projection.
iv)
Parking
Requirement
1 space per 27 square metres of
Gross Leasable Floor Area for any
permitted commercial use.
v)
Parking Space Size
Dimension
A minimum parking space size of 2.5
metres by 5.5 metres shall be
provided.
vi)
Barrier Free Parking
Space Size
Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
vii)
Visual Barrier
Maximum height of 2.6 metres Noise
Attenuation Wall provided along the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-181
portion of the Easterly lot line
abutting a Residential Zone.
c)
Notwithstanding Subsection 5.2.1 c), loading doors and associated loading
facilities shall also be permitted in the rear yard abutting a Residential Zone
or Institutional Zone and 1.5 metres away from the rear lot line.
(By-law No. 17-240, November 8, 2017)
309. Notwithstanding Sections 5.1 a)v)b), 5.2.1 c) and 5.6 e) iii., on those lands zoned
Mixed Use (TOC1) Zone, identified on Map 1090, of Schedule "A" - Zoning Maps
and described as 1440 Main Street East, the following special provisions shall
apply to the existing building and associated parking areas:
a) A 1.2 metre wide planting strip shall be provided and maintained along Main
Street East.
b) Loading doors shall be permitted in a required yard abutting a residential use
or Residential Zone.
c) A planting strip of not less than 1.4 metres in width shall be provided and
maintained along the westerly side lot line adjoining a residential use or
Residential Zone, except where a building, structure or accessory building is
located.
d) A parking ratio of 1 space for every 24m2 of gross floor area shall be
provided for the Medical Clinic use.
e) The boundary of every parking area on the surface of a lot adjoining a
Residential Zone shall be located not less than 1.4 metres from the adjoining
Residential Zone boundary.
310. Within the lands zoned Transit Oriented Corridor Mixed Use Medium Density
(TOC1) Zone, identified on Maps 907 and 949 of Schedule "A" - Zoning Maps and
described as 906 Main Street West and 122 Longwood Road South, the following
special provisions shall apply:
a)
The Front Lot Line shall be deemed to be the Lot line abutting Main Street
West; and,
b)
The lands described as 906 Main Street West and 122 Longwood Road
South shall be considered one lot for zoning purposes.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-182
c)
Subsection 11.1.3c) shall not apply to the westerly interior side lot line.
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
311. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus (C5a)
Zone, identified on Map 912 of Schedule "A" - Zoning Maps and described as 448
Barton Street East, the following special provisions shall apply:
a)
In addition to Subsection 10.5a.1, the existing Manufacturing use shall also
be permitted.
(By-law No. 17-240, November 8, 2017)
312. Within those lands zoned Mixed Use Medium Density (C5) Zone, identified on
Maps 1911 and 1934 of Schedule "A" - Zoning Maps, and described as 2550, 2640,
2651, and 2654 Regional Road 56, the following special provision shall apply:
a)
In addition to Subsection 10.5.1, a fairground shall also be permitted.
(By-law No. 17-240, November 8, 2017)
313. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Maps
1241, 1248, 1249, and 1252 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
454 - 458 Highway 8
1252
30, 32, 36 Lake Avenue Drive
1248 and 1249
796 Upper Gage Avenue
1241
The following special provisions shall apply:
a)
In addition to Subsection 10.2.1, a Funeral Home shall also be permitted.
b)
In addition to Clause a), a Parking Lot accessory to a Funeral Home shall
also be permitted at 30 Lake Avenue Drive.
(By-law No. 17-240, November 8, 2017)
314. Within the lands zoned Community Commercial (C3) Zone, identified on Map 1260
of Schedule "A" - Zoning Maps and described as 3 and 15 Lockport Way, the
following special provisions shall apply:
a)
In addition to Subsection 10.3.1, the following uses shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-183
i)
Commercial Recreation
ii)
Place of Assembly
iii)
Equipment and Machinery Sales
iv)
Rental and Service Establishment
v)
Funeral Home
vi) Commercial Entertainment
vii)
Museum
viii) Place of Worship
(By-law No. 17-240, November 8, 2017)
315. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps 1499,
1505, 1506, 1546, 1635 and 1636 of Schedule "A" - Zoning Maps and described
as 1170, 1188 and 1205 Rymal Road East, 267, 275 - 283 and 293 Upper
Centennial Parkway and 5365 Twenty Road East, the following special provisions
shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be permitted:
i)
Retail
ii)
Office
iii)
Personal Service
b)
In addition to Subsection 10.7.1 and Clause a) and notwithstanding Clause
a) ii), for the lands located at 267, 275, 277, 279, 283 and 293 Upper
Centennial Parkway, the following uses shall also be permitted:
i)
Financial Establishment
ii)
Medical Clinic
iii)
Office, provided it is located above the ground floor
c)
In addition to Subsection 10.7.1 and Clause a), for the lands located at 5365
Twenty Road East, the following uses shall also be permitted:
i)
Child Care Centre
ii)
Custom Workshop
iii)
Financial Establishment
iv)
Manufacturing, except for the uses listed below which shall be
prohibited, even as an accessory use:
Beverage Distillation
Breweries
Concrete Crushing
Manufacturing of Asbestos, Phosphate or Sulphur Products
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-184
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
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 or Rubber or Rubber Products
Explosives Manufacturing
Pulp and Paper Mills
v)
Medical Clinic
d)
Notwithstanding Subsections 5.1 a) v) b), 5.6c) and 10.7.3a), b), c), and d),
for the lands located at 267, 275, 277, 279, 283 and 293 Upper Centennial
Parkway, the following regulations shall apply:
i)
Minimum Front Yard
3.0 metres
ii)
Maximum Front Yard
6.0 metres
iii)
Minimum Side Yard
3.0 metres
iv)
Minimum Rear Yard
1.0 metres
v)
Maximum Height
15.0 metres
vi)
Minimum Landscape
Open Space
1. A landscape strip having a
minimum width of 3.0
metres shall be provided
adjacent to any street
except for points of ingress
and egress.
2. A landscape strip having a
minimum width of at least
3.0
metres
shall
be
provided adjacent to every
portion of any lot line that
abuts any zone other than
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-185
a commercial or industrial
zone.
vii)
Minimum Parking
Requirements
A minimum of one parking
space per 28 square metres
of gross floor area or fraction
thereof shall be required.
viii)
Minimum Loading
Requirements
1 loading space shall be
required.
ix)
A minimum of 40 percent of the ground floor façade shall
be composed of windows and doors for the buildings
fronting Mud Street West and Upper Centennial
Parkway
x)
The minimum combined width of the ground floor façade
of all buildings located along Mud Street West shall be
equal to 40 percent or more of the measurement of the
front lot line, and shall be subject to a maximum building
setback of 6.0 metres.
xi)
The minimum combined width of the ground floor façade
of all buildings located along Upper Centennial Parkway
shall be equal to 40 percent or more of the measurement
of the side lot line, and shall be subject to a maximum
building setback of 6.0 metres.
e)
Notwithstanding Subsections 5.1 a) v) b) and 10.7.3 a), for the lands located
at 5365 Twenty Road East, the following regulations shall also apply:
i)
Minimum Lot
Frontage
45.0 metres
ii)
Minimum Lot Depth
75.0 metres
iii)
Minimum Lot Area
0.4 hectares
iv)
Minimum Front Yard
15.0 metres
v)
Minimum
Landscaping
Requirements
A. A landscaped area having
a minimum width of 7.5
metres shall be provided
and thereafter maintained
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-186
adjacent to every portion
of any lot line that abuts a
street
line
(except
driveways) or any Zone
where the adjoining land is
used for residential or
institutional purposes.
B. All portions of any lot not
covered by buildings or
structures or not used for
driveways,
storage,
parking,
loading
or
walkways,
shall
be
grassed or have other
suitable vegetative cover
designed to provide an
attractive appearance.
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-155, August 06, 2025)
316. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus (C5a)
Zone, identified on Map 1039 and 1085 of Schedule "A" - Zoning Maps and
described as 488 Upper Wellington Street, the following special provisions shall
apply:
a)
In addition to Subsection 10.5a.1, only one of the following uses shall also be
permitted.
i)
Townhouse Dwellings
ii)
Multiple Dwellings
b)
In addition to Clause i), a maximum of 12 townhouse dwelling units shall be
permitted or a maximum of 18 multiple dwelling units shall be permitted.
c)
Notwithstanding Subsections 5.1a) v) a), 10.5a.3 a), and d) ii) and iii), the
following regulations shall apply:
i)
Minimum Lot Area
3,600 square metres
ii)
Maximum Height
11.0 metres or two storeys
iii)
Yard abutting
Northerly Lot Line
A yard having a minimum depth of
3 metres in the case of multiple
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-187
dwellings or 6 metres in the case of
townhouse
dwellings
shall
be
provided and maintained along the
northerly lot line.
iv)
Location of Parking
Spaces
Parking spaces shall be separated
from the street by a building or
structure, or by a planting strip
having a minimum of 3.0 metres in
the case of multiple dwellings, or
6.0
metres
in
the
case
of
townhouse dwellings, except for
any areas used for vehicular
access.
(By-law No. 17-240, November 8, 2017)
317. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus (C5a)
Zone, identified on Map 1040, 1044, 1934 of Schedule "A" - Zoning Maps and
described as:
Property Address
Map Number
473 Concession Street
1040
130 Kenilworth Avenue North
1044
2660, 2668 Binbrook Road
1934
2651 Regional Road 56
1934
The following special provision shall apply:
a)
In addition to Subsection 10.5a.1 and notwithstanding Section 10.5a.2 ii), the
following uses shall also be permitted:
i)
Drive-Through Facility
b)
Notwithstanding Subsections 5.2b) and 5.2f), 5.6c) for the lands located at
2660, 2668 Binbrook Road and 2651 Regional Road 56, the following
special regulations shall also apply:
i)
Parking Space Size
Dimension
A minimum parking space size dimension
of 2.6 metres by 5.5 metres shall be
provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-188
ii)
Barrier Free Parking
Space Size
Dimension
A minimum barrier free parking space size
dimension of 4.0 metres by 5.5 metres shall
be provided.
iii) Parking
Requirements
1.
1 space per residential unit; and,
2.
1 space per 31.5 square metres of
Gross Floor Area for any commercial
use.
(By-law No. 17-240, November 8, 2017)
318. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Maps
1342, 1394 and 1395 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
25 Rymal Road West
1394
35 Rymal Road West
1394
41 Rymal Road West
1394
49 Rymal Road East
1394 and 1395
55 Rymal Road East
1394 and 1395
57 Rymal Road West
1394
71 Rymal Road West
1394
79 Rymal Road West
1394
The following special provisions shall apply:
a)
In addition to Subsection 10.5.1 and notwithstanding Subsection 10.5.2, the
following uses shall also be permitted:
i)
Commercial Motor Vehicle Sales, Rental and Service Establishment
ii)
Equipment and Machinery Sales, Rental and Service Establishment
iii)
Garden Centre
iv)
Major Recreational Equipment Sales, Rental and Service
Establishment
v)
Motor Vehicle Dealership
vi)
Motor Vehicle Rental Establishment
vii)
Surveying, Engineering, Planning or Design Business
viii) Warehouse
b)
Notwithstanding the definition of Planting Strip and Landscaped Area in
Section 3: Definitions and notwithstanding Subsections 4.19, 10.5.3 i), and in
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-189
addition to Subsection 10.5.3 j) for lands located at 55 Rymal Road East, the
following regulations shall also apply:
i)
For the purposes of Special Exception No. 318 the following definitions
shall also apply:
Planting Strip
Means an area of land growing
ornamental shrubs or trees or both,
suitable to the soil and climatic
conditions of the area of land for the
sole purpose of providing a visual
barrier or buffer, and shall include light
standards.
Landscaped Area
1)
Shall mean an area of land
provided and maintained on the
same lot on which the building or
structure is situated and shall
include
light
standards
and
signage.
No
part
of
the
Landscaped Area shall be other
than:
i)
Fully and completely open
and exposed to natural light
and air and unobstructed
above the surface;
ii)
Used exclusively for scenic,
recreational or like uses;
and,
iii)
Not less than 50% of which
shall
be
natural
earth
comprised of the natural
planting of grass lawns,
trees, shrubs and flowers in
such manner as to establish
and
enhance
the
beautification
of
the
landscaped area and any
building or structure on the
same lot, and may include a
planting strip.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-190
2)
In addition to the regulations of
3(k)(i), signage in a landscaped
area shall only be permitted in the
front yard.
3)
And shall not include area used
for parking space, manoeuvring
space,
access
or
egress
driveways or any other vehicular
purpose of any kind, nor any area
occupied
by
an
accessory
building, nor any open space
beneath, within or on the roof of
any
building
except
where
permitted in a zone.
ii)
In addition to Subsection 5.3.1 a), for every parking lot and loading
space on a lot adjoining a Residential Zone, a Landscaped Area with
a Planting Strip of not less than 1.5 metres in width between the
parking lot and the lot line abutting a Residential use, and a visual
barrier being 2.0 metres in height, shall be provided and maintained.
c)
Notwithstanding Sections 10.5.3a), b), c), d), and k), the following regulations
shall apply only to the uses listed in Clause a):
Minimum Front Yard
Setback
18.0 metres
i)
Minimum Rear Yard
i)
6.0 metres; and,
ii)
7.5 metres abutting a
Residential or Institutional
Zone or lot containing a
residential use.
ii)
Minimum Side Yard
i)
1.5 metres; and,
ii)
4.5 metres abutting a
Residential or Institutional
Zone or lot containing a
residential use.
iii)
Building Height
Maximum 14.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-191
iv)
Subsections 10.5.3g) ii), iii), iv), and vi) shall not apply.
v)
Outdoor Storage
i) The display of goods or
materials
for
retail
purposes accessory to a
Retail use shall only be
permitted in the front,
side, and rear yard;
ii) Notwithstanding Clause
i), an outdoor storage
area shall not be located
on a planting strip, or
required
parking
or
loading area; and,
iii) An Outdoor storage area
shall be located a of
minimum 6.0 metres from
a
Residential
or
Institutional Zone or lot
containing a residential
use, or a lot line fronting
onto a street, and shall be
screened or fenced from
view.
iv) An outdoor storage area
attached to a building
shall not exceed 500
square metres, or an
area equivalent to 5% of
the Gross Floor Area,
whichever is lesser.
(By-law No. 17-240, November 8, 2017)
(By-law 19-233, September 25, 2019)
(By-law 25-187, October 8, 2025)
(By-law No. 26-052, March 04, 2026)
319. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Maps
1452, 1453, 1501, 1502 of Schedule "A" - Zoning Maps and described as Heritage
Green, shown as Figure 8 of Schedule "F" - Special Figures, the following special
provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-192
a)
In addition to Section 3: Definitions, the following definitions shall also apply:
Dwelling Group
Means a group of more than one
maisonette, townhouse or apartment or
any combination thereof.
Maisonette
Shall mean a back to back townhouse
dwelling.
Live/Work Unit
Shall mean a dwelling unit having a
residence and business in the same
location which consists of a ground
floor
commercial
unit
having
a
maximum of 50 square metres of gross
floor
area
and
an
upper
level
residential unit. Commercial uses in a
"Live / Work Unit" shall be limited to a
personal service shop, a professional
office, and a retail store.
Wholesale and Retail
Warehouse Facility
Shall mean a large scale building, with
a minimum Gross Floor Area of 4,645
square metres, which distributes a
broad range of goods or distributes
high volumes of a specific type of
merchandise
and
functions
in
a
warehouse format where most goods
are stored, displayed and offered for
sale in one and the same area, but
excludes
department
stores
and
supermarkets.
Warehouse Membership
Club
Shall mean a building with a minimum
Gross Floor Area of 4,645 square
metres, occupied by a single user,
where the principal use is the sale of
food and non-food products which are
generally stored, displayed and offered
for sale in one and the same area in a
warehouse
format
and
where
customers, whether retail or wholesale,
are generally required to be members
of the club, but excludes department
stores and supermarkets.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-193
b)
For the purposes of Special Exception No. 319 the following special
provisions shall apply to Area A as shown on Figure 8 of Schedule "F" -
Special Figures:
A)
In addition to Subsection 10.5.1, the following uses shall also be
permitted:
i)
Building or Contracting Supply Establishment
ii)
Building and Lumber Supply Establishment
iii)
Home Improvement Supply Establishment
iv)
Warehouse Membership Club
v)
Wholesale and Retail Warehouse Facility
B)
In addition to Subsection 10.5.2, the following use shall also be
prohibited:
i) Food Store
C)
Notwithstanding Subsections 5.6c), 10.5.3 a), c), d), g)ii) and iii), the
following Regulations shall apply:
i)
Maximum Lot
Coverage
25 percent
ii)
Minimum and
Maximum Setback
A. Minimum 6.0 metres from
the south lot line;
B. Minimum 6.0 metres from
east lot line (for Wholesale
and
Retail
Warehouse
Facility,
Warehouse
Membership Club, Building
Supply
Outlet
in
an
enclosed building);
C. Maximum 2.0 metres from
the east lot line (for all
other uses).
iii)
Maximum Building
Height
12.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-194
iv)
Additional
Regulations for
buildings fronting on
Upper Mount Albion
A. Minimum built frontage
shall not be less than 30%
of the total distance of the
street
frontage
within
210.0
metres
of
Paramount Drive.
B. Maximum building depth
shall
be
25.0
metres
within 210.0 metres of
Paramount Drive.
v)
Built Form
Each use, other than an
accessory
use,
shall
be
contained in a building having
all of its customer access
doors
opening
directly
outdoors and shall not open
onto
another
store
or
unenclosed corridor.
vi)
Landscaped Area
A.
Minimum
Landscaped
Open Space shall be 15%
of the lot area, a portion
which shall include the
following
where
appropriate:
1. A planting strip having a
minimum width of 6.0
metres
shall
be
provided adjacent to
any
public
street,
except for points of
ingress
and
egress,
and between the street
and any building along
the east lot line; and,
2. A minimum width of 7.5
metres
shall
be
provided adjacent to
the north and west
property lines.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-195
vii)
Parking
A. 4.5 spaces for each 93.0
square metres; and,
B. No parking space or part
thereof shall be located
and no land shall be used
for the temporary parking
or storage of any motor
vehicle at a distance of
less than 6.0 metres from
the east and south lot lines
or closer than 7.5 metres
from the north and west lot
lines.
viii)
Additional
Regulations for
Wholesale and Retail
Warehouse Facility,
Warehouse
Membership Club,
Building Supply
Outlet in an enclosed
building and
Retail Establishments
A.
28,335
square
metres
Maximum
Total
Gross
Floor area;
B. In addition to Clause A.,
14,500
square
metres
Maximum
Gross
Floor
Area per unit;
C. In addition to Clause A.,
1,860
square
metres
Minimum Gross Floor Area
per unit; and,
D. Notwithstanding Clause 1.,
for every square metre of
office space built in excess
of 2,272 square metres in
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-196
Area A, an equal amount of
retail
space
will
be
permitted to a maximum of
2,272 square metres.
c)
For the purposes of Special Exception No. 319 the following special
provisions shall apply to Area B as shown on Figure 8 of Schedule "F" -
Special Figures:
1.
Notwithstanding Subsection 10.5.1, the permitted uses shall be limited
to the following:
i) Art Galleries
ii) Child Care Centre
ii)
Commercial Recreation
iii)
Commercial School
iv)
Commercial Entertainment
v)
Conference or Convention Centre
vi)
Convenience Food Stores
viii) Dry Cleaning or Laundering Establishments
ix)
Financial Establishment
x)
Libraries
xi)
Medical Clinics
xii)
Offices
xiii) Personal Service
xiv) Private Club or Lodge
xv) Restaurant.
2.
Notwithstanding Subsections 5.1.a) v), 10.5.3a), b), c) and g) v) the
following regulations shall apply:
i)
Maximum Lot Coverage
25%
ii)
Minimum Gross Floor Area
for Office
1,000 square metres.
iii)
Maximum Front Yard
2.0
metres
shall
be
provided
for
those
buildings along Upper
mount Albion Road.
iv)
Minimum Side Yard
6.0
metres
shall
be
provided
along
Paramount Drive.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-197
v)
Maximum Side Yard
3.0 metres along the
proposed street.
vii)
Minimum Rear Yard
6.0 metres shall be
provided along
Winterberry Drive.
viii) Landscape Requirements
A planting strip having a
minimum width of 6.0
metres shall be provided
adjacent to any street,
except
for
points
of
ingress and egress, and
between the street and
any building along Upper
Mount Albion Road and
the north limits of Area B
as shown in Figure 8 of
Schedule "F".
ix)
Parking
In addition to Section 5 of
this By-law, no parking
space or part thereof
shall be located and no
land shall be used for the
temporary
parking
or
storage of any motor
vehicle at a distance of
less than 6.0 metres from
any street line.
x)
Additional Regulations for
buildings fronting on Upper
Mount Albion
The
minimum
built
frontage shall be 20% of
the total distance of the
street frontage in any one
block.
xi)
Built Form
Each use, other than an
accessory use, shall be
contained in a building
having all of its customer
access doors opening
directly
outdoors
and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-198
shall
not
open
onto
another
store
or
unenclosed corridor.
d)
For the purposes of Special Exception No. 319 the following special
provisions shall apply to Area C as shown on Figure 8 of Schedule "F" -
Special Figures:
1.
Notwithstanding Subsection 10.5.1, the permitted uses shall be limited
to the following:
i)
Child Care Centre
ii)
Financial Establishment
iii)
Home Business
iv)
Multiple Dwelling
v)
Office
vi)
Personal Service Establishment
vii)
Restaurant
viii)
Studio
2.
Notwithstanding Subsections 5.6 c), 10.5.3a), b). c), d), e), f), h), and k)
ii), the following regulations shall apply:
i)
Minimum Lot Area
1,200 square metres
ii)
Minimum Lot Frontage
20.0 metres
iii)
Maximum Lot
Coverage
30 percent
iv)
Maximum Gross Floor
Area
600.0 square metres
v)
Maximum Front Yard
3.0 metres
vi)
Minimum Interior Side
Yard
3.0 metres
vii)
Maximum Exterior
Side Yard
3.0 metres
viii)
Minimum Rear Yard
9.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-199
ix)
Maximum Building
Height
13.5 metres or 3 storeys
x)
Restriction of
Commercial Uses
No commercial uses are
permitted
except
where
contained
jointly
with
multiple dwelling units in the
same building.
xi)
Maximum Residential
Density
80 units per hectare.
xii)
Minimum Amenity
Area per Dwelling Unit
A. 14.0 square metres per
Bachelor Unit;
B. 18.0 square metres per
One Bedroom Unit;
C. 53.0 square metres per
Two Bedroom Unit; and,
D. 88.0 square metres per
Three Bedroom Unit.
E. 125.0 square metres per
Four Bedroom Unit
xiii)
Minimum Landscaped
Open Space
A. A Landscaped Area shall
not be less than 50
percent of the lot area of
which at least 25 percent
shall be in one area other
than the front yard;
B.
A
portion
of
the
landscaped area shall be
a planting strip having a
minimum width of 3.0
metres provided adjacent
to any street, except for
points of ingress and
egress, and between the
street and any building
along
Upper
Mount
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-200
Albion Road and the
south lot line.
xiv)
Outdoor Storage
Outdoor Storage shall be
prohibited.
xv)
Parking
A. In accordance with
Section 5 of this By-law;
B. Notwithstanding A.
above, 1.5 spaces shall
be provided per dwelling
unit.
e)
For the purposes of Special Exception No. 319 the following special
provisions shall apply to Area D as shown on Figure 8 of Schedule "F" -
Special Figures:
1.
For lands located in Area D-1, D-2, and D-3, notwithstanding
Subsection 10.5.1, permitted uses shall be limited to the following:
i)
Dwelling Groups
ii)
Home Business
iii)
Live/Work Units
iv)
Multiple Dwelling
v)
Townhouses
2.
For lands located in Area D-4, notwithstanding Subsection 10.5.1,
permitted uses shall be limited to the following:
i)
Dwelling Groups
ii)
Home Business
iii)
Live/Work Units
iv)
Multiple Dwelling
v)
Townhouses
3.
Notwithstanding the definition of Front Lot Line in Section 3:
Definitions of this By-law, the definition of the Front Lot Line shall
mean any lot line of the lot abutting Artfrank Drive.
4.
Notwithstanding Subsections 4.6d), 10.5.3a), b), c), d), g) ii) and iii),
and h), the following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-201
i)
Minimum Yard Depth
from Daylight Triangle
1.5
metres
from
the
hypotenuse of the daylight
triangle
ii)
Yard Projection of a
Balcony
A balcony may project a
maximum of 4.5 metres into
any required rear yard and
1.6 metres into any required
side yard.
iii)
Maximum Setback
Abutting a Street
6.6 metres, except that the
maximum setback from the
south lot line shall not apply
to a Multiple Dwelling.
iv)
Minimum Interior Side
Yard for Townhouses
and Dwelling Groups:
3.0 metres, except that a
minimum 9.0 metres shall be
provided and maintained for
the
easterly
townhouse
block
adjacent
to
lands
zoned Mixed Use Medium
Density (C5, SE 319) Zone,
with a Special Exception,
known municipally as 182
and 188 Upper Mount Albion
Road.
v)
Side Yard for Multiple
Dwellings
1. Minimum Interior
9.0 metres
2. Maximum Exterior
6.7 metres
vi)
Minimum Rear Yard for
Multiple Dwellings
8.8 metres
vii)
Maximum Density
200 units per hectare
viii)
Maximum Building
Height of Townhouse,
Maisonette, Live/Work
3 storeys or 13.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-202
Units, and/or Dwelling
Groups located in Area
D-4
ix)
Maximum Building Height
for Apartment Buildings
Area D-1: 7 storeys or 24.1
metres, however
the building shall
be
stepped
in
from both ends of
the
building
a
minimum of 3.0
metres for each
storey above 16
metres of building
height.
Area D-2: 12 Storeys or
40.6 metres
Area D-3: 8 storeys or 27.4
metres
x)
Privacy Areas
Notwithstanding
the
yard
requirements above, each
maisonette and townhouse
unit shall have at least one
area which serves as a
privacy area which shall be
adjacent to the dwelling unit
and shall have a minimum
depth of 2.5 metres.
xi)
Minimum Landscape
Area
39.0 percent
xii)
Subsection 10.5.3h) shall not apply.
5.
Notwithstanding Subsections 5.2b)i), ii), and iii), 5.2f), and 5.6c) the
following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-203
i)
Minimum Parking Space
Size Dimensions
For other than 90 degree
perpendicular
parking
spaces
and
for parking
spaces
within
private
residential
garages
designed to accommodate
one
motor
vehicle,
the
parking space shall not be
less than 2.6 metres in width
or less than 5.5 metres in
length exclusive of any land
used
for
access,
manouvering, driveways, or
a similar purpose.
ii)
Projections into Parking
Spaces
In addition to Clause i), a
single
step,
hose
bibs,
electrical
devices
and/or
ductwork
and
closet
enclosures may project not
more than 0.3 metres into
the required length or width
of a parking space.
iii)
Barrier-Free Parking
Requirements
At least 1 percent of the
required
parking
spaces,
with a minimum of one
parking
space,
on
any
parking lot having more than
10 parking spaces shall have
a
minimum
rectangular
dimension of 4.4 metres by
5.5 metres.
iv)
Parking Restrictions in
Residential Zones
Parking spaces shall have a
width of not less than 2.6
metres and a length of not
less than 5.5 metres and
barrier free parking spaces
shall have a width of not less
than 4.4 metres and a length
of not less than 5.5 metres,
exclusive of any land used to
permit ingress or egress to
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-204
said
parking
spaces,
manouvering
areas,
driveways or aisles. One
parking
space
within
a
private residential garage
shall not be less than 2.6
metres in width or less than
5.5 metres in length.
v)
Parking Requirement for
Townhouse / Maisonette
Dwellings
2.1 spaces per unit, which
includes visitor spaces.
vi)
Parking Requirement for
Bachelor / One Bedroom
Multiple Dwelling Units
1.55 spaces per unit, which
includes visitor spaces.
vii)
Parking Requirement for
Two Bedroom Multiple
Dwelling Units
1.8 spaces per unit, which
includes visitor spaces.
viii)
Parking Requirement for
Three Bedroom Multiple
Dwelling Units
2.05 spaces per unit, which
includes visitor spaces.
ix)
Parking Location
Where there is a grouping of
three
or
more
parking
spaces, no parking shall be
provided closer than 0.9
metres to any dwelling unit
located on the same lot,
except that the provisions of
this clause shall not apply to
any parking space located
within
an
underground
garage.
f)
For the purposes of Special Exception No. 319 the following special
provisions shall apply to Area E as shown on Figure 8 of Schedule "F" -
Special Figures:
1.
Notwithstanding Subsection 10.5.1, permitted uses shall be limited to
the following:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-205
i)
Home Business
ii) Multiple Dwelling
iii) Stormwater management facility
2.
Notwithstanding Subsections 5.1a) v), 5.6 c), 10.5.3 a), b), c), d), and
h), the following regulations shall apply:
i)
Minimum Lot Area
4,000 square metres
ii)
Minimum Lot Frontage
45.0 metres
iii)
Minimum Front Yard
7.5 metres
iv)
Minimum Side Yard
7.5 metres
v)
Minimum Flankage
Yard
9.0 metres
vi)
Minimum Rear Yard
7.5 metres
vii)
Increased Yards
Notwithstanding iii) - vi)
above, Front yard, side yard
and rear yard requirements
shall each be increased by
1.0 metre for each 3.0
metres or part thereof by
which the building exceeds a
height of 15 metres.
viii)
Maximum Lot
Coverage
35 percent
ix)
Maximum Residential
Density
100
dwelling
units
per
hectare
x)
Maximum
Building
Height
25 metres
xi)
Minimum Landscaped
Open Space
A. The landscaped area
shall not be less than
50 percent of the lot
area of which at least
25 percent shall be in
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-206
one area which is not
the front yard
B. A planting strip having
a minimum width of
4.5 metres shall be
provided and
thereafter maintained
adjacent to every
portion of any lot that
abuts a street except
for points of ingress
and egress.
xii)
Minimum Distance
between Residential
Buildings on the Same
Lot
21.0 metres
xiii)
Minimum Amenity
Areas per Dwelling
Type
A. 1.5 square metres per
bachelor unit;
B. 2.0 square metres per
one bedroom unit;
C. 3.0 square metres per
two bedroom unit;
D. 4.0 square metres per
three bedroom unit;
E. 4.0 square metres per
four bedroom unit; and,
F. In addition to Clauses
A.-E., not less than 10
percent of the total of
the amenity areas shall
be provided inside the
applicable
multiple
dwelling building, and
such inside area shall
not be less than 93.0
square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-207
xiv)
Parking
A. 1.25 parking spaces
and 0.35 visitor parking
spaces
for
each
bachelor
or
one
bedroom
multiple
dwelling unit;
B. 1.5 parking spaces and
0.35
visitor
parking
spaces for each two
bedroom
multiple
dwelling unit;
C. 1.75 parking spaces
and 0.35 visitor parking
spaces
for
each
multiple dwelling unit
having three or more
bedrooms;
D. No common parking
space shall be located
closer than 3.0 metres
from a single detached,
semi-detached
or
duplex
residential
zone; and,
E. At least 60 percent of
the
required
tenant
parking
shall
be
underground
and/or
within
the
multiple
dwelling.
Underground parking
shall not be bound by
setback requirements;
however underground
parking above grade
shall be setback a
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-208
minimum of 3.0 metres
from any lot line.
g)
For the purposes of Special Exception No. 319 the following special
provisions shall apply to Area F as shown on Figure 8 of Schedule "F" -
Special Figures:
1.
Notwithstanding Subsection 10.5.1, permitted uses are limited to the
following:
i)
Botanical Gardens
ii)
Cemeteries
iii)
Conservation Uses
iv)
Fishing Preserves
v)
Golf Courses
vi)
Hazard Lands
vii)
Nature Trails
viii) Public and Private Parks
ix)
Public Greenhouses
x)
Wildlife Management Areas
xi)
Woodlots
2.
Notwithstanding Subsections 10.5.3a), b) and c), the following
regulations shall apply:
i)
Maximum Lot
Coverage
20 percent;
ii)
Minimum Front Yard
15.0 metres;
iii)
Minimum Side Yard
15.0 metres;
iv)
Minimum Rear Yard
15.0 metres;
v)
Minimum Landscaped
Area
75 percent of the lot
area;
vi)
Outdoor Storage
No
outdoor
storage
shall be permitted.
vii)
Parking
In
accordance
with
Section 5 of this By-
law.
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-209
(By-law No. 19-062, March 27, 2019)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
320. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1434
and 1435 of Schedule "A" - Zoning Maps and described as 1060, 1080, 1090,
1096, 1100, 1110, 1122, 1130, 1136, 1142, 1144, 1146 and 1147 Wilson Street
West and 1051 Garner Road West, the following special provisions shall apply:
a)
In addition to Subsection 10.6.2, the following uses shall also be prohibited:
i)
Welding and Sheet Metal Shop.
b)
In addition to Subsection 10.6.1, the following uses shall also be permitted:
i)
Home Improvement Supply Establishment
ii)
Building and Lumber Supply Establishment
c)
In addition to Subsection 10.6.3 f) the maximum gross floor area for all
buildings shall be 38,000 square metres, including any garden centre which
is located in a permanent building or structure, but excludes Hotel, Motor
Vehicle Gas Bar and Motor Vehicle Car Washing Establishment.
d)
Subsections 10.6.3 g) ii) and iii) shall not apply for individual new buildings
with a maximum gross floor area of 500 square metres.
e)
Notwithstanding Subsection 10.6.3 j), the following outdoor storage
regulations shall apply:
i)
Outdoor storage shall not be permitted in any minimum yard abutting
a street;
ii)
Outdoor storage shall be located a minimum of 3 metres from any side
or rear yard not abutting a street;
iii)
Outdoor storage shall be screened from view from any street by way
of a minimum 1.5 metre decorative, solid board fence, or a minimum 3
metre planting strip; and,
iv)
Outdoor storage areas shall not exceed an area equal to 4% of the
gross floor area of the building to which it is accessory.
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-210
321. Within the lands zoned Community Commercial (C3) Zone, identified on Map 1295
of Schedule "A" - Zoning Maps and described as 902 Mohawk Road East, the
following special provision shall apply:
a)
Notwithstanding Subsection 10.3.1 and in addition to Subsection 10.3.2, a
Restaurant shall be prohibited.
(By-law No. 17-240, November 8, 2017)
322. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus (C5a)
Zone, identified on Map 912 of Schedule "A" - Zoning Maps and described as
401.5 Barton Street East, the following special provision shall apply:
a)
Notwithstanding Subsection 10.5a.1, existing residential uses shall also be
permitted on the ground floor.
(By-law No. 17-240, November 8, 2017)
323. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Map
1306 of Schedule "A" - Zoning Maps and described as 604 Highway No. 8, the
following special provisions shall apply:
a)
Notwithstanding Subsection 10.2.1, the permitted uses shall be located within
the existing heritage building and shall be limited to the following:
i)
Medical clinic
ii)
Professional office
iii)
One (1) accessory dwelling unit, provided such use is located together
with a permitted commercial use within the same heritage building and
is not located on the ground floor or in the cellar or basement
b)
Notwithstanding Subsections 10.2.3b), d) and j), the following regulations
shall apply:
i)
Existing
heritage building
The external appearance and height,
comprising of the entire north, west and
east facades and hip roof, and all
associated
building
material
and
architectural features of the two-and-one-
half storey heritage structure, shall be
preserved and maintained. These materials
and features include, but are not limited to,
the high stone foundation, wrap-around
verandah,
entranceways
and
doors,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-211
windows and leaded glass, stone sills and
lintels, brickwork, chimneys, cross
gables and hip roof and all associated
decorative woodwork existing on November
27, 2002.
ii)
Landscaped
strip
The minimum landscaped strip along the
east property line and the rear lot line,
between the east property line and
detached garage, shall be 2.5 metres.
iii)
Minimum Rear
Yard Setback
1.5 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
324. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Map
1436 of Schedule "A" - Zoning Maps and described as 21 Panabaker Drive, the
following special provisions shall apply:
a)
In addition to Subsection 10.2.1, the following uses shall also be permitted:
i)
Establishments providing Education or Instructional Services
ii)
Gymnasiums or Health Clubs excluding body rub parlours
iii)
Medical and Dental laboratories
iv)
Printing Establishment
v)
Retail, excluding adult-oriented video rental outlets and similar retail
outlets
vi)
Service shop
vii)
Sub-Post Office
b)
In addition to Subsection 3, for the purpose of Special Exception No. 324 the
following definition shall apply:
Sub-Post Office
Means a Government of Canada postal sub-
station or a commercial parcel pick-up and
delivery service.
c)
Notwithstanding Subsections 5.6 c) and 10.2.3 h), the following regulations
shall also apply:
i)
A fast food restaurant shall not exceed more than 40% of the
total Gross Floor Area.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-212
ii)
Gymnasiums or Health Clubs, excluding Body Rub Parlours,
shall not exceed more than 40% of the total Gross Floor Area.
iii)
A Medical Clinic shall not exceed more than 40% of the total
Gross Floor Area.
iv)
Medical and Dental Laboratories shall not exceed more than
35% of the total Gross Floor Area.
v)
A Restaurant shall not exceed more than 25% of the total
Gross Floor Area.
vi)
A minimum of 1 parking space for every 22 square metres of
Gross Floor Area for all permitted uses shall be provided.
(By-law No. 17-240, November 8, 2017)
325. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Map
1247 of Schedule "A" - Zoning Maps and described as 2791 King Street East, the
following special provisions shall apply:
a)
In addition to Subsection 10.2.1, an existing parking lot in conjunction with an
existing medical clinic located at 2803 King Street East shall also be
permitted.
b)
Notwithstanding 5.2b), 5.2f) and 5.2i), the following regulations shall also
apply:
i)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
ii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
iii)
Minimum Aisle Width
A minimum aisle width with a 90
degree angle to a parking space shall
be 5.5 metres.
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-213
326. Within the lands zoned District Commercial (C6) Zone, identified on Maps 549,
581, 582, 612 of Schedule "A" - Zoning Maps and described as Clappison's
Corner, shown as Figure 9 of Schedule "F" - Special Figures, the following special
provisions shall apply:
a)
In addition to Subsection 10.6.1, the following uses shall also apply:
i)
Automotive Convenience Centre
ii)
Child Care Centre
iii)
Commercial Entertainment
iv)
Commercial Recreation
v)
Commercial School
vi)
Conference or Convention Centre
vii)
Dry Cleaning Distribution Station
viii)
Dry Cleaning Establishment
ix)
Financial Institution
x)
Funeral Home
xi)
Hotel
xii)
Industrial Research and Development Establishment
xiii)
Medical Clinic
xiv)
Mini Storage uses within a wholly enclosed building(s) with no
associated outdoor storage
xv)
Motel
xvi)
Motor Vehicle Gas Bar
xvii)
Motor Vehicle Service Station
xviii) Motor Vehicle Washing Establishment
xix)
Office
xx)
Outdoor Storage Areas associated with Garden Centre and Home
Improvement/Building Supplies Establishment
xxi)
Personal Service
xxii)
Printing Establishment
xxiii) Restaurant
xxiv) Retail
xxv)
Warehouse
xxvi) Wholesale and Retail Warehouse Facility
xxvii) Wholesale Membership Club
xxviii) Veterinary Service
b)
Notwithstanding Subsections 10.6.3a), b), c) i), d), f), and g) ii), iii), iv), v), and
in addition to Subsection 10.6.3 i) and j), the following regulations shall apply:
i)
Minimum Lot Frontage
30 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-214
ii)
Minimum Lot Area -
Restaurant
1,240 square metres.
iii)
Minimum Lot Area - All
Other Uses
1,500 square metres.
iv)
Maximum Lot Coverage
30% except a lot with only Business,
Professional, or Administrative Office
use or uses shall be permitted a
maximum lot coverage of 50%.
v)
Yard Abutting a
streetline other than a
Provincial Highway
3.0 metres.
vi)
Minimum Yard Abutting
a Provincial Highway
14.0 metres.
vii)
Minimum Interior Side
Yard
3.0 metres, but 15 metres where
abutting
any
Open
Space
or
Conservation
Management
Zone
within By-law 05-200 or By-law 90-
45-Z.
viii)
Minimum Rear Yard not
abutting a streetline or
Provincial Highway
6.0 metres.
ix)
Maximum Height
15.0 metres.
x)
Minimum Planting Strip
1. 6.0 metres width across all lot
lines abutting a street except 3.0
metres where a building is
located adjacent to a street.
2. Applicable only to Block B on
Figure 9 of this By-law, a
transformer is permitted to be
located
within
the
required
Planting Strip.
xi)
Provision of
Visibility Triangle
Notwithstanding the regulations in
Clauses i) to ix), a minimum 15 metre
by 15 metre landscaped triangle shall
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-215
be provided and maintained for
corner lots with one streetline on
Dundas Street East, and a minimum
12 metre by 12 metre landscaped
triangle shall be provided and
maintained for corner lots in all other
cases, which shall be suitably
landscaped and designed to provide
an
attractive
appearance.
The
required 15 metre by 15 metre
landscaped
triangle
shall
also
include a gateway feature which shall
be
defined
through
site
plan
approval.
xii)
Maximum total gross
floor area for all uses in
Blocks A and B
combined, with
hotel/motel, community
centre and public uses
not being included in the
calculation of gross floor
area in the
determination of
maximum total gross
floor area
39,870 square metres.
xiii)
Maximum total gross
floor area for all uses in
Block C, with
hotel/motel, community
centre and public uses
not being included in the
calculation of gross floor
area in the
determination of
maximum total gross
floor area
7,000 square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-216
xiv)
Maximum total gross
floor area for all uses in
Block D, with
hotel/motel, community
centre and public uses
not being included in the
calculation of gross floor
area in the
determination of
maximum total gross
floor area
30,000 square metres.
xv)
Maximum total gross
floor area for all uses in
Block E, with
hotel/motel, community
centre and public uses
not being included in the
calculation of gross floor
area in the
determination of
maximum total gross
floor area
31,000 square metres.
xvi)
Maximum total gross
floor area for all uses in
Block F, with
hotel/motel, community
centre and public uses
not being included in the
calculation of gross floor
area in the
determination of
maximum total gross
floor area
31,000 square metres.
xvii)
Regulation on
Door Openings
Each use other than accessory uses
shall be contained in a building
having all of its customer access
doors opening directly outdoors and
shall not open onto another store or
an unenclosed corridor.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-217
xviii) Open Storage
requirements
1. Refuse containers are permitted
to be located in an exterior side
yard for Block B of Figure 9.
2. All outdoor storage, including a
garden centre and a home
improvement / building supplies
area, shall be permitted provided
that they are screened from view.
xix)
Limitation on
Mini-Storage Use
For Blocks C, D, and E only,
notwithstanding i) above, only one
Mini-Storage use shall be permitted
and only if setback of 150 metres
from both Highway No. 5 (Dundas
Street East) and from Highway No. 6.
For lands located within Blocks A and
B, only one Mini-Storage use shall be
permitted and only if setback a
minimum
of
150
metres
from
Highway No. 5 (Dundas Street East)
and setback a minimum of 100
metres from Highway No. 6.
xx)
Minimum Yard for
Motor Vehicle Gas Bar
Canopies from the lot
line.
3.5 metres.
c)
Notwithstanding Subsections 5.2c), 5.2 f), 5.2.1 b) and 5.6 c), the following
special parking and loading regulations shall apply:
i)
Minimum Parking
Requirements not
including Motel, Hotel,
Community Centre,
Exhibition Conference
Hall, and Public Use
1. 5.0 spaces per 100 square
metres of Gross Floor Area.
2. Notwithstanding Clause 1., a
minimum 1.0 space per 30
square metres of Gross Floor
Area for Block B of Figure 9.
3. Notwithstanding Clause 1, 347
parking spaces shall be provided
for Block B on Figure 9.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-218
ii)
Loading Requirements
For Block B of Figure 9, for a building
or structure with a total floor area of
over 7,000 square metres, 3 loading
spaces
shall
be
provided
and
maintained, and that loading spaces
are permitted to be located within an
exterior side yard.
iii)
Parking Space
Size Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
iv)
Barrier Free
Parking Space Size
Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
d)
In addition to Subsection 3: Definitions, for the purposes of Special Exception
No. 326, the following definition shall apply:
Warehouse
Membership Club
A building with a minimum Gross Floor Area of
7,000 square metres, occupied by a single user,
where the principal use is the sale of food and
non-food products which are generally stored,
displayed and offered for sale in one and the
same area in a warehouse format and where
customers, whether retail or wholesale, are
generally required to be members of the club,
but
excludes
department
stores
and
supermarkets.
Automotive
Convenience Centre
Shall mean a single building, containing more
than one individual outlet, with a minimum
Gross Floor Area of 465 square metres and a
maximum of 1,050 square metres and which
contains a gas bar and/or car wash on the same
lot and which building is designed, developed,
and maintained by the owner of the lot and the
use of which may include a combination of
individual outlets which may include a maximum
of 1 convenience retail outlet and a maximum of
2 restaurants (including standard, convenience
and fast food), regardless of whether such
outlets are separately leased and have
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-219
customer access from inside or outside the
Automotive Convenience Centre.
e)
The following additional provisions shall apply to lands labelled "F" on
Special Figure 9 of Schedule "F":
i) Retirement Home and Long Term Care Home uses shall
also be permitted in accordance with the following
additional exceptions:
1. Clauses 5.1 d), 10.6.1.1 .i) 1. and 10.6.3 g) vi) and vii)
shall not apply.
2. Notwithstanding Clause 10.6.3 d) and Schedule C -
Special Exceptions, Clause 326 b) ix), Maximum
Height shall be 29.3 metres, inclusive of mechanical
penthouses and elevator penthouses, notwithstanding
the definition of building height.
3. Notwithstanding Schedule C - Special Exceptions,
Clause 326 c) i) 1., parking shall be provided in
accordance with Subsection 5.6 c).
4. A minimum landscaped area of 10% of the total lot
area shall be required, inclusive of any landscaped
areas, islands, buffers and planting strips required by
any other section of the by-law.
ii) Clause 10.6.1 .1.i) 2. shall not apply.
iii) Notwithstanding Clause 10.6.3 e), Maximum Gross Floor
Area for an Office use is 4,000 square metres.
iv) Notwithstanding Schedule C - Special Exceptions, Clause
326 b) iv), Maximum Lot Coverage shall not apply.
v) For the purposes of this by-law, "Retirement Home" means
a retirement home as defined in the Retirement Homes Act,
2010.
vi) For the purposes of this by-law, "Long-Term Care Home"
means a long-term care home as defined in the Fixing Long-
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-220
Term Care Act, 2021.
f)
That the remaining Subsections in 10.6 shall also apply.
(By-law No. 17-240-OLT-05, March 14, 2022)
(By-law No. 23-250-OLT, August 04, 2023)
(By-law No. 25-155, August 06, 2025)
327. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps 1552
and 1597 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
135, 139 and 143 Upper Centennial
Parkway
1552 and 1597
151 Upper Centennial Parkway
1552
The following special provisions shall apply:
a)
In addition to Subsection 10.7.1 and notwithstanding Subsection 10.7.2, the
following uses shall also be permitted:
i)
Beverage Making Establishment
ii)
Catering Service
iii)
Child Care Centre
iv)
Commercial School
v)
Communications Establishment
vi)
Craftsperson Shop
vii)
Dwelling Units(s)
viii) Financial Establishment
ix)
Laboratory
x)
Medical Clinic
xi)
Multiple Dwelling
xii)
Office
xiii) Personal Service
xiv) Place of Assembly
xv) Retail
xvi) Social Services Establishment
xvii) Studio
xviii) Urban Farmers Market
b) The regulations pertaining to the uses identified in Clause a) shall be in
accordance with Subsection 10.7.3.
c) Notwithstanding Clause b), the uses identified in Clauses a) vii) and a) xi),
shall also be subject to the following regulation:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-221
Restriction of Uses
within a Building
The following uses shall only be permitted
above the ground floor except for access,
accessory office and utility areas, and
shall not, as a stand-alone use or in
combination, occupy more than 50% of
the total gross floor area:
Dwelling Unit(s)
Multiple Dwelling
Office
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-155, August 06, 2025)
328. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Map
1388 of Schedule "A" - Zoning Maps and described as part of 515, 523, 527 and
535 Garner Road East, the following special provision shall apply:
a)
Notwithstanding Subsection 10.2.3 h), the maximum gross floor area for
commercial uses shall be 1,800.0 square metres.
(By-law No. 17-240, November 8, 2017)
329. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Maps
1178 and 1179 of Schedule "A" - Zoning Maps and described as 1173 and 1203
Old Golf Links Road, the following special provisions shall apply:
a)
Notwithstanding Subsections 10.5.3 a), b), c), d) and g) and 5.1 a) v), the
following regulations shall apply:
i)
Maximum Lot Coverage
60%;
ii)
Minimum Front Yard
Setback
15.0 metres, except 5.0 metres to
a canopy, 1.5 metres to a below-
grade parking structure, and 1.5
metres to an above-grade parking
structure;
iii)
Minimum Side
Yard Setback
1.5 metres, except 1.5 metres to a
below-grade parking structure,
and 6.5 metres to an above-grade
parking structure;
iv)
Minimum Rear
Yard Setback
1.5 metres, except 0.3 metres to a
below-grade parking structure,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-222
and 0.9 metres to an above-grade
parking structure;
v)
Maximum Height
22.0 metres and 6 storeys.
vi)
Parking Regulation
A minimum of 301 parking spaces
shall be provided and maintained
for a Hotel containing a maximum
of 113 units and Offices with a
maximum gross floor area of
7,397 square metres;
vii)
Parking Location
No parking space shall be located
closer to a street line or a lot line
not abutting a street than 0.3
metres.
(By-law No. 17-240, November 8, 2017)
330. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Maps
1448 and 1497 of Schedule "A" - Zoning Maps and described as 741 Rymal Road
East, the following special provisions shall apply:
a)
Notwithstanding Subsections 10.2.1, 10.2.3 f), g) and h), only a mixed-use
building comprised of residential units above commercial uses on the ground
floor shall be permitted, subject to the following special provisions:
i)
Permitted Residential Uses:
A.
One dwelling unit for each 180.0 square metres of area of the lot
which the building is situated, provided that the building does not
exceed 2 storeys in height, and the gross floor area (GFA) of the
building used for dwelling units shall be at least equivalent to the
Commercial GFA and shall not exceed 455.0 square metres.
ii)
Permitted Commercial Uses:
A.
Commercial School
B.
Office
C.
Financial Establishment
D.
Child Care Centre
E.
Private Club, Lodge, Fraternity or Sorority House or Labour
Union Hall
F.
Restaurant which shall not include an outdoor commercial
patio, and/or any dancing or other entertainment except music
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-223
G.
Retail
H.
Photographer's or Artist's Studio, but not including a motion
picture studio
b)
Notwithstanding the height requirement in Subsection 4.19, Subsections
10.2.1 a) and l), and in addition to Subsections 10.2.3 k), the following
regulations shall also apply:
i)
Storage
Storage or goods to be manufactured,
assembled, or sold upon the premises
shall be permitted only within the cellar
of the building.
ii)
Minimum Front Yard
6.0 metres
iii)
Access
No vehicular ingress or egress shall be
permitted from the subject lands onto
Eva Street and/or Eaglewood Drive.
iv)
Garbage Areas
Any garbage areas shall be contained
entirely within the principal building.
v)
Visual Barrier
Minimum Height
2.1 metres
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-155, August 06, 2025)
331. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified on Maps
1242 and 1295 of Schedule "A" - Zoning Maps and described as 788 Upper Ottawa
Street, the following special provisions shall apply:
a)
Notwithstanding Subsections 5.2b), 5.2f), 10.2.3 a), b) ii), c) ii) and d), the
following regulations shall apply:
i)
Minimum Front Yard
0.0 metres;
ii)
Minimum Setback
from Residential
Zone
9.0 metres;
iii)
Maximum Building
Height
3-storeys and / or 13.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-224
iv)
Minimum Loading
Requirements
No loading space shall be required.
v)
Restriction of Uses
within a Building
1. Commercial uses shall only be
permitted on the ground floor of a
mixed-use building; and,
2. Residential units, to a minimum of
4 dwelling units and a maximum of
8 dwelling units, shall be required
above any use permitted on the
ground floor.
vi)
Access Driveway
An access driveway shall be located
not less than 1.5 metres from the
common boundary with a Residential
Zone.
vii)
Parking Space Size
Dimension
A
minimum
parking
space
size
dimension of 2.6 metres by 5.5 metres
shall be provided.
viii)
Barrier Free Parking
Space Size
Dimension
A minimum barrier free parking space
size dimension of 4.4 metres by 5.5
metres shall be provided.
(By-law No. 17-240, November 8, 2017)
332. Within lands zoned Mixed Use Medium Density (C5) Zone, identified on Map 909
of Schedule "A" - Zoning Map and described as part of Part of 100 and 120 Ray
Street North, and 337 and 339 York Boulevard, following special provisions shall
also apply:
a)
Notwithstanding the definition of Front Lot Line in Section 3: Definitions, the
following definition shall apply:
Front Lot Line:
Shall mean any lot line of the lot abutting York
Boulevard.
b)
Notwithstanding Subsection 10.5.3 d) ii) the maximum height shall be 53.0
metres.
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-225
333. Within those lands zoned Neighbourhood Commercial (C2) Zone, identified on
Map 1389 of Schedule "A" - Zoning Maps and described as 587 Garner Road
East, the following special provisions shall apply:
a)
In addition to Subsection 10.2.1, a retail showroom for a spa and pool
business with accessory offices and storage areas shall also be permitted.
b)
In addition to Subsection 10.2.3, the maximum floor area for the use identified
in Clause a) shall be 610.0 square metres.
c)
Notwithstanding Subsection 4.8, accessory buildings existing as of February
8, 2012 shall be permitted.
(By-law No. 17-240, November 8, 2017)
334. Within the lands zoned Community Commercial (C3) Zone, identified on Map 1259
of Schedule "A" - Zoning Maps and described as 1365 and 1367 Baseline Road,
the following special provisions shall apply:
a)
In addition to Subsection 10.3.1, Commercial Recreation shall also be
permitted.
b)
In addition to Subsection 10.3.2, a Drive-Through Facility shall also be
prohibited.
c)
Notwithstanding Subsections 5.2b), 5.2f), 5.6c), 10.3.3 a), d), and j), the
following regulations shall apply:
i)
Minimum Front Yard
4.0 metres;
ii)
Minimum Flankage Side
Yard
1.3 metres;
iii)
Maximum Building Height
11.5 metres;
iv)
Minimum Landscape Open
Space
A. The landscaped area shall
not be less than 30 percent
of the lot area;
B. A landscaped strip having a
minimum
width
of
1.3
metres and an average
width of 3.0 metres shall be
provided and maintained
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-226
along North Service Road,
and
a
landscape
strip
having a minimum width of
4.0 metres shall be provided
and
maintained
along
Baseline Road, except for
points
of
ingress
and
egress;
C. A landscape strip having a
minimum
width
of
2.0
metres with a minimum 1.8
metre high board-on-board
fence shall be provided and
maintained
adjacent
to
every portion of any lot line
that abuts any zone other
than
a
Commercial
or
Industrial Zone.
v)
Minimum Barrier Free
Parking Requirements
A minimum of 2 of the required
spaces shall be barrier free
spaces.
vi)
Minimum Loading
Requirements
A minimum of one loading
space shall be provided and
maintained.
vii)
Restriction of Uses within
a Building
No
commercial
uses
are
permitted, except on the ground
floor where contained jointly
with apartment dwelling unit(s)
in the same building, provided
that the gross floor area of the
building used for commercial
purposes does not exceed the
floor area being used for
residential purposes, including
residential common areas.
viii)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-227
ix)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4
metres by 5.5 metres shall be
provided.
(By-law No. 17-240, November 8, 2017)
335. Within the lands zoned Community Commercial (C3) Zone, identified on Map 1594
of Schedule "A" - Zoning Maps and described as 1962, 1970 and 1976 Rymal
Road East, the following special provisions shall apply:
a)
In addition to Subsection 10.3.1 and notwithstanding Subsections 10.3.2, the
following uses shall also be permitted:
i)
Drive-Through Facility
ii)
Nursery school
iii)
Service Shop
b)
Notwithstanding the definition of Front Lot Line in Section 3: Definitions, and
Subsections 10.3.3 a), b), c), d), g) and i) and 5.6 c), the following regulations
shall also apply:
i)
Maximum Lot Coverage
30%
ii)
Total Maximum Gross
Leasable Floor Area
2,500 square metres
iii)
Maximum Gross
Leasable Floor Area
for each individual
establishment
Not more than one half of the
total gross leasable floor area
provided on the site.
iv)
Maximum Gross Floor
Area for a Medical Clinic
555.0 square metres
v)
Minimum Front Yard
7.5 metres
vi)
Minimum Interior Side
Yard
3.0 metres
vii)
Minimum Exterior Side
Yard
4.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-228
viii)
Minimum Rear Yard
10.0 metres
ix)
The lot line that abuts Rymal Road East shall be deemed to be
the front lot line.
x)
Maximum Height
14.0 metres
xi)
Minimum Number of
Parking Spaces
One (1) space for each 18.0
square metres of gross floor
area or fraction thereof.
(By-law No. 17-240, November 8, 2017)
336. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1199,
1200 and 1450 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
621, 625 Barton Street and 311,
315, 327, 331 Fruitland Road
1199, 1200
1120 Stone Church Road East
1450
The following special provision shall apply:
a)
In addition to Subsection 10.6.1, a Warehouse shall also be permitted.
(By-law No. 17-240, November 8, 2017)
337. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1911
and 1912 of Schedule "A" - Zoning Maps and described as 10 Fall Fair Way, Part
of 39 Garinger Crescent and 2490 Regional Road 56 the following special
provisions shall apply:
a)
In addition to Subsection 10.6.1 and notwithstanding Section 10.6.2, a
Garden Centre shall also be permitted.
(By-law No. 17-240, November 8, 2017)
338. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Maps
1595, 1596, 1639 and 1640 of Schedule "A" - Zoning Maps and described as 2100,
2120, 2130, 2140, 2150, 2160, 2170, 2172, 2176, 2180, and 2190 Rymal Road
East, the following special provisions shall apply:
a)
In addition to Subsection 10.5.1 and notwithstanding Subsection 10.5.2, the
following uses shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-229
i)
Block townhouse dwelling
ii)
Duplex dwelling
iii)
Long Term Care Facility
iv)
Semi-detached dwelling
v)
Triplex dwelling
vi)
Garden Centre
vii)
Motor Vehicle Rental Establishment
b)
In addition to Subsection 4.25 b) and Notwithstanding the definition of Front
Lot Line in Section 3: Definitions and Subsections 5.1 a)v), 5.2 b), 5.2 f),
5.2h), 5.6 c), 10.5.3 a), b), c), d), g) ii) and iii) and v), i) and k), the following
regulations shall apply to all Commercial uses:
i) Minimum Front Yard
7.5 metres
ii) For the purposes of Special Exception No. 338, the lot line that
abuts Rymal Road shall be deemed to be the front lot line.
iii) Minimum Side Yard
3 metres except:
1. 7.5 metres abutting a side lot line
which is the boundary of any
Residential or Institutional Zone or
where ground floor residential use
or an institutional use is located on
the adjoining land; and
2. 7.5 metres on a corner lot for the
side yard abutting the flankage
street.
iv) Minimum Rear Yard
7.5 metres, except where a rear yard
abuts
a
street,
Residential
or
Institutional Zone, a ground floor
residential use or institutional use, the
minimum yard shall be 9 metres.
v) Maximum Height
10.7 metres
vi) Minimum
Landscaping
Requirements
A. A landscaped area in the form of a
planting strip having a minimum
width of 4.5 metres and a fence
having a minimum height of 1.8
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-230
metres shall be provided and
thereafter maintained adjacent to
every portion of any lot line that
abuts a Residential or Institutional
Zone or any Zone where the
adjoining land use is used for
residential
or
institutional
purposes.
B. A landscaped area having a
minimum width of 4.5 metres shall
be
provided
and
thereafter
maintained
adjacent
to
every
portion of any lot line that abuts a
street, and such landscaped are
shall be continuous except for the
required driveway(s).
C. Notwithstanding
Clause
B.,
a
landscaped area in the form of a
planting strip having a minimum
width of 3.0 metres shall be
provided and thereafter maintained
adjacent to every portion of a lot
line that abuts Terry Berry Way and
Bellagio Avenue.
(By-law No. 17-240-OLT-05, March 14, 2022)
vii) Outside Storage
and Display
A. Outside storage shall not be
permitted
in
any
front
yard,
however, the outside display of
vehicles or plants accessory to the
principal use on the subject lot may
be permitted in the front yard.
B. Outside storage and display areas
shall not be permitted less than 4.5
metres from any street and/or the
boundary of any Residential or
Institutional Zone or any Zone
where the adjoining land is used for
residential
or
institutional
purposes.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-231
C. Outside storage areas shall be
screened from view and enclosed
with a fence having a minimum
height of 1.8 metres.
viii) Maximum Gross
Leasable Floor Area
47,940 square metres
ix) Gross Leasable Floor
Area (GLFA) for
individual retail stores
A. Retail Stores (Minimum) - 1,860
square metres;
B. Retail Stores (Maximum) - 17,650
square metres; and,
C. Notwithstanding
Clause
1.,
a
maximum a maximum GLFA of
11,200 square metres for retail
stores between 460 and 1,860
square metres shall be permitted,
in addition to not more than 20% of
the 11,200 square metre maximum
GFLA for retail stores having a
minimum of 110 square metres.
x) Minimum Parking
Requirements
A. A minimum of 4.6 parking spaces
for each 100 square metres of
gross floor area of fraction thereof
shall be provided and maintained.
B. No parking space shall be less
than 2.6 metres in width by 5.5
metres in length.
(By-law No. 17-240-OLT-05, March 14, 2022)
xi)
Minimum Aisle
Width
The aisle giving access to a parallel
parking space shall have a minimum
width of 3.6 metres for one-way traffic,
and a minimum width of 6.0 metres for
two-way traffic; and,
xii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking space
size dimension of 4.4 in width metres
by 5.5 metres in length shall be
provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-232
(By-law No. 17-240-OLT-05, March 14, 2022)
xiii) A minimum driveway width of 4.0 metres shall be provided and
maintained for a drive-through and no drive-through lane,
stacking lane or pick-up window, shall be located between the
building and a street.
xiv) Notwithstanding the definition of a Lot, those lands zoned Mixed
Use Medium Density (C5, 338) Zone, Modified shall be
considered as one lot, notwithstanding any consolidation or
division of the same.
xv) For buildings constructed after July 9, 2009, a maximum 3.0
metre front yard setback, which area shall be provided and
maintained as a landscape area, shall apply to not less than
37.5% or more of the measurement of the front lot line.
c)
Notwithstanding Subsections 4.6 a), d), e), 5.6 c), 10.5.3 a), b), d) and h), the
following regulations shall apply to the uses identified in Clause a) i), ii), iv)
and v):
i) Maximum Density
50 dwelling units per hectare
ii) Minimum
Landscaped Area
40 percent of the lot area, which may
include the required privacy area
iii) Minimum Lot
Frontage
45.0 metres and 4.5 metres for an
individual townhouse unit.
iv) Minimum Lot
Area
0.3 hectares and 80 square metres for
an individual townhouse.
v) Minimum Front
Yard
4.5 metres
vi) Minimum Interior
Side and Rear Yards
1.2 metres for end units
vii) Minimum Rear Yard
7.0 metres
viii) Minimum Separation
Distance Between
Buildings
1. 2.4 metres between end walls,
except 10.0 metres between end
walls separated by a private road;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-233
2. 15.0 metres between front walls;
3. 12.0 metres between rear walls;
4. 12.5 metres between front and
side walls;
5. 7.2 metres between rear and end
walls, except 14.0 metres between
rear and end walls separated by a
private road; and,
6. 3.0 metres between indoor and
outdoor private recreational areas,
facilities
and
structures
and
dwelling units.
ix) Permitted
Encroachments
1. Unenclosed porched, both covered
and uncovered, may project a
maximum 2.5 metres into the
required front yard and/or 6.0
metres into the required side yard.
2. Stairs used to provide access to
porches,
both
covered
and
uncovered,
may
project
a
maximum of 0.6 metres beyond
the limits of the porch into the
required front yard and/or side
yard.
3. Window projections with or without
foundations,
and
architectural
elements without a foundation
such as, but not limited to,
fireplaces,
chimneys,
pilasters,
and
corbels,
may
project
a
maximum of 0.61 metres beyond
the front, end or rear walls.
4. Balconies, canopies, awnings and
fruit
cellars
may
project
a
maximum of 2.0 metres into the
required front or rear yard and/or
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-234
0.6 metres into the required side
yard.
5. Decks may project 3.5 metres
beyond the rear wall.
x) Maximum
Driveway Width
The maximum driveway width shall be
the distance between the exterior
walls of the garage.
xi) Garage Projections
1. The front face of a garage may
project a maximum of 3.5 metres
beyond the front face of the main
building provided:
a) The main second floor wall
above the garage is setback
a maximum of 2.5 metres
from the front face of the
garage; and
b) The second floor wall face
above the garage has a
minimum width of sixty
percent (60%) of the garage
width.
xii) Minimum
Garage Setback
5.8 metres from the limits of a private
road
xiii) Maximum Height
12.6 metres
xiv) Visual Barrier
A visual barrier shall be required along
any lot line abutting a Residential
Zone.
xv) Minimum Privacy
Area
A minimum of 30.0 square metres per
townhouse dwelling unit shall be
provided adjacent to the unit.
xvi) Minimum Amenity
Area
A minimum of 5 square metres per
dwelling unit shall be provided and
thereafter maintained, and may be
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-235
provided in a common element
condominium.
xvii) Dwelling Unit
Placement
1. Not more than eight (8) dwelling
units shall be attached in a
continuous row; and,
2. Not more than four (4) attached
dwelling units shall be erected in a
row without offsetting or staggering
the front face or wall of the dwelling
a minimum of 1.0 metres or without
varying the exterior design and
materials of the front face or wall of
the dwelling.
xviii) Minimum
Parking Requirements
1. Each parking space shall have a
minimum width of 2.75 metres and
a minimum length of 5.8 metres;
2. Each dwelling unit shall have one
(1) of the two (2) required parking
spaces located within an attached
private garage and the second
parking space shall be provided
contiguous to the unit; however,
both parking spaces may be
located underground or in a
parking structure;
3. A minimum of two (2) parking
spaces per dwelling unit shall be
provided plus 0.25 visitor parking
spaces for each dwelling unit; and
4. No parking space or area, save
and except a space or area
contiguous to a dwelling unit, shall
be located closer to a street line
than 6.0 metres, and not be closer
than 3.0 metres to any Residential
Zone or where the adjoining land
use
is
used
for
residential
purposes, unless such parking is
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-236
located
within
a
below-grade
communal parking structure.
xix) For the purposes of the lot frontage, lot area, front yard, and side
yard requirements only, a condominium road shall be deemed to
be a public street.
xx) Visitor parking may be provided in a common element
condominium.
d)
Notwithstanding Subsections 5.6c), 10.5.3 a), b), c), d), g)ii) and iii), and h),
the following regulations shall apply to Multiple Dwellings, Retirement Homes
and the use identified in Clause a) iii):
i) Maximum Lot Area
5.25 hectares
ii) Maximum Density
for Multiple Dwellings
50 dwelling units per hectare
iii) Minimum Parking
Requirements
A. Each parking space shall have a
minimum width of 2.75 metres and
a minimum length of 5.8 metres;
B. A minimum of 1.5 spaces per
dwelling shall be provided for a
Multiple Dwelling and 0.4 spaces
per unit for a Long Term Care
Facility and Retirement Home;
and,
C. No parking space or area, shall be
located closer to a street line than
6.0 metres and not be closer than
3.0 metres to any Residential Zone
or where the adjoining land use is
used for residential purposes,
unless such parking is located
within a below-grade communal
parking structure.
iv) Minimum Lot
Frontage
30 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-237
v) Minimum Lot
Area
0.4 hectares
vi) Maximum Lot
Coverage
25 percent
vii) Minimum Front Yard
9 metres
viii) Minimum Side and Rear
Yards
9 metres
ix) Minimum Floor Area
per Dwelling Unit
A. Bachelor Unit - 45 square metres
B. One Bedroom Unit - 60 square
metres
C. Two Bedroom Unit - 75 square
metres
D. Three or More Bedrooms - 85
square metres
x) Maximum Height
10.7 metres
xi) Minimum Amenity
Area
A minimum of 5 square metres per
dwelling unit shall be provided and
thereafter maintained.
xii) Minimum Landscaped
Area
40 percent of the lot area excluding the
amenity area.
(By-law No. 17-240, November 8, 2017)
(By-law No. 17-240-OLT-05, March 14, 2022)
339. Within the those lands zoned Arterial Commercial (C7) Zone, identified on Map
1048 of Schedule "A" - Zoning Maps and described as 45 Goderich Road, the
following special provisions shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be permitted:
i)
Medical Clinic
ii)
Office
iii)
Retail
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-238
(By-law No. 22-084, April 13, 2022)
340. Within the lands zoned Community Commercial (C3) Zone, identified on Map 958
of Schedule "A" - Zoning Maps and described as 360 Beach Road, the following
special provisions shall apply:
a)
In addition to Subsection 10.3.1, all permitted uses shall be contained within
the building existing as of April 11, 2012.
b)
In addition to Subsection 10.3.1, the following uses shall also be permitted:
i)
Kennel, with no outside cages or runs
ii)
Funeral Home
c)
In addition to Subsection 10.3.2, the following uses shall also be prohibited:
i)
Motor Vehicle Gas Bar
ii)
Motor Vehicle Service Station
iii)
Motor Vehicle Washing Establishment
iv)
Commercial Parking Facility
d)
Notwithstanding Subsections 5.2b), 5.2f), and 5.6c), the following regulations
shall also apply:
i)
Parking Space
Size Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
ii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
Iii)
Parking Space
Requirement
1 space per 33 square metres of
Gross Leasable Floor Area for any
permitted commercial use.
(By-law No. 17-240, November 8, 2017)
341. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps 1433
and 1434 of Schedule "A" - Zoning Maps and described as 120 and 128 Portia
Drive, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-239
a)
Notwithstanding Subsection 10.7.1, the following uses shall be permitted up
to a maximum aggregate gross floor area of 11,788 square metres:
i)
Veterinary Service
ii)
Building and Lumber Supply Establishment
ii)
Convenience Retail in conjunction with a Motor Vehicle Gas Bar
iv)
Catering Service
v)
Conference or Convention Centre
vi)
Craftsperson Shop
vii)
Home Furnishing Retail Establishment
viii) Home Improvement Supply Establishment
ix)
Hotel
x)
Motor Vehicle Gas Bar
xi)
Motor Vehicle Dealership
xii)
Commercial Parking Facility
xiii) Commercial Recreation
iv)
Major Recreational Equipment Sales, Rental and Service Establishment
v)
Rental Establishment
vi)
Restaurant
b)
Notwithstanding Subsection 10.7.1, the following uses shall be permitted up
to a maximum aggregate gross floor area of 10,525 square metres, provided
the permitted uses contained in Clause a) and this section shall not exceed
an aggregate gross floor area of 11,788 square metres:
i)
Financial Institution
ii)
Office
iii)
Brewers Retail Store
iv)
Personal Service
v)
Travel Agency
vi)
Farmer's Market
vii)
Gymnasium
viii) Insurance Office
ix)
Library, Museum, and Art Gallery
x)
Liquor Control Board of Ontario Stores
xi)
Drug Store
xii)
Retail Store
xiii) Convenience Retail Store
c)
In addition to Subsection 10.7.2, the following uses shall also be prohibited:
i)
Movie Theatre(s)
ii)
Department Store
iii)
Warehouse Membership Club
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-240
iv)
Residential Uses
d)
Notwithstanding Subsections 5.1a) v), 5.6 c), 10.7.3 a), b) and c), the
following regulations shall also apply:
i)
Minimum Front
Yard
1.5 metres, except 3.0 metres when
providing for a planting strip under
subsection v).
ii)
Minimum Side
Yard
1.5 metres, except where an interior side
yard abuts a private vehicular turnaround, a
0.0 metre side yard shall be permitted.
iii)
Minimum Rear
Yard
10 metres.
iv)
Minimum Parking
Requirement for
all uses
3.5 spaces for each 93 square metres of
gross floor area.
v)
Planting Strip
Requirements
3.0 metres strip shall be provided adjacent
to each lot line which abuts a public street
or lot containing a dwelling comprising one
or two dwelling units, and shall permit the
location of principal buildings, walkways
and sidewalks, retaining walls, curbs, signs,
and light standards within the required
landscaping strip.
vi)
Notwithstanding Section 10.7.3a), the Minimum Building Setback
from a Street Line for a Warehouse shall be 250.0 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-039, February 27, 2019, NOT FINAL AND BINDING)
342. Notwithstanding Section 11.3.2 e) ii), on those lands zoned Multiple Residential
(TOC3) Zone, identified on Map 908 of Schedule "A" - Zoning Maps and describes
as part of 690 Main Street West, a maximum building height of 35.0 metres shall
be permitted."
(By-law 16-265, October 12, 2016)
343. Within the lands zoned Community Commercial (C3) Zone, identified on Maps
1339 and 1340 of Schedule "A" - Zoning Maps and described as 1160 Upper
Paradise Road, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-241
a)
Notwithstanding Subsection 10.3.3 j), a planting strip of not less than 6.0
metres in width shall be provided and maintained along every side lot line and
rear lot line adjoining a Residential Zone or use.
(By-law No. 17-240, November 8, 2017)
344. Within the land zoned District Commercial (C6) Zone, identified on Map 1748 of
Schedule "A" - Zoning Maps and described as 3250 Homestead Drive, the
following special provisions shall apply:
a)
In addition to Subsection 10.6.2, the following use shall also be prohibited:
i)
Financial Establishment
b)
In addition to Subsection 10.6.1, the following use shall also be permitted:
i)
A maximum of 12 residential units shall be permitted within the
principal building, provided they are located above the permitted
ground floor commercial.
c)
In addition to Subsection 5.2.1 and notwithstanding Subsections 5.1a) v),
5.2b), 5.2f), 10.6.3 a), c), g), h), i) and j), the following regulations shall also
apply:
i)
Maximum Lot Coverage
37%
ii)
Minimum Front Yard
6.7 metres
iii)
Minimum Side Yard
0.0 metres on a corner lot for the
side yard abutting the flankage
street.
iv)
Parking
No parking space or part thereof
shall be located and no land shall
be used for the temporary parking
or storage of any motor vehicle at a
distance of less than 2.6 metres
from any rear lot line, or 1.0 metres
from any street line, or 2.0 metres
from
the
boundary
of
any
Residential or Institutional Zone or
any Zone where the adjoining lands
are
used
for
residential
or
institutional purposes.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-242
v)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
vi)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
vii)
Minimum Loading
Requirements
A minimum of one loading space
shall be provided and maintained
for the entire development with a
minimum dimension of 2.6 metres
wide x 5.5 metres long.
viii)
Minimum Landscaping
Requirements
1. A landscaped area, in the form
of a planting strip having a
minimum width of 1.8 metres
and a fence having a minimum
height of 1.8 metres, shall be
provided
and
maintained
adjacent to any lot line that
abuts
any
Residential
or
Institutional Zone or any Zone
where the adjoining land is used
for residential or institutional
purposes;
2. Notwithstanding Clause 1., the
required minimum 1.8 metre
planting strip shall be comprised
of Eastern White Cedars (Thuja
Occidentalis) with a minimum
size of 200 or 250 cm W.B., and
a board on board fence with a
minimum height of 1.8 metres,
along the rear lot line abutting 3
Longview Drive;
3. A landscaped area having a
minimum width of 3.0 metres
shall
be
provided
and
maintained along every portion
of any lot line that abuts
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-243
Homestead
Drive,
and
0.0
metres shall be provided along
any portion abutting the building
along Longview Drive, and a
minimum of 1.0 metres for all
other
portions
abutting
Longview Drive.
ix)
Any garbage enclosure shall only be provided and maintained
within the interior of the building.
x)
A minimum of 50% of the ground floor façade along Longview
Drive shall be composed of windows and doors.
xi)
Residential and visitor's parking areas shall be physically and
functionally separated from the commercial parking area.
xii)
No balconies shall be permitted on the west façade of the
proposed development.
(By-law No. 17-240, November 8, 2017)
345. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Map
903 of Schedule "A" - Zoning Maps and described as 15 and 17 Ogilvie Street, the
following special provision shall apply:
a)
In addition to Subsection 10.5.1, a Semi-Detached Dwelling shall also be
permitted.
(By-law No. 17-240, November 8, 2017)
346. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1399
and 1450 of Schedule "A" - Zoning Maps and described as 1381 and 1395 Upper
Ottawa Street, the following special provisions shall apply:
a)
Notwithstanding Subsection 10.6.3 c), a minimum westerly side yard of 3.1
metres shall be provided and maintained;
b)
Notwithstanding Subsection 10.6.3 b), a minimum rear yard of 3.1 metres
shall be provided and maintained; and,
c)
Notwithstanding Subsection 5.2b), every parking space, other than a parallel
parking space, shall have dimensions not less than 2.7 metres wide and 5.5
metres long.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-244
(By-law No. 17-240, November 8, 2017)
347. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus (C5a)
Zone, identified on Map 1956 of Schedule "A" - Zoning Maps and described as
3200 Regional Road 56, the following special provisions shall apply:
a)
Notwithstanding Subsections 10.5a.1, only the following uses shall be
permitted:
i)
Child Care Centre
ii)
Commercial School
iii)
Financial Establishment
iv)
Office
v)
Personal Service
vi)
Restaurant
vii)
Retail
viii) Residential units on the ground floor have 50% of the floor area
combined with permitted commercial uses having 50% of the floor area
b)
In addition to Clause a), residential units shall be required above any
commercial use permitted on the ground floor.
c)
In addition to Clause a), the Commercial School shall only be permitted in the
cellar of the existing building.
d)
In addition to Subsection 5.2.1 and notwithstanding Subsections 4.19, 5.1
a)v), 5.2b), 5.2f), 5.6 c), 10.5a.3) c), i) and k), the following regulations shall
apply:
i)
Minimum Front Yard
3.0 metres;
ii)
Minimum Side Yard
3.0 metres, except 7.5 metres
abutting a side lot line which is the
boundary of any Residential Zone,
or where a ground floor residential
use is located on the adjoining
lands.
iii)
Minimum Parking
Requirements
A. Parking
spaces
shall
be
provided at a rate of 1.25
spaces per residential dwelling
unit, and 1 space per every 60
square metres of gross floor
area for commercial uses;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-245
B. Visitor parking shall be shared
with the commercial parking
space.
iv)
Minimum Loading
Requirements
One (1) loading space shall be
required and shared for the
residential and commercial uses.
v)
Minimum Landscaping
Requirements
A. A landscaped area in the form
of a planting strip having a
minimum width of 6.0 metres
and a fence having a minimum
height of 1.8 metres shall be
provided
and
thereafter
maintained adjacent to every
part of any lot line that abuts a
Residential use;
B. A landscaped area having a
minimum width of 3.0 metres
shall
be
provided
and
thereafter maintained adjacent
to every portion of any lot line
that abuts a street, and such
landscaped
area
shall
be
continuous except for required
driveway(s).
vi)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
vii)
Barrier Free Space Size
Dimension
A minimum barrier free space size
of 4.4 metres by 5.5 metres shall
be provided.
viii)
Outside Storage and
Display
A. Outside storage and display
areas shall not be permitted
less than 6.0 metres from any
street and/or the boundary of
any Residential Zone or any
Zone where the adjoining land
is used for residential;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-246
B. Outside storage areas shall be
screened
from
view
and
enclosed with a fence having a
minimum height of 1.8 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
348. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified on Map
994 of Schedule "A" - Zoning Maps and described as 151 John Street South, the
following special provisions shall apply:
a)
In addition to Subsection 10.5.1, a Multiple Dwelling within the existing
building containing no more than 16 dwelling units shall also be permitted;
and,
b)
Notwithstanding Subsection 5.6, zero (0) parking spaces shall be required.
(By-law No. 17-240, November 8, 2017)
349. Within the lands zoned District Commercial (C6) Zone, identified on Maps 1501
and 1502 of Schedule "A" - Zoning Maps and described as 512 Highland Road
West, the following special provisions shall apply:
a)
In addition to Subsection 10.6.1, the following use shall also be permitted:
i)
Retail, including one Supermarket
b)
Notwithstanding the definition of Retail in Section 3: Definitions and
Subsections 4.6, 4.25 c) ii), 5.1 a) v), 5.2 b), 5.2 f), 5.6 c) and, 10.6.3 a), b),
c), e), f), g) ii), g) iii), g) vi), g) vii) 1),, the following regulations shall apply:
i)
Total Minimum Gross
Leasable Floor Area
2,000.0 square metres
ii)
Total Maximum Gross
Leasable Floor Area
19,500.0 square metres
iii)
Maximum Gross
Leasable Floor Area for
one Supermarket
5,100.0 square metres
iv)
Maximum Gross
Leasable Floor Area for
6,000.0 square metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-247
one Retail Department
Store shall not be
permitted prior to the
year 2018
v)
Minimum Yard Abutting
the Westerly Lot Line
along the Trinity Church
Road Extension
11.0 metres
vi)
Minimum Yard Abutting
the Northerly Lot Line
along Stone Church
Road East
6.0 metres
vii)
Minimum Yard Abutting
the Easterly Lot Line
along Upper Mount
Albion Road
6.0 metres
viii) Minimum Yard Abutting
the Southerly Lot Line
along Highland Road
West
6.0 metres
ix)
Minimum Landscaped
Area
A. A landscaped strip, having a
minimum width of 3.0 metres, shall
be
provided
and
maintained
adjacent to any public street,
except for points of ingress and
egress.
B. A landscaped strip, having a
minimum width of 6.0 metres, shall
be provided and maintained along
the westerly lot line (future Trinity
Church Road Extension).
C. An outdoor patio may be permitted
to encroach into the required front
yard and landscape strip.
x)
Minimum Commercial
Parking Requirements
4 spaces per 93 square metres of
gross floor area
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-248
xi)
Minimum Parking Space
Size
No parking space shall be less than
2.6 metres in width by 5.5 metres in
length.
xii)
Barrier Free Space Size
Dimension
A minimum barrier free space size of
4.4 metres by 5.5 metres shall be
provided.
xiii) Built form for New
Development
The minimum combined width of the
ground floor façade of all buildings
located within 20 metres of the Upper
Mount Albion Road lot line shall be
equal to 40% or more of the
measurement of the front lot line, and
shall be subject to the following:
A. A maximum building setback of 6.0
metres shall apply;
B. All principal entrances shall be
accessible
from
the
building
façade with direct access from the
public sidewalk; and,
C. No
parking,
driveways,
drive
through lanes, stacking lanes, or
aisles shall be located between the
building façade and the public
street.
(By-law No. 17-240, November 8, 2017)
(By-law No. 21-189, October 13, 2021)
350. In addition to the uses permitted in Section 9.6.1, on those lands zoned Light
Industrial (M6) Zone, identified on Maps 870, 871, 913, 914, 915, 916, 956, 957,
958, 959, 1000, 1001 and 1002 of Schedule "A" - Zoning Maps and described as
addresses:
480 Kenilworth Avenue North
(Maps 958, 959, 1000, 1001)
560 Ottawa Street North
(Maps 915, 916, 957, 958)
464 Rennie Street
(Map 1002)
245 Lottridge Street
(Maps 913, 914, 956)
495 Wentworth Street North
(Maps 870, 871)
217-223 Lottridge Street, 103 Clinton Street
(Map 956)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-249
the existing Waste Management Facility shall also be permitted.
(By-law 10-128, May 26, 2010)
351. Notwithstanding Section 9.5.3 g), on those lands zoned General Industrial (M5)
Zone, identified on Maps 871, 914, 959, 960, 1001 and 1002 of Schedule "A" -
Zoning Maps and described as addresses:
77 Brant Street
(Map 871)
15 Biggar Avenue
(Map 914)
1640 Brampton Street
(Maps 959, 960, 1001, 1002)
the existing Waste Management Facility shall also be permitted.
(By-law 10-128, May 26, 2010)
352. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1147 and 1198 of Schedule "A" -
Zoning Maps and described as 331-337 Leaside Avenue, the existing Waste
Management Facility shall also be permitted.
(By-law 10-128, June 28, 2011)
353. Notwithstanding Section 9.2.3 f), on those lands zoned General Business Park
(M2) Zone, identified on Map 1201 of Schedule "A" - Zoning Maps and described
as 350 Jones Road, the existing Waste Management Facility shall also be
permitted.
(By-law 10-128, May 26, 2010)
354. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1634, 1676 and 1677 of Schedule
"A" - Zoning Maps and described as addresses:
899 Nebo Road
(Maps 1634, 1676, 1677)
900 Nebo Road
(Maps 1676)
a Waste Processing Facility and a Waste Transfer Facility shall also be permitted.
(by-law 10-128, June 28, 2011)
355. In addition Section 9.6.1 and Section 9.6.3, on those lands zoned Light Industrial
(M6) Zone, identified on Maps 871 and 913 of Schedule "A" - Zoning Maps and
described as 70 Brant Street and 6 Hillyard Street, a Waste Processing Facility
shall also be permitted, subject to the following special provisions:
a.
the Waste Processing Facility shall be limited to the processing of latex
paint; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-250
b.
the Waste Processing Facility shall only be permitted within the existing
building.
(By-law 10-128, May 26, 2010)
356. Notwithstanding Section 9.2.3 f), on those lands zoned General Business Park
(M2) Zone, identified on Map 1147 of Schedule "A" - Zoning Maps and described
as 384-390 Millen Road, a Waste Processing Facility shall also be permitted.
(By-law 10-128, May 26, 2010)
357. In addition to the uses permitted in Section 9.6.1, on those lands zoned Light
Industrial (M6) Zone, identified on Maps 914 and 956 of Schedule "A" - Zoning
Maps and described as 239 Lottridge Street, the existing Hazardous Waste
Management Facility shall also be permitted, subject to the following:
i)
Notwithstanding the above, no expansion to the existing Hazardous Waste
Management Facility shall be permitted.
(By-law 10-128, May 26, 2010)
(By-law No. 25-155, August 06, 2025)
358. In addition to the uses permitted in Section 9.5.1, on those lands zoned General
Industrial (M5) Zone, identified on Maps 871, 913 and 914 of Schedule "A" -
Zoning Maps and described as addresses:
227 Brant Street
(Maps 871, 913, 914)
52 Imperial Street
(Map 914)
The existing Hazardous Waste Management Facility shall also be permitted,
subject to the following:
i)
Notwithstanding the above, no expansion to the existing Hazardous Waste
Management Facility shall be permitted.
(By-law 10-128, May 26, 2010)
(By-law No. 25-155, August 06, 2025)
359. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1498 and 1499 of Schedule "A" -
Zoning Maps and described as 1650 Upper Ottawa Street, the existing Hazardous
Waste Management Facility shall also be permitted, subject to the following:
i)
Notwithstanding the above, no expansion to the existing Hazardous Waste
Management Facility shall be permitted.
(By-law 10-128, June 28, 2011)
(By-law No. 25-155, August 06, 2025)
360. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, on those lands
zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Maps 1481 and 1528 of Schedule "A" - Zoning Maps and described
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-251
as 1574 Wilson Street West, Units 1, 2 and 3, the existing Hazardous Waste
Management Facility shall also be permitted, subject to the following:
i)
Notwithstanding the above, no expansion to the existing Hazardous Waste
Management Facility shall be permitted.
(By-law 10-128, June 28, 2011)
(By-law No. 25-155, August 06, 2025)
361. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1050, 1051, 1096 and 1097 of
Schedule "A" - Zoning Maps and described as 144-190 South Service Road, Units
162-178, a Hazardous Waste Management Facility shall also be permitted, subject
to the following:
i)
Notwithstanding the above, no expansion to the existing Hazardous Waste
Management Facility shall be permitted.
(By-law 10-128, June 28, 2011)
(By-law No. 25-155, August 06, 2025)
362. In addition to the uses permitted in Section 9.3.1 and Section 9.5.1, on those lands
zoned Prestige Business Park (M3) Zone and General Industrial (M5) Zone,
identified on Maps 1048, 1499 and 1546 of Schedule "A" - Zoning Maps and
described as addresses:
37 Kilbride Road
(Maps 1499, 1546)
460 Kenora Avenue
(Map 1048)
a Waste Management Facility shall also be permitted.
(By-law 10-128, June 28, 2011)
363. In addition to the uses permitted in Section 9.1.1, Section 9.2.1 and Section 9.3.1,
on those lands zoned Research and Development (M1) Zone, General Business
Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 950,
1096, 1482 and 1501 of Schedule "A" - Zoning Maps and described as addresses:
95 Frid Street
(Map 950)
1330 Sandhill Drive
(Map 1482)
30 Harlowe Road
(Map 1501)
456 Grays Road
(Map 1096)
a Gymnastics Studio shall also be permitted.
(By-law 10-128, June 28, 2011)
364. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1147 and 1198 of Schedule "A" -
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-252
Zoning Maps and described as 371-383 Barton Street, a Restaurant shall also be
permitted.
(By-law 10-128, June 28, 2011)
365. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1450 and 1451 of Schedule "A" -
Zoning Maps and described as 45 Nebo Road, a Pet Food Store shall also be
permitted.
(By-law 10-128, June 28, 2011)
366. In addition to the uses permitted in Section 9.6.1 and notwithstanding Section 9.6.2
ii), on those lands zoned Light Industrial (M6) Zone, identified on Maps 956, 957,
1003 and 1047 of Schedule "A" - Zoning Maps and described as addresses:
728 Rennie Street
(Maps 1003, 1047)
734 Rennie Street
(Maps 1003, 1047)
29 Linden Street
(Maps 956, 957)
the existing Place of Worship shall also be permitted.
(By-law 10-128, May 26, 2010)
(By-law No. 25-155, August 06, 2025)
367. In addition to Section 9.2.3, on those lands zoned General Business Park (M2)
Zone, identified on Map 1200 of Schedule "A" - Zoning Maps and described as 30
Sunnyhurst Avenue, an accessory garage to the existing single detached dwelling
shall also be permitted, subject to the following Regulations:
a.
Maximum Size
67.0 square metres
b.
Minimum Side Yard
1.2 metres
c.
Minimum Rear Yard
7.0 metres
d.
Maximum
Building
Height
i) 5.5 metres;
ii) In addition to i) above, the maximum
height of the underside of any fascia
eaves, overhang or the lower ends of
the roof joists, rafters or trusses shall
be 3.0 metres.
e.
Location Restriction
The accessory garage shall not be
permitted in the required Front Yard.
(By-law 10-128, June 28, 2011)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-253
368. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1499 of Schedule "A" - Zoning Maps
and described as 1275 Rymal Road East and 230 Lancing Drive, the following
uses shall also be permitted:
a.
Medical Office
b.
Home Furnishings Retail Establishment
c.
Restaurant
(By-law 10-128, June 28, 2011, By-law 11-276 November 16, 2011)
369. In addition to the uses permitted in Section 9.2.1, Section 9.3.1 and Section 9.4.1
and notwithstanding Section 9.3.2 ii) and 9.4.2 ii), on those lands zoned General
Business Park (M2) Zone, Prestige Business Park (M3) Zone and Business Park
Support (M4) Zone, identified on Maps 1096, 1145, 1450, 1451, 1452, 1501, 1547,
1548 and 1592 of Schedule "A" - Zoning Maps and described as addresses:
1338 Stone Church Road East
(Map 1451)
1545 Stone Church Road East
(Map 1452)
1150 Stone Church Road East
(Map 1450)
60 Harlowe Road, Units 12 and 13
(Map 1501)
75 Harlowe Road
(Map 1501)
1562 Rymal Road East
(Maps 1547, 1548, 1592)
2799 Barton Street East
(Maps 1096, 1145)
1439 Upper Ottawa Street
(Map 1450)
a Place of Worship shall also be permitted.
(By-law 10-128, June 28, 2011)
370. In addition to the uses permitted in Section 9.3.1 and notwithstanding Section 9.3.2
ii), on those lands zoned Prestige Business Park (M3) Zone, identified on Maps
1500, 1501, 1547, and 1548 of Schedule "A" - Zoning Maps and described as 250
Pritchard Road, a Place of Worship shall also be permitted.
(By-law 10-128, June 28, 2011)
371. In addition to the uses permitted in Section 9.6.1 and notwithstanding Section 9.6.2
i), 9.6.3 k), 9.6.3 l) and 9.6.3 m), on those lands zoned Light Industrial (M6) Zone,
identified on Maps 870 and 871 of Schedule "A" - Zoning Maps and described as
495 Wentworth Street North, the following special provisions shall also apply:
a.
The following uses shall also be permitted:
i)
Salvage Yard shall also be permitted; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-254
ii)
Waste Management Facility, excluding any food, human,
biodegradable or compostable materials.
b.
Sections 9.6.3 k), 9.6.3 l), 9.6.3 m) and 9.6.3 p) shall not apply as it relates
to a Salvage Yard and Waste Management Facility
(By-law 10-128, March 25, 2011)
372. Notwithstanding Section 5.2.1 a), Section 5.6 c) only as it relates to the parking
requirement for Manufacturing and Section 9.3.3 c) ii), on those lands zoned
Prestige Business Park (M3) Zone, identified on Maps 1591 and 1635 of Schedule
"A" - Zoning Maps and described as 863 Nebo Road, the following special
provisions shall apply:
a.
Loading doors and associated loading facilities shall be permitted within a
Front Yard, subject to being screened from view by a Visual Barrier in
accordance with Section 4.19 of this By-law; and,
b.
Parking for Manufacturing
A minimum of 199 parking spaces shall
be provided and maintained.
c.
Subsection 9.3.3 b) ii) shall not apply.
(Zoning By-law No. 10-128, June 28, 2011)
(Zoning By-law No. 23-079, May 10, 2023)
373. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, on those lands
zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Maps 1146, 1147, 1198 and 1199 of Schedule "A" - Zoning Maps and
described as addresses:
299 Barton Street (Mountain View Public School) (Map 1146)
481 Barton Street, 340-346 Leaside Avenue (Mohawk College of Applied Arts and
Technology - STARRT Institute) (Maps 1147, 1198 and 1199)
an Educational Establishment shall also be permitted.
(By-law 10-128, June 28, 2011)
374. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1203, 1204, 1257, 1258 and 1452 of
Schedule "A" - Zoning Maps and described as addresses:
1599 Stone Church Road East
(Map 1452)
395 Lewis Road
(Maps 1203, 1204, 1257, 1258)
a Home Furnishings Retail Establishment shall also be permitted.
(By-law 10-128, June 28, 2011)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-255
375. Within the lands zoned Prestige Business Park (M3 Zone), General Industrial (M5)
Zone and Light Industrial (M6) Zone, identified on Maps 829, 870, 871, 912, 913,
914, 915, 956, 957, 958, 959, 1147, 1198, 1199, and 1256 of Schedule "A" -
Zoning Maps and described as:
Property Address
Map Number
1-18, 20, 22-37, 39, 41, 43 Albemarle Street
915, 956, 957
362, 364, 366, 368, 370, 372, 374, 376, 378,
380, 382, 385-387, 393, 395, 397, 399
Avondale Street
914, 915, 956, 957
31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 55,
57,
59, 61, 63, 65, 67, 69, 73, 75, 77, 79, 81, 83,
89, 91, 93, 104, 105, 107-113, 116-118, 120,
122, 124, 126, 128, 130, 132, 136, 140, 142,
144, 146, 148, 150, 152, 154, 156, 158, 160-
164, 166, 167, 169, 172, 173, 175-177, 179-
182, 184, 186, 188, 190, 192, 194, 195, 203,
205, 207, 211, 213, 215, 217, 219, 221, 223,
227, 229, 233, 237, 240, 243, 252, 254, 263,
264, 266, 267, 269-275, 526, 528, 530, 532,
534, 544, 548, 554, 560, 568 Beach Road
914, 956, 957, 958, 959
3, 8-10, 12-15, 20, 22 Beatty Avenue
958
2, 4, 8, 16 Birmingham Street
914
450, 517, 520, 539, 553, 555, 561, 563, 569,
571, 573, 577 Burlington Street East
971
29, 43, 110, 112, 114, 116, 118, 120, 122, 140,
142, 144, 146, 148, 150, 152, 154, 156, 158,
160, 162, 164, 166 Burton Street
870, 912
83, 85, 87, 89, 91-105 Cheever Street
912
3, 16, 18, 20, 22, 24, 32, 36 Clark Avenue
870, 912
5-7, 21, 23, 25, 27, 29-31, 33, 35, 37, 39, 40,
45,
47-49 Depew Street
915, 957
12-22, 24-28, 30, 31, 33 Dickson Street
871
6, 8, 10, 16 Douglas Avenue
912
350, 353, 360, 362, 364, 366, 368, 373, 375,
377, 391, 393, 395 Emerald Street North
870, 912
304, 322, 332, 334, 337, 342, 344, 348, 350,
352, 357 Gage Avenue North
914, 956
3, 17, 20, 22, 25, 27, 29, 31, 33, 35, 37, 39, 41,
43-58, 60, 62, 64, 66, 69, 70, 72-79, 81-84, 86,
914, 915, 957
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-256
87-95, 97, 99, 101-103, 105, 107, 109, 113,
115 Gertrude Street
5, 59, 61, 63, 65-71, 73-75, 78, 79, 81, 91, 93,
95, 97-99, 101-103, 105, 107, 109, 111, 113,
115-119, 121, 123, 125, 127, 129, 131, 133,
135, 137, 139, 141 Hillyard Street
871, 913
1, 3, 5, 7, 9, 11, 13, 15-17, 19-21, 23, 25, 34,
36,
38, 40, 42 Land Street
915, 957
1, 4-12, 14-16, 18, 19, 21-24, 26-28, 30-37
Lyndhurst Street
915, 957
2, 6, 8, 10, 16, 20, 22, 24-27, 30, 31, 35, 36,
38-
41, 43, 45 Macallum Street
870, 871
17, 23, 25, 27, 29, 31 McKinstry Street
871
333 McNeilly Road
1256
52, 56, 58, 60, 64 Munroe Street
913
66, 67, 69-71, 73-76, 78, 82, 84, 86, 88, 98,
99,
102-104, 106-110, 112-131, 133-135, 137,
139,
141, 143, 152, 163, 167, 171 Niagara Street
829, 871
2, 4, 10, 12, 20, 26, 28, 32 Northcote Street
957
1 Norton Street
914
5 Roadway
871, 914, 915, 956, 957
1, 2, 4, 6, 8 Roosevelt Avenue
958
1, 3, 5-20, 22-25, 27-29, 31, 33, 35-37
Rowanwood Street
957
15, 17, 20-27, 29-36, 38, 40, 48, 50, 52, 56,
58,
60, 64, 65, 71, 73, 75, 77, 79, 81, 83, 85, 87,
89,
91, 93, 95, 97, 99, 103, 107, 109, 111, 113,
115,
117-119, 170, 175 Shaw Street
912, 913
366, 390, 400 Victoria Avenue North
870, 912
335, 517, 519, 521, 527, 529, 531, 533, 536,
540, 560, 562, 564, 566, 568, 570, 572, 574,
578, 580, 582, 584, 600, 610, 612, 618
Wentworth Street North
829, 871, 912, 913
2, 4, 6, 8, 10-25, 27, 28, 30, 32, 34, 36, 38, 40
44, 46-48, 50 Whitfield Avenue
914
The following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-257
a)
In addition to Subsections 9.3.1, 9.5.1 and 9.6.1, and notwithstanding
Subsections 9.5.2 and 9.6.2 ii), the legally established residential uses
existing on the date of passing of this By-law (May 26, 2010) shall also be
permitted.
b)
In addition to clause a), an Additional Dwelling Unit may be permitted within
a legally established single detached dwelling, semi-detached dwelling,
street townhouse, or block townhouse dwelling existing as of May 26, 2010
and shall be in accordance with Section 4.33 of the By-law.
c)
Notwithstanding Subsections 9.3.3, 9.5.3 and 9.6.3, the following
regulations shall apply to the use permitted in Clause a):
i)
Minimum Front Yard
6.0 metres
ii)
Maximum Building Height
14.0 metres
iii)
Minimum Side Yard
0.6 metres
iv)
Minimum Rear Yard
7.5 metres
v)
Accessory buildings shall be subject to Subsection 4.8.1
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
(By-law No. 21-071, May 12, 2021)
(By-law No. 22-084, April 13, 2022)
(By-law No. 22-132, June 08, 2022)
(By-law No. 24-137, July 10, 2024)
376. Notwithstanding Section 9.3.3 b) and Section 9.3.3 i), within the boundaries of the
lands affected by this subsection and zoned Prestige Business Park (M3) Zone,
identified on Maps 1434 and 1483 of Schedule "A" - Zoning Maps, the following
special provisions shall also apply:
a.
Garner Road West shall be deemed to be the front lot line;
b.
Minimum
Yard
Abutting
Osprey Drive
3.0 metres
c.
Landscaped Area Abutting
Osprey Drive
i)
Minimum 3.0 metre width shall
be provided and maintained,
except for points of ingress and
egress;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-258
ii)
In addition to i) above, where a
parking
space,
aisle
or
driveway is located in a yard
abutting
Osprey
Drive,
a
minimum
3.0
metre
wide
Planting Strip shall be required
and maintained between the
said parking space, aisle or
driveway and Osprey Drive,
except for points of ingress and
egress.
(By-law 10-128, June 28, 2011)
377. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1482 of Schedule "A" - Zoning Maps
and described as 1492 Wilson Street West, the following uses shall also be
permitted:
a.
Restaurant
b.
Financial Establishment
(By-law 10-128, June 28, 2011)
378. In addition to the uses permitted in Section 7.5.1 and Section 9.3.1, on those lands
zoned Conservation/Hazard Land (P5) Zone and Prestige Business Park (M3)
Zone, identified on Maps 1481 and 1482 of Schedule "A" - Zoning Maps and
described as 1505 Wilson Street West, a Golf Course shall also be permitted.
(By-law 10-128, June 28, 2011)
379. Notwithstanding Section 5.1 a) v), Section 5.2.1 b), Section 9.3.2 ii), Section 9.3.3
c), Section 9.3.3 j), Section 9.3.3 l) and Section 9.3.3 m), on those lands zoned
Prestige Business Park (M3) Zone, identified on Maps 1546 and 1591 of Schedule
"A" - Zoning Maps and described as 583-595 Nebo Road and 615 Nebo Road, the
following special provisions shall apply:
a.
A manufacturing operation involving the primary production of concrete and
the recycling of concrete shall also be permitted;
b.
Section 5.1 a) v), Section 5.2.1 b), Section 9.3.3 c), Section 9.3.3 j), Section
9.3.3 l) and Section 9.3.3 m) shall not apply to the use identified in a. above.
(By-law 10-128, June 28, 2011)
380. Notwithstanding Section 9.3.3 b) and Section 9.3.3 i), within the boundaries of the
lands affected by this subsection and zoned Prestige Business Park (M3) Zone,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-259
identified on Maps 1481 and 1482 of Schedule "A" - Zoning Maps, the following
special provisions shall also apply:
a.
Wilson Street shall be deemed to be the front lot line;
b.
Minimum Yard Abutting
Sandhill Drive
3.0 metres
c.
Landscaped
Area
Abutting Sandhill Drive
i)
Minimum 3.0 metre width shall be
provided and maintained, except
for points of ingress and egress;
ii)
In addition to i) above, where a
parking space, aisle or driveway is
located in a yard abutting Sandhill
Drive, a minimum 3.0 metre wide
Planting Strip shall be required and
maintained
between
the
said
parking space, aisle or driveway
and Sandhill Drive, except for
points of ingress and egress.
(By-law 10-128, June 28, 2011)
381. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1434 and 1483 of Schedule "A" -
Zoning Maps and described as 1034 Garner Road West, the following uses shall
also be permitted:
a.
Restaurant
b.
the existing Dwelling Unit.
(By-law 10-128, June 28, 2011)
382. In addition Section 9.2.1 and Section 9.2.3, on those lands zoned General
Business Park (M2) Zone, identified on Map 1529 of Schedule "A" - Zoning Maps
and described as 611 Tradewind Drive, an Office shall also be permitted, provided
that the maximum gross floor area shall not be 10,000 square metres or greater.
(By-law 10-128, May 26, 2010)
383. Deleted.
(By-law 10-128, June 28, 2011)
(By-law No. 22-084, April 13, 2022)
384. Deleted.
(By-law 10-128, June 28, 2011)
(By-law No. 22-084, April 13, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-260
385. Notwithstanding Section 9.6.2 i), on those lands zoned Light Industrial (M6) Zone,
identified on Map 859 of Schedule "A" - Zoning Maps and described as 32-40
Head Street, the Primary Production of Chemicals as part of the existing
Manufacturing use shall also be permitted.
(By-law 10-128, May 26, 2010)
386. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, on those lands
zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Maps 580, 581, 611 and 612 of Schedule "A" - Zoning Maps and
described as 27 Highway 5 West, Recreation shall also be permitted.
(By-law 10-128, June 28, 2011)
387. In addition to the uses permitted in Section 9.6.1 and notwithstanding Section 9.6.2
i), Section 9.6.3 k) i) and Section 9.6.3 m) v), on those lands zoned Light Industrial
(M6) Zone, identified on Maps 871 and 913 of Schedule "A" - Zoning Maps and
described as 80 Brant Street, the following special provisions shall also apply:
a.
A Salvage Yard shall also be permitted;
b.
Section 9.6.3 k) i) and Section 9.6.3 m) v) shall not apply.
(By-law 10-128, June 28, 2011, By-law 11-276, November 16, 2011)
388. Notwithstanding Section 9.3.3 b) and Section 9.3.3 i), within the boundaries of the
lands affected by this subsection and zoned Prestige Business Park (M3) Zone,
identified on Maps 515 and 549 of Schedule "A" - Zoning Maps, the following
special provisions shall also apply:
a.
Minimum Yard Abutting
a Street
3.0 metres
b.
Landscaped Area
i)
Minimum 3.0 metre width shall
be provided and maintained,
except for points of ingress and
egress;
ii)
In addition to i) above, where a
parking
space,
aisle
or
driveway is located in a yard
abutting a street, a minimum
3.0 metre wide Planting Strip
shall
be
required
and
maintained between the said
parking
space,
aisle
or
driveway and a street, except
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-261
for points of ingress and
egress.
(By-law 10-128, June 28, 2011)
389. On those lands zoned General Business Park (M2) Zone, identified on Maps 580
and 611 of Schedule "A" - Zoning Maps and described as 91 Highway 5 West
(Coreslab), the following special provisions shall also apply:
a.
In addition to Section 9.2.3 c), the following Landscaped Area
regulations shall also apply:
i)
Minimum 5.0 metre width shall be provided and maintained
along the northerly lot line;
ii)
Minimum 5.0 metre width shall be provided and maintained
along the westerly lot line from the rear lot line south to a
distance of 408 metres;
iii)
Minimum 50.0 metre width, including a minimum 7.5 metre high
berm, shall be provided and maintained along the easterly lot
line from the rear lot line south to a distance of 243 metres; and,
iv)
Minimum 10.0 metre width, including a minimum 3.5 metre high
noise wall, shall be provided and maintained along the easterly
lot line from the southerly limit of the Landscaped Area as
required in a. iii) above, south to a distance of 165 metres.
b.
In addition to Section 9.2.3 d), the following regulation shall also
apply:
Outdoor
Storage
Upon removal of the "H" Holding symbol, the lands
within 20.0 metres of the westerly limit of the
Landscaped Area, as required in a. iii) above, shall
only be used for the outdoor storage of operational
assets of the permitted Manufacturing use, to a
maximum height of 3.0 metres.
c.
In addition to Section 9.2.3, the following regulation shall also apply:
Easterly Side
Yard
Minimum 300 metres for all Buildings and Structures
within 408 metres of the northerly rear lot line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-262
d.
An accessory crushing operation shall only be permitted on the west
side of the existing Building or Structure.
(By-law 10-128, May 26, 2010)
390. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1500 and 1501 of Schedule "A" -
Zoning Maps and described as 320 Anchor Road, a Correction Facility shall also
be permitted.
(By-law 10-128, June 28, 2011)
391. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1451 and 1500 of Schedule "A" -
Zoning Maps and described as 4-6 Dartnall Road, the existing Garden Centre shall
also be permitted.
(By-law 10-128, June 28, 2011)
392. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1500 of Schedule "A" - Zoning Maps
and described as 10 Dartnall Road, the existing Retail and existing Farm Product
Supply Dealer shall also be permitted.
(By-law 10-128, June 28, 2011)
393. In addition to the uses permitted in Section 9.3.1 and notwithstanding Section 9.3.2
ii), on those lands zoned Prestige Business Park (M3) Zone, identified on Map
1500 of Schedule "A" - Zoning Maps and described as 81 Dartnall Road, the
following uses shall also be permitted:
a.
the existing Dwelling Unit(s)
b.
a Snow Removal Service
(By-law 10-128, June 28, 2011)
394. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1499 and 1546 of Schedule "A" -
Zoning Maps and described as 1188 Rymal Road East, the following uses shall
also be permitted:
a.
Retail
b.
Home Furnishings Retail Establishment
c.
Restaurant
d.
Personal Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-263
e.
Medical Office
(By-law 10-128, June 28, 2011)
(By-law No. 24-137, July 12, 2024)
395. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1547 of Schedule "A" - Zoning Maps
and described as 245 Dartnall Road, an Animal Shelter shall also be permitted.
(By-law 10-128, June 28, 2011)
396. On those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1452
and 1501 of Schedule "A" - Zoning Maps and described as 1520 Stone Church
Road East, the following special provisions shall apply:
a.
Notwithstanding Section 9.3.3 j), the following regulation shall apply:
Landscaped Area and
Planting
Strip
Requirements
i)
Minimum
3.5
metre
wide
Landscaped
Area
shall
be
provided and maintained abutting
Stone Church Road East, except
for points of ingress and egress;
ii)
Minimum
2.6
metre
wide
Landscaped
Area
shall
be
provided and maintained abutting
Anchor Road, except for points of
ingress and egress;
b.
In addition to Section 9.3.3, the following regulations shall also apply:
Special Regulations for
Hotel
i)
Maximum of 53 rooms
ii)
Maximum Building Height: 27.0
metres and 8 storeys
c.
Notwithstanding Section 5.6 c), only as it relates to the parking requirements
for Conference or Convention Centre and Hotel, the following shall apply:
Parking for the Existing
Conference or
Convention Centre and
Hotel
A minimum of 175 parking spaces shall
be provided and maintained.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-264
d.
Notwithstanding Section 5.1 a) i), a total of 44 of the required 175 parking
spaces shall be provided and maintained at the property known as 270
Anchor Road.
(By-law 10-128, June 28, 2011)
397. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1199 of Schedule "A" - Zoning Maps
and described as 615 Barton Street, a Private Club shall also be permitted.
(By-law 10-128, June 28, 2011)
398. In addition Section 9.2.1, Section 9.2.3, Section 9.3.1 and Section 9.3.3, on those
lands zoned General Business Park (M2) Zone and Prestige Business Park (M3)
Zone, identified on Map 1146 of Schedule "A" - Zoning Maps and described as
263-265 Barton Street and 333 Green Road, the following special provisions shall
also apply:
a.
The following uses shall also be permitted:
i)
Commercial School
ii)
Financial Institution
iii)
Retail
b.
The uses identified in a. above, shall only be permitted within the existing
buildings.
(By-law 10-128, June 28, 2011)
399. In addition to Section 9.3.1 and Section 9.3.3, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1149 and 1200 of Schedule "A"
- Zoning Maps and described as 650 South Service Road, the following
special provisions shall also apply:
a.
That the following uses shall also be permitted:
i)
Restaurant
ii)
Financial Establishment
iii)
Retail
iv)
Personal Service
b.
That the following regulations shall also apply:
i)
Notwithstanding any other regulation within this by-law, a
restaurant shall not be limited in size;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-265
ii)
No drive through facility shall be permitted even as an
accessory use;
iii)
No Restaurant shall be located within 40 m of Fruitland Road;
iv)
An individual Retail Establishment shall be restricted to a
maximum gross floor area of 500 square metres; and,
v)
Notwithstanding any other regulation within this by-law, the
maximum gross floor area related to Retail and Personal
Services shall be limited to 15% of the total gross floor area.
(By-law 10-128, June, 28, 2011)
(By-law No. 24-137, July 12, 2024)
400. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1200 of Schedule "A" - Zoning Maps
and described as 348-354 Fruitland Road, a Landscape Contracting
Establishment shall also be permitted.
(By-law 10-128, June 28, 2011)
401. In addition to the uses permitted in Section 9.3.1 and notwithstanding Section 9.3.2
i), on those lands zoned Prestige Business Park (M3) Zone, identified on Map 1149
of Schedule "A" - Zoning Maps and described as 404 Fruitland Road, the existing
Motor Vehicle Wrecking Establishment shall also be permitted.
(By-law 10-128, June 28, 2011)
402. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, within the
boundaries of the lands affected by this subsection and zoned General Business
Park (M2) Zone and Prestige Business Park (M3) Zone, identified on Maps 1203,
1204, 1257 and 1258 of Schedule "A" - Zoning Maps, the following uses shall also
be permitted:
a.
Home Furnishings Retail Establishment
b.
Restaurant
c.
The following special provisions shall also apply for properties located at
360 and 410 Lewis Road:
i)
In addition to Sections 9.2.1 and 9.3.1, the following uses shall also
be permitted:
1. Commercial Recreation;
2. Commercial Entertainment;
3. Commercial School;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-266
4. Financial Establishment;
5. Place of Worship;
6. Medical Clinic;
7. Studio; and,
8. Veterinary Clinic.
ii)
The Maximum Gross Floor Area for a Place of Worship shall be 500
square metres.
(By-law 10-128, June, 28, 2011)
(By-law 17-143, July 14, 2011)
(By-law 17-145, September 14, 2017)
403. In addition to Section 9.2.1, Section 9.2.3 and Section 9.3.1, on those lands zoned
General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Maps 1257 and 1310 of Schedule "A" - Zoning Maps, and described
as 1081 Barton Street, the following special provisions shall also apply:
a.
The following uses shall also be permitted:
i)
Financial Establishment
ii)
Office
iii)
Conference or Convention Centre
b.
In addition to Section 9.2.3, the following regulation shall apply
to Office Use:
Maximum gross floor area for Office use within an individual
building, excluding accessory office, shall be limited to 3,000
square metres.
(By-law 10-128, June 28, 2011)
404. Within the lands zoned Prestige Business Park (M3, 404,H215) Zone, identified on
Map Nos. 1260 and 1313 of Schedule "A" - Zoning Maps and described as 1400
South Service Road, the extent and boundaries of "Part B" which are shown on
Schedule "A" to this By-law, the following special provisions shall be modified:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-267
a.
Notwithstanding Special Exception 404 subsection b. iv), the minimum
landscape strip along the easterly lot line shall be 1.5 metres.
b.
Notwithstanding Subsection 9.3.3 g), the maximum permitted gross floor
area for Office use within an individual building, excluding accessory office,
shall be limited to 3,995 square metres
(By-law 10-128, June 28, 2011)
(By-law 26-025-OLT, July 22, 2025)
405. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, on those lands
zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Map 1256 of Schedule "A" - Zoning Maps and described as 967-977
Barton Street, the existing Mini Golf and the existing Golf Driving Range shall also
be permitted.
(By-law 10-128, June 28, 2011)
406. Notwithstanding Section 9.3.2 i), on those lands zoned Prestige Business Park
(M3) Zone, identified on Map 1591 of Schedule "A" - Zoning Maps and described
as 669 Nebo Road, a manufacturing operation involving the primary production of
asphalt or cement shall also be permitted.
(By-law 10-128, June 28, 2011)
407. In addition to Section 9.3.1 and Section 9.3.3 and notwithstanding Section 3 only
as it relates to the definition of Building or Contracting Supply Establishment, on
those lands zoned Prestige Business Park (M3) Zone, identified on Map 1452 of
Schedule "A" - Zoning Maps and described as 1525 Stone Church Road East, the
following special provisions shall also apply:
a.
The following uses shall also be permitted:
i)
Financial Establishment
ii)
Restaurant
iii)
Fitness Club
iv)
Bowling Alley, including an accessory restaurant
b.
The following Regulation shall also apply:
Restriction for
Restaurant Use
i)
Shall be limited to one Restaurant on
the
property,
not
including
a
restaurant accessory to a Bowling
Alley;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-268
ii)
In addition to i) above, no drive-thru
or stacking lane shall be located
between any building and a street
line.
c.
For the purpose of this special exception, a Building or Contracting Supply
Establishment shall be defined as follows:
"Shall mean the use of land, building or structure, or part thereof, in which
building, construction or home improvement materials are stored or offered
for wholesale or retail sale."
(By-law 10-128, June 28, 2011)
408. On those lands zoned Prestige Business Park (M3) Zone, identified on Map 1500
of Schedule "A" - Zoning Maps and described as 50 Dartnall Road, the following
special provisions shall also apply:
a.
In addition to Section 9.3.3, the following regulations shall also apply:
i)
Minimum Northerly Side
Yard
1.4 metres
ii)
Minimum Rear Yard
2.8 metres
b.
Notwithstanding Section 9.3.3 i), Section 9.3.3 k) v) and Section 5.2 e), the
following regulations shall apply:
i)
Landscaped Area and
Planting Strip Requirements
1.
Minimum 3.0 metre width
shall be provided and
maintained, except for
points of ingress and
egress;
2.
In addition to i) above,
where a parking space,
aisle
or
driveway
is
located in a yard abutting
a street, a minimum 3.0
metre wide Planting Strip
shall be required and
maintained between the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-269
said parking space, aisle
or driveway and a street,
except
for
points
of
ingress and egress.
ii)
Screening of Outdoor
Storage and Outdoor
Assembly
Outdoor Storage and Outdoor
Assembly shall be screened
from view from any abutting
street by a Visual Barrier
having a minimum of 1.5
metres
and
a
maximum
height 3.0 metres.
iii) Existing Parking Area
The existing gravel parking
area, maneuvering space,
loading space and access
driveway
shall
also
be
permitted.
(By-law 10-128, June 28, 2011)
409. Notwithstanding Section 9.3.2 i), on those lands zoned Prestige Business Park
(M3) Zone, identified on Maps 1545 and 1546 of Schedule "A" - Zoning Maps and
described as 1680 Upper Ottawa Street, a manufacturing operation involving the
primary production of asphalt shall also be permitted.
(By-law 10-128, June 28, 2011)
410. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, on those lands
zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Map 1148 of Schedule "A" - Zoning Maps and described as 560
Seaman Street and 565 Seaman Street, Commercial Recreation shall also be
permitted.
(By-law 10-128, June 28, 2011)
411. On those lands zoned Light Industrial (M6) Zone, identified on Map 1238 of
Schedule "A" - Zoning Maps and described as 1050-1056 Upper Wellington
Street, Section 9.6.3 m iv) shall not apply to the existing Building and Lumber
Supply Establishment.
(By-law 10-128, May 26, 2010, By-law 11-276, November 16, 2011)
412. Notwithstanding Section 9.3.1, on those lands zoned Prestige Business Park (M3),
identified on Map 1501 of Schedule "A" - Zoning Maps and described as 38 Bigwin
Road, a Motor Vehicle Collision Repair Establishment shall not be permitted.
(By-law 10-128, June 28, 2011)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-270
413. Notwithstanding Section 9.3.3 f), on those lands zoned Prestige Business Park
(M3) Zone, identified on Maps 1545, 1590 and 1591 of Schedule "A" - Zoning
Maps and described as 610 Nebo Road, Section 9.3.3 f) shall not apply.
(By-law 10-128, June, 28, 2011)
414. In addition to the uses permitted in Section 9.2.1 and 9.6.1 and notwithstanding
Section 9.2.2 i) and Section 9.6.2 i), on those lands zoned General Business Park
(M2) Zone and Light Industrial (M6) Zone, identified on Maps 1047, 1048, 1093,
1094, 1095 and 1096 of Schedule "A" - Zoning Maps and described as:
20 Brockley Drive
(Maps 1095, 1096)
21 Brockley Drive
(Map 1095)
330 Nash Road
(Maps 1047, 1048, 1093, 1094)
the following uses shall also be permitted:
a.
Restaurant
b.
Beverage Distillation
c.
Breweries
d.
Processing, Milling or Packaging of Animal Feed
e.
Slaughtering, Eviscerating, Rendering or Cleaning of Meat,
Poultry or Fish or by-products thereof
(By-law 10-128, May 26, 2010, June 28, 2011)
415. Notwithstanding Section 3 only as it relates to the definition of Warehouse, on
those lands zoned Prestige Business Park (M3) Zone, identified on Maps 1547
and 1592 of Schedule "A" - Zoning Maps and described as 90 Glover Road, retail
accessory to a Warehouse shall also be permitted.
(By-law 10-128, June, 28, 2011)
416. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1634 of Schedule "A" - Zoning Maps
and described as 858 Nebo Road, a Towing Establishment shall also be permitted.
(By-law 10-128, June 28, 2011)
417. In addition to the uses permitted in Section 9.6.1, on those lands zoned Light
Industrial (M6) Zone, identified on Maps 1047 and 1093 of Schedule "A" - Zoning
Maps and described as 279 Nash Road and 2255 Barton Street East, Retail shall
also be permitted.
(By-law 10-128, May 26, 2010)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-271
418. On those lands zoned Light Industrial (M6) Zone, identified on Maps 915, 916, 957
and 958 of Schedule "A" - Zoning Maps and described as 560 Ottawa Street North,
the following shall also apply:
a.
Section 9.6.3 k) shall not apply to that portion of the property abutting Beach
Road;
b.
In addition to Section 9.6.3, for development abutting Beach Road, a Visual
Barrier shall be provided along that portion of the property lot line abutting
Beach Road, in accordance with Section 4.19 of this By-law.
(By-law 10-128, May 26, 2010, By-law 11-276, November 16, 2011)
419. Notwithstanding Section 9.5, within the boundaries of the lands affected by this
subsection and zoned General Industrial (M5) Zone, identified on Maps 958, 1000,
1001 and 1002 of Schedule "A" - Zoning Maps, the following special provisions
shall only apply:
a.
The following uses shall only be permitted:
i)
Railway terminal and uses, buildings and structures accessory
thereto, including commercial, industrial and office uses; and,
ii)
Transport Terminal.
b.
Dwelling unit shall be prohibited.
(By-law 10-128, May 26, 2010)
420. In addition to Section 9.2.1 and notwithstanding Section 9.2.3 d) and Section 5.6
c) only as it relates to the parking requirement for a Place of Worship, on those
lands zoned General Business Park (M2) Zone, identified on Map 1095 of
Schedule "A" - Zoning Maps and described as 80-86 Covington Street and 86
Cascade Street, the following special provisions shall also apply:
a.
A Place of Worship shall also be permitted;
b.
Section 9.2.3 d) shall not apply to a Place of Worship;
c.
Parking for the Place of
Worship
A minimum of 188 parking spaces
shall be provided and maintained.
(By-law 10-128, June 28, 2011)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-272
421. On those lands zoned General Business Park (M2) Zone, identified on Map 1095
of Schedule "A" - Zoning Maps and described as 70 Covington Street, Section
5.2.1 a) and Section 5.2.1 b) shall not apply to the existing building.
(By-law 10-128, June 28, 2011)
422. In addition to the uses permitted in Section 9.2.1, on those lands zoned General
Business Park (M2) Zone, identified on Map 1200 of Schedule "A" - Zoning Maps
and described as 29-35 Sunnyhurst Avenue, a Motor Vehicle Service Station shall
also be permitted.
(By-law 10-128, June 28, 2011)
423. In addition to Section 9.3.1 and notwithstanding Section 9.3.3 n), on those lands
zoned Prestige Business Park (M3) Zone, identified on Maps 1200 and 1254 of
Schedule "A" - Zoning Maps and described as 681-695 Barton Street, the following
special provisions shall also apply:
a.
Commercial Recreation shall also be permitted;
b.
The maximum gross floor area devoted to accessory retail and showroom
area shall be 1,120 square metres for any permitted use.
(By-law 10-128, March 25, 2011)
424. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1434 and 1483 of Schedule "A" -
Zoning Maps and described as 1046 Garner Road West, the following uses shall
also be permitted:
a.
Financial Establishment
b.
Restaurant
(By-law 10-128, June 28, 2011)
425. Within the boundaries of the lands affected by this subsection and zoned Prestige
Business Park (M3) Zone, identified on Maps 1636 and 1637 of Schedule "A" -
Zoning Maps, and described as 280, 328, 338 Trinity Church Road the following
special provisions shall also apply:
a.
Notwithstanding Section 9.3.3 a) and Section 9.3.3 b), the following
regulations shall apply:
i)
Minimum Lot Area
3,000 square metres
b.
Notwithstanding Section 9.3.3, the following regulation shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-273
i)
Minimum Lot Width
25.0 metres
c.
Notwithstanding Section 9.3.2 ii) and Section 9.3.3 c) and in addition to
Section 9.3.3, an accessory dwelling unit shall also be permitted, subject to
the following regulations:
i)
Yard Abutting a
Street
1.
Minimum 6.0 metres;
2.
Maximum 15.0 metres
ii) Maximum Dwelling
Size
180.0 square metres
d.
Section 9.3.3 k) ii) and Section 9.3.3 o) shall not apply.
(By-law 10-128, June 28, 2011, By-law 11-276, November 16, 2011)
426. In addition to the uses permitted in Section 9.3.1, on those lands zoned Prestige
Business Park (M3) Zone, identified on Map 1482 of Schedule "A" - Zoning Maps
and described as 1330 Sandhill Drive, a Martial Arts Studio shall also be permitted.
(By-law 10-128, June 28, 2011)
427. In addition to the uses permitted in Section 9.2.1 and Section 9.3.1, on those lands
zoned General Business Park (M2) Zone and Prestige Business Park (M3) Zone,
identified on Maps 612,1148, 1199, 1482 and 1529 of Schedule "A" - Zoning Maps
and described as addresses:
12 Innovation Drive
(Map 612)
1378 Sandhill Drive
(Map 1482 and 1529)
1442 Osprey Drive
(Map 1529)
515 Arvin Avenue
(Map 1148 and 1199)
a Dance Studio shall also be permitted.
(By-law 10-128, May 26, 2010)
428. On those lands zoned Prestige Business Park (M3) Zone, identified on Map 1484
of Schedule "A" - Zoning Maps and described as 754 Shaver Road, the following
special provisions shall also apply:
a.
In addition to the uses permitted in Section 9.3.1, a Tennis School shall also
be permitted;
b.
Notwithstanding Section 9.3.3i) i) and Section 9.3.3 i) ii), and Section 5.1 v)
a minimum 2.8 metre wide landscaped area shall be provided and
maintained abutting a street, except for points of ingress and egress;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-274
c.
Notwithstanding Section 5.2 e), the portion of the parking areas at the north
side of the building containing nine parking spaces shall be constructed with
a hard/dustless compact surface instead of being constructed with a stable
surface of concrete or asphalt.
(By-law 10-128, June 28, 2011, By-law 11-276, November 16, 2011)
429. In addition to the uses permitted in Section 9.2.1, on those lands zoned General
Business Park (M2) Zone, identified on Map 1482 of Schedule "A" - Zoning Maps
and described as 1370 Sandhill Drive, a Music School shall also be permitted.
(By-law 10-128, May 26, 2010)
430. On those lands zoned Prestige Business Park (M3) Zone, identified on Map 1148
of Schedule "A" - Zoning Maps and described as 565 Seaman Street, the following
special provisions shall also apply:
a.
In addition to the uses permitted in Section 9.3.1, Commercial Recreation,
including an accessory restaurant shall also be permitted;
b.
Notwithstanding Section 5.6 c) only as it relates to the parking requirement
for Commercial Recreation, a minimum of 180 parking spaces shall be
provided and maintained.
(By-law 10-128, June 28, 2011)
431. On those lands zoned Prestige Business Park (M3) Zone, identified on Maps 611
and 642 of Schedule "A" - Zoning Maps and described as 91 Highway 5 West
(Block 11), the following special provisions shall also apply:
a.
In addition to Section 9.3.1, the following uses shall also be permitted:
i)
Landscape Contracting Establishment
ii)
Waste Processing Facility
iii)
Waste Transfer Facility
b.
Notwithstanding Section 9.3.2, the following uses shall be prohibited:
PROHIBITED USES
i) Notwithstanding Section 9.3.2,
the following types of
manufacturing uses are
prohibited, except if these uses
are considered only as an
accessory use to another
permitted manufacturing use:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-275
Beverage Distillation
Breweries
Manufacturing of Asbestos,
Phosphate or Sulphur
Products
Primary Production of
Chemicals, Synthetic
Rubber or Plastic
Processing or Refining of
Petroleum or Coal
Processing, Milling or
Packaging of Animal Feed
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
ii) Notwithstanding Section 9.3.2,
the following uses are
prohibited, even as accessory
uses:
Child Care Centre
Dwelling Unit
c.
Notwithstanding Section 9.3.3 b), Section 9.3.3 i), Section 9.3.3 k) and
Section 9.3.3 l), the following regulations shall apply:
i)
Minimum Yard
Abutting a Street
3.0 metres
ii)
Landscaped Area
and Planting Strip
Requirements
1.
Minimum
3.0
metre
wide
Landscaped
Area
shall
be
provided
and
maintained
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-276
abutting a street, except for
points of ingress and egress;
2.
In addition to i) above, where a
parking space, aisle or driveway
is located in a Yard abutting a
street, a minimum 3.0 metre
wide Planting Strip shall also be
required
and
maintained
between the said parking space,
aisle or driveway and a street,
except for points of ingress and
egress.
iii)
Location and
Screening of
Outdoor Storage
and Outdoor
Assembly
Outdoor
Storage
and
Outdoor
Assembly of goods, materials or
equipment shall be permitted only as
an accessory use and the following
regulations shall apply:
1.
Outdoor Storage and Outdoor
assembly shall be permitted in a
yard abutting a street, but shall
be no closer than 3.0 metres to
the lot line;
2.
Outdoor Storage and Outdoor
Assembly shall not exceed 85%
of the total lot area;
3.
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.
iv)
Location of Outdoor
Display
Outdoor Display of goods, materials
or equipment shall be permitted only
as an accessory use and shall be
permitted in a yard abutting a street,
but shall be no closer than 3.0 metres
to the lot line.
(By-law 10-128, June 28, 2011)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-277
432. In addition to Section 9.3.1 and Section 9.3.3, on those lands zoned Prestige
Business Park (M3) Zone, identified on Maps 1451, 1452, 1500 and 1501 of
Schedule "A" - Zoning Maps and described as 230 Anchor Road, Retail shall also
be permitted only within the existing building.
(By-law 10-128, June 28, 2011)
433. Notwithstanding Section 5.6 c), 9.5.3 b), and 9.5.3 c), on those lands zoned
General Industrial (M5) Zone, identified on Maps 749-751, 789-791, 830-832, 872-
874 and 914-916 and described as 386 Wilcox Street, Sections 5.6 c), 9.5.3 b) and
9.5.3 c) shall not apply.
(By-law 10-128, May 26, 2010)
434. In addition to Section 9.2.1, Section 9.3.1, on those lands zoned General Business
Park (M2) Zone identified on Map 1529 of Schedule "A" - Zoning Maps, described
as 680 Tradewind Drive, and Prestige Business Park (M3) Zone identified on Maps
1149 and 1200 of Schedule "A", described as 620 South Service Road,
Commercial Recreation shall also be permitted. In addition, the following shall
apply to the lands at 620 South Service Road:
a.
Notwithstanding Section 9.3.3 i), no landscape area or planting strip shall
be required adjacent to Fruitland Road.(By-law No. 14-143, June 11, 2014)
(By-law 10-128, May 26, 2010, By-law 11-276, November 16, 2011, By-law 12-028, February 8, 2012)
435. In addition to Section 9.2.1 and Section 9.2.3, on those lands zoned General
Business Park (M2) Zone, identified on Map 1529 of Schedule "A" - Zoning Maps
and described as 1425 Cormorant Road, the following shall also apply:
i)
The following uses shall also be permitted:
a.
Office
b.
Industrial Administration Office
c.
Surveying, Engineering, Planning or Design Business
ii)
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.
(By-law 11-276, November 16, 2011)
436. In addition to Section 9.5.1 and notwithstanding Section 9.5.3 i) and Section 5.6 c)
only as it relates to the parking requirement for Manufacturing, on those lands
zoned General Industrial (M5) Zone, identified on Map 870 of Schedule "A" -
Zoning Maps and described as 400, 424, 442 and 446 Burlington Street East, the
following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-278
a.
Parking
Requirement
for
Manufacturing
i)
No parking spaces are required provided
that the number of parking spaces which
existed on the effective date of this By-law
shall
continue
to be
provided
and
maintained.
ii)
Notwithstanding i) above, for any new
construction on the property, parking shall
be calculated at 1 space for each 30
square metres of gross floor area, which
accommodates the Office component.
(By-law 10-128, March 25, 2011)
437. In addition to Section 9.3.1, on those lands zoned Prestige Business Park (M3)
Zone, identified on Maps 548 and 549 of Schedule "A" - Zoning Maps and
described as lands fronting Parkside Drive, the following uses shall also be
permitted:
a.
Fitness Club
b.
Medical Clinic
(By-law 10-128, March 25, 2011, November 16, 2011)
438
In addition to Section 9.6.1, on the lands zoned Light Industrial (M6) Zone,
identified on Map 956 of Schedule "A" - Zoning Maps and described as 39, 43,
45 and 67 Lloyd Street, the following uses shall also be permitted:
a.
Smelting of metal only as an accessory use
b. Auctioneering
(By-law 10-128, March 25, 2011)
439. In addition to Section 9.3.1, on those lands zoned Prestige Business Park (M3)
Zone, identified on Maps 1149 and 1200 of Schedule "A" - Zoning Maps and
described as 620 South Service Road, a stand-alone car wash, accessory to a
Motor Vehicle Service Station, shall also be permitted.
(By-law 10-128, June 28, 2011)
440. In addition to Section 5.2.1, 9.3.3 c), 9.3.3 e), 9.3.3 k) for those lands zoned
Prestige Business Park (M3) Zone, identified on Maps 1256, 1257, 1309 and 1310
of Schedule "A" - Zoning Maps, and described as 1047-1049 Barton Street, the
following special provisions shall also apply:
a.
In addition to Section 5.2.1, the following shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-279
i)
Loading Spaces shall not be permitted on any west elevation of a
building on 1047-1049 Barton Street that faces the eastern lot line of
1023 Barton Street, 320, 324, 328, 332, 336, 340 and 344 McNeilly
Road, except where separated by another building; and,
ii)
Notwithstanding i) above, should a loading space be located within
40.0 metres of the eastern lot line of 1023 Barton Street, 320, 324,
328, 332, 336, 340 and 344 McNeilly Road, the following shall apply:
1.
The loading space shall be limited to a maximum length of
10.0 metres; and,
2.
Shall be screened from the above noted property line by a
noise attenuation wall attached to the building equal in length
to the loading space.
b.
In addition to Section 9.3.3 the following shall also apply:
i)
Minimum Yard abutting any portion of a property line of the properties
known as 1023 Barton Street, 320, 324, 328, 332, 336, 340 and 344
McNeilly Road shall be 9.0 metres within which no parking shall be
located.
c.
In addition to Section 9.3.3 e) the following shall also apply:
i)
No portion of a building or structure abutting 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 shall be used for
Manufacturing within a setback of 28.0 metres.
d.
Notwithstanding Section 4.19 and 9.3.3 j) a minimum 1.8 metre to a
maximum 3.0 metre berm and solid wall or fence shall be provided within
9.0 metres of the eastern lot line of 1023 Barton Street, 320, 324, 328, 332,
336, 340 and 344 McNeilly Road.
(By-law 10-128, June, 28, 2011)
441. In addition to Section 9.3.1 and notwithstanding Section 9.3.2, on those lands
zoned Prestige Business Park (M3) Zone, identified on Maps 1634, 1676 and 1677
of Schedule "A" - Zoning Maps and described as 899 Nebo Road, a rock crushing
and concrete crushing operation shall be permitted only as an accessory use to a
Waste Processing Facility.
(By-law 11-276, November 16, 2011)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-280
442. Notwithstanding Section 6.2, on those lands zoned Downtown Mixed Use -
Pedestrian Focus (D2) Zone, identified on Maps 867 and 868 of Schedule "A" -
Zoning Maps, and described as:
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within the Downtown Mixed Use - Pedestrian Focus (D2) Zone
Property Address
Map Number
Part of 271 Bay Street North
868
Part of 128 Barton Street West
868
239, 259 Caroline Street North, 175
Stuart Street
868
249 Hess Street North
868
Part of 242 Queen Street North
868
Part 243, 245 Queen Street North
867, 868
107 Stuart Street
868
Part of 232 Stuart Street
867, 868
26 Tiffany Street
868
28 Tiffany Street
868
30 Tiffany Street
868
32, 36 Tiffany Street
868
The following provisions shall apply:
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within the Downtown Mixed Use - Pedestrian Focus (D2) 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 following prescribed
regulation.
a)
PERMITTED USES
Artist Studio
Commercial Entertainment
Commercial Parking Facility
Commercial Recreation
Commercial School
Conference or Convention Centre
Craftsperson Shop
Financial Establishment
Medical Clinic
Office
Personal Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-281
Performing Arts Theatre
Production Studio
Recreation
Restaurant
Retail
Tradesperson's Shop
b)
RESTRICTED USES
i) In addition to Section a) PERMITTED
USES the following uses shall only be
permitted in accordance Section c)
and
the
following
additional
restrictions:
A) Commercial Parking
Facility
1) Shall only be contained within a
building; and,
2) With the exception of an access
driveway to the parking facility, the
ground floor of the facility which
faces any street shall only be used
for uses listed in Section a), other
than parking.
B) Production Studio
1) The soundstage/warehousing
associated with a Production
Studio shall only be permitted in
conjunction with office and retail
use(s).
2)
The
soundstage/warehousing
associated with a Production
Studio shall only be contained
within the building of the site.
C) Permitted Uses in the portion of
the Building abutting the Street
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-282
Notwithstanding Section a), the
portion of the building(s) that is
within the minimum and maximum
building setback from a street line
shall be limited to the following
uses:
Artist Studio
Commercial Entertainment
Commercial Recreation
Commercial School
Craftsperson Shop
Financial Establishment
Medical Clinic
Office
Personal Services
Performing Arts Theatre
Production Studio
Recreation
Restaurant
Retail
c)
PROHIBITED USES
i) Notwithstanding Section a), the
following uses are prohibited even as
an accessory use:
Dwelling Unit(s)
Drive-Through Facility
Hotel
ii) Notwithstanding Section a), the
following uses are prohibited except
as an accessory use:
Garden Centre
Dry Cleaning Plant
iii) Notwithstanding Subsection a), a
Production Studio shall be prohibited
on the following properties:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-283
271 Bay Street North
107 Stuart Street
26 Tiffany Street
28 Tiffany Street
30 Tiffany Street
32, 36 Tiffany Street
d)
REGULATIONS
i) Building Setback from a
Street Line
A) Minimum 3.0 metres; and,
B) Maximum 4.5 metres.
C) Clause d)i)A) shall not apply for any
portion of a building that exceeds
the requirement of Clause d)ix)A).
ii)
Minimum Rear Yard
6.0 metres abutting a Residential Zone
property line;
iii)
Minimum
Interior
Side
Yard
3.0 metres abutting a Residential
Zone property line;
iv)
Maximum Building Height
15.0 metres;
v)
Maximum Gross Floor
Area for each Retail Unit
6,000 square metres;
vi)
Maximum Lot Coverage
for Retail Uses
20 percent;
vii)
Maximum Floor Area
Ratio for Retail Uses
0.2;
viii) Maximum Gross Floor
Area for Office Uses
within each Building
3,000 square metres;
ix)
Built Form for New
Development
In the case of buildings constructed or
alterations to the exterior of existing
buildings, excluding any alterations to
façade, fenestration or doors, after the
effective date of this Bylaw:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-284
A) For an interior lot, corner 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
25%
of
the
measurement of the front lot line
and
shall
exclude
access
driveways and lands within a
required yard.
B) No parking, driveways or aisles
shall
be
located
between
a
building façade and the public
street.
C) A minimum of one principal
entrance shall be provided:
1) within the ground floor façade
that is set back is closest to a
street; and,
2) shall be accessible from the
building façade with direct
access
from
the
public
sidewalk; and,
3) A walkway shall be permitted
in a Planting Strip where
required by the Bylaw.
x)
Maximum
Gross
Floor
Area for Soundstage/
Warehouse associated
with a Production Studio
2,000 square metres
xi)
Minimum
Gross
Floor
Area of Permitted Uses in
Conjunction
with
the
Soundstage/Warehouse
associated
with
a
Production Studio
For every 1.0 square metres of gross
floor
area
dedicated
to
a
soundstage/warehousing associated
with a Production Studio, a minimum of
1.0 square metres of gross floor area
must be dedicated to any use identified
in Subsection a).
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-285
xii)
Minimum
Distance
of
soundstage/warehousing
associated
with
a
Production Studio from a
Public Street
The
soundstage/warehousing
associated with a Production Studio
shall be no closer than 40.0 metres
from a Downtown Multiple Residential
(D6) Zone.
xiii) Visual Barrier
Requirements
A visual barrier is required along any
yard abutting a Downtown Residential
(D5) or Downtown Multiple Residential
(D6) Zone, except where a building is
located or the area used for an access
driveway, in accordance with Section
4.19 of this By-law.
xiv) Outdoor Storage
A) No outdoor storage of goods,
material or equipment shall be
permitted.
B) Notwithstanding Clause xi) A), the
display of goods or materials shall
be permitted.
xv)
Accessory Buildings
In accordance with the requirements of
Section 4.8 of this By-law.
xvi) Parking
A)
In
accordance
with
the
requirements of Section 5 of this
By-law.
B) Notwithstanding Subsection
5.1a)v)a), parking spaces and
aisles, giving direct access to
abutting
parking
spaces,
excluding driveways extending
directly from the street, shall not
be located within 4.0 metres of a
street line.
C) Notwithstanding Subsection
5.1a)v)b), a 4.0 metre wide
planting strip and visual barrier
being required and permanently
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-286
maintained between the street line
and the parking spaces or aisle.
(By-law 19-066, April 10, 2019)
(By-law No. 24-137, July 12, 2024)
443. Notwithstanding Section 6.6, on those lands zoned Downtown Multiple Residential
(D6) Zone, identified on Maps 867 and 868 of Schedule "A" - Zoning Maps, the
following special provisions shall apply:
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within the Downtown Multiple Residential (D6) 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 following prescribed regulations:
a)
PERMITTED USES
Residential
Multiple Dwelling
Home Business
Commercial
The following commercial uses shall
only be permitted as part of a mixed-
use building where the Commercial
uses are contained jointly with
residential uses in the same building
or structure:
Child Care Centre
Commercial Entertainment
Commercial Recreation
Commercial School
Conference or Convention Centre
Craftsperson Shop
Financial Establishment
Medical Clinic
Office
Personal Service
Recreation
Repair Service
Restaurant
Retail
Studio
Tradesperson's Shop
Veterinary Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-287
b)
PROHIBITED USES
Notwithstanding
a)
above,
the
following uses are prohibited, even as
an accessory use:
Drive Through Facility
Garden Centre
Hotel
Dry Cleaning Plant
c)
REGULATIONS
i) Restriction of Commercial
Uses permitted as part of a
mixed use building
A) Commercial uses shall only be
permitted on the ground floor;
B) The gross floor area of the
Commercial uses shall not
exceed the gross floor area of
the Residential uses; and,
C) Pedestrian
access
to
any
Residential
use
shall
be
completely segregated from
any Commercial use.
ii) Minimum Side Yard
3.0 metres;
iii) Minimum Rear Yard
6.0 metres;
iv) Density Requirements for
Multiple Dwellings
Maximum 150 units per hectare;
v) Maximum Floor Area Ratio
0.6;
vi) Built
Form
for
New
Development
In the case of buildings constructed
or alterations to existing buildings
after the effective date of this By-
law:
A) The minimum width of the
ground floor façade shall be
equal to 25% or more of the
measurement of any street line
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-288
and shall be subject to the
following:
1)
A
minimum
building
setback of 3.0 metres;
and,
2)
A
maximum
building
setback of 4.5 metres;
and,
3)
Where
a
building(s)
exists
on
a
lot
in
conformity with A)1) and
A)2) above, with a ground
floor façade being equal
to 25% or more of the
measurement
of
any
street line, section 2)
above shall not apply to
any
additional
buildings(s); and,
4)
All principle entrances
shall be accessible from
the building façade with
direct access from the
public sidewalk; and,
5)
No parking, driveways or
aisles shall be located
between
a
building
façade and the public
street.
vii) Building Height
A) Minimum 7.5 metres and 2
storeys; and,
B) Maximum 15.0 metres.
viii) Visual Barrier Requirements A visual barrier is required along
any yard abutting a (D5) Zone,
except where a building is located
or the area used for any access
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-289
driveway,
in
accordance
with
Section 4.19 of this By-law.
ix) Outdoor Storage
A) No outdoor storage of goods
materials or equipment shall be
permitted.
B) Notwithstanding A) above, the
display of goods or materials
for retail purposes shall be
permitted.
xi) Accessory Buildings
In
accordance
with
the
requirements of Section 4.8.1 of this
By-law.
xi) Parking
In
accordance
with
the
requirements of Section 5 of this By-
law.
(By-law 12-164, June 26, 2012)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
444. Notwithstanding Section 6.5.1, 6.5.2.1 f), 6.5.2.2 f), 6.5.2.3 f), 6.5.2.4, 6.5.2.5, on
those lands zoned Downtown Residential (D5) Zone, identified on Map 868 of
Schedule "A" - Zoning Maps, the following special provisions shall apply:
a)
PERMITTED USES
Single Detached Dwelling
Semi Detached Dwelling
Street Townhouse Dwelling
b)
SINGLE
DETACHED
DWELLING
REGULATIONS
i) Maximum Building Height
11.25 metres;
c)
SEMI-DETACHED
DWELLING
REGULATIONS
i) Maximum Building Height
11.25 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-290
d)
STREET
TOWNHOUSE
DWELLING
REGULATIONS
i) Maximum Building Height
11.25 metres;
(By-law 12-164, June 26, 2012)
445. Notwithstanding Section 3, as it relate to the definition of "Grade", Section 4.6(d),
6.6 of this By-law, on those lands zoned Downtown Multiple Residential (D6) Zone,
as identified on Map No. 868 of Schedule "A" - Zoning Maps and legally described
as Part of Lot 3 and All of Lots 4, 5, 6, and 7, Block 30, Registered Plan 127 in the
City of Hamilton. Designated as Parts 3, 4, 5, 6, 7, 8 on Plan 62R-19307; and, as
shown on Figure 16 of Schedule "F" - Special Figures, the following special
provisions shall apply:
a)
For the purposes of Special Exception No. 445, "Grade" shall mean the
average level of the proposed or finished ground of the Bay Street elevation.
No person shall erect, or use any building in whole or in part, or use any land in
whole or in part, within the Downtown Multiple Residential (D6) 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 following prescribed regulations:
b)
PERMITTED USES
Residential
Multiple Dwelling
Home Business
Commercial
The following commercial uses shall
only be permitted as part of a mixed
use building where the Commercial
uses are contained jointly with
residential
uses
in
the
same
building or structure:
Child Care Centre
Commercial Entertainment
Commercial Recreation
Commercial School
Conference or Convention Centre
Craftsperson Shop
Financial Establishment
Medical Clinic
Office
Personal Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-291
Recreation
Repair Service
Restaurant
Retail
Studio
Tradesperson's Shop
Veterinary Service
c)
PROHIBITED USES
Notwithstanding
b)
above,
the
following uses are prohibited, even
as an accessory use:
Drive Through Facility
Garden Centre
Hotel
Dry Cleaning Plant
d)
REGULATIONS
i) Restriction of Commercial
Uses permitted as part of a
mixed use building
A) Commercial uses shall only be
permitted on the ground floor;
B) The gross floor area of the
Commercial uses shall not
exceed the gross floor area of
the Residential uses; and,
C) Pedestrian
access
to
any
Residential
use
shall
be
completely segregated from
any Commercial use.
ii) Building Setback from a
Street Line
A) Maximum 4.5 metres, except;
B) Where a visibility triangle shall
be provided for a driveway
access;
C) Notwithstanding A) above, the
following
regulations
shall
apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-292
1.
Where the ground floor is
used
for
residential
purposes the minimum
setback
shall
be
3.0
metres;
2.
Minimum setback shall be
6.5 metres for the fourth to
eighth storeys; and,
3.
Minimum 6.0 metres for
that portion of a building
providing
an
access
driveway to a garage.
iii) Minimum Southerly Side
Yard
A) 4.5 metres; and,
B) 6.5 metres for the fifth to eighth
storeys.
iv) Minimum Northerly Side
Yard
A) 7.0 metres, and,
B) 9.0 metres for the fifth to eight
storeys.
v) Building Height
A) Where the ground floor is used
for commercial purposes:
1. Minimum 8.3 metres and
two storeys;
2. Minimum 4.5 metres for the
first storey; and
3. Maximum 30.8 metres and
eight storeys.
B) Where the ground floor is used
for residential purposes:
1. Minimum 11.3 metres and
three storeys;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-293
2. Minimum 3.8 metres for the
first storey; and,
3. Maximum 30.0 metres and
eight storeys.
vi) Density Requirements for
Multiple Dwellings
Maximum 300 units per hectare.
vii) Built form for New
Development
In the case of buildings constructed
or alterations to existing buildings
after the effective date of this By-
law:
A) The minimum width of the
ground floor façade shall be
equal to 25% or more of the
measurement of the front lot
line and shall be subject to the
following:
1. Where a building(s) exists
on a lot in conformity with
d) ii) above, with a ground
floor façade being equal to
25%
or
more
of
the
measurement of any street
line, section A) above shall
not apply to any additional
building(s); and,
2. All principle entrances shall
be accessible from the
building façade with direct
access from the public
sidewalk; and,
3. No parking, driveways or
aisles shall be located
between a building façade
and the public street.
viii) Planting Strip Requirements Where a property line abuts a
property line within a Downtown
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-294
Residential
D5
Zone,
or
a
Downtown Multiple Residential D6
Zone a minimum 3.0 metre wide
Planting Strip shall be provided and
maintained.
ix) Visual Barrier Requirements A visual barrier is required along
any yard abutting a Downtown
Residential
(D5)
Zone,
except
where a building is located or the
area used for any access driveway,
in accordance with Section 4.19 of
this By-law.
x) Outdoor Storage
A) No outdoor storage of goods,
materials or equipment shall be
permitted.
B) Notwithstanding A) above, the
display of goods or materials
for retail purposes shall be
permitted.
xi) Permitted Yard
Encroachments
A porch, deck or canopy may
encroach into any required yard to a
maximum of 1.8 metres, or to a
maximum of half the distance of the
required yard.
xii) Accessory Buildings
In
accordance
with
the
requirements of Section 4.8.1 of this
By-law.
xiii) Parking
In
accordance
with
the
requirements of Section 5 of this By-
law.
xiv) Amenity Area Restriction
Outdoor
amenity
areas
are
prohibited in the rear yard and
northerly side yard.
(By-law 12-164, June 26, 2012)
(By-law No. 23-079, May 10, 2023)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-295
446. Within the lands zoned Neighourhood Commercial (C2, 446, H108) Zone,
identified on Map No. 820 of Schedule "A" - Zoning Maps and described as 211
York Road, the following special requirements shall apply:
a)
In addition to Section 10.2.1, and notwithstanding Section 10.2.1.1 ii),
Dwelling Units may be permitted on the ground floor of the existing
building provided there is a minimum of 650 square metres of ground floor
commercial use.;
b)
Notwithstanding Subsections 4.8 b), 10.2.3 a), b), c), d), and e), the
location and height of the principal building or accessory buildings and any
other such lot conditions existing on the date of passing of this By-law
shall be deemed to conform.
c)
Notwithstanding Subsection 5.1 a), v), parking spaces and aisles, giving
direct access to abutting parking spaces, excluding driveways extending
directly from the street, shall be subject to the following:
i)
Shall not be located within 2.5 metres of a street line;
ii)
Shall provide a 2.5 metre wide planting strip being required and
permanently maintained between the street line and the said parking s
paces or aisle; and,
iii)
Where a Planting Strip is provided, as per ii) above, any architectural wall
or feature within the Planting Strip shall be limited to a maximum height of
0.6 metres.
d)
Notwithstanding Subsection 10.2.3 k), a visual barrier that consists of a fence or
wall along the western property line measuring 63.7 metres shall not be located
within 1.36 metres of a street line. All other requirements of Section 4.19 shall
apply.
(By-law No. 23-131, July 14, 2023)
447. Notwithstanding Sections 9.6.1, 9.6.2 and 9.6.3 of this By-law, on those lands
zoned Light Industrial (M6) Zone, as identified on Map Nos. 958 and 959 of
Schedule "A" - Zoning Maps, and described as 586 Beach Road (Hamilton), the
following special requirements shall apply:
(a)
A Salvage Yard, only in conjunction with the existing Salvage Yard at 610
Beach Road, shall also be permitted;
(b)
An acoustical noise barrier fence of a height of 5.0m shall be provided and
maintained along the westerly side lot line that measures 74.98m in length.
This fence shall be setback a minimum of 5.0m from this property line. A
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-296
landscaped berm shall be provided and maintained between the fence and
the property line.
(c)
A 5.0m high acoustical noise barrier fence or berm, or combination of
acoustical noise barrier fence and berm, shall be provided and maintained
along the northerly side lot line that measures 44.5m in length; and,
(d)
The lands located within 55m of the westerly side lot line that measures
74.98m in length shall only be used for the storage of finished sorted
product, and no processing activity shall be permitted in this area.
(By-law No. 12-287, December 12, 2012)
448. Notwithstanding Sections 9.6.1 and 9.6.2 of this By-law, on those lands zoned
Light Industrial (M6,448) Zone, as identified on Map No. 1002 of Schedule "A" -
Zoning Maps, and described as 440 Rennie Street (Hamilton), a Waste
Management Facility shall be permitted in conjunction with the existing Waste
Management Facility at 464 Rennie Street.
(By-law 12-131, June 13, 2012)
449. That notwithstanding Sections 8.3.1, 8.3.2.1(b), 8.3.2.1(c), 5.1(v)(a), 5.1(v)(b),
5.1(d)(i), and 4.6 of this By-law, on those lands zoned Major Institutional (13) Zone,
on Map 1249 of Schedule "A" - Zoning Maps and described as 135 and 137 King
Street East and 42 Passmore Street (Stoney Creek), the following regulations shall
also apply:
(a)
In conjunction with and attached to a use permitted in the Major Institutional
(13) Zone, a maximum 93 square metre restaurant and a maximum of 300
square metres of offices shall also be permitted;
(b)
A minimum northerly and easterly side yard of 6.0 metres; a minimum
westerly side yard of 4.5 metres; and a minimum southerly side yard of 5.0
metres shall be provided and maintained;
(c)
One parking space off King Street East is permitted within 3.0 metres of a
street line separated from the street line by a minimum 2.0 metre wide
planting strip;
(d)
For the portion of the building abutting Passmore Street, a minimum of 37.0
metres of the facade length shall be a maximum of 1-storey in height; and,
(e)
A pergola may encroach into a rear yard.
(By-law 12-181, August 16, 2012)
450. Notwithstanding Section 7, 5.1 of this By-law, within the lands zoned
Conservation/Hazard Land (P5) Zone, identified on Map No. 817 of Schedule "A"
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-297
to By-law 05-200, and described as 24 Brock Street North, the following shall
apply:
a)
PERMITTED USES
Only the following use shall be permitted:
(i)
Conservation
(By-law No. 13-301, OMB Approval on November 22, 2013)
451. Notwithstanding Sections 6.2.3 of this By-law, within the lands zoned Downtown
Prime Retail Streets (D2, 451) Zone, identified on Maps 910 and 911 of Schedule
"A" - Zoning Maps, and described as 108 James Street North and 111 and 115
Hughson Street North, and as further detailed and informed through attached
Concept Plan (Schedule "F" - Figure 17), the following special provisions shall
apply:
a)
PERMITTED USES i)
Notwithstanding Subsection 6.2.1
Permitted uses:
a)
A theatre within the building
existing at the time of the passing
of this by-law shall be the only
permitted use on the lands
identified as 111 Hughson Street
North.
b)
A 106 unit multiple dwelling and
associated commercial uses in
accordance with Subsection 6.2.1
shall be permitted on lands
identified as 108 James Street
North only in conjunction with,
and accessory to, the existing
theatre auditorium located on
lands identified as 111 Hughson
Street North.
c)
For the lands identified as 115
Hughson
Street
North,
uses
within Subsection 6.2.1 shall be
permitted only within the building
existing at the time of the passing
of this by-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-298
ii)
That a maximum of 106 residential units
are permitted on lands identified as 108
James Street North.
b)
REGULATIONS
a)
Minimum Setback
i)
0.0 metres for the first three storeys and
from a Street Line
3.0 metres at the 4th to the 22nd storey
on lands identified as 108 James Street
North.
ii)
The existing setbacks for the buildings
identified as 111 and 115 Hughson
Street North, existing at the time of the
passing of this by-law, shall be permitted
and maintained.
b)
Building Height
Notwithstanding Section 6.2.3 c) ii) the
following shall apply:
i)
A Maximum building height of 76 metres
shall be permitted for lands identified as
108 James Street North.
ii)
The existing height for the buildings
identified as 111 and 115 Hughson
Street North, existing at the time of this
by-law,
shall
be
permitted
and
maintained.
c)
Built Form for
Notwithstanding Section 6.2.3 c)iii)1., 2, .3.
New Development
and 4, the following shall apply:
i)
Minimum of 70% of the ground floor
façade along James Street North shall
be composed of windows and doors.
ii)
Minimum of 0% of the ground floor
façade along Hughson Street North shall
be composed of windows and doors.
iii)
Minimum of 60% of the second and 60%
of the third storey façades along James
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-299
Street North shall be composed of
windows.
iv)
Minimum of 0% of the second and 0% of
the third storey façades along Hughson
Street North shall be composed of
windows.
v)
Minimum of 20% of the north and south
elevations from the 4th to 22nd storeys for
the lands identified as 108 James Street
North, shall be composed of windows
and glazing and which shall include the
transparent material used to enclose the
external fire escape.
vi)
The ground floor storey along James
Street North shall be no less than 3.6
metres in height and no greater than 6.0
metres in height.
vii)
The second and third storeys along
James Street North shall each be no less
than 3.0 metres in height and no greater
than 5 metres in height.
d)
Parking
i)
In addition to Section 5.2 Design
Standards a parking stacking system
shall be permitted. For the purpose of
this By-law, a parking stacker shall be
defined as a mechanical motor vehicle
parking facility which:
1.
Are positioned above each other.
2.
Have dimensions of not less than
2.6 metres in width and 5.6 metres
in length; and,
3.
May not be readily accessible at all
times without manoeuvring another
vehicle or a device.
ii)
Notwithstanding Subsection 5.5 Barrier
Free Parking, a minimum of 1 barrier
free parking spaces shall be required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
December 15, 2020
C-300
iii)
Notwithstanding
Subsection
5.6a)i
Parking
Schedules,
parking
for
a
Multiple Dwelling within a mixed-use
building shall be provided on the basis of
a minimum of 0.5 parking spaces for
each dwelling unit.
iv)
Notwithstanding Subsection 5.6a)iv, no
parking shall be required for commercial
uses within lands identified as 108
James Street North, 111 Hughson Street
North or 115 Hughson Street North.
e)
Restriction of uses
i)
Notwithstanding 6.2e) i) a commercial
within a building
entertainment use shall be permitted
within the first 3 storeys.
f)
Location of
Notwithstanding Section 4.20 c) i) an Outdoor
Patio
Outdoor Commercial Patio is permitted
fronting onto James Street North.
g)
Front Lot Line
For the purposes of this By-law, the James
Street North Lot Line is to be considered the
Front Lot Line.
(By-law No. 15-188, August 14, 2015)
(By-law No. 22-084, April 13, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-301
452. Within the lands zoned Conservation/Hazard Land (P5, 452) Zone,
identified on Maps 1354 and 1406 of Schedule "A" and described as 601
Upper Centennial Parkway, the following special provisions shall apply:
Notwithstanding Section 7.5.1, the following shall apply:
One private access for the purposes of servicing and a road/pedestrian
crossing, which includes a bridge from the residential development located
at 601 Upper Centennial Parkway to Street "G" of the approved "Victory
Ridge" Draft Plan of Subdivision, the specific location and alignment shall
be determined by the Senior Director of Growth Management in
consultation with the Hamilton Conservation Authority.
(By-law No. 13-210, August 16, 2013)
453. Notwithstanding Section 8.2.1 of this By-law, within the lands zoned
Community Institutional (12) Zone, identified on Map No. 996 of Schedule
"A", and known as 22 - 24 Emerald Street South, Hamilton, a Corrections
Residence, having a maximum capacity of 36 residents, shall be permitted
in conjunction with a Social Services Establishment, subject to the following
special provisions:
(a)
That the Social Services Establishment shall have a maximum floor
area of 391 sq.m., restricted to the ground floor, and be limited to
serving a maximum of 12 individuals at any one time who do not
reside on the premises;
(b)
That notwithstanding Section 8.2.3.1 (a) of this By-law, the minimum
lot width shall be 25.9m;
(c)
That notwithstanding Section 8.2.3.1 (c) of this By-law, the minimum
northerly side yard shall be 0.29m;
(d)
That notwithstanding Section 8.2.3.1 (c) of this By-law, the minimum
southerly side yard shall be 3.18m;
(e)
That notwithstanding Section 8.2.3.1 (e) of this By-law, the
maximum building height shall be 14.02m;
(f)
That notwithstanding Section 8.2.3.1 (h) of this By-law, a minimum
radial separation distance between a Corrections Residence and a
Residential Care Facility of 137m shall be permitted; and,
(g)
That notwithstanding Section 5.6 (c) (i) and (ii) of this By-law, the
minimum required number of parking spaces shall be seven (7).
(By-law No. 13-269, October 23, 2013)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-302
454. Within the lands zoned Business Park Support (M4, 454) Zone, identified
on Map 1452 of Schedule "A" and described as 211 Pritchard Road, the
following special provisions shall apply:
In addition to Section 9.4.1, the following uses shall also apply:
Computer, Electronic and Data Processing Establishment
Equipment and Machinery Sales, Rental and Service Establishment
Household Furniture and Appliances Sales, Service and Repair
Social Services Establishment
Notwithstanding Section 9.4.3, Paragraphs b)ii), g), h), and k) i), ii), and iii),
the following shall apply:
b)
Yard Abutting a Street:
ii)
Maximum 45.0m.
g)
Maximum Gross Floor
Shall be limited to a combined
Area for Medical Clinic:
total of 3,700 sq. m.
h)
Gross Floor Area
Maximum Gross Floor Area for
for Office Use:
Office Use within an individual
building, excluding accessory
office, shall be limited to 3,300
square metres.
k)
Landscape Area and
i)
A minimum 1.0m wide
Planting Strip
landscape area/planting
Requirements:
strip shall be provided and
maintained
abutting
a
portion of the Pritchard
Road lot line from the
northerly lot line to the 1.8m
wide sidewalk to the south;
and,
A minimum 1.0m wide
landscape
area/planting
strip shall be provided and
maintained
abutting
the
Lincoln
Alexander
Parkway.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-303
ii)
A minimum 1.0m wide
landscape
area/planting
strip shall be required and
maintained
between
parking spaces, aisles, or
driveways, and a street
along a portion of the
Pritchard Road lot line from
the northerly lot line to the
1.8m wide sidewalk to the
south; and,
A minimum 1.0m wide
landscape
area/planting
strip shall be required and
maintained
between
parking spaces, aisles, or
driveways, and a street
along
the
Lincoln
Alexander Parkway right-
of-way.
iii)
One
Sign
shall
be
permitted
within
the
required landscape area.
Notwithstanding Section 5 a) v) of the Parking Provisions, the following
shall apply:
a)
Parking spaces and aisles,
a)
Shall not be located within
giving direct access to
1.0m of a street line.
abutting parking spaces
excluding driveways
b)
Shall provide a 1.0m wide
extending directly from the
planting strip abutting a
street, shall be subject to
portion of the Pritchard
the following:
Road lot line from the
northerly lot line to the 1.8m
wide sidewalk to the south,
the lands further south of
the walkway shall provide
an average landscape area
of 6.0m, of which 3.0m
shall be plantings.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-304
c)
Shall provide a 1.0m wide
planting strip along the
Lincoln Alexander Parkway
right-of-way.
d)
Shall provide a 1.5m wide
planting strip for all other lot
lines.
(By-law No. 13-161, October 23, 2013)
455. Within the lands zoned Open Space and Parks (P4-455) Zone, identified
on Map 415 of Schedule "A", and described as part of 392 Dundas Street
East, being Block 2 on Schedule "A" of this By-law, the following special
provision shall apply:
a)
In addition to the uses permitted within Section 4.4 and Section 7.4
of By-law 05-200, the subject property shall also be permitted to be
used for a municipal water tower.
(By-law No. 13-246, October 9, 2013)
456. Within the lands zoned Community Institutional (I2) Zone, identified on Map
995 of Schedule "A" - Zoning Maps and described as 121 Augusta Street,
the following special provisions shall apply:
a)
Notwithstanding Section 3, a Social Services Establishment may
include overnight accommodation.
b)
In addition to Subsection 5.2 b) i), a maximum of three parking
spaces may be a minimum of 5.2 metres in length.
c)
Notwithstanding Subsection 5.6 c), a minimum of 15 parking spaces
shall be provided.
d)
In addition to Subsection 8.2.1, an Office shall be permitted within
the building existing on May 13, 1995.
e)
In addition to Subsection 8.2.3.1, the maximum capacity for a Social
Services Establishment shall not exceed eight (8) residents.
f)
In addition to Subsection 8.2.3.1 and notwithstanding Subsection
4.19, a Visual Barrier with a minimum height of 1.0 metre shall be
provided and maintained along the easterly lot line adjoining the
parking area.
(By-law No. 18-219, August 17, 2018)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-305
457. Within the lands zoned Community Institutional (I2, 457) Zone, identified
on Map No. 1344 of Schedule "A" - Zoning Maps and described as 299,
307 and 325 Fiddlers Green Road, Ancaster, the following special
provisions shall apply:
a) Notwithstanding Section 8.2.3.1 b), c), d), e), f) and g) the following
regulations shall apply:
i)
Minimum Front Yard
A)
6.0 metres for the lands
included in Block 1 of
Figure
No. 47 of Schedule "F" -
Special Figures.
B)
15.0 metres for the lands
included in Block 2 of
Figure
No. 47 of Schedule "F" -
Special Figures
ii)
Minimum Side Yard
A)
6.7 metres for a building
and 3.0 metres to an
underground
parking
garage from the side lot
line
measuring
68.6
metres
for
the
lands
included in Block 1 of
Figure No. 47 of Schedule
"F" - Special Figures
B)
23.8 metres from the side
lot line measuring 22.7
metres
for
the
lands
included in Block 2 of
Figure No. 47 of Schedule
"F" - Special Figures
C)
10.0 metres from the side
lot line measuring 30.5
metres
for
the
lands
included in Block 2 of
Figure No. 47 of Schedule
"F" - Special Figures
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-306
D)
7.5 metres from the side
lot line measuring 85.4
metres
for
the
lands
included in Block 2 of
Figure No. 47 of Schedule
"F" - Special Figures
iii) Minimum Rear Yard
12.0 metres for the lands
included in Block 2 of
Figure No. 47 of Schedule
"F" - Special Figures
iv) Maximum Building Height
A)
13.0 metres for the lands
included in Block 1 of
Figure No. 47 of Schedule
"F" - Special Figures
B)
9.5 metres for the lands
included in Block 2 of
Figure No. 47 of Schedule
"F" - Special Figures
v)
Minimum Landscaped Area
34% of the lot area
vi) Maximum Capacity for
Emergency Shelter,
Residential Care Facility and
Retirement Home
A total of 167 suites and
not
more
than
220
residents
b) In addition to Section 8.2.3.1, the following regulations shall also apply:
i)
Minimum Planting Strip
3.0
metres
along
northerly lot line with a
visual barrier consisting
of landscape materials
including trees, shrubs,
and/or hedges
ii) Maximum Lot Coverage
35%
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-307
c) Notwithstanding Section 5.2.1 a), the following regulation shall apply:
i)
Minimum Parking Space
Dimensions
2.6 metres in width and
5.5 metres in length
d) Notwithstanding Section 5.2.2 a), the following regulation shall apply:
i)
Minimum Accessible
Parking Space Width and
Accessibility Aisle
Requirements
A)
4.4 metres in width and
5.5 metres in length for
the lands
B)
Notwithstanding i) above
one accessible parking
space
shall
have
a
minimum width of 2.4
metres
and
minimum
length of 5.8 metres and
shall be accompanied by
an
unobstructed
accessibility aisle having
a minimum width of 1.5
metre
(By-law No. 14-043, July 16, 2015)
(By-law No. 26-026-OLT, September 15, 2025)
458. Notwithstanding Section 8.1 Neighbourhood Institutional (I1) Zone of this
By-law, in particular subsection 8.1.1 Permitted Uses, the use on the
subject lands shall be restricted to a child care centre.
(By-law No. 14-178, July 11, 2014)
(By-law No. 25-155, August 06, 2025)
459. Notwithstanding Sections 12.2.3.1 m), i) and ii) and 12.2.3.1 c), on those
lands zoned Rural (A2) Zone, identified on Map 61 of Schedule "A" -
Zoning Maps and described as part of 97 5th Concession Road East, the
following special provisions shall also apply:
a) A maximum gross floor area of 10,000 square metres shall be permitted
for all buildings and structures associated with a Cannabis Growing and
Harvesting Facility; and,
b) All buildings associated with a Cannabis Growing and Harvesting
Facility shall have a minimum side yard setback of 13.0 metres.
(By-law No. 15-173, July 10, 2015, As amended by OMB Decision PL150805 dated February
28, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-308
(By-law No. 18-266, September 12, 2018)
460. Notwithstanding Sections 9.2.1, 9.2.2, 9.2.3 (c), 9.3.1, 9.3.2, 9.3.3 (i), 5.1
(v) (b), and 5.2.1 (a) and (b) of this By-law, within the lands zoned Prestige
Business Park (M3) Zone, Modified, and General Business Park (M2)
Zone, Modified, identified on Maps 1202 and 1256 of Schedule "A" - Zoning
Maps and described as 950 and 956 South Service Road, the following
special provisions shall apply:
a.
The following uses shall also be permitted:
Brewery, beverage distillation, and the production of wine, cider and
related associated products, including ready-to- drink alcoholic
beverages, energy and sports drinks.
b.
Restriction on Uses:
A maximum of one brewery shall be
permitted on the lands subject to
Special Exception 460.
c.
Location of Loading Facilities
The loading door on the north
facade of the building existing at
the date of passing of this By-
law, on the lands located at 950
South Service Road, shall
be deemed to comply with
the provisions of Section 5.2.1.
d.
Landscaped Area
A minimum 6.0 m wide
landscaped
area
shall
be
provided between the street line
and parking spaces or aisles,
except for points of ingress and
egress. A row of trees and/or
shrub plantings, which may be
non-continuous,
shall
be
provided within the landscaped
area, but a Planting Strip as
defined is not required.
(By-law No. 14-268, September 24, 2014)
461. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map 1091 of Schedule "A" - Zoning
Maps to Zoning By-law 05- 200, and described as 55 Queenston Road, the
following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-309
a)
Notwithstanding Section 3: Definitions of this By-law, as it relates to
the Lot Line - Front Lot Line, the Queenston Road frontage shall be
deemed the front lot line.
b)
Notwithstanding Section 11.1 of this By-law, the following special
regulations shall apply:
No person shall erect, or use any building in whole or in part, or use
any land in whole or in part, within a Transit Oriented Corridor Mixed
Use Medium Density (TOC1) 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.
i)
Permitted Uses
Child Care Centre
Commercial Entertainment
Commercial Recreation
Commercial School
Craftsperson Shop
Educational Establishment
Financial Establishment
Hotel
Laboratory
Long Term Care Facility
Medical Clinic
Multiple Dwelling
Office
Personal Service
Place of Worship
Private Club or Lodge
Restaurant
Retail
Retirement Home
Social Services Establishment
Studio
Tradesperson's Shop
Transportation Depot
ii)
Prohibited Uses
Notwithstanding i) above, the following
uses are prohibited, even as an
accessory use:
Conference or Convention Centre
Drive-Through Facility
Dry Cleaning Plant
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-310
c)
REGULATIONS
i)
Building Setback
1.
Minimum 0.0 metres for
from a
1-3storeys;
Street Line
2.
Notwithstanding 1. above, a
minimum 1.5 metres for storeys 1-
3 along the westerly side lot line
and southerly rear lot line.
3.
Maximum 3.5 metres for storeys 1-
3; and,
4.
In addition to 1.-3. above,
minimum 2.0 metres, for 4-6
storeys.
5.
In addition to 1.-4. Above,
minimum
5.0
metres
for
7-8
storeys.
ii)
Building Height
1.
Minimum 7.5 metres;
2.
In addition to 1. above, minimum
8.5 metres facade height, for any
portion of a building along a street
line; and,
3.
Maximum 30 metres.
iii)
Built Form for
1.
The minimum width of the
New Development
ground floor façade shall be equal
to
75%
or
more
of
the
measurement of the front lot line;
2.
The ground floor storey shall be 4.5
metres in height;
3.
All principal entrances shall be
accessible from the building facade
with direct access from the public
sidewalk; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-311
4.
No parking, driveways, or aisles
shall be located between a building
facade and a public street.
iv)
Restriction of
1.
A multiple dwelling shall only
Uses within a
be permitted above the ground
Building
floor, except for access, accessory
office and utility areas, for any
building fronting on Queenston
Road.
2.
Notwithstanding
1.
above,
a
Multiple
Dwelling
shall
be
permitted within any portion of
building facing a lot line other than
the front lot line.
v)
Parking
1.
In accordance with the
requirements of Section 5.6 a) of
this By-law; and,
2.
In addition to Section v) 1. above, 1
parking space shall be required for
each 30 square metres of gross
floor area of commercial uses not
listed in Section 5.6 a).
3.
In addition to 1. & 2.. above, 0.1
long term, secure bicycle parking
spaces shall be provided per
residential unit.
vi)
Planting Strip
Minimum 2.0 metre wide Planting Strip
shall
be
provided
and
maintained
between parking spaces, aisles or
driveways and a street, except for points
of ingress and egress
(By-law No. 14-267, September 24, 2014)
(By-law No. 18-219, August 17, 2018)
(By-law No. 19-062, March 27, 2019)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
462. In addition to any provisions to the contrary of Section 8.1.1 Permitted
Uses, and Section 8.1.3, Regulations, of Section 8.1, Neighbourhood
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-312
Institutional (I1) Zone, of By-law 05-200 (Hamilton), the following use and
special provisions shall apply to the lands zoned (I1,462):
Permitted Uses
A Retirement Home for a maximum of 48 residents which may include the
following ancillary uses:
Medical Offices
Hair Salon
Coffee Shop
Convenience Store
Pharmacy
A Place of Worship which may include a Community Centre
Community Centre shall mean a place for cultural activities and services
including but not limited to parties, banquets, dinners, weddings, religious
studies, recreation, cultural and language programs.
Provisions
In accordance with Section 8.1.3.1 with the following special provisions:
Maximum Building Coverage
30%
Minimum Rear Yard
3m
Maximum Building Height
4 storeys and 15.1metres
Maximum Capacity for Residential
48 residents
Care Facility and Retirement Home
Minimum Buffer
A minimum buffer of 3m shall be
provided
from
a
Conservation/Hazard Land (P5)
Zone.
Parking Facilities on Shared Site
Parking for the retirement home,
the ancillary commercial uses
and
for
the
place
of
worship/community centre shall
be shared, except for areas on
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-313
site where staff only parking is
required.
Parking for Places of Worship and
Parking for both uses shall be
Community Centre
based on the requirement of 1
space per 20 square metres of
gross floor area.
Parking for Commercial Uses
Parking shall be in accordance
with Section 5, By-law 05-200.
(By-law No. 14-343, December 3, 2014, OMB approval)
(By-law No. 21-189, October 13, 2021)
463. Notwithstanding Section 8.2.1, on those lands zoned Community
Institutional (I2) Zone, identified on Maps 1339, 1388 and 1391 of
Schedule "A" - Zoning Maps and described as No. 582 Southcote Road,
and Nos. 92-116 Glancaster Road, only the uses existing at the date of the
passing of this by-law shall be permitted.
(By-law No. 10-288, October 13, 2010/ By-law No. 15-118, April 10, 2015 - OMB approval)
464. Notwithstanding Section 12.2.3.3 b), for the lands located at 6266 Chippewa
Road, the minimum lot width shall be 13.72 m.
(By-law No. 19-257, October 23, 2019)
465. Within the lands zoned Prestige Business Park (M3, 465) Zone, identified
on Maps 1500 and 1501 of Schedule "A" and described as 406 Pritchard
Road, the following special provisions shall apply:
In addition to Section 9.3.1, the following uses shall also apply:
A private community centre, including a place of worship.
(By-law No. 14-296, September 24, 2014)
466. That Section 7.5, Conservation / Hazard Land (P5) Zone of Zoning By-law
No. 05-200, as amended, is hereby further amended by adding the
following Subsection: Permitted Uses
The following uses shall be permitted:
Conservation
Storm Water Management Facilities
An Underground Sanitary Pumping Station and By-pass Tank
(By-law No. 15-128, May 13, 2015)
467. In addition to Section 6.2.3 of this By-law, within the lands zoned Downtown
Mixed Use - Pedestrian Focus (D2, 467, H56) Holding Zone, identified on
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-314
Map 952 of Schedule "A" to By-law 05-200 and described as 98 James
Street South, the following special provisions shall apply:
a)
PERMITTED USES
i)
In addition to Subsection 6.2.1
Permitted Uses, a 259 unit
multiple dwelling is permitted
only in conjunction with the
existing structure.
ii)
That a maximum of 259 dwelling
units are permitted.
b)
REGULATIONS
a)
Maximum /
i)
Maximum 6.5 metres (Jackson
Minimum Building
Street)
Setback from a
Street Line
ii)
Minimum 14 metres from James
Street South for any portion of
the building in excess of 24
metres in height.
b)
Building Height
i)
Maximum building height of 106
metres.
c)
Built Form for New
i)
Minimum of 11% of the ground
Development
floor facade along James Street
South shall be composed of
windows and doors.
ii)
Minimum of 30% of the ground
floor
facade
along
Jackson
Street shall be composed of
windows and doors.
iii)
Maximum of 45% of the second
and third storey facades along
James Street South shall be
composed of windows.
iv)
Maximum of 62% of the second
and third storey facades along
Jackson
Street
shall
be
composed of windows.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-315
v)
The ground floor storey shall be
no less than 3.6 metres in height
and no greater than 7.4 metres
in height.
vi)
The second and third storeys
shall each be no less than 3.0
metres in height and no greater
than 6.6 metres in height.
d)
Parking
i)
In addition to Section 5.2
Design Standards a parking
stacking
system
shall
be
permitted. A parking stacking
system shall permit a parking
space that is positioned above or
below another parking space
and is accessed by means of an
elevating device.
ii)
Notwithstanding Subsection 5.5
Barrier Free Parking, a minimum
of 1 barrier free parking space
shall be required.
iii)
Notwithstanding Subsection
5.6a)i
Parking
Schedules,
parking for Multiple Dwelling
within a mixed-use building shall
be provided on the basis of a
minimum of 0.47 parking spaces
for each dwelling unit.
iv)
In addition to Subsection 5.6a)i
Parking
Schedules,
the
development shall provide a
minimum of 50 bicycle spaces.
(By-law No. 15-024, January 21, 2015)
(By-law No. 18-114, May 9, 2018)
(By-law No. 22-084, April 13, 2022)
468. Within the lands zoned Conservation / Hazard Land (P5, 468) Zone,
identified on Maps No. 1442 and 1443 of Schedule "A", Section 4.23 d)
shall not apply.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-316
(By-law 20-161, LPAT July 8, 2020)
469. In addition to Section 9.3 of this By-law, within the lands zoned Prestige
Business Park (M3, 469, H58) Holding Zone, Modified, identified on Map
515 of Schedule "A" to By-law 05-200 and described as 82 Parkside Drive,
the following special provisions shall apply:
a)
PERMITTED USES
In addition to Subsection 9.3.1
Permitted Uses, a motor vehicle car
washing establishment with accessory
pet washing bays and motor vehicle
vacuuming bays shall be permitted.
b)
REGULATIONS
i)
Minimum Lot Area
3,500 square metres
ii)
Parking
Notwithstanding Subsection 5.6 c) iv.
Parking Schedules, five (5) parking
spaces shall be provided for a motor
vehicle car washing establishment
with accessory pet washing bays and
motor vehicle vacuuming bays, having
a total maximum gross floor area of
715 square metres.
(By-law No. 15-183, August 14, 2015)
470
In addition to Sections 5.6(a) and 6.3.3 of this By-law, within the lands
zoned Downtown Mixed Use (D3, 470) Zone, as identified on Map No. 953
of Schedule "A" - Zoning Maps, and described as 220 Cannon Street East
(Hamilton), the following special provisions shall apply:
REGULATIONS
(a)
Building Height
i)
A minimum 6.4 metres façade
height, for any portion of a
building along Cathcart Street
that is 2-storeys in height shall
be provided and maintained
whereas a minimum 7.5 metres
façade height, for the remaining
portions of a building along
Cathcart Street and for any
portion of a building along
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-317
Cannon Street East shall be
provided and maintained.
ii)
A maximum building height of
38 metres shall be permitted.
(b)
Visual Barrier
i)
That a visual barrier shall not be
required along any lot line
abutting a Downtown Residential
(D5) Zone.
(c)
Parking
i)
Notwithstanding Subsection
5.6a)i,
Parking
Schedules,
parking for a Multiple Dwelling
within a Mixed Use Building shall
be provided on the basis of a
minimum of 0.64 parking spaces
for each dwelling unit, except
where a dwelling unit is 50
square metres in gross floor area
or less, in which case parking
shall be provided at a rate of 0.3
spaces for each such unit.
ii)
Notwithstanding Subsection
5.6a)i,
Parking
Schedules,
parking for a Retirement Home
shall be provided on the basis of
a minimum of 1 parking space for
each
3.1
persons
accommodated or designed for
accommodation.
(By-law No. 15-257, November 11, 2015)
471. In addition to Sections 9.3, and Exceptions 354 and 441 of Schedule 'C' of
this By-law, within the lands zoned Prestige Business Park (M3, 354, 441,
471, H61) Zone, Modified, identified on Maps 1634, 1676, and 1677 of
Schedule "A" - Zoning Maps and described as 899 Nebo Road, the
following special provisions shall apply:
(a)
PERMITTED USES
In addition to Subsection 9.3.1
Permitted uses and Exceptions
354 and 441 of Schedule 'C', a
Hazardous
Waste
Transfer
Facility on the same property with
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-318
an existing Waste Processing
Facility
and
Waste
Transfer
Facility shall also be permitted.
(b)
PROHIBITED USES
In addition to Subsection 9.3.2
Prohibited Uses, a Hazardous
Waste Processing Facility shall
also be prohibited.
(c)
REGULATIONS
i) Location Restrictions of
Hazardous Waste Transfer
Facility
Shall only be permitted within an
Enclosed building with a maximum
setback of 60 m from the rear lot line.
ii) Size Restriction of
Hazardous Waste
Transfer Facility
The maximum gross floor area for a
Hazardous Waste Transfer Facility
shall be 900 square metres, within
which a maximum of 49 square
metres containing a maximum 9 cells
shall be devoted to the temporary
storage of hazardous wastes.
(By-law No. 21-106-LPAT-03 September 25, 2015)
472
Notwithstanding Section 7.5.1 of Zoning By-law 05-200, on those lands
zoned Conservation/Hazard Lands (P5) Zone, identified on Map No. 482
of Schedule "A"- Zoning Maps the following special provision shall apply:
(a) Recreation, Passive shall be prohibited.
(By-law No. 16-135, OMB approval May 3, 2016)
473. Within the lands zoned Downtown Mixed Use - Pedestrian Focus (D2,
473) Zone, identified on Map 952 of Schedule "A to By-law 05-200 and
described as 46-52 James Street North, the following special provisions
shall apply:
Notwithstanding Sections 5.5, 5.6a) i., 6.2,3a) i), ii), and iv),6.2.3b) and
6.2.3c)ii)the following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-319
b) REGULATIONS
a) Building
Setback
From a Street
Line
i) Maximum 0 metres for the first
4 storeys from James Street
North;
ii) Minimum 3 metres from James
Street North for any portion of
the building in excess of 4
storeys in height and 12 metres
for any portion of the building in
excess of 18 storeys;
iii) Maximum 15.0 metres from
Rebecca Street for the first
storey;18.5 metres for the
second, third and fourth
storeys; and 24 metres for any
portion of the building in excess
of 4 storeys; and,
iv) Maximum 15 metres from
Rebecca Street for that portion
of the building providing an
access driveway to a garage.
b) Building
Height
i) Maximum building height shall
be 67 metres.
c) Parking
i) A minimum of 1 barrier free
parking space shall be
required.
ii) Parking for a Multiple Dwelling
within a mixed use building shall
be provided on the basis of:
2 Bedrooms Units or less with an
average gross floor area of 51.5
square metres or less
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-320
No. of
Units
Required
Parking Spaces
0-8
0
>9
0.3 per unit
More than 2 Bedroom Units
with an average gross floor
area greater than 51.5
square metres
No. of Units
Required
Parking Spaces
0-10
0
>11
0.66 per unit
iii) A minimum of 265 bicycle
parking spaces within the
building and a minimum of 19
bicycle parking spaces outside
the building.
d) Glazing
Requirements
above Fourth
Storey
A minimum of 30% and a maximum
of 70% of the entire building facade
for any portion of the building
above the fourth storey shall be
glazed.
e) Minimum
Building
Setback from
a Property
Line
Minimum 3.0 metres from the north
property line to the building, 4.0
metres from the south property line
and 3.7 metres from the east
property line to the building for any
portion of the building above the
fourth storey.
f) Width of a
Ground Floor
Facade
The minimum width of the ground
floor facade for any portion of a
building fronting onto Rebecca
Street shall be 50% of the
measurement of the front lot line.
(By-law No. 16-054, February 24, 2016)
(By-law 18-114, May 9, 2018)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-321
475.
Within the lands zoned Community Institutional (I2) Zone, Modified,
identified on Map 998 of Schedule "A" - Zoning Maps and described
as the South Stadium Precinct block bound by King Street East,
Melrose Avenue North, Cannon Street East and Balsam Avenue
North, the following special provisions shall apply:
a) Notwithstanding Section 4.16 a) of this By-law, the South
Stadium Precinct block shall be considered to be one
consolidated lot for the purpose of a joint development by the
City of Hamilton and the Hamilton-Wentworth District School
Board and the internal lot lines of the original lots shall not be
construed to be lot lines for the purposes of any zoning
regulations provided that all applicable regulations of this By-law
as amended relative to the consolidated lot development and its
external lot lines are complied with.
b) Parking facilities for a Secondary School and Recreation uses
located within the South Stadium Precinct block bound shall be
permitted at 60 Balsam Avenue North, notwithstanding Section
5.1 a) i) of this By-law, and notwithstanding the requirement
within Section 5.1 a) ii) that the lot to accommodate the parking
facilities (i.e. 60 Balsam Avenue North) is not situated in a
Commercial, Industrial, Downtown Zone or within the same zone
as the use requiring such parking. Section 5.1 a) iii) of this By-
law shall continue to apply.
c) Notwithstanding Sections 5.2.1 a) and 5.2.1 b) of this By-law,
loading doors and associated loading facilities shall be permitted
in a yard abutting a street and subject to Site Plan Approval.
d) The Permitted Uses listed in Section 8.2.1 of this By-law shall be
Permitted Uses, excluding Duplex Dwelling, Semi-Detached
Dwelling, Single Detached Dwelling and Street Townhouse
Dwelling.
(By-law No. 16-120, April 27, 2016)
476.
Within the lands zoned Neighbourhood Institutional (I1) Zone, Modified,
identified on Map 998 of Schedule "A" - Zoning Maps and described as
60 Balsam Avenue North, the following special provision shall apply:
Parking facilities for a Secondary School and Recreation uses located
within the South Stadium Precinct block bound by King Street East,
Melrose Avenue North, Cannon Street East and Balsam Avenue North
shall be permitted at 60 Balsam Avenue North, notwithstanding Section
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-322
5.1 a) i) of this By-law, and notwithstanding the requirement within Section
5.1 a) ii) that the lot to accommodate the parking facilities (i.e. 60 Balsam
Avenue North) is not situated in a Commercial, Industrial, Downtown Zone
or within the same zone as the use requiring such parking. Section 5.1
a) iii) of this By-law shall continue to apply.
(By-law No. 16-120, April 27, 2016)
477.
In addition to Section 8.2.3.3 of this By-law, within the lands zoned
Community Institutional (12, 477) Zone, as identified on Map Nos. 1909,
1910, 1932 and 1933 of Schedule "A"- Zoning Maps, and described as
part of 3105 Fletcher Road (Glanbrook), the following special provisions
shall apply:
(a)
Minimum Lot Area
i)
300 square metres (interior
or corner lots)
(b)
Minimum Lot Width
i)
10 metres;
ii)
Notwithstanding i) above,
13.0
metres
shall
be
required for a corner lot.
(By-law No. 16-169, May 20, 2016)
478.
Within the lands zoned General Business Park (M2, 478) Zone, Modified,
identified on Maps 1049 and 1095 of Schedule "A" to By-law No. 05-200
and described as 50 Covington Street, the following special provisions
shall apply:
1) In addition to the uses listed under Provision 9.2.1 - Permitted Uses, a
Motor Vehicle Repair Garage shall also be permitted.
2) For the purposes of this by-law, a Motor Vehicle Repair Garage shall
mean the use of land, building or structure, or part thereof for general
repairs and servicing such as, but no limited to, the repair or
replacement of mufflers, exhaust systems, shock absorbers,
transmissions, gears, brakes, clutch assemblies, steering systems,
tires; wheels, windshields, windows and other mechanical or electrical
parts or systems, the installation of undercoating, engine tuning,
lubrication, engine conversion or replacement, emissions testing and
the accessory retail of automotive parts but shall not include a Motor
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-323
Vehicle Service Station, Motor Vehicle Collision Repair Establishment
or a Motor Vehicle Wrecking Establishment.
3) Notwithstanding any provision of Zoning By-law No. 05-200, the
subject lands and any development located thereon, existing on the
effective date of this By-law, shall be deemed to comply with the
regulations for any required landscaping areas, planting strips, parking
facilities, loading facilities and visual barriers relative only to the use
existing on the effective date of this By-law.
(By-law No. 17-024, February 8, 2017)
480.
In addition to Subsections 9.11.1 and 9.11.3, notwithstanding Subsection
9.11.2ii) of this By-law, and in addition to Section 5 of this By-law, within
the lands zoned Airport Prestige Business (M11,480) Zone, identified on
Maps 1936, 1494, 1540, and 1541 of Schedule "A" to By-law 05-200 and
described as 2060 Upper James shall apply:
(a)
PERMITTED USES
Place of Worship;
(b)
YARD ABUTTING A STREET
Subsection 9.11.3c) shall
not apply to a Place of
Worship
(c)
MINIMUM LANDSCAPED AREA
Subsection
9.11.3k)
ii)
shall not apply to a Place
of Worship; and,
(d)
PARKING
One (1) parking space for
every 11.8 square metres
of
gross
floor
area,
inclusive of a basement or
cellar, to accommodate
such use.
(By-law No. 17-090-OMB, May 02, 2017)
481.
(a)
Notwithstanding Section 9.4.3, Regulations h), and o) i) of Zoning
By-law 05-200, on those lands zoned Business Park Support (M4,
481) Zone, Modified as identified on Map Nos. 1501 and 1548, as
shown on Schedule "A" - Zoning Maps, shown as Blocks 1, 2, 4, 5
and 6 on Schedule "A", described as 99 Highland Road West and
665 Pritchard Road, be amended to provide for the following
special requirements:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-324
h) The maximum gross floor area for Office use within an
individual building, excluding accessory office, shall be limited
to 9,999 square metres.
o) i) The Maximum Combined Gross Floor Area for Accessory
Retail and Showroom Area shall be 50% of the gross floor area
of the principal use.
(b)
Notwithstanding Section 2.5, Interpretation of Zone Boundaries, of
Zoning By-law No. 05-200, the southern limit of Blocks 5 and 6 on
Schedule "A" annexed hereto described as 99 Highland Road
West and 665 Pritchard Road, shall not apply as a zoning
boundary to the abutting lands to the south described as 1603
Rymal Road East.
(By-law No. 16-228, August 12, 2016)
(By-law No. 23-079, May 10, 2023)
482. Deleted.
(By-law No. 16-330, December 14, 2016)
(By-law No. 21-189, October 13, 2021)
483.
In addition to Sections 14.1.1 and 14.1.2, on those lands zoned
Waterfront - Multiple Residential (WF1) Zone, identified on Map 827 of
Schedule "A" - Zoning Maps and Block 7 on Figure 10 to Schedule F -
Special Figures to Zoning By-law 05-200, and described as Pier 8, 65
Guise Street, the following special provisions shall apply:
a)
The following use shall also be permitted:
Commercial Parking Facility.
b)
The following regulations shall apply:
i)
Location of
Parking Gate
The parking gate of a commercial
parking facility shall have a minimum
distance of 6.5 metres from the street.
ii)
Parking
Structures
Above
grade
parking
structures
including a commercial parking facility
shall be located within buildings and
fronted on all levels and all sides by
commercial or residential uses.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-325
iii)
Commercial
Parking Facility
In addition to a) above, where a
commercial parking facility is proposed,
all permitted uses for Block 6 and Block
7 shall be allowed to front the parking
facility on all sides and on all levels and
a maximum 2,000 square metre floor
area of commercial uses shall be
permitted for Blocks 6 and 7.
(By-law No. 17-095-LPAT-01, May 24, 2017)
484.
In addition to Sections 14.3.1 and 14.3.2, on those lands zoned
Waterfront - Prime Retail Streets (WF3) Zone, identified on Map 827 of
Schedule "A" - Zoning Maps and Block 6 on Figure 10 to Schedule F -
Special Figures to Zoning By-law 05-200, and described as Pier 8, 65
Guise Street, the following special provisions shall apply:
a)
The following use shall also be permitted:
Commercial Parking Facility.
b)
The following regulations shall apply:
i)
Location of
Parking Gate
The parking gate of a commercial
parking facility shall have a minimum
distance of 6.5 metres from the street.
ii)
Parking
Structures
Above
grade
parking
structures
including a commercial parking facility
shall be located within buildings and
fronted on all levels and all sides by
commercial or residential uses.
iii)
Commercial
Parking Facility
In addition to a) above, where a
commercial parking facility is proposed,
all permitted uses for Block 6 and Block
7 shall be allowed to front the parking
facility on all sides and on all levels and
a maximum 2,000 square metre floor
area of commercial uses shall be
permitted for Blocks 6 and 7.
(By-law No. 17-095-LPAT-01, May 24, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-326
485.
In addition to Sections 7.4.1 and 7.4.2, within the lands zoned Open
Space (P4) Zone, identified on Map 827 of Schedule "A" - Zoning Maps
and Block 14 on Figure 10 to Schedule F - Special Figures to Zoning By-
law 05-200, and described as Pier 8, 65 Guise Street, the following
special provision shall apply:
a)
the following uses shall also be permitted:
Botanical gardens
Conservation
Nature Centres
Recreation
Restaurant
Marina
Recreational equipment rental and maintenance facilities
b)
the following regulations shall apply:
i)
Minimum Side
and Rear Yard
Setbacks
7.5 metres.
ii)
Maximum
Building Height
11.0 metres.
iii)
Parking
Notwithstanding Section 5.6a) Parking
shall be in accordance with Section 14.0
D) of this By-law.
iv)
Minimum Side
and Rear Yard
for Accessory
Buildings
7.5 metres in case of any building or
structure abutting a Residential or
Institutional Zone.
v)
Restaurant
Shall not exceed two storeys and up to
8.0 metres in height and shall not
exceed a total floor area of 1,500
square metres.
(By-law No. 17-095-LPAT-01, May 24, 2017)
(By-law No. 21-189, October 13, 2021)
486.
In addition to Sections 8.2.1 and 8.2.3 on those lands zoned Community
Institutional (I2) Zone, identified on Map 827 of Schedule "A" - Zoning
Maps and Block 16 on Figure 10 to Schedule F - Special Figures to
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-327
Zoning By-law 05-200, and described as Pier 8, 65 Guise Street, the
following special provision shall apply:
a)
the following uses shall also be permitted:
Child Care Centre
Educational Establishment
Library
Medical Office
Museum
Place of Worship
Recreation
Social Services Establishment
Long Term Care Facility
b)
the following regulations shall apply:
i)
Minimum Lot
Width
30.0 metres
ii)
Minimum Side
and Rear Yard
Setbacks
2.0 metres
iii)
Building Height
1. Minimum 2 storeys and up to 8.0
metres and maximum 4 storeys and
up to 15 metres; and,
2. In addition to 1. Above, minimum
4.5 metres façade height for any
portion of a building along a street
line.
iv)
Minimum
Landscaped
Area
10% of the Lot Area
v)
Parking
Notwithstanding Section 5.6a) Parking
shall be in accordance with Section 14.0
D) of this By-law.
(By-law No. 17-095-LPAT-01, May 24, 2017)
(By-law No. 21-189, October 13, 2021)
(By-law No. 25-155, August 06, 2025)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-328
493. Within the lands zoned Conservation / Hazard Land (P5, 493) Zone on
Map No. 1247 of Schedule "A" to By-law No. 05-200 and described as
2750 King Street East, the following special provisions shall apply:
1)
That Subsection 4.23d) of Zoning By-law 05-200 shall not apply to
the northerly zone boundary of the Conservation / Hazard Land
(P5) Zone.
2)
A fence shall be required along the northern zone boundary of the
Conservation / Hazard Land (P5) Zone.
(By-law No. 16-333, December 14, 2016)
499.
Within the lands zoned Residential Character Commercial (C1, 499)
Zone and Neighbourhood Commercial (C2) Zone, identified on
Maps 735, 793, and 834 of Schedule "A" - Zoning Maps, and
described as:
Property Address
Map Number
328 Beach Boulevard
834
336 Beach Boulevard
834
344 Beach Boulevard
834
400 Beach Boulevard
735
532 Beach Boulevard
793
536 Beach Boulevard
793
538 Beach Boulevard
793
The following special provisions shall apply:
a)
Section 4.6 d) shall not apply to the side yard.
b)
Notwithstanding Section 4.8.1, the following provisions shall
apply:
i) No accessory building shall be located within a front yard
or side yard.
ii) Minimum Rear Yard
0.6 metres
iii) Maximum Height
4.5 metres
iv) All accessory buildings shall not exceed 30% total lot
coverage of the yard in which the accessory buildings are
located, included areas devoted exclusively to parking.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-329
v) Where an accessory building is designed and intended for
parking of motor vehicles, such accessory building shall
be set back a minimum of 6.0 metres from any street line.
vi) In no cases shall an eave or gutter extend more than 0.3
metres into a minimum yard.
c)
Notwithstanding Section 10.2.3 c) i), the following provision
shall apply:
i) Minimum Interior Side Yard
1.7 metres
d)
In addition to Section 10.2.3: Regulations, the following
provisions shall apply:
i) The minimum ground floor elevation of any building or any
building addition shall be 76.5 metres above mean sea
level, as defined by the Geodetic Survey Datum, except
for any building addition less than 14 square metres in
ground floor area, and any accessory building or
structure.
ii) No basement or cellar shall be permitted for any buildings.
iii) Any building addition less than 14 square metres in
ground floor area, shall have a minimum ground floor
elevation at or above the existing ground floor elevation of
the building.
e)
Notwithstanding clause c) of this By-law, an interior side yard
may be reduced to a minimum 1.5 metres, provided a
common swale between the interior side yard and the
adjoining property has been approved under an approved
Site Plan.
f)
Notwithstanding any other provisions of this By-law, any lot
and the location thereof of any building or structure, existing
on the effective date of this By-law, shall be deemed to
comply with the regulations for any required setbacks, front
yard, façade building length, flankage yard, rear yard, lot
width, lot area and building height and are permitted by this
By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-330
g)
For the properties located at 328, 336 and 344 Beach
Boulevard, the following regulation shall also apply to a single
detached dwelling or duplex dwelling:
i)
Notwithstanding, Section 10.1.4 a), the maximum front
yard setback abutting a street shall be 11.2 m.
ii)
a minimum height of 0.75 metres between the ground
and the bottom of a fence or wall.
(By-law No. 19-278, November 13, 2019)
(By-law No. 20-144, July 17, 2020)
502, H95.
Within the lands zoned Community Institutional (I2, 502, H95)
Zone, Modified identified on Maps 1246 and 1299 of Schedule A to
By-law 05-200 and described as 50 Albright Road (Hamilton), the
following special provisions shall apply:
PERMITTED USES
Notwithstanding the uses permitted in Section 8.2.1, only the
following uses shall be permitted:
Semi Detached Dwelling
Street Townhouse Dwelling
SEMI DETACHED DWELLINGS (Block 5)
Notwithstanding Sections 8.2.3.4 a) i), c) i),
and e), the following special provisions shall
apply to Semi Detached Dwellings
REGULATIONS
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-331
a) Minimum Lot Area
b) Minimum Front Yard
c) minimum Flankage
STREET TOWNHOUSES
(Blocks "1" , "3" , "4" and "6" )
Notwithstanding
Sections
8.2.3.5 a), b), c) i), e), f) and g),
Section 4.6 e), Section 4.23 d)
and Section 5.1c) iii), the
following
special
provisions
shall
apply
to
Street
Townhouses:
a) Minimum Lot Area
b) Minimum Unit Width
i) 190 square metres for each
semi detached dwelling unit
i) 4.5 metres for an interior lot,
and 2.1 metres for a corner
lot.
2.1 metres.
i) 129 square metres for each
three storey dwelling unit in
Block "1" ; 139 square
metres
for
each
interior
dwelling unit in Block 3 ; 152
square metres for each two
storey dwelling unit in Block
"4 ; and 152 square metres
for
each
three
storey
dwelling unit in Block ''6.
ii) Notwithstanding i) above,
129 square metres in Block 1
; 195.0 square metres in
Block "S"; 152 square metres
in Block "4" ; and 152 square
metres in Block "6 shall be
required for a corner lot.
6.0 metres, except 5.4
metres in Block "1".
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-332
c) Minimum Front Yard
d) Minimum Flankage Yard
e) Minimum Rear Yard
f) Maximum Building Height
g) Yard Encroachments for
Balconies
h) Minimum Setback from (P5)
Zone
i) Maximum Driveway Width
SPECIAL PROVISIONS
FOR "12, 502" ZONE
Notwithstanding Sections
4.6 d), 4.9, and 5.1 c) iii), the
following special provisions
i) 4.5 metres, except 2.8
metres for a corner lot in
Blocks "1" , "4" and 6".
3.0 metres, except 2.0
metres to a street line or
common element sidewalk
in Blocks "4" and "6".
7.0 metres, except 5.8
metres for each dwelling
unit in Block "3" and 2.6
metres for an end unit in
Block "4".
11 metres and two storeys
for each dwelling unit in
Block "4" and 13.5 metres
and three storeys for each
dwelling unit in Blocks "1",
"3" and "6".
A balcony may encroach
into the required rear yard a
maximum of 1.5 metres for
each dwelling unit in Block
"3".
2.6 metres in Block 4.
A driveway may be widened
to a maximum of 65% of the
lot width or 6.0 metres,
whichever is the lesser,
except for 76.6% or 4.6
metres in Block "3".
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-333
shall also apply to
development within the "12,
502 Zone:
a) Yard Encroachments for
Decks
b) Location of Air Conditioning
Units (A/C) Units
In addition to Sections 4, 4.8
d), f) and g), the following
special provisions shall also
apply to development within
the I2, 502 Zone:
a) Accessory Buildings
b) Minimum Landscaped Area
c) Minimum Visitor Parking
deck may encroach into a
required rear yard to a
maximum of 3 metres for
dwelling units for each
dwelling unit in Blocks "1",
"4", "5" and "6".
Air conditioning units shall
be located only in
accordance with the
following regulations:
For each dwelling unit in
Block 3, A/C units shall be
located only above garages.
For each dwelling unit in
Blocks "1", "4" "5" and "6",
A/C units shall be permitted
only in rear yards with a
minimum setback of 0.6
metres from a side or a rear
lot line.
Accessory buildings shall
only be permitted for a
dwelling unit located in
Blocks "4", 5" and "6".
The overall landscaped area
shall be a minimum of 37%
of the entire site and shall
exclude the P5 Zone.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-334
d) Tandem Parking
Parking for visitors shall be
provided on the basis of 0.3
spaces per dwelling unit.
Parking for each dwelling
unit may be arranged as
tandem or stacked parking
for each dwelling unit in
Blocks "1", "3", "4", "5" and
"6".
(By-law No. 17-112, June 14, 2017)
550. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1250 and 1251 of Schedule "A" - Zoning Maps and described as
259, 261 Highway No. 8, the following special provisions shall apply:
a)
Notwithstanding Subsections 10.5.1, only the following uses shall be
permitted:
i)
Animal hospital, only if wholly enclosed within a building
ii)
Denture clinic
iii)
Restaurant
iv)
Financial Institution
v)
Office
vi)
Optometrist
vii)
Personal Service
viii) Retail
b)
Notwithstanding Subsection 5.6 c), the following parking ratio shall
apply to the uses identified in Clause a):
i) 1 space per 31.0 square metres of Gross Floor Area.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
551. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1251 of Schedule "A" - Zoning Maps and described as 303
Highway No. 8, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-335
a)
Notwithstanding Subsections 10.5.3 a) ii) and b) and in addition to
Section 3: Definitions and Subsection 10.5.3 i), the following
regulations shall also apply:
i)
Maximum Front Yard
3.0 metres, except that a minimum
front yard of 7.5 metres shall be
provided and maintained for the
building or a portion of the building
existing as of April 24, 2013.
ii)
Minimum Rear Yard
5.0 metres.
iii)
Minimum Landscaped
Open Space
10 percent of the lot area, a portion
of which shall include the following,
where applicable:
A. A
Planting
Strip
having
a
minimum width of 4.5 metres
shall be provided and maintained
adjacent to every portion of any
lot line that abuts a street, except
for points of ingress and egress;
B. A
Planting
Strip
having
a
minimum width of 4.5 metres
shall be provided and maintained
adjacent to every portion of any
lot line that abuts any Zone other
than a Commercial and Mixed
Use or Industrial Zone, except
that a Planting Strip having a
minimum width of 3.0 metres is
permitted along the easterly side
lot line;
C. No
Planting
Strip
shall
be
required adjacent to a portion of
any
lot
line
that
abuts
a
Commercial and Mixed Use or
Industrial Zone; and,
D. A retaining wall is permitted in a
Planting Strip.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-336
(By-law No. 17-240, November 8, 2017)
552. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1185 and 1239 of Schedule "A" - Zoning Maps and described as
800 Upper Wentworth Street and 362 Mohawk Road East, the following
special provisions shall apply:
a)
Notwithstanding Subsection 10.5.1, for the lands located at 800
Upper Wentworth Street, only the following use shall be permitted
within the building existing as of June 15, 2011:
i)
Personal Service
b)
In addition Subsection 10.5.1 and notwithstanding Subsection 4.21a),
for the lands located at 362 Mohawk Street East, the following shall
also apply:
i)
A Single Detached Dwelling within the building existing as of
June 15, 2011 shall also be permitted; and,
ii)
A home occupation shall not be permitted within the use
identified in Clause b) i).
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
553. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1183 of Schedule "A" - Zoning Maps and described as 830, 836
and 840 Upper James Street, the following special provisions shall apply:
a) In addition to Subsection 10.5.2, a Drive-Through Facility shall be
prohibited.
b)
Notwithstanding Subsection 5.2b) and 5.2f), the following special
Parking provision shall also apply:
i)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
ii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-337
(By-law No. 17-240, November 8, 2017)
554. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 860 of Schedule "A" - Zoning Maps and
described as 104 King Street West, the following special provisions shall
apply:
a)
In addition to Subsection 10.5a.1, all permitted uses shall be
contained within the building existing as of May 26, 2010.
b)
Notwithstanding the definition of Front Lot Line in Section 3:
Definitions, Subsections 5.1 a) v), 5.2 c) and 5.2.1, and 10.5a.3g), the
following regulations shall apply:
i)
Minimum Parking and
Loading Requirements
A minimum of five (5) parking spaces
and one (1) loading space shall be
provided and maintained on the
subject lands.
ii)
Location of Parking
and Loading Spaces
Shall be provided and maintained only
in the easterly side yard and shall be
permitted to be 0.0 metres from a
public thoroughfare.
iii)
Parking Space Size
Dimension
A
minimum
parking
space
size
dimension of 2.6 metres by 5.5 metres
shall be provided.
iv)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking space
size dimension of 4.4 metres by 5.5
metres shall be provided.
v)
Manoeuvering space for off-street parking and loading spaces
may be provided off-site.
vi)
Front Lot Line
The front lot line shall be the property
line which abuts King Street West.
vii)
Building Envelope
The external appearance of the east,
west,
north,
and
south
building
facades, including building materials,
stone sills and lintels, brickwork,
existing door and window openings,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-338
and the height and form of all roofs,
dormers, and roofing materials shall
be retained in their appearance and
condition as existing on May 26, 2010.
viii)
Windows and Doors
Notwithstanding
Clause
v),
the
installation of new windows and doors
into existing and unaltered window
and door openings shall be permitted
if required by the Ontario Building
Code.
ix)
Mechanical Equipment Notwithstanding
Clause
v),
the
installation of required mechanical
equipment in the flat roof area of the
rear of the existing heritage structure
shall be permitted if required by the
Ontario Building Code.
x)
Ontario Heritage Act
Notwithstanding Clause v), vi) and vii),
should the lands be 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 Clause v), vi)
and vii).
(By-law No. 17-240, November 8, 2017)
555. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Maps 861 and 903 of Schedule "A" - Zoning
Maps and described as 16 and 22 King Street East, the following special
provisions shall apply:
a)
Notwithstanding Subsections 10.5a.3 a), b), c) and d) the following
regulations shall apply:
i)
Front Yard
A.
0.0 metres;
B.
3.9 metres for the front principal
wall of the building 16.5 metres
and above in height; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-339
C.
6.5 metres for the front principal
wall of the building 19.0 metres
and above in height.
ii)
Minimum Side Yard
0.15 metres.
iii)
Minimum Rear Yard
1.0 metres.
iv)
Maximum Height
25.0 metres
v)
Maximum Lot
Coverage
97 percent
vi)
Landscaped Area
3.0 percent
vii)
Total Gross Floor
Area
The total gross floor area of all
buildings on a site shall not exceed
7,623 square metres, provided that a
minimum of 6.0 percent of the gross
floor area shall be used for commercial
purposes.
viii)
Ground Floor
Façade Glazing
A Minimum 50% of the area of the
ground floor façade along the King
Street West lot line shall be composed
of windows and doors.
b)
In addition to Subsection 5.1a) v) a) and notwithstanding Subsections
5.2b), 5.2f), 5.6 c), the following parking regulations shall apply:
i)
Minimum
Parking
Requirements
A.
0.3 parking space per dwelling
unit 60 square metres or less;
and,
B.
1.0 parking space per dwelling
unit more than
60
square
metres.
ii)
Parking Location
No parking space or part thereof shall
be located, and no land shall be used
for the temporary parking or storage of
any vehicle at a distance of less than:
A. 0.0 metres from the front lot line;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-340
B. 0.16 metres from the westerly
side lot line;
C. 1.08 metres from the rear lot line;
D. 0.19 metres from the easterly lot
line; and,
E. 3.0 metres from any public
thoroughfare for only parking
located at-grade.
iii)
Parking Space
Size Dimension
A
minimum
parking
space
size
dimension of 2.6 metres by 5.5 metres
shall be provided.
iv)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking space
size dimension of 4.4 metres by 5.5
metres shall be provided.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
556. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1040 of Schedule "A" - Zoning Maps and
described as 489 and 489½ Concession Street, the following special
provisions shall apply:
a)
In addition to Subsection 10.5a.1, the following use shall also be
permitted:
i)
Two dwelling units within the northerly building, and two
dwelling units and a commercial unit shall be permitted within
the southerly building existing on February 13, 2013.
b)
Notwithstanding Subsections 5.2 b), 5.6 d), 5.6 c), 10.5a.3 b) and c),
the following regulations shall also apply:
i)
Minimum Parking
No less than 3 on-site parking spaces
shall be provided and maintained for 2
duplex buildings (4 dwelling units total).
ii)
Manoeuvring Space
A minimum 5.1 metre manoeuvring
space shall be provided and maintained
for a 90 degree parking space.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-341
iii)
Parking Space
Dimensions
A parking space shall have dimensions
not less than 2.7 metres wide and 5.5
metres long.
iv)
Minimum Side Yard
A minimum easterly side yard setback
of 0.0 metres and a minimum westerly
side yard setback of 0.4 metres shall be
permitted for the building existing on
February 13, 2013.
v)
Minimum Rear Yard
A minimum rear yard setback of 0.0
metres shall be permitted for the
building existing on February 13, 2013.
(By-law No. 17-240, November 8, 2017)
557. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 951 of Schedule "A" - Zoning Maps and
described as 99 and 103 Locke Street South, the following special
provisions shall apply:
a)
Notwithstanding Subsections 5.2.1, 5.2b), 5.2f), 5.6 c), 10.5a.3 a),
b), d), h) iii), h) viii) and i), the following regulations shall apply to a
mixed-use building with ground floor commercial uses and 84
dwelling units located above:
i)
Maximum
Building Height
6 storeys and 22.5 metres;
ii)
A mechanical penthouse, which is located above the main roof,
shall be allowed an additional maximum height of 4.0 metres and
300 square metres in area and may contain associated enclosed
amenity/multi-purpose area.
iii)
Minimum Yards
A. A minimum of 0.0 metres shall be
provided and maintained for the side
yard abutting Jackson Street West;
B. A minimum of 1.6 metres shall be
provided and maintained for the side
yard abutting Canada Street;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-342
C. A minimum of 0.0 metres shall be
provided and maintained for the front
yard abutting Locke Street South;
D. A minimum of 0.0 metres shall be
provided and maintained for the rear
yard (including northerly 0.77 metres
and easterly 31 metre lot lines) for the
first two storeys and a minimum of
7.15 (excluding balconies) shall be
provided to the 0.77 metres rear lot
line for all remaining storeys above
the first two (2) storeys.
iii)
The gross floor area of the primary building shall be 8,500 square
metres with a floor area ratio of 4.25.
iv)
No landscaped/planting area shall be provided and maintained
along any side lot line and rear lot line adjoining a Residential
Zone or use.
v)
Minimum Parking
Ninety (90) underground parking spaces
shall be provided.
vi)
Parking Space
Size Dimension
A
minimum
parking
space
size
dimension of 2.7 metres by 5.5 metres
shall be provided.
vii)
Barrier Free Parking
Space Size
Dimension
A minimum barrier free parking space
size dimension of 4.4 metres by 5.5
metres shall be provided.
viii) Loading
Space
Requirements
A. A minimum loading space dimension
of: 3.7 metres in width by 9.0 metres
in length shall be provided and
maintained; and,
B. The manoeuvring space for the
loading space shall be provided off-
site and access driveways shall be
located 0.0 metres from a Residential
Zone.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-343
ix)
A minimum of 60% of the ground floor façade fronting Locke
Street South shall be comprised of windows and doors.
x)
A minimum block face of 75% (excluding portions of the building
to be used for access) shall be provided for every lot line fronting
a public street.
(By-law No. 17-240, November 8, 2017)
558. Within the lands zoned District Commercial (C6) Zone, identified on Map
1413 of Schedule "A" - Zoning Maps, and described as:
Property Address
Map Number
95 Portia Drive
Map 1434
103, 109 Portia Drive
Map 1434
The following special provisions apply:
a) i) In addition to the definition of Retail in Section 3: Definitions, the
following definition shall also apply:
Supermarket
A store in which various kinds of food and
non-food items are offered or kept for
sale, including fresh meats and fresh
produce, provided that the area devoted
to food items is predominant, and the
non-food items may include but are not
limited to flowers, hardware, patent
medicines, toiletries, household supplies,
garden supplies, wine, photofinishing,
magazines and videos.
ii) In addition to the definition of Lot in Section 3: Definitions, the lands
described as 95, 103, 109 Portia Drive shall be considered one lot for
zoning purposes.
b)
Notwithstanding Subsection 10.6.1, only the following uses shall be
permitted:
i)
Art Gallery
ii)
Auctioneer Establishment
iii)
Building and Lumber Supply Establishment, within a wholly
enclosed building
iv)
Catering Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-344
v)
Child Care Centre
vi)
Cold Storage Locker Establishment
vii)
Commercial Entertainment, within a wholly enclosed building
viii)
Commercial Parking Facility
ix)
Commercial Recreation, within a wholly enclosed building
x)
Community Garden
xi)
Craftsperson Shop
xii)
Educational Establishment
xiii)
Financial Establishment
xiv)
Funeral Home
xv)
Laboratory
xvi)
Library
xvii) Major Recreational Equipment Sales, Rental and Service
Establishment
xxiii) Manufacturing, limited to a Printing and / or Publishing
Establishment
xix)
Medical Clinic
xx)
Museum
xxi)
Office
xxii) Personal Service
xxiii) Post Office
xxiv) Private Club or Lodge
xxv) Repair Service
xxvi) Restaurant
xxvii) Retail, not including a Supermarket
xxviii) Transportation Depot
xxix) Urban Farm
xxx) Urban Farmer's Market
c)
Notwithstanding Subsection 10.6.1.1 i) 1. B., a two-storey building
containing office uses on both the first and second floor is also
permitted.
d)
In addition to Subsection 10.6.2, the following uses shall also be
prohibited, even as an accessory use:
i)
Body Rub Parlour
ii)
Department Store
iii)
Dwelling Unit
iv)
Open Storage
v)
Supermarket
e)
Notwithstanding Subsections 5.6 c), 10.6.3 a), b), c), f) and g), and in
addition to Subsection 10.6.3 h), the following regulations apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-345
i)
Minimum Front Yard
1.5 metres, except as provided in
Clause vii)
ii)
Minimum Side Yard
1.5 metres, except where an interior
side yard abuts a private vehicular
turnaround, a 0.0 metre side yard
shall be permitted.
iii)
Minimum Rear Yard
10.0 metres
iv)
Minimum Frontage
30.0 metres
v)
Maximum Total
Aggregate Gross Floor
Area for all
Commercial Uses
3,300 square metres
vi)
Built Form for New
Development
Within 20 metres of the Wilson Street
West Lot Line, the minimum façade
shall be greater than or equal to 40%
of the measurement of the Wilson
Street Lot Line, excluding access
driveways to Wilson Street West and
enhanced bioswale areas, and shall
be subject to the following:
1. A maximum building setback of
6.0 metres is permitted
2. A minimum of 40% of the area of
the ground floor façade facing
Wilson Street West shall be
composed of windows and doors
3. No parking, driveways, drive
through lanes, stacking lanes, or
aisles shall be located between
the
building
façade
facing
Wilson Street West and Wilson
Street West
vii)
Minimum Planting Strip 3.0 metres adjacent to each lot line
which abuts a public street or lot
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-346
containing a dwelling comprising
one or two dwelling units (but shall
permit the location of principal
buildings, walkways / sidewalks,
retaining walls, curbs, signs, and
light
standards
within
required
Planting Strips).
viii) Minimum Parking
Requirement:
Parking for all uses shall be provided
at a rate of 3.5 spaces for each 93
square metres of Gross Floor Area,
or part thereof.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
559. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map 1290 of Schedule "A" - Zoning
Maps and described as 1187 Upper James Street, the following special
provisions shall apply:
a)
That notwithstanding Subsections 4.20 b) and 4.20 c) i), and in addition to
Subsection 4.20, the following regulations shall apply:
i)
Outdoor
Commercial
Patios
1. An Outdoor Commercial Patio shall
be permitted in the rear yard;
2. An Outdoor Commercial Patio shall
not exceed an area of 30.0 square
metres; and,
3. An Outdoor Commercial Patio shall
be set back a minimum of 12.0 metres
from the rear lot line.
b)
That notwithstanding Subsections 5.2.1 a), 5.2.2 a), b), and c), the
following regulations shall apply:
i)
Minimum Parking
Space Dimensions
Parking space sizes shall be a minimum
of 2.6 metres in width and 5.5 metres in
length.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-347
ii) Minimum Accessible
Parking Space
Dimensions
Each accessible parking space shall
have a minimum width of 4.4 metres
and a minimum length 5.5 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-187, October 8, 2025)
(By-law No. 26-052, March 04, 2026)
560. Deleted.
(By-law No. 17-240, November 08, 2017)
(By-law No. 25-187, October 08, 2025)
(By-law No. 26-052, March 04, 2026)
561. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 993 of Schedule "A" - Zoning Maps and
described as part of 252 and 254 Locke Street South, the following special
provision shall apply:
a)
Notwithstanding Subsection 4.20 b) and c), an outdoor commercial
patio with a maximum seating accommodation of 36 persons
adjoining a Residential Zone shall be permitted to be located in the
rear yard and an outdoor commercial patio with a maximum seating
accommodation of 6 persons shall be permitted to be located in the
north-east side yard.
(By-law No. 17-240, November 8, 2017)
562. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map Nos. 1258 and 1259 of Schedule "A - Zoning Maps and described
as 1290 South Service Road and 5 and 23 Vince Mazza Way, the following
special provisions shall apply:
a)
In addition to Section 5.2 e) and notwithstanding Sections 5.2 f) and
h), 5,5 a), 5.6 c), and 5.7 c) and d), the following regulations shall
apply:
i)
Surfaces of Parking
Spaces and Parking
Lots
May include exhaust and intake
vents provided at grade
ii)
Barrier Free Parking
Space Sizes
Notwithstanding Section 5.2 b),
barrier free parking spaces shall
be a minimum of 2.8 metres in
width and 5.8 metres in length,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-348
accompanied by a painted aisle of
not less than 1.5 metres in width
iii)
Landscaped Area(s) or
Landscaped Parking
Island(s) Within a
Parking Lot
Landscaped
Area(s)
or
Landscaped
Parking
Island(s)
with a minimum combined area of
7% of the area of the parking lot
and associated access driveway
and maneuvering areas shall be
provided and maintained.
iv)
Minimum Number of
Barrier Free Parking
Spaces
11 spaces
v)
Number of Parking
Spaces for a Multiple
Dwelling
a) Minimum 1.25 parking spaces
per dwelling unit; and,
b) Maximum 1.5 parking spaces
per dwelling unit.
vi)
Number of Parking
Spaces for
Commercial Uses
a) 0 where a commercial unit is
less than 450.0 square metres in
gross floor area per commercial
unit; and,
b) 1 for each 17.0 square metres
of any gross floor area between
450.0 square metres and 4,000
square metres per commercial
unit.
vii)
Bicycle Parking
Requirements
a) A minimum of 94 short-term
bicycle parking spaces shall be
provided for all Multiple Dwellings;
and,
b) For any Commercial unit less
than 450.0 square metres no
short-term
bicycle
parking
space(s) shall be required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-349
b)
Notwithstanding Subsection 10.5.1 and in addition to Subsection
10.5.2, the following uses shall be prohibited:
Commercial Entertainment;
Commercial Parking Facility;
Commercial Recreation;
Conference or Convention Centre;
Educational Establishment;
Emergency Shelter;
Funeral Home;
Hotel;
Laboratory; Lodging House;
Motor Vehicle Gas Bar;
Motor Vehicle Service Station;
Motor Vehicle Washing Establishment;
Performing Arts Theatre;
Place of Assembly;
Place of Worship;
Residential Care Facility;
Retirement Home; and,
Transportation Depot.
c)
Notwithstanding Sections 10.5.3 a), b), d), and g) and in addition to
Section 10.5.3 h), the following regulations shall apply:
i)
Building Setback from
a Street Line
From Vince Mazza Way:
a) Minimum 0.9 metres and
maximum 4.5 metres to a ground
floor commercial use; and,
b) Minimum 3.0 metres and
maximum 5.5 metres to a ground
floor dwelling unit.
From Winona Road:
a) Minimum 7.0 metres from a
front façade;
b) Minimum 3.0 metres from an
end façade; and,
c) No maximum.
From a daylight triangle or curve:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-350
a) Minimum 0.6 metres.
ii)
Building Height
a) Minimum 5.0 metre façade
height for any portion of a building
along a street line located less
than 3.0 metres from the street
line;
b) Minimum 7.5 metre façade
height for any portion of a building
along a street line located at or
more than 3.0 metres from the
street line; and,
c) Maximum 16.0 metres.
iii)
Minimum Gross Floor
Area for Retail and
Service Commercial
Uses
1,900 square metres.
v)
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:
a) Rooftop mechanical equipment
shall be located and/or screened
from view of any abutting street;
b) 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;
c) For a corner lot the minimum
combined width of the ground floor
façade facing the front lot line an
flankage lot line shall be greater
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-351
than or equal to 50% of the
measurement of all lot lines
abutting a street;
d) In addition to Subsections a), b)
and c) above, the minimum width
of the ground floor façade facing
the front a d flankage lot lines shall
exclude access driveways and
any required yards within a lot line
abutting a street;
e) No parking, stacking lanes, or
aisles shall be located between
the required building façade and
the front lot line and flankage lot
line;
f) A minimum of one principal
entrance to a building containing
commercial
uses
shall
be
provided:
1. Within the ground floor façade
that is set bac is closest to a street;
and,
2. Shall be accessible from the
building façade with direct access
from the public sidewalk.
g) A walkway shall be permitted in
a Planting Strip where required by
the By-law.
vi)
Minimum Amenity
Area for Dwelling Units
and Multiple Dwellings
In
addition
to
the
Minimum
Amenity Area requirements, any
balcony or rooftop amenity area
shall be less than 4.0 metres in
depth.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-352
(By-law No. 17-240, November 8, 2017)
563. Within the lands zoned Mixed Use Medium Density Pedestrian Focus
(C5a) Zone and Parking (U3) Zone, identified on Map 951 of Schedule "A"
- Zoning Maps and described as 154, 158, 162, 162½, and 164 Locke
Street South, the following special provisions shall apply:
a)
Notwithstanding Subsection 5.1a) v) 5.2b), 5.2f), and 5.2i) and in
addition to Subsection 5.2c) the following special regulations shall
also apply for the portion of lands zoned Mixed Use Pedestrian Focus
(C5a) Zone and Parking (U3) Zone:
i)
Parking Space Size
Dimension
A.
A minimum parking space
size
dimension
of
2.6
metres by 5.5 metres shall
be provided; and,
B.
Notwithstanding Clause A.,
every parking space within
an attached garage shall
have dimensions not less
than 2.7 metres by 6.0
metres long;
ii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4
metres by 5.5 metres shall be
provided.
iii)
Minimum Driveway
Aisle Width
A.
A Driveway Aisle shall
have a minimum width of
5.0 metres; and,
B.
A Driveway Aisle shall
have a minimum of 4.0
metres for one-way traffic.
iv)
Location of Driveway
Aisle and Parking
Space
Required parking space and
driveway aisle for uses permitted
under the Mixed Use Pedestrian
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-353
Focus (C5a) Zone shall be
permitted to be provided on the
portion of lands zoned Parking
(U3) Zone;
v)
Ingress and Egress
of Parking Lot
Points of ingress and egress
from a parking lot shall be a
minimum of 0.0 metres from a
residential district.
vi)
Setback of Surface
Parking Lot
A surface parking lot shall not be
less than 1.0 metre from the
westerly lot line, and 0.0 metre
from the northerly and southerly
lot line.
b)
Notwithstanding Subsection 12.3.2 g), the following special
regulations shall also apply for the portion of lands zoned Parking
(U3) Zone:
i)
A Landscaped Area, where not less than 50% shall consist of a
Planting Strip, with a minimum of 1.0 metre, shall be provided
and maintained along the western lot line.
c)
The following special regulations shall also apply for the portion of
lands zoned Mixed Use Medium Density Pedestrian Focus (C5a)
Zone:
i)
Notwithstanding
Subsection
10.5a.1.1i)3.A.,
a
surface
Commercial Parking Facility shall also be permitted.
(By-law No. 17-240, November 8, 2017)
564. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 414 of Schedule "A" - Zoning Maps and described as the south
easterly portion of 490 Dundas Street East, the following special provisions
shall apply:
a)
In addition to Subsection 10.5.1, the following uses shall also be
permitted:
i)
Street Townhouse Dwelling
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-354
(By-law No. 17-240, November 8, 2017)
565. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1280 of Schedule "A" - Zoning Maps and described as 128 and
134 Wilson Street West, the following special provisions shall apply:
a)
Notwithstanding Subsection 10.5.1, the following uses shall be limited
to the following:
i)
Single Detached Dwelling
ii)
Office located within the building existing at the time of the
passing of the By-law
b)
Notwithstanding Subsection 10.5.3a), the minimum Front Yard
Setback is 15.0 metres.
c)
Notwithstanding Subsection 10.5.3g)v), the regulation shall not apply.
(By-law No. 17-240, November 8, 2017)
(By-law No. 21-189, October 13, 2021)
566. Within the lands zoned Mixed Use Medium - Pedestrian Focus (C5a)
Zone, identified on Map 1040 and 1086 of Schedule "A" - Zoning Maps
and described as 37 and 39 Cliff Avenue, and 569 Concession Street, the
special provisions shall apply:
a)
Notwithstanding Section 10.5a.1, permitted uses are limited to the
following:
i)
Dwelling Units in Conjunction with a Commercial Use
ii)
Medical Clinic
iii)
Office
iv)
Personal Service
v)
Social Services Establishment
vi)
Studio
(By-law No. 17-240, November 8, 2017)
567. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1280 and 1281 of Schedule "A" - Zoning Maps and described as
54 Wilson Street West, the following special provisions shall apply:
a)
Notwithstanding Subsections 10.5.3 d) ii) and iii), the following
regulations shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-355
i)
Maximum Building
Height
11.0 metres.
ii) Access
No access shall be permitted from
Carrington Court to the subject lands.
(By-law No. 17-240, November 8, 2017)
568. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1175 of Schedule "A" - Zoning Maps
and described as 370 Wilson Street East, the following special
provisions shall apply:
a)
In addition to Section 10.5a.1 and notwithstanding Section
10.5a.2) ii), the following use shall also be permitted:
i)
Drive through facility within the building existing as of August
16, 2013.
b)
Notwithstanding Subsection 10.5a.3 d) ii) and iii), the
maximum building height of 9.0 metres shall be permitted.
(By-law No. 17-240, November 8, 2017)
569. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1175 of Schedule "A" - Zoning Maps and
described as 385 Wilson Street East, the following special provisions shall
apply:
a)
Notwithstanding Subsection 10.5a.3 d) ii) and iii) a maximum building
height of 12.63 metres shall be permitted.
(By-law No. 17-240, November 8, 2017)
570. Within the lands zoned District Commercial (C6) Zone, Mixed Use Medium
Density (C5) Zone and Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Maps 860, 861, 903, 907, 908, 946, 947, 948,
988, 990, 1124, 1175, 1228, 1229, 1280, 1281, 1911, 1912, 1934, 1935
and 1956 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
15 Albert Street
860
Binbrook, Con. 3, Blk 3, Part Lot 5
1935
2548 Binbrook Road
1935
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-356
Property Address
Map Number
2553 Binbrook Road
1935
2562 Binbrook Road
1935
2567 Binbrook Road
1935
2572 Binbrook Road
1935
2575 Binbrook Road
1935
2583 Binbrook Road
1935
2584 Binbrook Road
1935
2592 Binbrook Road
1935
2600 Binbrook Road
1935
Plan 62M 1016, Block 103
1935
2617 Binbrook Road
1934 and 1935
2620 Binbrook Road
1935
2623 Binbrook Road
1935
2630 Binbrook Road
1935
2623 Binbrook Road
1935
2630 Binbrook Road
1935
2641 Binbrook Road
1934 and 1935
2647 Binbrook Road
1934 and 1935
2653 Binbrook Road
1934
2657 Binbrook Road
1934
2660 Binbrook Road
1934
2665 Binbrook Road
1934
2666 Binbrook Road
1935
3015 Binbrook Road
1934
3020 Binbrook Road
1934
3027 Binbrook Road
1934
3028 Binbrook Road
1934
3034 Binbrook Road
1934
3038 Binbrook Road
1934
3042 Binbrook Road
1934
3048 Binbrook Road
1934
3060 Binbrook Road
1934
3072 Binbrook Road
1934
3073 Binbrook Road
1934
3078 Binbrook Road
1934
3084 Binbrook Road
1934
3089 Binbrook Road
1934
3092 Binbrook Road
1934
3100 Binbrook Road
1934
3105 Binbrook Road
1934
3106 Binbrook Road
1934
3114 Binbrook Road
1934
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-357
Property Address
Map Number
3115 Binbrook Road
1934
3125 Binbrook Road
1934
3130 Binbrook Road
1934
2 Bond Street South
907
2 Bond Street South
907
6 Bond Street South
907
10 Bond Street South
907
53 Carrington Court
1280 and 1281
1 Cross Street
861
3 Cross Street
861
5 Cross Street
861
7 Cross Street
861
11 Cross Street
861
Part of 14 and 16 Cross Street
861
103 Emerson Street
948
104 Emerson Street
948
105 Emerson Street
948
106 Emerson Street
948
109 Emerson Street
948
110 Emerson Street
948
112 Emerson Street
948
113 Emerson Street
948
114 Emerson Street
948
116 Emerson Street
948
117 Emerson Street
948
119 Emerson Street
948
120 Emerson Street
948
125 Emerson Street
948
131 Emerson Street
948
135 Emerson Street
948 and 990
136 Emerson Street
948 and 990
139 Emerson Street
948 and 990
142 Emerson Street
948 and 990
143 Emerson Street
990
144 Emerson Street
990
150 Emerson Street
990
151 Emerson Street
990
10 Ewen Road
947
11 Ewen Road
947
4 Fall Fair Way
1911 and 1912
10 Fall Fair Way
1911 and 1912
39 Garinger Crescent
1911
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-358
Property Address
Map Number
15 Great Oak Trail
1934
37 Halson Street
1229
2400 Regional Road 56
1911 and 1912
Part of 2431 Regional Road 56
1912
2441 Regional Road 56
1912
2450 Regional Road 56
1911 and 1912
2451 Regional Road 56
1912
2461 Regional Road 56
1912
2471 Regional Road 56
1912
2474 Regional Road 56
1911 and 1912
2486 Regional Road 56
1911 and 1912
2487 Regional Road 56
1912
2490 Regional Road 56
1911 and 1912
2501 Regional Road 56
1912
2506 Regional Road 56
1911 and 1912
2525 Regional Road 56
1912
2532 Regional Road 56
1911
2537 Regional Road 56
1912
2544 Regional Road 56
1911
2545 Regional Road 56
1912
2550 Regional Road 56
1912
2555 Regional Road 56
1912
2565 Regional Road 56
1911,1912 and 1935
2575 Regional Road 56
1911,1912, 1934 and 1935
2585 Regional Road 56
1934 and 1935
2595 Regional Road 56
1934 and 1935
2600 Regional Road 56
1934
2605 Regional Road 56
1934 and 1935
2610 Regional Road 56
1934
2620 Regional Road 56
1934
2621 Regional Road 56
1934 and 1935
2626 Regional Road 56
1934
2634 Regional Road 56
1934
2640 Regional Road 56
1934
Part of 2641 Regional Road 56
1934 and 1935
2651 Regional Road 56
1934
2666 Regional Road 56
1934
3011 Regional Road 56
1934
3013 Regional Road 56
1934
3029 Regional Road 56
1934
3033 Regional Road 56
1934
3038 Regional Road 56
1934
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-359
Property Address
Map Number
3041 Regional Road 56
1934
3044 Regional Road 56
1934
3046 Regional Road 56
1934
3047 Regional Road 56
1934
3053 Regional Road 56
1934
3056 Regional Road 56
1934
3059 Regional Road 56
1934
3064 Regional Road 56
1934
3065 Regional Road 56
1934
3070 Regional Road 56
1934
3078 Regional Road 56
1934
3079 Regional Road 56
1934
3084 Regional Road 56
1934
3087 Regional Road 56
1934
3097 Regional Road 56
1934
3111 Regional Road 56
1934 and 1956
3125 Regional Road 56
1956
3137 Regional Road 56
1956
3150 Regional Road 56
1956
3153 Regional Road 56
1956
3160 Regional Road 56
1956
3167 Regional Road 56
1956
3168 Regional Road 56
1956
3180 Regional Road 56
1956
3181 Regional Road 56
1956
3190 Regional Road 56
1956
3194 Regional Road 56
1956
3200 Regional Road 56
1956
7 John Street
860
1 King Street East
861
2 King Street East
861
3 King Street East
861
5 King Street East
861
7 King Street East
861
8 King Street East
861
9 King Street East
861
10 King Street East
861
11 King Street East
861
12 King Street East
861
23 King Street East
861
27 King Street East
861
49 King Street East
861
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-360
Property Address
Map Number
1 King Street West
861
2 King Street West
861
3 King Street West
861
7 King Street West
861
9 King Street West
861
10 King Street West
861
11 King Street West
861
12 King Street West
861
13 King Street West
861
14 King Street West
861
15 King Street West
861
18 King Street West
861
19 King Street West
861
21 King Street West
861
22 King Street West
861
24 King Street West
861
25 King Street West
861
26 King Street West
861
28 King Street West
861
32 King Street West
860 and 861
33 King Street West
861
36 King Street West
860 and 861
38 King Street West
860 and 861
40 King Street West
860
41 King Street West
861
43 King Street West
861
44 King Street West
860
45 King Street West
860 and 861
46 King Street West
860
48 King Street West
860
49 King Street West
860 and 861
50 King Street West
860
51 King Street West
860
55 King Street West
860
56 King Street West
860
57 King Street West
860
58 King Street West
860
59 King Street West
860
61 King Street West
860
62 King Street West
860
63 King Street West
860
65 King Street West
860
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-361
Property Address
Map Number
66 King Street West
860
67 King Street West
860
70 King Street West
860
71 King Street West
860
75 King Street West
860
77 King Street West
860
82 King Street West
860
83 King Street West
860
89 King Street West
860
90 King Street West
860
93 King Street West
860
105 King Street West
860
107 King Street West
860
112 King Street West
860
113 King Street West
860
115 King Street West
860
116 King Street West
860
117 King Street West
860
118 King Street West
860
121 King Street West
860
126 King Street West
860
130 King Street West
860
132 King Street West
860
134 King Street West
860
138 King Street West
860
142 King Street West
860
144 King Street West
860
146 King Street West
860
153 King Street West
860
155 King Street West
860
157 King Street West
860
159 King Street West
860
160 King Street West
860
168 King Street West
860
169 King Street West
860
170 King Street West
860
173 King Street West
860
174 King Street West
860
178 King Street West
860
179 King Street West
860
181 King Street West
860
182 King Street West
860
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-362
Property Address
Map Number
183 King Street West
860
184 King Street West
860
186 King Street West
860
190 King Street West
860
194 King Street West
860
195 King Street West
860
199 King Street West
860
200 King Street West
860
203 King Street West
860
207 King Street West
860
209 King Street West
860
732 King Street West
908
734 King Street West
908
736 King Street West
908
738 King Street West
908
742 King Street West
908
746 King Street West
908
750 King Street West
908
754 King Street West
908
756 King Street West
908
766 King Street West
908
768 King Street West
908
772 King Street West
908
775 King Street West
908
777 King Street West
908
780 King Street West
908
782 King Street West
908
784 King Street West
908
785 King Street West
908
789 King Street West
908
790 King Street West
908
791 King Street West
908
797 King Street West
908
802 King Street West
908
804 King Street West
908
811 King Street West
908
816 King Street West
908
824 King Street West
908
832 King Street West
908
840 King Street West
908
848 King Street West
908
850 King Street West
908
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-363
Property Address
Map Number
854 King Street West
908
856 King Street West
908
860 King Street West
908
864 King Street West
908
866 King Street West
907 and 908
868 King Street West
907 and 908
870 King Street West
907 and 908
876 King Street West
907
878 King Street West
907
881 King Street West
907
889 King Street West
907
893 King Street West
907
895 King Street West
907
897 King Street West
907
899 King Street West
907
925 King Street West
907
938 King Street West
907
942 King Street West
907
944 King Street West
907
946 King Street West
907
948 King Street West
907
950 King Street West
907
951 King Street West
907
955 King Street West
907
972 King Street West
907
981 King Street West
907
985 King Street West
907
986 King Street West
907
988 King Street West
907
990 King Street West
907
992 King Street West
907
998 King Street West
907
999 King Street West
907
1000 King Street West
907
1004 King Street West
907
1005 King Street West
907
1006 King Street West
907
1008 King Street West
907
1009 King Street West
907
1011 King Street West
907
1012 King Street West
907
1014 King Street West
907
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-364
Property Address
Map Number
1015 King Street West
907
1018 King Street West
907
1019 King Street West
907
1020 King Street West
907
1023 King Street West
907
1024 King Street West
907
1027 King Street West
907
1028 King Street West
907
1030 King Street West
907
1031 King Street West
907
1033 King Street West
907
1034 King Street West
907
1035 King Street West
907
1036 King Street West
907
1037 King Street West
907
1038 King Street West
907
1041 King Street West
907
1043 King Street West
907
1044 King Street West
907
1045 King Street West
907
1046 King Street West
907
1048 King Street West
907
1049 King Street West
907
1050 King Street West
907
1056 King Street West
907
1059 King Street West
907
1060 King Street West
907
1061 King Street West
907
1066 King Street West
907
1067 King Street West
907
4, 8 Longwood Road North
907
45 Maggie Johnson Drive
1912
3 Main Street
861
8 Main Street
861 and 903
11, 13, 15 Main Street
861 and 903
23 Main Street
861 and 903
24 Main Street
903
26 Main Street
903
28 Main Street
903
30 Main Street
903
32 Main Street
903
34 Main Street
903
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-365
Property Address
Map Number
53 Main Street
903
56 Main Street
903
58 Main Street
903
63 Main Street
903
1481 Main Street West
947
1483 Main Street West
947
1487 Main Street West
947
1501 Main Street West
947
1503 Main Street West
947
1507 Main Street West
947
1546 Main Street West
947
1550 Main Street West
947
1551 Main Street West
947
1554 Main Street West
947
1555 Main Street West
947
1556 Main Street West
947
1557 Main Street West
947
1559 Main Street West
947
1560 Main Street West
947
1561 Main Street West
947
1564 Main Street West
947
1566 Main Street West
947
1568 Main Street West
947
1574 Main Street West
947
1580 Main Street West
947
1590 Main Street West
947
1610 Main Street West
947
1612 Main Street West
947
1629 Main Street West
947
1630 Main Street West
947
1632 Main Street West
947
1635 Main Street West
947
1655 Main Street West
947
8 McMurray Street
860
4, 8 North Oval
907
4 Ogilvie Street
861
5 Ogilvie Street
861 and 903
8 Ogilvie Street
861
10 Ogilvie Street
861
15 Ogilvie Street
903
17 Ogilvie Street
903
21 Ogilvie Street
903
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-366
Property Address
Map Number
4, 8 Paisley Avenue North
907
2, 4 Paisley Avenue South
907
11 Paisley Avenue South
907
224 Cline Avenue North
907
47 Royal Avenue
990
49 Royal Avenue
990
6 Sydenham Street
860
9 Sydenham Street
860
11 Sydenham Street
860
37 Ward Avenue
948
41 Ward Avenue
948
44, 48 Ward Avenue
948
1 Westbourne Road
947
193 Wilson Street East
1228
201 Wilson Street East
1228
213 Wilson Street East
1228
219 Wilson Street East
1228
223 Wilson Street East
1228
231 Wilson Street East
1228
240 Wilson Street East
1228 and 1229
241 Wilson Street East
1228 and 1229
245 Wilson Street East
1228 and 1229
253 Wilson Street East
1228 and 1229
259 Wilson Street East
1228 and 1229
277 Wilson Street East
1229 and 1175
280 Wilson Street East
1229 and 1175
283 Wilson Street East
1175
284 Wilson Street East
1175
286 Wilson Street East
1175
287 Wilson Street East
1175
289 Wilson Street East
1175
Part of 291 Wilson Street East
1129 and 1175
293 Wilson Street East
1175
297 Wilson Street East
1175
300 Wilson Street East
1175
303 Wilson Street East
1175
310 Wilson Street East
1175
311 Wilson Street East
1175
312 Wilson Street East
1175
314 Wilson Street East
1175
323 Wilson Street East
1175
326 Wilson Street East
1175
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-367
Property Address
Map Number
327 Wilson Street East
1175
334 Wilson Street East
1175
335 Wilson Street East
1175
339 Wilson Street East
1175
340 Wilson Street East
1175
342 Wilson Street East
1175
343 Wilson Street East
1175
346 Wilson Street East
1175
347 Wilson Street East
1175
349 Wilson Street East
1175
356 Wilson Street East
1175
363 Wilson Street East
1175
365 Wilson Street East
1175
367 Wilson Street East
1175
371 Wilson Street East
1175
375 Wilson Street East
1175
378 Wilson Street East
1175
380 Wilson Street East
1175
382 Wilson Street East
1175
386 Wilson Street East
1175
389 Wilson Street East
1174 and 1175
392 Wilson Street East
1175
397 Wilson Street East
1175
398 Wilson Street East
1175
400 Wilson Street East
1175
402 Wilson Street East
1175
401 Wilson Street East
1175
406 Wilson Street East
1175
407 Wilson Street East
1175
412 Wilson Street East
1175
413 Wilson Street East
1175
419 Wilson Street East
1175
420 Wilson Street East
1175
425 Wilson Street East
1175
426 Wilson Street East
1175
430 Wilson Street East
1175
436 Wilson Street East
1175
449 Wilson Street East
1124 and 1175
469 Wilson Street East
1124
548 Old Dundas Road
1124
16 Wilson Street West
1281
33 Wilson Street West
1281
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-368
Property Address
Map Number
35 Wilson Street West
1280 and 1281
81 Wilson Street West
1280
88 Wilson Street West
1280
95 Wilson Street West
1280
98 Wilson Street West
1280
110 Wilson Street West
1280
114 Wilson Street West
1280
120 Wilson Street West
1280
124 Wilson Street West
1280
(By-law No. 25-155, August 06, 2025)
(By-law No. 26-051, March 04, 2026)
The following special provisions shall apply:
a)
Notwithstanding Subsections 10.6.3 d), 10.5.3 d) ii) and iii) and
10.5a.3 d) ii) and iii), a maximum building height of 11.0 metres shall
be permitted.
b)
Notwithstanding Clause a), a maximum building height of 9.0 metres
shall be permitted on those lands zoned Mixed Use Medium Density
- Pedestrian Focus (C5a) Zone and described as follows:
Property Address
Map Number
37 Halson Street
1229
193 Wilson Street East
1228
201 Wilson Street East
1228
213 Wilson Street East
1228
219 Wilson Street East
1228
223 Wilson Street East
1228
231 Wilson Street East
1228 and 1229
240 Wilson Street East
1228 and 1229
259 Wilson Street East
1228 and 1229
277 Wilson Street East
1229 and 1175
280 Wilson Street East
1229 and 1175
283 Wilson Street East
1175
284 Wilson Street East
1175
286 Wilson Street East
1175
287 Wilson Street East
1175
289 Wilson Street East
1174 and 1175
293 Wilson Street East
1175
297 Wilson Street East
1175
300 Wilson Street East
1175
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-369
Property Address
Map Number
303 Wilson Street East
1175
310 Wilson Street East
1175
311 Wilson Street East
1175
312 Wilson Street East
1175
314 Wilson Street East
1175
323 Wilson Street East
1175
326 Wilson Street East
1175
327 Wilson Street East
1175
334 Wilson Street East
1175
335 Wilson Street East
1175
339 Wilson Street East
1175
340 Wilson Street East
1175
342 Wilson Street East
1175
343 Wilson Street East
1175
346 Wilson Street East
1175
347 Wilson Street East
1175
356 Wilson Street East
1175
363 Wilson Street East
1175
365 Wilson Street East
1175
367 Wilson Street East
1175
371 Wilson Street East
1175
375 Wilson Street East
1175
378 Wilson Street East
1175
380 Wilson Street East
1175
389 Wilson Street East
1175
392 Wilson Street East
1175
397 Wilson Street East
1175
398 Wilson Street East
1175
400 Wilson Street East
1175
401 Wilson Street East
1175
402 Wilson Street East
1175
406 Wilson Street East
1175
407 Wilson Street East
1175
412 Wilson Street East
1175
413 Wilson Street East
1175
419 Wilson Street East
1175
420 Wilson Street East
1175
425 Wilson Street East
1175
426 Wilson Street East
1175
430 Wilson Street East
1175
436 Wilson Street East
1175
449 Wilson Street East
1124 and 1175
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-370
Property Address
Map Number
469 Wilson Street East
1124
(NOT FINAL AND BINDING: By-law No. 17-240, November 8, 2017)
571. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1177 of Schedule "A" - Zoning Maps and described as 737 and
771 Golf Links Road, the following special provision shall apply:
a)
Notwithstanding Subsection 10.5.1 and in addition to Subsection
10.5.2, a department store and grocery store shall also not be
permitted.
(By-law No. 17-240, November 8, 2017)
572. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1175 of Schedule "A" - Zoning Maps and
described as 393 Wilson Street East, the following special provisions shall
apply:
a)
In addition to the definition of Landscaping in Section 3: Definitions,
for the purposes of Special Exception No. 572, the definition of
Landscaping may also include a transformer pad.
b)
General Provisions
ii)
Notwithstanding Subsection 4.6 a),
1.
The eaves and troughs for the building may be permitted
in any yard provided that no such feature shall project more
than 0.7 metres into any minimum side yard, or 1.6 metres
into any minimum front or minimum rear yard; and,
2.
The eaves and troughs for an accessory structure shall not
extend more than 0.3 metres into a required yard.
iii)
Notwithstanding Subsections 4.8.1 b) to h), the following special
regulations shall apply:
1.
Accessory buildings shall not be located in a side yard;
2.
Accessory buildings shall be located a minimum of 0.75
metres from any lot line;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-371
3.
The maximum Gross Floor Area for accessory buildings
shall be 90 square metres provided the coverage of all
buildings on the lot does not exceed a Maximum Lot
Coverage of 30%; and,
4.
The maximum height for accessory buildings shall be 4.5
metres.
c)
Parking Regulations
i)
Notwithstanding Subsections 5.1 a) ii), iii) and iv), and 5.2 b),
d), f), h) and i), each parking space shall:
1.
Parking areas may be located within 150 metres of the lot
occupied by the commercial building, subject to a
registered agreement that such areas shall be reserved for
the exclusive use of the subject commercial building;
2.
Each parking space shall have a minimum width of 2.6
metres and a minimum length of 5.5 metres; and,
3.
Each barrier free parking space shall have a minimum
width of 3.5 metres and a minimum length of 5.5 metres.
ii)
In addition to Sections 5 and 10.5a, the following regulations
shall also apply:
1.
Each commercial parking space shall be maintained for
the shared use between the commercial use and the
residential visitor use;
2.
Each commercial parking space shall have a sign erected
and legibly marked that the parking spaces are for the use
of both the commercial and residential visitor parking;
3.
Each commercial parking space shall be maintained
readily accessible for either use, free and clear of all
obstructions;
4.
Any below-grade communal parking structure shall require
a minimum side yard and minimum rear yard setback of
1.5 metres and shall require from any street line the same
setback as the principal building; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-372
5.
All parking areas containing four or more spaces shall
have lighting sufficient in intensity and number to provide
for public safety, such lighting shall be directed away from
abutting properties and streets, and the equipment shall be
permanently maintained.
iii)
Notwithstanding Subsection 5.6 c), parking spaces shall be
provided and maintained at a rate of:
Dwelling Unit
2.0 per unit
Commercial Unit 3.0 per unit
d)
Notwithstanding Subsections 10.5a.1 and 10.5a.2 i), only the
following uses shall be permitted:
i)
Artist Studio
ii)
Auctioneer Establishment
iii)
Catering Service
iv)
Child Care Centre
v)
Commercial Recreation
vi)
Commercial School
vii)
Community Garden
viii)
Craftsperson Shop
ix)
Dwelling Unit, Mixed Use
x)
Financial Establishment
xi)
Funeral Home
xii)
Office
xiii)
Personal Service
xiv)
Post Office
xv)
Restaurant
xvi)
Repair Service
xvii)
Retail
xviii) Tradesperson's Shop
xix)
Urban Farm
xx)
Urban Farmer's Market
e)
In addition to Subsection 10.5a.1.1 i) and ii), the following uses shall
be permitted in accordance with the following restrictions:
i)
Uses Only Permitted on the Ground Floor
1.
One (1) commercial ground floor unit having a maximum
gross floor area of 54 square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-373
ii)
Uses Only Permitted Above the Ground Floor
1.
Notwithstanding Subsection 10.5a.1, a maximum of six
(6) dwelling units shall be permitted above the ground
floor; and,
2.
Notwithstanding Clause e) ii) 1., access, parking areas,
accessory office and utility areas for the residential uses
may be provided at the ground level.
f)
In addition to Subsection 10.5a.2, the following uses shall be
prohibited, even as an accessory use:
i)
Laboratory
ii)
Medical Clinic
iii)
Private Club or Lodge
g)
Notwithstanding Subsections 10.5a.3, 10.5a.6 and 10.5a.7, the
following regulations shall apply:
i)
Maximum Lot Coverage
62%
ii)
Maximum
Building
Setback
from a Streetline
3.4 metres
iii)
Minimum Rear Yard
12 metres
iv)
Maximum Height
10.8 metres
v)
Minimum Landscape Coverage
30%
(By-law No. 17-240, November 8, 2017)
(By-law No. 21-189, October 13, 2021)
(By-law No. 25-155, August 06, 2025)
573. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Maps 481 and 482 of Schedule "A" - Zoning
Maps and described as 61 Hamilton Street North, the following special
provision shall apply:
a)
In addition to Subsection 10.5a.1, the existing Building and Lumber
Supply Establishment shall also be permitted.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-374
(By-law No. 17-240, November 8, 2017)
(By-law No. 22-071, April 13, 2022)
574. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 999 of Schedule "A" - Zoning Maps and described as 1099 and
1101 Cannon Street East and 164 Kensington Avenue North, the following
special provision shall apply:
a)
In addition to Subsection 10.2.1, the manufacturing of pasta products
shall also be permitted.
(By-law No. 17-240, November 8, 2017)
575. Within the lands zoned Community Commercial (C3) Zone, identified on
Maps 954 and 955 of Schedule "A" - Zoning Maps and described as 24 to
60 Sanford Avenue North, the following special provision shall apply:
a)
In addition to Subsection 10.3.1, a Warehouse shall also be
permitted.
(By-law No. 17-240, November 8, 2017)
576. Within the lands zoned Community Commercial (C3) Zone, identified on
Map 1100 of Schedule "A" - Zoning Maps and described as 518 Fruitland
Road, the following special provision shall apply:
a)
Notwithstanding Subsection 10.3.1, permitted uses shall be limited to
a Restaurant, private club, Office or any similar use within the existing
building provided that the basic structure and character of the building
is maintained.
(By-law No. 17-240, November 8, 2017)
577. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 1051 of Schedule "A" - Zoning Maps and described as 199 and
213 North Service Road, the following special provisions shall apply:
a)
In addition to Subsection 10.2.1, the following uses shall also be
permitted:
i)
Sales and service of lawn and marine equipment
ii)
Lawn and garden centre
iii)
Growing and retail sales of greenhouse produce and uses
accessory thereto
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-375
b)
In addition to Subsection 10.2.2 and notwithstanding Subsection
10.2.1, the following uses shall also be prohibited:
i)
Any residential use
ii)
Any outdoor operations and outdoor display
c)
Notwithstanding Subsection 10.2.3 l) the following regulation shall
also apply:
i)
A maximum of 310.0 square metres of outdoor storage area
shall be permitted and shall be totally enclosed by a fence
having a minimum height of 1.8 metres and screened from view
of the North Service Road by landscaping, decorative walls or
any combination thereof.
(By-law No. 17-240, November 8, 2017)
578. Within the lands zoned Mixed Use Medium (C5) Zone, identified on Map
1178 Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
1000 Golf Links Road
1178
1136 Golf Links Road
1178
The following special provisions shall apply:
a)
In addition to Subsection 10.5.2, fast food restaurants and restaurants
with drive-through service shall be prohibited.
b)
The maximum Gross Floor Area of Food Store and Department Store
shall be 950 square metres per individual establishment.
c)
The following regulations shall apply to 1000 Golf Links Road:
i)
Notwithstanding the definition of Lot Line - Front in Section 3:
Definitions, the front lot line shall be defined as the lot line
flanking Golf Links Road.
ii)
Notwithstanding Subsection 10.5.3 b) and c) the following
regulations shall apply:
1)
Minimum Rear Yard
11.0 metres.
2)
Minimum Easterly Side
Yard
3.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-376
iii)
Notwithstanding Subsection 5.6 c), a minimum of 109 parking
spaces and 4 handicapped parking spaces shall be provided.
d)
Notwithstanding Subsection 10.5.3 b) and c), the following
regulations shall apply to 1136 Golf Links Road for a Motor Vehicle
Gas Bar:
i)
Minimum Rear Yard
3.0 metres.
ii)
Minimum Side Yard
3.0 metres.
(By-law No. 17-240, November 8, 2017)
579. Within the lands zoned Neighbourhood Commercial (C2) Zone and
Community Commercial (C3) Zone, identified on Maps 1100, 1145, 1146,
1185, 1194, 1196, 1198, 1199, 1205, 1247, 1248, 1249, 1251, 1252, 1259,
1260, 1305, 1306, 1403, 1405, 1454, 1503 and 1640 of Schedule "A" -
Zoning Maps and described as:
Property Address
Map Number
168 Barton Street
1145
178 Barton Street
1145
188 Barton Street
1145
198 Barton Street
1145
210 Barton Street
1145
214 Barton Street
1145
232 Barton Street
1146
274 Barton Street
1146
276 Barton Street
1146
386 Barton Street
1198
412 Barton Street
1198
520 Barton Street
1199
2800 Barton Street East
1145
2806 Barton Street East
1145
2814 Barton Street East
1145
2820 Barton Street East
1145
2824 Barton Street East
1145
2842 Barton Street East
1145
1365 Baseline Road
1259
1367 Baseline Road
1259
92 Centennial Parkway South
1194
500 Fifty Road
1259 and 1260
518 Fruitland Road
1100
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-377
Property Address
Map Number
110 Gordon Drummond Avenue
1503
288 Grays Road
1145
294 Grays Road
1145
298 Grays Road
1145
302 Grays Road
1145
304 Grays Road
1145
305 Grays Road
1145
308 Grays Road
1145
309 Grays Road
1145
312 Grays Road
1145
316 Grays Road
1145
80 Green Mountain Road
1405
364 Highway 8
1251
410 Highway 8
1252
411 Highway 8
1252
418 Highway 8
1252
419 Highway 8
1252
420 Highway 8
1252
421 Highway 8
1252
423 Highway 8
1252
424 Highway 8
1252
426 Highway 8
1252
427 Highway 8
1252
430 Highway 8
1252
432 Highway 8
1252
436 Highway 8
1252
438 Highway 8
1252
440 Highway 8
1252
446 Highway 8
1252
448, 450 Highway 8
1252
452 Highway 8
1252
454 Highway 8
1252 and 1305
466 Highway 8
1252 and 1305
483 Highway 8
1252
171 Margaret Avenue
1252
173 Margaret Avenue
1252
520 Highway 8
1305
521 Highway 8
1252 and 1305
538 Highway 8
1305
542, 548 Highway 8
1305 and 1306
570 Highway 8
1306
604 Highway 8
1306
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-378
Property Address
Map Number
100 King Street West
1248
102 King Street West
1247 and 1248
30 Lake Avenue Drive
1248 and 1249
32 Lake Avenue Drive
1248 and 1249
36 Lake Avenue Drive
1248 and 1249
3 Lockport Way
1260
15 Lockport Way
1260
256, 270, 276, 280, 284, 288, 294,
300 Mud Street West
1454
74 Neil Avenue
1194
1050 Paramount Drive
1403 and 1454
Part of 2157 Rymal Road and
Concession 8 Pt Lot 27 SLT SC
RP 62R15203
1596 and 1640
136 - 146 Upper Mount Albion
Road
1502
775-779 Upper Wentworth Street
1185 and 1239
524, 526, 530 Winona Road
1205
The following special provisions shall apply:
a)
Notwithstanding Subsections 10.2.3 e) and 10.3.3 f) and g) the
maximum gross floor area of any individual commercial establishment
shall be 500.0 square metres; and,
b)
Notwithstanding Subsection 10.2.3 h, the maximum gross floor area
of any grouping of commercial uses shall be 1,500.0 square metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
(By-law No. 21-189, October 13, 2021)
(By-law No. 22-084, April 13, 2022)
580. Within the lands zoned District Commercial (C6) Zone, identified on Maps
947, 1710, 1711, 1748, 1749 and 1785 of Schedule "A" - Zoning Maps and
describes as:
Property Address
Map Number
20 Ewen Road
947
22 Ewen Road
947
28 Ewen Road
947
5 Ofield Road
947
58 Ewen Road
947
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-379
Property Address
Map Number
60 Ewen Road
947
8521 Airport Road
1749
8526 Airport Road
1749
8527 Airport Road
1749
8533 Airport Road
1748, 1749
8536 Airport Road
1749
8541 Airport Road
1748, 1749
8552 Airport Road
1748, 1749
8555 Airport Road
1748
8558 Airport Road
1748
9013 Airport Road
1748
9023 Airport Road
1748
9026 Airport Road
1748
9027 Airport Road
1748
9031 Airport Road
1748
9032 Airport Road
1748
9037 Airport Road
1748
9038 Airport Road
1748
9045 Airport Road
1748
9046 Airport Road
1748
9056 Airport Road
1748
9061 Airport Road
1748
9066 Airport Road
1748
9074 Airport Road
1748
9075 Airport Road
1748
9078 Airport Road
1748
9086 Airport Road
1748
9089 Airport Road
1748
9092 Airport Road
1748
9100 Airport Road
1748
9105 Airport Road
1748
Part of 9110 Airport Road
1748
9115 Airport Road
1748
Part of 9120 Airport Road
1748
9125 Airport Road
1748
Part of 9132 Airport Road
1748
9135 Airport Road
1748
9142 Airport Road
1748
9152 Airport Road
1748
9158 Airport Road
1748
9166 Airport Road
1748
9169 Airport Road
1748
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-380
Property Address
Map Number
9174 Airport Road
1748
9178 Airport Road
1748
9181 Airport Road
1748
9184 Airport Road
1748
9189 Airport Road
1748
9191 Airport Road
1748
9192 Airport Road
1748
9197 Airport Road
1748
9202 Airport Road
1748
9205 Airport Road
1748
9210 Airport Road
1748
9213 Airport Road
1748
9220 Airport Road
1748
9221 Airport Road
1748
2910 Homestead Drive
1711
2950 Homestead Drive
1711
2958 Homestead Drive
1711
2965 Homestead Drive
1711
2966 Homestead Drive
1711
2975 Homestead Drive
1711
2976 Homestead Drive
1711
2982 Homestead Drive
1711
2983 Homestead Drive
1711
2990 Homestead Drive
1711
2995 Homestead Drive
1711
3000 Homestead Drive
1711
3002 Homestead Drive
1711
3003 Homestead Drive
1711
3011 Homestead Drive
1711
3012 Homestead Drive
1711
3017 Homestead Drive
1711
3020 Homestead Drive
1711
3022, 3024 Homestead Drive
1710 and 1711
3026 Homestead Drive
1710 and 1711
3034 Homestead Drive
1710 and 1711
3044 Homestead Drive
1710 and 1711
3054 Homestead Drive
1710 and 1711
3055 Homestead Drive
1749 and 1171
3063 Homestead Drive
1749
3091 Homestead Drive
1748 and 1949
3102 Homestead Drive
1748
3114, 3116 Homestead Drive
1748
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-381
Property Address
Map Number
3117 Homestead Drive
1748 and 1949
3124 Homestead Drive
1748
3127 Homestead Drive
1748 and 1949
3129 Homestead Drive
1748
3130 Homestead Drive
1748
3136 Homestead Drive
1748
3141 Homestead Drive
1748
3144 Homestead Drive
1748
3145 Homestead Drive
1748
3151 Homestead Drive
1748
3150 Homestead Drive
1748
3154 Homestead Drive
1748
3155 Homestead Drive
1748
3200 Homestead Drive
1748
3201 Homestead Drive
1748
3210 Homestead Drive
1748
3219 Homestead Drive
1748
3223 and 3231 Homestead Drive
1748
Part of 3234 Homestead Drive
1748
2910 Upper James Street
1711
2918 Upper James Street
1711
The following special provision shall apply:
a)
Notwithstanding Subsection 10.6.1 and in addition to Subsection
10.6.2, the following uses shall be prohibited:
i)
Child Care Centre
ii)
Dwelling Unit(s)
iii)
Multiple Dwelling
(NOT FINAL AND BINDING: By-law No. 17-240, November 8, 2017)
(By-law No. 25-155, August 06, 2025)
581. Within the lands zoned Neighbourhood Commercial (C2) Zone, Community
Commercial (C3) Zone, Mixed Use Medium Density (C5) Zone and Mixed
Use Medium Density - Pedestrian Focus (C5a) Zone, identified on Maps
861, 862, 902 and 903 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
41 Baldwin Street
903
45 Baldwin Street
903
47 Baldwin Street
903
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-382
Property Address
Map Number
4 Cootes Drive
903
10 Cootes Drive
903
16 Cootes Drive
903
32 Cootes Drive
903
33, 35 Cootes Drive
861 and 903
39 Cootes Drive
861 and 903
40 Cootes Drive
903
42 Cootes Drive
903
47 Cootes Drive
861
50 Cootes Drive
903
10 Court Street
861 and 903
11 Court Street
861 and 903
25 Court Street
903
27 Court Street
903
29 Court Street
903
81 Dundas Street
903
1 East Street North
861 and 862
3 East Street North
861
7 Governors Road
903
10 Governors Road
903
2 Hatt Street
903
6 Hatt Street
903
122 Hatt Street
860 and 902
33 King Street East
861
49 King Street East
861
69 King Street East
861
72 King Street East
861
76 King Street East
861
78 King Street East
861
80 King Street East
861 and 903
82 King Street East
861
84 King Street East
861
86 King Street East
861
90 King Street East
861
92 King Street East
861
94 King Street East
861
96 King Street East
861
106 King Street East
861
108 King Street East
861
124 King Street East
862
140 King Street East
862
RCP 14111 Pt Lot 8 RP 62R20092 Pt 1
862
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-383
Property Address
Map Number
1 Osler Drive
903
86, 90, 94 Main Street
903
Part of 68 South Street West
903
4 Thorpe Street
861
8 Thorpe Street
861
9 Thorpe Street
861
22 Thorpe Street
903
24 Thorpe Street
903
32 York Road
861
44 York Road
861
48 York Road
861
30 York Street
903
(By-law No. 26-049, March 04, 2026)
The following special provision shall apply:
a)
Notwithstanding Subsections 10.2.1, 10.3.1, 10.5.1 and 10.5a.1, and
in addition to Subsections 10.2.2, 10.3.2, 10.5.2 and 10.5a.2, the
following uses shall be prohibited:
i)
Child Care Centre
ii)
Hospital
iii)
Long Term Care Facility
iv)
Residential Care Facility
v)
Retirement Home
vi)
Warehouse
b)
Notwithstanding Subsection 10.5.3 h), no Habitable Room within a
Dwelling Unit(s) or Multiple Dwelling shall be permitted in a basement
or cellar.
c)
Clause a) shall not apply on those lands zoned Community
Commercial (C3) Zone and described as:
Property Address
Map Number
122 Hatt Street
860 and 902
7 Governor's Road
903
10 Governor's Road
903
86, 90, 94 Main Street
903
d)
Notwithstanding Section 10.5.3c), for lands located at 51 - 55
Cootes Drive and 110 King Street East, the following regulation
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-384
i)
Minimum Interior Side
Yard
1.3 metres shall be provided
along the southerly portion of the
building facing Cootes Drive.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
(Zoning By-law No. 23-079, May 10, 2023)
(By-law No. 25-155, August 06, 2025)
582. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 445 and 481 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
115 Hamilton Street North
445 and 481
a)
Notwithstanding Section 4.12 (f)(ii), for the lands located at 115
Hamilton Street North, expansions to buildings legally existing at the
date of the passing of the by-law may be permitted provided the total
expansion of the gross floor area of all the buildings on the site does
not exceed 1,475 square metres.
(By-law No. 17-240, November 8, 2017)
(by-law No. 22-071, April 13, 2022)
583. Within the lands zoned District Commercial (C6) Zone, identified on Maps
444 and 445 of Schedule "A" - Zoning Maps and described as the
southeasterly portion of 619 Centre Road and 645 Wigood Drive, the
following special provisions shall apply:
a)
In addition to Subsection 10.6.1, the following use shall also be
permitted:
i)
Multiple Dwellings
ii)
Retirement Home
b)
Notwithstanding Subsection 10.6.1 and in addition to Subsection
10.6.2, the following uses shall also be prohibited:
i)
Hotel
ii)
Motor Vehicle Rental Establishment
iii)
Motor Vehicle Service Station
iv)
Motor Vehicle Washing Establishment
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-385
c)
Notwithstanding Subsection 10.6.1.1i)1.A. the following regulation
shall apply:
i)
A minimum of 1,858.0 square metres of Commercial gross floor
area shall be provided within the extent of the lands subject to
Special Exception No. 583.
(By-law No. 17-240, November 8, 2017)
584. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 414 of Schedule "A" - Zoning Maps and described as Part of 485
Dundas Street East, the following special provisions shall apply:
a)
In addition to Subsection 10.5.1 the following use shall also be
permitted:
i)
Live-Work Unit
b)
In addition to Section 3: Definitions, for the purpose of Special
Exception No. 584, the following definition shall apply:
Live-Work Unit
A
street
townhouse
or
townhouse
dwelling that may contain residential uses
and the following commercial uses on the
ground floor:
Retail;
Personal Service;
Service Shop;
Office; and,
Dry Cleaning Distribution Station.
c)
Notwithstanding the definition of Lot Line - Front in Section 3:
Definitions, Sections 4.6 a), d), e), f), 5.6 c), 10.5.3 a), b), c), d), g) v),
and j, the following regulations shall apply to the use identified in
Clause a):
i)
Minimum Lot Area
165.0 square metres;
ii)
Minimum Lot
Frontage
6.0 metres;
iii
Maximum Height
12.5 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-386
iv)
Minimum Front
Yard Setback
1.5 metres;
v)
Minimum Rear
Yard Setback
6.0 metres;
vi)
Minimum Interior
Yard Setback
1.2 metres, except for the side yard
related to the common wall of the street
townhouses, in which case a minimum
side yard of 0.0 metres shall be
provided.
vii) Minimum Exterior
Yard Setback
2.5 metres;
viii) Planting Strip
Section 5.2 v) b) shall not apply.
ix)
Yard Encroachments
Structure or
Item
Yard Into
Which
Encroachment
is Permitted
Maximum
Encroachment
Permitted Into
Required Yard
Sills,
beltcourses,
cornices,
fireplaces,
chimney
breasts,
pilasters,
eaves, or
gutters
All
0.65 metres
Bay, Bow or
Box Window
with our without
a foundation
Required front,
required rear,
and required
exterior side
yard
1.0 metres plus
a further 0.3
metres for
eaves
Steps,
enclosed and
Required front,
required rear,
and required
Porches - 2.0
metres;
Steps - 0.6
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-387
unenclosed
porches
exterior side
yard
metres from
the streetline
Setback of all
structures from
a corner sight
triangle on a
common
element road
Required front,
required rear,
and required
exterior side
yard
0.3 metres
minimum
setback from
the hypotenuse
of a sight
triangle
x)
Principal building entrances for Commercial uses shall face
Spring Creek Drive which shall be deemed the front yard.
x)
Spring Creek Drive shall be deemed the front lot line.
xii)
Notwithstanding Section 5.6, any commercial uses at-grade
shall be exempt from the applicable parking requirement.
xiii) Commercial Uses - permitted only within the at-grade portion
of the unit except accessory storage may be permitted on
floors below grade.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
585. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 414 of Schedule "A" - Zoning Maps and described as 493 Dundas
Street East, the following special provisions shall apply:
a)
Notwithstanding Subsections 10.5.1, only the following uses shall be
permitted within the building existing as of August 14, 2015, and any
additions and alterations to the building existing as of August 14,
2015:
i)
Uses existing as of August 14, 2015, not in conjunction with
any other permitted use
ii)
Art Gallery, Museum or Public Use
iii)
Custom Work Shop
iv)
Financial Institution
v)
Funeral Home
vi)
Personal Service
vii)
Office
viii) Retail
ix)
Service Shop
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-388
b)
Notwithstanding Subsection 5.1a)v)b), 5.2b)i), 5.2f), and 5.2i) the
following regulations shall also apply:
i)
Parking Space Access
A minimum two-way access
driveway width of 6.0 metres
shall be provided except for a
minimum
two-way
access
driveway width of 5.0 metres
which shall be provided to
provide vehicular access to the
westerly portion of the parking
lot.
ii)
Dimensions of Parking
Spaces
All required surface parking
spaces shall have minimum
dimensions of 2.5 x 5.8 metres.
iii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.1
metres by 5.8 metres shall be
provided.
iv)
Subsection 5.1a)v)b) shall not apply.
c)
In addition to Subsection 10.5.3g) vi), and notwithstanding
Subsections 10.5.3a), b), g)ii), iii), iv), and vii), and i) the following
regulations shall also apply:
i)
Maximum Yard
Abutting a Street
14.2 metres
ii)
Minimum Rear Yard
Setback
1.0 metres
iii)
Principal Entrance of
the Building
A minimum of one principal entrance
shall be provided on the west building
façade of the building, and shall be
accessible from the building façade
with direct access from the public
sidewalk.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-389
iv)
Rear Yard Planting
Strip
A minimum of 1.0 metres planting strip
shall be provided between the rear lot
line and the garage.
v)
Location of Parking
Spaces
Parking
spaces
and
driveway
providing access to the parking
spaces shall be permitted in the front
yard located within 5.5 metres from the
front lot line, and shall be permitted
between the building and the west lot
line.
vi) Subsections 10.5.3g)ii) and iii) shall not apply
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
586. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1457, 1505, 1506 of Schedule "A" - Zoning Maps and described as 3
Green Mountain Road and 333 Upper Centennial Parkway, the following
special provisions shall apply:
a)
In addition to Subsection 10.7.1, uses permitted under Subsection
10.6.1 shall also be permitted.
b)
Notwithstanding Subsection 10.7.3 b), 10.7.4 c), the following shall
apply for a Motor Vehicle Service Station and a Car Washing
Establishment on a property located at 3 Green Mountain Road:
i)
Minimum Rear Yard
1.5 metres
ii)
Minimum Landscape
Open Space
A landscaped strip shall only be
required adjacent to every portion of
any lot line that abuts any street,
except for points of ingress and
egress, and be a minimum width of
3.2 metres.
iii)
Width of Entrance
and Exit Ramp
The width of an entrance or exit ramp
shall be not more than 12.9 metres
abutting Upper Centennial Parkway
and 12.4 metres abutting Green
Mountain Road West. The width of an
entrance or exit ramp shall be not less
than 9.0 metres along either street.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-390
iii)
Additional features
of a Landscape Strip
A gateway feature shall be required
within the Landscaped Strip at the
corner of Green Mountain Road West
and Upper Centennial Parkway which
may include, but not be limited to, a
decorative wall, signage, lighting and
/ or metal works.
(By-law No. 17-240, November 8, 2017)
587. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1505, 1456 of Schedule "A" - Zoning Maps and described as 272 First
Road West, the following special provisions shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be
permitted:
i)
Uses permitted under Section 10.6.1
ii)
Library
iii)
Movie Theatres
b)
In addition to Clause a) above, the following regulations shall also
apply:
i)
Maximum Gross Floor
Area for Individual
Commercial Uses
10,000 square metres.
ii)
Maximum Total Gross
Floor Area for Office
2,000 square metres.
(By-law No. 17-240, November 8, 2017)
588. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1505 and 1552 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
Part of 219 Upper Centennial Parkway
1552, 1505
225 Upper Centennial Parkway
1505
Part of 237 Upper Centennial Parkway
1505
249 Upper Centennial Parkway
1505
The following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-391
a)
In addition to Subsections 10.7.1, the following uses shall also be
permitted:
i)
Place of Worship
ii)
Child Care Centre
b)
In addition to Subsection 10.7.3 f), a 15 metres landscaped area shall
be provided and maintained along the Upper Centennial Parkway lot
line.
(NOT FINAL AND BINDING: By-law No. 17-240, November 8, 2017)
(By-law No. 25-155, August 06, 2025)
589. Within the lands zoned Mixed Use Medium Density (C5) Zone and Arterial
Commercial (C7) Zone, identified on Maps 1548, 1549, 1593, 1594 of
Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
Portions of 1645 Rymal Road East
1548
1655 Rymal Road East
1548
1825 Rymal Road East
1548
1829 Rymal Road East
1548
Portions of 1831 Rymal Road East
1548
1835 Rymal Road East
1548
1837 Rymal Road East
1548
1841 Rymal Road East
1548
1843 Rymal Road East
1548
1845 Rymal Road East
1548
1847 Rymal Road East
1548
1865 Rymal Road East
1548, 1593
1869 Rymal Road East
1548, 1593
1873 Rymal Road East
1549, 1593, 1594
1877 Rymal Road East
1594
1883 Rymal Road East
1594
1885 Rymal Road East
1594
1889 Rymal Road East
1594
1893 Rymal Road East
1594
1897 Rymal Road East
1594
1899 Rymal Road East
1594
1901 Rymal Road East
1594
1907 Rymal Road East
1594
1911 Rymal Road East
1594
1925 Rymal Road East
1594
1933 Rymal Road East
1594
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-392
Property Address
Map Number
1937 Rymal Road East
1594
1941 Rymal Road East
1594
The following special provisions shall apply:
a)
In addition to Subsection 10.5.2 and notwithstanding Subsection
10.5.1, the follow use shall also be prohibited:
i)
Hotel
b)
Notwithstanding Subsection 10.5.3 d), the maximum height shall be
14.0 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 21-189, October 13, 2021)
590. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 909 and 951 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
74 New Street
909
76 New Street
909
78 New Street
909
448 Main Street West
909
450 Main Street West
909
451 Main Street West
909
452 Main Street West
909
453 Main Street West
909
455 Main Street West
909
457 Main Street West
909
459 Main Street West
909
460 Main Street West
909
461 Main Street West
909
463 Main Street West
909
465 Main Street West
909
454 Jackson Street West
909 and 951
456 Jackson Street West
909 and 951
25 Dundurn Street South
909
33 Dundurn Street South
909
35 Dundurn Street South
909
37 Dundurn Street South
909
39 Dundurn Street South
909
41 Dundurn Street South
909
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-393
Property Address
Map Number
47 Dundurn Street South
909
49 Dundurn Street South
909
51, 53 Dundurn Street South
909
57 Dundurn Street South
909
59 Dundurn Street South
909
61 Dundurn Street South
909
63 Dundurn Street South
909
67 Dundurn Street South
909
71 Dundurn Street South
909
75 Dundurn Street South
909
91 Dundurn Street South
909
93 Dundurn Street South
909
95 Dundurn Street South
909
a)
Notwithstanding Subsection 10.5.1 and in addition to Subsection
10.5.2, the following uses shall also be prohibited:
i)
Motor Vehicle Gas Bar
ii)
Motor Vehicle Washing Establishment
(By-law No. 17-240, November 8, 2017)
591. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
1046 of Schedule "A" - Zoning Maps and described as Part of 221 Melvin
Avenue, the following special provisions shall apply:
a)
In addition to Subsection 10.7.1, parking lot serving the Multiple
Dwelling located at 221 Melvin Avenue shall also be permitted.
(By-law No. 17-240, November 8, 2017)
592. With the lands zoned Parking (U3) Zone, identified on Map 1124 of
Schedule "A" - Zoning Maps and described as 0 Old Dundas Road the
following special provisions shall apply:
a)
Notwithstanding Subsection 12.3.1, with an approximate frontage of
43 metres and depth of 72 metres, shall only be used for a parking
area in conjunction with the commercial uses permitted on 548 Old
Dundas Road.
(By-law No. 17-240, November 8, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-394
593. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 482 of Schedule "A" - Zoning Maps and described as 272 Dundas
Street East, the following special provisions shall apply:
a)
Notwithstanding Subsection 10.2.3b), c), d) and j) and in addition to
Section 5.1 v), the following regulations shall apply:
i)
Maximum Height
12.0 metres.
ii)
Minimum Lot
Coverage
46%.
iii)
Minimum Rear Yard
0.0 metres shall be provided to the
decorative archway which forms part
of the principal building.
iv)
Minimum Interior Side
Yard
0.0 metres shall be provided to a
decorative archway which forms part
of the principal building.
v)
Planting Strip
Requirements abutting
a Street
No Planting Strip shall be provided
across all lot lines adjacent to a street.
vi)
Planting Strip
Requirements abutting
Rear and Interior Side
Lot Lines
No Planting Strip shall be provided
along the rear and interior side lot line.
vii)
Parking Area Location
The parking area shall be 0.0 metres
from the boundary of a residential
zone.
viii)
Underground Parking
Area
The underground parking area shall be
0.0 metres from any lot line.
b)
Notwithstanding Subsection 10.2.1 and in addition to Subsection
10.2.2, the following uses are prohibited, even as an accessory use:
Motor Vehicle Service Station
Motor Vehicle Gas Bar
(By-law No. 17-240, November 8, 2017)
(By-law No. 22-071, April 13, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-395
594. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 860 and 902 of Schedule "A" - Zoning Maps and described as 65
Hatt Street, the following special provisions shall apply:
a)
In addition to Subsection 10.5.1, the following use shall also be
permitted and only within the building existing as of August 16, 2013:
a)
Craft Brewery
b)
In addition to Section 3: Definitions, for the purpose of Special
Exception No. 594, the following definition shall apply:
Craft Brewery
A facility at which malt beverages
fermented
on
the
premises
are
packaged and sold for distribution,
retail, or wholesale. The facility may
include retail sales, tours, and a
hospitality and tasting area, but shall
not include a restaurant, tavern, bar,
night club, or take-out food service.
c)
The following regulation shall apply to the use identified in Clause a)
above:
Maximum Gross
Floor Area
The maximum gross floor area devoted
to the retail and tasting component of the
Craft Brewery shall not exceed 450.0
square metres.
(By-law No. 17-240, November 8, 2017)
595. Within the lands zoned District Commercial (C6) Zone, identified on Map
1711 of Schedule "A" - Zoning Maps and described as 3017 Homestead
Drive, the following special provision shall apply:
a)
In addition to Subsections 10.6.1, and notwithstanding Subsection
10.6.2, the following uses shall also be permitted:
i)
Garden Centre
ii)
A Single Detached Dwelling on the same lot existing on the date
of the passing of this By-law
b)
In addition to Subsection 10.6.2 and notwithstanding Subsection
10.6.1, the following uses shall be prohibited:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-396
i)
Boat and/or motorized snow vehicle sales establishments
ii)
Cold storage locker establishments
iii)
Dairies
iv)
Farm equipment sales establishments
v)
Recreational vehicle sales establishments
vi)
Taxi Establishment
vii)
Motor Vehicle Service Station
c)
Notwithstanding Subsection 10.6.3 c), a minimum southerly side yard
of 2.3 metres shall be provided and maintained.
d)
In addition to Subsections 10.6.1, the single detached dwelling
existing on the date of the passing of this By-law, and buildings and
structures accessory thereto shall be permitted as an ancillary
residential use to the garden centre.
(By-law No. 17-240, November 8, 2017)
596. Within the lands zoned Mixed Use Medium Density Pedestrian Focus
(C5a) Zone, identified on Map 1935 of Schedule "A" - Zoning Maps and
described as 2605 Binbrook Road East, the following special provision
shall apply:
a)
Notwithstanding Subsections 10.5a.1, permitted uses shall be limited
to the following:
i)
Financial Establishment
ii)
Retail
iii)
Commercial School
iv)
Child Care Centre
v)
Personal Service
vi)
Funeral Home
vii)
Hotel
viii) Office
ix)
Studio
x)
Commercial Entertainment
xi)
Place of Assembly
xii)
Restaurant
xiii) Veterinary Service
xiv) Dwelling Unit
b)
Dwelling units are permitted above any use permitted on the ground
floor. Dwelling units are permitted on the ground floor (but not in a
basement or cellar) but shall not be located on the portion of the
ground floor facing Binbrook Road East or Southbrook Drive.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-397
c)
Notwithstanding Subsections 10.5a.3 a), c) and d), the following
regulations shall also apply to the uses identified in Clause a):
i)
Minimum Front Yard
0.0 metres
ii)
Minimum Side Yard
0.0 metre except 7.5 metres abutting a
side lot line which is the boundary of any
Residential or Institutional Zone.
iii) Maximum Height
10.7 metres but a maximum height of 14.1
metres is permitted to the top of an
ornamental
dome
or
other
such
architectural feature.
d)
In addition to Subsection 5.1 a) v), no parking space or part thereof
shall be located and no land shall be used for the temporary parking
or storage of any motor vehicle within 1.5 m of the boundary of any
Residential Zone or within 1.25 m of any Institutional Zone.
e)
Notwithstanding Subsections 10.5a.3 i) and j), a landscaped area in
the form of a planting strip having a minimum width of 1.5 m and a
fence having a minimum height of 1.8 m shall be provided and
thereafter maintained adjacent to every portion of any lot line that
abuts a Residential Zone. A landscaped area having a minimum width
of 1.25 m shall be provided and thereafter maintained adjacent to
every portion of any lot line that abuts an Institutional Zone. A
transformer shall be permitted within the planting strips.
f)
In addition to Subsection 5.1a) v) c), a transformer is permitted within
the 3.0 metre planting strip that abuts the street line.
g)
Notwithstanding Subsections 5.2 f), each barrier-free parking space
shall have a minimum width of 4.4 metres and a minimum length of
5.5 metres, except where two (2) barrier-free parking spaces are
located together, a minimum width of 3.5 metres for each space shall
be permitted.
h)
In addition to Subsection 5.1 a) v), where a parking area which is
required to provide for more than four (4) vehicles abuts any
Residential Zone, a landscaped area consisting of a permanently
maintained planting strip with a minimum width of 1.5 m shall be
provided and shall also include fencing to provide a solid and effective
screen. Where a parking area which is required to provide for more
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-398
than four (4) vehicles abuts any Institutional Zone, a landscaped area
with a minimum width of 1.25 m shall be provided.
i)
Notwithstanding Subsection 5.6 c), parking spaces shall be provided
at a rate of 1.25 spaces per residential dwelling unit, and 1 space per
every 34.0 square metres of gross floor area for all other permitted
uses, and visitor parking for the residential uses is permitted to be
shared with parking for other permitted uses.
j)
Notwithstanding Subsection 5.2 b), each parking space shall have a
minimum width of 2.6 metres and a minimum length of 5.5 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 25-155, August 06, 2025)
597. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1434 and 1483 of Schedule "A" - Zoning Maps and described as 1172
Wilson Street West, the following special provision shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be
permitted within the existing building:
i)
Retail
ii)
Personal Service
iii)
Restaurant
iv)
Commercial School
v)
Medical Clinic
vi) Office
vii)
Financial Establishment
(By-law No. 17-240, November 8, 2017)
598. Within the lands zoned Community Commercial (C3) Zone, identified on
Maps 1548 and 1593 of Schedule "A" - Zoning Maps and described as 21
and 31 Trinity Church Road and 1816 Rymal Road East, the following
special provisions shall apply:
a) Notwithstanding Subsection 10.3.1 and in addition to Subsection
10.3.1 10.3.2, the following use shall also be prohibited:
i)
Motor Vehicle Service Station
b) In addition to Subsection 10.3.1 and notwithstanding Subsection
10.3.2, the following use shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-399
i)
Drive-Through Restaurant accessory to a Motor Vehicle Gas
Bar
c) Notwithstanding the definition of Motor Vehicle Gas Bar, Medical
Clinic, and Office in Section 3: Definitions, for the purpose of Special
Exception No. 598, the following definitions shall apply:
Motor Vehicle Gas
Bar
A place with one or more pump islands
consisting of one or more fuel pumps for the
sale of fuel, liquids and small accessories
essential for the operation of motor vehicles,
and may include a shelter and a Motor Vehicle
Washing Establishment accessory to a Motor
Vehicle Gas Bar, but does not include motor
vehicle repairs, oil changes or greasing.
Medical Clinic
A building or part thereof used by qualified
medical
practitioner(s),
dentist(s),
chiropractor(s),
physiotherapist(s),
osteopath(s) or other drugless practitioner(s),
for public or private medical, surgical physio-
therapeutic or other human health purposes,
except when included within or accessory to a
private or public hospital.
Office
Any office where professionally qualified
persons, technical assistants and clerical staff
are employed and where clients receive
advise, but does not include a medical clinic or
personal service shop.
d)
Notwithstanding Subsections 5.1a) v), 5.6 c), 10.3.3 a), b), c), g) and
j), the following regulations shall apply:
i)
Maximum Gross
Leasable Floor Area
of Any Individual
Commercial
Establishment:
Not more than half of the total
leasable floor area provided on the
site.
ii)
Maximum Gross
Leasable Floor Area
2,500 square metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-400
of any Group of Local
Commercial Uses:
iii)
Maximum Gross
Leasable Floor Area
of any Group of
Medical Clinic Uses:
210 square metres
iv)
Minimum Front Yard:
1.3 metres
v)
Minimum Easterly
Side Yard:
4.5 metres
vi)
Minimum Westerly
Side Yard:
3.7 metres (except for a Motor
Vehicle Gas Bar and accessory uses
to a Motor Vehicle Gas Bar, a
Minimum Westerly Side Yard of 25
metres is required)
vii)
Minimum Rear Yard:
1.5 metres
viii)
Minimum Number
of Parking Spaces:
A minimum of one parking space for
every 25.5 square metres of gross
floor area.
ix)
Parking Space
Requirements:
1. A drive-through lane shall have a
minimum width of 4 metres.
2. The access driveway located
between the canopy of a Motor
Vehicle Gas Bar and a Drive-
Through
lane
shall
have
a
minimum width of 4.2 metres.
3. A landscaped area along Rymal
Road East with a minimum
average width of 2 metres but not
less than 1.3 metres shall be
provided
and
thereafter
maintained along the street line,
and it shall be continuous except
for driveways required for access
to such parking area.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-401
4. A landscaped area along Trinity
Church Road with a minimum
width of 3 metres shall be
provided
and
thereafter
maintained along the street line,
and it shall be continuous except
for driveways required for access
to such parking area.
x)
Minimum
Landscaping
Requirements:
A landscape area in the form of a
planting strip having a minimum
width of 4.5 metres and a fence
having a minimum height of 1.8
metres
shall
be
provided
and
thereafter maintained adjacent to
every portion of any lot line that abuts
a Residential Zone or any Zone
where the adjoining land is used for
residential purposes.
e)
Notwithstanding Subsection 5.2b) and 5.2f), the following regulations
shall also apply:
i)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
ii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
599. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
1547 of Schedule "A" - Zoning Map and described as Part of 212 Glover
Road and 0 Rymal Road, the following special provisions shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be
permitted:
i)
Banks, Financial Institutions, and Personal Service
ii)
Food Stores
iii)
Hardware Stores, Beer Store, LCBO Stores, and Drug Store
iv)
Offices
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-402
v)
Retail Stores
vi)
Stores primarily selling apparel, housewares, electronics,
sporting goods, or general merchandise
b)
The maximum total combined gross floor area for uses identified in
Subsection retail, food store, and stores primarily selling apparel,
housewares, electronics, sporting goods, or general merchandise
shall be 10,000 square metres.
c)
The total maximum gross floor area for office shall be 2,000 square
metres.
d)
Maximum gross floor area for all other uses shall not apply.
(By-law No. 17-240, November 8, 2017)
600. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
1499 of Schedule "A" - Zoning Map and described as 1575 Upper Ottawa
Street, the following special provisions shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be
permitted:
i)
Retail
ii)
Personal Service
iii)
Financial Establishment
b)
In addition to Subsection 10.7.3, the following regulation shall apply:
i)
Combined
Maximum Gross
Floor Area for
Office
1,767 square metres for each lot.
ii)
Combined
Maximum Gross
Floor Area for
Retail
1,500 square metres for each lot."
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
(By-law No. 24-137, July 12, 2024)
601. Within the lands zoned District Commercial (C6) Zone, identified on Maps
1413 and 1483 of Schedule "A" - Zoning Maps, and described as:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-403
Property Address
Map Number
111, 115 Portia Drive & 1175, 1179 Wilson
Street West
1434 and 1483
117, 123, 129 Portia Drive & 1183, 1187,
1191 Wilson Street West
1434
The following special provisions shall apply:
a)
In addition to the definition of Retail in Section 3: Definitions, the
following definition shall also apply:
Supermarket:
A store in which various kinds of food and non-food
items are offered or kept for sale, including fresh
meats and fresh produce, provided that the area
devoted to food items is predominant, and the non-
food items may include but are not limited to flowers,
hardware, patent medicines, toiletries, household
supplies, garden supplies, wine, photofinishing,
magazines and videos.
i)
In addition to the definition of Lot in Section 3: Definitions, the
lands described as 111, 115, 117, 123, 129 Portia Drive and
1143, 1175, 1179, 1183, 1187, 1191 Wilson Street West shall
be considered one lot for zoning purposes.
b)
In addition to Subsection 10.6.1, the following uses shall also be
permitted:
i)
Art Gallery
ii)
Auctioneer Establishments
iii)
Building and Lumber Supply Establishment, within a wholly
enclosed building
iv)
Child Care Centre
v)
Cold Storage Locker Establishment
vi)
Commercial Entertainment, within a wholly enclosed building
vii)
Commercial Parking Facility
viii)
Commercial Recreation, within a wholly enclosed building
ix)
Community Garden
x)
Craftsperson Shop
xi)
Educational Establishment
xii)
Financial Establishment
xiii)
Funeral Home
xiv)
Laboratory
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-404
xv)
Library
xvi)
Major Recreational Equipment Sales, Rental and Service
Establishment
xvii)
Manufacturing, limited to a Printing and / or Publishing
Establishment
xviii) Medical Clinic
xix)
Museum
xx)
Office
xxi)
Personal Service
xxii)
Post Office
xxiii) Private Club or Lodge
xxiv) Repair Service
xxv)
Restaurant
xxvi) Retail
xxvii) Supermarket
xxviii) Transportation Depot
xxix) Urban Farm
xxx)
Urban Farmer's Market
c)
In addition to Subsection 10.6.2, the following uses shall also be
prohibited:
i)
Body Rub Parlour
ii)
Department Store
iii)
Dwelling Unit
iv)
Open Storage
d)
Notwithstanding Subsections 5.6 c), 10.6.3 a), b), c), f), g), and in
addition to Subsection 10.6.3 h), the following regulations apply:
i)
Minimum Front
Yard:
1.5 metres, except as provided in Clause
viii) below
ii)
Minimum Side
Yard:
1.5 metres, except where an interior side
yard abuts a private vehicular turnaround,
a 0.0 metre side yard shall be permitted
iii)
Minimum Rear
Yard:
10.0 metres
iv)
Minimum Frontage:
30.0 metres
v)
Maximum Total
Aggregate Gross
4,975 square metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-405
Floor Area for all
uses not including a
Supermarket:
vi)
Maximum Gross
Floor Area for a
Supermarket:
4,725 square metres
vii)
Built Form for New
Development:
Within 20 metres of the Wilson Street
West Lot Line, the minimum façade shall
be greater than or equal to 40% of the
measurement of the Wilson Street Lot
Line, excluding access driveways to
Wilson
Street
West
and
enhanced
bioswale areas, and shall be subject to the
following:
A)
A maximum building setback of 6.0
metres is permitted
B)
A minimum of 40% of the area of the
ground floor façade facing Wilson
Street West shall be composed of
windows and doors, except that 80
metres of façade facing the Wilson
Street West frontage shall be exempt
from this requirement
C) No parking, driveways, drive through
lanes, stacking lanes, or aisles shall
be located between the building
façade facing Wilson Street West and
Wilson Street West
viii) Minimum Planting
Strip:
3.0 metres adjacent to each lot line which
abuts a public street or lot containing a
dwelling comprising one or two dwelling
units (but shall permit the location of
principal buildings, walkways / sidewalks,
retaining walls, curbs, signs, and light
standards within required Planting Strips).
ix)
Minimum Parking
Requirement:
Parking for all uses shall be provided at a
rate of 3.5 spaces for each 93 square
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-406
metres of Gross Floor Area, or part
thereof.
(By-law No. 17-240, November 8, 2017)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
602. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1126, 1127, 1177, 1178, 1179, 1462, 1463, 1501, 1502 of
Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
122 Martindale Crescent
1127, 1179
1775 Stone Church Road East
1452, 1453, 1501, 1502
The following special provisions shall apply:
a)
Notwithstanding Subsection 10.5.3 k), the display of goods or
materials for retail purposes accessory to a Retail use shall be
permitted on any yard;
b)
Notwithstanding Clause a), an Outdoor Storage area shall not be
located on a planting strip, or required parking or loading area; and,
c)
Notwithstanding Subsection 10.5.3 k), an Outdoor Storage area
shall be located 6.0 metres from a Residential or Institutional Zone
or lot containing a residential use, or a lot line fronting onto a street,
and shall be screened or fenced from view.
d)
Notwithstanding Subsection 10.5.3 k), an Outdoor Storage area
attached to a building shall not exceed 500 square metres, or an
area equivalent to 5% of the floor area, whichever is lesser.
(By-law No. 17-240, November 8, 2017)
603. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 1187 of Schedule "A" - Zoning Map and described as 726 Upper
Gage Avenue, the following special provisions shall apply:
a)
Notwithstanding Subsection 5.6 c), for a Medical Clinic, 1 parking
space shall be provided for every 22.0 square metres.
b)
Notwithstanding Subsection 5.2b) and 5.2f), the following regulations
shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-407
i)
Parking Space Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
ii)
Barrier Free Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4 metres
by 5.5 metres shall be provided.
(By-law No. 17-240, November 8, 2017)
604. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1548 and 1593 of Schedule "A" - Zoning Map and described as
Part of 1831 Rymal Road East, the following special provisions shall apply:
a)
Notwithstanding Subsection 10.5.1 and in addition to Subsection
10.5.2, the following uses shall be prohibited, even as an accessory
use:
i)
Drive-Through Facilities
ii)
Motor Vehicle Gas Bar
iii)
Motor Vehicle Washing Establishments
iv)
Motor Vehicle Dealerships
v)
Garden Centres
vi)
Hospitals
vii) Hotels
b)
Notwithstanding Subsection 10.5.1 and in addition to Subsection
10.5.2, the following uses shall be prohibited as a primary use:
i)
Motor Vehicle Service Stations
ii)
Garden Centres
c)
In addition to Subsection 10.5.1, the following uses shall also be
permitted:
i)
Masionettes
ii)
Townhouses
d)
Notwithstanding Subsection 10.5.3 d) ii) and iii), the maximum
building height shall be 16.5 metres, or 4 storeys.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-408
e)
Notwithstanding the definition of Lot Line - Front Lot Line in Section
3: Definitions, and in addition to Section 3: Definitions, for the purpose
of Special Exception No. 604, the following definitions shall apply:
Dwelling -
Masionette:
Means
back
to
back
townhouse
dwellings, containing not more than
sixteen maisonette dwelling units within
a
block
intended
for
maisonette
dwellings.
Dwelling -
Townhouse:
Means a building containing not less than
three and not more than nine dwelling
units with each unit separated by a
common or party wall or walls, with a
separate outside entrance to each unit.
Lot Line - Front Lot
Line:
The frontage along Street "A" of the Draft
Plan of "Part of Lot 33 - Concession 8",
25T-201401, shall be deemed to be the
front lot line.
"Highway" or
"Street"
For the purpose of this Zone, the private
driveway(s) or condominium road(s) are
deemed to be a street(s), and parking,
landscaping and amenity areas are
permitted within the street(s).
f)
Notwithstanding the definition of Lot within Section 3: Definitions,
those lands used for Maisonettes and Townhouses shall be
considered as one lot.
g)
In addition to Subsections 4.6 b), d), f), 5.6 c), f), 10.5.3 a), b), c), d)
and h), the following regulations shall only apply to Maisonettes and
Townhouses:
i)
Minimum Front Yard
0.6 metres
ii)
Minimum Side Yard
6.0 metres for any side yard
including a flankage yard
iii)
Minimum Rear Yard
6.0 metres; except for an end wall
abutting a street, a minimum 2.4 metres
shall be provided and maintained.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-409
iv)
Minimum Distance
Between Buildings
on the Same Lot
A)
12 metres between front walls;
B)
2.4 metres between end walls of a
block townhouse and / or a
block of maisonette units;
C)
12 metres between rear walls of a
block of townhouses and / or a
block of maisonette units
D)
7.0 metres between end walls and
rear walls of a block of townhouse
and / or a block of maisonette units
E)
Separation distance shall not be
applied to individual townhouse or
maisonette units and / or their future
property boundaries created by way
of an application to remove part lot
control and / or established by a
condominium corporation.
v)
Density
A minimum density of 55 units per net
residential hectare and a maximum
density of 75 units per net residential
hectare shall apply.
vi)
Maximum Building
Height
13.5 metres or 3 storeys.
vii)
Maximum Lot
Coverage
Not applicable
viii) Privacy Area per
Unit
Notwithstanding the yard requirements in
Clause i), ii), and iii), each townhouse unit
shall have at least one area which serves
as a privacy area which shall be adjacent
to the dwelling unit and shall have a
minimum depth of 3.5 metres. No privacy
area shall be required for maisonette
units.
ix)
Minimum Landscape
Open Space
20%, except that landscape strips shall
not be required between privacy areas
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-410
and any lot line, nor adjacent to any
portion of any lot that abuts a street.
x)
Parking
Requirement
2 parking spaces for each maisonette and
townhouse dwelling unit, and 0.25 visitors
spaces shall be provided within the
condominium road(s). Tandem parking is
permitted for non-visitors parking spaces.
xi)
Parking Setback
No parking areas may be located closer
than 2.75 metres from a dwelling unit on
the same lot. Future property and / or unit
boundaries
created
through
a
Condominium
Act
or
Planning
Act
application shall not be subject to this
requirement.
xii)
Barrier-free Parking
Space Dimensions
4.4 metres x 5.5 metres
xiii) Yard Encroachment
A)
Stairs may project into any required
front yard a distance of not more
than 3.5 metres;
B)
Bay windows, with or without
foundations, may project into any
required front, rear and / or
flankage yard a distance of not
more than 0.9 metres; and,
C)
Covered porches may project into
any require front yard a distance of
not more than 3.0 metres, and 1.8
metres for a flankage yard.
(By-law No. 17-240, November 8, 2017)
605. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1500, 1546, 1547 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
1308 and 1318 Rymal Road East
Map 1546, 1547
1315 Rymal Road East
Map 1500
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-411
1324 Rymal Road East
Map 1547
1333 Rymal Road East
Map 1500, 1547
1360 Rymal Road East
Map 1547
1361 Rymal Road East
Map 1547
1368 Rymal Road East
Map 1547
1380 Rymal Road East
Map 1547
1384 Rymal Road East
Map 1547
1400 Rymal Road East
Map 1547
1411 Rymal Road East
Map 1500, 1547
145 Dartnall Road
Map 1500, 1547
172 Dartnall Road
Map 1547
173 Dartnall Road
Map 1547
The following special provisions shall apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be
permitted:
i)
Adult Entertainment Parlours
ii)
Body Rub Parlours
b) In addition to Subsection 10.7.1, the following use shall also be
permitted on lands located at 1308 - 1318 Rymal Road East:
i)
Manufacturing
(By-law No. 17-240, November 8, 2017)
(By-law No. 21-189, October 13, 2021)
606. Within the lands zoned District Commercial (C6) Zone, identified on Map
1450 of Schedule "A" - Zoning Maps, and described as 1070 Stone Church
Road East, the following special provisions shall apply:
a)
Notwithstanding the definition of Front Lot Line in Section 3:
Definitions of this By-law, the definition of the Front Lot Line shall
mean any lot line of the lot abutting Stone Church Road East.
b)
Notwithstanding Section 4.20c)i) and ii), an outdoor patio shall be
permitted on the lot where any lot line abuts a Residential Zone, but
shall not be permitted on portions of land between Tunbridge
Crescent and a building.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-412
c)
Notwithstanding Sections 5.1v) and 10.6.4c), parking spaces and
aisles giving direct access to the abutting parking space, shall not
be located within 1.5 metres of a street line or Residential Zone or
Institutional Zone except for points for ingress and egress, and a 1.5
metres planting strip being required and permanently maintained
between the street line and the said parking spaces or aisles.
(By-law No. 17-240, November 8, 2017)
607. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
1499 of Schedule "A" - Zoning Maps, and described as 1112 Rymal Road
East, the following special provision shall apply:
a)
Notwithstanding Subsection 10.7.1, the following uses shall be
permitted within the building existing on the date of the passing of the
By-law:
i)
Medical Clinic
ii)
Office
(By-law No. 17-240, November 8, 2017)
608. In addition to Subsection 9.4.1 of this By-law, within the lands zoned
Business Park Support (M4, 608) Zone, identified on Map 1450 of
Schedule "A" to By-law 05-200 and described as 1439 Upper Ottawa
Street, the following use shall also be permitted:
i)
Computer, Electronic and Data Processing Establishment;
ii)
Outdoor Commercial Patios (accessory to a Restaurant).
(By-law No. 17-115, July 14, 2017)
609. In addition to Subsection 9.4.1 of this By-law, within the lands zoned
Business Park Support (M4, 609) Zone, identified on Map 1450 of
Schedule "A" to By-law 05-200 and described as 1447 Upper Ottawa
Street, the following use shall also be permitted:
i)
Outdoor Commercial Patios (accessory to a Restaurant); and,
ii)
Computer, Electronic and Data Processing Establishment;
(By-law No. 17-115, July 14, 2017)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-413
610. Within the lands zoned General Business Park (M2, 611) Zone, identified
on Map No. 1528 and 1529 of Schedule "A" and described as 620
Tradewind Drive, the following special provisions shall apply:
SPECIAL PROVISIONS FOR "M2, 611" ZONE
In
addition
to
Subsection 9.2.1
The following uses shall also be
permitted:
- Office;
- Restaurant contained within a multi-
unit building; however a stand-alone
restaurant shall be prohibited;
- Medical Office; and,
- Motor
Vehicle
Service
Station
excluding
the
sale
of
fuel,
automotive
accessories
and/or
convenience goods.
(By-law No. 18-231, August 17, 2018)
611. Within the lands zoned General Business Park (M2 611, 678) Zone,
identified on Map Nos. 1528 and 1529 of Schedule "A" - Zoning Maps and
described as 620 Tradewind Drive, Ancaster, the following special
provisions shall apply:
a)
In addition to Section 9.2.1, the following uses shall also be
permitted:
Office
Restaurant
Medical Office
Motor Vehicle Service Station
b)
In addition to the uses permitted in clause a) above, the following
uses shall be permitted in accordance with the following
restrictions:
i)
Restaurant
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-414
A)
Shall only be permitted within a multi-unit building, not as
a standalone use.
ii) Motor Vehicle Service Station
B)
The sale of fuel, automotive accessories and / or
convenience goods shall be prohibited.
(By-law No. 18-231, August 17, 2018)
(NOT FINAL & BINDING, By-law No. 26-164, September 09, 2026)
613. Deleted
(By-law No. 17-151, July 14, 2017)
(By-law No. 21-189, October 13, 2021)
615. Within the lands zoned Community Institutional (I2) Zone, identified on Map
Nos. 1548 and 1549 of Schedule A and described as 26 Upper Mount
Albion Road, the following special provisions shall apply:
a)
In addition to Section 8.2.1, a Multiple Dwelling, for the purposes of
a Residential Care Facility, shall also be permitted;
b)
For the purpose of this By-law, the regulations of Section 8.2.3.1
shall apply to a Multiple Dwelling;
c)
Notwithstanding any of the provisions of Section 8.2 and Section 4.8
the dwelling existing on the date of the passing of this By-law, and
uses, buildings, and structures accessory thereto, shall also be
permitted as an accessory use, including residential for onsite staff;
d)
Sections 5.1 a) v) and 5.1 d) shall not apply; and,
e)
No below grade fuel and chemical storage tanks shall be permitted.
(By-law No. 17-147, July 14, 2017)
616. Deleted
(By-law No. 17-151, July 14, 2017)
(By-law No. 21-189, October 13, 2021)
618. Within the lands zoned Community Institutional (I2) Zone, identified on Map
910 of Schedule "A" - Zoning Maps and described as 130 York Boulevard
the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-415
a)
In addition to Section 8.2.1 of By-law 05-200, the following
uses shall also be permitted:
Beverage Making Establishment
Catering Service
Commercial Entertainment
Commercial Parking Facility
Commercial Recreation
Commercial School
Conference or Convention Centre
Craftsperson Shop
Dwelling Unit(s)
Exhibition Facility
Financial Establishment
Hotel
Laboratory
Lodging House
Long Term Care Facility
Medical Clinic
Microbrewery
Motor Vehicle Rental Establishment
Multiple Dwelling
Office
Personal Service
Place of Assembly
Repair Service
Restaurant
Retail
Studio
Tradesperson's Shop
Transportation Depot
Veterinary Service
b)
The uses permitted in a) above, shall comply with the
regulations of Section 6.1.3 of this By-law.
(By-law 18-114, May 9, 2018)
(By-law No. 24-137, July 12, 2024)
619. Notwithstanding Section 6.5.1 of this By-law, within the lands zoned
Downtown Residential (D5) Zone, identified on Map 952 of Schedule "A" -
Zoning Maps and described as 1-22 Wesandford Place and 130, 134, 136,
138, 140, 142, and 144 Hunter Street West only Single Detached Dwelling
shall be permitted.
(By-law 18-114, May 9, 2018)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-416
620. Notwithstanding Section 6.2.1.1 i) 1. A. of this By-law, within the lands
zoned Downtown Mixed Use - Pedestrian Focus (D2) Zone, identified on
Map 911 of Schedule "A" - Zoning Maps and described as 252-254 James
Street North a Place of Worship shall be permitted within the ground floor
façade.
(By-law 18-114, May 9, 2018)
621. In addition to Section 6.2.1 of this By-law, within the lands zoned Downtown
Mixed Use - Pedestrian Focus (D2) Zone, identified on Maps 910 and 911
of Schedule "A" - Zoning Maps and described as 200 James Street North
an Armoury shall also be permitted.
(By-law 18-114, May 9, 2018)
622. Notwithstanding Section 13.2.1 of this By-law, within the lands zoned Utility
(U2) Zone, identified on Maps 952 and 994 of Schedule "A" - Zoning Maps
and described as 36 Hunter Street East (Hunter Street GO Station) an
Office shall also be permitted.
(By-law 18-114, May 9, 2018)
625. Within the lands zoned Downtown Prime Retail Streets (D2, 625) Zone,
identified on Maps 909, 910, 951 and 952 of Schedule A Zoning Maps and
described as 15 Queen Street South, the following special provisions shall
apply:
a)
Notwithstanding Sections 5.5 a), 5.6 a) i., 6.2.3 b) ii) and 6.2.3c) iii) 1,
2., and 4., the following special provisions shall also apply:
b)
REGULATIONS
a) Building Height
ii) Maximum building height shall be
78.0 metres.
c) Built Form for New
Development
iii) For the lots delineated as a
Heritage Character Zone on Figure 2
of Schedule F - Special Figures,
where construction and/or alteration to
the facade of a building are proposed,
the following regulations shall also
apply:
1. A minimum of 50% of the area of the
ground
floor
façade
shall
be
comprised of clear glazed windows
and doors. Window and door frames,
clear glazed transoms and sidelights,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-417
doors with at least 50% clear glazing,
and a sill up to 0.6m in height are
permitted to be included in the
calculation of the clear glazed area.
Signage and opaque/spandrel glazing
shall not be included in the calculation
of the clear glazed area;
2. A minimum of 25% and a maximum
of 70% of the façade of the second
and third storeys shall be composed of
windows;
4. Exterior building cladding for the
first three storeys, except decorative
architectural features (such as window
and
door
frames,
sills,
lintels,
surrounds, and cornices), shall be of
either one or a combination of no more
than four of the following materials:
- brick;
- concrete or concrete panels;
- stone block, stone veneer or
artificial stone;
- stucco;
- metal, metal panel, or metal
grilles (excluding aluminium
siding or any metal variant
thereof); and,
- glass.
d) Parking
i) A minimum of 4 barrier free parking
spaces shall be required.
ii) Parking for a Multiple Dwelling
within a mixed use building shall be
provided on the basis of:
0.75 spaces per dwelling unit,
except where a dwelling unit is 50
square metres in gross floor area or
less, in which case, parking shall be
provided at a rate of 0.3 spaces per
dwelling unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-418
iii) No parking space shall be less
than 2.6 metres in width by 5.5
metres in length.
(By-law No. 17-219, October 25, 2017)
626. Within the lands zoned Downtown Prime Retail Streets (D2, 626) Zone,
identified on Maps 910, 911, 952 and 953 of Schedule "A" - Zoning Maps
and described as 43 to 51 King Street East and 60 King William Street, the
following special provisions shall apply:
a) Notwithstanding Sections 5.2 b), 5.6 a), 5.7, and 6.2.3 a) ii), iii) and b)
ii) the following special provisions shall also apply:
b)
REGULATIONS
a)
Maximum
Building Setback
from a Street
Line (Podium)
ii)
2 metres for the second and third
storeys from property line along
Hughson Street North and King
William Street;
iii) That Section 6.2.3 a) iii) shall not
apply.
b)
Building Height
ii)
Maximum building height shall be 94
metres.
c)
Minimum
Building
Setback from a
Street Line or
Property Line
(North Tower)
i)
6.0 metres from the King William
Street street line to the building, 3.0
metres from the easterly property
line to the building, 12.0 metres from
the southerly property line to the
building and a minimum average
setback of 8.25 metres, but not less
than 6.5 metres from the Hughson
Street North street line to the
building, for any portion of the
building above the fourth storey.
ii)
In addition to the above, a minimum
23.0 metres from the Hughson
Street North street line to the
building, for any portion of the
building above the sixth storey.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-419
d)
Minimum
Building
Setback from a
Street Line or
Property Line
(South Tower)
i)
4.0 metres from the King Street East
street line to the building, 4.5 metres
from the easterly property line to the
building, 8.0 metres from the King
William Street street line to the
building and a minimum average
setback of 5.5 metres, but not less
than 4.5 metres from the Hughson
Street North street line to the
building, for any portion of the
building above the fourth storey.
ii)
In addition to the above, a minimum
41.0 metres from the King William
Street street line to the building, for
any portion of the building above the
sixth storey.
e)
Minimum Tower
Separation
16.0 metre separation distance from
a tower to another tower located on
the same lot.
f)
Parking
Parking for a Multiple Dwelling within a
mixed use building shall be provided on
the basis of:
i)
0.74 spaces per dwelling unit, except
where a dwelling unit is 50 square
metres in gross floor area or less, in
which case, park ng shall be
provided at a rate of 0.3 spaces per
dwelling unit.
ii)
No parking space shall be less than
2.6 metres in width by 5.5 metres in
length.
iii) A minimum barrier free space size of
4.4 metres by 5.5 metres shall be
provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-420
g)
Bicycle Parking
Bicycle Parking for a Multiple Dwelling
within a mixed use building shall be
provided on the basis of:
0.35 Bicycle Parking spaces per dwelling
unit of which 10% are to be maintained
as short term Bicycle Parking spaces.
h)
Notwithstanding Subsection 5.2i), the minimum aisle width
shall be 5.5 metres.
(By-law No. 18-011, January 24, 2018)
(By-law No. 19-062, March 27, 2019)
627. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Maps 1141 and 1142 of Schedule "A" - Zoning
Maps, and described as 531 Queenston Road, the following special
provisions shall apply:
a)
In addition to Subsection 11.3.1, the following use shall also be
permitted within the building existing on the date of passing of this
By-law:
Medical Clinic
b)
Planting Strip A planting strip with an average
width of 1.0 metre, but not less than 0.9 metres,
shall be provided and maintained along the
northerly lot line, commencing at the easterly lot
line, westerly for a distance of at least 8.0
metres.
c)
Visual Barrier Notwithstanding
Subsection
4.19, a visual barrier not less than 1.2 metres in
height and not more than 2.0 metres in height
shall be provided and maintained along the
entire northerly lot line.
(By-law No. 18-032, February 14, 2018)
628. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Maps 1141 and 1143 of Schedule "A" - Zoning
Maps, and described as 535 and 537 Queenston Road, the following
special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-421
a)
In addition to Subsection 11.3.1, the following uses shall also be
permitted within the building existing on the date of passing of this
By-law:
Medical Clinic.
b)
In addition to Clause a), the maximum Gross Floor Area of the use
permitted in Clause a) shall be 65 square metres.
c)
Notwithstanding Subsection 5.1 a) v) b), a 3.0 metre wide planting
strip shall be required and permanently maintained between the
street line and any parking spaces and aisles giving direct access to
abutting parking spaces, excluding driveways extending directly
from the street, only where an encroachment agreement has not
been entered into with the City of Hamilton, for a minimum 3.0 metre
planting strip within the widened road allowance limits of Queenston
Road.
d)
Subsection 5.1.b) v) shall not apply for the existing building(s).
e)
Subsection 5.1.b) ix) shall not apply for the existing building(s).
f)
Visual Barrier i)
Notwithstanding Subsection 4.19, a
visual barrier not less than 1.2 metres in
height and not more than 2.0 metres in
height shall be provided and maintained
along the entire northerly lot line for the
lands located at 535 Queenston Road.
ii)
Notwithstanding Subsection 4.19, a
visual barrier not less than 1.2 metres in
height and not more than 2.0 metres in
height shall be provided and maintained
along the entire easterly and northerly lot
lines for the lands located at 537
Queenston Road.
(By-law No. 18-032, February 14, 2018)
629. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Maps 1142, 1193, 1194 of Schedule
"A" - Zoning Maps, and described as:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-422
Property Address
Map Number
32 Centennial Parkway North
Map 1413
40 Centennial Parkway North
Map 1413
48 Centennial Parkway North
Map 1413
54 Centennial Parkway North
Map 1413
58 Centennial Parkway North
Map 1413
68 Centennial Parkway North
Map 1413
82 Centennial Parkway North
Map 1413
86 Centennial Parkway North
Map 1413
90 Centennial Parkway North
Map 1413
92 Centennial Parkway North
Map 1413
96 Centennial Parkway North
Map 1413
106 Centennial Parkway North
Map 1413
133 Centennial Parkway North
Map 1413
155 Centennial Parkway North
Map 1413
163 Centennial Parkway North
Map 1094, 1413
173 Centennial Parkway North
Map 1094
183 Centennial Parkway North
Map 1094
Part of 191 Centennial Parkway North
Map 1094
Part of 203 Centennial Parkway North
Map 1094
207 Centennial Parkway North
Map 1094
211 Centennial Parkway North
Map 1094
219 Centennial Parkway North
Map 1094
2444 Barton Street East
Map 1094
2450 Barton Street East
Map 1094
711 Queenston Road
Map 1142
714 Queenston Road
Map 1142
720 Queenston Road
Map 1142
724 Queenston Road
Map 1142
727 Queenston Road
Map 1142
732 Queenston Road
Map 1142
735 Queenston Road
Map 1142
736 Queenston Road
Map 1142
744 Queenston Road
Map 1142 and Map 1193
750 Queenston Road
Map 1142 and Map 1193
754 Queenston Road
Map 1142 and Map 1193
771 Queenston Road
Map 1142
816 Queenston Road
Map 1194
822 Queenston Road
Map 1194
16 Clapham Road
Map 1142
(By-law No. 26-049, March 04, 2026)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-423
The following special provisions also apply:
a)
Notwithstanding Subsection 11.1.1, only the following uses shall be
permitted:
Artist Studio
Beverage Making Establishment
Catering Service
Child Care Centre
Commercial Entertainment
Commercial Recreation
Commercial School
Communications Establishment
Craftsperson Shop
Dwelling Unit(s) in conjunction with a Commercial Use
Financial Establishment
Hotel
Laboratory
Medical Clinic
Microbrewery
Office
Performing Arts Theatre
Personal Service
Place of Assembly
Place of Worship
Repair Service
Restaurant
Retail
Social Services Establishment
Tradesperson's Shop
Transportation Depot
Urban Farmer's Market
Veterinary Service
b)
Notwithstanding Subsections 11.1.3 g).iii).1., and h), and in addition
to Subsections 11.1.1, 11.1.3 d) and 11.1.3 g) ii) and iii) 2., the
following regulations shall also apply:
i)
Restricted Uses
In addition to Subsection 11.4.1, the
following use shall be permitted in
accordance
with
the
following
restrictions:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-424
A. Notwithstanding
Subsection
11.4.1,
a
Dwelling
Unit(s)
in
conjunction with a Commercial Use
shall only be permitted above the
ground floor.
B. Notwithstanding
Subsection
11.4.1, a Child Care Centre shall
only be permitted above the ground
floor.
ii)
Building Height
In addition to the definition of Building
Height, 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
storey directly beneath;
B. The wholly enclosed or partially
enclosed 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
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-425
uppermost point of the building to
the uppermost point of the rooftop
enclosure.
iii)
Built Form for New
Development
1. For a corner lot, the minimum
combined width of the ground floor
façade facing the front lot line and
flankage lot line shall be greater
than or equal to 75% of the
measurement of the front lot line
and flankage lot line; and,
2. In addition to Subsection 11.1.3 g)
ii) and iii) 2., and in addition to
Clause b) iii) 1., the minimum width
of the ground floor façade facing
the front lot line shall exclude
access driveways and required
yards along a lot line abutting a
street.
iv)
Minimum Amenity
Area for Dwelling
Units in
Conjunction with a
Commercial Use
On a lot containing more than 10
dwelling units, the following Minimum
Amenity Area requirements shall be
provided:
1. An area of 4.0 square metres for
each dwelling unit less than 50
square metres;
2. An area of 6.0 square metres for
each dwelling unit more than 50
square metres;
3. In addition to the definition of
Amenity Area, an Amenity Area
located
outdoors
shall
be
unobstructed and shall be at or
above the surface, and exposed to
light and air; and,
4. In addition to the definition of
Amenity Area, the required Amenity
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-426
Area shall be provided exclusively
for the residential component and
shall be functionally separated from
public areas associated with any
commercial component.
v)
Screening
Rooftop mechanical equipment shall be
located and/or screened from view of
any abutting street.
(By-law No. 18-032, February 14, 2018)
(By-law No. 18-219, August 17, 2018)
(By-law No. 25-155, August 06, 2025)
630. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4) Zone, identified on Map 1142 of Schedule "A" - Zoning Maps, and
described as part of 695 and 697 Queenston Road, the following special
provisions shall also apply:
a)
Notwithstanding
Subsection
4.20
c),
the existing
outdoor
commercial patio shall be permitted in the front yard.
b)
Notwithstanding Subsection 11.4.3 d) ii) and iv), the maximum
Building Height shall be 22.0 metres.
(By-law No. 18-032, February 14, 2018)
631. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4) Zone, identified on Maps 1142 and 1193 of Schedule "A" - Zoning
Maps, and described as 7 & 9 Greenford Drive, 760 Queenston Road, and
part of 770 Queenston Road, the following special provision shall also
apply:
a)
Notwithstanding Subsection 11.4.3 d) ii) and iv), the maximum
Building Height shall be 22.0 metres.
(By-law No. 18-032, February 14, 2018)
632. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4) Zone, identified on Maps 1142, 1143, 1193 and 1194 of Schedule
"A" - Zoning Maps, and described as:
Property Address
Map Number
25, 27, 29 Delawana Drive
1413
118, 120 Centennial Parkway North
1413
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-427
130 Centennial Parkway North
1413
140 Centennial Parkway North
1413
150 Centennial Parkway North
1413
160 Centennial Parkway North
1413
333 Centennial Parkway North
1048, 1094
347 Centennial Parkway North
1048
350 Centennial Parkway North
1048, 1049, 1094
185 Bancroft Street
1048
25 Arrowsmith Road
1048, 1094
Part of 770 Queenston Road
1142, 1143, 1193 & 1194
792 Queenston Road
1194
800 Queenston Road
1194
817 Queenston Road
1143 & 1194
(By-law No. 26-049, March 04, 2026)
The following provisions shall apply:
a)
Notwithstanding Subsection 11.4.3 d) ii) and iv), and in addition to
Subsection 11.4.3 d) i) and iii), the following regulations shall
apply:
i)
Maximum Building Height shall be 47.0 metres; and,
ii)
Any portion of a building above 22.0 metres in height, to a
maximum of 47.0 metres, shall be setback a minimum of 29.5
metres from the rear or interior side lot line when abutting a
Residential or Institutional Zone.
(By-law No. 18-032, February 14, 2018)
633. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4) Zone, identified on Maps 1142, 1143, and 1194 of Schedule "A" -
Zoning Maps, and described as 75 Centennial Parkway North (Eastgate
Square), shown as Figure 18 of Schedule "F" - Special Figures, the
following special provisions shall also apply:
The following Table 1 is provided for information only:
Table 1
Gross Floor
Area (GFA)
(square
metres)
Application
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-428
30,763.0
Shall be considered 50% of the total site GFA existing
on the date of passing of this By-law (February 14,
2018)
This number is for the purposes of maximum
alterations and building footprint redistribution
permitted under the Vacuum Clause
This number is also for the purposes of minimum
demolition and reconstruction prior to trigger of Mixed
Use Development (plus 0.1 square metre)
59,992.0
Shall be considered the GFA of the principal shopping
centre building (Eastgate Square) existing on the date
of passing of this By-law (February 14, 2018)
60,000.0
Shall be considered the GFA of the principal shopping
centre building (Eastgate Square) existing on the date
of passing of this By-law (February 14, 2018),
rounded up to the nearest ten
61,525.0
Shall be considered the total site GFA existing on the
date of passing of this By-law (February 14, 2018),
including the principal shopping centre building
(59,992.0) and the two existing stand-alone
commercial buildings (511.0 + 1,022.0)
80,405.0
Shall be considered 130% of the GFA of the existing
principal shopping centre building (59,992.0), plus the
GFA approved by HM/A-08:316 (1,858.0)
This number is for the purposes of expansions under
the Vacuum Clause
91,288.0
Shall be considered 150% of the total site GFA
existing on the date of passing of this By-law
(February 14, 2018)
a)
The lands described as 75 Centennial Parkway North (Eastgate
Square), as shown as Figure 18 of Schedule "F" - Special Figures
shall be considered as one Corner Lot for zoning purposes,
notwithstanding any consolidation or division of the lot.
b)
Notwithstanding the Definitions in Section 3, for the purposes of this
By-law, the front lot line is deemed to be Centennial Parkway North.
c)
For the purposes of Special Exception No. 633, the following
provisions shall apply to Area A as shown on Figure 18 of Schedule
"F" - Special Figures:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-429
A)
In addition to the Definitions in Section 3, for the purpose of
Special Exception No. 633, the following definition shall
apply:
Block
Townhouse
Dwelling
Shall mean a dwelling divided vertically
into three or more dwelling units, by
common walls which prevent internal
access between units and extend from
the base of the foundation to the roof
line and for a horizontal distance of not
less than 35 percent of the horizontal
depth of the building but shall not
include a maisonette.
B)
In addition to the Permitted Uses [Subsection 11.4.1], the
following uses shall also be permitted:
Dwelling Unit(s)
Multiple Dwelling
C)
Notwithstanding the Permitted Uses [Subsection 11.4.1]
and in addition to the Prohibited Uses [Subsection 11.4.2],
a Block Townhouse Dwelling(s) shall not be permitted.
D)
Notwithstanding the Restricted Uses [Subsection 11.4.1.1],
the residential uses contained in Subsection 11.4.1 and
Clause b) B) of Special Exception No. 633 shall be
permitted on the ground floor.
E)
Notwithstanding
the
Building
Height
requirements
[Subsection 11.4.3 d)] the following Building Height shall
apply:
i)
Minimum 7.5 metres; and,
ii) Maximum 11.0 metres.
d)
For the purposes of Special Exception No. 633, the following
provisions shall apply to Area B as shown on Figure 18 of Schedule
"F" - Special Figures:
A)
Notwithstanding the minimum and maximum Building
Height requirements [Subsection 11.4.3 d) i), ii) and iv)], and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-430
in addition to the Building Height stepback requirements
[Subsection 11.4.3 d) iii)], the following regulations shall
apply to new development:
i)
The minimum building height abutting Queenston
Road shall be 11.0 metres;
ii)
The minimum building height abutting Centennial
Parkway North shall be 7.5 metres;
iii) The maximum building height shall be 62.0 metres;
and,
iv) Any portion of a building above 22.0 metres in height,
to a maximum of 62.0 metres, shall be setback a
minimum of 89.5 metres from any streetline abutting
Kenora Avenue and Delawana Drive within the extent
of the boundaries of Area A.
B)
Notwithstanding the minimum Building Height requirements
[Subsection 11.4.3 d)i)], a minimum height of 6.0 metres
shall be permitted for any addition to the principal building
existing on the date of passing of this By-law.
C)
Notwithstanding the regulations for Outdoor Commercial
Patios [Subsection 4.20 c) and d)], an outdoor commercial
patio
shall
be
permitted
to
provide
commercial
entertainment consisting of recorded music only, on a lot
where such lot is separated from a Residential Zone by a
laneway or street.
D)
Notwithstanding the minimum Building Façade Facing the
Front and Flankage Lot Line requirements [Subsection
11.4.3 g) ii) and iii)], the following regulations apply:
i)
The minimum width of the ground floor façade facing
Queenston Road within Area B shall:
1.
Be greater than or equal to 75% of the
measurement of that portion of the streetline
abutting Queenston Road located within Area B;
2.
Comply with the maximum Building Setback from
a Street Line requirements [Subsection 11.4.3 a)].
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-431
ii)
The minimum width of the ground floor façade facing
Centennial Parkway North within Area B shall:
1.
Be greater than or equal to 75% of the
measurement of that portion of the streetline
abutting Centennial Parkway North located within
Area B; and,
2.
Comply with the maximum Building Setback from
a Street Line requirements [Subsection 11.4.3 a)].
iii) In addition to the minimum Building Façade Facing the
Front and Flankage Lot Line requirements [Subsection
11.4.3 g) iv) and clauses d) D) i) and ii) of Special
Exception No. 633], the calculation of the measurement
of the streetline width shall not include:
1.
Any portion of the lot width occupied by a public
transit facility; and,
2.
Any portion of the lot width occupied by an existing
building within 25.0 metres of the streetline
abutting Centennial Parkway North.
E)
Expansions to Existing Principal Shopping Centre Building
Notwithstanding
Expansion
Regulations
for
Existing
Buildings [Subsections 4.12 e)ii)], maximum Building
Setback from a Street Line [Subsection 11.4.3 a)i)],
minimum Building Height [Subsection 11.4.3 d)i)], minimum
Building Façade Facing the Front and Flankage Lot Lines
[Subsection 11.4.3 g)ii) and iii)] and in addition to Location
of Buildings Existing on the date of Passing of the Bylaw
[Subsection 4.12 e)i)], the following regulations in Table 2
shall apply to the principal shopping centre building legally
existing on the date of passing of the By-law:
Table 2
Maximum GFA
of the Resulting
Building
Minimum GFA of
the Resulting
Building
Expansions (not
including any
demolition)
80,405.0 square
metres
N/A
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-432
Reconfiguration
(with demolition
and alteration)
80,405.0 square
metres
30,764.0 square
metres
F)
Trigger for Mixed Use Development - Expansions of
Existing Buildings on the Lot
i)
In addition to the Regulations of the Transit Oriented
Corridor Mixed Use High Density (TOC4) Zone
[Subsection 11.4.3], where development on the lot in
the form of new buildings or additions to existing
buildings exceeds 30,763 square metres, resulting in a
total gross floor area that exceeds 91,288 square
metres for the entire lot, the following regulation shall
apply:
1.
For each square metre of commercial or
institutional use provided above 91,288 square
metres, a minimum of 3.0 square metres of
residential use shall be required.
G)
Trigger for Mixed Use Development - Demolitions with
Reconstruction of Existing Buildings on the Lot
i)
In addition to the Regulations of the Transit Oriented
Corridor Mixed Use High Density (TOC4) Zone
[Subsection
11.4.3],
where
development
or
redevelopment occurs on the lot in the form of
demolitions with reconstruction, where the demolished
portion exceeds a gross floor area of 30,763 square
metres, the following regulation shall apply:
1.
For each square metre of commercial or
institutional use provided above 61,525 square
metres, a minimum of 3.0 square metres of
residential use shall be required.
H)
Notwithstanding the minimum Building Height [Subsection
11.4.3 d)i) and Clause d)A) i) and ii) of Special Exception
No. 633], minimum Building Façade Facing the Front and
Flankage Lot Lines [Subsection 11.4.3 g)ii) and iii) and
Clause d)D) of Special Exception No. 633] and Built Form
Requirements for Small Scale Commercial Buildings
[Subsection 11.4.3 g)viii)], for commercial development
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-433
existing at the time of passing of this by-law, Subsections
11.4.3 g) ii) and iii) and Clause d)D) of Special Exception
No. 633 shall not apply to new commercial buildings subject
to the following requirements:
i)
The maximum Gross Floor Area of each building shall
be
1,000
square
metres
for
single
occupant
commercial buildings;
ii)
The maximum Gross Floor Area of each building shall
be 1,200 square metres for multi-tenant commercial
buildings; and,
iii) The minimum Building Height shall be 6.0 metres.
I)
The Principal Entrance requirements [Subsection 11.4.3 g)
vi)] shall only apply to buildings constructed after the date
of passing of this By-law (February 14, 2018).
(By-law No. 18-032, February 14, 2018)
(By-law No. 22-084, April 13, 2022)
634. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map 1091 of Schedule "A" - Zoning
Maps, and described as 165 Queenston Road, the following special
provisions apply:
a)
In
addition
to
Subsection
11.1.1
Permitted
Uses,
and
Notwithstanding Subsection 11.1.2 Prohibited Uses, the existing
Motor Vehicle Service Station shall also be permitted.
b)
In addition to Subsection 4.12 e), Section 5, and Subsection 11.1.3,
any parking spaces and drive aisles existing on the date of passing
of this By-law (February 14, 2018) shall be deemed to comply with
the regulations for any required setbacks, location on the lot, and
number of parking spaces.
(By-law No. 18-032, February 14, 2018)
635. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Map 1141 of Schedule "A" - Zoning Maps, and
described as 505 Queenston Road, the following special provisions apply:
a)
In addition to Subsection 11.3.1, the following use shall also be
permitted within the building existing on the date of passing of this
By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-434
Office
b)
In addition to Subsection 5.1 a) v), a minimum of 140 square metres
of landscaped area shall be provided and maintained within the
required front yard.
c)
In addition to Clause a), a visual barrier shall be required along any
lot line abutting an Institutional Zone or Residential Zone, with the
exception of TOC3 Zone, in accordance with the requirements of
Subsection 4.19 of this By-law.
(By-law No. 18-032, February 14, 2018)
636. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Map 1141 of Schedule "A" - Zoning Maps, and
described as 509 Queenston Road, the following special provisions shall
also apply:
a)
In addition to Subsection 11.3.1, the following use shall also be
permitted within the building existing on the date of passing of this
By-law:
Denture Clinic
b)
Notwithstanding Subsection 5.1 a) v), a 1.5 metre wide planting strip
shall be required and permanently maintained between the street
line and any parking spaces and aisles giving direct access to
abutting parking spaces, excluding driveways extending directly
from the street, only where an encroachment agreement has not
been entered into with the City of Hamilton, for a minimum 1.5 metre
planting strip within the widened road allowance limits of Queenston
Road.
c)
Subsection 5.1.b) iii) shall not apply for the existing building(s).
d)
Subsection 5.1.b) ix) shall not apply for the existing building(s).
e)
Visual Barrier i)
Notwithstanding
Subsection 4.19, a visual barrier not less
than 1.2 metres and not more than 2.0
metres in height shall be required and
maintained along the northerly lot line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-435
ii)
Notwithstanding Subsection 4.19, a visual
barrier not less than 1.2 metres and not
more than 2.0 metres in height shall be
required and maintained along the easterly
lot line, commencing at the northerly lot line,
southerly for a distance of at least 26.0
metres.
(By-law No. 18-032, February 14, 2018)
637. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4) Zone, identified on Maps 1142 and 1193 of Schedule "A" - Zoning
Maps, and described as 670, 674, 686, 692, 700 and 706 Queenston Road,
shown as Figure 19 of Schedule "F" - Special Figures, the following special
provisions shall also apply:
The following Table 1 is provided for information only:
Table 1
Gross Floor
Area (GFA)
(square
metres)
Application
8,867.0
Shall be considered 50% of the total site GFA existing
on the date of passing of this By-law (February 14,
2018)
9,671.0
Shall be considered the GFA of the largest stand-
alone
commercial building existing on the date of passing of
this Bylaw (February 14, 2018)
This number is for the purposes of minimum
demolition and reconstruction prior to trigger of Mixed
Use Development
13,540.0
Shall be considered 140% of the GFA of the largest
standalone commercial building existing on the date
of passing of this By-law (February 14, 2018)
This number is for the purposes of expansions under
the Vacuum Clause
17,733.0
Shall be considered the total site GFA existing on the
date of passing of this By-law (February 14, 2018),
including the multi-unit commercial building (6,245.0),
large scale standalone commercial building (9,671.0),
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-436
gas bar (108.0), four small scale stand-alone
commercial buildings (282.0 + 277.0 + 500.0 + 650.0)
21,602.0
Shall be considered the total site GFA assuming a
40% expansion to the existing largest stand-alone
commercial building existing on the date of passing of
this By-law (February 14, 2018)
26,600.0
Shall be considered 150% of the total site GFA existing
on the date of passing of this By-law (February 14,
2018)
a)
For the purposes of Special Exception No. 637, the following special
regulations shall apply to Areas A and B, as shown on Figure 19 of
Schedule "F" - Special Figure:
A)
The lands described as 670, 674, 686, 692, 700 and 706
Queenston Road, as shown as Figure 19 of Schedule "F" -
Special Figures shall be considered as one Corner Lot for
zoning purposes, notwithstanding any consolidation or
division of the lot.
B)
Notwithstanding Section 3, for the purposes of this By-law,
the front lot line is deemed to be Queenston Road.
C)
Notwithstanding Prohibited Uses [Subsection 11.4.2 i)], the
following provisions apply:
i)
A Drive-Through Facility, existing on the date of
passing of this By-law shall be permitted in Areas A1,
A2, A3 and A5.
ii)
A Motor Vehicle Service Station, existing on the date
of
passing of this By-law, shall be permitted only as an
accessory use and may be permitted in Areas A and
B.
iii)
A Motor Vehicle Gas Bar, existing on the date of
passing of this By-law, shall only be permitted in Area
A4.
D)
For the existing building with a drive through facility located
within Area A1, the following special regulations shall apply:
i)
Subsection 4.25 c) ii) shall not apply; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-437
ii)
Subsection 11.4.3 g) v) shall not apply.
E)
Relocation of Drive Through Facilities outside Areas A1, A2,
A3 and A5
i)
The existing drive through facilities located within
Areas A1, A2, A3 and A5 may be permitted to relocate
on the same lot outside of Areas A1, A2, A3 and A5
subject to the following requirements:
1.
A maximum of four drive through facilities shall
be permitted on the lot; and,
2.
All relocated drive through facilities shall comply
with the Drive Through regulations and Built
Form
for
New
Development
regulations
[Subsections 4.25 and 11.4.3 g)].
F)
Reconstruction of Drive Through Facilities within Areas A1,
A2, A3 and A5
i)
Notwithstanding Subsection 11.4.3 g), the existing
drive through facilities located within Areas A1, A2, A3
and A5 may be demolished and reconstructed within
Areas A1, A2, A3 and A5; and,
ii)
Notwithstanding Subsection 11.4.3 d)i) the minimum
building height shall be 4.5 metres.
G)
The existing Motor Vehicle Gas Bar located within Area A4
may be permitted to relocate on the same lot outside of Area
A4 subject to the following requirements:
i)
Minimum Yard
abutting a street
60.0 metres
ii)
Minimum Yard for
Fuel Pump Islands,
Fuel Pumps and
Canopies
60.0 metres
iii)
Minimum Planting
Strip Requirements
3.0 metres in width shall be
required
abutting
any
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-438
Residential
Zone
or
Institutional Zone property line
iv)
Maximum Gross
Floor Area for
Accessory Retail
Uses to a Motor
Vehicle Gas Bar
175.0 square metres
H)
Trigger for Mixed Use Development - Expansions of
Existing Buildings on the Lot
i)
In addition to the Regulations of the Transit Oriented
Corridor Mixed Use High Density (TOC4) Zone
[Subsection 11.4.3], where development on the lot in
the form of new buildings or additions to existing
buildings exceeds 9,671.0 square metres, resulting in
a total gross floor area that exceeds 26,600.0 square
metres for the entire lot, the following regulation shall
apply:
1.
For each square metre of commercial or
institutional use provided above 26,600.0
square metres, a minimum of 3.0 square
metres of residential use shall be required.
I)
Trigger for Mixed Use Development - Demolitions with
Reconstruction of Existing Buildings on the Lot
i)
In addition to the Regulations of the Transit Oriented
Corridor Mixed Use High Density (TOC4) Zone
[Subsection
11.4.3],
where
development
or
redevelopment occurs on the lot in the form of
demolitions
with
reconstruction,
where
the
demolished portion exceeds a gross floor area of
9,671.0 square metres, the following regulation shall
apply:
1.
For each square metre of commercial or
institutional use provided above 21,602.0
square metres, a minimum of 3.0 square
metres of residential use shall be required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-439
J)
Notwithstanding the minimum Building Height [Subsection
11.4.3 d) i)], a minimum height of 6.0 metres shall be
permitted for any addition to any building existing on the
date of the passing of this By-law.
K)
Expansions to Existing Buildings:
Notwithstanding the Expansion Regulations for Existing
Buildings [Subsections 4.12 e)ii)], the maximum Building
Setback from a Street Line [Subsection 11.4.3 a)i)],
minimum Building Height [Subsection 11.4.3 d)i)], minimum
Building Façade Facing the Front and Flankage Lot Lines
[Subsection 11.4.3 g)ii) and iii)] and in addition to Location
Regulations of Buildings Existing on the date of Passing of
the By-law [Subsection 4.12 e)i)], the following regulations
in Table 2 shall apply to the buildings existing on the date of
passing of the By-law:
Table 2
Maximum GFA of
the Resulting
Building
Minimum GFA of
the Resulting
Building
Existing Largest Stand-Alone Commercial Building (at corner
of Nash Road South and Dover Drive)
Expansions and
reconfiguration
13,540.0 square
metres
N/A
All other Existing Buildings
Expansions (not
including any
demolition)
110% of the GFA of
the buildings
existing on the date
of passing of this by-
law
N/A
b)
For the purposes of Special Exception No. 637, the following special
regulations shall apply to Area A as shown on Figure 19 of Schedule
"F" - Special Figures:
A)
Notwithstanding the minimum Building Façade Facing the
Front and Flankage Lot Lines [Subsection 11.4.3 g) ii) and
iii)], the following regulations apply:
i)
The minimum width of the ground floor façade facing
Queenston Road within Area A shall:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-440
1.
Be greater than or equal to 75% of the
measurement of that portion of the streetline
abutting Queenston Road located within Area
A;
2.
Comply with the maximum Building Setback
from a Street Line requirements [Subsection
11.4.3 a)].
ii)
The minimum width of the ground floor façade facing
Nash Road within Area A shall:
1.
Be greater than or equal to 75% of the
measurement of that portion of the streetline
abutting Nash Road located within Area A; and,
2.
Comply with the maximum Building Setback
from a Street Line requirements [Subsection
11.4.3 a)].
iii)
In addition to Subsection 11.4.3 g) iv) and clauses b)
A) i) and ii) of Special Exception No. 637, the
calculation of the measurement of the streetline may
not include the width of any lands located within Area
A4.
c)
For the purposes of Special Exception No. 637, the following special
provisions shall apply to Area B as shown on Figure 19 of Schedule
"F" - Special Figures:
A)
In addition to the Definitions of Section 3, for the purpose of
Special Exception No. 637, the following definition shall
apply:
Block Townhouse
Dwelling
Shall mean a dwelling divided vertically
into three or more dwelling units, by
common walls which prevent internal
access between units and extend from
the base of the foundation to the roof
line and for a horizontal distance of not
less than 35 percent of the horizontal
depth of the building but shall not
include a maisonette.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-441
B)
In addition to the Permitted Uses [Subsection 11.4.1], the
following uses shall also be permitted:
Block Townhouse Dwelling
Conference or Convention Centre
Dwelling Unit(s)
Educational Establishment
Emergency Shelter
Lodging House
Long Term Care Facility
Multiple Dwelling
Residential Care Facility
Retirement Home
C)
Notwithstanding the Restricted Uses [Subsection 11.4.1.1],
residential uses contained in Subsection 11.4.1 and Clause
c) B) shall be permitted on the ground floor.
D)
In addition to the Restricted Uses regulations [Subsection
11.4.1.1], the following restriction of uses shall apply:
i)
Residential Care Facility
1.
Maximum capacity for a Residential Care
Facility is 20 residents.
ii)
Emergency Shelter
2.
Maximum capacity for an Emergency Shelter is
50 residents.
iii)
Emergency Shelter and Residential Care Facility:
1.
Except as provided in Clause c) D) iii) 2., every
Emergency Shelter or 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 other lot occupied by a Residential Care
Facility,
Emergency
Shelter,
Corrections
Residence, or Correctional Facility; and,
2.
Where the radial separation distance from the
lot line of an Emergency Shelter, or Residential
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-442
Care Facility existing on the date of passing of
this By-law, is less than 300 metres to the lot
line of any other lot occupied by an existing
Residential Care Facility, Emergency Shelter,
Corrections Residence, or Correctional Facility,
the existing Residential Care Facility may be
expanded or redeveloped to accommodate not
more than the permitted number of residents
permitted by the Zone in which it is located.
E)
Notwithstanding the maximum Building Setback from a
Street Line, minimum and maximum Building Height,
stepback regulations, and minimum Building Façade Facing
the Front or Flankage Lot Line requirements [Subsection
11.4.3 a), d) i), ii), iii) and iv), g) iii)], the following regulations
shall apply:
i)
Building Setback
from a Street
1. Minimum 3.0 metres for a
building with residential units
on the ground floor facing a
street;
2. Maximum 4.5 metres, except
where a visibility triangle is
required
for
a
driveway
access;
3. Notwithstanding Clause c) E)
i) 2., a minimum setback of 6.0
metres is required for that
portion of a building providing
access to a driveway or
garage; and,
4. Where a building(s) exists and
complies with Subsection c)
E) iii) 1., additional building(s)
constructed on the lot shall not
be subject to Clauses c) E) i)
1. and 2.
ii)
Building Height
1. Minimum 7.5 metres;
2. Maximum 22.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-443
3. In addition to minimum
Building
Height [Subsection 11.4.3 d)
i)]
and
notwithstanding
maximum
Building
Height
[Clause c) E) ii) 2.], the
minimum building height may
be equivalently increased as
the yard increases beyond the
minimum yard requirement
established in Subsections
11.4.3
b)
and
c),
when
abutting
a
Residential
or
Institutional
Zone,
to
a
maximum of 22.0 metres.
iii)
Built Form for
New
Development
1. The minimum width of the
ground floor façade facing
Nash Road within Area B shall
be greater than or equal to
40% of the measurement of
that portion of the streetline
abutting Nash Road located
within Area B.
F)
Notwithstanding any other provisions of this By-law,
vehicular access for commercial purposes shall be
prohibited from Dover Drive.
(By-law No. 18-032, February 14, 2018)
(By-law No. 18-219, August 17, 2018)
(By-law No. 22-084, April 13, 2022)
638. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map 1142 of Schedule "A" - Zoning
Maps, and described as 558 Queenston Road, the following special
provisions shall also apply:
a)
Notwithstanding Subsection 4.20 c) i), an outdoor commercial patio
shall be permitted on a lot where any lot line abuts a Residential
Zone; and,
b)
Notwithstanding Subsection 11.1.3 b), no minimum rear yard
setback is required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-444
(By-law No. 18-032, February 14, 2018)
639. Within the lands zoned Community Commercial (C3) Zone, identified on
Map 1234 and 1287 of Schedule "A" - Zoning Maps, and described as 630
Stone Church Road West, the following special provisions shall also apply:
a)
Notwithstanding Subsection 4.6 a), 4.8.1 c), 4. 19, 5.1 a) v) a) and
b), 5.2 b), f) and i), 5.2.1 c), 5.5 a), and 5.6 c) as it relates to "Retail
within a Commercial and Mixed Use Zone", the following regulations
shall apply:
i)
Permitted Yard
Encroachments
The usual projections of
window sills, cornices, eaves,
troughs, and other similar
architectural features,
ductwork, venting and other
similar appurtenances may be
permitted in any required yard
provided that no such feature
shall project more than 0.5
metres into the required yard
and shall be no less than 0.4
metres from the rear lot line.
ii)
Accessory Buildings
in Commercial and
Mixed Use Zones
Accessory buildings having a
maximum gross floor area of
less than 11.0 square metres
and a maximum building
height of 3.0 metres may be
located in a required rear yard
or a required side yard.
iii)
Visual Barrier
a) A visual barrier shall have a
minimum height of 1.7
metres.
b) All
other
applicable
provisions of Section 4. 19
shall apply.
iv)
Parking Location
Parking spaces and aisles
giving direct access to
abutting parking spaces,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-445
excluding driveways
extending directly from the
street, shall not be located
within 0.9
metres of a street line and a
minimum 0.9 metre planting
strip shall be required and
permanently maintained
between the street line and
the parking spaces and/or
aisles, excluding driveways
extending directly from the
street.
v)
Parking Space Sizes a) Minimum 2.7 metres in
width and 5.5 metres in
length.
b) Notwithstanding a) above,
in the case of a barrier free
parking
space,
each
parking space shall have a
minimum
width
of
2.7
metres and a minimum
length of 5.5 metres plus an
abutting 1.9 metre wide
shared aisle.
vi)
Parking Aisle Width
The minimum aisle width shall
be 5.8 metres.
vii)
Location of Loading
Facilities
A loading space/area shall be
located within the required
easterly side yard and shall be
screened from view by a
Visual
Barrier in accordance with
Section 4.19 of this By-law.
viii) Minimum Number of
Required Parking
Spaces
13, including 1 barrier free
parking space.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-446
b) Notwithstanding Subsection 10.3.3. a) ii), b) ii), c) i), and i) vi) and vii)
2., the following regulations shall apply:
i)
Maximum Building
Setback from a
Street.
20.1 metres except the
maximum building setback
shall not apply to accessory
buildings.
ii)
Minimum Rear Yard
0.8 metres
iii)
Minimum Interior
Side Yard
1.2 metres
iv)
Built Form for New
Development
a) Parking spaces and aisles
shall be permitted to be
located between a building
façade and the front lot line.
b) The
principal
entrance
shall be accessible from
the building façade but
shall not be required to
have direct access from the
public sidewalk.
(By-law No. 20-029, February 12, 2020)
640. Within the lands zoned General Industrial (M5) Zone and Light Industrial
(M6) Zone, identified on Maps 1047, 1093, and 1094 of Schedule "A" -
Zoning Maps and described as:
Property Address
Map Number
2289 Barton Street East
1093, 1094
2311, 2333 Barton Street East
1093, 1094
2371 Barton Street East and 306, 308,
310 Kenora Avenue
1094
285, 291, 295, 297, 301, 307, 309, 311,
315, 317, 319, 323, 329 Nash Road North
1047
351 Nash Road North
1047
The following special provisions shall apply:
a)
In addition to Section 9.6.1, the following uses shall only be
permitted within the building existing on the date of the passing of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-447
this By-law, being the 14th of July, 2017 for lands located at 2289
Barton Street East:
i)
Commercial Recreation in conjunction with a permitted use;
ii)
Motor Vehicle Dealership;
iii)
Place of Assembly; and,
iv)
Retail.
b)
In addition to Section 9.6.1, the following uses shall only be
permitted within the building existing on the date of the passing of
this By-law, being the 14th of July, 2017 for lands located at 2311,
2333 Barton Street East:
i)
Motor Vehicle Dealership.
c)
In addition to Section 9.6.1, the following uses shall only be
permitted within the building existing on the date of the passing of
this By-law, being the 14th of July, 2017 for lands located at 2371
Barton Street East and 306, 308, 310 Kenora Avenue:
i)
Retail.
d)
In addition to Section 9.6.1, the following uses shall only be
permitted within the building existing on the date of the passing of
this By-law, being the 14th of July, 2017 for lands located at 285,
291, 295, 297, 301, 307, 309, 311, 315, 317, 319, 323, 329 Nash
Road North, and 351 Nash Road North:
i)
Retail.
(By-law No. 17-150, June 14, 2017)
641. Within the lands zoned General Industrial (M5) Zone, identified on Maps
1047, 1048 of Schedule "A" - Zoning Maps and described as 398, 400, 402
Nash Road North and 30, 50, 54 Bancroft Street, the following special
provisions shall apply:
a)
In addition to Section 9.5.1, the following uses shall only be
permitted within the building existing on the date of the passing of
this By-law, being the 14th of July, 2017 for lands located at 398,
400, 402 Nash Road North and 30, 50, 54 Bancroft Street:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-448
i)
Commercial Recreation in conjunction with another permitted
use;
ii)
Retail; and,
iii)
Studio.
(By-law No. 17-149, June 14, 2017)
642. Deleted
(By-law No. 17-202, September 27, 2017)
(By-law No. 19-140, June 12, 2019)
(By-law No. 19-209, September 11, 2019)
(By-law No. 19-248, October 9, 2019)
(By-law No. 19-257, October 23, 2019)
(By-law No. 20-201-LPAT, September 21, 2020)
(By-law No. 21-189, October 13, 2021)
643. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 643) Zone, identified on Maps 1175 and 1229 of Schedule "A" -
Zoning Maps and described as 280 Wilson Street East, the following
special provisions shall apply:
a) Notwithstanding Subsection 5.2 i), a One-Way and Two-Way Aisle
Width of 3.5 m shall be provided.
b) Notwithstanding Subsection 5.2.1 c) a loading space shall be permitted
in a required southerly side yard abutting an Institutional Zone and shall
be screened from view by a Visual Barrier in accordance with Section
4.19 of this By-law.
c) Notwithstanding Subsection 5.6 c) Parking Schedule for all Zones,
except Downtown Zones for Dwelling Units and Dwelling Units in
Conjunction with Commercial Use (Commercial and Mixed Use (C5)
and (C5a) Zones and all Transit Oriented Corridor Zones):
ii) Dwelling units greater
than
50.0
square
metres in gross floor
area
1.7 per unit
d) In addition to Subsection 10.5.a.1 and 10.5a.1.1, a multiple dwelling
shall be permitted and restricted in accordance with the following
provisions:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-449
i) A Multiple Dwelling shall have a minimum 12.0 metre setback from
the front lot line.
ii) Notwithstanding Subsection 10.5a.1.1 ii) 2., residential uses shall be
permitted on the ground floor.
e) Notwithstanding Subsection 10.5a.3 b), c), d)i), d)ii), and d)iii) the
following regulations shall apply to a multiple dwelling having a
minimum setback of 12 metres from the front lot line:
i) Minimum Rear Yard
3.0 metres.
ii) Minimum Side Yard
3.0 metres, abutting a Residential
or
Institutional
Zone
or
lot
containing a residential use except
as detailed in Figure 1 of Schedule
"B" - Property Details.
iii) Maximum Building Height
14.3 metres
f) Notwithstanding any other provisions of this By-law, the building
existing on the effective date of this By-law, shall be deemed to comply
with the regulations for any required setbacks, front yard, façade length,
and building height.
g) Notwithstanding any other provisions of this By-law, Subsections
10.5a.3 h) ii), iv), v), vi), viii), and ix) shall not apply to New Development
on lands where the building existing as of the date of passing of this by-
law remains on site.
h) In addition to Subsection 10.5a.7, visitor parking shall be provided at a
rate of 0.25 spaces per dwelling unit.
(By-law No. 19-299, December 11, 2019)
644. Within the lands zoned Community Institutional (I2) Zone, identified on Map
Nos. 1174 and 1175 of Schedule A" - Zoning Maps and described as 357
Wilson Street East, Ancaster, the following special provisions shall apply:
a) For the purposes of Special Exception 644 the following definition shall
apply:
Performing Arts Theatre
Shall mean a building or structure
or part thereof, used for the
presentation
of
musical,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-450
theatrical, dance, or other live
performances and may include
lounges,
dressing
rooms,
workshop rooms, storage areas,
but shall not include a cinema.
b) Section 4.23 d) shall not apply.
c) In addition to the uses permitted in Section 8.2.1 of this By-law, the
following uses shall also be permitted:
Multiple Dwelling
Performing Arts Theatre
Place of Assembly
Artist Studio
d) In addition to Section 8.2.3 the following special provisions shall apply:
A. PERFORMING ARTS
THEATRE, PLACE OF
ASSEMBLY, STUDIO
REGULATIONS
i)
Minimum Yard
1.
6.0 metres where property
line abuts a Residential
Zone property line.
2.
Notwithstanding 1. above,
no building or part thereof
shall be permitted between
the building facade and
Wilson Street East.
ii)
Minimum Rear
Yard
7.0 metres;
iii)
Maximum Building
Height
1.
15.0 metres;
2.
Notwithstanding 1. above,
the building shall not exceed
3 storeys.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-451
iv)
Parking for
Performing Arts
Theatre
Notwithstanding Section 5 of this
By-law, 1 parking space shall be
provided for every 10 persons
accommodated
v)
Accessory
Buildings
In
accordance
with
the
requirements of Section 4.8 of this
By-law.
vi)
Visual Barrier
Shall be provided along that
portion of a property lot line
abutting a Residential Zone, in
accordance with Section 4.19 of
this By-law.
B. MULTIPLE DWELLING
REGULATIONS
i)
Minimum setback
from a Residential
Zone property line
2 metres;
ii)
Maximum Building
Height
10.5 metres;
iii)
Visual Barrier
Shall be provided along that portion
of a property lot line abutting a
Residential Zone, in accordance
with Section 4.19 of this By-law.
iv)
Parking
i)
In accordance with Section 5 of
this By-law.
ii)
In addition to i) above 1 parking
space for each dwelling unit,
except where a dwelling unit is
50 square metres in gross floor
area or less, in which case
parking shall be provided at a
rate of 0.3 spaces for each such
unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-452
v)
Accessory
Buildings
In accordance with the requirements
of Section 4.8 of this By-law.
e) In addition to Section 8.2.3.8 and notwithstanding Section 4.28(a)(ii) of
this By-law an Urban Farmers Market shall be permitted.
(By-law No. 17-254, November 27, 2017)
645. Within the lands zoned Conservation/Hazard Land (P5) Zone, identified on
Map Nos. 1150 and 1151 of Schedule "A" - Zoning Maps, and described
as 42, 44, 48, 52 and 54 Lakeshore Drive, the following special provisions
shall apply:
a)
That Section 4.23 d) shall not apply to the zone boundary of the
Conservation/Hazard Land (P5) Zone.
(By-law No. 20-175, August 21, 2020)
646. Within the lands zoned District Commercial (C6) Zone, identified on Maps
1911 and 1912 of Schedule "A" - Zoning Maps, and described as 2400
Regional Road 56, the following special provisions shall apply:
a)
Notwithstanding Section 4.8.1a, an accessory building existing at
the time of the passing of the By-law shall be permitted.
b)
Notwithstanding Subsection 10.6.3a), the Maximum Setback
Fronting onto a Street Line shall be 28.0 metres.
c)
Subsection 10.6.3g)iv) shall not apply.
(By-law No. 17-240, November 8, 2017)
647. Within the lands zoned Mixed Use High Density (C4) Zone, identified on
Maps 957, 958, 999, and 1000 of Schedule "A" - Zoning Maps and
described as:
Property Address
Map Number
1091 Barton Street East
999
1111, 1115 Barton Street East
957, 999
1145, 1147, 1149, 1183, 1187, 1191,
1211, 1219, 1223, 1231, 1241, 1249,
1259, 1263 Barton Street East
957, 958, 999, 1000
1255, 1273, 1275, 1283, 1299, 1311,
1317, 1321 Barton Street East
958, 1000
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-453
The following special regulations shall apply:
a)
In addition to Subsection 10.4.1, following uses shall also be
permitted:
i)
Motor Vehicle Showroom
b)
In addition to Section 3: Definitions, for the purpose of Special
Exception No. 647, the following definition shall apply:
Motor
Vehicle
Show Room
Shall mean an establishment located internal to
a building where new motor vehicles are
displayed for the purpose of sale or leasing, and
may include accessory retailing of souvenir
merchandise, and shall not include the storage
of motor vehicles and Motor Vehicle Service
Station.
c)
A minimum building height of 6.0 metres shall be provided for
commercial buildings containing only one or more of the following
uses:
i)
Financial Establishment
ii)
Personal Service
iii)
Restaurant
iv)
Retail
d)
Where a building(s) on a lot exists on the date of the passing of the
By-law, and have frontage on Barton Street East and/or Kenilworth
Avenue North, Subsection 10.4.3a)i) shall not apply to any additional
buildings.
e)
Notwithstanding Subsection 5.2 b)i) and 5.2 f), for the lands located
at 1283 Barton Street East, the following special parking regulations
shall also apply:
i)
Parking
Space
Size
Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided.
ii)
Barrier
Free
Parking
Space Size Dimension
A minimum barrier free parking
space size dimension of 4.4
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-454
metres by 5.5 metres shall be
provided.
(By-law No. 17-240, November 8, 2017)
(By-law No.17-240-OLT-05, March 14, 2022)
648. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
1546 and 1547 of Schedule "A" - Zoning Maps and described as 1324
Rymal Road East and 172 Dartnall Road, the following special provisions
shall apply:
a) Notwithstanding Subsections 5.1v), 10.7.3a), and f), the following
special regulations shall also apply:
i)
Maximum Yard
Abutting a Street
(Northerly Lot Line)
3.0 metres within 30.0 metres of the
intersection of the northerly and
easterly lot lines.
ii)
Maximum Yard
Abutting a Street
(Easterly Lot Line)
3.0 metres except a maximum
setback of 6.0 metres shall be
provided and maintained within 30.0
metres of the intersection of the
northerly and easterly lot lines.
iii)
Landscaped Area
along Rymal Road
East and Dartnall
Road
3.0 metres in depth and abutting the
street line shall be provided and
maintained.
iv)
Planting Strip
Requirements
A Planting Strip of not less than 1.5
metres in width shall be provided and
maintained along every rear and side
lot lines not abutting a street.
v)
Minimum Building
Façade Requirement
A minimum width of the building
façade shall be equal to 45% of the
measurement of the northerly lot line
and within 50 metres of the Dartnall
lot line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-455
vi)
Window Requirements
All buildings shall have windows with
a maximum sill height of 1.0 metres
and a minimum height from finished
floor to top of window of 2.4 metres
for a minimum of 25% of the length of
the façade facing the street.
vii)
Locational
Requirement
of a Parking space
No parking space or part thereof
shall be located, and no land shall be
used for the temporary parking or
storage of any motor vehicle at a
distance of not less than 6.0 metres
from a street line or closer than 1.5
metres from the lot lines not abutting
the street.
(By-law No. 17-240, November 8, 2017)
649. Within the lands zoned District Commercial (C6) Zone, identified on Maps
1433 and 1482 of Schedule "A" - Zoning Maps and described as the
northwest corner of Wilson Street West and Mason Drive, the following
special provisions shall apply:
a)
In addition to the definition of Retail in Section 3: Definitions, the
following definition shall also apply:
Supermarket
A store in which various kinds of food and non-food
items are offered or kept for sale, including fresh
meats and fresh produce, provided that the area
devoted to food items is predominant, and the non-
food items may include but are not limited to
flowers, hardware, patent medicines, toiletries,
household
supplies,
garden
supplies,
wine,
photofinishing, magazines and videos.
b)
Notwithstanding Subsection 10.6.1, only the following uses shall be
permitted:
i)
Art Gallery
ii)
Auctioneer Establishment
iii)
Building and Lumber Supply Establishment, within a wholly
enclosed building
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-456
iv)
Catering Service
v)
Child Care Centre
vi)
Cold Storage Locker Establishment
vii)
Commercial Entertainment, within a wholly enclosed building
viii)
Commercial Parking Facility
ix)
Commercial Recreation, within a wholly enclosed building
x)
Community Garden
xi)
Craftsperson Shop
xii)
Educational Establishment
xiii)
Financial Establishment
xiv)
Funeral Home
xv)
Laboratory
xvi)
Library
xvii)
Major Recreational Equipment Sales, Rental and Service
Establishment
xviii) Manufacturing, limited to a Printing and / or Publishing
Establishment
xix)
Medical Clinic
xx)
Motor Vehicle Dealership
xxi)
Museum
xxii)
Office
xxiii) Personal Service
xxiv) Post Office
xxv)
Private Club or Lodge
xxvi) Recreational Vehicle Sales and Service Establishment
xxvii) Repair Service
xxviii) Restaurant
xxix) Retail, not including a Supermarket
xxx)
Transportation Depot
xxxi) Urban Farm
xxxii) Urban Farmer's Market
c)
Notwithstanding Subsection 10.6.1.1 i) 1. B., a two-storey building
containing office uses on both the first and second floor is also
permitted.
d)
In addition to Subsection 10.6.2, the following uses shall also be
prohibited, even as an accessory use:
i)
Body Rub Parlour
ii)
Department Store
iii)
Dwelling Unit
iv)
Open Storage
v)
Supermarket
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-457
e)
Notwithstanding Subsection 10.6.3e) and f), the maximum Gross
Floor Area for all uses shall be 10,000 square metres, and shall not
apply to Motor Vehicle Sales and Service Establishment and Major
Recreational Vehicle Sales, Service, and Rental Establishment.
(By-law No. 17-240, November 8, 2017)
(By-law No. 22-084, April 13, 2022)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
650. Within the lands zoned Arterial Commercial (C7) Zone, identified on Maps
1433, 1434, 1482 and 1483 of Schedule "A" - Zoning Maps, and described
as:
Property Address
Map Number
Lands located at the northwest corner
of Portia Drive and Mason Drive
1433
Lands located at the northeast corner
of Portia Drive and Mason Drive
1433 & 1434
100 Portia Drive
1434
30 Mason Drive
1433, 1434, 1482 & 1483
1147 Garner Road West
1434 & 1483
1151 Garner Road West
1434 & 1483
374 Shaver Road
1383
1019 Wilson Street West
1434 & 1383
1025 Wilson Street West
1434
1059 Wilson Street West
1434
1075 Wilson Street West
1434
1089 Wilson Street West
1434
1097 Wilson Street West
1434
1154 Wilson Street West
1434
1160 Wilson Street West
1434 & 1483
1172 Wilson Street West
1434 & 1483
1180, 1184, 1198 and 1206 Wilson
Street West
1434 & 1483
The following special regulations shall apply:
a)
In addition to Subsection 10.7.1, following uses shall also be
permitted:
i)
Financial Establishment
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-458
b)
Notwithstanding Section 10.7.3a), the Minimum Building Setback
from a Street Line for a Warehouse shall be 250.0 metres.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-039, February 27, 2019, NOT FINAL AND BINDING)
651. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1175 of Schedule "A" - Zoning Maps and
described as 392 Wilson Street East, the following special regulation shall
apply:
a)
Notwithstanding Subsection 10.5a.3 b), the minimum rear yard
shall be 3.0 metres.
(By-law No. 17-240, November 8, 2017)
652. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1748, 1749, and 1785 of Schedule "A" - Zoning Maps and
described as:
Property Address
Map Number
3311 Homestead Drive (part of
lands)
1748 & 1749
3239 Homestead Drive
1748 & 1785
3249 Homestead Drive
1748
3253 Homestead Drive
1748
3263 Homestead Drive
1748
3269 Homestead Drive
1748
3275 Homestead Drive
1748
3260 Homestead Drive
1748
3266 Homestead Drive
1748
3272 Homestead Drive
1748
3287 Homestead Drive
1785
3307 Homestead Drive
1785
3311 Homestead Drive
1748, 1749 and 1785
3313 Homestead Drive
1785
3323 Homestead Drive
1785
3325 Homestead Drive
1785
3329 Homestead Drive
1785
3331 Homestead Drive
1785
3300 Homestead Drive
1785
The following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-459
a)
In addition to Subsection 10.5.1, the following additional uses shall be
permitted:
i)
Street townhouse Dwellings
ii)
Single Detached and Duplex Dwellings existing at the date of
the passing of the by-law (November 8, 2017)
b)
Notwithstanding Subsection 10.5.3 a), 10.5.3 b), 10.5.3 d), and in
addition to Subsection 10.5.3, the following special regulations shall
apply:
i)
Minimum building
setback from a street
line
9.0 metres
ii)
Minimum Rear Yard
10.7 metres
iii)
Maximum Building
Height
10.7 metres
iv)
Lot coverage
25%.
(By-law No. 17-240, November 8, 2017)
653. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1239 and 1292 of Schedule "A" - Zoning Maps and described as
970 Upper Wentworth Street, the following special provisions shall apply:
a)
For the building located at the south-west corner of Upper Wentworth
Street and King Fisher Drive, the following special regulations shall
apply:
i)
Notwithstanding Subsection 4.25 c) ii), the stacking lane for the
drive through facility may be located within 16.5 metres of King
Fisher Drive.
ii)
Notwithstanding Subsection 5.2 b) i), the minimum parking
space size dimension of 2.7 metres by 6.0 metres shall be
provided and maintained.
iii)
Subsection 5.2.1 a) shall not apply.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-460
iv)
Notwithstanding Subsection 10.5.3 a) ii), the maximum setback
from the street line shall be:
1) 16.3 metres from Upper Wentworth Street; and,
2) 13 metres from King Fisher Drive.
b)
Notwithstanding Subsection 5.6 c), 338 parking spaces shall be
provided and maintained for the entire site.
(By-law No. 17-240, November 8, 2017)
654. Within the lands zoned Community Commercial (C3) Zone, identified on
Map 1443 of Schedule "A" - Zoning Maps and described as 2000 Garth
Street, the following special provisions shall apply:
a)
Notwithstanding Subsections 5.2 b) i), 5.2 f), 5.2 h) i), 5.2 h) ii), 10.3.3
a), 10.3.3 i) i), 10.3.3 i) ii), the following regulations shall apply:
i)
Maximum Building
setback from a street
line
4.7 metres
ii)
Minimum width of a
ground floor facade
30%
iii)
Landscaped area in
the parking lot
2% of the area of the parking lot
iv)
Parking space size
2.6 metres x 5.5 metres
v)
Barrier free parking
space size
4.4 metres x 5.5 metres
(By-law No. 17-240, November 8, 2017)
655. Within the lands zoned District Commercial (C6) Zone, identified on Map
1434 of Schedule "A" - Zoning Maps and described as 1060 Wilson Street
West, the following special provisions shall apply:
a)
For the building located at the north-east corner of Wilson Street West
and the access to the site, the following special regulations shall
apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-461
i)
Notwithstanding Subsection 5.2 b) i), the minimum parking
space size dimension of 2.6 metres by 5.5 metres shall be
provided and maintained.
ii)
Section 5.2.1 a) shall not apply.
iii)
Notwithstanding Section 10.5.3 a) ii), the maximum setback
from the street line shall be 5.0 metres from Wilson Street
West.
b)
Notwithstanding Section 5.6 c), the following number of parking
spaces shall be provided and maintained for the entire site:
i)
385 parking spaces; and,
ii)
8 barrier free spaces.
(By-law No. 17-240, November 8, 2017)
(By-law No. 19-062, March 27, 2019)
657. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map No. 1087 of Schedule "A7" - Zoning Maps and described as 952
- 954 Concession Street, the following special provisions shall apply:
a)
Notwithstanding Subsection 4.6 a), the usual projections of window
sills, chimney breasts, belt courses, cornices, eaves, troughs and
other similar architectural features, ductwork, venting and other
similar appurtenances may project not more than 0.35 metres into
the required front yard, and not more than 0.3 metres into the
required side yard along the easterly lot line.
b)
Notwithstanding Subsection 4.6 b), an exterior staircase may
encroach into the required front yard to a maximum of 0.35 metres,
and into the required side yard along the easterly lot line to a
maximum of 0.3 metres.
c)
Notwithstanding Subsection 4.6 e), a balcony may encroach into the
required front yard to a maximum of 0.35 metres, and into the
required side yard along the easterly lot line to a maximum of 0.3
metres.
d)
Section 5.1 a) v) shall not apply.
e)
Notwithstanding Subsection 5.1 d) i), with the exception of any
visitor parking or barrier free parking required by Section 5.6,
required parking for multiple dwellings shall not be located between
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-462
the façade and the front lot line or between the façade and flankage
lot line.
f)
Notwithstanding Subsection 5.2 b) i), parking space sizes shall be a
minimum 2.75 metres in width and 5.8 metres in length.
g)
Notwithstanding Subsections 5.6 c) and g), the following regulations
shall apply:
i)
10 parking spaces shall be provided, which shall include one
parking space per Dwelling Unit, one visitor parking space for
all Dwelling Units, and one barrier free parking space.
ii)
The required visitor parking space shall be maintained for the
shared use between the commercial use(s) and residential
use, have a sign legibly marking that the parking space is for
the shared use of both commercial and residential visitor
parking, and shall be maintained readily accessible for either
use, free and clear of all obstructions.
h)
Notwithstanding Subsections 5.7 c) and f), no short-term bicycle
parking shall be required.
i)
In addition to Section 10.2.1, a Martial Arts Club shall be permitted.
j)
In addition to Section 10.2.1.1, the following restrictions shall apply:
i)
A Restaurant, with a maximum seating capacity of 25 shall be
permitted.
ii)
A Veterinary Service, excluding cremation shall be permitted.
iii)
Commercial uses shall be restricted to the ground floor of the
building, and further, the basement or cellar of the building,
whichever is applicable, shall be used for storage for the
commercial uses only.
k)
Notwithstanding Section 10.2.1.1 ii), a maximum of 3 Dwelling Units
shall be permitted in conjunction with a commercial use and shall
only be permitted above the ground floor except for access,
accessory office and utility areas, and further, shall not occupy more
than 50% of the total gross floor area of all the building(s) within the
lot.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-463
l)
In addition to Section 10.2.2, an outdoor patio is prohibited, even as
an accessory use.
m) Notwithstanding Section 10.2.3 a), the following regulations shall
apply:
i)
The building setback from a street line shall be a minimum of
0.35 metres (Concession Street).
ii)
The building setback from a street line shall be a minimum of
0.30 metres (Upper Gage Avenue).
n)
Notwithstanding Section 10.2.3 b), a minimum rear yard setback of
0.0 metres shall be required.
o)
Notwithstanding Section 10.2.3 j), a minimum 0.9 metre wide
Planting Strip shall be provided and maintained along the westerly
property lot line.
(By-law No. 21-189, October 15, 2021)
658. Within the lands zoned Extractive Industrial (M12) Zone, identified on
Map No. 83 of Schedule "A" - Zoning Maps and described as 582, 626,
632, 634 and 638 Brock Road, 790, 798, 822, 826 and 832 Concession 4
West, and 520, 526, 532, 536, 540, 542, 546, 550, 554, 559, 564, 565,
568, 580 and 588 Moxley Road, Flamborough, the following special
provision shall apply:
a)
Notwithstanding Section 9.12.3.4 a), a minimum setback for
excavation of 15 metres shall be required adjacent to the southerly
property line of 559 and 565 Moxley Road and 582 Brock Road.
(By-law No. 17-257, November 22, 2017)
659. Within the lands zoned Major Institutional (I3, 659) Zone, identified on
Map No. 1230 of Schedule A and described as 558 Golf Links Road, the
following special provisions shall apply:
PERMITTED USES
Notwithstanding the uses permitted in Section 8.2.1, only the following
uses shall be permitted:
Retirement Home
Long Term Care Facility
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-464
Multiple Dwelling
SPECIAL PROVISIONS FOR "I3, 659" ZONE
In addition to Section 8.3, the following special provisions shall also apply
to the development within the "I3, 659" Zone
DEFINITIONS
Notwithstanding the definition of Grade in Section 3: Definitions
Grade
Shall mean the average level of
the proposed or finished ground
adjoining a building calculated
along the exterior wall at the
Subsection 4.23 d):
Special Setback
Shall not apply.
In addition to
Subsection 5.2 x)
Design Standards
Multiple Dwelling in conjunction with a
Retirement Home shall also apply.
Notwithstanding
Subsections 8.3.2.1 c)
and 8.3.2.2 b)
Maximum Building
Height
Three storeys, measured from grade.
a) Basement
Where there is a basement, no more than
50% of its area may be devoted to dwelling
units.
b) Separation of Massing
A minimum of two, one storey sections of the
building, having a minimum length of 9.0
metres, each shall be incorporated into the
building.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-465
front of the building, having the
principal entrance on the private
road.
(By-law No. 17-283, December 8, 2017)
660. In addition to Section 6.1.1 of this By-law within the lands zoned Downtown
Central Business District (D1) Zone, identified on Map 911 of Schedule "A"
- Zoning Maps and described as 136-146 Cannon Street East the following
uses shall also be permitted:
Duplex Dwelling
Single Detached Dwelling
Semi-Detached Dwelling
Street Townhouse Dwelling
(By-law 18-114, May 9, 2018)
663. Within the lands zoned Conservation / Hazard Lands (P5, 663) Zone,
identified on Map No. 1230 of Schedule "A" and described as 558 Golf
Links Road, the following special provisions shall apply"
SPECIAL PROVISIONS FOR "P5, 663" ZONE
a) Location of retaining
wall
Shall
only
be
permitted
along
the
southwesterly lot line, southerly lot line, and
adjacent to a required driveway access.
b) Service Road Access
c) Services
A private service road access shall be
permitted from Southcote Road.
Connections for a private water and
wastewater services shall be permitted in
conjunction with the private service road
access.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-466
(By-law No. 17-283, December 8, 2017)
664
Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 912 of Schedule "A" - Zoning Maps and
described as 252-256 Victoria Avenue North and 290 Barton Street East,
the following special provisions shall apply:
a)
Notwithstanding Section 3: Definitions, for the purposes of this
Special Exception, the front lot line shall be deemed Victoria Avenue
North.
b)
Notwithstanding Subsection 5.2 b) i), the minimum parking space size
dimension of 2.6 metres by 5.5 metres shall be provided and
maintained.
c)
In addition to section 10.5 a), a minimum of landscaped strip of 2.0
metres in width shall be provided and maintained along Victoria
Avenue North.
(By-law No. 17-240, November 8, 2017)
665. Within the lands zoned Community Commercial (C3) Zone, identified on
Map 1241 of Schedule "A" - Zoning Maps and described as 675 Mohawk
Road East, the following special regulations shall apply:
a)
Subsection 4.25 (c)(ii) shall not apply.
b)
Subsection 10.3.3(i)(vi) shall not apply.
(By-law No. 17-240, November 8, 2017)
666. Within the lands zoned District Commercial (C6) Zone, identified on Map
1187 of Schedule "A" - Zoning Maps and described as 601 Upper Gage
Avenue and 952 Fennell Avenue East, the following special regulation shall
apply:
a)
Notwithstanding Subsection 4.12 (f)(ii), expansions to buildings
legally existing on the date of the passing of the by-law may be
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-467
permitted provided the total expansion of the gross floor area of all
the buildings on the site does not exceed 2,973 square metres.
(By-law No. 17-240, November 8, 2017)
667. Within the lands zoned District Commercial (C6) Zone, identified on Map
1447 of Schedule "A" - Zoning Maps and described as 505 Rymal Road
East, the following special regulation shall apply:
a)
Notwithstanding Subsection 4.12 (f)(ii), expansions to buildings
legally existing on the date of the passing of the by-law may be
permitted provided the total expansion of the gross floor area of all
the buildings on the site does not exceed 4,180 square metres.
(By-law No. 17-240, November 8, 2017)
669. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1051 and 1097 of Schedule "A" - Zoning Maps and described as
461 Green Road, the following special provisions shall apply:
a)
In addition to Section 3 of this By-law, any reserve block abutting a
lot line shall be considered a street.
b)
In addition to 4.23 a) and Section 5.2 e) and notwithstanding
Sections 5.1 a) v) b), 5.1 d), 5.2 b) and f), 5.2.1 c), 5.2 (h) i), and 5.6
c) and e), the following regulations shall apply:
i)
Special Setbacks
Electrical and communication
facilities, noise walls, and
fences existing on the effective
date of this By-law shall be
deemed to comply with the
regulations for any required
setbacks and are permitted by
this By-law.
ii)
Planting Strip
Shall provide a 2.8 metre wide
planting strip being required
and permanently maintained
between the street line and the
said parking spaces or aisles,
except for that portion where a
building, not including any
accessory structure or
mechanical or unitary
equipment, is located between
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-468
the street line and parking
spaces and aisles.
ii)
Parking Location
Parking spaces in excess of
the required parking and aisles
shall be permitted between the
required building façade and
the front lot line.
iv)
Parking Space Sizes
a) Minimum 2.75 metres in
width and 5.8 metres in
length.
b) Notwithstanding a) above,
barrier free parking spaces
shall be a minimum of 2.8
metres in width and 5.8
metres in length,
accompanied by a painted
aisle of not less than 1.5
metres in width.
v)
Surfaces of Parking
Spaces and Parking
Lots
May include exhaust and
intake vents provided at grade.
vi)
Loading Facilities
A Loading Facility shall be
permitted in a required yard
abutting a Residential Zone and
shall be screened from view by
a Visual Barrier in accordance
with Section 4.19 of this By-law.
vii)
Number of Parking
Spaces for a
Multiple Dwelling
and Commercial or
Institutional Uses
a) Minimum 1.25 parking
spaces and 0.25 visitor
parking spaces per dwelling
unit.
b) Maximum 1.5 parking
spaces and 0.35 visitor
parking spaces per dwelling
unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-469
c) No parking spaces shall be
required for Commercial or
Institutional Uses.
d) Each shared commercial
and residential visitor
parking space shall:
a. be maintained for the
use of both the
commercial and
residential visitor
parking;
b. have a sign erected and
legibly marked that the
parking spaces are for
the use of both
commercial and
residential visitor
parking: and,
c. be maintained and
readily accessible for
either use, free and
clear of all obstructions.
viii)
Landscaped Area
Landscaped Area(s) with a
minimum combined area of 2%
of the area of the parking lot
and associated access
driveway and maneuvering
areas shall be provided and
maintained.
c)
Notwithstanding Sections 10.5.3 a), d), g), i), and j), and in addition
to Sections 10.5.1.1 and 10.5.3 h), the following regulations shall
apply:
i)
Building Setback from
a Street Line
From Green Road:
a) Minimum 0.4 metres;
and,
b) Maximum 8.5 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-470
From North Service Road:
a) Maximum 16.5 metres.
ii)
Restricted Uses
a) Multiple Dwelling Unit(s)
shall only be permitted in
conjunction with a
Commercial Use.
iii)
Building Height
a) Minimum 7.5 metre
façade height for any
portion of a building
along a street line;
b) Maximum 46.0 metres;
c) In addition to a) and
notwithstanding b) above,
any building height above
11.0 metres may be
equivalently increased as
the yard increases
beyond the minimum
yard requirement
established in Sections
10.5.3 b) and c) of this
By-law when abutting a
Residential Zone, to a
maximum of 46.0 metres;
and,
d) 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
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-471
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 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
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-472
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.
iv)
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:
a) Rooftop mechanical
equipment shall be
located and/or screened
from view of any abutting
street.
b) The minimum combined
width of the ground floor
façade facing the front lot
line and flankage lot line
shall be greater than or
equal to 50% of the
measurement of all lot
lines abutting a street.
c) In addition to
Subsections a) and b)
above, the minimum
width of the ground floor
façade facing the front
and flankage lot lines
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-473
shall exclude access
driveways and any
required yards within a lot
line abutting a street.
d) No parking spaces and/or
aisles shall be permitted
between the required
building façade and the
flankage lot line.
e) A minimum of one
principal entrance shall
be provided:
a. within the ground
floor façade that is
set back is closest
to a street; and,
b. shall be accessible
from the building
façade with direct
access from the
public sidewalk.
f) A walkway shall be
permitted in a Planting
Strip where required by
the By-law.
v)
Minimum Amenity Area
for Dwelling Units and
Multiple Dwellings
In addition to the Minimum
Amenity Area requirements,
a rooftop amenity area that
has exposure to the front lot
line shall be less than 4.0
metres in depth.
vi)
Planting Strip
a) A minimum 0.7 metres
wide Planting Strip shall
be provided and
maintained along the rear
lot line abutting a
Residential zone
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-474
between the rear lot line,
and, parking aisles and
exhaust and intake vents;
and,
b) A minimum 2.0 metre
wide Planting Strip, which
may include a noise wall,
shall be provided and
maintained along the
remainder of the rear lot
line abutting a
Residential zone.
vii)
Visual Barrier
Requirement
A visual barrier shall be
required along any lot line
abutting a Residential Zone
property line in accordance
with Section 4.19 of this By-
law, except between the rear
lot line and exhaust and
intake vents.
viii)
Density
a) Minimum 100 dwelling
units per net residential
hectare.
b) Maximum 349 dwelling
units per net residential
hectare.
d)
Section 10.5.1.1 i) 1) shall not apply.
(By-law No. 20-036, February 27, 2020)
(By-law No. 21-189, October 15, 2020)
670. Within the lands zoned Conservation / Hazard Land (P5) Zone, identified
on Map No. 1435 of Schedule "A' - Zoning Maps and described as 503
and 515 Garner Road West, the following special provisions shall apply:
a)
Notwithstanding Subsection 4.23 d), all buildings or structures
located on the subject property shall be setback a minimum of 6.0
metres from the Conservation / Hazard Land (P5) Zone.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-475
(By-law No. 18-052, February 14, 2018)
671. Within the lands zoned Open Space (P4) Zone, identified on Map 876 of
Schedule "A" - Zoning Maps and described as part of 175 Pier 24
Gateway, the following special provisions shall apply:
a)
In addition to Subsection 7.4.1, the following use shall also be
permitted:
i) Private Access Road.
(By-law No. 18-093, April 11, 2018)
672. Within the lands zoned Conservation / Hazard Land (P5) Zone, identified
on Map 1034 of Schedule "A" - Zoning Maps, and described as Part of 870
Scenic Drive, the following special provisions shall apply:
a) In addition to Subsection 7.5.1, the following uses shall be permitted
only within the building existing as of June 22, 2012 (known as the Long
and Bisby Building):
i) A maximum of 12 dwelling units;
ii) Commercial uses limited to:
Art Gallery
Artist Studio
Business or Professional Office
Child Care Centre
Community Centre
Craftsperson Shop
Lecture Room
Library
Museum
Personal Service
Restaurant, to a maximum gross floor area of 200 square metres
Retail Store, excluding a Convenience Store, to a maximum gross
floor area of 200 square metres
iii) Accessory uses limited to:
Child Care Centre
Craftsperson Shop
Home Occupation
Medical Clinic
Office
Personal Service
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-476
Studio
Retail Store, to a maximum gross floor area of 200 square metres
(By-law No. 18-219, August 17, 2018)
(By-law No. 25-155, August 06, 2025)
673. Within the lands zoned Neighbourhood Commercial (C2, 673) Zone,
identified on Map No. 1252 of Schedule "A" Zoning Maps and described as
417, 419, 421, & 423 Highway No. 8, and the rear portions of the lands
located at 176 Millen Road and 175 Margaret Avenue, the following special
provisions shall apply:
a)
Notwithstanding Section 5.2 b), h) and 5.6 c) the following special
parking regulations shall apply:
i)
Parking Space
Size Dimension
A
minimum
parking
space
size
dimension of 2.75 metres by 5.8
metres shall be provided;
ii)
Section 5.2 h) shall not apply
iii) Minimum
Parking
Requirement
59 parking spaces shall be provided
and maintained for the entire site
b)
In addition to Section 10.2.3 a) ii) and Notwithstanding Sections
10.2.3 c) ii), d), f), and g) the special regulations shall apply:
i)
Maximum Building
Setback
from
a
Street Line
5.3 metres for the building existing on
the date of the passing of this By-law.
ii)
Minimum
Interior
Side Yard
2.7 metres abutting a Residential or
Institutional Zone or lot containing a
residential use;
iii) Maximum Height
15.0 metres;
iv) Section 10.2.3 f) shall not apply;
v)
Maximum
Gross
Floor
Area
for
Commercial Uses
on a Lot
1,800 square metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-477
vi) Maximum Glazing
of Façade
A maximum of 50% of glazing on west
facing windows shall be composed of
transparent vision glass.
(By-law No. 18-087, April 11, 2018)
(By-law No. 24-137, July 12, 2024)
674. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Maps 1934 and 1956 of Schedule "A14", and
described as:
Property Address
Map Number
3100 Regional Road 56
1934
3110 Regional Road 56
1934
3120 Regional Road 56
1934, 1956
3140 Regional Road 56
1934, 1956
Block 131 of Registered Plan of
Subdivision 62M-1062
1934
The following special provisions apply:
a)
Notwithstanding the definition of "Front Lot Line" in Section 3,
Regional Road 56 shall be deemed the front lot line.
b)
In addition to the definition of "Landscaped Area" in Section 3,
Landscaped Areas may also include hydro transformers and similar
appurtenances.
c)
The lands described as 3100, 3110, 3120, 3140 Regional Road 56
and Block 131 of Registered Plan of Subdivision 62M-1062 shall be
deemed one lot for zoning purposes.
d)
In addition to Subsection 5.1 d) i) and 5.6 c), and notwithstanding
Subsections 5.1 a) v), 5.2 b) and f), and 5.6 c) i. and iv., the following
regulations shall apply:
i)
The minimum parking space size shall be 3.0 metres in width
and 5.8 metres in length.
ii)
The minimum barrier-free parking space size shall be 4.4
metres in width and 5.8 metres in length, except where two (2)
barrier-free parking spaces are located together, a minimum
3.5 metres in width shall be permitted for each space.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-478
iii)
Minimum Parking Requirements
i.
Residential Uses
Dwelling Unit and
1 space per unit.
0.5 visitor spaces per
unit.
Dwelling Unit, Mixed Use
ii.
Commercial Uses
All Commercial Uses
1 for each 30 square
metres of Gross Floor
Area
which
accommodates such
use
iv) Minimum Loading Space Requirements: 1 space
e)
Notwithstanding Subsection 4.6 a), d), e), and f), the following
regulations apply:
i)
Sills, belt courses, cornices, eaves and gutters, chimneys, bay
windows, and pilasters may project into any required yard a
maximum 3.0 metres; and,
ii)
Balconies, canopies, fruit cellars, and unenclosed porches
may project into any required front, rear or side yard a
maximum 3.0 metres.
f)
In addition to Subsection 10.5a.1, the following uses shall also be
permitted:
i) Dwelling Unit
ii) Multiple Dwelling
iii) Private Club or Lodge
g)
Notwithstanding Subsection 10.5a.1.1 ii) 2., Dwelling Units shall be
permitted on the ground floor.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-479
h)
Notwithstanding Subsections 10.5a.3 a), d), h) x), i), and in addition
to Subsection 10.5a.3. j), the following regulations shall apply:
i)
Maximum Building
Setback from a
Street Line
No Maximum
ii)
Building Height
The maximum building height
shall be 11 metres.
iii) Built Form for New
Development
The first storey shall have a
minimum height of 3.5 metres and
a maximum height of 4.5 metres.
iv) 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 6.0 metre wide Planting
Strip shall be provided and
maintained.
v)
Visual Barier
A Visual Barrier shall also be
required where a loading space
abuts any Residential or
Institutional Zone or a residential or
institutional use.
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
675. Deleted
(By-law No. 21-189, October 15, 2021)
676. Within the lands zoned City Wide Park (P3) Zone, identified on Maps 1341,
1342, 1393 and 1394 of Schedule "A" - Zoning Maps, and described as a
portion of 1086 West 5th Street, the following special provisions shall apply:
a)
In addition to Section 3, the following definition shall apply:
Archaeological Conservation
Shall mean the preservation of
an archaeological resource or
resources in place.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-480
b)
Notwithstanding
Subsection
7.3.1,
only
Archaeological
Conservation shall be permitted.
(By-law No. 18-219, August 17, 2018)
677. Within the lands zoned Light Industrial (M6) Zone, identified on Maps 870
and 871 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
440 Victoria Avenue North
870
3 Studebaker Place
870
4 Studebaker Place
870
7 Studebaker Place
870
8 Studebaker Place
870
11 Studebaker Place
870
12 Studebaker Place
870
15 Studebaker Place
870
16 Studebaker Place
870
19 Studebaker Place
870
20 Studebaker Place
870
23 Studebaker Place
870
24 Studebaker Place
870
27 Studebaker Place
870 and 871
28 Studebaker Place
870
341 Ferrie Street East
870
345 Ferrie Street East
870
349 Ferrie Street East
870
Lands on the north side of Mars
Avenue, in the area of Cheever
Street
870 and 871
The following special provisions shall apply:
a)
In addition to Subsection 9.6.1, the following uses shall also be
permitted:
i) Animal Shelter;
ii) Biotechnical Establishment;
iii) Commercial Motor Vehicle Washing Establishment;
iv) Commercial School;
v) Commercial Recreation;
vi) Landscape Contracting Establishment;
vii) Microbrewery;
viii) Pharmaceutical and Medical Establishment; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-481
ix) Science and Technology Establishment.
b)
Notwithstanding Subsections 9.6.3 a), b), c), e)i), i), and o)i), the
following special regulations shall also apply:
i)
Minimum Lot Area
3,130 square metres
ii)
Minimum Lot Width
28 metres
iii) Minimum Yard
Abutting a Street
1. 3.0 metres along Studebaker
Place; and,
2. 0.0 metres abutting Victoria
Avenue
iv) Gross Floor Area for
Office Use
Maximum Gross Floor Area for
Office use within an individual
building, shall be limited to 4,000
square metres.
v)
Maximum combined
Floor Area for
Accessory Retail and
Showroom area
25% of the gross floor area of the
principal use.
d)
Notwithstanding Subsections 5.2b) and f), the following parking
regulations shall apply:
i)
Parking Space
Size Dimension
A minimum parking space size
dimension of 2.6 metres by 5.5
metres shall be provided and
maintained.
ii)
Barrier Free
Parking Space
Size Dimension
A minimum barrier parking space
size dimension of 4.4 metres by 5.5
metres shall be provided and
maintained.
e)
The following special regulations shall also apply for the property
located at 440 Victoria Avenue North:
i)
notwithstanding Subsections 9.6.3 c) and k) , the minimum
yard abutting Ferrie Street East shall be 0.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-482
f)
The following special regulations shall also apply for the property
located at 16, 20, 24 and 28 Studebaker Place;
i)
Notwithstanding Subsection 9.6.3 c) and k), the minimum
yard abutting Mars Avenue shall be 0.0 metres.
g)
The following special regulations shall also apply for the property
located at 3, 7, 11, 15, 19, 23 and 27 Studebaker place;
i)
Notwithstanding Subsection 9.6.3 g) shall not apply.
(By-law No. 18-093, April 11, 2018)
678. Within the lands zoned General Business Park (M2) Zone, Prestige
Business Park (M3) Zone, Business Park Support (M4) Zone, identified on
Maps 1433, 1434, 1435, 1481, 1482, 1483, 1484, 1528, 1529, 1530, 1531,
1573 and 1574 of Schedule "A" - Zoning Maps, and described as the
Ancaster Business Park, shown as Figure 3 of Schedule "F" - Special
Figures, the following special provision shall also apply:
a)
In addition to Subsections 9.2.1, 9.3.1 and 9.4.1, the following uses
shall also be permitted:
Children's Play-gym
Gymnastics Studio
(By-law No. 18-219, August 17, 2018)
679. Notwithstanding Section 4.23 d), the minimum setback from any building
or structure to Conservation / Hazard Land (P5) Zone will be 1.2 metres for
any residential side yards and will be 7.0 metres for any rear yards.
(By-law No. 18-056, February 28, 2018)
681. Within the lands zoned Agriculture (A1) Zone, identified on Map 138 of
Schedule "A" - Zoning Maps and described as 199 Glover Road, the
following special provisions shall apply:
a)
In addition to Subsection 12.1.1, a Long Term Care Facility shall
also be permitted.
b)
In addition to Subsection 4.12 d), Section 5, and Subsection 12.1.3,
any parking spaces and drive aisles existing as of July 10, 2015 shall
be deemed to comply with the regulations for any required setbacks,
location on the lot, and number of parking spaces.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-483
(By-law No. 18-219, August 17, 2018)
682. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 1100 of Schedule "A" - Zoning Maps and described as 86, 88,
90, 92 and 94 Lakeview Drive and a portion of 96 Lakeview Drive, the
following special provisions shall apply:
a)
Notwithstanding Section 5.6 c), the parking requirement shall be 1.3
per dwelling unit.
b)
Modify Subsection 10.5.1 by deleting "Dwelling Unit(s)" and
replacing it with "Dwelling Unit(s) in conjunction with a Commercial
Use".
c)
Notwithstanding Subsection 10.5.3 a) ii), the minimum building
setback from a street line shall be 1.5 metres, up to a maximum of
4.5 metres, except where a visibility triangle is required for a
driveway access.
d)
Subsection 10.5.3 g) ii), iii) and iv) shall not apply.
(By-law No. 19-010, January 23, 2019)
687. Within the lands zoned Mixed Use - Medium Density (C5, 687) Zone,
identified on Map No. 1195 of Schedule "A" and described as 121 and 125
Highway No. 8, the following special provisions shall apply:
a)
Notwithstanding Sections 5.2 h) ii), 10.5.1.1 i) 1., 10.5.3 a) i), 10.5.3
d) ii), 10.5.3 d) iv) B. and C., and in addition to Section 3, the
following special provisions shall also apply:
b)
REGULATIONS
a)
Design Standards
Each Landscaped Area shall
have a minimum width of 1.1
metres and a minimum area of
10.0 square metres and each
landscape parking island shall
have a minimum width of 2.8
metres and a minimum area of
10.0 square metres.
b)
Restriction of Uses within
a Building
1.
The finished floor
elevation of any dwelling
unit shall be a minimum
of 0.0 metres above
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-484
grade.
2.
All at grade residential units
which front a street shall
have a principal entrance
facing the street and be
accessible from the
building façade with direct
access from the street.
c)
Building Setback from a
Street Line
i)
Minimum 2.5 metres for a
building with residential
units on
the ground floor facing a
street.
d)
Building Height
ii)
Maximum 26.0 metres.
e)
Definitions
For the purposes of this By-law,
the definition of Building Height
shall not include a furniture
storage area within a
mechanical penthouse and
vestibule connected and
providing access to the elevator
bulkhead and mechanical
penthouse.
(By-law No. 18-239, August 17, 2018)
688. Notwithstanding Section 6.1.1 of this By-law within the lands zoned
Downtown Central Business District (D1) Zone, identified on Map 910 of
Schedule "A" - Zoning Maps and described as 107 MacNab Street North,
Clothing Manufacturing shall also be permitted.
(By-law No. 18-114, May 9, 2018)
689. Within those lands zoned Agriculture (A1) Zone, identified on Maps
RU131 and RU143, of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
1915, 1995 and 1997 Jerseyville Rd W.
RU131 and RU143
The following special provisions shall apply:
a)
In addition to Section 3: Definitions, for the purposes of this By-law,
the definition of Greenhouse shall mean a building or structure used
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-485
for Agriculture that is climatically controlled and made primarily of
translucent building material.
b)
In addition to Section 3: Definitions, for the purposes of this Special
Exception, the definition of Cannabis Growing and Harvesting Facility
shall mean a wholly enclosed building or structure used for growing
harvesting, testing, destroying, packaging and shipping of cannabis,
for a facility where a licence, permit or authorization has been issued
under applicable federal law.
c)
Notwithstanding Subsection 12.1.3.1 m) i), the following applies to
the combined subject lands:
i) One greenhouse for a Cannabis Growing and Harvesting
Facility shall be permitted and shall not exceed 13,00
square metres of gross floor area.
ii) In addition to i) above, the maximum gross floor area for any
new Cannabis Growing and Harvesting Facility shall not
exceed 2,000 square metres per building.
iii) All buildings and structures shall not exceed a combined lot
coverage of 20%
iv) Sections 4.1(b) and 4.1(c)(iv) of Zoning By-law No. 18-266
shall not apply.
(By-law No. 19-133-LPAT, May 14, 2019)
691. Within those lands zoned Rural (A2) Zone, identified on Maps RU25 and
RU26, of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
1633, 1649 and 1653 Highway No. 6
North Flamborough
RU25 and RU26
a) The following special provisions shall apply to 1649 and 1633 Highway No. 6
North:
i)
Notwithstanding Subsection 12.2.3.1 m) and 12.2.3.2 d) i), the maximum
gross floor area for all buildings and structures devoted to the Cannabis
Growing and Harvesting Facility shall not exceed 9,505 square metres and
shall be comprised of:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-486
1.
Growing
and
Harvesting
of
Cannabis
A maximum gross floor
area
of
6,305
square
metres
2.
Agricultural Processing - Secondary A maximum gross floor
area of 600 square metres
3.
Accessory Uses (office, testing,
packaging,
storage,
internal
corridors and shipping and loading)
A maximum gross floor
area
of
2,600
square
metres
ii) Notwithstanding Section 12.2.3.1 e), the maximum lot coverage for all
buildings and structures, devoted to a Cannabis Growing and Harvesting
Facility shall not exceed 37% of the combined lot area.
b) The following special provisions shall applu to 1649 Highway No.6 North:
i)
Notwithstanding Subsection 12.2.3.1 m) iv)2., and Subsection 4.12 d) any
building or structure used for a Cannabis Growing and Harvesting Facility
shall be setback a minimum of 125 metres from the existing single
detached dwelling located at 1653 Highway No. 6 North.
c)
The following special provisions shall apply to 1633 Highway No.6 North:
i)
In addition to Subsection 7.7.1, an office use in conjunction with the
Cannabis Growing and Harvesting Facility and the uses identified in
Subsections 12.2.1 and 12.2.3.2 a) shall be permitted within the
building existing at the sate of the passing of the by-law on May 22nd,
2019.
ii)
Notwithstanding Clause i) the following uses shall be prohibited:
1. Cannabis Growing and Harvesting Facility;
2. Single Detached Dwellings;
3. Residential Care Facility;
4. Farm Labour Residence; and,
5. Agricultural Processing Establishment - Secondary
iii)
Notwithstanding Subsection 7.7.2.1 b), no expansions to the existing
building shall be permitted.
d)
The following special provisions shall apply to 1653 Highway No.6 North:
i)
No expansions to the existing single detached dwelling shall be
permitted.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-487
(By-law No. 19-130, May 22, 2019)
694. Within the lands zoned Community Institutional (I2) Zone, identified on Map
Nos. 1280 and 1333 of Schedule "A" - Zoning Maps and described as 179,
183, and 189 Wilson Street West, Ancaster, the following special
provisions shall apply:
a) In addition to Subsection 8.2.3.1 c), and notwithstanding Subsection
8.2.3.1 d), and g) the following regulations shall apply:
ii)
Minimum Side Yard
2 metres for a ramp or retaining wall for an
underground parking area.
ii)
Minimum Rear Yard
15 metres
iv) Maximum Capacity for
a Retirement Home
Shall not exceed 134 residents
(By-law No. 20-010, January 22, 2020)
695. Within the lands zoned Mixed Used Medium Density - Pedestrian Focus
(C5a, 695) Zone, identified on Map No. 482 of Schedule "A" and described
as 21 Mill Street North, the following special provisions shall apply:
a. Notwithstanding Section 5.2 (b), a parking space size shall be 2.6
metres in width and 5.5 metres in length;
b. Notwithstanding Section 5.2(f) a barrier free parking space shall be
4.4 metres in width and 5.5 metres in length;
c. Notwithstanding Section 5.2(i) no minimum aisle width shall be
required when abutting a public laneway.
(By-law No. 19-025, February 14, 2019)
696. Within the lands zoned Downtown Multiple Residential (D6, 696) Zone,
identified on Map No. 1092 of Schedule "A"- Zoning Maps and described
as 20 Reid Avenue North, 11-17 and 41 Reid Avenue South, 22-116
Lang Street, and 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 and 24 Hayes
Avenue, the following special provisions shall apply:
a)
Notwithstanding Section 3: Definitions and only for the purposes
of Special Exception No. 696 the following definitions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-488
i)
Block Townhouse
Dwelling
Shall mean a building divided
vertically by a common or party
wall, into a minimum of three
and
a maximum of
eight
Dwelling Units fronting on a
laneway
or
common
condominium driveway, each of
which having an independent
entrance at grade, but shall not
include a maisonette.
ii)
Maisonette Dwelling
Shall mean a building used
exclusively
for
residential
purposes divided vertically into
a minimum of four and a
maximum of 16 back-to-back
Dwelling Units, by two or more
common walls which prevent
internal access between units
and extend from the base of the
foundation to the roof line, and
each Dwelling Unit having an
independent entrance at grade.
iii)
Stacked Townhouse
Dwelling
Shall mean a building divided
vertically and horizontally into a
minimum
of
three
and
a
maximum of 24 Dwelling Units,
by common walls which prevent
internal access between units,
with each Dwelling Unit having
one or more private entrances
at grade.
b)
Notwithstanding Section 4.3 b), 4.6 d) and e) 4.23 d) and in
addition to Section 4.21 c) of this By-law the following shall apply:
A)
Section 4.3 b) shall not apply to Blocks "2", "4", "4a", "5",
"7", and "7a" for a standard condominium.
B)
Permitted Yard
Encroachments
1. A porch, deck or canopy
including any associated
stairs may encroach into
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-489
any required yard to a
maximum of 1.8 metres.
2. A balcony may encroach
into any required yard to a
maximum of 1.8 metres,
except for a required side
yard of not more than one
third of its width or 1.8
metres,
whichever
is
lesser.
C)
Home Business
Block Townhouse Dwellings,
Maisonette
Dwellings
and
Stacked Townhouse Dwellings
shall be permitted to have a
Home Business in accordance
with Section 4.21 c) i) - iii).
D)
Setback to a
Conservation / Hazard
Land (P5) Zone
All
buildings
or
structures
located on a property shall be
setback a minimum of 5.0
metres.
c)
Notwithstanding Section 5.1 a) v) c) and 5.6 a) of this By-law the
following special provisions shall apply:
A)
Restriction of
Architectural Wall or
Feature within a
Required Planting Strip
Where a planting strip is
provided, as per Section 5.1 a)
v) c), any architectural wall or
feature within the Planting Strip
shall be limited to a maximum
height of 2.0 metres.
B)
Parking Requirements
Parking
spaces
shall
be
provided
in
the
minimum
quantity specified below:
Block Townhouse
Dwelling
Maisonette Dwelling
Stacked Townhouse
Dwelling
1 for each dwelling unit. No
additional parking shall be
required
for
an
Accessory
Dwelling Unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-490
Multiple Dwelling
i)
Dwelling units less
than 50.0 square
metres in gross floor
area
0.3 per unit;
ii)
Dwelling units
greater than 50.0
square metres in
gross floor area
1. 0.80 for each dwelling unit;
2. Notwithstanding B) ii) 1.
above,
0.45
for
each
dwelling unit in a multiple
dwelling in Block "7" as
shown on Figure 20 of
Schedule "F" - Special
Figures.
iii) Units with 3 or more
bedrooms
0.3 per unit.
d)
For the purposes of Special Exception No. 696 a maximum of 840
dwelling units shall be permitted.
e)
For the purposes of Special Exception No. 696 the following
special provisions shall apply to Block "1" and "3" as shown on
Figure 20 of Schedule "F" - Special Figures:
i)
Notwithstanding Section 6.6.1 the permitted uses shall be
restricted to Street Townhouse Dwelling Units.
ii)
In addition to i) above, an accessory dwelling unit shall only
be permitted within an end unit.
iii)
Notwithstanding Section 6.6.2.2 the following special
provisions shall apply:
A) Minimum Lot Area
120.0 square metres for each
dwelling unit.
B) Minimum Unit Width
4.8 metres for each dwelling
unit.
C) Minimum Front Yard
1. 4.5 metres for the dwelling;
and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-491
2. 6.0 metres for the garage.
D) Minimum Side Yard
1. Minimum 1.2 metres except
for the side yard related to
the common wall of the
dwelling unit, which shall
have a minimum 0 metre
side yard;
2. 1.5 metres to a flankage
yard.
E) Minimum Rear Yard
7.0 metres
F) Building Height
1. Minimum 9.0 metres; and,
2. Maximum 12.0 metres.
G) Maximum Number of
Street Townhouse
Dwelling Units in a
Row
8
f)
For the purposes of Special Exception No. 696 the following
special provisions shall apply to Block "2" as shown on Figure
20 of Schedule "F" - Special Figures:
i)
Notwithstanding Section 6.6.1 of this By-law, the permitted
uses shall be restricted to Block Townhouse Dwelling Units.
ii)
In addition to i) above, an accessory unit shall only be
permitted within an end unit.
iii)
Notwithstanding Section 3: Definition of this By-law, as it
relates to Front Lot Line, the lot line abutting Ayr Avenue
shall be deemed the front lot line.
iv)
Notwithstanding Sections 5.1 d) and 6.6.2 of this By-law, the
following special provisions shall apply to Block Townhouse
Dwellings:
A)
Minimum Lot Width
12.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-492
B)
Minimum Front
Yard
1.5 metres;
C)
Maximum Flankage
Yard
3.0 metres;
D)
Minimum Side Yard
6.0 metres;
E)
Minimum Rear Yard 1.5 metres;
F)
Building Height
1.
Minimum 9.0 metres; and,
2.
Maximum 12.0 metres;
G)
Required Parking
Space Location
1.
The
required
parking
spaces for such dwelling
unit shall be located a
minimum distance of 5.8
metres
from
the
condominium road.
H)
Minimum Setback
to a Condo Road
1.
4.5 metres to the dwelling.
I)
Minimum Distance
between End Walls
2.4 metres;
J)
Visitor Parking
Spaces
1.
Parking for visitors shall be
provided on the basis of
0.25 per dwelling unit for
each unit fronting on a
condominium road.
2.
Notwithstanding
J)
1.
above, no visitor parking
spaces shall be required
for Accessory Dwelling
Units.
3.
In addition to J) 1. above,
visitor
parking
spaces
shall
be
provided
on
Blocks "4" and "4a" as
shown on Figure 20 of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-493
Schedule "F" - Special
Figures.
g)
For the purposes of Special Exception No. 696 the following
special provisions shall apply to Block "4" and "4a" as shown
on Figure 20 of Schedule "F" - Special Figures:
i)
Notwithstanding Section 3: Definition of this By-law, as it
relates to Front Lot Line, the westerly lot line abutting Reid
Avenue South shall be deemed the front lot line.
ii)
Notwithstanding Section 6.6.1 of this By-law, only the
following uses shall be permitted on Block "4" as shown on
Figure 20 of Schedule "F" - Special Figures:
Stacked Townhouse Dwellings; and,
Maisonette Dwellings.
iii)
Notwithstanding Section 6.6.1 of this By-law, only the
following uses shall be permitted on Block "4a" as shown
on Figure 20 of Schedule "F" - Special Figures:
Block Townhouse Dwellings;
Stacked Townhouse Dwellings; and,
Maisonette Dwellings.
iv)
In addition to iii) above, an Accessory Dwelling Unit shall
only be permitted within the end unit of a Block Townhouse
Dwelling.
v)
Notwithstanding Sections 5.1 d) and 6.6.2 of this By-law, the
following provisions shall apply to Block "4" and "4a" as
shown on Figure 20 of Schedule "F" - Special Figures:
A)
Minimum Lot Width
12.0 metres;
B)
Minimum Front
Yard
3.0 metres;
C)
Minimum Rear Yard 2.0 metres;
D)
Minimum Side Yard 1. 10.0 metres from northerly
lot line; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-494
2. 4.5
metres
from
the
southerly lot line.
E)
Minimum Setback
to a Condominium
Road
4.5 metres;
F)
Minimum Distance
between End Walls
2.4 metres;
G)
Visitor Parking
Spaces
1. Parking for visitors shall be
provided on the basis of
0.25 per dwelling unit for
each unit fronting on a
condominium road.
2. Notwithstanding
G)
1.
above, no visitor parking
spaces shall be required for
Accessory Dwelling Units.
3. Visitor
parking
spaces
required in G) 1. above
shall be provided in addition
to visitor parking spaces
required for Block "2" as
shown on Figure 20 of
Schedule "F" - Special
Figures.
H)
Minimum
Landscaped Area
10 percent of the lot area.
I)
Minimum Planting
Strip Requirement
1. 3.0 metres along a front lot
line; and,
2. 2.0 metres along a rear lot
line.
3. In addition to Sections I) 1.
and
2.
above,
an
Architectural
Wall
or
Feature shall be provided
within the required planting
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-495
strip adjacent to visitor
parking abutting the Reid
Avenue South street line on
Block "4a" as shown on
Figure 20 of Schedule "F" -
Special Figures.
vi)
In addition to v) above, the following special provisions shall
apply to Block Townhouse Dwellings:
A)
Building Height
1. Minimum 9.0 metres; and,
2. Maximum 12.0 metres.
B)
Maximum Number
of Dwelling Units
18
C)
Minimum Amenity
Area
25.0 square metres per unit.
D)
Required Parking
Space Location
Required parking spaces for
such dwelling unit shall be
located a minimum distance of
5.8 m from a condominium
road.
vii)
In addition to v) above, the following special provisions shall
apply to Maisonette Dwellings and Stacked Townhouse
Dwellings:
A)
Minimum Flankage
Yard
4.5 metres;
B)
Building Height
1. Minimum 9.0 metres; and,
2. Maximum 15.0 metres;
C)
Minimum Private
Amenity Area
1. 3.0 square metres per
dwelling unit; and,
2. Private Amenity Area shall
be
designed
for
the
exclusive
use
of
the
dwelling unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-496
D)
Required Parking
Space Location
1. The
required
parking
spaces for such dwelling
unit shall be located a
minimum distance of 5.8 m
from a condominium road.
2. Notwithstanding Section D)
1. above, visitor parking
spaces shall not be subject
to the minimum distance
requirement.
h)
For the purposes of Special Exception No. 696 the following
special provisions shall apply to Block "5" as shown on Figure
20 of Schedule "F" - Special Figures:
i)
Notwithstanding Section 3: Definition of this By-law, as it
relates to Front Lot Line, Hayes Avenue shall be deemed
the front lot line.
ii)
Notwithstanding Section 6.6.1 of this By-law, only the
following uses shall be permitted:
Block Townhouse Dwellings;
Maisonette Dwellings; and,
Stacked Townhouse Dwellings.
iii)
iv)
v)
In addition to iii) above, an Accessory Dwelling Unit shall
only be permitted within the end unit of a Block Townhouse
Dwelling.
Notwithstanding the Definition of Maisonette Dwelling in
Section a) ii) above, as it relates to the maximum number of
back-to back Dwelling Units, a maximum of one Maisonette
Dwelling may have a maximum of 20 back-to-back Dwelling
Units, with all other Maisonette Dwellings having a
maximum of 16 back-to-back Dwelling Units; and,
That Section 4.9 of this By-law shall not apply to
Transformer Boxes.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-497
vi)
Notwithstanding Sections 5.1 d) and 6.6.2 of this By-law, the
following provisions shall apply to Block "5" as shown on
Figure 20 of Schedule "F" - Special Figures:
A)
Minimum Front
Yard
2.0 metres;
B)
Minimum Flankage
Yard
1.0 metres;
C)
Minimum Side Yard
1. 1.2 metres;
2. Notwithstanding Section C)
1. above, no side yard
setback is required to Area
"1" as shown on Figure 20
of Schedule "F" - Special
Figures.
3. Notwithstanding
Sections
C) 1. and 2. above, 6.0
metres shall be required
where the side lot line abuts
the
Red
Hill
Valley
Expressway.
D)
Minimum Rear Yard 6.0 metres;
E)
Minimum Setback
to a Condominium
Road
1.5 metres;
F)
Minimum Distance
between End Walls
2.4 metres;
G)
Minimum
Landscaped Area
20 percent of the lot area.
H)
Visitor Parking
Spaces
1. Parking for visitors shall be
provided on the basis of
0.25 per dwelling unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-498
2. Notwithstanding
I)
1.
above, no visitor parking
spaces shall be required for
Accessory Dwelling Units.
3. Notwithstanding Section I)
1. above, no Visitor Parking
shall be required for a Block
Townhouse Dwelling unit or
a Maisonette Dwelling Unit
that fronts onto a street.
vii)
In addition to iv) above, the following special provisions shall
apply to Block Townhouse Dwellings:
A)
Building Height
1. Minimum 9.0 metres; and,
2. Maximum 12.0 metres.
B)
Maximum Number
of Dwelling Units
18;
D)
Minimum Amenity
Area
25.0 square metres per unit;
C)
Required Parking
Space Location
Required parking spaces for
such dwelling unit shall be
located a minimum distance of
5.8 m from a condominium
road.
viii) In addition to iv) above, the following special provisions shall
apply to Maisonette Dwellings and Stacked Townhouse
Dwellings:
A)
Building Height
1. Minimum 9.0 metres; and,
2. Maximum 15.0 metres;
B)
Minimum Private
Amenity Area
1. 3.0 square metres per
dwelling unit; and,
2. Private Amenity Area shall
be
designed
for
the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-499
exclusive
use
of
the
dwelling unit.
C)
Required Parking
Space Location
1. The
required
parking
spaces for such dwelling
unit shall be located a
minimum distance of 5.8
metres
from
a
condominium road.
2. Notwithstanding Section 1.
above,
visitor
parking
spaces shall not be subject
to the minimum distance
requirement.
i)
For the purposes of Special Exception No. 696 the following
special provisions shall apply to Block "6" as shown on Figure
20 of Schedule "F" - Special Figures:
i)
Notwithstanding Section 6.6.1 of this By-law, the permitted
uses shall be restricted to Block Townhouse Dwelling and
Multiple Dwelling Units.
ii)
In addition to iii) above, an Accessory Dwelling Unit shall
only be permitted within the end unit.
iii)
Notwithstanding Section 3: Definition of this By-law, as it
relates to Front Lot Line, the lot line abutting Hayes Avenue
shall be deemed the front lot line.
iv)
Notwithstanding Sections 5.1 d) and 6.6.2 of this By-law, the
following special provisions shall apply to Block Townhouse
Dwellings and Multiple Dwellings:
A)
Minimum Lot Width
12.0 metres;
B)
Minimum Front
Yard
3.0 metres;
C)
Minimum Side Yard 6.0 metres;
D)
Minimum Rear Yard 5.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-500
E)
Building Height
1. Minimum 9.0 metres; and,
2. Maximum 41.5 metres.
F)
Required Parking
Space Location
The required parking spaces for
such dwelling unit shall be
located a minimum distance of
5.8
metres
from
the
condominium road.
G)
Minimum Setback
to a Condominium
Road
4.5 metres;
H)
Minimum Distance
between End Walls
2.4 metres;
I)
Visitor Parking
Spaces
1. Parking for visitors shall be
provided on the basis of
0.25 per dwelling unit.
2. Notwithstanding
I)
1.
above, no visitor parking
spaces shall be required for
Accessory Dwelling Units.
j)
For the purposes of Special Exception No. 696 the following
special provisions shall apply to Block "7" and "7a" as shown
on Figure 20 of Schedule "F" - Special Figures:
i)
Blocks "7" and "7a" as shown on Figure 20 of Schedule
"F" - Special Figures, shall be considered as one lot for the
purposes of implementing regulations j) iv) A) - K) below.
ii)
Notwithstanding Section 3: Definition of this By-law, as it
relates to Front Lot Line, Reid Avenue South shall be
deemed the front lot line.
iii)
Notwithstanding Section 6.6.1 of this By-law, the permitted
uses shall be restricted to Multiple Dwellings.
iv)
Notwithstanding Section 6.6.2 of this By-law, the following
provisions shall apply to Block "7" and Block "7a" as
shown on Figure 20 of Schedule "F" - Special Figures:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-501
A)
Minimum Lot Width
12.0 metres;
B)
Minimum Front
Yard
1. 8.0 metres;
2. Notwithstanding 1. above,
3.0
metres
shall
be
permitted for a length not
exceeding 20.0 metres.
C)
Minimum Flankage
Yard
3.0 metres;
D)
Minimum Side Yard
3.0 metres;
E)
Minimum Rear Yard 3.0 metres;
F)
Maximum Building
Height
1. 29.0 metres;
2. Notwithstanding 1. above,
38.0
metres
shall
be
permitted in Block "7a" as
shown on Figure 20 of
Schedule "F" - Special
Figures.
G)
Visitor Parking
Spaces
Parking for visitors shall be
provided on the basis of 0.25
per dwelling unit.
H)
Minimum Amenity
Area
1. 3.0 square metres per
dwelling unit located on
Block "7" as shown on
Figure 20 of Schedule "F" -
Special Figures; and,
2. 5.0 square metres per
dwelling unit located on
Block "7a" as shown on
Figure 20 of Schedule "F" -
Special Figures.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-502
I)
Minimum
Landscaped Area
10 percent of the lot area.
J)
Minimum Planting
Strip Abutting a
Street
3.0 metres;
k)
Minimum Bicycle
Parking
Requirements
1. 5
Short
Term
Bicycle
Parking Spaces shall be
provided
per
multiple
dwelling; and,
2. 0.5 Long Term Bicycle
Parking spaces shall be
provided per unit.
(By-law No. 18-203, July 13, 2018)
(Amended by By-law 21-243, December 15, 2021)
697. That Map No.1194 of Schedule "A"- Zoning Maps of By-law No. 05-200, is
amended, by incorporating additional Conservation/Hazard Land (P5)
Zone boundaries, for the applicable lands, the extent and boundaries of
which are shown as "Block 1" hereto annexed to Schedule "A".
a)
In addition to the uses permitted in Section 9.11.1, the following
uses shall be permitted:
Funeral Home only in conjunction with all of the following uses:
i)
Motor vehicle service station;
ii)
Motor vehicle collision repair;
iii)
Conference or convention centre;
iv)
Catering service; and,
v)
Office.
REGULATIONS
l)
Visual Barrier
For the purposes of this
By-law, a visual barrier
will not be required for a
funeral home abutting an
Institutional Zone property
line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-503
In addition to Section 5.6 c) iv) the following special provision shall also
apply:
Funeral Home
1 for each 20.0 metres of gross
floor area with accommodates
such use.
(By-law 18-233, August 17, 2018)
698. Within the lands zoned Mixed Use - Medium Density (C5, 698, H71) Zone,
identified on Map No. 1045 of Schedule "A and described as 256 Parkdale
Avenue North and 205 Melvin Avenue, the following special provisions
shall apply:
a)
Notwithstanding Sections 5.1 a) v) b), 5.6 c) i., 10.5.1.1 i) 1, 10.5.3
(g) (vii) 2 and in addition to Section 3, the following special
provisions shall also apply:
b)
REGULATIONS
a)
Planting Strip
v) Unless otherwise regulated in
this By-law, parking spaces and
aisles giving direct access to
abutting parking spaces, excluding
driveways extending directly from
the street, shall be subject to the
following:
b) Shall provide a 3.0 metre wide
planting strip being required and
permanently maintained between
the street line and said parking
spaces or aisle, except that a hydro
transformer shall be permitted
within the required planting strip.
b)
Residential
Parking Rate
Parking for dwelling units less than
50.0 square metres in gross floor
area shall be provided at a rate of
0.21.per unit.
c)
Restriction of Uses
Within a Building
1. That Section 10.5.1.1 i) 1. Shall
not apply.
d)
Built form for New
vii) A minimum of one principal
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-504
Development
entrance shall be provided:
2. shall be accessible via a
walkway from any building façade
directly to a public sidewalk.
e)
Definitions
For the purposes of this By-law,
Parkdale Avenue North shall be
deemed the front lot line.
(By-law 18-263, September 12, 2028)
699. Within the lands zoned Open Space (P4) Zone, Conservation/ Hazard
Land- Rural (P7) Zone and Conservation/ Hazard Land- Rural (P8) Zone,
identified on Map Nos. 212, 213, 218 and 219 of Schedule "A" Zoning
Maps and described as 5050 Harrison Road, the following special
provisions apply:
a)
The following use shall also be permitted:
i)
Zip Line Adventure Parking containing a maximum of 7
aerial courses, 1 Treewalk Village and 1 administrative
building.
b)
The administrative building shall only be located within the Open
Space (P4, 699) Zone and shall only be permitted to have a
maximum gross floor area of 150 square metres.
c)
The gravel and grass parking areas existing on the date of the
passing of this By-law shall be permitted.
(By-law 18-296, September 26, 2018)
700. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 700) Zone identified on Map No. 482 of Schedule "A" and described
as 5 Hamilton Street North, the following additional special provisions shall
apply:
a) Notwithstanding Section 5.6 (c)(i), the maximum parking for dwelling
units greater than 50 m2 shall be 1.61 spaces per unit;
b) The finished floor elevation of any dwelling unit shall be a minimum of
0.10 metres above grade;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-505
c) Notwithstanding Section 10.5a.3 (h)(vi)(1), the principal commercial
entrance within the ground floor façade shall be located on the north
side of the building; and,
d) Notwithstanding 10.5a.1.1 ii) 2), dwelling units, mixed use, may be
permitted on the ground floor, provided that no ground floor residential
uses front onto Hamilton Street North.
(By-law 18-261, September 12, 2018)
(By-law 19-101, May 9, 2019, NOT FINAL AND BINDING)
(By-law 22-071, April 13, 2022)
701. Within the lands zoned Downtown Central Business District (D1, 701,
H17, H105) Zone identified on Map 953 of Schedule A - Zoning Maps and
described as 71 Rebecca Street the following special regulations apply:
a) Notwithstanding Sections 5.2 b), 6.0 c) i) ii) and iii) 2, and 6.1.3 e), the
following special provisions shall also apply:
b) REGULATIONS
a) Stepback from the Building
Base Façade Height
i)
A minimum 3.0 metre
stepback shall be required
from the building base
façade height of 11
metres
along Rebecca Street.
b) Stepback for the portion of
the Building exceeding
22.0 metres, at the
southern point of the
perpendicular portion of
the rear lot line
i)
1.0 metres
c)
Maximum Lot Coverage
100%
d) Parking
i)
Parking stall sizes shall
be in accordance with the
following:
i. 62 parking stalls at 2.8
m x 5.8 m;
ii. 93 parking stalls at 2.6
m x 5.8 m;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-506
iii. 36 parking stalls at 2.8
m x 5.5 m;
iv. 13 parking stalls at 2.8
m x5.5 m;
v. 3 barrier-free parking
stalls at 4.6 m x 5.8 m;
vi. 3 barrier-free parking
stalls at 4.6 m x 5.5 m;
and,
vii. 4 car share parking
stalls, at grade at 2.6
m x 5.5 m.
(By-law 20-030, February 12, 2020)
(By-law No. 22-084, April 13, 2022)
702. Within the lands zoned Downtown Mixed Use (D1, 702, H17) Zone,
identified on Maps 952 and 953 of Schedule A" Zoning Maps and described
as 154 Main Street East and 49 Walnut Street South the following special
provisions shall apply:
a)
Notwithstanding Section 5.2b), 5.7 c), 6.0 c) i), ii) and iii) and e), and 6.1.3
b) ii) the following special provisions shall also apply:
b)
REGULATIONS
a) Building Height
ii)
Maximum 80.0 metres.
b) Minimum
Building
Stepback from
the building
base façade
above the 7th
storey
i)
3.0 metres from Main Street East building
base facade height, 2.2 metres from the
Walnut Street South building base facade
height, 44.6 metres from the Jackson Street
East base facade height, and 3.0 metres
from the easterly side building base facade
height.
ii)
That the building base facade height shall
be 24.0 metres, except for that portion of
the building that is located within 40.9
metres from the Jackson Street East lot line
which shall have a building base facade
height of 22.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-507
c) Minimum
Stepback
The following additional stepback shall be
required for any portion of a building
exceeding 44.0 metres in height;
i)
Minimum of 6.5 metres from a lot line
abutting a laneway.
ii)
Minimum of 6.0 metres from all side and
rear lot lines except any flankage lot line.
d) Maximum Lot
Coverage
87.5 %
e) Parking
No parking space shall be less than 2.7
metres in width by 6.0 metres in length.
f) Bicycle Parking
12 short term bicycle parking spaces for all
uses.
(By-law 19-199, August 16, 2019)
703. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1, 703, H31) Zone, and Conservation / Hazard Lands (P5,
703) Zone, identified on Map No. 949 of Schedule "A" - Zoning Maps and
described as 925 Main Street West and 150 Longwood Road South,
Hamilton, the following special provisions shall apply:
a)
Notwithstanding Section 3: Definitions, Main Street West shall be
deemed the Front Lot Line.
b)
Notwithstanding Section 4.23 d), all building and structures located
on a property shall be setback a minimum of 3.0 metres from a (P5)
Zone boundary, except below grade which shall be setback a
minimum of 0.0 metres from the (P5) Zone boundary.
c)
Notwithstanding Section 5.2 b) iii), where a wall or any other
obstruction is located abutting or within any parking space within an
above ground or underground parking structure, the minimum width
of a parking space shall be increased by 0.3 metres; except for
where a column is located abutting or within any parking space
within an above ground or underground parking structure, the
minimum width of a parking space shall be increased by 0.1 metres.
d)
Notwithstanding Section 5.6 c) i. and 5.7 c) i. and e), the following
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-508
Column 1
Column 2
i. Residential Use(s)
Lodging House
A)
1 parking space for each 8.3 persons
accommodated
or
designed
for
accommodation.
B)
A minimum of 5 short term bicycle
spaces shall be provided.
C)
A minimum of 0.5 long term bicycle
parking spaces per unit shall be
provided.
e)
In addition to Subsection 7.5.1, the following use shall also be
permitted:
i) PERMITTED USES
Recreation
f)
Notwithstanding Subsection 11.1.3 a) i) and ii), c), d) ii) and iii), and
g) iii) and v), the following special provisions shall apply:
i)
Minimum Building
Setback from
Main Street West
A)
B)
0.0 metres for any portion of a
building up to 22.0 metres in
height,
including
to
the
hypotenuse
of
the
daylight
triangle.
6.1 metres for any portion of a
building greater than 22.0 metres
in height.
ii)
Minimum Building
Setback from
Longwood Road
A)
B)
0.0 metres for any portion of a
building up to 22.0 metres in
height,
including
to
the
hypotenuse
of
the
daylight
triangle.
15.0 metres for any portion of a
building greater than 22.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-509
in height, except 8.8 metres to
the hypotenuse of the daylight
triangle.
iii)
Minimum Interior
Side Yard
A)
B)
0.9 metres for any portion of a
building up to 22.0 metres in
height
when
abutting
a
Residential Zone.
4.0 metres for any portion of a
building greater than 22.0 metres
in
height
when
abutting
a
Residential Zone.
iv)
Building Height
A)
B)
C)
Maximum 22.0 metres for the
podium;
Maximum 56.0 metres for "Tower
A" as shown on Figure 21 of
Schedule F - Special Figures.
Maximum 62.0 metres for "Tower
B" as shown on Figure 21 of
Schedule F - Special Figures is
62.0 metres.
v)
Built
Form
for
New
Development
A)
B)
Maximum of two 6.0 metre wide
driveways shall be permitted for
ingress and egress.
For a corner lot the minimum
width of the ground floor façade
facing the front lot line shall be
greater than or equal to 50% of
the measurement of the front lot
line abutting the street, and the
minimum width of the ground floor
façade facing the flankage lot line
shall be greater than or equal to
25% of the measurement of the
flankage lot line abutting the
street.
(By-law No. 18-257, September 12, 2018)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-510
704. Within the lands zoned Neighbourhood Commercial (C2, 704) Zone,
identified on Map No. 1934 of Schedule "A" - Zoning Maps and described
as 567 Scenic Drive, Hamilton, the following special provisions shall apply:
a) In addition to Sections 10.2.1.1 and Section 10.2.3, the following special
provisions shall also apply:
i)
Restriction of Commercial Uses
on Site
Notwithstanding Section
10.2.1, a maximum two
(2) commercial units are
permitted on site.
ii)
Amenity Area
A minimum of 10.5
square metres shall be
provided for each
dwelling unit and may be
provided as a private
balcony.
b) In addition to Section 10.2.2, the following uses shall also be prohibited
even as an accessory use:
i) Child Care Centre
ii) Emergency Shelter
iii) Motor Vehicle Service Station
iv) Repair Service
v) Social Services Establishment
vi) Veterinary Service
c) Notwithstanding Sections 10.2.1.1 ii) 1., 10.2.3 b) ii), 10.2.3 i) vi), and
10.2.3 j), the following regulations shall apply:
i)
Restriction of Residential Uses
within a Building
Notwithstanding Section
10.2.1, a Dwelling Unit,
Mixed Use shall only be
permitted above the
ground floor except for
access, accessory office
and utility areas, shall not
occupy more than 63%
of the total gross floor
area of the building
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-511
within the lot, being a
maximum of 308 square
metres, and shall not
contain more than two
dwelling units.
ii)
Minimum Rear Yard
3.6 metres abutting
Residential Zone.
iii)
Locational Restriction of
Parking Area
No parking, driveways,
stacking lanes, or aisles
shall be located between
a building façade and the
front lot line and the
flankage lot line except
for an accessible parking
space, which may project
0.2 metres beyond the
building façade facing
Scenic Drive.
iv)
Planting Strip Requirements
A) A minimum 1.35
metre wide Planting
Strip shall be
provided and
maintained along the
easterly lot line.
B) A minimum 1.35
metre wide Planting
Strip shall be
provided and
maintained along the
southerly lot line,
except adjacent to
any manoeuvring
space, where a
minimum 0.8 metre
wide Planting Strip
shall be provided
and maintained.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-512
d) In addition to Section 4.6 d) and e), the following regulation shall also
apply:
i)
Permitted Rear Yard
Encroachments
A) A porch or canopy
may encroach into a
required rear yard to
a maximum of 2.0
metres.
B) A balcony may
encroach into a
required rear yard to
a maximum of 2.0
metres.
e) Notwithstanding Section 5.2.1 a), parking space sizes shall be a
minimum of 2.6 metres in width and 5.8 metres in length.
(By-law No. 26-049, March 04, 2026)
705. Within the lands zoned Mixed Use Medium Density (C5, 705, H32) Zone,
identified on Map Nos. 1194 and 1195 of Schedule "A and described as
928 Queenston Road, the following special provisions shall apply:
a)
Notwithstanding Sections 5.2 b) i) and ii), 10.5.1.1 i) 1., 10.5.3 a)
ii), 10.5.3 d) ii) and iii), and 10.5.3 g) vi), the following special
provisions
shall also apply:
b)
REGULATIONS
a)
Restriction of Uses
within a Building
1.
The finished floor elevation
of any dwelling unit shall be
a minimum of 0.0 metres
above grade.
2.
All residential units 0.9m
below grade shall have a
minimum setback of 32.2.
metres.
b)
Building Setback from
a Street Line (Lake
Avenue Drive)
ii)
Maximum 32.2 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-513
c)
Minimum
Building
Step
back
from
Queenston Road
i)
3.8 metres for the 5th and
10th storey and 6.3 metres
for the 11th and 14th storeys.
d)
Building Height
i)
Maximum 49.0 metres; and,
ii)
In addition to Section 10.5.3
d) i) and notwithstanding
subsection ii) above, any
building height above the
2nd storey shall be step-
back from the rear lot line
14.5 metres for the 3rd to
6th storey, 22.3 metres for
the 7th and 8th storeys,
30.9 metres for the 9th to
11th storey, 34.6 metres for
the 12th storey, 37.6 metres
for the 13th storey, and 41.1
metres for the 14th storey
when abutting a Residential
Zone to a maximum building
height of 49.0 metres.
e)
Parking
i)
Parking space sizes shall
be a minimum 2.75 metres
in width and
5.8 metres in length;
ii)
Notwithstanding Subsection
i) above, a minimum 2.75
metres in
width and 5.8 metres in
length
shall be permitted at grade
or
within
an
underground
parking
structure.
f)
Built form for New
Development
iv)
No parking, stacking lanes,
or aisles shall be located
between
the
required
building façade and the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-514
front lot line. Parking spaces
and aisles are permitted to
be located
between
the
required
building
facade
and
the
Lake
Avenue Drive flankage lot
line.
(By-law 18-346, Dec 19,
2018)
706. Within those lands zoned District Commercial (C6) Zone, identified on Map
1450 of Schedule "A" - Zoning Maps and described as 1405 Upper Ottawa
Street, the following special provisions shall apply:
a)
In addition to Subsection 10.6.2, the following uses shall also be
permitted only as an accessory use to a pet store or veterinary clinic:
i)
Animal Shelter
ii)
Indoor Kennel
b)
Notwithstanding Subsection 10.6.1 and in addition to Subsection
10.6.1.1, Medical Clinic and Office shall only be permitted above the
ground floor.
(By-law No. 19-062, March 27, 2019)
707. Within the lands zoned Arterial Commercial (C7, 650, 707) Zone, identified
on Map Nos. 1383 and 1434 of Schedule "A" - Zoning Maps and described
as 1019 Wilson Street West, Ancaster, the following special provisions
shall apply to a Self-Storage Facility with Accessory Retail and Ground
Floor Commercial:
a)
In addition to Section 3: Definitions, the following definition shall
apply:
Self-Storage Facility
Shall mean the use of a
building or structure, or part thereof,
for the storage of items that are
enclosed in individual storage units
for a fee.
b)
Notwithstanding Subsection 5.5 a), the following regulation shall
apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-515
i)
A minimum of 3 barrier free parking spaces shall be
designated and provided as part of the required parking
spaces of Section c) below, one of which maybe internal to
the building.
c)
Notwithstanding Subsection 5.6 c), the following regulation shall
apply:
i)
A minimum of 34 parking spaces shall be provided, 4 of which
may be internal to the building.
d)
In addition to Subsection 10.7.1, the following use shall also be
permitted in accordance with the regulations of Subsection 10.7.3
and Section f) below:
i)
Self-Storage Facility
e)
In addition to Subsection 10.7.1, the following use shall be permitted
in accordance with the following restrictions:
i)
Retail accessory to a Self-Storage Facility
1.
Shall only be permitted on the ground floor of the
portion of the building that is greater than 14.0 metres
in height.
2.
Shall not exceed 5 percent of the total gross floor area
of the building.
f)
Notwithstanding Subsection 10.7.3 a) and d), the following
regulations shall apply:
i)
Minimum Building
Setback
to
a
Street Line
1)
2)
3)
16.0 metres from the Wilson
Street West Line.
3.5 metres from the Shaver Road
Line.
4.5 metres from the hypotenuse
of the daylight triangle.
ii)
Minimum Height
14.0 metres
iii) Maximum Height
24.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-516
(By-law No. 23-071-OLT, April 19, 2023)
708. Within the lands zoned District Commercial (C6) Zone, identified on Maps
1748 and 1749 of Schedule "A" - Zoning Maps and described as 3079
Homestead Drive, the following special provisions shall apply:
a)
Notwithstanding Subsection 10.6.1, the following uses shall be
prohibited:
i)
Boat and/or motorized snow vehicle sales establishment;
ii)
Cold storage locker establishment;
iii)
Dairies;
iv)
Farm equipment sales establishment;
v)
Garden centre;
vi)
Motor vehicle rental establishment;
vii)
New and used motor vehicle dealership;
viii)
Public and private parking lots and structures;
ix)
Transportation depot;
x)
Major recreational equipment sales, rental, and service
establishment;
xi)
Taxi establishment.
b)
Notwithstanding Subsection 10.6.1 and in addition to Subsection
10.6.1.1 i) 2., a Medical Clinic shall only be permitted above the
ground floor.
(By-law No. 19-062, March 27, 2019)
709. Within the lands zoned Agriculture (A1) Zone, identified on Map RU207
and RU215, of Schedule "A" - Zoning Maps and described as 2282
Westbrook Road (Block 4 on Schedule "A" to this By-law), the following
special provisions shall apply:
i)
Notwithstanding Sections 4.8.2 c), for the lands located at 2282
Westbrook Road, only the converted barn existing on the date of the
passing of the by-law having a total gross floor area 260 sq. m. and
a maximum building height of 8.0 metres shall be permitted.
(By-law No. 20-201-LPAT, September 21, 2020)
710. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1043 of Schedule "A" - Zoning Maps and
identified as 52 - 64 Ottawa Street North, the following special provisions
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-517
a)
Notwithstanding Subsections 5.2b), 5.2f), 5.2i), and 5.6c), the
following regulations shall also apply:
i)
Parking
Space
Size Dimensions
A minimum parking space size of 2.7
metres by 5.7 metres shall be
provided.
ii)
Barrier-free
Parking
Space
Size Dimensions
A
minimum barrier-free
parking
space size of 4.4 metres by 5.7
metres shall be provided.
iii)
Parking Space
Requirement
for
Multiple
Dwelling
and Community
Centre
0 parking spaces.
iv)
Parking Space
Requirement for a
Child Care Centra
2 parking spaces.
v)
Visitor Parking
Space
Additional 0.16 parking spaces per
dwelling unit.
vi)
Minimum
Aisle
Width
3.0 metres
b)
In addition to Subsection 10.5a.1.1 and notwithstanding 10.5a.3c)
and d) ii), the following regulations shall apply:
i)
Restriction of Uses
within a Building
1. A Multiple Dwelling with a
maximum of 50 dwelling units.
2. A Child Care Centre with a
maximum of 31 children
ii)
Minimum
Side
Yard
(northerly)
1.4 metres
iii)
Building Height
Maximum 20.0 metres.
(By-law No. 19-062, March 27, 2019)
(By-law No. 25-155, August 06, 2025)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-518
711. Within the lands zone Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map 1934 of Schedule "A" - Zoning Maps and
identified as 3079 Binbrook Road, the following special provisions shall
apply:
a)
In addition to Subsection 10.5a.1, the following use shall also be
permitted:
i)
Funeral Home
b)
Notwithstanding Subsection 4.6a), the following regulation shall also
apply:
i)
Sills, belt cornices, eaves or gutters, chimneys, bay
windows, or pilasters may project into any required yard a
distance of not more than 0.7 metres
c)
Notwithstanding Subsections 10.5a.3b), c), d) ii), i), h) v), and k), the
following provisions shall also apply:
i)
Minimum
Side
Yard
1.0 metre
ii)
Minimum
Rear
Yard
1.5 metres
iii)
Maximum Building
Height
14.0 metres
iv)
Planting Strip
Requirements
Where a property lot line abuts a
property lot line within a Residential
Zone or an Institutional Zone, a
minimum 0.7 metre wide Planting
Strip shall be provided and
maintained.
v)
Parking between
Building and Street
No parking or aisles may be located
within 2.4 metres of any street line or
0.7 metres abutting a Residential or
Institutional Zone, or lot containing a
residential or institutional use.
vi)
Outdoor Storage
Outdoor display areas, in the form of
benches, other street furniture, and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-519
outdoor recreational equipment shall
be permitted abutting a street and/or
the boundary of any Residential or
Institutional Zone or residential or
institutional use and shall comprise
no more than 22% of the total area of
the required front yard.
d)
In addition to Subsections 5.1a)v) a), b) and c), and 5.2 b) i), and
5.2b) f), the following regulations shall also apply:
i)
Parking spaces and aisles, giving direct access to abutting
parking spaces, excluding driveways extending directly from
a street, shall be subject to the following:
a)
Shall not be located within 2.4 metres of a street
line.
b)
Shall provide a 2.4 metres wide Planting Strip being
required and permanently maintained between the
street and parking spaces or aisles.
c)
Where a Planting Strip is provided as per b) above,
benches, other street furniture, and outdoor
recreational equipment shall be permitted within a
required Planting Strip.
d)
Where a parking area which is required to provide
for more than four (4) vehicles abuts a Residential
or Institutional Zone or a Residential or Institutional
use, a Planting Strip of a minimum width of 0.7
metres shall be provided and maintained, which
shall also include fencing and also permit
pedestrian and access walkways.
ii)
Parking
Space
Size
Dimension
A minimum parking space size of 2.6
metres by 5.5 metres.
iii)
Barrier
Free
Parking
Space
Size
Dimension
A minimum barrier free parking
space size of 4.4 metres by 5.5
metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-520
712. Within those lands zoned Settlement Residential (S1) Zone, identified on
Map No. 80, of Schedule A - Zoning Maps and described as 706 Highway
No. 8, the following special provisions apply:
a)
In addition to Section 12.3.3 the following shall apply:
i)
Maximum
Capacity for Single
Detached
Dwellings
A single detached dwelling shall
have a maximum of 3 bedrooms.
ii)
Planting
Strip
Requirements
A minimum 2.0 m Planting Strip shall
be provided and maintained abutting
708, 712, 716 and 720 Old Highway
8.
iii)
Visual Barrier
A Visual barrier shall be provided
and maintained along any lot line
abutting 708, 712, 716 and 720 Old
Highway 8, in accordance with the
requirements of
Section 4.19 of this By-law
b)
Notwithstanding Section 12.3.3 a), the minimum lot area shall be
0.42 hectares.
(By-law 18-235 September 20, 2018)
(By-law No. 19-062, March 27, 2019)
713. Within those lands zoned Neighbourhood Commercial (C2, 713) Zone,
identified on Map No. 1087, of Schedule "A" - Zoning Maps and described
as 1274 and 1280 Mohawk Road West, the following special provisions
shall apply:
Regulations
Notwithstanding Subsection 10.2.3a) of the provisions of Subsection
10.2.3 - Regulations of Section 10:
a)
Building Setback from a Street Line
i)
Minimum 1.4 metres
In addition to the provisions of Subsection 10.2.3 - Regulations of Section
10:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-521
a)
Maximum Gross Floor Area for all
medical clinics on a lot
576 square metres
Notwithstanding Subsection 5.2(b)(i) and 5.2(f) - Parking Standards of
Section 5:
a)
Parking space size shall be a minimum of 2.6 metres in width and
5.5 metres in length.
b)
Barrier free parking space sizes shall be a minimum of 3.5 metres
in width and 5.5 metres in length.
(By-law No. 18-333, December 19, 2018)
714. Within the lands zoned Conservation/Hazard Land (P5-714) Zone,
identified on Map No. 1126 of Schedule A and described as 941 Old
Mohawk Road, the following special provisions shall apply:
4.23 SPECIAL SETBACKS
Notwithstanding any other provisions in this By-law, the following Special
Setbacks shall apply:
d)
Setback
from
a
Conservation/Hazard
Land
(P5)
Zone,
Conservation/Hazard Land Rural (P7) Zone and Conservation/Hazard
Land Rural (P8) Zone
All buildings or structures located on a property shall be setback a
minimum of 7.0 metres from a P5 Zone Boundary.
(By-law 20-114, LPAT May 12, 2020)
715.
Within those lands zoned Rural (A2) Zone, identified on Maps RU85, of
Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
119 Highway No. 5 W.
RU85
The following special provision shall apply:
a)
Notwithstanding Section 12.2.3.3 e), the maximum gross floor area
for a farm product supply dealer shall be 3,300 square metres.
(By-law 19-008, January 23, 2019)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-522
716. Within the lands zoned Existing Industrial (E2, 716, H109) Zone,
identified on Map No. RU166 of Schedule A - Zoning Maps and described
as 19 Highland Road East, the following special provisions shall apply:
a)
In addition to Section 12.7.1, a warehouse shall be permitted.
b)
Notwithstanding Section 12.7.3(c), a side yard setback of 4.4m
shall be required.
c)
Notwithstanding Section 12.7.3(h), a minimum of 4 percent
landscape coverage shall be required.
(By-law No. 19-013, January 23, 2019)
717. Within those lands zoned Conservation / Hazard Lands (P5, 717) Zone,
identified on Maps 1205 of Schedule "A" - Zoning Maps and described as
90 Creanona Boulevard, the following special provision shall apply:
a)
Section 4.23 Special Setbacks d) shall not apply the existing single
detached dwelling and accessory structure.
b)
In addition to Section 7.5 Conservation / Hazard Land (P5) Zone, a
private driveway access shall be permitted to access the existing
single detached dwelling.
(By-law 19-012, January 23, 2019)
719. Within those lands zoned Conservation / Hazard Lands (P5) Zone,
identified on Map Nos. 1385 and 1436 of Schedule "A" - Zoning Maps
and described as 305 and 311 Garner Road West, the following special
provision shall apply:
a) Notwithstanding Subsection 4.23 d), all buildings or structures located
on a property shall be setback a minimum of 0.0 metres from a P5,
P7 and P8 Zone Boundary.
(By-law 19-169, July 12, 2019)
720. Deleted
(By-law 19-061, March 27, 2019)
(By-law 21-189, October 15, 2021)
722. Within the lands zoned Conservation / Hazard Land (P5, 722) Zone,
identified on Map Nos. 1748 and 1785 of Schedule "A" - Zoning Maps and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-523
described as Part of 78 and 80 Marion Street and 3302 and 3306
Homestead Drive, the following special provisions shall apply:
a)
Notwithstanding Subsection 4.23 d), the minimum setback from any
building or structure to Conservation / Hazard Land (P5) Zone will
be 0 metres.
(By-law 19-118, May 22, 2019)
723. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map No. 911 of Schedule "A" - Zoning Maps and
described as 80 and 92 Barton Street East and 245 Catharine Street North,
the following special provisions shall apply:
a)
The lands zoned Mixed Use Medium - Pedestrian Focus (C5a, 723)
Zone shall be deemed to be one lot for the purposes of applying the
provisions of the By-law. Zoning provisions shall apply only to the
external lot lines of the overall lands, not internal lot lines resulting
from any future severance.
b)
In addition to Section 3: Definitions of Zoning By-law No. 05-200, the
following definition shall also apply:
Stacked Townhouse Dwelling
Shall mean a building divided
vertically and horizontally into a
minimum
of
three
and
a
maximum of 16 Dwelling Units,
by common walls which prevent
internal access between units,
with each Dwelling Unit having
one or more private entrances
at grade.
c)
Notwithstanding Section 3: Definitions as it relates to the definition
of front lot line, Barton Street East shall be deemed to be the front
lot line.
d)
Notwithstanding Section 5.2 b) i), and in addition (to) Section 5.6 c),
10.5a.1 and 10.5a.1.1, the following uses shall only be permitted on
a lot where a commercial use occupies more than 75% of the Barton
Street East street line:
Multiple Dwelling
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-524
Stacked Townhouse Dwelling
In accordance with the following provisions:
i)
Maximum Building
Setback from a Street
line
3.0 metres.
ii)
Minimum Rear Yard
1.5 metres.
iii)
Minimum Side Yard
i) 3.0 metres for a Multiple
Dwelling, and;
ii) 0.9
for
a
Stacked
Townhouse Dwelling
iv)
Maximum Building
Height
14.0 metres.
v)
Built Form for New
Development
In the case of new buildings
constructed after the effective
date of this by-law the following
shall apply:
A) For
a
corner
lot
the
minimum combined width
of the ground floor façade
facing the front lot line and
flankage lot line shall be
greater than or equal to
50% of the measurement
of all lot lines abutting a
street.
B) No
Parking,
stacking
lanes, or aisles shall be
located
between
the
required building façade
and the front lot line and
flankage lot line.
vi)
Minimum Amenity Area 8.6 square metres per unit.
vii)
Parking
A) In accordance with the
requirements of Section 5
of this By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-525
B) Notwithstanding A) above
the
following
parking
standards shall apply:
1. 1.22
space
per
dwelling unit shall
be required.
2. Parking space size
shall be a minimum
of 2.6 metres in
width
and
5.5
metres in length.
viii)
Minimum
Bicycle
Parking Requirements
0.2 Short Term Bicycle Parking
Spaces shall be provided per
dwelling unit.
e)
Notwithstanding Sections 5.2 b) i), 10.5a.3 b), c), d) i) and ii), h) and
i), and in addition to Sections 5.6 c) the following special provisions
shall apply for all other uses:
i)
Minimum Rear Yard
1.0 metre.
ii)
Minimum Side Yard
0.9 metres.
iii)
Building Height
A) Maximum 15.3 metres.
B) Notwithstanding A) above,
any building height above
15.3
metres
may
be
equivalently increased as
the step back is increased,
to a maximum of 21.0
metres.
iv)
Built Form for New
Development
In the case of new buildings
constructed after the effective
date of this by-law the following
shall apply:
A) Rooftop
mechanical
equipment shall be located
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-526
and/or screened from view
of any abutting street.
B) For
a
corner
lot
the
minimum combined width
of the ground floor façade
facing the front lot line and
flankage lot line shall be
greater than or equal to
50% of the measurement
of all lot lines abutting a
street.
C) In addition to B) above, the
minimum
ground
floor
façade facing the front lot
line shall exclude access
driveways and required
yard along a lot line
abutting a street.
D) No parking, stacking lands,
or aisles shall be located
between
the
required
building façade and the
front lot line and flankage
lot line.
E) A minimum of one principal
entrance shall be provided:
1. Within the Barton
Street East ground
floor façade; and,
2. Shall be accessible
from the building
façade with direct
access
from
the
public sidewalk.
F)
A minimum of 60% of the
area of the ground floor
façade facing the street
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-527
shall be composed of
doors and windows.
G) The first storey shall have
a minimum height of 3.6
metres and a maximum
height of 4.5 metres.
v)
Parking
A) In accordance with the
requirements of Section 5
of this By-law.
B) Notwithstanding A) above
the
following
special
requirements shall apply:
1. 117 parking spaces
shall be provided.
2. Parking space size
shall be 2.6 metres
in width and 5.5
metres in length.
3. 5.2 b) iii) shall not
apply.
vii)
Loading Space
One loading space is required.
viii)
Minimum
Bicycle
Parking Requirements
5 Short Term Bicycle Parking
Spaces shall be provided.
f)
In addition to Section 10.5a.3 15% of the total lot area shall be
provided as landscaped area.
(By-law No. 19-081, April 24, 2019)
724. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1, 724) Zone, identified on Maps 1343 of Schedule "A" -
Zoning Maps and described as 1351, 1355, 1359 and 1375 Upper James
Street and 16, 24, 34, 40 and 48 Stone Church Road East, the following
special provision shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-528
a)
Notwithstanding the definition of Front Lot Line in Section 3:
Definitions the definition of the Front Lot Line shall mean any lot line
abutting Stone Church Road East.
b)
Notwithstanding Section 4.6b), a fire escape or exterior stair may
encroach into a required front, side or rear yard.
c)
Sections 5.1.1 d), 5.3.1 a) iii), 5.3.1 e) i), 5.3.1 e) ii), 5.5.1 a) iii) shall
not apply.
d)
Notwithstanding Sections 5.7.1 as it relates to parking requirements
for a Multiple Dwelling and Retail, 5.2.1 a) and 5.2.1 b), the following
regulations shall apply:
i) Parking
Requirements
A) Multiple
Dwelling
1
space
for each
dwelling unit, except
where a dwelling unit
is 50 square metres in
gross floor area or
less, in which case,
parking
shall
be
provided at a rate of
0.3 spaces for such
unit
(excluding
7
spaces from the total
required).
Retail
1. 0 spaces where a
use is less than
450.0
square
metres in gross
floor area; and,
2. 1 space for each
50 square metres
of gross floor area
in excess of 450.0
square metres.
ii) Parking Space
Dimension
A minimum parking
space size dimension
of 2.8 metres by 5.8
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-529
metres
shall
be
provided.
e)
In addition to Section 11.1.1 and 11.1.1.1 i) and notwithstanding
Sections 11.1.3 a) i), 11.1.3 a) ii), 11.1.3 c), 11.1.3 d) i) - iii), 11.1.3
g) iii), 11.1.3 g) iv), 11.1.3 g) vii), 11.1.3 g) viii), 11.1.3 h) i), 11.1.3
h) iii), and 11.1.3 i) i) the following shall apply:
i)
Restricted Uses
A) Multiple Dwelling
1. Notwithstanding
Section 11.1.1, Block 2,
as shown on Figure 21
of
Schedule
"F"
-
Special Figures shall
be
restricted
to
a
maximum
of
two
Multiple
Dwelling
buildings.
2. Blocks 1 and 2, as
shown on Figure 21 of
Schedule "F" - Special
Figures, shall have a
maximum
combined
density of no greater
than 200 uph or a
maximum of 358 units,
whichever is the lesser.
B) Restriction of Uses within a
building on Block 1, as
shown on Figure 21 of
Schedule "F" - Special
Figures
1. Uses
other
than
a
Multiple Dwelling shall
be restricted to the
ground floor.
ii)
Setback from a
Street Line
A) A maximum of 4.5 metres
shall be provided for Block
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-530
1, as shown on Figure 21
of Schedule "F" - Special
Figures.
B) A minimum of 2.9 metres
shall be provided for Block
2, as shown on Figure 21
of Schedule "F" - Special
Figures.
C) Notwithstanding
ii)
A)
above, a minimum of 6.5
metres shall be provided
abutting the hypotenuse of
the daylight triangle for
Block 1, as shown on
Figure 21 of Schedule "F" -
Special Figures.
D) In addition to ii) A), above,
for any portion of a building
on Block 1, as shown on
Figure 21 of Schedule F -
Special Figures, greater
than 20.0 metres in height
the
following
additional
setbacks shall apply:
1. Minimum 4.0 metres
from
Upper
James
Street; and,
2. Minimum 6.0 metres
from
Stone
Church
Road East.
iii) Minimum Interior
Side Yard
4.5
metres
abutting
a
Residential
or
Institutional
Zone or a lot containing a
residential use.
iv) Building Height
A) Maximum 35.0 metres for
Block 1, as shown on
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-531
Figure 21 of Schedule "F" -
Special Figures.
B) Maximum 17.0 metres for
Block 2, as shown on
Figure 21 of Schedule "F" -
Special Figures.
(By-law 19-233, September 25, 2019)
(By-law No. 25-187, October 8, 2025)
(By-law No. 26-052, March 4, 2026)
726. Within the lands zoned Neighbourhood Institutional (I1, 726) Zone,
identified on Maps 1199 of Schedule "A" - Zoning Maps and described as
514 and 516 Barton Street and 293 Dewitt Road, the following special
provision shall apply:
a)
Notwithstanding Subsection 4.5 a) the following special provision
shall apply:
i)
Dwelling on a Lot
Two single detached dwellings may
be permitted on
the
same
lot
containing a place of worship.
b)
Notwithstanding Sections 8.1.3.1d), 8.1.3.1e), 8.1.3.1g) of this By-
law the following special provisions shall apply:
i)
Minimum Front Yard
Setback
4.4 metres
ii)
Minimum Northerly
Side Yard Setback
1.1 metres
iii)
Minimum Rear Yard
Setback
4.6 metres
c)
Notwithstanding Subsection 5.6b)ii) for a place of worship and in
addition to Subsection 8.1.3.1 k) of this By-law the following special
provision shall apply:
Parking
1 parking space for every 14 square
metres of gross floor area for a place
of worship, inclusive of a basement or
cellar, to accommodate such use.
(By-law No. 19-153, June 26, 2019)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-532
727. Within the lands zoned District Commercial (C6) Zone, identified on Maps
1258 and 1311 of Schedule "A" - Zoning Maps and described as 394
Winona Road, the following special provision shall apply:
a)
Notwithstanding Subsection 10.6.1.1i)2), an Office shall also be
permitted on the ground floor.
(By-law No. 19-062, March 27, 2019)
728. The following special provisions shall apply:
a)
Notwithstanding Subsection 10.6.3 d), 10.5.3 d) ii) and iii) and
10.5a.3 d) ii) and iii), a maximum building height of 11.0 metre shall
be permitted; and,
b)
Notwithstanding Subsections 4.23 c)ii), all buildings or structures
located on a property shall be setback a minimum of 7.5 metres from
a Transcanada Pipeline Right-of-Way.
(By-law No. 19-208, September 11, 2019)
(By-law No. 24-137, July 12, 2024)
729. Within the lands zone Mixed Use Medium Density - Pedestrian Focus
(C5a, 729) Zone, identified on Map No.
of Schedule "A" - Zoning
Maps and described as 16 & 18 King Street West, the following special
provisions shall apply:
a)
Notwithstanding Section 4.6 e); 5.2 b); 5.2 f); 5.2 h); 5.2.1 c);
10.5a.3. b); 10.5a.3. c); 10.5a.3. d), 10.5a.3. h) x); 10.5a.3. i); and
10.5a.3.j) the following special provisions shall also apply:
i) Minimum Setback
to a Street Line
i)
0.0 metres for any portion of a
building equal to or less than
20.25 metres in height
ii)
2.0 metres for any portion of a
building
greater
than
20.25
metres in height.
Minimum
Rear
Yard
i)
16.0 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-533
ii)
Notwithstanding i) above, 0.7
metres to a retaining or structural
wall for a parking garage shall be
permitted.
Minimum
Side
Yard
i)
0.0 metres for any portion of a
building equal to or less than
11.40 metres in height.
ii)
2.3 metres for any portion of a
building
greater
than
11.40
metres in height along the
easterly lot line.
iii)
4.3 metres for any portion of a
building
greater
than
11.40
metres in height along the
westerly lot line.
Building Height
Maximum 27.0 metres.
First Storey Height The first storey shall have a minimum
height of 3.6 metres and a maximum
height of 5.15 metres.
Planting Strip
Where a property lot line abuts a property
lot line within a Residential Zone or an
Institutional Zone, a minimum 0.7 metre
wide Planting Strip shall be provided and
maintained.
Visual Barrier
A visual barrier shall be not be required
along any lot line abutting a Residential
Zone, Institutional Zone, Downtown (D5)
Zone or Downtown (D6) Zone property
line in accordance with the requirements
of Section 4.19 of this By-law.
Balcony
Projections
A balcony may encroach into any
required Front Yard or Rear Yard to a
maximum of 1.6 metres.
Parking Stall Sizes Required parking spaces for 90 degree
perpendicular parking shall have a
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-534
minimum rectangular dimension of 2.6
metres by 5.5 metres exclusive of any
lands used for access, maneuvering,
driveways or a similar purpose.
Barrier Free
Parking Stall Size
4.4 metres in width by 5.5 metres in
length.
Planting Strip
That subsection 5.2 h) shall not apply to
parking
areas
located
within
an
underground parking structure.
Location of
Loading Facilities
Shall be permitted within the required
rear yard abutting a Residential Zone.
(NOT FINAL AND BINDING)
730. Within the lands zoned Mixed Use Medium Density (C5, 730) identified on
Map 947 of Schedule "A" Zoning Maps and described as 1630 Main Street
West and 69 Sanders Boulevard the following special provisions shall
apply:
a)
Notwithstanding Sections 5.6 c), 10.5.3 c), 10.5.3 d), and 10.5.3 h)
i), 10.5.3 h) ii), 10.5.3 i); the following special provisions shall also
apply:
REGULATIONS
a) Parking Spaces
Shall be provided on the basis of
0.6 parking spaces per dwelling
unit.
b) Minimum Setback
from a Street Line
(West Park Avenue)
0.0 metres, except 1.0 metres for
the portion of the building above the
6th storey
Minimum Setback
from a Street Line
(Main Street West)
0.0 metres
Minimum Setback
from a Street Line
(Sanders Boulevard)
4.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-535
c) Minimum Interior
Side Yard Setback
7.5 metres, except 6.2 the west
Interior Lot Line
d) Minimum Interior
Side Yard for an
Underground
Parking Structure
Nil
e) Building Height
Maximum 30.0 metres for lands
identified
in
Block
1
and
a
maximum of 11.0 metres for lands
identified in Block 2 as indicated on
Schedule F.
f)
Amenity Area
On a lot containing 10 dwelling
units
or
more,
the
following
Minimum
Amenity
Area
requirements be provided:
i) An area of 3.5 square metres for
each dwelling unit less than or
equal to 50 square metres of gross
floor area; and,
ii) An area of 5.5 square metres for
each dwelling unit greater than 50
square metres of gross floor area.
g) Planting Strip
Where a property line abuts a
property lot line within a Residential
Zone, a minimum 0.67 metres wide
Planting Strip shall be provide for
Block 1.
b)
Notwithstanding Section 2(a)(h) above, a planting strip shall not be
required for the eastern property line of Block 3.
c)
In addition to the definition of a Planting Strip in Section 3, a Planting
Strip may include a concrete pad for bicycle parking in Block 3.
(By-law No. 22-015-OLT, January 26, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-536
731. Within the lands zoned Downtown Mixed Use - Pedestrian Focus (D2, 731,
H17, H19, H116) Zone, identified on Map No. 952 of Schedule "A" - Zoning
Maps and described as 206 and 208 King Street West, development in
accordance with the Downtown Mixed Use - Pedestrian Focus (D2, H17,
H19, H20) Zone shall be permitted. Alternatively, the development of a 13
storey (44.0 metre), mixed use building containing a maximum of 123
dwellings shall only be permitted in accordance with the following special
provisions.
a)
Notwithstanding Section 5.1 a) i), 5.2 b) i), ii), c), f), g), and i), 5.2.1
c), and 5.7 c) and e) i), the following special provisions shall apply:
i)
The manoeuvring space and access of the parking spaces
can be provided off site by way of an adjacent laneway.
ii)
For the purposes of special exception 731, a parking stacker
system shall permit a parking space that is positioned above,
below or beside another parking space and is accessed by
means of an elevating device.
For the purposes of special exception 731, a parking system
shall be permitted and required parking may be provided by
means of a parking stacker system.
iii)
Parking stall size shall be:
1.
A minimum 2.6 metres in width and 5.5. metres in length
for above ground or underground parking structures,
when parking is provided by means of a parking stacker
system.
2.
Where parking is not provided in a parking stacker
system the regulations of Section 5.0 - Parking, shall
apply.
3.
Where a wall, column, or any other obstruction is located
abutting or within any parking space within an above
ground or underground parking structure, the minimum
width of a parking space shall be increased by 0 metres
when parking is provided by means of a parking stacker
system.
4.
A Barrier Free Parking space shall have a minimum
width of 4.4 metres and a minimum length of 5.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-537
iv)
All required parking shall be provided with adequate means
of ingress and egress to and from the street or private
laneway without the necessity of moving any other motor
vehicle, except by way of a mechanical stacker system, and
shall be arranged so as not to interfere with normal public use
of the street or laneway. Any parking lot shall provide for
ingress and egress of vehicles to and from a street in a
forward motion only.
v)
A minimum aisle width of 6.0 metres is not required for
parking accessed by a private laneway.
vi)
Loading Facilities
Loading facilities shall be permitted in a required rear yard
adjacent to a Residential Zone and shall not be required to
be screened by a Visual Barrier in accordance with Section
4.19 of this By-law.
vii) Bicycle Parking
1.
No short term bicycle parking spaces are required.
2.
1 long term bicycle parking space per residential unit.
b)
Notwithstanding Section 6.0 b) i) and ii), and e) i) and iii), and in
addition to Section 6.0 b) and Section 6.2 the following special
provisions shall apply:
i)
Building
Façade
Caroline
North
Base
Height
Street
Notwithstanding Figure 15 - Schedule "F"
- Special Figures, no stepback shall be
required for the Caroline Street North
Building Base Façade Height.
ii)
Building Height
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:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-538
a) A minimum 12.5 metre stepback from
the rear lot line shall be required,
except for the portion of the building
used for a mechanical penthouse
then a 5.3 metre stepback from the
rear lot line shall be required, and for
the portion of the building used for an
indoor amenity area a minimum 11.2
metre stepback from the rear lot line
shall be required.
b) A minimum 12.5 metre stepback from
the easterly side lot line shall be
required, except for the portion of the
building used for a mechanical
penthouse then a 1.7 metre stepback
from the easterly side lot line shall be
required.
iii) Minimum
Stepbacks
a) The following stepbacks shall be
required for any portion of the building
exceeding 22.0 metres, but not
greater than 44.0 metres, in height:
1. A minimum 3.0 metre stepback
from the easterly side lot line is
required, except for the portion of
the building setback less than
13.2 metres from the front line
and 5.8 metres from the rear lot
line then a minimum 1.7 metre
stepback from the easterly side
lot line is required.
2. Notwithstanding 1. above, for any
portion of the building that has a
stepback of less than 3.0 metres
from the easterly side lot line, no
windows are permitted facing the
easterly side lot line except for
windows that are translucent.
3. No stepback from the rear lot line
is required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-539
iv) Glazing
A minimum of 30% of glazing is
required for the first floor.
v)
Ground Floor
Height
The ground floor storey shall be no
less than 3.6 metres in height and no
greater than 6.5 metres in height. The
second and third storeys shall each
be no less than 3.0 metres in height
and no greater than 4.0 metres in
height.
(By-law No. 21-019, February 24, 2021)
732. Within the lands zoned Mixed Use - Medium Density (C5, 732) Zone,
identified on Map No. 908 of Schedule "A" - Zoning Maps and described
as 804-816 King Street West, Hamilton, the following special provisions
shall apply:
a)
Notwithstanding Section 3: Definitions as it relates to the definition
of "Front Lot Line", King Street West shall be deemed to the front lot
line.
b)
Notwithstanding Section 5.6 c) and 5.7 g) as it relates to a multiple
dwelling and any permitted commercial use with a gross floor area
less than 450 square metres, the following shall apply:
i)
Parking
1)
A minimum 0.6 parking spaces
per dwelling unit shall be
required.
ii)
Bicycle Parking
2)
A total of 2 parking spaces shall
be provided for any permitted
commercial use with a gross
floor area less than 450 square
metres.
c) Notwithstanding Sections 10.5.3 b), c), d) and i), the following shall
apply:
i)
Minimum Rear
Yard
7.3 metres, except that a
minimum 10.2 metre setback
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-540
shall be provided above the
fourth storey and a minimum
14.8 metre setback shall be
provided above the fifth storey.
ii)
Minimum
Interior Side
Yard
3.3 metres, except that a 4.2
metre setback shall be provided
above the fourth storey.
iii) Building Height
Maximum 19.6 metres.
iv) Planting Strip
Requirements
Where a property line abuts a
property line within a Residential
Zone, a minimum 1.25 metre
wide Planting Strip shall be
provided and maintained.
(By-law No. 21-048, April 14, 2021)
733. Within the lands Zoned Mixed Use - Medium Density (C5) Zone, and
identified on Map No. 948 of Schedule "A" Zoning Maps and described as
at 1190 Main Street West, 43, 47, 51 and 55 Forsyth Avenue South, 75,
77, 81, 83, 99, 103, 107, 111 and 115 Traymore Avenue and 50
Dalewood Avenue, the following special provisions shall apply:
(a)
Notwithstanding Section 3, as it relates to Amenity Area and
for the purposes of Special Exception 733, roof top amenity
areas shall be prohibited.
(b)
Notwithstanding Section 3, as it relates to the definitions of
a Lodging House and Lodging Unit for the purposes of
Special Exception 733, it shall also include up to 16
accessory Dwelling Units.
(c)
In addition to the definitions in Section 3, the following
definition shall apply for the purposes of Special Exception
733:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-541
"Storey" shall mean that the portion of the building or
structure, other than a cellar, included between the surface
of any floor and the surface of the floor, roof deck, or ridge
next above it, except an attic storey.
(d)
Notwithstanding Section 4.6 e), no balcony shall be
permitted on any part of a building abutting Traymore
Avenue, Forsyth Avenue South, or Dalewood Avenue.
(e)
Notwithstanding Section 5.1 a), as it relates to the parking
provision for a Lodging House and permitted accessory
uses, the following shall apply:
i)
A minimum of 43 parking spaces shall be provided
on the lot.
ii)
The greater of 35 parking spaces or 2.5 percent of
the required parking shall be provided either on the
lot containing the Lodging House use or on another
lot within 300 metres of the lot containing the Lodging
House use;
iii)
The remainder of the required parking for a Lodging
House may be provided on a lot that is greater than
300 metres from the lot containing the Lodging
House use;
iv)
Where the required parking is provided in
accordance with Subsection ii) above, the owners of
both lots shall enter into an agreement with the City
to be registered against the title of both the lot upon
which parking is to be provided and the lot containing
the use requiring the parking. The lot upon which the
parking is located, pursuant to the agreement, shall
continue to be so used only for such purposes until
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-542
alternate parking spaces in conformity with the
regulations of this By-law are provided; and,
v)
The permitted accessory uses in (f) i) B) 1. shall not
require parking.
(f)
Notwithstanding 5.6 c), as it relates to a Lodging House, in
addition to Section 5.7 c) and e), the following shall apply:
i)
Parking
1 space per 4.5 beds.
ii)
Bicycle
Parking
A)
352 long term bicycle
parking spaces shall be
provided.
B)
102 short term bicycle
parking spaces shall be
provided.
C)
In addition to B) above,
short term bicycle parking
spaces are prohibited along
any portion of the site with
outdoor frontage and
access on Traymore
Avenue.
(g)
Notwithstanding Section 10.5.1, only the following uses
shall be permitted:
i) Permitted Uses
A) Lodging House
B) 1.
In addition to A) above, the
following uses shall only be
permitted as accessory uses to
a Lodging House:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-543
Educational
Establishment;
Personal Service;
Restaurant; and,
Retail.
2.
Notwithstanding 1. above,
accessory uses shall have no
frontage, no access and no
signage on any part of a
building abutting Traymore
Avenue or Dalewood Avenue.
(h)
In addition to Section 10.5.4 and notwithstanding Section
10.5.4 a) and b), the following special provisions shall apply:
i)
Building Setbacks
Shall be provided in accordance with
Figure 21 of Schedule F - Special
Figures.
ii)
Building Height
A)
Maximum building height shall be
limited in each Area shown on
Figure 21 of Schedule F - Special
Figures, by the heights, as shown
and as follows:
Area A1: 7.1 metres or 2 storeys;
Area A2: 6.0 metres or 1 storey;
Area A3: 10.0 metres or 2
storeys;
Area B1: 33.0 metres or 8
storeys;
Area B2: 14.0 metres or 3
storeys;
Area C1: 39.0 metres or 10
storeys;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-544
Area D1: 51.0 metres or 15
storeys.
B)
Three mechanical penthouses
shall only be permitted in
accordance with Areas C1, D1,
and M on Figure 21 of Schedule
"F" - Special Figures, shall be
permitted to exceed the heights
established in B) above by a
maximum of 6.4 metres.
iii)
Maximum Gross
Floor Area
53,500 square metres.
iv)
Built Form for New
Development
A)
The principal entrance shall be
provided from Main Street West
and shall consist at least four
doors.
(By-law No. 22-010-OLT, March 09, 2022)
734. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 860 and 902 of Schedule "A" - Zoning Maps and described as
118 Hatt Street, the following special provisions shall apply:
a)
Notwithstanding Subsection 5.1 a) v) b), the following regulations
shall apply:
i)
A minimum 3.0 metre wide planting strip shall be provided
and maintained between the street line and a parking space
or aisle, except where the lot is used for a non-residential use,
then no planting strip is required.
b)
Notwithstanding Subsection 10.5.3 a), c) and i), the following
regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-545
i)
Minimum front yard
0.0 metres along McMurray
setback
Street and the hypotenuse of
the daylight triangle.
ii)
Minimum Flankage
0.0 metres to the hypotenuse of
(east) Yard Setback
the daylight triangle at the corner
of Hatt Street and McMurray
Street
iii)
Minimum Interior Side
4.5 m
Yard Setback
iv)
Planting Strip
A minimum 0.9 metre wide
Requirement
planting strip shall be provided
and
maintained
along
the
westerly lot line.
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
735. Deleted.
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
(By-law No. 25-187, October 08, 2025)
(By-law No. 26-052, March 4, 2026)
736. Within the lands zoned Mixed Use - Medium Density (C5) Zone, identified
on Map No. 951 of Schedule "A" to By-law No. 05-200 and described as
235 Main Street West, 74 Queen Street South and 244-246 Jackson Street
West, the following special provisions shall apply:
a)
Notwithstanding Subsections 4.6 a) and d), the following special
provisions shall apply:
i)
Architectural features, ductwork, venting and other similar
appurtenances may be permitted to encroach into any
required setback.
ii) A porch, deck or canopy may be permitted to encroach into
any required setback.
b)
Notwithstanding Subsections 5.2 b) i) and iv), and 5.6 c), as it relates
to a multiple dwelling, the following shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-546
i)
The minimum parking space size for not more than 11% of the
provided parking spaces shall have a width of 2.6 metres and
a length of 5.5. metres.
ii) A minimum of 0.3 spaces per unit shall be required.
c)
Notwithstanding Subsections 10.5.1.1 i) 1, 10.5.3. a), b), c), d), g)
vii), i) and j), the following special provisions shall apply:
i)
Restricted Uses
There shall be no minimum
required finished floor elevation for
any dwelling unit.
ii)
Building Setback from
the Main Street West
Street Line
1) Maximum 4.5 metres
2) Notwithstanding 1) above, a
minimum 3.0 metres for any
portion of a building with
residential units on the ground
floor facing Main Street West.
3) Notwithstanding 2) above, a
minimum 1.0 metres from the
Daylight Triangle.
iii)
Building Setback from
the Queen Street
South Street Line
1) Maximum 4.5 metres
2) Minimum 0.0 metres
3) Notwithstanding 2) above, a
minimum of 1.0 metres from a
Daylight Triangle.
iv)
Building Setback from
the Jackson Street
West Street Line
1) Maximum 4.5 metres
2) Minimum 1.5 metres
3) Notwithstanding 2) above, a
minimum of 1.0 metres from a
Daylight Triangle.
v)
Minimum Rear Yard
0.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-547
vi)
Minimum Interior Side
Yard
0.0 metres
vii)
Building Height
1) Minimum 7.5 metres;
2) Maximum 80.85 metres;
3) Notwithstanding 2) above,
maximum building height shall
be in accordance with Figure
22 of Schedule F - Special
Figures of Zoning By-law 05-
200.
viii) Built form for New
Development
A minimum of one principal
entrance shall be provided in the
façade along Main Street West.
ix)
Planting Strip
A planting strip shall not be
required.
x)
Visual Barrier
A visual barrier shall not be
required.
(By-law 20-230, October 28, 2020)
737. Within a portion of the lands zoned Rural (A2) Zone, identified on Maps 15
and 16 of Schedule "A" - Zoning Maps and described as 1092 Gore Road,
the following special provisions shall apply:
a)
In addition to the uses permitted in Section 12.2.1, the following
additional uses shall be permitted; motor vehicle collision and repair
establishment, including the repair of Motor Vehicles - Commercial;
and, motor vehicle service station, including the repair of Motor
Vehicles - Commercial.
b)
Section 12.6.3 b) to h), j) and k) shall apply to uses in a).
c)
Outdoor storage shall be permitted in association with the uses
permitted in a) and shall be screened form view with a visual barrier
in accordance with Section 4.19 of this Bylaw adjacent to the street.
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-548
738. Within the lands zoned Settlement Residential (S1) Zone, identified on Map
Nos. 1022 and 1068 of Schedule "A" - Zoning Maps and described as 1031
Highway No. 52 North, Ancaster, the following special provisions shall
apply:
a)
For the purposes of Special Exception No. 738, Finished Floor Area
shall mean the aggregate horizontal area measured from the
exterior faces of the exterior walls of all floors of a building that
finished with flooring, wall covering (trimmed), and ceiling.
b)
In addition to Section 12.3.3, the following regulation shall apply:
i)
Maximum Finished Floor
Area for Single Detached
Dwelling or Residential
Care Facility.
306.5 square metres
(By-law 21-006, January 20, 2021)
739. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 994 of Schedule "A" - Zoning Maps and described as 211 and
225 John Street South and 78 Young Street, Hamilton, the following special
provisions shall apply:
a)
Notwithstanding the definition of "Grade" in Section 3, the following
shall apply:
Grade
Shall be 102.97 metres above mean sea
level as defined by the Geodetic Survey
Datum.
b)
Notwithstanding Sections 5.6 c) and 5.7 g) as it relates to a multiple
dwelling and permitted commercial uses, the following shall apply:
i)
Parking
1)
A minimum 0.6 parking spaces per
unit shall be required for a
multiple dwelling; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-549
2)
The
Commercial
parking
requirements of Section 5.6 c) shall
not apply except to a Commercial
School,
Financial
Establishment,
Hotel, Conference or Convention
Centre, Medical Clinic, Office or
Veterinary Service.
ii)
Bicycle Parking
A minimum 0.5 long term
bicycle parking spaces per
dwelling unit shall be required.
c)
Notwithstanding Sections 10.5.1.1 i) 1., and 10.5.3 a) i) and d), the
following shall apply:
i)
Restriction of
Uses within a
Building
The finished floor elevation of any
dwelling unit shall be a minimum 0.6
metres below grade.
ii)
Building
Setback from a
Street Line
1)
For buildings with residential units on
the ground floor facing a street:
A.
A minimum 1.5 metres from
Young Street;
B. A minimum 0.5 metres from
Catharine Street South; and
C.
A minimum 3.0 metres from
John Street South and Forest
Avenue.
2)
Notwithstanding b) ii) 1) B.
above, a minimum 2.2 metres
from the Catharine Street South
street line shall be required for
a
building
exceeding
29.0
metres in height.
iii)
Building Height
1)
Minimum 5.5 metres;
2)
Maximum building height shall
be in accordance with Figure
23 of Schedule F - Special
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-550
Figures of Zoning By-law No.
05-200.
3)
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 20% of
the floor area of the 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 2.0 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.
(By-law 21-038, March 31, 2021)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-551
740. Within the lands zoned Major Institutional (I3) Zone, identified on Map 1080
of Schedule "A" - Zoning Maps and described as 555 Sanatorium Road,
Subsection 8.3.2.2 c) shall not apply to the building on the date of the
passing of this By-law.
(By-law 21-059, April 28, 2021)
741. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1, 295, 741) Zone, identified on Map No. 909 and 951 of
Schedule "A" to Zoning By-law No. 05-200 and described as 354 King
Street West, the following special provisions shall apply:
a)
The lands zones Transit Oriented Corridor Mixed Use Medium
Density (TOC1, 295, 741) Zone shall be deemed to be one lot for
the purposes of applying the provision of the By-law. Zoning
provisions shall apply only to the external lot lines of the overall
lands, not to internal lot lines resulting from any future severance.
b)
Notwithstanding Section 5: Parking of Zoning By-law No. 05-200, as
it relates to a Hotel, the following shall apply:
i)
0.75 for each guest suite.
c)
Notwithstanding Section 11.1.3. d) ii) and iii), the following special
provisions shall apply:
i)
Building Height
d) In
addition
to
a)
above,
maximum building height shall
be in accordance with Figure
26 of Schedule F - Special
Figures of Zoning By-law No.
05-200.
(By-law 21-081, May 12, 2021)
(By-law No. 22-084, April 13, 2022)
742. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1343 of Schedule "A" - Zoning Maps and described as 15, 17 &
21 Stone Church Road East, the following special provisions shall apply:
a)
Notwithstanding Section 4.9 (a) and 5.6 (c) and in addition to 5.1
(a)(v)(b), the following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-552
i)
Mechanical and
Unitarity
Equipment
Within a required front yard, provided
such equipment shall have a minimum
setback of 0.5 metres from the street
line, a minimum setback of 0.6 metres
from a side lot line and is screened from
the
street
by
an
enclosure
or
landscaping.
ii)
Number of
Parking Spaces
for a Multiple
Dwelling and
Commercial or
Institutional
Uses
a) Multiple Dwelling:
i) Minimum 1 parking space per
dwelling unit; and,
ii) Maximum 1.25 parking spaces
per dwelling unit.
b) Commercial or Institutional Uses:
i) 0 for less than 450.0 square
metres of gross floor area; and,
ii) 1 for each 17.0 square metres of
gross floor area greater than 450.0
square metres.
a)
Notwithstanding Section 10.5.3 (b), (c), (d) and (g), the following
regulations shall apply:
i)
Minimum Rear
Yard
18 metres
ii)
Minimum
Interior Side
Yard
15 metres abutting a Residential or
Institutional Zone or lot containing a
residential use.
iii)
Building Height
a) Minimum 7.5 metre façade height
for any portion of a building along a
street line;
b) Maximum 22.0 metres; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-553
c) In addition to a) and notwithstanding
b) above, any building above 11.0
metres
may
be
equivalently
increased as the yard increases
beyond
the
minimum
yard
requirement established in Section
ii)
and
iii)
when
abutting
a
Residential or Institutional Zone to
a maximum of 22.0 metres.
d) 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:
i) 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 storey
directly beneath;
ii) 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,
iii) The wholly enclose or partially
enclosed structure belonging
to an amenity area, or portion
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-554
of a building designed to pro
ide
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.
iv)
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
a) Rooftop mechanical equipment shall
be located and/or screened from
view of any abutting street.
b) 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.
c) In addition to Subsections a) and b)
above, the minimum width of the
ground floor façade facing the front
and flankage lot lines shall exclude
access driveways and any required
yards within a lot line abutting a
street.
d) No parking, stacking lanes, or aisles
shall
be
located
between
the
required building façade and the front
lot line and flankage lot line.
e) A minimum of one principal entrance
shall be provided:
1. within the ground floor; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-555
2. shall be accessible from the
building with direct access from
the public sidewalk.
f) A walkway shall be permitted in a
Planting Strip where required by the
By-law.
(By-law 21-131, August 13, 2021)
743. Within the lands zoned Agriculture (A1) Zone, identified on Map RU188 of
Schedule "A" - Zoning Maps and described as 435 Carluke Road West,
the following special provisions shall apply:
a)
In addition to Subsection 12.1.3.3, residential uses shall be limited
to the building existing at the date of the passing of the by-law (June
9, 2021).
(By-law 21-101, June 9, 2021)
744. Within the lands zoned Major Institutional (I3, 744) Zone, identified on Map
1252 & 1305 of Schedule '"A" - Zoning Maps and described as 466-490
Highway No. 8, the following special provisions shall apply:
a)
Notwithstanding the definition of Lot as noted in Section 3:
Definitions, and notwithstanding any changes in land ownership or
any severance, partition or division of the property, lands subject to
this special provision shall be considered as one lot for the purposes
of the Zoning By-law.
b)
Notwithstanding the definition of Multiple Dwelling, as defined within
Section 3 of the Zoning By-law, a Multiple Dwelling shall mean a
building or part thereof containing three or more dwelling units,
which shall not include a street townhouse dwelling or semi-
detached dwelling but may include uses permitted in accordance
with Section 10.2.1 and 10.2.1.1 of the Zoning By-law, and shall not
be deemed a Dwelling Unit in Conjunction with a Commercial Use.
REGULATIONS
LONG TERM CARE FACILITY
c)
Notwithstanding Section 8.3.2.1 b) the following regulation shall
apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-556
i)
Minimum Side
Yard
1. 3.5 metres abutting a street.
2. 1.8 metres where a lot line abuts the
hypotenuse of the daylight triangle.
3. 7.0 metres abutting an interior side
lot line.
ii)
Minimum Rear
Yard
7.0 metres
MULTIPLE DWELLING
d)
Notwithstanding Sections 8.3.2.2a) and b), and in addition to
Section 8.3.2.2, the following regulations shall apply:
i)
Minimum Side
Yard
1.
2.9 metres abutting a Neighbourhood
Park (P1) Zone or a street.
2.
6.0 metres where lot line abuts a
Residential Zone lot line.
ii)
Minimum Rear
Yard
8.9 metres.
iii)
Maximum
Building Height
30.0 metres
iv)
Maximum total
gross floor area
for uses
permitted by
Section
10.2.1.1
500 square metres
745. Within the lands zoned Major Institutional (I3, 745) Zone, identified on
Maps 1375 and 1376 of Schedule '"A" - Zoning Maps and described as
1411 and 1415 Upper Wellington Street, the following special provisions
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-557
a)
Notwithstanding Section 5.2 a), a visual barrier shall not apply along
the southerly lot line abutting a Residential Zone;
b)
Notwithstanding uses permitted in Section 8.3.1, the following use
is prohibited:
i) Street Townhouse Dwelling
c)
In addition to uses permitted in Section 8.3.1, the following are
permitted only as accessory uses to a Long Term Care Facility:
i) Retail
ii) Restaurant
d)
Notwithstanding Section 8.3.2.1 b) and c), the following regulations
shall apply to a Long Term Care Facility and Retirement Home:
i)
Minimum Side
Yard
7.0 metres except as shown in
Figure 2 of Schedule "B" -
Property Details.
ii)
iii)
Minimum Rear
Yard
Maximum
Building Height
7.0 metres.
30.0 metres
(By-law 21-175, October 13, 2021)
746. Within the lands zoned Agriculture (A1) Zone, identified on Maps 174 & No.
159 of Schedule '"A" - Zoning Maps and described as 822 and 914 Brock
Road West and 1276 Shaver Road, the shall apply:
1)
Notwithstanding Section 12.1.3.3a), the minimum Lot Area shall be
0.3 hectares for Block 1;
2)
Notwithstanding Section 4.8.2 c), the gross floor area of all buildings
accessory to a single detached dwelling shall not exceed 450 square
metres for Block 1;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-558
3)
Notwithstanding Section 12.1.3.3d), the minimum front yard setback
shall be 8.0 metres for Block 3; and,
4)
Notwithstanding Section 12.1.3.3c), the maximum building height is
11 metres.
(By-law 21-135, August 13, 2021)
747. Within the lands zoned Prestige Business Park (M3) Zone, identified on
Maps 1451 and 1452 of Schedule "A" - Zoning Maps, and described as 60
Arbour Road and 1375 Stone Church Road East (in part) the following
special provisions shall also apply:
a)
Notwithstanding Subsection 9.3.1, only the following uses shall be
permitted:
Alcohol Production Facility
Aquaponics
Artist Studio
Biotechnological Establishment
Building and Lumber Supply Establishment
Building or Contracting Supply Establishment
Cannabis Growing and Harvesting Facility
Communications Establishment
Computer, Electronic and Data Processing Establishment
Conference or Convention Centre
Contractor's Establishment
Courier Establishment
Craftsperson Shop
Hotel
Industrial Administrative Office
Laboratory
Labour Association Hall
Office
Pharmaceutical and Medical Establishment
Production Studio
Repair Service
Research and Development Establishment
Restaurant
Science and Technology Establishment
Surveying, Engineering, Planning or Design Business
Trade School
Tradesperson's Shop
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-559
Warehouse
Wedding Chapel
b)
The gross floor area of the wedding chapel shall not exceed 300
square metres.
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
748. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
1548 of Schedule "A" - Zoning Maps, and described as 1603 Rymal Road
East the following special provisions shall also apply:
a)
In addition to Subsection 10.7.1, the following uses shall also be
permitted:
Retail
Personal Service
Office
Hotel
Financial Establishment
Medical Clinic
Child Care Centre
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
749. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 1249 of Schedule "A" - Zoning Maps, and described as 141 King
Street East, the following special provisions shall also apply:
a)
Notwithstanding Subsections 10.2.1 and 10.2.1.1, only the following
uses shall be permitted within the existing building:
Office
Personal Service
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
(By-law No. 24-137, July 12, 2024)
750. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 1228 of Schedule "A" - Zoning Maps, described as 144 Wilson
Street East, the following special provisions shall also apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-560
a)
Notwithstanding Subsections 10.2.1 and 10.2.1.1, only the following
uses shall be permitted:
Office
Medical Clinic
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
751. Within the lands zoned Settlement Commercial (S2) Zone, identified on
Map 107 of Schedule "A" - Zoning Maps, described as 78 Highway No. 8,
the following special provisions shall also apply:
a)
In addition to Subsection 12.4.1, a maximum of two Dwelling Units
shall be permitted in conjunction with a commercial use in the same
building.
(By-law No. 21-189, October 15, 2021)
(By-law No. 22-084, April 13, 2022)
752. Within the lands zoned Mixed Use Medium Density (C5) Zone and Mixed
Use Medium Density - Pedestrian Focus (C5a) Zone identified on Maps
445, 446, 481, 482, 516 and 517 of Schedule "A1", "A2", "A3", "A4", "A5"
and "A6" - Zoning Maps and described as:
Property Address
Map Number
4 Barton Street
482
50 Barton Street
482
54 Barton Street
482
56 Barton Street
482
Block 14 of Plan 62M-582
482, 516 and 517
Block 29 of Plan 62M-627
516
221 Dundas Street East
516
229 Dundas Street East
516
232 Dundas Street East
517
233 Dundas Street East
516 and 517
238 Dundas Street East
517
241 Dundas Street East
516 and 517
244 Dundas Street East
517
245 Dundas Street East
482 and 517
246 Dundas Street East
517
250 Dundas Street East
517
252 Dundas Street East
482 and 517
254 Dundas Street East
482 and 517
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-561
267 Dundas Street East
482
271 Dundas Street East
482
279 Dundas Street East
482
283-285 Dundas Street East
482
288 Dundas Street East
482
289 Dundas Street East
482
290 Dundas Street East
482
291 Dundas Street East
482
292 Dundas Street East
482
293 Dundas Street East
482
294 Dundas Street East
482
295 Dundas Street East
482
296 Dundas Street East
482
297 Dundas Street East
482
298 Dundas Street East
482
299 Dundas Street East
482
300 Dundas Street East
482
301 Dundas Street East
482
302 Dundas Street East
482
304 Dundas Street East
482
307-309 Dundas Street East
482
311 Dundas Street East
482
312 Dundas Street East
482
313 Dundas Street East
482
315 Dundas Street East
482
316-318 Dundas Street East
482
317 Dundas Street East
482
319 Dundas Street East
482
321 Dundas Street East
482
323 Dundas Street East
482
324 Dundas Street East
482
327 Dundas Street East
482
331 Dundas Street East
482
335 Dundas Street East
446 and 482
10 Flamboro Street
482
18 Flamboro Street
482
19 Flamboro Street
482
20 Flamboro Street
482
26 Flamboro Street
482
10 Franklin Street
482
25 Franklin Street
482
7-11 Griffin Street
482
23 Griffin Street
482
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-562
27 Griffin Street
482
5-7 Hamilton Street North
482
9 Hamilton Street North
482
18 and 20-64 Hamilton Street
North
482
25 Hamilton Street North and
255 Dundas Street East
481 and 482
61 Hamilton Street North
481 and 482
70 Hamilton Street North
482
71 Hamilton Street North
481 and 482
74 Hamilton Street North
482
79 Hamilton Street North
481
80 Hamilton Street North
482
81 Hamilton Street North
481
83 Hamilton Street North
481
87 Hamilton Street North
481
89 Hamilton Street North
481
95 Hamilton Street North
481
115 Hamilton Street North
445 and 481
145 Hamilton Street North
445
3 Howard Boulevard
517
4 Howard Boulevard
517
1 Main Street North
482
9 Main Street North
482
17 Main Street North
482
20 Main Street North
482
30 Main Street North
482
34 Main Street North
482
35 Main Street North
482
40 Main Street North
482
9, 11 and 17 Main Street South
482
10 Main Street South
482
19 Main Street South
482
23, 25, 31 and 37 Main Street
South
482
6 Mill Street North
446 and 482
16 Mill Street North
446 and 482
21 Mill Street North
482
24 Mill Street North
446 and 482
25 Mill Street North
482
30 Mill Street North
446 and 482
34 and 40 Mill Street North
446 and 482
5 Mill Street South
482
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-563
11 Mill Street South
482
15 Mill Street South
482
19 Mill Street South
482
22 Mill Street South
482
26 Mill Street South
482
27 Mill Street South
482
256 Parkside Drive
445 and 481
170 Rockhaven Lane
481
The following special provisions shall apply:
a)
On a lot containing greater than 20 dwelling units, the required
Amenity Area shall include a minimum of 40 square metres for a
single common outdoor Amenity Area at the ground level;
b)
The common Amenity Area required by Subsection a) of Special
Exception 752 shall not include any required Planting Strips and
shall have a minimum width of 4 metres; and,
c)
Notwithstanding Section 10.5.3 i) and 10.5a.3 i), where a property
lot line abuts a property lot line within a Residential Zone or an
Institutional Zone and not a Laneway, a minimum 3.0 metre wide
Planting Strip shall be provided and maintained.
(By-law No. 22-071, April 13, 2022)
753. Within the lands zoned Mixed Use Medium Density (C5) Zone and Mixed
Use Medium Density - Pedestrian Focus (C5a) Zone identified on Maps
446 and 482 of Schedule "A5" - Zoning Maps and described as:
Property Address
Map Number
4 Barton Street
482
50 Barton Street
482
54 Barton Street
482
56 Barton Street
482
279 Dundas Street East
482
283-285 Dundas Street East
482
288 Dundas Street East
482
289 Dundas Street East
482
290 Dundas Street East
482
291 Dundas Street East
482
292 Dundas Street East
482
293 Dundas Street East
482
294 Dundas Street East
482
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-564
295 Dundas Street East
482
296 Dundas Street East
482
297 Dundas Street East
482
298 Dundas Street East
482
299 Dundas Street East
482
300 Dundas Street East
482
301 Dundas Street East
482
302 Dundas Street East
482
304 Dundas Street East
482
307-309 Dundas Street East
482
311 Dundas Street East
482
312 Dundas Street East
482
313 Dundas Street East
482
315 Dundas Street East
482
316-318 Dundas Street East
482
317 Dundas Street East
482
319 Dundas Street East
482
321 Dundas Street East
482
323 Dundas Street East
482
324 Dundas Street East
482
327 Dundas Street East
482
331 Dundas Street East
482
335 Dundas Street East
446 and 482
10 Flamboro Street
482
18 Flamboro Street
482
19 Flamboro Street
482
20 Flamboro Street
482
26 Flamboro Street
482
10 Franklin Street
482
25 Franklin Street
482
7-11 Griffin Street
482
23 Griffin Street
482
27 Griffin Street
482
18 Hamilton Street North
482
1 Main Street North
482
9 Main Street North
482
17 Main Street North
482
20 Main Street North
482
30 Main Street North
482
34 Main Street North
482
35 Main Street North
482
40 Main Street North
482
9, 11 and 17 Main Street South
482
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-565
10 Main Street South
482
19 Main Street South
482
23, 25, 31 and 37 Main Street
South
482
6 Mill Street North
446 and 482
16 Mill Street North
446 and 482
21 Mill Street North
482
24 Mill Street North
446 and 482
25 Mill Street North
482
30 Mill Street North
446 and 482
34 and 40 Mill Street North
446 and 482
5 Mill Street South
482
11 Mill Street South
482
15 Mill Street South
482
19 Mill Street South
482
22 Mill Street South
482
26 Mill Street South
482
27 Mill Street South
482
The following special provisions shall apply:
a)
Notwithstanding Section 10.5a.1.1 iii) 1., Commercial Parking
Facilities may be permitted on the ground floor and not wholly
contained within a Building. A Commercial Parking Facility not
wholly contained within a Building shall not be permitted on a lot with
frontage on Dundas Street unless a Building is located between
parking spaces and the street;
b)
Where a Commercial Parking Facility is contained within a Building,
with the exception of an access driveway to the parking facility, that
portion of the ground floor of the facility which faces any street shall
only be used for permitted uses other than parking;
c)
Notwithstanding Section 10.5.3 d) ii) and iii) and Section10.5a.3 d)
ii) and iii), the maximum Building Height shall be 11.0 metres;
d)
Notwithstanding Section 10.5a.3 h) ix), a minimum of 80 percent of
the area of the ground floor façade facing the street shall be
composed of doors and windows;
e)
Subsection d) of Special Exception 753 shall not apply to Existing
façades;
f)
In addition to Subsection d) of Special Exception 753, window and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-566
doorframes, clear glazed transoms and sidelights, and a sill up to
0.6m in height are permitted to be included in the calculation of the
door and window area. Signage and opaque/spandrel glazing shall
not be included in the calculation of the door and window area;
g)
A minimum of 25% and a maximum of 40% of the façade of second
and third storeys shall be composed of windows. Window frames,
clear glazed transoms and sidelights, and a sill up to 0.6m in height
are permitted to be included in the calculation of the window area.
Signage and opaque/spandrel glazing shall not be included in the
calculation of the window area;
h)
Exterior building cladding, except decorative architectural features
(such as window and door frames, sills, lintels, surrounds, and
cornices), shall be of either one or a combination of no more than
two of the following materials:
1. Brick;
2. Concrete panels;
3. Stone block, excluding manufactured stone veneer;
4. Wood;
5. Composite siding;
6. Stucco; and,
7. Metal and metal panels, excluding aluminium siding or any metal
variant thereof.
i)
Notwithstanding Subsections d) to h) of Special Exception 753, 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.
(By-law No. 22-071, April 13, 2022)
754. Within the lands zoned Mixed Use Medium Density (C5) Zone and Mixed
Use Medium Density - Pedestrian Focus (C5a) Zone identified on Maps
445, 481, 482, 516 and 517 of Schedules "A1", "A2", "A4", and "A6" -
Zoning Maps and described as:
Property Address
Map Number
Block 14, Plan 62M-582
482, 516 and 517
Block 29, Plan 62M-627
516
221 Dundas Street East
516
229 Dundas Street East
516
232 Dundas Street East
517
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-567
233 Dundas Street East
516 and 517
238 Dundas Street East
517
241 Dundas Street East
516 and 517
244 Dundas Street East
517
245 Dundas Street East
482 and 517
246 Dundas Street East
517
250 Dundas Street East
517
252 Dundas Street East
482 and 517
254 Dundas Street East
482 and 517
267 Dundas Street East
482
271 Dundas Street East
482
9 Hamilton Street North
482
20-64 Hamilton Street North
482
25 Hamilton Street North and
255 Dundas Street East
481 and 482
61 Hamilton Street North
481 and 482
70 Hamilton Street North
482
71 Hamilton Street North
481 and 482
74 Hamilton Street North
482
79 Hamilton Street North
481
80 Hamilton Street North
482
81 Hamilton Street North
481
83 Hamilton Street North
481
87 Hamilton Street North
481
89 Hamilton Street North
481
95 Hamilton Street North
481
115 Hamilton Street North
445 and 481
145 Hamilton Street North
445
3 Howard Boulevard
517
4 Howard Boulevard
517
256 Parkside Drive
445 and 481
170 Rockhaven Lane
481
The following special provisions shall apply:
a)
For Buildings greater than 11.0 metres in Building Height, a
minimum Building stepback of 2.0 metres shall be required above
the second storey along any Building face adjacent to a street;
b)
For Buildings greater than 11.0 metres in Building Height, a
minimum Building stepback of 2.5 metres shall be required above
the second storey along a Building face adjacent to a Side Yard;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-568
c)
The minimum Building Setback from a street line shall be 2.0
metres;
d)
Where a Commercial Parking Facility is contained within a Building
in a Mixed Use Medium Density (C5) Zone, with the exception of an
access driveway to the parking facility, that portion of the ground
floor of the facility which faces any street shall only be used for
permitted uses other than parking;
e)
A minimum 3.0 metre wide Planting Strip shall be provided along
every Side Lot Line and Rear Lot Line;
f)
A minimum of 60 percent of the area of the ground floor façade
facing the street shall be composed of doors and windows; and,
g)
Subsection f) of Special Exception 754 shall not apply to Existing
façades.
(By-law No. 22-071, April 13, 2022)
755. Within the lands zoned Mixed Use Medium Density (C5) Zone and Mixed
Use Medium Density - Pedestrian Focus (C5a) Zone identified on Maps
445, 481 and 482 of Schedules "A2", "A4", and "A6" - Zoning Maps and
described as 25, 115 and 145 Hamilton Street North and 255 Dundas
Street East, the following special provisions shall apply:
a)
For the lands located at 115 and 145 Hamilton Street North, the
minimum combined gross floor area for all non-residential uses shall
be 8,306 square metres; and,
b)
For the lands located at 25 Hamilton Street North and 255 Dundas
Street East, the minimum combined gross floor area for all non-
residential uses shall be 8,160 square metres.
(By-law No. 22-071, April 13, 2022)
756. Within the lands zoned Neighbourhood Institutional (I1) Zone, identified on
Maps 445 and 446 of Schedule "A7" - Zoning Maps and described as 200
Main Street North and 80 Mill Street North, the following special provisions
shall apply:
a)
In addition to the permitted uses in Subsection 8.1.1, a Multiple
Dwelling shall be permitted within an Existing Building designated
under the Ontario Heritage Act, provided that no additions to the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-569
Building are made except for minor additions to accommodate the
requirements of the Accessibility for Ontarians with Disabilities Act.
b)
A Multiple Dwelling as permitted by Subsection a) of Special
Exception 756 shall comply with regulations 8.1.3.1 a), c), d), e), f),
g), h), l) and m);
c)
Notwithstanding Subsections 8.1.3.3 g) and 8.1.3.4 g), the
maximum Building Height for Single Detached, Duplex and Semi-
Detached Dwellings shall be 9.0 metres;
d)
Flat roofs shall not be permitted for Single Detached, Duplex and
Semi-Detached Dwellings;
e)
For the purposes of Subsection d) of Special Exception 756, a flat
roof shall be defined as a roof with no slope or a slope less than or
equal to 1.0 vertical units for every 4.0 horizontal units, occupying
an area greater than or equal to 50% of the total horizontal roof area;
f)
Rooftop Amenity Areas shall not be permitted; and,
g)
Balconies and terraces above the first floor shall only be permitted
in a Front Yard or Flankage Yard.
(By-law No. 22-071, April 13, 2022)
(NOT FINAL AND BINDING By-law No. 26-152, September 09, 2026)
757. Deleted.
(By-law No. 22-071, April 13, 2022)
(By-law No. 23-025, February 22, 2023)
759. Within the lands zoned Downtown Prime Retail Streets (D2) Zone,
identified on Map 911 of Schedule "A" - Zoning Maps and described as 9
- 11 Robert Street, the following special provisions shall apply:
a)
Notwithstanding subsection 6.0b)i), a 3.0 metre stepback shall not
be required from the building base facade as shown in Schedule "F".
b)
Notwithstanding subsection 6.2.3a), a minimum front yard depth of
2.5 metres shall be permitted.
(By-law No. 21-189, October 15, 2021)
760. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 760) Zone, identified on Maps 1174 and 1175 of Schedule "A" -
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-570
Zoning Maps and described as 327 and 335 Wilson Street East, the
following special provisions shall apply:
a)
Subsection 5.6 e) shall not apply to Block 1, Special Figure 30.
b)
Notwithstanding Subsection 10.5a.1.1 ii)2, a dwelling unit(s) shall be
permitted on the ground floor on Block 1, Special Figure 30.
c)
No driveway providing direct vehicular access to Wilson Street East
shall be permitted on Block 1, Special Figure 30.
d)
Notwithstanding Subsection 10.5a.3 c) and i), the following
regulations shall apply to Block 1, Special Figure 30:
i)
Minimum
Northerly
Side
Yard
1.2
metres,
abutting
a
lot
containing a residential use.
ii)
Planting
Strip
Requirements
No Planting Strip shall be required.
e)
Notwithstanding Subsection 10.5a.3 c), d), h) ix) and i), the following
regulations shall apply to Block 2, Special Figure 30:
i)
Minimum
Southerly Side
Yard
1.2
metres,
abutting
a
lot
containing a residential use.
ii)
Building Height
Maximum 12.0 metres but no
portion of a building shall be
greater than 10.0 metres within 6.0
metres of the front lot line.
iii)
Built form for
New
Development
A minimum of 15% of the area od
the ground floor façade facing the
street shall be composed of doors
and windows.
iv)
Planting
Strip
Requirements
No Planting Strip shall be required
except where a Parking Area abuts
a shared property line with 339
Wilson Street East, a Planting Strip
with a minimum width of 1.2
metres is required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-571
f)
Subsection 10.5a.3 j) shall not apply.
g)
Notwithstanding Subsection 5.2 i), a minimum aisle width of 4.8
metres shall be provided for a parking degree angle of 90° on Block
2, Special Figure 30.
(By-law No. 22-205, August 12, 2022)
762. Within the lands zoned Agriculture (A1) Zone, identified on Maps No. 104
and No. 113 of Schedule "A" - Zoning Maps and described as 173 Highway
52, 1348 Concession 2 West and 1372 Concession 2 West, the following
special provisions shall apply:
1)
Notwithstanding Section 12.1.3.1a), the minimum lot area shall be
1.14 hectares for Block 1 and 37.17 hectares for Blocks 2, 3 and 4
as shown on Figure 27 of Schedule "F" - Special Figures.
(By-law No. 22-064, March 30, 2022)
(Zoning By-law No. 23-079, May 10, 2023)
763. Within the lands zoned Mixed Use High Density (C4) Zone, identified on
Map 12239 of Schedule "A" - Zoning Maps and described as 69 Mall Road,
the following special provisions shall apply:
a)
In addition to Subsection 10.4.3 d)i), buildings shall also be a
minimum of one storey.
(By-law No. 17-240-OLT-05, March 14, 2022)
764. With in the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Maps 1597 and 1641 of Schedule "A" - Zoning Maps and described as
21 Upper Centennial Parkway, the following special provisions shall apply:
a)
In addition to Subsection 10.5.3 d)i), buildings shall also be a
minimum of one storey.
(By-law No. 17-240-OLT-05, March 14, 2022)
765. Within the lands zoned District Commercial (C6) Zone, identified on Maps
1132, 1133, 1183, 1184 of Schedule "A" - Zoning Maps and described as
777 Upper James Street, the following special provisions shall apply:
a)
Notwithstanding Subsections 5.1a)v)a), 5.2 b)i), and 5.2 f) the
following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-572
i)
No planting strip shall be provided along the Upper James
Street lot line extending from the centre entrance south along
the west side of 13 parking spaces existing at the time of the
passing of the By-law.
ii)
A planting strip of 0.4 metres shall be provided along the
Mohawk Road East lot line extending from the centre
entrance along the 22 parking spaces existing at the time of
the passing of the By-law, to the most easterly entrance.
iii)
A planting strip of 1.7 metres shall be provided between the
Upper James Street and Mohawk Road East lot lines and the
existing drive through stacking lane located at the
southwestern corner of the property.
iii)
A parking space size of 2.7 metres by 6 metres shall be
provided for each parking space for the portions of lands
located south of the centre entrance.
iv)
A barrier-free parking space of 4.05 metres by 6.0 metres
shall be provided for the portions of lands located south of the
centre entrance.
(By-law No. 17-240-OLT-05, March 14, 2022)
766. Within the lands zoned Transit Oriented Corridor Mixed Use Medium Density
(TOC1) Zone, identified on Maps 908, 909 and 996 of Schedule "A" - Zoning
Maps, and described as:
Property Address
Map Number
50 Dundurn Street South
908, 909
435 - 447 Main Street East
996
The following special provisions shall also apply:
a)
Notwithstanding Subsections 11.1.3(d)(i) and in addition to
11.1.3(g) the following regulations shall apply:
i)
An addition or alteration to a legally existing commercial
building, to a maximum of 10% of the existing Gross
Floor
Area existing on the date of the passing of the By-law,
shall
be permitted.
(By-law No. 16-265-OLT-01, June 24, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-573
767. In addition to Sections 9.2.1, 9.2.2, and 9.3.3, on those lands zoned
General Business Park (M2) Zone, identified on Map 1530 of Schedule "A"
- Zoning Maps, and described as 1295 Cormorant Road the following shall
also apply:
a)
Offices, except for a medical office or clinic, having a total maximum
floor area of 3,735 square metres, and only within the existing
Building "E" as shown on Schedule "B" to By-law No. 13-061.
(By-law No. 13-061, February 27, 2013)
(By-law No. 22-084, April 13, 2022)
768. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1237 of Schedule "A" - Zoning Maps and described as 983 and
987 Upper James Street, the following special provisions shall apply:
a)
Notwithstanding Subsections 5.2 b)i), the following regulation shall
apply:
i)
A parking space size of at least 2.6 metres by 5.8 metres shall
be provided for each parking space.
(By-law No. 17-240-OLT-05, March 14, 2022)
769. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map 996 of Schedule "A" - Zoning
Maps and described as 435 - 447 Main Street East, the following special
provisions shall also apply:
a)
Notwithstanding Subsections 11.1.3(d)(i) and in addition
to 11.1.3(g), the following regulations shall apply:
i)
The minimum building height shall be 7.9 metres.
ii)
New buildings, or expansion of existing buildings to a
maximum of 10% of the existing Gross Floor Area existing on
the date of the passing of this By-law, shall be permitted.
(By-law No. 16-265-OLT-01, June 24, 2022)
770. Within the lands zoned Agriculture (A1, 770) Zone, and identified on Map
Nos. 201 and 209 of Schedule "A" Zoning Maps and described as 9270
Haldibrook Road, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-574
i)
Notwithstanding Section 12.1.3.3 (d), the minimum front
yard setback shall be 6 metres; and,
ii)
Notwithstanding Section 4.8.1.2 (b), the aggregate Gross
Floor Area of all Accessory Buildings shall not exceed 325
square metres.
(By-law No. 22-113, May 11, 2022)
771. In addition to 9.3.3 r) i), a restaurant at 1040 Garner Road West shall be
permitted.
(By-law No. 22-062, March 30, 2022)
772. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map 949 of Schedule "A" Zoning Maps
and described as 1107 Main Street West, the following special provisions
shall apply:
a)
Notwithstanding Subsections 4.8 (b) and (g) and Section 4.27 the
following special provisions shall apply:
i)
An accessory building (landscape feature) shall be
permitted to be located within a front or flankage yard;
ii)
An accessory building (landscape feature) shall have a
maximum height of 9.7 metres; and,
iii)
A community garden shall be permitted to be located within
a front or flankage yard.
b)
In addition to Section 11.1.1 and 11.1.3 b) and notwithstanding
Sections 11.1.1.1 i) 1., 11.1.3 a) ii), d) ii) and iii), g) v) and i)
i) and
11.1.8 a) the following special provisions shall apply:
i)
A Community Garden shall also be permitted.
ii)
That an accessory building (landscape features) shall
include a portion of the existing building façade and shall be
required to be provided within the front yard.
iii)
Minimum Finished Floor
Elevation of any dwelling
unit
0.5 metres above grade;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-575
iv)
Building Setback from a
Street Line
1. Maximum
13.3
metres
from Main Street West
2. Notwithstanding 1. Above,
a minimum 9.3 metres
from Main Street West for
any portion of the building
exceeding 36.0 metres in
height;
3. Maximum 4.5 metres from
Cline Avenue South and
Dow Avenue;
4. Notwithstanding 3. above,
the
following
minimum
setbacks shall apply from
Cline Avenue South and
Dow
Avenue;
A. 5.0 metres for any
portion of the building
exceeding a height of
7.8 metres;
B. 6.5 metres for any
portion of the building
exceeding a height of
16.5 metres; and,
C. 14.3 metres for any
portion of the building
exceeding a height of
22.0 metres except for
an enclosed stairwell.
v)
Minimum Rear Yard
1. 14.5
metres
for
any
portion of the building
exceeding a height of 13.5
metres;
2. 17.5
metres
for
any
portion of the building
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-576
exceeding a height of 18.0
metres; and,
3. 33.5
metres
for
any
portion of the building
exceeding a height of 22.0
metres, except for an
enclosed stairwell.
vi)
Maximum Building Height
47.0 metres
vii)
Built Form for New
Development
1. A
maximum
of
two
driveways
shall
be
permitted;
2. A
driveway
on
Dow
Avenue
shall
have
a
maximum width of 7.5
metres; and,
3. A driveway on Main Street
West
shall
not
be
permitted.
viii)
Visual Barrier
A visual barrier shall be
required along any lot line
abutting an Institutional Zone
and may include a gate.
ix)
Planning Strip
A planting strip with a
minimum width of 3.0 metres
shall be provided along any
lot line abutting an
Institutional Zone, except for
a walkway to a gate.
(By-law No. 22-163, June 22, 2022)
773. Within the lands zoned Conservation/Hazard Land-Rural (P7, 773) Zone
and Conservation/Hazard Land-Rural (P8, 773) Zone on Map No. 192 of
Schedule "A" Zoning Maps and described as 1640 Trinity Church Road,
the following special provisions shall apply:
i)
Notwithstanding Section 12.1.1, a single detached dwelling
and residential care facility shall be prohibited; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-577
ii)
Notwithstanding Section 12.1.3.1 a), the minimum lot area
shall be 35.8 hectares.
(By-law No. 22-114, May 11, 2022)
774. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 774, H124) Zone, identified on Map 911 of Schedule A - Zoning and
described as 222, 226 and 228 Barton Street East and 255, 257, 261, 263
and 265 Wellington Street North, the following special provisions shall
apply:
a)
Notwithstanding Section 5.6 c) iv) as it relates to Office and Medical
Clinic the following minimum parking requirements shall apply:
i)
Office
1 space per 27 square metres
of gross floor area in excess of
450 square metres, which
accommodates such use.
ii)
Medical Clinic
1 space per 27 square metres
of gross floor area which
accommodates such use.
b)
Notwithstanding Section 10.5a.3 a), d) ii); and, h) ix) and x) the
following regulations shall apply:
i)
Maximum
Building
Setback from a
Street Line
3.7 metres.
ii)
Building Height
Maximum 25.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-578
iii)
Built form for
New
Development
A) A minimum of 50% of the
area of the ground floor
façade facing the street
shall
be
composed
of
doors and windows.
B) The first storey shall have
a maximum height of 5.6
metres.
iv)
Maximum
Gross Floor
Area for
Medical Clinic
505 square metres.
(By-law No. 22-095, April 27, 2022)
775. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 570, 775) Zone identified on Map 860 of Schedule "A" - Zoning
Maps, and described as 112 King Street West, the following special
provision shall apply:
a)
Notwithstanding Subsection 5.6 c) iv) Commercial Uses, a minimum
of five (5) parking spaces shall be provided.
(By-law No. 22-084, April 13, 2022)
776. Within the lands zoned Neighbourhood Institutional (I1, 776) Zone,
identified on Maps 1291 and 1292 of Schedule "A" - Zoning Maps, and
described as 389 / 391 / 427 Limeridge Road East, the following special
provision shall apply:
a)
In addition to Section 8.1.1, a Cemetery shall also be permitted and
shall be subject to Section 7.4.2.
(By-law No. 22-084, April 13, 2022)
777. Within
the
lands
zoned
Agriculture
(A1,
777)
Zone
and
Conservation/Hazard Land (P7, 777), and identified on Map Nos. 210 and
211 of Schedule "A" Zoning Maps and described as 5020 Tyneside Road,
the following special provisions shall apply:
i) Notwithstanding Section 4.3 a), frontage on a street shall not be
required;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-579
ii) Notwithstanding Subsection 12.1.3.3 b), the minimum lot width shall
be 0.0 metres;
iii) Notwithstanding Section 3 of this By-law, for purposes of the definition
of the Interior Lot shall mean a lot with no frontage on a street
excluding a corner lot;
iv) Notwithstanding Section 3 of this By-law, for the purposes of the
definition of the Front Lot Line shall mean the easterly lot line shall be
considered the front lot line of the subject lands;
v) Notwithstanding Section 7.7.2.2 a), new accessory buildings to an
existing single detached dwelling shall be permitted. Sections 4.8 and
4.8.1.2 shall apply for new accessory buildings;
vi) The maximum gross floor area for an expansion to an existing building
or structure, including an existing accessory building, shall not exceed
10% of the gross floor area of the existing building or structure
including an existing accessory building and may include a deck within
the permitted maximum; and,
vii) Notwithstanding Sections 7.7.2.3 i), 7.7.2.3 ii) and 7.7.2.3 iv), an
existing single detached dwelling and existing accessory buildings or
structures which are demolished in whole or in part may be rebuilt on
a lot created subsequent to the effective date of By-law 22-166.
Sections 12.1.3.3 a), c), d) e), f) shall apply for a single detached
dwelling and Sections 4.8 and 4.8.1.2 shall apply for accessory
buildings.
viii) In addition to Section 7.7.2.2 b) ii), for purposes of the existing single
detached dwelling, Section 12.1.3.3 c), d) e) and f) and for purposes
of existing accessory buildings Sections 4.8 and 4.8.1.2 shall apply.
(By-law No. 22-166, July 08, 2022)
778. Within the lands zoned Settlement Residential (S1, 778) Zone, identified
on Map Nos. 25 and 35 of Schedule "A" - Zoning Maps, and described as
1609 & 1611 Brock Road, the following special provision shall apply:
a)
Notwithstanding Section 12.3.3 a), the Minimum Lot Area shall be
0.17 hectares.
(By-law No. 22-084, April 13, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-580
779. Within the lands zoned Settlement Residential (R1) Zone, identified on Map
Nos. 16 and 25 of Schedule "A" - Zoning Maps, and described as 34 - 11th
Concession Road East and 1800 Highway No. 6, the following special
provisions shall apply:
a)
Notwithstanding Section 12.3.3 a) and b), the following regulations
shall apply:
i)
Minimum Lot Area
0.2 hectares
ii)
Minimum Lot Width
26.0 metres
(By-law No. 23-199-OLT, October 12, 2023)
800. Within the lands zoned Rural (A2, 800) Zone, Modified on Maps 85, 86, 96
and 97 of Schedule A - Zoning Maps, the following special provisions shall
apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this By-law;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 4.8 of Zoning By-law 05-200, accessory
structures shall be permitted in conjunction with any of the uses
permitted in Section e), below in accordance with the following:
i)
Location
Side or Rear Yard
ii)
iii)
Minimum
Setback from
Side Lot Line
Interior Side Lot Line: 1.0
metre
Exterior Side Lot Line: 6.0
metres
1.0 metre
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-581
iv)
v)
Minimum
Setback from
Rear Lot Line
Maximum
Building Height
Maximum Lot
Coverage
4.0 metres
Cumulative maximum for all
buildings on a lot: 250 square
metre
e)
Notwithstanding Section 12.2.1 of Zoning By-law 05-200, only the
following uses shall be permitted;
i)
Existing uses, except for single detached dwellings, that
existed on or before February 16, 1993;
ii)
Single detached dwellings that existed on or before August
14th, 1998;
iii)
New single detached dwellings on lots having a minimum lot
size of 10 hectares;
iv)
Community Garden;
v)
Conservation; and,
vi)
Recreational, Passive;
f)
Notwithstanding Section 12.2.3.7 (a)(b)(c)(d)(e) and (f) of Zoning
By-law 05-200, the following regulations shall apply to the uses
permitted in Section e) above:
i)
Minimum Lot
Area
A) 0.8 hectares
B) Notwithstanding A) above,
a minimum of 10 hectares
shall be required for any new
single detached dwelling.
ii)
iii)
Minimum Lot
Width
Minimum Front
Yard
18 metres
6 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-582
iv)
v)
vi)
vii)
Minimum Side
Yard
Minimum Rear
Yard
Maximum
Building Height
Maximum Lot
Coverage
inclusive of any
accessory
building.
1.5 metres except:
A) 3.5 metres where the side
yard abuts the flankage street
of a corner lot;
B) 3.0 metres where the side
yard provides access to a
parking area or rear yard
garage;
C) 6.0 metres to any portion of
the dwelling comprising an
attached garage or carport
fronting onto the flankage
street of a corner lot; and,
D) 5.0 metres on one side of
an interior lot upon which there
is no garage or carport
7.5 metres
7.5 metres
250 square metres
801. Within the lands zoned Rural (A2, 801) Zone, Modified on Maps 85, 86, 96
and 97 of Schedule A - Zoning Maps, the following special provisions shall
apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-583
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 4.8 of Zoning By-law 05-200, accessory
structures shall be permitted in conjunction with any of the uses
permitted in Section e), below in accordance with the following:
i)
Location
Side or Rear Yard
ii)
iii)
iv)
v)
Minimum
Setback from
Side Lot Line
Minimum
Setback from
Rear Lot Line
Maximum
Building Height
Maximum Lot
Coverage
10 metres
20 metres
7.5 metres
Cumulative maximum for all
buildings on a lot: 300 square
metres
e)
Notwithstanding Section 12.2.1 of Zoning By-law 05-200, only the
following uses shall be permitted;
i)
Existing uses, except for single detached dwellings, that
existed on or before February 16, 1993;
ii)
Single detached dwellings that existed on or before August
14th, 1998;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-584
iii)
New single detached dwellings on lots having a minimum lot
size of 10 hectares;
iv)
Conservation; and,
v)
Recreational, Passive;
f)
Notwithstanding Section 12.2.3.1 (a)(b)(c)(d) and (e) and Section
12.2.3.7 (a)(b)(c)(d)(e) and (f) of Zoning By-law 05-200, the following
regulations shall apply:
i)
Minimum Lot
Area
10 hectares
ii)
iii)
iv)
v)
vi)
vii)
Minimum Lot
Width
Minimum Front
Yard
Minimum Side
Yard
Minimum Rear
Yard
Maximum
Building Height
Maximum Lot
Coverage
135 metres
15 metres
15 metres
20 metres
7.5 metres
300 square metres
(By-law No. 21-231, December 15, 2021)
802. Within the lands zoned Conservation/Hazard Land (P6, 802) Zone,
Modified on Maps 85, 86, 96 and 97 of Schedule A - Zoning Maps, the
following special provisions shall apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-585
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 7.6.1 of Zoning By-law 05-200, only the
following uses shall be permitted:
i)
Existing uses, except for single detached dwellings, that
existed on or before February 16, 1993;
ii)
Single detached dwellings that existed on or before August
14th, 1998;
iii)
Conservation;
iv)
Flood and Erosion Control Facilities; and,
v)
Recreational, Passive;
e)
Notwithstanding Section 7.6.2 of Zoning By-law 05-200, the
following provisions shall apply:
i)
No new buildings or structures shall be permitted on a vacant
lot;
ii)
Where a new building or structure and/or an expansion to an
existing building or structure may be permitted in accordance
with an existing agricultural use, such new building or
structure shall be in accordance with the requirements of the
Rural 801 (A2,801) Zone;
iii)
Where a new building or structure and/or an expansion to an
existing building or structure may be permitted in accordance
with an existing residential use, such new building or
structure shall be in accordance with the requirements of the
Rural 800 (A2, 800) Zone; and,
iv)
Notwithstanding Sections ii) above, no building or structure
in accordance with an agricultural use shall be erected,
altered or used within 15.0 metres of the boundary of any
Rural 800 (A2, 800) Zone.
(By-law No. 21-231, December 15, 2021)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-586
803. Within the lands zoned Conservation/Hazard Land (P7, 803) Zone,
Modified on Maps 85, 86, 96 and 97 of Schedule A - Zoning Maps, the
following special provisions shall apply
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 7.7.1 of Zoning By-law 05-200, only the
following uses shall be permitted:
i)
Existing uses, except for single detached dwellings, that
existed on or before February 16, 1993;
ii)
Single detached dwellings that existed on or before August
14th, 1998;
iii)
Conservation;
iv)
Flood and Erosion Control Facilities; and,
v)
Recreational, Passive;
e)
Notwithstanding Section 7.7.2 of Zoning By-law 05-200, the
following provisions shall apply:
i)
No new buildings or structures shall be permitted on a vacant
lot;
ii)
Where an existing building or structure which is demolished
in whole or in part, such existing building or structure may be
rebuilt and/or expanded in accordance with the requirements
of Sections iii) iv) v) and vi) below;
iii)
Where an expansion to an existing building or structure may
be permitted on a lot having an existing agricultural use, such
expansion shall be in accordance with the requirements of
the Rural (A2, 801) Zone. Notwithstanding f) iii), iv), v) and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-587
vii) of the A2, 801 Zone, the maximum gross floor area for an
expansion to an existing building or structure shall not
exceed 10% of the gross floor area of the existing building or
structure;
iv)
Where an expansion to an existing building or structure may
be permitted on a lot having an existing residential use, such
expansion shall be in accordance with the requirements of
the Rural (A2, 800) Zone. Notwithstanding f) iii), iv), v) and
vii) of the A2, 800 Zone, the maximum gross floor area for an
expansion to an existing building or structure shall not
exceed 10% of the gross floor area of the existing building or
structure;
v)
A new building or structure may be permitted in accordance
with an existing residential or agricultural use, provided the
setbacks to the building or structure which had existed on the
date
of
passing
of
the
By-law
are
maintained.
Notwithstanding the foregoing, a maximum increased
encroachment of up to 10% of the existing setbacks, as
determined above, may be permitted. Maximum building
height shall be in accordance with f) vi) of the Rural 801 (A2,
801);
vi)
In addition to iii), iv), and v) above, an existing legally
established accessory building or structure which is
demolished in whole or in part may be rebuilt provided the
setbacks, building height, and gross floor area of the building
or structure which had existed as of date of passing of the
By-law are maintained; and,
vii)
Notwithstanding iii) and v) above, no building or structure in
accordance with an agricultural use shall be erected, altered
or used within 15.0 metres of the boundary of any Rural (A2,
800) Zone.
(By-law No. 21-231, December 15, 2021)
804. Within the lands zoned Rural (A2, 804) Zone, Modified on Maps, 86 and
97 of Schedule A - Zoning Maps, and municipally identified as 154
Northcliffe Avenue the following special provisions shall apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-588
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 12.2.1 of Zoning By-law 05-200, only a
place of worship and a convent shall be permitted provided such
uses are contained within the existing institutional building on lands
municipally identified as 154 Northcliffe Avenue.
(By-law No. 21-231, December 15, 2021)
805. Within the lands zoned Rural (A2, 805) Zone, Modified on Maps 86 and 97
of Schedule A - Zoning Maps, and municipally identified as 574 Northcliffe
Avenue the following special provisions shall apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 12.2.1 of Zoning By-law 05-200, only a
place of worship, convent, a residential care facility for a maximum
of 35 residents, and a dormitory for a maximum of 36 students and
associated accessory educational establishment shall be permitted
provided such uses are contained within the existing institutional
building on lands municipally identified as 574 Northcliffe Avenue;
and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-589
e)
An existing driveway located on lands zoned A2, 804 shall be
permitted to be used for access to the existing structure municipally
described as 574 Northcliffe Avenue.
(By-law No. 21-231, December 15, 2021)
806. Within the lands zoned Rural (A2, 806) Zone, Modified on Map 86 of
Schedule A - Zoning Maps, and municipally identified as 85 Rosina
Avenue the following special provisions shall apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 shall not apply;
(By-law No. 22-132, June 08, 2022)
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
d)
Notwithstanding Section 4.8 of Zoning By-law 05-200, the following
regulations shall apply to accessory structures or buildings:
i)
No accessory building or structure shall be closer to the front
lot line than the single detached dwelling on the same lot;
ii)
No accessory building or structure shall be closer than 1.8
metres to any single detached dwelling;
iii)
No accessory building or structure shall be closer than 1.2
metres to any lot line;
iv)
Maximum building height shall be 3.6 metres; v) Maximum lot
coverage shall be 10%; and,
vi)
No accessory building or structure shall be used for human
habitation;
e)
Notwithstanding Section 12.2.1 of Zoning By-law 05-200, only a
single detached dwelling and associated accessory buildings or
structures shall be permitted; and,
f)
Notwithstanding Section 12.2.3.7 (a)(b)(c)(d)(e) and (f) single
detached dwellings shall be subject to the regulations of the Rural
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-590
800 (A2, 800) zone, as modified further by the below special
provisions:
i)
Minimum Front
Yard Setback
9 metres
ii)
iii)
iv)
Minimum Side
Yard Setback
Minimum Rear
Yard Setback
Maximum
Building Height
3 metres
10 metres
11 metres
(By-law No. 21-231, December 15, 2021)
807. Within the lands zoned Existing Rural Industrial (E2, 807) Zone, Modified
on Map 86 of Schedule A - Zoning Maps, and municipally identified as
1810 Highway 6 (325 Old Guelph Road), the following special provisions
shall apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Notwithstanding Section 12.7.1 Permitted Uses of Zoning By-law
05- 200, only the following uses shall be permitted within wholly
enclosed buildings:
i)
Light manufacturing uses requiring small amounts of water
and limited truck access together with related administration
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-591
and business offices, research and development facilities,
scientific laboratory, warehouse, repair and ancillary sales;
ii)
Fixed Mini-Storage Units; and,
iii)
Manufacturing of candles subject to Subsection e) below;
c)
Notwithstanding Section 12.7.3 Regulations of Zoning By-law 05-
200, the following regulations shall apply:
i)
Minimum Lot
Area
0.8 hectares
ii)
iii)
iv)
v)
vi)
vii)
viii)
Minimum Lot
Width
Maximum
Building
Coverage
Minimum Front
Yard
Minimum Side
Yard
Minimum Rear
Yard
Maximum
Building Height
30.0 metres
20% (Additional 20% if utilized
for fixed mini-storage units.)
30 metres
3.0 metres (6.0 metres along
the west and north side yards
abutting
the
existing
residential lots which front
onto Old Guelph Road.)
3.0 metres
11 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-592
ix)
Planting Strip
Requirements
Outdoor
Storage
3.0
metre
Planting
Strip
abutting a street, except for
points of ingress and egress
and abutting a residential or
institutional
use
shall
be
required.
No
outdoor
storage
is
permitted.
d)
For the purposes of interpreting subsection c) ii) above, the portion
of the property fronting onto Old Guelph Road shall be deemed the
front lot line;
e)
Access to Old Guelph Road by way of Motor Vehicle - Commercial
will not be permitted. Notwithstanding this provision, nothing will
prevent access of vehicles which typically serve a residential
neighbourhood on an infrequent basis such as moving vans; and,
f)
For a candle manufacturing use, no Motor Vehicle - Commercial
access is permitted onto Old Guelph Road.
(By-law No. 21-231, December 15, 2021)
808. Within the lands zoned Rural (A2, 808) Zone, Modified on Map 86 of
Schedule A - Zoning Maps, and municipally identified as 675 York Road,
the following special provisions shall apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Section 4.33 'Secondary Dwelling Unit and Secondary Dwelling Unit
- Detached' shall not apply;
c)
Section 4.7 'Reduction of Yards for Non-Conforming Lots' shall not
apply;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-593
d)
Notwithstanding Section 4.8 of Zoning By-law 05-200, the following
regulations shall apply to accessory structures or buildings:
i)
Accessory buildings or structures shall be permitted in the
nonrequired side or rear yard only;
ii)
The minimum setback from an interior side lot line shall be
1.0 metre;
iii)
The minimum setback from an exterior side lot line shall be
20.0 metres from the flankage street (Old Guelph Road);
iv)
The minimum setback from a rear lot line shall be 1.0 metre;
v)
The maximum height shall be 4.0 metres; and,
vi)
The maximum lot coverage shall be as specified in
subsection f) vii) below;
e)
Notwithstanding Section 12.2.1 of Zoning By-law 05-200 only a
single detached dwelling and associated accessory buildings or
structures shall be permitted; and
f)
Notwithstanding Section 12.2.3.7 (a)(b)(c)(d)(e) and (f), the
following regulations shall apply for a single detached dwelling:
i)
Minimum Lot
Area
0.8 hectares with municipal
water supply. The required lot
area may be larger than 0.8
hectares
where
deemed
necessary by the agency
having jurisdiction for the
approval of on-site private
sewage
disposal
systems
pursuant to the provisions of
the Environmental Protection
Act, Chapter E.19, R.S.O.
1990, as amended from time
to time or pursuant to any
successor legislation.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-594
ii)
iii)
iv)
v)
vi)
vii)
Minimum Lot
Width
Minimum Front
Yard
Minimum Side
Yard
Minimum Rear
Yard
Maximum
Building Height
Maximum Lot
Coverage
18.0 metres
35 metres are measured from
York Road
1.5 metres;
20.0 metres where the side
yard abuts the flankage street
(Old Guelph Road) of a corner
lot;
3.0 metres where the side yard
provides access to a parking
area or rear yard garage;
5.0 metres on one side of an
interior lot upon which there is
no garage or carport.
7.5 metres
9.7 metres
325 square metres for all
buildings on the lot
(By-law No. 21-231, December 15, 2021)
809. Within the lands zoned Rural (A2, 809) Zone, Modified on Map 86 of
Schedule A - Zoning Maps, and municipally identified as 200 Old Guelph
Road and 252 Old Guelph Road the following special provisions shall
apply:
a)
In addition to Section 4.12 d), any lot and the location thereon of any
use, building or structure, that was legally approved and established
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-595
through a Development Permit issuance from the Niagara
Escarpment Commission, shall be deemed to comply with the
regulations for any required setbacks, lot coverage, front yard,
flankage yard, rear yard, lot width, lot area, and building height and
are permitted by this Bylaw;
b)
Notwithstanding Section 12.2.1, only a Place of Worship shall be
permitted;
c)
The following regulations shall apply to a Place of Worship:
i)
Maximum Lot
Coverage
20%
ii)
iii)
iv)
v)
Minimum Rear
Yard
Minimum Front
Yard
Minimum Side
Yard
Maximum
Building Height
7.5 metres
7.5 metres
4.5 metres
10.5 metres
d)
Parking shall be provided in accordance with Section 5."
(By-law No. 21-131, December 15, 2021)
810. Within the lands zoned Community Institutional (I2) Zone, identified on Map
no. 1183 of Schedule "A" - Zoning Maps and described as 60 - Caledon
Avenue, the following special provisions shall apply:
a)
In addition to the uses permitted in Section 8.2.1, a multiple dwelling
shall be permitted in accordance with Section 8.2.3.1.
b)
In addition to Section 8.2.3.1 and notwithstanding Sections 8.2.3.1
c), 8.2.3.1 e), 8.2.3.1 f), the following special provisions shall apply:
i)
Minimum Side Yard and
Flankage Yard
A flankage yard of 5.5 metres
and a minimum westerly side
yard of 3 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-596
ii)
Maximum Building Height 22 metres
iii)
Minimum Landscaped
Area
45% of the lot area
iv)
Rooftop mechanical equipment shall be located and/or
screened from view of any abutting street.
v)
A walkway shall be permitted in a required planting strip.
vi)
Minimum Amenity Area for
Multiple Dwellings
1. An area of 4.0 square
metres for each dwelling
unit less than or equal to
50 square metres of
gross floor area.
2. An area of 6.0 square
metres for each dwelling
unit
greater
than
50
square metres of gross
floor area.
3. In
addition
to
the
definition of Amenity Area
in Section 3: Definitions
of By-law 05-200, an
Amenity
Area
located
outdoors
shall
be
unobstructed and shall be
at or above the surface
and exposed to light and
air.
c)
That Section 5.1 a), v) shall not apply.
d)
For the purposes of Special Exception No. 810, the following special
provisions shall apply to Area A and Area B as shown on Figure 28
of Schedule "F" - Special Figures:
i)
Maximum Building Height
Area A
22 metres
ii)
Maximum Building Height
Area B
11.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-597
(By-law No. 22-176, July 08, 2022)
(Zoning By-law No. 23-079, May 10, 2023)
811. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3, 811, H128) Zone, identified on Map 869 of Schedule "A" - Zoning
Maps and described as 405 James Street, the following special provisions
shall apply:
a)
The lands zoned Transit Oriented Corridor Multiple Residential
(TOC3, 811) Zone shall be deemed to be one lot for the purposes
of applying the provisions of the By-law. Zoning provisions shall
apply only to the external lot lines of the overall lands, and not the
individual property boundaries of any lots created by registration of
Condominium Plan, Part Lot Control or Consent.
b)
Sections 4.6 b) and d) shall not apply.
c)
Notwithstanding 5.6 c) as it relates to parking for a Child Care
Centre, the following shall apply:
Child Care Centre
1 for each 125 square metres of
gross floor area in excess of
450 square metres which
accommodates such use.
d)
In addition to Section 5.7 e), long term bicycle parking may include
electric mobility device parking.
e)
Notwithstanding Sections 11.3.2 a) i), 11.3.2 e) iv), 11.3.2 f) v), the
following shall apply:
i) Building Setback from a Street
Line
Minimum 3.0 metres,
except 1.2 metres to the
hypotenuse of a daylight
triangle.
ii)
Building Height
In addition to the
definition of Building
Height, any wholly
enclosed or partially
enclosed amenity area,
or any portion of a
building designed to
provide access to a
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-598
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 shall
not exceed 30%
of the floor area of
the storey directly
beneath;
B. Section 11.3.2 iv)
B. shall not apply;
C. The wholly
enclosed or
partially enclosed
amenity area, or
portion of a
building designed
to provide access
to a rooftop
amenity area shall
not be greater
than 3.5 metres in
vertical distance
from the
uppermost point
of the building to
the uppermost
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-599
point of the
rooftop enclosure.
iii)
Section 11.3.2 f) v) shall not apply.
f)
For the purposes of Special Exception No. 811, the following special
provisions shall apply to Block "1" as shown on Figure 29 of
Schedule "F" - Special Figures:
i)
Notwithstanding Section 5.7 c) as it relates to short
term bicycle parking for Multiple Dwellings, a minimum
of 20 short term bicycle parking spaces shall be
provided.
ii)
Notwithstanding Section 11.3.2 e) ii) and iii), a
maximum building height of 13.0 metres.
iii)
Section 11.3.2 h) iii) shall not apply.
iv)
In addition to Section 11.3.2, the following shall apply
to groups of Multiple Dwellings on the same lot:
1.
For the purposes of this By-law, "end wall" shall
mean the two narrowest exterior main walls of
a building and "rear or front wall" shall mean the
other exterior main walls;
2.
A minimum distance of 3.0 metre shall be
provided between end walls;
3.
A minimum distance of 7.0 metres shall be
provided between an end wall and a rear or
front wall; and,
4.
A minimum distance of 11.0 metres shall be
provided between rear or front walls.
g)
For the purposes of Special Exception No. 811, the following special
provisions shall apply to Block "2" as shown on Figure 29 of
Schedule "F" - Special Figures:
i)
Notwithstanding Section 5.6 c) as it relates to parking
for a Multiple Dwelling, a minimum of 0.24 parking
spaces per unit shall be provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-600
ii)
In addition to Section 11.3.1 and notwithstanding
Section 11.3.1.1 ii), the following uses shall be
permitted within the ground floor of a Multiple
Dwelling:
Artist Studio
Catering Service
Child Care Centre
Commercial School
Communications Establishment
Craftperson Shop
Financial Institution
Office Performing Arts Theatre
Personal Service
Restaurant
Retail
Tradeperson's Shop
iii)
Section 11.3.1.1 i) 1. shall not apply.
iv)
Notwithstanding Section 11.3.2 e) ii) and iii), a
maximum building height of 24.0 metres.
v)
In addition to Section 11.3.2, a minimum distance of
7.0 metres shall be provided between exterior walls on
the same property.
(By-law No. 22-220, August 12, 2022)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
812. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 1139 of Schedule "A" - Zoning Maps and described as 1842
King Street East, the following special provisions shall apply:
a)
Notwithstanding Section 5.7 c) i) and 5.7 e) i), the following shall
apply:
i.
A minimum of 0.5 long term bicycle parking spaces per unit;
ii.
A minimum of 0.05 short term bicycle parking spaces per
unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-601
b)
Notwithstanding Sections 10.5.1.1 i) 1, 10.5.3 d) ii), iii), and in
addition to 10.5.3a) i) 10.5.3 c), 10.5.3 i) and 10.5.3 j) the following
regulations shall apply:
a) Minimum Building
Setback
from
a
Street Line
i)
A minimum setback of 6.0
metres shall be provided for
any portion of a building
exceeding 7.5 metres in
height.
ii)
A minimum setback of 18.0
metres shall be provided
along King Street East and
Lawrence road lot lines for
any portion of a building
exceeding 28.0 metres in
height.
b)
Maximum Building
Setback
from
a
Street Line
In accordance with Figure 31 of
Schedule F- Special Figures of
Zoning By-law 05-200.
c)
Interior Side Yard
Setback
i)
Minimum 7.5 metres.
ii)
Notwithstanding c) i) above,
the
following
additional
setbacks shall be provided:
A) A minimum setback of 9.0
metres shall be provided
for any portion of a
building exceeding 7.5
metres in height.
B) Notwithstanding c) i) A)
above,
a
minimum
setback of 7.5 metres
shall be provided for any
portion
of
a
building
setback more than 30.0
metres from a street line,
up to a maximum height
of 14.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-602
C) A minimum setback of
25.5 metres from the
westerly lot line for any
portion of the building
exceeding 22.0 metres in
height.
D) A minimum setback of
18.0 metres from the
easterly lot line for any
portion of the building
exceeding 22.0 metres in
height.
E) A minimum setback of
65.0 metres from the
westerly lot line for any
portion of the building
exceeding 28.0 metres in
height.
F) A minimum setback of
55.0 metres from the
easterly lot line for any
portion of the building
exceeding 28.0 metres in
height.
d)
Building Height
i)
Maximum 44.0 metres.
e)
Landscaped Area
Minimum 40% of the total lot area.
f)
Planting Strip
Minimum 3.0 metre wide planting
strip
along
the
easterly
and
westerly side lot lines.
g)
Visual Barrier
Minimum 1.8 metre high visual
barrier along the easterly and
westerly side lot line.
(By-law No. 22-224, August 12, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-603
813. Within the lands zoned Mixed Use - Medium Density (C5) Zone, identified
on Map 1502 of Schedule "A" - Zoning Maps and described as 136 and
144 Upper Mount Albion Road the following special provisions shall apply:
a)
Notwithstanding Section 4.6 d) the following regulations shall apply:
i)
An exterior staircase or deck may be located 1.2
metres from an interior lot line.
b)
Notwithstanding Section 5.1 a) v) b) and c), the following regulation
shall apply:
i)
A planting strip is not required between the at-grade
surface parking spaces and the street line.
c)
Notwithstanding Section 10.5.3 a) i), 10.5.3 c), 10.5.3 d) ii), 10.5.3
g) vii) 1., 10.5.3 j) the following regulations shall apply:
i)
Building
Setback
from a Street Line
0.0 metres for a building
with residential units on the
ground floor facing a street.
ii)
Minimum
Interior
Side Yard
2.5
metres
abutting
a
Residential or Institutional
Zone or lot containing a
residential use.
iii)
Building Height
Maximum 24.0 metres.
iv)
Built form for New
Development
The principal entrance to
the ground floor lobby of the
multiple
building
is
permitted to be located on
the portion of the façade
that is not setback closest to
Upper Mount Albion Road.
v)
Planting Strip
A planting strip shall not be
required.
vi)
Visual Barrier
A visual barrier shall not be
required along the southerly
lot line adjacent to a public
trail.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-604
(By-law No. 22-207, August 12, 2022)
814. Within the lands zoned Community Institutional (I2, 814, H126) Zone,
identified on Maps 941 and 942 of Schedule "A" - Zoning Maps and
described as 125 Pirie Drive, the following special provisions:
a)
Notwithstanding Section 3: Definitions of Front Lot Line, Governor's
Road shall be deemed the Front Lot Line;
b)
In addition to uses permitted in Section 8.2.1, a Multiple Dwelling
with a maximum of 84 dwelling units shall be permitted in
conjunction with the development of a Retirement Home;
c)
Notwithstanding Section 8.2.3.1 e) and g), the following regulations
shall apply to a Retirement Home and a Multiple Dwelling:
(i)
Maximum Height
21.5 metres for a
Retirement Home and
Multiple Dwelling; and,
(ii)
Maximum Capacity
Shall not exceed 100
residents for a
Retirement Home.
(By-law No. 23-038-OLT, February 27, 2023)
815. Within the lands zoned Neighbourhood Institutional (I1) Zone, identified on
Map 869 of Schedule "A" - Zoning Maps and described as 383 and 383 ½
Hughson Street North, the following special provisions shall apply:
a)
Notwithstanding Section 4.6 b) a fire escape or exterior staircase
may encroach into a required side yard or rear yard with no
maximum distance.
b)
Notwithstanding Section 4.8.1.3 a) i) and 4.8.1.3 a) ii), the following
regulations shall apply:
i)
Building Setback
from a Rear Lot
Line
Minimum 0.6 metres
ii)
Building Setback
from a Side Lot
Line
Minimum 0.6 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-605
c)
Notwithstanding 5.6 c), the following regulations shall apply:
i)
Parking Schedule
for all Zone
Multiple Dwelling
0.6 per unit, except
where a dwelling is
50 square metres in
gross floor area or
less, in which case,
parking shall be
provided at a rate of
0.3 per unit.
d)
Notwithstanding Section 8.1.1, only the following use shall be
permitted:
Multiple Dwelling in conjunction with the buildings and structures
existing at the date of passing of this By-law.
e)
For the purpose of this By-law, Section 8.1.3.1 shall apply to a
multiple dwelling.
f)
Notwithstanding Section 8.1.3.1 g) and h), the following regulations
shall apply:
i)
Minimum Rear
Yard
2.2 metres
ii)
Maximum Building
Height
13 metres
g)
Notwithstanding Section 3, for the purpose of this By-law 'Existing'
shall mean existing on the date of passing of this By-law for the
portion constructed between 1850 and 1860, including the
enlargement and extension thereof.
(By-law No. 22-246, September 28, 2022)
816. Within the lands zoned Community Institutional (I2, 816) Zone, identified
on Map 483 of Schedule "A" - Zoning Maps and described as 265 Mill
Street South, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-606
a)
Notwithstanding Subsection 4.8 a), the aggregate Gross Floor Area
of Accessory Buildings shall not exceed 150.00 square metres or
7.5% total lot coverage, whichever is the lesser.
b)
Notwithstanding Subsection 4.8 g), Accessory Buildings shall have
a maximum height of 6.75 metres.
c)
Notwithstanding Subsection 8.2.1, only the following uses shall be
permitted:
Educational Establishment in conjunction with the buildings and
structures existing at the date of the passing of this By-law.
Child Care Centre in conjunction with the buildings and structures
existing at the date of the passing of this By-law.
Existing Single Detached Dwelling
d)
Notwithstanding Subsection 8.2.3.3 as it relates to Child Care
Centre, a Child care Centre shall be permitted in accordance with
Subsection 8.2.3.2.
e)
In addition to Subsection 8.2.3.2, the following regulation shall also
apply:
i) Maximum Gross Floor Area for
an Educational Establishment
and/or Child Care Centre
915 square metres
f)
Notwithstanding Section 3, for the purpose of the By-law, 'Existing"
shall mean existing on the date of the passing of this By-law,
including the enlargement and extension thereof, and shall include
the following:
i)
Two storey stone constructed portion of the single detached
dwelling;
ii)
Single storey stone constructed portion of the single
detached dwelling
iii)
Hip roof of the two storey section of the single detached
dwelling; and,
iv)
Stone chimney of the west façade of the single detached
dwelling.
(By-law No. 22-187, August 12, 2022)
(By-law No. 25-155, August 06, 2025)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-607
818. Within the lands zoned Settlement Residential (S1, 818) Zone, identified
on Map 113 of Schedule "A" - Zoning Maps and described as 1552
Concession 2 Road West, Flamborough the following special provisions:
a)
In addition to Section 12.3.1, a single detached dwelling shall only
be permitted in the principle building and structure existing on the
date of passing of this By-law;
b)
In addition to Section 12.3.3, a Single Detached Dwelling shall have
a maximum of 3 bedrooms; and,
c)
Notwithstanding Section 12.3.3 (a), the Minimum Lot Area shall be
0.35 hectares.
(By-law No. 22-234, September 14, 2022)
819. Within the lands zoned Waterfront - Mixed Use (WF2, 819, H94, H130)
Zone, identified on Map Nos. 787 and 827 of Schedule "A" - Zoning Maps,
the following special provisions shall apply:
a)
Notwithstanding Section 3 as it relates to the definition of Gross
Floor Area, the following shall apply:
Gross Floor Area
Shall
mean
the
aggregate
horizontal area measured from
exterior faces of the exterior
walls of all floors of a building
(excluding any cellar) within all
buildings on a lot, including any
area devoted to mechanical
equipment but not including
balconies.
b)
In addition to Section 4.6 and Notwithstanding Section 4.6 (d), the
following shall apply:
i)
A second floor terrace shall be permitted to encroach a
maximum 1.5 metres into a required setback but shall not be
closer that 0.5 metres from a lot line.
ii)
A porch, deck, canopy or retaining wall may encroach a
maximum 4.0 metres into the required easterly side yard.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-608
c)
Notwithstanding Section 14.2.1.1, the following shall apply:
Restricted Uses
1.
In addition to Section
14.2.1, Commercial and
Institutional uses shall
only be permitted on
the ground and second
floors.
2.
Residential units shall be
in
accordance
with
Figure 14 of Schedule F:
Special Figures.
d)
Notwithstanding Section 14.2.3, the following regulations shall
apply:
i)
Minimum
Landscaped Area
20% of the lot area
ii)
Minimum Unit
Width for Ground
Level Live/Work
or Dwelling Units
5.0 metres
iii)
Minimum Amenity
Area for Multiple
Dwellings
1. An area of 2.0 square
metres
located
indoors
for
each
dwelling unit; and,
2. An area of 2.0 square
metres
located
outdoors for each
dwelling, which may
include balconies.
iv)
Maximum Gross
Floor Area
1. 38,200 square
metres
2. The maximum Gross
Floor Area for each
floor within a building
shall be:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-609
A. 850
square
metres for floors
4 to 30; and
B. 650
square
metres for floors
31 and above.
v)
Minimum Setback
from a Lot Line
1. 7.5 metres from the
easterly lot line; and,
2. 1.5 metres from all
other lot lines.
3. In addition to 1. and
2.
above,
the
following
minimum
setbacks
shall
be
required
for
any
portion of a building
exceeding a height
of three storeys or
11.0 metres;
A. 12.5 metres from
the easterly and
northerly lot
lines; and,
B. 3.0 metres from
all other lot lines.
vi)
Building Height
Shall be provided in
accordance with Figure
12 of Schedule F: Special
Figures.
(By-law No. 23-229, November 22, 2023)
820. Within the lands zoned Downtown Central Business District (D1) Zone,
identified on Map 951 of Schedule "A" - Zoning Maps and described as
220 and 222 Main Street West and 107, 109, 115 and 117 George Street,
the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-610
a)
Section 6.0 c) i) shall not apply where the required step back is
measured to the hypotenuse of a daylight triangle.
b)
Notwithstanding Sections 6.1.1.1 i) 1. A., 6.1.3 a) i) and ii), and 6.1.3
c) iv), the following special provisions shall apply:
i)
Restricted Uses
In the case of a Parking
Facility developed after the
effective date of this By-law,
a maximum of five parking
spaces shall be permitted to
be located outside of a
building. All other parking
space shall be contained
within a building.
ii)
Building
Setback
from a Street Line
1. For any portion of a
building
below
11.0
metres in height, except
where a visibility triangle
shall be provided for a
driveway access, the
following shall apply:
A. Maximum 6.0 metres
from
the
George
Street Line; and,
B. Maximum 4.7 metres
from all other Street
Lines.
2. Notwithstanding Section
ii) 1. above, a maximum
setback of 8.5 metres for
that portion of a building
providing
an
access
driveway to a garage.
iii)
Built Form for New
Development
A driveway with a maximum
width of 7.7 metres shall be
permitted for ingress and
egress.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-611
(By-law No. 23-024, February 22, 2023)
821. Within the lands zoned Transit Oriented Corridor Mixed Use - Medium
Density (TOC1) Zone, identified on Map 909 and 951 of Schedule "A" to
By-law No. 05-200 and described as 354 King Street West, the following
special provisions shall apply:
a)
The lands zoned Transit Oriented Corridor Mixed Use - Medium
Density (TOC1, 295, 821) Zone and the lands zoned Transit
Oriented Corridor Mixed Use - Medium Density (TOC1, 295, 741)
Zone shall be deemed to be one lot for the purposes of applying the
provisions of the By-law. Zoning provisions shall apply only to the
external lot lines of the overall lands, not to internal lot lines resulting
from any future severance.
b)
Notwithstanding Section 5.6.c) Parking Schedule for all Zones
except Downtown Zones, the following specific parking ratio shall
apply to all multiple dwellings:
Column 1
Column 2
a) Multiple Dwelling
Minimum
i)
Dwelling units less than 50.0
square metres in gross floor
area
Units 1-12
0 per unit
Units 13+
0.3 per unit
ii)
Units greater than 50.0 square
metres in gross floor area
Units 1-12
0 per unit
Units 13-50
0.5 per unit
Units 51+
0.7 per unit
iii)
Units with 3 or more bedrooms
Units 1-12
0 per unit
Units 13+
0.3 per unit
b) Commercial
i)
Financial Establishment
1 for each 50 square
metres of gross floor
area in excess of
450 square metres,
which
accommodates
such use
ii)
Medical clinic
1 for each 50
square metres of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-612
gross floor area
in excess of 450
square metres,
which
accommodates
such use
iii)
Office
1 for each 50
square metres of
gross floor area
in excess of 450
square metres,
which
accommodates
such use
iv)
Retail
0
v)
Personal Service
0
c)
In addition to the Section 11.1.1, a minimum of 5% of the permitted
dwelling units shall be comprised of 3-bedroom units.
d)
In addition to Section 11.1 and notwithstanding Section 11.1.3 b),
11.1.3 c) i), 11.1.3.d) i), ii) and iii), 11.1.3 g) v), and 11.1.3.g) vii) the
following special provisions shall apply:
a)
Minimum Rear Yard
i)
7.5 metres;
ii)
Notwithstanding a)
i)
above,
a
minimum rear yard
of 1.1 metres shall
apply to a parking
structure.
b)
Minimum Interior Side Yard
i)
0.8 metres abutting
the
lot
line
measuring 29.764
metres; and,
ii)
1.9 metres abutting
the
lot
line
measuring 18.712
metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-613
c)
Building Height
i)
Minimum
6.65
metres
for
structures fronting
onto Market Street;
ii)
Maximum building
height shall be 24.0
metres unless
otherwise indicated
on Figure 26 of
Schedule
F
-
Special Figures
iii)
In addition to c) ii)
above, any portion
of
the
building
above 42 metres
shall be stepped
back a minimum of
17 metres from the
north edge of the
building.
d)
Driveway
i)
A maximum of four
driveways shall be
permitted.
ii)
In addition to d) i)
above, a maximum
driveway width of
6.0 metres shall be
permitted
for
ingress and egress.
e)
Principal Entrance
The principal entrance to
the mixed use building
shall face eastward with
direct access from the
public sidewalk.
(By-law No. 22-242-OLT, August 24, 2022)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-614
822. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 1237 of Schedule "A" - Zoning Maps and described as 1020
Upper James Street, the following special provision shall apply:
a)
Notwithstanding Sections 10.5.3 d) ii), iii), the following special
provision shall apply:
Building Height
Maximum 28.5 metres
(By-law No. 22-273, December 7, 2022)
823. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map Nos. 1748 and 1785 of Schedule "A" - Zoning Maps and described
as 3250 and 3260 Homestead Drive, the following special provision shall
apply:
a)
Notwithstanding Sections 10.5.3 g) vii) 1., the following regulations
shall apply:
i)
A minimum of one principal entrance shall be provided within
the ground floor facade where the setback does not abut any
street.
(By-law No. 23-015, February 8, 2023)
824. In addition to Section 12.1.3.2 a), and notwithstanding Section 3 as it
relates to Lot Coverage, Sections 12.1.3.1 e) and 12.1.3.1 h), on those
lands zoned Agriculture (A1) Zone, identified on Maps 180, 193 of
Schedule "A" of Zoning Maps and described as 3355 Golf Club Road, the
following special provisions shall also apply:
a)
For the purposes of Special Exception No. 824, the following
definitions shall apply:
Agri-tourism Retreat
Shall mean a detached building that
provides overnight accommodations and
meals, up to a maximum of 12
guestrooms, and may also include
education, tourist opportunities and other
agritourism uses to experience organic
agriculture, but shall not include a Hotel
or Medical Clinic.
Ground Floor Area
Shall mean the maximum area of the
ground floor of a building measured to the
outside of all outside walls.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-615
Lot Coverage
Shall mean the percentage of the entire
lot located at and known municipally as
3355 Golf Club Road (as of November
23, 2022) covered by all new buildings,
structures, outdoor storage, landscaped
areas, Septic or Sewage Systems, berms,
laneways, and parking associated with an
Agri-tourism Retreat and Agritourism use,
but does not include laneways shared
between Agricultural uses and Agri-
tourism uses existing as of the date of this
by-law.
Septic or Sewage
Systems
Shall mean an onsite wastewater
treatment system that may include a
septic tank for primary treatment and a
trench or bed soil absorption system for
secondary treatment of wastewater, and
shall be constructed to the satisfaction of
the City.
b)
The following Secondary Use to Agriculture shall be permitted in
accordance with the regulations of Section 12.1.3.2:
Agri-tourism Retreat
c)
The following regulations shall apply to the use identified in b)
above:
i)
Maximum Gross Floor Area
3,000 square metres
ii)
Maximum Ground Floor Area
1,500 square metres
iii)
Maximum Lot Coverage
3.2%
iv)
Parking
Minimum parking
requirements of 1 space
per guest room.
(By-law No. 23-009-OLT, January 24, 2023)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-616
825. Within the lands zoned Community Institutional (I2) Zone, identified on Map
445 of Schedule "A" - Zoning Maps and described as 306 Parkside Drive,
the following special provisions shall apply:
a)
Notwithstanding Section 3: Definitions, as it relates to the definition
of Front Lot Line, for the purpose of this By-law, the front lot line is
deemed to be Parkside Drive.
b)
Notwithstanding the regulations of Section 5.1 d), as it relates to
location, required parking for Child Care Centre, Place of Worship,
Multiple Dwelling, and visitor parking for residential uses shall be
permitted to be located between the façade and the front lot line and
up to 75% shall be used for parking and access to such parking.
c)
Notwithstanding the regulations of Section 5.6 c), as it relates to a
Place of Worship and Child Care Centre, a minimum of 50 total
parking spaces shall be provided for a Place of Worship and Child
Care Centre.
d)
In addition to Subsection 8.2.1, a multiple dwelling shall also be
permitted in accordance with Section 8.2.3.1.
d)
Notwithstanding Section 8.2.3.1 c), as it relates to minimum required
yards, the following regulations shall apply for multiple dwellings:
i.
Minimum Side Yard
7.0 metres
Notwithstanding i) above,
the Minimum Side Yard
from
the
south-westerly
side lot lines measuring
18.62 metres, 17.74 metres
and 20.42 metres shall be
2.75 metres.
(By-law No. 23-025, February 22, 2023)
(By-law No. 25-155, August 06, 2025)
826. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4, 826), (TOC4, 632, 826) and (TOC4, 632, 826, 832) Zone, Modified,
identified on Map Nos. 1048, 1049, and 1094 of Schedule "A" - Zoning
Maps, and described as:
Property Address
Map Number
2411 Barton Street East
1094
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-617
2415 Barton Street East
1094
2425 Barton Street East
1094
2477 Barton Street East
1094
25 Arrowsmith Road
1048, 1094
26 Arrowsmith Road
1094
185 Bancroft Street
1048
247 Centennial Parkway North
1094
257 Centennial Parkway North
1094
258 Centennial Parkway North
1094
260 Centennial Parkway North
1094
265 Centennial Parkway North
1094
267 Centennial Parkway North
1094
282 Centennial Parkway North
1094
315 Centennial Parkway North
1094
333 Centennial Parkway North
1048, 1094
347 Centennial Parkway North
1048
350 Centennial Parkway North
1048, 1049, 1094
The following provisions shall apply:
a)
In addition to Section 11.4.1.1, a building containing the following
uses shall have a minimum setback of 70.0 metres from a lot line
abutting an Industrial Zone:
Child Care Centre
Dwelling Unit, Mixed Use
Long Term Care Facility
Retirement Home
Social Services Establishment
(By-law No. 26-049, March 04, 2026)
828. Within the lands zoned Neighbourhood Commercial (C2, 828) Zone and
District Commercial (C6, 828) Zone, identified on Map Nos. 870, 1450,
1452, 1499, 1501, 1912 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
1423 Upper Ottawa Street
1450
1439 Upper Ottawa Street
1450
1447 Upper Ottawa Street
1450
1453 Upper Ottawa Street
1450
1475 Upper Ottawa Street
1450
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-618
1515 Upper Ottawa Street
1499, 1450
1521-1527 Upper Ottawa Street
1499
1555 Upper Ottawa Street
1499
390 Victoria Avenue North
870, 1912
1725 Stone Church Road East
1452, 1501
140 Mud Street
1452, 1501
Part of Lots 33 & 34, Concession 7 1452, 1501
The following special provisions shall apply:
a)
Notwithstanding Sections 10.2.1 and 10.6.1, and in addition to
Sections 10.2.2 and 10.6.2, the following uses are prohibited even
as an accessory use:
Child Care Centre
Duplex Dwelling
Dwelling Unit, Mixed Use
Emergency Shelter
Lodging House
Long Term Care Facility
Mobile Home
Multiple Dwelling
Multiple Dwelling Townhouse
Residential Care Facility
Retirement Home
Semi-Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
(By-law No. 26-049, March 04, 2026)
830. Within the lands zoned Neighbourhood Commercial (C2, 830) Zone and
Community Commercial (C3, 830) Zone, identified on Map Nos. 912, 913,
1307 and 1308 of Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
119, 121 Shaw Street
912
286 Sanford Avenue North
913
777 Highway No. 8
1307, 1308
200 Jones Road
1307
The following special provision shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-619
a)
Notwithstanding Sections 10.2.3 f) and 10.3.3 f), the maximum
gross floor area for an existing Office building shall be permitted to
exceed 500 square metres.
(By-law No. 26-049, March 04, 2026)
831. Within the lands zoned Arterial Commercial (C7, 831) Zone, identified on
Map Nos. 1047, 1093, and 1094 on Schedule "A" - Zoning Maps and
described as:
Property Address
Map Number
279 Nash Road North
1047, 1093
2255 Barton Street East
1047, 1093
2371 Barton Street East
1094
The following special provisions shall apply:
a)
In addition to Section 10.7.1, Retail shall also be permitted in
accordance with Section 10.7.3.
b)
Notwithstanding a) above, Retail shall be limited to a food store.
(By-law No. 26-049, March 04, 2026)
832. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4, 826, 632, 832) Zone, identified on Map Nos. 1048 and 1094 of
Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
185 Bancroft Street
1048
25 Arrowsmith Drive
1048, 1094
The following special provisions shall apply:
a)
In addition to Section 11.4.1, the following uses shall also be
permitted in accordance with Section 11.4.3:
Transportation Depot
Transportation Terminal
b)
Notwithstanding Section 11.4.3 a), b) and c), the following regulation
shall apply to the uses permitted in Section a) above:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-620
i)
Minimum Setback from a Lot Line A)
15.0 metres
B)
Notwithstanding
clause A), 1.0
metre where
the side and/or
rear lot line
abuts an
Industrial Zone.
(By-law No. 26-049, March 04, 2026)
833. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 833) Zone, identified on Map No. 1934 of Schedule "A" - Zoning
Maps and described as 3033, 3047, 3055, 3063 Binbrook Road, Glanbrook
the following special provisions shall apply:
a)
Notwithstanding Section 5.2.1 b), where a wall, column, or any other
obstruction is located abutting or within any parking space within an
above ground or underground parking structure, the minimum width
of a parking space shall be increased by 0.25 metres for each side
which is obstructed by a wall, column, or other obstruction.
b)
In addition to Section 5.5 and notwithstanding Section 5.5.1a)iii) the
following regulations shall apply:
i)
A minimum of one loading space shall be required; and,
ii)
The location of loading doors and associated loading facilities
shall be subject to the following:
A)
Shall not be located closer than 1.5 metres to a side
or rear lot line and shall not be located closer than 7.5
metres to any street line.
c)
Notwithstanding Section 5.7.1 a) i. as it relates to a Dwelling Unit,
Mixed Use, where the total number of such units is 5 or greater, the
following regulations shall apply:
Column 1
Column 2
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-621
i. Residential Uses
Dwelling Unit, Mixed Use,
where the total number of
such units is 5 or greater
0.5 spaces per units for
residents, plus 0.1 visitor
parking spaces per unit
d)
Notwithstanding Section 5.7.1 a) iv), the following regulations shall
apply:
Column 1
Column 2
iv. Commercial Uses
All Commercial Uses
A minimum of 1 parking space
for each 17.0 square metres of
gross floor area which
accommodates such uses, for
that portion of a building that is
in excess of 450.0 square
metres.
e)
In addition to Section 10.5a.1.1, a Dwelling Unit, Mixed Use shall be
permitted in accordance with the following:
i)
The maximum number of Dwelling Units, Mixed Use shall be
134;
ii)
A minimum of 36.5 percent of the total number of Dwelling
Units, Mixed Use shall be two-bedroom Dwelling Units;
iii)
In addition to ii) above, all two-bedroom Dwelling Units,
Mixed Use shall have a Gross Floor Area of a minimum 62.6
square metres.
f)
In addition to Section 10.5a.3 a), and notwithstanding Section 4.6 a)
and e), and Sections 10.5a.3 b), c), d), h) x), and l) i)and ii), the
following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-622
i)
Minimum Building Setback from a
Street Line
A) 2.0 metres for the
second to fifth
storeys;
B) 6.0 metres for the
sixth storey;
C) Notwithstanding A)
and B) above,
balconies and
architectural
elements such as
sills, belt courses,
cornices, eaves or
gutters, pilasters,
and brickwork
framing the main
entrance may
encroach into the
required building
setback;
D) Notwithstanding C)
above, a maximum
of 2 balconies may
encroach into the
required 2.0 metre
building setback for
the second to fifth
storeys; and
E) Notwithstanding C)
above, balconies
on the sixth and
seventh storey may
encroach into the
required 6.0 metre
building setback a
distance of not
more than 4.0
metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-623
ii)
Minimum Rear Yard
38.0 metres
iii)
Minimum Side Yard
A) 3.0 metres, except:
1) 16.0 metres abutting
to the westerly side
lot line for the first to
third storeys;
2) 24.0 metres abutting
the westerly side lot
line for the fourth and
fifth storeys;
3) 27.5 metres to the
westerly side lot line
for the sixth and
seventh storeys;
4) 9.5 metres to the
easterly side lot line
for the fifth storey
and above.
5) Notwithstanding 1),
2)and 3) above,
balconies may
encroach into the
required westerly
side yard a
maximum of 1.3
metres;
6) Notwithstanding F)
above, balconies
may encroach into
the required easterly
side yard a
maximum of 1.5
metres for the first to
fourth storeys and a
maximum of 6.5
metres for the fifth
storey and above.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-624
iv)
Building Height
A) Minimum 4.2 metre
façade height for any
portion of abuilding along
a street line, except for
any building or portion of
a building which is listed
in the City of Hamilton's
Inventory of Buildings of
Architectural and / or
Historical Interest, or
listed in the Municipal
Heritage Register, or
designated under the
Ontario Heritage Act;
and
B) Maximum 26.0 metres
and seven storeys;
v)
Built Form for New Development
Section 10.5a.3 h) x) shall
not apply to any building or
any portion of a building
which is listed in the City of
Hamilton's Inventory of
Building of Architectural
and/or Historical Interest,
listed in the Municipal
Heritage Register, or
designated under the Ontario
Heritage Act.
vi)
Minimum Amenity Area for
Dwelling Unit, Mixed Use
A) An area of 6.0 square
metres for each dwelling
unit; and,
B) In addition to i), a rooftop
amenity area shall not be
permitted, except for
balconies for use by
individual dwelling units.
(By-law No. 26-049, March 04, 2026)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-625
834. Within the lands zoned District Commercial (C6, 834) Zone and Prestige
Business Park (M3, 834) Zone, identified on Map Nos. 1048 and 1049 of
Schedule "A" - Zoning Maps and described as:
Property Address
Map Number
502 Centennial Parkway North
1048, 1049
510 Centennial Parkway North
1048, 1049
512 Centennial Parkway North
1048, 1049
516 Centennial Parkway North
1048, 1049
518 Centennial Parkway North
1048, 1049
520 Centennial Parkway North
1048, 1049
524 Centennial Parkway North
1048, 1049
526 Centennial Parkway North
1048, 1049
528 Centennial Parkway North
1048, 1049
540 Centennial Parkway North
1048, 1049
544 Centennial Parkway North
1048, 1049
560 Centennial Parkway North
1048, 1049
The following special provisions shall apply:
a)
Notwithstanding Section 3 as it relates to the definition of "Lot", the
lands shall be considered one lot for the purposes of applying the
regulations of the Zoning By-law. Zoning regulations shall apply only
to the external lot lines of the overall lands, not the internal lot lines
resulting from any future severances.
b)
Notwithstanding Section 5.2.1 a), parking spaces sizes shall be a
minimum of 2.6 metres in width and 5.5 metres in length.
c)
In addition to Section 5.5, loading spaces provided for a Warehouse
be a minimum of 3.7 metres in width, a minimum of 10.5 metres in
length, and shall have a minimum vertical clearance of 3.9 metres.
d)
Notwithstanding Section 5.7.1 a) iv. as it relates to Retail, the
following regulations shall apply:
Column 1
Column 2
iv. Commercial Uses
Retail
A minimum of 1.0 parking
spaces for each 20.0 square
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-626
metres of Gross Floor Area
shall be required.
e)
Notwithstanding Sections 9.3.1 and 10.6.1, and in addition to
Sections 9.3.2 and 10.6.2, the following uses shall be prohibited
even as an accessory use:
Child Care Centre
Duplex Dwelling
Dwelling Unit, Mixed Use
Emergency Shelter
Lodging House
Long Term Care Facility
Mobile Home
Multiple Dwelling
Multiple Dwelling Townhouse
Residential Care Facility
Retirement Home
Semi-Detached Dwelling
Single Detached Dwelling
Street Townhouse Dwelling
Waste Processing Facility
Waste Transfer Facility
f)
Notwithstanding Section 9.3.3 g) and Section 10.6.3 a), b), c), d),
e), and f) and in addition to Section 9.3.3 and Section 10.6.3, the
following regulations shall apply:
i)
Building Setback from a
Street Line for all uses except
a Warehouse
A) Minimum 6.0 metres
from the Street Line
abutting Centennial
Parkway North.
B) Minimum 2.0 metres
from the Street Line
abutting Warrington
Street.
C) Minimum 14.0 metres
from the lot line
abutting South Service
Road for all buildings,
parking and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-627
landscaping required
by the By-law.
ii)
Building Setback from a Street
Line for a Warehouse
Minimum 50.0 metres
iii)
Building Height
Maximum 60.0 metres
iv)
Gross Floor Area for
Combined Office Uses
Maximum 4,000.0
square metres
v)
Gross Floor Area for
Individual Commercial Use
A) Maximum 18,600.0
square metres for one
Department Store;
and,
B) Maximum 10,000.0
square metres for all
other individual
Commercial uses.
vi)
Gross Floor Area for
Combined Commercial Uses
The combined
maximum Gross Floor
Area for the following
uses shall not exceed
34,142.0 square
metres:
Financial
Establishment
Personal Service
Repair Service
Restaurant
Retail
vii) Gross Floor Area for
Warehouse Use
A) 12,900.0 square
metres
B) Notwithstanding vii) A)
above, the maximum
ground floor area shall
be 3,500.0 square
metres.
(By-law No. 26-049, March 04, 2026)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-628
835. Within the lands zoned Low Density Residential (R1) Zone, identified on
Map 1785 of Schedule "A" - Zoning Maps and described as 91 and 95
Strathearne Place, the following special provisions shall apply:
a)
Notwithstanding Section 15.1.1, a Street Townhouse Dwelling shall
not be permitted.
(By-law No. 23-029, February 22, 2023)
836. Within the lands zoned Low Density Residential (R1) Zone, identified on
Map 1284 of Schedule "A" - Zoning Maps and described as 343
Springbrook Avenue, the following special provisions shall apply:
a)
Notwithstanding Section 15.1.1, a Street Townhouse Dwelling shall
not be permitted.
(By-law No. 23-022, February 22, 2023)
837. Within the lands zoned Neighborhood Commercial (C2, 837) Zone,
identified on Map Nos. 1364 of Schedule "A" - Zoning Maps and described
as:
Property Address
Map Number
Part of 1219 Highway No. 8
1364
1223 Highway No. 8
1364
1224 Highway No. 8
1364
1226 Highway No. 8
1364
1227 Highway No. 8
1364
1229 Highway No. 8
1364
1233 Highway No. 8
1364
1235 Highway No. 8
1364
1239 Highway No. 8
1364
1247 Highway No. 8
1364
1252 Highway No. 8
1364
1258 Highway No. 8
1364
1260 Highway No. 8
1364
1262 Highway No. 8
1364
1266 Highway No. 8
1364
1282 Highway No. 8
1364
1286 Highway No. 8
1364
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-629
1287 Highway No. 8
1364
1288 Highway No. 8
1364
1291 Highway No. 8
1364
1293 Highway No. 8
1364
The following special provision shall apply:
a)
In addition to Section 10.2.3 d), the minimum building height shall
be 7.5 metres.
(By-law No. 26-049, March 04, 2026)
838. Within the lands zoned Neighbourhood Commercial (C2, 838) Zone,
identified on Map No. 1307 of Schedule "A" - Zoning Maps and described
as 685 Highway No. 8, Stoney Creek, the following special provision shall
apply:
a)
In addition to Section 10.2.1, a Hotel shall be permitted in
accordance with the regulations of Section 10.2.3.
(By-law No. 26-049, March 04, 2026)
839. Within the lands zoned Business Park Support (M4, 839) Zone, identified
on Map No. 1548 of Schedule "A" - Zoning Maps and described as 1557
and 1565 Rymal Road East and 694 Pritchard Road, the following special
provision shall apply:
a)
Notwithstanding Sections 5 and 9.4.3 p), parking shall be a
minimum of 1 space for each 30.0 square metres of gross floor area.
(By-law No. 23-048, March 29, 2023)
842. Within the lands zoned Business Park Support (M4, 842) Zone, identified
on Map 1548 of Schedule "A" - Zoning Maps and described as 10 Trinity
Church Road, the following special provisions shall apply:
a)
Notwithstanding Section 9.4.3 a), 9.4.3 b) i), 9.4.3 j) i), 9.4.3 k) the
following shall apply:
i)
Minimum Lot Area
335.0 square metres
ii)
Minimum Yard Abutting a Street
0.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-630
iii)
Size and Location Restriction for
Supportive Commercial Uses
Shall not apply for a
Restaurant;
iv)
Landscaped Area and Planting Strip
Requirements
Shall not apply.
(NOT FINAL AND BINDING: By-law No. 23-093, May 24, 2023)
845. Within the lands zoned Low Density Residential - Small Lot (R1a) Zone,
identified on Map 950 of Schedule "A" - Zoning and described as 81
Chatham Street, the following special provisions shall apply:
a)
In addition to Section 3: Definitions, as it relates to the definitions of
"Landscaped Area" and "Landscaping" and notwithstanding Section
5.2 a) i), the following regulations shall apply:
i)
A required landscape strip may contain a retaining wall with
a maximum height of 0.6 metres along the easterly side yard;
ii)
A required landscape strip may contain a concrete pad and
associated fencing for the purposes of waste storage for a
maximum length of 4.6 metres along the easterly side yard;
and,
iii)
No landscape strip shall be required for a maximum length of
5.9 metres along the easterly side yard.
b)
Notwithstanding Section 5.2 i) and 5.5 the following special
provisions shall apply:
i)
The minimum aisle width for parking spaces with a 90° angle
shall be 5.49 metres.
ii)
Section 5.5 shall not apply.
c)
Notwithstanding Section 5.2 e) i) a), all parking spaces and
driveways shall be provided and maintained with permeable pavers.
d)
In addition to Section 15.2.1, a Multiple Dwelling with a maximum of
six dwelling units, subject to the requirements of Section 15.2.2.1,
shall also be permitted.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-631
e)
Notwithstanding Section 15.2.2.1 c), the following regulation shall
apply:
i)
Minimum Setback from
the Front Lot Line
1.3 metres
(NOT FINAL AND BINDING: By-law No. 23-096, May 24, 2023)
846. Within the lands zoned Downtown Central Business District (D1) Zone,
identified on Map Nos. 953 and 995 of Schedule "A" - Zoning Maps and
municipally described as 101 Hunter Street East, the following special
provisions shall apply:
a)
Notwithstanding Sections 6.0 c) i), ii), and iii) 2., 6.1.1.1 i) 1. B., 6.1.3
b) ii) and e), the following regulations shall apply:
a) Building Base
Façade Height
i)
A)
Notwithstanding
Figure
15
-
Schedule
"F"
Special
Figures,
a
minimum 1.3 metre
stepback at a height of
16.6 metres shall be
provided for the Hunter
Street
East
Building
Base Façade Height.
B)
Notwithstanding
Figure
15
-
Schedule
"F"
Special
Figures
a
minimum
1.5
metre
stepback at a height of
16.6 metres shall be
provided
for
the
Catharine Street South
Building Base Façade
Height.
C)
Notwithstanding
Figure
15
-
Schedule
"F"
Special
Figures,
no
minimum stepback shall
be required from the
hypotenuse of a daylight
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-632
triangle.
b) Stepbacks
i)
A minimum 9.5 metre stepback
shall be required for any portion
of a building exceeding 16.6
metres in height from the
northerly lot line.
ii)
A minimum 8.3 metre stepback
shall be required to an enclosed
balcony or 9.8 metres to a wall
without an enclosed balcony for
any
portion
of
a
building
exceeding 16.6 metres in height
from the easterly lot line.
c) Parking Facility
With the exception of an access
driveway to the parking facility, the
ground floor of the facility which faces
any street shall only be used for
permitted uses and bicycle parking
storage, other than parking.
d) Maximum
Building Height
190.2 metres above sea level or 92.5
metres, whichever is the lesser.
e) Maximum Lot
Coverage
91%
f)
Percentage of
Two and Three
Bedroom Units
A minimum of 16.8% of the Dwelling
Units shall be units with two or more
bedrooms and an additional minimum of
1.0% of the dwelling units shall be units
with three or more bedrooms.
(By-law No. 24-130, July 12, 2024)
847. Within the lands zoned Settlement Residential (S1) Zone, identified on Map
No. 143 of Schedule "A" - Zoning Maps and described as 127 Freelton
Road, Flamborough, the following special provisions shall apply:
a)
In addition to Section 12.3.1, a single detached dwelling shall only
be permitted in the principle building existing on the date of the
passing of this By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-633
(NOT FINAL AND BINDING: By-law No. 23-095, May 24, 2023)
848. Within the lands zoned Low Density Residential (R1) Zone, identified on
Map 1336 of Schedule "A" - Zoning Maps and described as 382
Southcote Road, the following special provisions shall apply:
a)
Notwithstanding Subsection 15.1.1, the following uses shall be
prohibited:
Duplex Dwelling
Semi-Detached Dwelling
Street Townhouse Dwelling"
b)
Notwithstanding Subsection 15.1.2.1 d), the following provision
shall apply:
i)
Minimum Side Yard
Setback
a)
1.2 metres;
b)
Notwithstanding b) i) a)
above, 4.5 metres shall be
provided from the side lot
line abutting 540 Gray
Court Drive.
(By-law No. 23-156, August 18, 2023)
849. Within the lands zoned Mixed Use Medium Density (C5, 849, H147)
Zone, identified on Map 1188 of Schedule "A" - Zoning Maps and
described as 1093 Fennell Avenue East, the following special provisions
shall apply:
a)
Notwithstanding Section 10.5.3 b), 10.5.3 c), 10.5.3 d) ii) and iii),
and in addition to 10.5.3 the following special provisions shall
apply:
i)
Minimum Rear Yard
1. 6.5 metres; and,
2. Notwithstanding 1.
above, for any
building greater than
9.0 metres in height,
50.0 metres shall be
provided.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-634
(By-law No. 23-146, August 18, 2023)
ii)
Minimum Interior Side
Yard
1. 4.5 metres; and,
2. Notwithstanding 1.
above, for any
building greater than
9.0 metres in height,
45.0 metres shall be
provided.
iii)
Building Height
Maximum 44.0 metres.
iv)
Minimum Gross Floor
Area for Commercial
Uses
2,030.0 square metres.
v)
Minimum Separation
Distance for Multiple
Dwellings
1. 5.25 metres
between end walls;
2. 10.0 metres
between front
façade and end
wall; and,
3. 20.0 metres
between front
façade and a
building greater than
9.0 metres in
height."
vi)
Minimum Building
Stepback from the
building base façade
above the 2nd storey
adjacent to a street
1. 3.0 metres; and,
2. Notwithstanding 1.
above, 0.0 metres
from a daylight
triangle.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-635
850. Within the lands zoned Low Density Residential (R1) Zone, identified on Map
1550 of Schedule "A" - Zoning Maps and described as 329 Highland Road
West, the following special provisions shall apply:
a)
Notwithstanding Section 4.3 b), private driveway(s) or condominium
road(s) are deemed to be a street(s), and parking and landscaping
are permitted within the street(s);
b)
Notwithstanding Section 4.8 f), an inground waste system or other
similar waste container shall be permitted to be erected prior to the
erection of the principal building or structure on the lot, within the
Condominium road;
c)
Notwithstanding Subsection 15.1.1, Street Townhouse Dwellings
uses shall be prohibited; and,
d)
Notwithstanding Subsection 15.1.2.1 b) the minimum setback from
a Side Lot Line shall be 0.9 metres on the non-garage side of a
Single Detached Dwelling.
(By-law No. 23-129, July 14, 2023)
851. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map 1259 of Schedule "A" - Zoning Maps and described as 1310
South Service Road, the following special provisions shall apply:
a)
In addition to Section 3: Definitions the following definition shall
also apply:
Live/Work Unit
Shall mean a dwelling unit where a
residence is permitted, and where a
commercial use may also be permitted
with a maximum size of 50 square
metres of gross floor area and which
shall be located on the ground floor.
Commercial uses in a Live/Work Unit
shall be limited to a personal service
shop, a professional office and a retail
store.
b)
Notwithstanding Section 4.6 d), 4.6 e), and 4.8.1.1 a), the following
special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-636
i)
A porch, deck or canopy may encroach into any required
yard to a maximum of 3.5 metres.
ii)
A balcony may encroach into any required yard to a
maximum of 2.0 metres.
iii)
The aggregate Gross Floor Area of all Accessory
Buildings shall not exceed 7.5% total lot coverage.
c)
Notwithstanding Section 5.1 a) v) a), 5.1 a) v) b), 5.7 a), and 5.7 c),
and in addition to 5.7 e), the following special provisions shall
apply:
i)
Surface
Parking Spaces
Shall not be located within 25.0
metres of a street line.
ii)
Long-term
Bicycle Parking
Minimum 0.25 Long-term
bicycle parking spaces per unit.
iii)
Short-term
Bicycle Parking
1.
Minimum 20 Short-term
bicycle parking spaces;
and,
2.
Shall be located on the lot
containing the use.
d)
In addition to Section 10.5.1, the following shall apply:
i)
Permitted Uses
Live/Work Unit
e)
Notwithstanding Section 10.5.1.1 i) 1., 10.5.3 a), 10.5.3 d) i),
10.5.3 d) ii), and 10.5.3 d) iii), and in addition to 10.5.3, the
following shall apply:
i)
Building Setback
from a Street Line
1.
Minimum 2.0 metres;
2.
Maximum 16.5 metres from
the northern property line;
and,
3.
Maximum 8.5 metres from
the western property line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-637
ii)
Building Height
1.
Maximum building height
shall be in accordance with
Figure 35 of Schedule F -
Special Figures of Zoning
By-law No. 05-200; and,
2.
Minimum 7.5 metre façade
height for any portion of a
building along a street line,
except that one section up to
12.0 metres in width may be
permitted a reduced height of
4.5 metres.
iii)
Parking Location
Minimum of 85% of all
vehicle parking spaces shall
be located within an
underground parking garage.
iv)
Minimum
Landscaped Area
40% of the total lot area.
v)
Outdoor Amenity
Area
Minimum 1,000 square metre
contiguous area setback at
least 25.0 metres from a
Street Line shall be provided.
vi)
Minimum Density
60 units per net hectare.
vii)
Maximum Density
310 units per net hectare.
(By-law No. 23-168, July 14, 2023)
852. Within the lands zoned Neighbourhood Commercial (C2) Zone, identified
on Map 1281 of Schedule "A" - Zoning Maps and described as 111 and
115 Fiddler's Green Road, the following special provisions shall apply:
a)
Notwithstanding Section 5.6 c) iv. as it relates to Medical Clinic, and
5.7 c) and 5.7 e), the following special provisions shall apply:
i) Maximum Gross Floor Area for
an Educational Establishment
and/or Child Care Centre
1 parking space per
20.0 square metres of
gross floor area shall
be required.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-638
ii)
Bicycle Parking
1.
Minimum
0.50
Long-term
bicycle
parking spaces per
unit; and,
2. Minimum 5 Short-
term bicycle parking
spaces.
b)
Notwithstanding Section 10.2.1, 10.2.1.1 ii) and 10.2.3 h) and in
addition to Section 10.2.1, 10.2.1.1, 10.2.2 and 10.2.3, the following
special provisions shall apply:
i)
The following uses shall also be permitted:
Multiple Dwelling
Street Townhouse Dwelling
ii)
The following uses shall also be prohibited:
Catering Service
Financial Establishment
Motor Vehicle Service Station
Repair Services
Restaurant
Retail
iii) Maximum Gross Floor Area
for commercial uses within
new standalone commercial
buildings on the lot
1. 500.0 square metres.
2. Section 1. above shall
not apply to any
buildings existing as of
July 11, 2914 and which
are converted to
commercial uses.
iv)
Within a building containing Dwelling Unit, Mixed Use, the
following uses shall be limited to the ground floor of a
building:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-639
Artist Studio
Child Care Centre
Commercial School
Emergency Shelter
Medical Clinic
Office
Personal Service
Social Services Establishment
Veterinary Service
v)
Minimum density
20 units per hectare
vi)
Maximum density
60 unit per hectare
vii)
The following regulations apply to Multiple Dwellings:
a) Building Setback
from a Street Line
1.
2.
3.
4.
Minimum 3.0 metres.
Maximum 4.5 metres,
except where a visibility
triangle is required for a
driveway access.
Notwithstanding Section
2. above, minimum 6.0
metres setback for that
portion of a building
providing an access
driveway to a garage.
Section 2. above shall not
apply for any portion of a
building that exceeds the
requirement of Section f)
2. below.
b) Minimum Lot Area
360.0 square metres.
c) Minimum Landscaped
Area for Multiple
Dwellings
10% of the lot area shall
be landscaped area.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-640
d) Minimum Amenity Area
for Multiple Dwellings
1.
2.
3.
4.
On a lot containing more
than 10 dwelling units, the
following Minimum
Amenity Area
requirements shall be
provided:
An area of 4.0 square
metres for each dwelling
unit less than 50 square
metres.
An area of 6.0 metres for
each dwelling unit more
than 50 square metres.
In addition to the definition
of Amenity Area, and
Amenity Area located
outdoors shall be
unobstructed and shall be
at or above the surface,
and exposed to light and
air and may include
balconies and patios.
In addition to the definition
of Amenity area, the
required Amenity Area
shall be provided
exclusively for the
residential component
and shall be functionally
separated from public
areas associated with any
commercial component.
viii)
The following regulations apply to Street Townhouse
Dwellings:
a) Minimum Lot Area Per
Unit
145.0 square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-641
b) Minimum Lot Width per
Unit
5.5 metres.
c) Setback from a Street
Line
1.
2.
3.
Minimum 3.0 metres.
Maximum 4.5 metres
except where a visibility
triangle is required for a
driveway access.
Notwithstanding 2. above,
minimum 6.0 metres for
that portion of a building
providing an access
driveway to a garage.
d) Minimum Side Yard
1.
2.
1.2 metres except for the
side yard related to the
common wall of the
dwelling unit, which shall
have a 0 metre side yard.
3.0 metres for a flankage
yard.
ix)
Section 10.2.1.1 shall not apply.
(By-law No. 23-130, July 14, 2023)
(By-law No. 24-137, July 12, 2024)
(By-law No. 25-155, August 06, 2025)
853. Within the lands zoned Mixed Use High Density (C4) Zone, identified on
Map Nos. 1094 and 1143 of Schedule "A" - Zoning Maps and described
as 200 Centennial Parkway North, the following special provisions shall
apply:
a)
Notwithstanding Section 5.1 a) ii) a), off-site parking for a multiple
dwelling is permitted within a zone in which a multiple dwelling is
not permitted.
b)
Notwithstanding Section 5.6 c), as it relates to a multiple dwelling a
minimum of 0.9 parking spaces per dwelling unit shall be required,
except where a dwelling unit is 50 square metres in gross floor
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-642
area or less, in which case, parking shall be provided at a rate of
0.3 parking spaces per dwelling unit. For all other uses parking
will be required in accordance with Section 5.6 c).
c)
Notwithstanding Sections 4.6 a), d) and e), 10.4.1.1 ii) 1., 10.4.3
a), b), c), d) ii) and iii), the following regulations shall apply:
a)
Finished Floor
Elevation
i)
The finished floor elevation of
any dwelling unit shall be a
minimum of 0 metres above
grade.
ii)
Notwithstanding a) i) above, a
finished floor elevation of any
dwelling unit facing Centennial
Parkway North shall be a
minimum of 0.9 metres above
grade.
b)
Maximum
Building Setback
from a Street
Line
i)
4.5 metres from a streetline,
except where a visibility triangle
is required for a driveway access
and shall not be required from
Barlake Avenue.
ii)
In addition to, b) i) above, the
following minimum setbacks shall
be provided:
A)
B)
4.7 metres from a street line
for any portion of the
building greater than 18.0
metres in height, for the
lands included in Block 1 of
Figure No. 32 of Schedule
"F" - Special Figures.
11.0 metres from a street
line for any portion of the
building greater than 18.0
metres in height, for the
lands included in Block 2 of
Figure No. 32 of Schedule
"F" - Special Figures.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-643
C)
13.7 metres from a street
line for any portion of the
building greater than 39.2
metres in height, for the
lands included in Block 2 of
Figure No. 32 of Schedule
"F" - Special Figures.
iii)
Parapets, terrace dividers,
privacy screens, guard rails and
elements associated with a
green roof or outdoor amenity
space shall be permitted to be
located within the minimum
required setback.
iv)
Balconies, balcony dividers and
other architectural elements may
encroach a maximum of 2.5
metres into the required yard
setback.
c)
Minimum Rear
Yard Setback
i)
10.5 metres.
ii)
In addition to, c) i) above, the
following additional setbacks
shall be provided:
A)
B)
22.5 metres for any portion
of the building exceeding
18.0 metres in height, for
the lands included in Block
4 of Figure No. 32 of
Schedule "F" - Special
Figures.
25.0 metres for any portion
of a building exceeding
39.2 metres in height, for
the lands included in Block
4 of Figure No. 32 of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-644
C)
Schedule "F" - Special
Figures.
13.5 metres for any portion
of the building exceeding
18.0 metres in height, for
the lands included in Block
5 of Figure No. 32 of
Schedule "F" - Special
Figures.
iii)
In addition to, Porches, steps,
balconies, walls or screens
dividing porches, terraces or
balconies and other architectural
elements may encroach a
maximum of 2.5 metres into the
required easterly rear yard
setbacks.
iv)
In addition to, Parapets, guard
rails and elements associated
with a green roof or outdoor
amenity space shall be permitted
to be located within the minimum
required easterly rear yard
setbacks.
d)
Minimum Interior
Side Yard
Setback
i)
7.5 metres.
ii)
In addition to, the following
additional setbacks shall be
provided:
A)
B)
21.0 metres setback from
the southerly side lot line.
In addition to, d) ii) A)
above, 34.0 metres for any
portion of the building
exceeding 18.0 metres in
height, for the lands
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-645
C)
D)
included in Block 3 of
Figure No. 32 of Schedule
"F" - Special Figures.
In addition to, d) ii) A) and
B) above, 40.0 metres for
any portion of a building
exceeding 27.0 metres in
height, for the lands
included in Block 3 of
Figure No. 32 of Schedule
"F" - Special Figures.
In addition to, d) ii) A), B)
and C) above, 46.0 metres
for any portion of a building
exceeding 36.2 metres in
height, for the lands
included in Block 3 of
Figure No. 32 of Schedule
"F" - Special Figures.
iii)
In addition to, d) ii) A) above,
porches, steps, balconies, walls
or screens dividing porches,
terraces or balconies and other
architectural elements located
within Block 2 of Figure No. 32 of
Schedule "F" - Special Figures
may encroach a maximum of 2.5
metres into the required
southerly side yard setback.
iv)
In addition to, d) ii) above,
parapets, guard rails, rooftop
terraces, terrace dividers,
elements associated with a
green roof or outdoor amenity
space located within Block 3 of
Figure No. 32 of Schedule "F" -
Special Figures shall be
permitted to be located within the
minimum required southerly side
yard setbacks.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-646
iii)
In addition to, d) ii) B, C, and D
above, balconies, balcony
dividers and other architectural
elements located within Block 3
of Figure No. 32 of Schedule "F"
- Special Figures may encroach
a maximum of 2.5 metres into
the required southerly side yard
setback.
e)
Building Height
i)
Maximum 40.0 metres.
ii)
In addition to, e) i) above, the
following maximum heights shall
apply:
A)
B)
Maximum 65.0 metre
building height for lands
included in Blocks 1, 2 and
3 of Figure No. 32 of
Schedule "F" - Special
Figures.
Maximum 55.0 metre
building height for lands
included in Block 4 of
Figure No. 32 of Schedule
"F" - Special Figures.
g)
Ground Floor
Commercial
A minimum of 50 percent of the
ground floor area facing
Centennial Parkway North shall
be comprised of commercial
uses.
h)
The lands zoned Mixed Use - High Density (C4, 853) Zone
shall be deemed to be one lot for the purpose of applying the
provisions of the By-law. Zoning provisions shall apply only
to the external lot lines of the overall lands, and not the
individual property boundaries of any lots created by
registration of Condominium Plan, Part Lot Control or
Consent.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-647
(By-law No. 23-151, August 18, 2023)
855. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1, 855) Zone, identified on Map Nos. 1289, 1290, 1342,
1343, 1394, 1395, 1445, of Schedule "A" - Zoning Maps and
described as:
Property Address
Map Number
1151 and 1171 Upper James Street
1290
1170 and 1180 Upper James Street
1290
1179, 1195, 1183 and 1187 Upper James Street
1290
1200 Upper James Street
1290
1224 Upper James Street
1290
1215, 1221, 1243 and 1245 Upper James Street
1290
1242, 1246 and 1250 Upper James Street
1290
1270, 1276 and 1286 Upper James Street and 3
Forest Street
1290 and 1289
1259 and 1265 Upper James Street
1290
1269, 1275, 1289 and 1317 Upper James Street
1290 and 1343
1341 Upper James Street and 15 Stone Church
Road East
1343
1290 and 1294 Upper James Street
1290 and 1289
1302, 1304, 1312 and 1316 Upper James Street
1290 and 1289
1350 Upper James Street
1290, 1343, 1289
and 1342
5 Rymal Road West
1394
20 Rymal Road West
1394
1632, 1638 and 1642 Upper James Street
1394
1660 and 1662 Upper James Street
1394
1666 and 1670 Upper James Street
1394 and 1445
1625, 1655, 1699, 1715, 1719 Upper James
Street and 4, 10 and 20 Bartlett Avenue
1394 and 1445
1709 Upper James Street
1445
1725 Upper James Street
1445
1739 Upper James Street
1445
1749 and 1755 Upper James Street
1445
The following special provisions shall apply:
a)
That in addition to Section 4.12 e) i) and notwithstanding Sections
11.1.3 a) ii), 11.1.3 d) i), and 11.1.3 g) ii) and iii), and in
accordance with subsection 34(10) of the Planning Act, R.S.O.,
1990, c.P.13, an addition or alteration to a use not permitted by
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-648
the by-law but existing at the date of the passing of the by-law
that increases the volume or size 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
passing of the by-law;
b)
That for additions to buildings existing at the date of passing of
this By-law, Sections 11.1.3 a) ii), 11.1.3 d) i) and 11.1.3 g) ii),
and iii) shall not apply, and the setback of the proposed addition
shall be closer to the Street Line than the existing building.
c)
For commercial development existing at the date of passing of
this By-law, Section 11.1.3 g) ii) and iii) shall not apply to new
commercial buildings subject to the following:
i)
The maximum Gross Floor Area of each building shall be
650.0 square metres; and,
ii)
Notwithstanding Section 11.1.3 d) i), the minimum building
height shall be 4.5 metres.
d)
An Existing Drive Through Facility shall be permitted to be
relocated in accordance with Special Figure 50 of Schedule "F"
- Special Figures to this By-law, subject to the following
requirements:
i)
A maximum of 4 Drive-Through Facilities shall be permitted
in Area 1;
ii)
A maximum of 2 Drive-Through Facilities shall be permitted
in Area 6; and,
iii)
All relocated Drive Through Facilities shall comply with
Section 4.25 - Drive Through Regulations.
e)
That for the lands located at 1739, 1749 and 1755 Upper James
Street, the following special provision shall also apply:
i)
That in addition to the requirements of Section 11.1.3, a
Motor Vehicle Dealership shall provide and maintain a
minimum 3.0 metre wide Planting Strip along the entire
southerly lot line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-649
(By-law No. 25-187, October 08, 2025)
(By-law No. 26-052, March 04, 2026)
856. Within the lands zoned Low Density Residential (R1, 856) Zone, identified
on Map Nos. 1255 and 1308 of Schedule "A" - Zoning Maps and described
as 860 and 884 Barton Street, Stoney Creek, the following special
provisions shall apply:
a)
Notwithstanding Section 4.35 the following regulations shall apply:
i)
Landscape Requirements
On lots containing a single
detached dwelling, semi-
detached dwelling, duplex
dwelling, or street townhouse
dwelling in all zones, a
minimum of 17% landscaped
area in the Front Yard shall
be provided and may include
steps.
a)
Notwithstanding Section 5.1 c) ii), iii) and vi) the following
regulations shall apply:
i)
Parking Location - Street
Townhouse Dwellings
A) A minimum width of 2.5
metres shall apply.
B) A driveway may be a
maximum 70% of the lot
width or 6.0 metres,
whichever is the lesser.
ii)
Finished Floor Level
A minimum of 0.15 metres
above grade shall apply
a)
Notwithstanding Section 15.1.2.3 a), b), c), f), and g), the following
regulations shall apply:
i)
Minimum Lot Area for
each Dwelling Unit
99.0 square metres
ii)
Minimum Unit Width for
each Dwelling Unit
4.5 metres
iii)
Minimum Setback from
the Front Lot Line
4.4 metres, except for 6.0
metres to an attached garage
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-650
iv)
Minimum Setback from
the Rear Lot Line
4.5 metres
v)
Maximum Building Height
12.0 metres
(By-law No. 23-193-OLT, August 2, 2023)
857. Within the lands zoned Low Density Residential (R1, 857) Zone, identified
on Map Nos. 1255 and 1308 of Schedule "A" - Zoning Maps and described
as 860 Barton Street, Stoney Creek, the following special provisions shall
apply:
a)
Notwithstanding Section 4.8.1. a) the following regulations shall
apply:
i)
Buildings Accessory to
Residential Uses
For buildings in existence
prior to the adoption of this
by-law, the aggregate Gross
Floor Area of all Accessory
Buildings shall not exceed 85
square metres or 7.5% total
lot coverage, whichever is the
lesser.
(By-law No. 23-193-OLT, August 2, 2023)
858. Within the lands zoned Mixed Use Medium Density (C5, 858) Zone,
identified on Map No. 994 of Schedule "A" and described as 299-307 John
Street South & 97 St. Joseph's Drive, the following special provisions shall
apply:
a)
That the front lot line shall be John Street South.
b)
Section 5.2 b) iii) shall not apply.
c)
Notwithstanding Section 5.2. i) the minimum two-way aisle width at
a 90-degree parking angle shall be 5.85 metres.
d)
Section 5.2.1 shall not apply to a yard abutting Charlton Avenue
East.
e)
In addition to the permitted uses outlined in Section 10.5.1, a Public
Parking Lot shall be included as a permitted use.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-651
f)
Notwithstanding Sections 4.6.e), 10.5.1.1(i)1., 10.5.3a)(i), 10.5.3b),
10.5.3d), and, 10.5.3i) the following regulations shall apply:
Minimum Setback
to a Street Line
0.0 metres, except 1.5 metres where a
building exceeds 139.00 MASL in height
Minimum Rear
Yard
0.9 metres
Maximum Balcony
Encroachment
A balcony may encroach into any required
yard to a maximum of 1.75 metres
Maximum Building
Height (Podium)
139.00 MASL
Maximum Building
Height (Towers)
192.00 MASL
Planting Strip
Requirements
Where a property line abuts a property lot
line within a Residential Zone or an
Institutional Zone and not a Laneway, a
minimum 1.0 metre wide Planting Strip
shall be provided and maintained.
g)
A minimum distance of 17.0 metres shall be provided and
maintained between each habitable portion of a building above
136.0 MASL.
h)
Notwithstanding Section 5.6, the following regulations shall apply:
Minimum Parking Rate
for Dwelling Units less
than 50.0 square metres
in gross floor area
0.3 spaces/unit
Minimum Parking Rate
for Dwelling Units
greater than 50.0
square metres in gross
floor area
0.3 spaces/unit for units 1 - 3
0.70 spaces/unit for units 4 - 14
0.85 spaces/unit for units 15 - 50
1.0 spaces/unit for units 51+
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-652
Minimum Parking Rate
for Commercial
0.0 spaces
Minimum Public Parking
Spaces Provided
66.0 spaces
(By-law No. 23-192-OLT, July 20, 2023)
859. Within the lands zoned Low Density Residential (R1) Zone, identified on
Map Nos. 1446 and 1447 of Schedule "A" - Zoning Maps and described
as 311 Rymal Road East, the following special provisions shall apply:
a)
Notwithstanding Section 4.6. d), Permitted Yard Encroachments,
the maximum projection of the existing porch of the single
detached dwelling into the front yard setback shall be 2.61 metres;
b)
Notwithstanding Section 4.8.1.1 a), Buildings Accessory to a
Single Detached Dwelling, the maximum Gross Floor Area of the
existing rear yard garage shall not exceed 55 square metres; and,
c)
Notwithstanding Section 5.1 b) ii) and iii) the existing driveway
width of 5.1 metres shall be permitted.
(By-law No. 23-152, August 18, 2023)
860. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone identified on Map No. 1175 of Schedule "A" - Zoning Maps and
described as 392, 398, 400, 402, 406, and 412 Wilson Street East and 15
Lorne Avenue, Ancaster, the following special provisions shall apply:
a)
Notwithstanding Section 3: Definitions, as it related to the definition
of Front Lot Line, for the purpose of the By-law, the front lot line is
deemed to be Wilson Street East.
b)
Notwithstanding Sections 4.8 f) and g) and 4.8.3 the following
regulations shall apply:
i)
An Accessory Building may be erected prior to the erection
of the principal building or structure on the lot.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-653
ii)
The maximum height of an accessory building shall be 8.0
metres.
iii)
The minimum setback of an accessory building to a lot line
shall be 1.25 metres.
iv)
The maximum gross floor area of an accessory building shall
be 115.0 square metres.
c)
Notwithstanding Sections 5.1 a) v) b), 5.2 a) and b) ii), 5.5 a) and
5.6 c) as it related to Multiple Dwelling and Commercial Uses the
following regulations shall apply:
i)
The minimum required number of designated barrier free
parking spaces shall be 1.5% of the total number of required
parking spaces.
ii)
The maximum parking ratio for residential uses within a
mixed use building shall be 1.88 spaces per dwelling unit.
iii)
The minimum parking ratio for commercial uses within a
mixed use building shall be 1 space per 30 square metres of
gross commercial floor area.
d)
Notwithstanding Sections 10.5a.3 a), b), c), d), h) vi, xi) and x), and
i), the following regulations shall apply:
i)
Minimum Front
Yard
a) 2.5 metres for a
structure 16.7 metres
in height.
b) 6.0 metres for a
structure 32 metres
in height.
ii)
Minimum Rear
Yard
56.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-654
iii)
Minimum Side
Yard Setback
a) 2.0 metres for an
exterior side yard
b) 2.5
metre
interior
side
yard,
for
a
structure four storeys
in height.
c) 5.0
metre
interior
side
yard,
for
a
structure
eight
storeys in height.
iv)
Maximum
Building Height
32.0 metres
v)
Built Form for
New Development
a) A minimum of 45% of
the
area
of
the
ground floor façade
facing the street shall
be
composed
of
doors and windows.
b) The first storey of
any
building
shall
have
a
maximum
height of 5.1 metres.
c) A minimum of one
principal
entrance
shall
be
provided
within
the
ground
floor façade fronting
any street.
vi)
Planting Strip
A planting strip with a
minimum width of 0.5
metre shall be provided
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-655
and maintained along
property lines which abut
Residential Zones.
(By-law 23-195-OLT, September 19, 2023)
861. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 861, H155) Zone, identified on Map No. 1124 and 1175 of Schedule
"A" and described as 442, 450, 454, and 462 Wilson Street East, the
following special provisions shall also apply:
a)
In addition to the uses permitted in Subsection 10.5a.1, a
Retirement Home shall also be permitted.
b)
Notwithstanding Subsection 10.5a.3 a) i), b), d), h) ix), h) x) the
following special provisions shall apply:
i)
Minimum building setback
from Rousseaux Street
a) 4.0 metres;
b) Notwithstanding a) above,
0 metres adjacent to the
northwest corner of the
Hypotenuse of the
Daylight Triangle; and,
c) Notwithstanding a) above,
8.6 metres adjacent to the
northeast corner of the
Hypotenuse of the
Daylight Triangle.
ii)
Minimum Rear Yard
a) 3.0 metres for all new
development.
b) Notwithstanding ii) a)
above, 1.0 metre shall be
required to the existing
building at 442 Wilson
Street.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-656
iv)
Maximum Building Height
a) 11 metres;
b) Notwithstanding a) above,
15 metres (237 metres
above sea level) for the
area shown as Block 1 on
Figure 33 of Schedule "F"
- Special Figures.
c) Notwithstanding a) above,
22 metres (244.00 metres
above sea level) for the
area shown as Block 2 on
Figure 33 of Schedule "F"
- Special Figures.
v)
Minimum Commercial
Gross Floor Area
450 square metres
vi)
Built Form for New
Development
Minimum 39% percent of the
area of the ground floor façade
shall be composed of doors and
windows.
(By-law No. 23-197-OLT, September 26, 2023)
862. Within the lands zoned Mixed Use Medium Density (C5) Zone on Map
No. 1195 of Schedule "A" - Zoning Maps and described as 95, 99, 103
and 105 Highway 8, the following special provisions shall apply:
a)
Notwithstanding Subsection 4.6 e), a balcony may encroach into
any required yard to a maximum of 1.5 metres.
b)
Notwithstanding Subsection 4.6 e), a balcony abutting a Street
Line may encroach into the required yard to a maximum of 2.0
metres.
c)
In addition to Section 10.5, the following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-657
i)
Underground garage ramps shall have a minimum required
rear yard setback of 7.0 metres.
d)
Notwithstanding Sections 10.5.3 a), b), c), and d) ii), iii), iv), A), B),
C), the following regulations shall apply:
i)
Building Setback from a
Street Line
1. A minimum setback of 3.0
metres;
2. A minimum setback of 5.0
metres for any portion of the
building exceeding a height of
30.5 metres; and,
3. A minimum setback of 8.0
metres for any portion of the
building exceeding a height of
33.8 metres.
4. A minimum setback of 11.0
metres for any portion of the
building exceeding a height of
37.1 metres.
5. A minimum setback of 14.97
metres for any portion of the
building exceeding a height of
41.1 metres.
ii)
Minimum Rear Yard
1. A minimum setback of 7.5
metres;
2. A minimum setback of 12
metres for any portion of the
building exceeding a height
of 12 metres;
3. A minimum setback of 15
metres for any portion of the
building exceeding a height
of 15 metres;
4. A minimum setback of 18
metres for any portion of the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-658
building exceeding a height
of 18 metres;
5. A minimum setback of 21
metres for any portion of the
building exceeding a height
of 21 metres;
6. A minimum setback of 24
metres for any portion of the
building exceeding a height
of 24 metres;
7. A minimum setback of 27
metres for any portion of the
building exceeding a height
of 27 metres;
8. A minimum setback of 30
metres for any portion of the
building exceeding a height
of 30.5 metres;
9. A minimum setback of 33
metres for any portion of the
building exceeding a height
of 33.8 metres;
10. A minimum setback of 37
metres for any portion of the
building exceeding a height
of 37.1 metres; and,
11. A minimum setback of 43.2
metres for any portion of the
building exceeding a height
of 41.1 metres.
iii)
Minimum Interior Side
Yard
1. A minimum setback of 3.0
metres to the portion of the
garage wall that protrudes
above the grade along the
western side of the subject
lands.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-659
2. A minimum setback of 14.7
metres for any portion of the
building that abuts a residential
lot containing a residential use.
iv) Building Height
1. Maximum 44 metres.
2. 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 40% of the
floor area of the 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
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-660
0.0 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 6.0
metres vertical
distance from the
uppermost point of the
building to the
uppermost point of the
rooftop enclosure.
(By-law No. 23-158, August 18, 2023)
863. In addition to Section 7.5 and notwithstanding Section 10.5.3, on those
lands zoned Conservation/Hazard (P5, 863) Zone and Mixed Use Medium
Density (C5, 863) Zone identified on Map Nos. 860 and 902 of Schedule
"A" - Zoning Maps, and described as 64 Hatt Street, Dundas, the following
special provision shall apply:
a)
The buildings existing on the date of passing of this By-law
shall be permitted and no further additions or expansions to
the existing buildings shall be permitted and the uses therein
shall be permitted in accordance with Sections 10.5.1,
10.5.1.1 and 10.5.2.
(By-law No. 25-138, July 16, 2025)
864. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Map No. 1340 of Schedule "A" - Zoning Maps
and described as 631 and 639 Rymal Road West, the following special
provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-661
a)
Notwithstanding Subsection 4.6 e), a balcony may encroach
into any required yard to a maximum of 1.5 metres.
b)
Notwithstanding Subsection 5.2 b) vi), the minimum parking
space size of not more than 16 required parking spaces
may have a width of 2.6 metres and a length of 5.5 metres,
provided that any such parking space is clearly identified as
being reserved for the parking of small cars only.
c)
Section 11.3.1.1 i) 1. shall not apply.
d)
Notwithstanding Subsections 11.3.2 a) i), c), and e) ii) and
iii), the following regulations shall apply:
i)
Building Setback from a
Street Line
Minimum 0.5 metres;
ii)
Minimum Interior Side
Yard
1.6 metres to the portion of
the parking structure located
above grade;
5.5 metres to the 1st, 2nd, 3rd
and 4th storeys;
13.6 metres for the 5th, 6th
and 7th storeys;
20.5 metres for the 8th storey;
25.0 metres for the 9th and
10th storeys;
26.6 metres for the 11th
storey; and,
29.3 metres for the 12th
storey;
iii)
Building Height
a) Maximum 40.0 metres.
(By-law No. 23-153, August 18, 2023)
(By-law No. 24-137, July 12, 2024)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-662
865. Within the lands zoned Low Density Residential (R1a) Zone, identified on
Map Nos. 1446 and 1447 of Schedule "A" - Zoning Maps and described
as 311 Rymal Road East, the following special provisions shall apply:
a)
Notwithstanding Section 4.35. a), Landscape Requirements, the
Minimum Landscaped Area in the Front Yard for shall be 44% for
Block 3, Special Figure
b)
Notwithstanding Section 4.6. d), Permitted Yard Encroachments, a
porch, deck or canopy may encroach into any required yard to a
maximum of 1.6 metres;
c)
Notwithstanding Section 15.2.2.2 b), Semi-Detached Dwelling
Regulations, the Minimum Lot width for each Dwelling Unit shall be
5.6 metres for Block 3, Special Figure 34;
d)
Notwithstanding Section 15.2.2.2 c), Semi-Detached Dwelling
Regulations, the Minimum Setback from the Front Lot Line shall be
6.0 metres.
(By-law No. 23-152, August 18, 2023)
866. Within the lands zoned Low Density Residential - Small Lot (R1a) Zone,
identified on Map No. 1639 of Schedule "A" - Zoning Maps and described
as 2080 Rymal Road East, the following special provisions shall apply:
a)
Notwithstanding Sections 15.2.2.3 a), b), and f), the following
regulations shall apply:
a) Minimum Lot Area
for each Dwelling
Unit
160 square metres;
b) Minimum Unit Width
for each Dwelling
Unit
5.7 metres;
c) Minimum Setback
from the Rear Lot
Line
7.4 metres
(By-law No. 23-218, November 22, 2023)
867. Within the lands zoned Low Density Residential - Small Lot (R1a, 867)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-663
Zone, identified on Maps 1932 and 1933 of Schedule "A" - Zoning Maps
and described as 3479 Binbrook Road, the following special provisions
shall apply:
a)
Notwithstanding Sections 15.2.2.1 a), d), e), f), g), and h), the
regulations shall apply:
a)
Minimum Lot Area
235 square metres
d)
Minimum Setback
from a Side Lot Line
1.2 metres on one side and
0.6 metres on the other
e)
Minimum Setback
from a Flankage Lot
Line
2.4 metres
f)
Minimum Setback
from the Rear Lot
Line
7 metres
g)
Maximum Building
Height
12.5 metres
h)
Parking
Notwithstanding 5.2 b) ii), a
parking space shall be a
minimum 2.7 metres in width
and 5.8 metres in length.
(By-law No. 23-149, August 18, 2023)
868. Within the lands zoned Low Density Residential - Small Lot (R1a, 868)
Zone, identified on Maps 1932, 1933 and 1955 of Schedule "A" - Zoning
Maps and described as 3479 Binbrook Road, the following special
provisions shall apply:
a)
Notwithstanding Sections 15.2.2.2 a), b), e), f), g), and h), the
regulations shall apply:
a)
Minimum Lot Area
185 square metres
b)
Minimum Lot Width
6.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-664
e)
Minimum
Setback
from a Flankage lot
Line
2.4 metres
f)
Minimum
Setback
from the Rear Lot Line
7 metres
g)
Maximum Building
Height
12.5 metres
h)
Parking
Notwithstanding 5.2 b) i), a
parking space shall be a
minimum 2.7 metres in width
and 5.8 metres in length.
(By-law No. 23-149, August 18, 2023)
869. Within the lands zoned Low Density Residential - Small Lot (R1a, 868)
Zone, identified on Maps 1910, 1932, and 1933 of Schedule "A" - Zoning
Maps and described as 3479 Binbrook Road, the following special
provisions shall apply:
a)
Notwithstanding Sections 15.2.2.3 a), e), f), g), and h), the
regulations shall apply:
a)
Minimum Lot Area
150 square metres
e)
Minimum
Setback
from a Flankage lot
Line
2.4 metres
f)
Minimum
Setback
from the Rear Lot Line
7 metres
g)
Maximum Building
Height
12.5 metres
h)
Parking
Notwithstanding 5.2 b) i), a
parking space shall be a
minimum 2.7 metres in width
and 5.8 metres in length.
(By-law No. 23-149, August 18, 2023)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-665
870. Within the lands zoned Low Density Residential (R1) Zone, identified on
Map 1551 of Schedule "A" - Zoning Maps and described as 82 Carlson
Street, the following special provisions shall apply:
a)
Notwithstanding Subsection 15.1.1, the following use shall be
prohibited:
Street Townhouse Dwelling
b)
Notwithstanding Section 15.1.2.1 a), c), d) and f), the following
shall apply to Single Detached Dwellings:
i)
Minimum Lot Area
300.0 square metres;
ii)
Minimum Setback from
4.5 metres, except 6.0
the Front Lot Line
metres to an attached
garage;
iii)
Minimum Setback from a
1.2 metres on one
Side Lot Line side and 0.6 metres
on the other side,
provided;
(a) that a maintenance
easement is entered into
between the owners of
the abutting lands and
properly registered on title
of each of the abutting
lots; and,
(b) that the abutting lands
are located in the same
zone.
iv)
Minimum Setback from
7.0 metres;
the Rear Lot Line
c)
Notwithstanding 15.1.2.2 a), c) and f), the following shall apply to
Semi-Detached Dwellings:
i)
Minimum Lot Area for
255 square metres;
each Dwelling Unit
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-666
ii)
Minimum Setback from
4.5 metres, except
the Front Lot Line 6.0 metres to an attached
garage;
iii)
Minimum Setback from
7.0 metres;
the Rear Lot Line
(By-law No. 23-179, September 27, 2023)
871. Within the lands zoned District Commercial (C6) Zone, identified on Map
No. 1711 of Schedule "A" - Zoning Maps and described as 3011
Homestead Drive, Glanbrook, the following special provisions shall apply:
a)
In addition to Section 3: Definitions, the following definition shall
apply:
Self-Storage Facility
Shall mean the use of
buildings or structures, or
part thereof, for the storage
of items that are enclosed in
individual storage units for a
fee.
b)
Section 5.2 h) shall not apply.
c)
In addition to Section 5.6 c), the following shall apply:
i) if two or more permitted uses are located on the lot, parking
shall be provided at a minimum quantity of 1 space per 50.0
square metres of gross floor area, and;
ii) a Self-Storage Facility shall require parking at a rate of 1 space
per 30.0 square metres of gross floor area for the Office portion
of such use only.
d)
In addition to Subsection 10.6.1, the following uses shall be
permitted in accordance with the regulations of Subsection 10.6.3
and Section e) below:
i.
Contractor's Establishment
ii.
Computer, Electronic and Data Processing Establishment
iii.
Planned Business Centre
iv.
Production Studio
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-667
v.
Research and Development Establishment
vi.
Self-Storage Facility
vii.
Surveying, Engineering, Planning or Design Business
viii.
Trade School
ix.
Tradesperson's Shop
e)
Notwithstanding Subsection 10.6.3 a) i), ii), b) i), and c) ii), the
following regulations shall apply:
i)
Building Setback
from a Street Line
except where a
visibility triangle is
required for a
driveway access
A.
B.
Minimum 3.0 metres to the lot line
abutting Homestead Drive, and;
Minimum 1.5 metres to the lot line
abutting Upper James Street.
ii)
Minimum Rear
Yard
1.5 metres
iii)
Minimum Interior
Side Yard
A.
B.
4.0 metres abutting a Residential
or Institutional Zone or lot
containing a residential use
Notwithstanding iii) A. above, a
minimum 2.0 metres shall be
required for the interior side yard
abutting the property to the
south.
(By-law No. 17-240-OLT-06, May 22, 2024)
872. Within the lands zoned Settlement Residential (S1, 872, H160) Zone,
identified on Map 143 of Schedule "A" - Zoning Maps and described as
12 Louisa Street, Flamborough the following special provisions shall
apply:
a)
Notwithstanding Section 12.3.3 (a), the following regulation shall
apply:
i)
Minimum Lot Area
0.2 hectares
(By-law No. 23-204, October 25, 2023)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-668
873. Within the lands zoned Conservation/Hazard Land (P5P Zone on Map
Nos. 787 and 827 of Schedule "A" - Zoning Maps and described as 65
Guise Street East, Hamilton the following special provisions shall apply:
a)
Section 5.1.a) ii) a) shall not apply.
b)
In addition to Section 7.5.1 the following uses shall also be
permitted in accordance Section c) below:
Parking Lot; and,
Commercial Parking Facility.
c)
The following provisions shall apply for uses listed in b) above:
i)
Restriction of Uses
The uses permitted in
Section a) above, shall only
be permitted underground.
ii)
Minimum Distance of
a Parking Gate from a
Street Line
7.0 metres.
iii)
Minimum Distance of
on and off Ramps
from a Street Line
7.0 metres.
(By-law No. 23-187, October 11, 2023)
874. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Map 1395 of Schedule "A" - Zoning Maps and
described as 81 and 87 Rymal Road East, the following provisions shall
apply:
a)
Notwithstanding Sections 11.3.1.1 i) 1., 11.3.2 e) ii), 11.3.2 e) iii),
11.3.2 f) v) and 4.9 a) the following regulations shall apply:
i)
Restriction of Uses
Within a Building
The finished floor elevation of
any dwelling shall be a
minimum of 0.25 metres
above grade.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-669
ii)
Building Height
1.
2.
3.
Maximum 26.5 metres.
Minimum 10.3 metres.
Notwithstanding 1. above,
any building height above
11.0 metres may be
equivalently increased as
the yard increases beyond
the minimum yard
requirement established in
subsection iii) and v)
below, when abutting a
Residential of Institutional
Zone, to a maximum of
26.5 metres.
iii)
Minimum Interior
Side Yard
1.
2.
3.
3.0 metres.
Notwithstanding 1. above,
7.5 metres shall be
required for any building
exceeding 11.0 metres in
height.
Notwithstanding 1. and 2.
above, a Minimum Interior
Side Yard shall not be
required for any portion of
a property line abutting a
Mixed Use Medium
Density (C5) Zone.
iv)
Built Form for
Development
Maximum of one 7.5 metre
wide driveway shall be
permitted for ingress and
egress.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-670
v)
Rear Yard
Minimum 4.5 metres.
vi)
Mechanical and
Unitary Equipment
Shall be located within a
required front yard, provided
such equipment shall have a
minimum setback of 1.0 metre
from the street line, a
minimum setback of 0.6
metres from a side lot line and
is screened from the street by
an enclosure or landscaping.
(By-law No. 24-053, April 10, 2024)
875. Within the lands zoned Transit Oriented Corridor Local Commercial
(TOC2) Zone, identified on Map 827 of Schedule "A" - Zoning Maps and
described as 527 James Street North, the following special provisions
shall apply:
a)
Notwithstanding Section 11.2.3 a) and c) the following special
provisions shall apply:
i)
Minimum Building
Setback from a Street
Line
0.0 metres;
ii) Minimum Interior Side
Yard
0.0 metres;
(By-law No. 23-203, October 25, 2023)
876. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map Nos. 1178 and 1179 of Schedule "A" - Zoning Maps and described
as 1225 Old Golf Links Road, Ancaster, the following special
provisions shall apply:
a)
Notwithstanding Section 4.23 e) as it relates to the setback from the
Lincoln Alexander Parkway, a minimum setback of 1.0 metre from
the Lincoln Alexander Parkway right-of-way, excluding access
ramps.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-671
b)
Notwithstanding Section 10.5.3 b), 10.5.3 d) ii), and 10.5.3 g) vii) 1.
the following special provisions shall apply:
i)
Minimum Rear
Yard Setback
1.0 metre
ii)
Maximum Height
18.8 metres
iii)
Principal Entrance
A principal entrance
shall be permitted to
face westerly and
include a direct
connection to the
street.
(By-law No. 23-224-OLT-01, November 22, 2023)
877. Within the lands zoned Mixed Use Medium Density (C5, 877) Zone on Map
No. 1195 of Schedule "A" - Zoning Maps and described as 851 Lawrence
Road, the following special provisions shall apply:
a)
Notwithstanding Section 3, as it relates to the definition of Front Lot
Line,
i)
For the purposes of Special Exception 877, Lawrence Road
shall be deemed the Front Lot Line.
b)
Notwithstanding Section 4.6 e), a balcony may encroach into any
required yard to a maximum of 1.8 metres.
c)
Notwithstanding Section 5.6 c) and 5.6 e) as it relates to Multiple
Dwellings and Dwellings Unit(s), the following parking shall be
required:
i)
A minimum of 1.1 spaces per unit.
d)
Notwithstanding Section 10.5.1.1 i) 1. dwelling units that do not face
a street shall be permitted at grade.
e)
In addition to Section 10.5.3, and notwithstanding Sections 10.5.3
a) ii), 10.5.3 d i), 10.5.3 d ii), and 10.5.3 d iii), the following
regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-672
i)
Building Setback from a
Street Line
Maximum setback of 7.9
metres;
ii)
Setback Between
Buildings
Minimum setback of 3 metres
from any building, excluding
underground
parking
structures, existing on the
date of the passing of this By-
law;
iii)
Building Height
1.
Minimum
10.3
metre
façade height along the
street.
2.
Maximum
building
height
shall
be
in
accordance with Figure
37 of Schedule F -
Special Figures.
f)
In addition to 10.5.3 i) a 3.0 metre wide Planting Strip shall be
required along the westerly side lot line.
(By-law No. 23-202, October 25, 2023)
878. Within the lands zoned Arterial Commercial (C7) Zone, identified on Map
Nos. 1499 and 1546 of Schedule "A" - Zoning Maps and described as
1280 Rymal Road East and 385 Nebo Road, Hamilton, the following
special provisions shall apply:
a)
Notwithstanding Section 4.25 c) ii), a Drive Through stacking lane
may be permitted between buildings and the Rymal Road East
street line and the Nebo Road street line.
b)
Notwithstanding Section 5.2 h) i) and ii), the following regulations
shall apply:
i)
Landscaped Area(s) and Landscaped Parking Island(s) with
a minimum combined area of 3% of the area of the parking
lot and associated access driveway and manoeuvring areas
shall be provided and maintained.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-673
ii)
Each Landscaped Area and Landscaped Parking Island
shall have a minimum area od 8 square metres.
c)
In addition to Section 10.7.1 and notwithstanding Section 10.7.3 a)
and 10.7.4 d), the following regulations shall apply:
i)
Permitted Uses
Financial Establishment
Medical Clinic
Office
Personal Service
Retail
ii)
Minimum
Building
Setback to a
Street Line
8.0 metres;
iii)
Maximum Fross
Floor Area for
Retail
11,000 square metres;
iv)
Maximum Gross
Floor Area for
Accessory
Retail uses to a
Motor Vehicle
Gas Bar
250 square metres;
v)
Landscaped
Area and
Planting Strip
Requirements
1. Minimum 6.0 metre wide
Landscaped Area shall be
provided and maintained abutting a
street, except for points of ingress
and egress;
2. 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;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-674
3. Where a property lot line abuts a
property lot line within a
Residential Zone, a minimum 3.0
metre wide Planting Strip shall be
provided and maintained.
(By-law No. 23-209, November 08, 2023)
879. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Map No. 1184 of Schedule "A" - Zoning Maps
and described as 150 Mohawk Road East, Hamilton the following special
provisions shall apply:
a)
In addition to Section 4.6, the following regulations shall apply:
i)
A stairwell to a parking garage may encroach into a
required rear yard to a maximum of 3.0 metres.
b)
Notwithstanding Section 5.1 a) v), the regulation shall not apply.
c)
Notwithstanding Section 5.2 a) i), the following regulations shall
apply:
i)
A minimum 1.1 metre wide landscape strip which shall
contain a visual barrier in accordance with Section 4.19 of
this By-law.
d)
Notwithstanding Section 5.2 h), the regulation shall not apply.
e)
Notwithstanding Section 11.3.2, the following regulation shall
apply:
i)
The 12 storey Multiple Dwelling existing at the date of
passing of this by-law shall be deemed to conform.
f)
Notwithstanding Sections 11.3.2 a) i), 11.3.2 b), 11.3.2 c), 11.3.2
e), 11.3.2 f) iii), 11.3.2 f) iv), and 11.3.2 f) v), the following
regulations shall apply:
i)
Building
Setback from a
Street Line
Minimum 2.5 metres, except
13.5 metres for a portion of
a building greater than 13.5
metres in height.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-675
ii)
Minimum Rear
Yard
5.0 metres, except 16.0
metres for a portion of a
building greater than 8.0
metres in height and 30.0
metres for a portion of a
building greater than 13.5
metres in height and 2.0
metres for a stairwell.
iii)
Minimum
Interior Side
Yard
7.5 metres, except 32.0
metres for a portion of a
building greater than 8.0
metres in height and 3.0
metres for a stairwell.
iv)
Maximum
Building Height
36.0 metres.
(By-law No. 24-108, June 26, 2024)
880. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3, 880) Zone, identified on Map No. 1309 and 1310 of Schedule "A"
- Zoning Maps and described as 262 McNeilly Road, 1036, 1038, 1054 and
1090 Barton Street, the following special provisions shall apply:
a)
The lands zoned Transit Oriented Corridor Multiple Residential
(TOC3, 880) Zone shall be deemed to be one lot for the purposes
of applying the provisions of the By-law. Zoning provisions shall
apply only to the external lot lines of the overall lands, and not the
individual property boundaries of any lots created by registration of
Condominium Plan, Part Lot Control or Consent.
b)
Notwithstanding Section 3: Definitions as it relates to the definition
of "Front Lot Line", for the purpose of this By-law, the lot line abutting
Barton Street shall be deemed to be the front lot line.
c)
No direct vehicle access shall be provided to individual townhouse
or maisonette dwelling units from a public right-of-way with the
exception of a private road.
d)
Notwithstanding Section 4.23 d), all buildings or structures located
on a property shall have a minimum setback of 1.2 metres from a
P5 Zone boundary.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-676
e)
Section 4.35 shall not apply.
f)
Notwithstanding Section 5.1 d) i), required parking for multiple
dwellings shall not be located between the facade and the front lot
line. In no case shall any parking be located within the required front
yard.
g)
Section 5.6 e) shall not apply.
h)
Notwithstanding the regulations of Paragraphs (d), (e) and (f) of
Subsection 4.6 "Permitted Yard Encroachments", the following
encroachments shall be permitted:
i)
A porch, deck or canopy may encroach into any required
front yard a maximum of 2.0 metres or into a required rear
yard to a maximum of 3.0 metres.
ii)
Balconies may project into a required front yard a distance
of not more than 2.0 metres and may project into a required
rear yard a distance of not more than 3.0 metres.
iii)
A bay window or alcove, without foundation, may encroach
into any required yard to a maximum of 0.9 metres. No such
feature shall have a width greater than 3.0 metres.
i)
Notwithstanding Sections 11.3.1.1, 11.3.2 and 11.3.3, the following
shall apply:
i)
Minimum Density
60 units per net hectare
ii)
Maximum Density
75 units per net hectare
iii)
Minimum Lot Area
Shall not apply
iv)
Minimum Front
Yard Setback
2.0 metres
v)
Building Setback
from a Street Line
1.2
metres;
any
dwelling located at the
intersection of two or
more
roads
will
be
permitted a minimum
yard to a hypotenuse of
a daylight triangle of 0.5
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-677
metres to a building and
0.3
metres
to
an
unenclosed porch or
deck.
vi)
Minimum Side Yard
1.2 metres
vii)
Minimum Rear Yard
6.0 metres
viii)
Minimum width of a
Townhouse Unit
4.8 metres
ix)
Minimum
Landscaped Area
10% of the lot area
x)
Minimum Amenity
area for Dwelling
Units
5.0 square metres per
unit,
in
which
the
amenity area shall be
provided on attached
balcony, privacy area
adjacent
to
the
dwelling,
or
rooftop
amenity area.
xi)
Minimum Building Height
11 metres
xii)
Maximum Building Height
15 metres
(By-law No. 24-095-OLT, March 26, 2024)
881. Within the lands zoned Mixed Use Medium Density (C5, 881) Zone on
Map No. 1195 of Schedule "A" - Zoning Maps and described as 851
Lawrence Road and 2030 King Street East, the following special
provisions shall apply:
a)
Notwithstanding any other provisions of this By-law, development
existing at the date of passing of this by-law shall be deemed to
comply.
b)
Notwithstanding Section 5.6 c) and 5.6 e) as it relates to Multiple
Dwellings and Dwellings Unit(s), the following parking shall be
required:
i)
A minimum of 1.1 spaces per unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-678
(By-law No. 23-202, October 25, 2023)
882. Within the lands zoned Low Density Residential (R1, 882) Zone, identified
on Map 1309 and 1310 on Schedule "A" - Zoning Maps and described as
262 McNeilly Road, 1036, 1038, 1054 and 1090 Barton Street, the
following special provision shall apply:
a)
Notwithstanding Section 4.23 d), all buildings or structures located
on a property shall have a minimum setback of 1.2 metres from a
P5 Zone boundary.
b)
Notwithstanding Section 4.35, the entire yard areas shall be
landscaped area other than a driveway, an encroachment or an
accessory building permitted by this by-law.
c)
Notwithstanding the regulations of Paragraphs (a), (b), (c), (d), (e)
and (f) of Subsection 4.6 "Permitted Yard Encroachments", the
following encroachments shall be permitted:
i)
The usual projections of window sills, chimney breasts, belt
courses, cornices, eaves, troughs and other similar
architectural features, ductwork, venting and other similar
appurtenances maybe permitted in any required front yard,
rear yard, flankage yard, or side yard 1.2 metres wide or
greater, provided that no such feature shall project more than
0.6 metres into the required yard, or to a maximum of half the
distance of the required yard, whichever is the lesser.
ii)
Eaves, troughs or gutters may project into a required side
yard a distance of not more than 0.55 metres.
iii)
A fire escape or exterior staircase may encroach into a
required rear yard to a maximum if 1.5 metres, or to a
maximum of half the distance of the required rear yard,
whichever is the lesser.
iv)
An unenclosed ramp for wheelchair access may encroach
into any required yard, except a required side yard, to no
maximum distance.
v)
A porch, deck or canopy may encroach into any required
front yard or rear yard to a maximum of 3.0 metres.
vi)
Balconies may project into a required front yard a distance
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-679
of not more than 2.0 metres and may project into a required
rear yard a distance of not more than 3.0 metres.
vii)
A bay window or alcove, without foundation, may encroach
into any required yard, except a required side yard, to a
maximum of 0.9 metres. No such feature shall have a width
greater than 3.0 metres.
d)
Notwithstanding Sections 15.1.2.1 a), b), c), d), e), f) and g), the
following special provisions shall apply to "Single Detached
Dwelling:
i)
Minimum Lot Area
270.0 square metres
ii)
Minimum Lot Width
10.0 metres
iii)
Minimum Setback
from the Front Lot
Line
4.5 metres to the dwelling,
except 6.0 metres to an
attached garage.
iv)
Minimum Setback
from a Side Lot Line
i)
1.2 metres on one
side and 0.6 metres
on the other side
provided
that
the
combined
total
for
each interior lot is 1.8
metres.
ii)
0.6
metres
for
a
corner
lot
abutting
another
interior
lot
with a side yard of 0.6
metres or 1.2 metres,
for a minimum total of
1.2 metres between
buildings.
iii) Minimum yard to the
hypotenuse
of
the
daylight triangle of 0.5
metres for a building;
0.3 metres for an
unenclosed
porch
and deck.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-680
v)
Minimum Setback
from a Flankage
Lot Line
2.4 metres
vi)
Minimum Setback
from a Rear Lot Line
7.0 metres
vii)
Maximum Building
Height
13.5 metres
e)
Notwithstanding Section 15.1.2.3 a), c), d), e), f) and g), the
following special provision shall apply to "Street Townhouse
Dwelling":
i)
Minimum Lot Area
160.0 square metres for
each dwelling unit
ii)
Minimum Setback
from the Front Lot
Line
4.5 metres to the dwelling,
except 6.0 metres to an
attached garage.
iii)
Minimum Setback
from a Side Lot Line
i)
1.2 metres except for
the side yard related to
the common wall of
the street townhouse
dwelling unit, in which
case a minimum 0.0
metre side yard shall
be permitted.
ii) Minimum yard to the
hypotenuse
of
the
daylight triangle of 0.5
metres for a building;
0.3 metres for an
unenclosed porch and
deck.
iv)
Minimum Setback
from a Flankage
Lot Line
2.4 metres
v)
Minimum Setback
6.0 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-681
from a Rear Lot
Line
vi)
Maximum Building
Height
13.5 metres
(By-law No. 24-095-OLT, March 26, 2024)
883. Within the lands zoned Low Density Residential (R1, 883) Zone, identified
on Map 1309 and 1310 on Schedule "A" - Zoning Maps and described as
262 McNeilly Road, 1036, 1038, 1054 and 1090 Barton Street, the
following special provisions shall apply:
a)
In addition to Section 3: Definitions the following shall be added to
the definition of "Lot Width":
Provided, however, in the case of a corner lot where a daylight
triangle or a radius has been established, the lot width is to be
determined by measuring along the front lot line after the side lot
line and the front lot line have been extended to the point of
intersection of the two streets.
b)
Notwithstanding Section 4.23 d), all buildings or structures located
on a property shall have a minimum setback of 1.2 metres from a
P5 Zone boundary.
c)
Notwithstanding Section 4.35, the entire yard areas shall be
landscaped area other than a driveway, an encroachment or an
accessory building permitted by this by-law.
d)
Notwithstanding the regulations of Paragraphs (a), (b), (c), (d), (e)
and (f) of Subsection 4.6 "Permitted Yard Encroachments", the
following encroachments shall be permitted:
i)
The usual projections of window sills, chimney breasts, belt
courses, cornices, eaves, troughs and other similar
architectural features, ductwork, venting and other similar
appurtenances may be permitted in any required, front yard,
rear yard, flankage yard, or side yard 1.2 metres wide or
greater, provided that no such feature shall project more than
0.6 metres into the required yard, or to a maximum of half the
distance of the required yard, whichever is the lesser.
ii)
Eaves, troughs, or gutters may project into any required side
yard a distance of not more than 0.55 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-682
iii)
A fire escape or exterior staircase may encroach into a
required rear yard to a maximum of 1.5 metres, or to a
maximum of half the distance of the required rear yard,
whichever is the lesser.
iv)
An unenclosed ramp for wheelchair access may encroach
into any required yard, except a required side yard, to no
maximum distance.
v)
A porch, deck or canopy may encroach into any required
front yard or rear yard to a maximum of 3.0 metres.
vi)
Balconies may project into a required front yard a distance of
not more than 2.0 metres and may project into a required rear
yard a distance of not more than 3.0 metres.
vii)
A bay window or alcove, without foundation, may encroach
into any required yard, except a required side yard, to a
maximum of 0.9 metres. No such feature shall have a width
greater than 3.0 metres.
e)
Notwithstanding Sections 15.1.2.3 a), b), c), d), e), f) and g), the
following special provisions shall apply:
i)
Minimum Lot Area
105.0 square metres for
each dwelling unit
ii)
Minimum Lot Width
4.6 metres
iii)
Minimum Setback
from the Front Lot
Line
4.5 metres to the dwelling,
except 5.8 metres to an
attached garage
iv)
Minimum Setback
from a Side Lot
Line
1.2 metres when abutting
side lot line coincides with
two exterior walls, 0.0
metres when abutting side
lot lines coincide with a
common wall between two
dwellings.
Minimum
yard
to
the
hypotenuse of the daylight
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-683
triangle of 0.5 metres for a
building; 0.3 metres for an
unenclosed
porch
and
deck.
v)
Minimum Setback
from a Flankage
Lot Line
2.4 metres
vi)
Minimum Setback
from a Rear Lot
Line
6.0 metres
vii)
Maximum Building
Height
13.5 metres
(By-law No. 24-095-OLT, March 26, 2024)
884. Within the lands zoned Conservation / Hazard Land (P5) Zone, identified
on Map No. 581 of Schedule "A' - Zoning Maps, the following special
provision shall apply:
a) Notwithstanding Subsection 4.23 d), all buildings or structures
located on properties abutting a P5 Zone boundary require no
setback from the boundary.
(By-law No. 23-250-OLT, August 04, 2023)
885. Within the lands zoned Low Density Residential (R1, 885) Zone, identified
on Map No. 1230 of Schedule "A" - Zoning Maps and as 26 Southcote
Road, the following special provisions shall apply:
a)
Notwithstanding Section 15.1.2.1 d), the minimum setback from a
southerly side lot line shall be 6.0 metres.
(By-law No. 24-041, March 27, 2024)
886. Within the lands zoned Low Density Residential (R1, 886) Zone, identified
on Map No. 1230 of Schedule "A" - Zoning Maps and as 26 Southcote
Road, the following special provisions shall apply:
a)
Notwithstanding Section 15.1.2.1 d), the minimum setback from a
northerly side lot line shall be 9.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-684
(By-law No. 24-041, March 27, 2024)
887. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3) Zone, identified on Map Nos. 1395 and 1446 of Schedule "A" -
Zoning Maps and described as 164, 168 and 176 Rymal Road East,
Hamilton, the following special provisions shall apply:
a)
The building existing on the date of the passing of this By-law
located at 164 Rymal Road East, not including accessory structures,
shall be retained and adaptively reused in accordance with Sections
11.3.1, 11.3.1.1, 11.3.2 and Sections b) and c) below.
b)
Notwithstanding Section 5.2 c) i), 5.6 c) i), 5.7 c), and 5.7 e), as it
relates to a Multiple Dwelling, the following regulations shall apply:
i)
Tandem parking shall be permitted.
ii)
That tandem parking outlined in a) i) above, shall only apply
to providing additional parking, supplementary to any
required parking.
iii)
A parking ratio of 1.47 parking spaces per unit shall be
permitted.
iv)
25 short term bicycle parking spaces shall be required.
c)
Notwithstanding Section 11.3.1.1 i) 1., 11.3.2 b), 11.3.2 c) and
11.3.2 e) i) and ii), the following regulations shall apply:
i)
Restriction of
Uses within a
building
Section 11.3.1.1 i), shall not
apply for the lands included
in Block 2 of Figure No. 38
of Schedule "F" - Special
Figures.
ii)
Minimum Rear
Yard
1.5 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-685
iii)
Minimum Interior
Side Yard
A) 3.0 metres for lots
abutting
a
single
detached
dwelling,
semi-detached dwelling
or street
townhouse
dwelling, for the lands
included in Block 1 of
Figure
No.
38
of
Schedule "F" - Special
Figures.
B) 6.0 metres for lots
abutting
a
single
detached
dwelling,
semi-detached dwelling
or street
townhouse
dwelling for the lands
included in Block 2 of
Figure
No.
38
of
Schedule "F" - Special
Figures.
iv)
Minimum Building
Height
6.5 metres
v)
Maximum
Building Height
11.0 metres
(By-law 24-023, February 14, 2024)
888. For the lands zoned Low Density Residential (R1, 888) Zone, on Map No.
1284 of Schedule "A"- Zoning Maps and described as 237 Springbrook
Avenue, the following special provisions shall apply:
a)
Notwithstanding Section 15.1.1, the following use shall be
prohibited:
Street Townhouse Dwelling
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-686
b)
Notwithstanding Section 15.1.2.2 e), the following regulation shall
apply:
i)
Minimum Setback from Flankage Lot
1.2m Line
c)
In addition to Section 15.1.2.1 and 15.1.2.2, the following regulation
shall also apply:
i)
Maximum Lot Coverage
40 percent
(By-law No. 24-037, March 27, 2024)
892. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4) Zone, on Map No. 1142 of Schedule "A" - Zoning Maps and
described as 651 Queenston Road, the following special provisions shall
apply:
a)
Notwithstanding Section 4.6 e), a balcony may encroach into any
required yard to a maximum of 1.8 metres.
b)
Notwithstanding Section 11.4.1.1 i) 1. A., Dwelling Unit(s), Mixed
Use and any use accessory thereto shall not be permitted on the
ground floor fronting Queenston Road
c)
In addition to Section 11.4.1.1 i) 1. A. Dwelling Unit(s), Mixed Use
and any use accessory thereto are restricted from fronting onto
Queenston Road on the ground floor, not including the hypotenuse
of a daylight triangle.
d)
In addition to Section 11.4.3, and notwithstanding Sections 11.4.3
a), b), d) and g) x), the following regulations shall apply:
i)
Building Setback
from a Street Line
Shall be in accordance with
Figure 39 of Schedule F -
Special Figures.
ii)
Minimum Rear
Yard
Shall be in accordance with
Figure 39 of Schedule F -
Special Figures.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-687
iii)
Building Height
1.
Shall be in accordance
with Figure 39 of Schedule
F - Special Figures.
2.
In addition to the definition
of Building Height, 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 wholly enclosed
or partially enclosed
amenity area shall not
exceed 266 square
metres of gross floor
area.
B. The wholly enclosed
partially
enclosed
amenity area shall be
setback 7.25 metres
from the hypotenuse
of a daylight triangle.
C. The wholly enclosed
or partially enclosed
amenity
area,
or
portion of a building
designed to provide
access to a rooftop
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-688
amenity area shall not
be greater than 5.0
metres
in
vertical
distance
from
the
uppermost point of the
building
to
the
uppermost point of the
rooftop enclosure.
iv)
Built Form for New
Development
1.
The first storey shall have
a minimum height of 3.5
metres and a maximum
height of 4.5 metres.
2.
A minimum of 20% of the
west elevations shall be
composed of windows and
glazing.
3.
A
minimum
of
two
cladding materials shall be
used for the 2nd to 6th
storeys
of
the
west
elevation located within
5.0 metres of the westerly
lot line.
v)
Percentage of two
and three
Bedroom Units
Within Dwelling
Unit(s), Mixed Use
1.
A
minimum
of
26.8
percent of the Dwelling
Unit(s), Mixed Use shall
be
units
with
two
bedrooms, and a minimum
of 2% of the Dwelling
Unit(s), Mixed Use shall
be units with three or more
bedrooms.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-689
2.
Where the application of
the
requirement
in
Subsection d) v) 1, above
results
in
a
numeric
fraction, fractions shall be
rounded up to the nearest
whole number.
(By-law 24-099-OLT, May 27, 2024)
893. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 1247 of Schedule "A" - Zoning Maps and described as 118
King Street West, Stoney Creek, the following special provisions shall
apply:
a) Notwithstanding Sections 5.2 a), 10.5.3 a) ii), 10.5.3 c), 10.5.3 d) ii) and
iii), 10.5.3 i) and Section 10.5.3 j), the following shall apply:
i)
Landscape Strip and
Visual Barrier
Requirement for
Parking Lot
Adjacent to a
Residential Zone
A minimum 1.0 metre landscape
strip with no visual barrier shall
be provided and maintained
along the westerly lot line and a
minimum 1.5 metre landscape
strip and a Visual Barrier in
accordance with Section 4.19
shall be provided and maintained
along the northerly lot line.
ii)
Building Setback
from a Street Line
Maximum 5.3 metres, except
where a visibility triangle is
required for a driveway access.
iii)
Minimum Interior
Side Yard
6 metres to the building and 4.5
metres to a support column.
iv)
Building Height
1) Maximum 37.5 metres; and,
2) In addition to Section 10.5.3d)i)
and notwithstanding Section
10.5.3d)ii), any building height
above 11.0 metres may be
equivalently increased as the
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-690
yard increases beyond the
minimum yard requirement
established in Section10.5.3 b)
when abutting a Residential or
Institutional Zone to a
maximum of 37.5 metres.
v)
Planting Strip
Requirements
A minimum 1.5 metre wide
Planting Strip shall be provided
and maintained along the northerly
lot line and a 1.0 metre wide
Planting Strip shall be provided
and maintained along the westerly
lot line.
vi)
Visual Barrier
Requirement
A visual barrier shall be required
along the northerly lot line.
(By-law No. 24-118, June 26, 2024)
894. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 1453 of Schedule "A" - Zoning Maps and described as 196,
198, 200 and 202 Upper Mount Albion Road, Stoney Creek, the following
special provisions shall apply:
a)
Notwithstanding Section 10.5.1, only the following uses shall be
permitted:
i)
Permitted Uses
Home Business
Multiple Dwelling
Financial Establishment
Office
Personal Service Establishment
Restaurant
Retail
Veterinary Service
b)
In addition to Section 10.5.3, the following regulations shall apply:
i)
Maximum Density
460 units per net hectare
ii) Minimum
Landscaped Area
35% of the total Lot Area
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-691
c)
Notwithstanding Sections 10.5.3 d) i), ii) and iv) B and g) vii), the
following regulations shall apply:
iii) Building Height
Minimum 6.0 metre façade height
for any portion of a building along a
street line.
iv) Maximum
Building Height
31.0 metres
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 north, south and west
exterior walls of the storey directly
beneath. 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
31 metres from the eastern property
line.
v)
Built Form for
New Development
A
minimum
of
one
principal
entrance for residential uses shall
be provided at grade and be
accessible
from
a
pedestrian
walkway connected to the public
sidewalk.
A
minimum
of
one
principal
entrance for each commercial unit
shall be provided:
1. within the ground floor façade that
is setback closest to the street; and,
2. shall be accessible from the
building façade with direct access
from the public sidewalk.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-692
d)
Notwithstanding Section 4.6 e), Balconies shall be permitted to
encroach into the required rear yard to a maximum of 1.6 metres
and into any other required yard a maximum of 1.0 metre.
(By-law No. 24-154, August 16, 2024)
895. Within the lands zoned Mixed Use Medium Density (C5) Zone, identified
on Map No. 1593 of Schedule "A" - Zoning Maps and described as 1866
Rymal Road East, Glanbrook the following special provisions shall apply:
a)
Notwithstanding Section 10.5.4, for the purposes of Special
Exception 895, a Retirement Home shall be permitted in
accordance with Section 10.5.3 and the following amendments.
b)
Notwithstanding Section 10.5.1, only the following uses shall be
permitted: Artist Studio, Catering Service, Commercial School,
Craftsperson Shop, Child Care Centre, Dwelling Units(s),
Emergency Shelter, Financial Establishment, Laboratory, Lodging
House, Medical Clinic, Microbrewery, Multiple Dwelling, Office,
Personal Services, Place of Worship, Repair Service, Residential
Care Facility, Restaurant, Retail, Retirement Home, Social
Services Establishment, Tradesperson's Shop, Urban Farmers
Market, and Veterinary Service.
c)
In addition to Section 10.5.1.1, the following uses shall only be
permitted on the ground floor of a mixed use building: Artist Studio,
Catering Service, Commercial School, Craftsperson Shop, Child
Care Centre, Financial Establishment, Laboratory, Medical Clinic,
Microbrewery, Office, Personal Services, Place of Worship, Repair
Service, Restaurant, Retail, Social Services
Establishment,Tradesperson's Shop, Urban Farmers Market, and
Veterinary Service.
d)
In addition to Section 10.5.3, and notwithstanding Sections 10.5.3 b),
c), d) ii), d) iii), g) vii) 1., and i), the following regulations shall apply:
i)
Minimum Rear
Yard
14.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-693
ii)
Minimum Interior
Side Yard
14.0 metres, except 17.0 metres for
any portion of a building greater
than 18.5 metres in height; 18.5
metres for any portion of a building
greater than 22.0 metres in height;
and, 20.0 metres for any portion of
a building greater than 25.5 metres
in height.
iii)
Maximum
Building Height
29.0 metres.
iv)
Principal
Entrance
A minimum of one principal
entrance shall be provided along
the Rymal Road East façade.
v)
Planting Strip
A)
B)
A minimum 3.0 metre wide
Planting Strip shall be provided
and maintained along a side lot
line; and,
A minimum 1.5 metre wide
Planting Strip shall be provided
and maintained along a rear lot
line.
vi)
Minimum Density
60 units per net residential hectare.
vii) Maximum Density 360 units per net residential
hectare.
(By-law No. 24-088, June 12, 2024)
(By-law No. 25-155, August 06, 2025)
896. Within the lands zoned Low Density Residential (R1, 896) Zone, identified
on Map No. 1334 of Schedule "A" - Zoning Maps and described as 285 and
293 Fiddler's Green Road, Ancaster, the following special provisions shall
apply:
a)
Notwithstanding Section 3 as it relates to "Front Lot Line" Section
a):,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-694
i)
With reference to a corner lot, shall mean, at the option of the
owner, either of the lot lines abutting a public street.
b)
In addition to Section 4.3 b) and notwithstanding Section 4.8 f), and
4.35 a), the following regulations shall apply:
i)
Parking, landscaping, waste bins and community mailboxes
are permitted within the common element condominium road.
ii)
A Molok bin, Earth bin, or other similar container shall be
permitted to be erected prior to the erection of a principal
building or structure on the lot.
iii)
Minimum Landscaped Area in the Front Yard
48%
c)
Section 5.1 b) v) shall not apply.
d)
Notwithstanding Section 15.1.2.1 e), the Minimum Setback from a
Flankage Lot Line for Vacant Land Unit 5 shall be 1.2 metres.
(By-law No. 24-159, September 11, 2024)
897. Within the lands zoned Mixed Use Medium Density (C5) Zone on Map Nos.
1245 and 1298 of Schedule "A" - Zone Maps and described as 399
Greenhill Avenue, the following provisions shall apply:
a) Notwithstanding Section 4.6 d) and in addition to Section 4.19, the
following regulations shall apply:
i)
Porch Encroachment
A porch, deck, stairs or canopy
may encroach into a required
yard to a maximum of 2.5
metres
adjacent
to
Mount
Albion Road, and a canopy may
encroach into a required yard to
a maximum of 2.0 metres
adjacent to Greenhill Avenue
and Harrisford Street.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-695
ii)
Visual Barrier
For the northerly lot line shared
with 30 and 40 Harrisford Street,
a fence with a height of 1.0
metres existing on the date of
the passing of this By-law shall
be considered a Visual Barrier
for the purpose of compliance
with Section 4.19
b) Notwithstanding Section 5.3.1 d), 5.5.1 a) iii) and in addition to 5.7.1 a),
the following regulations shall apply:
i)
Parking Abuts a
Residential Zone
A) A minimum 1.5 metre wide
landscape strip which shall
contain a Visual Barrier in
accordance
with
Section
4.19 of this By-law.
B) Notwithstanding i) A) above,
for the lot line shared with 30
and 40 Harrisford Street, a
minimum 1.5 metre wide
landscape strip and a fence
with a height of 1.0 metres
existing on the date of the
passing of this By-law shall
be
considered
a
Visual
Barrier.
ii)
Loading Spaces
A loading space may be located
in a yard abutting a Residential
Zone for the northerly lot line
shared with 30 and 40 Harrisford
Street and, a fence with a height
of 1.0 metres existing on the date
of the passing of this By-law shall
be considered a Visual Barrier for
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-696
the purpose of compliance with
Section 5.5.1 a) iii).
iii)
Shared Visitor and Non-
Residential Parking
Spaces
Visitor parking spaces and non-
residential parking spaces may
be shared and provided on a
non-exclusive basis, and such
parking spaces may be used
towards
the
calculation
of
minimum required visitor parking
spaces
and
non-residential
parking spaces in Section 5.7.1
a)
c) Notwithstanding Section 10.5.1, 10.5.1.1 i) 1, 10.5.3 a), 10.5.3 b),
10.5.3.d) i), ii), and iii), 10.5.3 g) v) 2., and 10.5.3 g) vii), and in addition
to Section 10.5.3 j), the following regulations shall apply:
i)
Permitted Uses
A)
Notwithstanding the list of
permitted uses in Section
10.5.1, only the following
uses shall be permitted:
Day Nursery
Dwelling Unit(s)
Financial Establishment
Multiple Dwelling
Office
Personal Service
Restaurant
Retail
Veterinary Service
ii)
Restriction of Uses
within a Building
A)
Section 10.5.1.1 i) 1, shall
not apply for the lands
included in Block 2 of
Special Figure No. 40 of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-697
Schedule "F" - Special
Figures.
B)
Section 10.5.1.1 i) 1), shall
not apply to dwelling units
that do not front a street
line for the lands included
in Block 1 of Special Figure
No. 40 of Schedule "F" -
Special Figure.
iii)
Minimum Setback
from a Street Line
A)
In accordance with Special
Figure No. 40 of Schedule
"F" - Special Figures.
B)
Notwithstanding Section iii)
A), above, floor area with a
maximum depth of 1.5
metres shall be permitted
to project into the required
building setback above a
height
of
13.5
metres
above grade.
iv)
Minimum Rear Yard
In accordance with Special
Figure No. 40 of Schedule "F" -
Special Figures.
v)
Minimum North
Side Yard Setback
In accordance with Special
Figure No. 40 of Schedule "F" -
Special Figures.
vi)
Minimum Building
Height
A)
Minimum 7.5 metre façade
height for any portion of a
building along a street line.
B)
Notwithstanding
vi)
A)
above,
a
5.0
metre
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-698
minimum façade height for
any portion of a building
along the Harrisford Street
line and for a portion of a
building
fronting
onto
Greenhill Avenue located
within 17.0 metres of the
Harrisford Street line shall
be permitted.
vii)
Maximum
Building Height
A)
12.0 metres
B)
Notwithstanding
vii)
A)
above,
building
heights
may exceed 12.0 metres in
accordance with Special
Figure No. 40 of Schedule
"F" - Special Figures.
viii) Principal Entrance
A)
A principal entrance is
required within the ground
floor façade that is setback
closest to a street, for the
lands included in Block 1, of
Special Figure No. 40 of
Schedule "F" - Special
Figures.
B)
A principal entrance shall
require direct access from
the public sidewalk, for the
lands included in Block 2, of
Special Figure No. 40 of
Schedule "F" - Special
Figures.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-699
ix)
Visual Barrier
A fence with a height of 1.0
metre existing on the date of the
passing of this By-law shall be
considered a Visual Barrier in
accordance
with
the
requirements of Section 4.19 of
this By-law for the northerly lot
line shared with 30 and 40
Harrisford Street.
x)
Percentage of
two and three
Bedroom Units
A minimum of 30 percent of the
dwelling units shall have two
bedrooms and a minimum of 5
percent of the dwelling units
shall
have
three
or
more
bedrooms.
xi)
Non-Residential
Gross Floor Area
A) A minimum of 1,400 square
metres of gross floor area
for
non-residential
uses
shall be provided on Block 1
of Special Figure No. 40 of
Schedule "F" - Special
Figures.
B) Non-residential
uses
required by xi) A) above
shall
only
include
the
following
uses:
Day
Nursery,
Financial
Establishment,
Office,
Personal
Service,
Restaurant,
Retail,
Veterinary Service.
d) The following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-700
i)
Minimum Required
Number of Electric
Vehicle Parking
Spaces (as defined
in By-law 24-052)
A minimum of 25% of all
provided
parking
spaces,
excluding
visitor
and
non-
residential parking spaces, or
the requirement of Section 5 of
By-law 05-200, whichever is
lesser.
(By-law No. 25-081-OLT, April 15, 2025)
898. Within the lands zoned Low Density Residential (R1) Zone, identified on
Map No. 518 of Schedule "A" - Zoning Maps and described as 173 and
177 Dundas Street East, Flamborough, the following special provisions
shall apply:
a)
Notwithstanding Sections 15.1.2.3 a), b), c), and g), 5.7.4 a), 4.9 a),
4.35 and the definition of "Parking Space, Electric Vehicle" in
Section 3:
i)
Minimum Lot
Area for Each
Dwelling Unit
Minimum 100 square metres for units
fronting onto Dundas Street East and a
minimum of 140 square metres for all
other street townhouses.
ii)
Minimum Unit
Width for Each
Dwelling Unit
Minimum 4.9 metres for the units
adjacent to Dundas Street East and a
minimum of 5.3 metres for all other
Street Townhouse Dwellings.
iii)
Minimum
Setback from the
Front Lot Line
Minimum 2.5 metre setback from the
street line for the units adjacent to
Dundas Street East and a minimum of
4.0 metres for all other Street
Townhouse Dwellings.
iv)
Maximum
Building Height
11 metres.
v)
Mechanical and
Unitary
Equipment
Within a required front yard, provided
such equipment shall have a minimum
setback of 1.7 metres from the street
line, a minimum setback of 0.6 metres
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-701
from a side lot line and is screened
from the street by an enclosure or
landscaping for units adjacent to
Dundas Street East, all other street
townhouses require a minimum
setback of 3.0 metres.
vi) Landscape
Requirements
A minimum of 50% for units adjacent
to Dundas Street East and 35% for all
other Street Townhouse Dwellings for
landscape area in the Front Yard.
vii) Minimum Electric
Vehicle Parking
Rate
1 residential parking space per unit,
excluding any visitor parking space.
viii) Definition of
Parking Space,
Electric Vehicle
Shall mean a parking space that is in
proximity to electrical wiring, or to
conduit that provides an opportunity for
the installation of wiring, to support
future electric vehicle charging
equipment which is capable of
providing Level 2, or greater, electric
vehicle charging in accordance with
the SAE International J1772 standard.
(By-law No. 24-166, September 25, 2024)
899. Within the lands zoned Transit Oriented Corridor Mixed Use High Density
(TOC4, 899, H174) Zone, on Map No. 1094 of Schedule "A" -Zoning
Maps and described as 2481 Barton Street East, the following special
provisions shall apply:
a)
Notwithstanding Section 11.4.3 b), c), d) ii), and g) x), and in addition
to Section 11.4.3 a), the following regulations shall apply:
i)
Minimum
Building
Setback from a
Street
4.9 metres for any portion of the
building exceeding a height of 19.6
metres.
ii)
Minimum Rear
Yard
17.5 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-702
iii)
Minimum
Easterly
Interior Side
Yard
A)
B)
13.6 metres from the easterly lot
line.
In addition to 2. a), iii), A) above,
20.5 metres from any portion of a
building exceeding a height of 19.6
metres, from the easterly lot line.
iv)
Minimum
Westerly
Interior Side
Yard
A)
B)
3.0 metres from the westerly lot
line.
In addition to 2. a), iv), a) above,
18.0 metres from any portion of
the building exceeding a height of
19.6 metres, from the westerly lot
line, except for an enclosed
stairwell.
v)
Maximum
Building Height
57.5 metres.
vi)
First Storey
Height
Minimum 3.6 metres and a maximum
of 5.0 metres.
vii) Percentage of
Two and Three
Bedroom Units
A minimum of 39.0 percent (82
dwelling units) of the Dwelling Units
shall be units with two bedrooms and
a minimum of 3.9 percent (8 dwelling
units) of the Dwelling Units shall be
units with three or more bedrooms.
(By-law No. 24-107, June 26, 2024)
900. Within the lands zoned Major Institutional (I1, 900) Zone, identified on Map
No. 860 of Schedule "A" - Zoning Maps and described as 245 Mill Street,
Dundas, the following special provisions shall apply:
a)
In addition to Section 8.1.1, Medical Clinic and Personal
Service uses shall be permitted, subject to the requirements
of Subsection 8.1.3.1.
(By-law No. 24-137, July 12, 2024)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-703
901. Within the lands zoned Downtown Central Business District (D1,
901) Zone,
identified on Map No. 910, of Schedule "A" - Zoning
Maps and described as 221 York Boulevard, Hamilton, the following
special provisions shall apply:
a)
Notwithstanding Section 5.1 a) v) a) and b), the
following regulations shall apply as it pertains to the
existing Commercial Parking Facility:
i)
Location of
Parking
Parking spaces and
aisles giving direct
access to abutting
parking spaces shall
be permitted to be
located as close as
0.0m.
ii)
Planting Strip
Requirements
No planting strip shall
be provided between a
street line and parking
spaces and aisles
giving direct access to
abutting parking
spaces.
b)
In addition to Section 6.1.1 and notwithstanding Section
6.1.1.1 i) 1. A. and B., the following regulations shall apply
as it pertains to the existing Commercial Parking Facility:
i)
A Commercial Parking Facility shall be
permitted as an accessory use to a
Place of Worship;
ii)
The Parking Facility shall not be required
to be contained within a building; and,
iii) A surface parking lot, located on the lot, shall be
permitted in addition to the permitted uses on
the ground floor
(By-law No. 24-137, July 12, 2024)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-704
902. Within the lands zoned Neighbourhood Park (P1, 902) Zone, identified on
Map No. 827 of Schedule "A" - Zoning Maps and described as 40 Wood
Street East, Hamilton, the following special provisions shall apply:
a)
In addition to Section 7.1.1, and Notwithstanding Sections 7.1.2 and
7.1.3 d), the following regulations shall be permitted within the P1
Neighbourhood Park Zone:
i)
Permitted Uses Community Centre
ii)
Maximum
Building Gross
Floor Area
The Building Gross Floor area existing
on the date of the passing of this By-
law shall be deemed to comply.
(By-law No. 24-137, July 12, 2024)
903. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a) Zone, identified on Map Nos. 1228 and 1229 of Schedule "A" -
Zoning Maps and described as 259 Wilson Street East, Ancaster, the
following special provisions shall apply:
a)
Notwithstanding Section 5.1 a) v) b), and 5.2 b), f), the following
regulations shall apply:
i) Design Standards
A) The parking spaces existing
on the date of the passing of
this
By-law
shall
be
a
minimum width of 2.6 metres
in width and 5.5 metres in
length.
B) The
barrier-free
parking
spaces existing on the date of
the passing of this By-law
shall have a minimum width of
4.4 metres and a minimum
length of 5.5 metres.
b)
Notwithstanding Section 10.5a.3 a) i), c), d) ii), i) and j), the following
regulations shall apply:
i)
Maximum Building
Setback from a Street
Line
A)
9.34 metres shall be required
for any portion of a building
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-705
existing on the date of the
passing of this By-law.
B)
Notwithstanding Section b) i)
A) above, Section 10.5a.3 a)
i) shall apply to any new
building or any addition to an
existing building.
ii)
Minimum Side Yard
A)
1.0
metres
abutting
a
Residential or Institutional
Zone or lot containing a
residential
use
shall
be
required for any portion of a
building.
B)
Notwithstanding Section b) ii)
A) above, Section 10.5a.3 c)
shall
apply
to
all
new
buildings,
additions,
or
expansions.
iii)
Maximum Building
Height
A)
The building height of the
building existing on the date
of the passing of this By-law
shall be permitted.
B)
Notwithstanding Section B)
iii) A) above, a maximum
Building Height of 9.0 metres
shall
apply
to
all
new
buildings,
additions,
or
expansions.
iv)
Planting Strip
Requirements
Shall not apply along the northerly
lot line.
v)
Visual Barrier
Requirement
Shall not apply along the northerly
lot line.
(By-law No. 24-132, July 12, 2024)
904. Within the lands zoned District Commercial (C6, 904) Zone, identified on
Map No. 1251 of Schedule "A" - Zoning Maps and described as 365
Highway No. 8, Stoney Creek, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-706
a)
In addition to Section 10.6.1.1 and notwithstanding Section 10.6.1.1
i), the following regulations shall apply:
i)
Dwelling Units shall not be permitted on the portion of the
ground floor facing a street.
b)
In addition to Section 10.6.3 and notwithstanding Section 10.6.3 c)
ii), and d), the following shall apply:
ii)
Minimum Interior
Side Yard
7.5 metres abutting a Residential or
Institutional Zone or lot containing a
residential use.
iii)
Building Height
A)
Minimum 7.5 metre façade
height for any portion of a
building along a street line;
B)
Maximum 28.5 metres; and,
C)
In addition to Subsection A)
above and notwithstanding
Subsection B) above, any
building height above 11.0
metres may be equivalently
increased
as
the
yard
increases
beyond
the
minimum
yard
requirement
established in Section 10.6.3
b) when abutting a Residential
Zone to a maximum of 28.5
metres.
D)
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
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-707
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 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.
iv)
Minimum Amenity
Area for Dwelling
Unit(s), Mixed
A. An area of 4.0 square
metres for each dwelling
unit less than or equal to
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-708
Use
50 square metres of gross
floor area; and,
B) An area of 6.0 square
metres for each dwelling
unit
greater
than
50
square metres of gross
floor area.
C) 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.
v)
Minimum Gross
Floor Area for
Commercial Uses
270 square metres
c)
In addition to Section 5.6(c), the following parking schedule shall
apply for a Dwelling Unit, Mixed Use:
a.
Dwelling Units less than 50.0 square metres in Gross
Floor Area:
Minimum:
Maximum:
0.3 per unit
1.25 per unit
b.
Dwelling Units greater than 50.0 square metres in Gross
Floor Area:
Minimum
Maximum
1 - 14 units:
0.7 per unit
1.25 per unit
15 - 50 units:
0.85 per unit
1.25 per unit
51+ units:
1.0 per unit
1.25 per unit
d)
In addition to Section 5.7(c) and (e), the following bicycle parking
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-709
schedule shall apply for a Dwelling Unit, Mixed Use:
a.
Short-Term Spaces: 5
b.
Long-Term Spaces: 0.5 per dwelling unit
(By-law No. 24-134, July 12, 2024)
905. Within the lands zoned Conservation / Hazard Land (P5, 905) Zone,
identified on Map No. 479 and 480 of Schedule "A" and described as 909
North Waterdown Drive, the following special provision shall apply:
Notwithstanding Subsection 4.23 d), buildings or structures located on a
property may be setback a minimum of 0.0 metres from the west and south
side of the Conservation/Hazard Land (P5, 905) Zone boundary.
(By-law No. 24-238-OLT, December 11, 2023)
906. Within the lands zoned Community Commercial (C3) Zone, identified on
Map No. 1595 of Schedule "A" - Zoning Maps and described as 2064 and
2070 Rymal Road East, Glanbrook, the following special provisions shall
apply:
a)
In addition to Section 3, the following definition shall apply:
Building Height
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:
1. 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 storey
directly beneath;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-710
2. 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,
3. 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.
b)
Notwithstanding Section 5.2.1 c), loading doors and associated
loading facilities accessory to a multiple dwelling shall not be
permitted within 3.2 metres of a lot line abutting a Residential Zone
or Institutional Zone and shall be screened from view by a Visual
Barrier in accordance with Section 4.19 of this By-law.
c)
In addition to Section 5.6 c) iv), the number of required parking
spaces for commercial uses with a gross floor area of 1,100 square
metres or less within a multiple dwelling shall be 13.
d)
Notwithstanding Section 5.6 c) i), as it relates to a Multiple Dwelling:
i)
Dwelling Unit less
than 50.0 square
metres in gross
floor area
A.
Minimum 0.3 per unit
B.
Maximum 1.25 per unit
ii)
Dwelling Units
greater than 50.0
square metres in
gross floor area
A.
Minimum:
1. 1 - 14 units 0.7 per unit
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-711
2. 15 - 50 units 0.85 per
unit
3. 51 + units 1.0 per unit
B.
Maximum 1.25 per unit
e)
In addition to Section 5.2 f), in the case of two barrier free parking
spaces on opposite sides of a shared 1.5 metre accessibility aisle,
each parking space shall have a minimum width of 3.4 metres.
f)
Notwithstanding Section 10.3.1, the following uses shall be
permitted;
Artist Studio
Commercial Entertainment
Commercial Recreation
Commercial School
Craftsperson Shop
Day Nursery
Dwelling Unit(s)
Emergency Shelter
Financial Establishment
Lodging House
Medical Clinic
Microbrewery
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
Multiple Dwelling
Office, Personal Services
Performing Arts Theatre
Place of Worship
Repair Service
Residential Care Facility
Restaurant, Retail
Retirement Home
Social Services Establishment
Tradesperson's Shop
Urban Farmers Market
Veterinary Service
g)
In addition to Section 10.3.1.1 and notwithstanding Section 10.3.1.1
ii), the following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-712
i)
Residential Care Facility or Retirement Home:
Maximum Capacity for a Residential Care Facility or
Retirement Home shall be 50 residents.
ii)
Restriction of Residential 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 1. above. Dwelling Unit(s) shall be
permitted in a basement or cellar.
h)
In addition to Section 10.3.3 and notwithstanding Sections 10.3.3 a)
i,) b), c), d), e), g), and i) ii), the following regulations shall apply:
i)
Building Setback
from a Street Line
Minimum 3.0 metres for a building
with Dwelling Units on the ground
floor facing a street.
ii)
Minimum Rear
Yard
13.0 metres, except
A. 16.0 metres for any portion of a
building
greater
than
14.0
metres in height;
B. 20.0 metres for any portion of a
building
greater
than
17.0
metres in height;
C. 24.0 metres for any portion of a
building
greater
than
20.0
metres in height;
D. 28.0 metres for any portion of a
building
greater
than
23.0
metres in height;
E. 32.0 metres for any portion of a
building
greater
than
26.0
metres in height; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-713
F. 36.0 metres for any portion of a
building
greater
than
29.0
metres in height.
iii)
Minimum Interior
Side Yard
29.0 metres abutting a Residential
or Institutional Zone
iv)
Building Height
A. Minimum 4.5 metre façade
height for any portion of a
building along a street line; and,
B. Maximum 32.5 metres
v)
Maximum Lot
Area
16,000.0 square metres.
vi)
Maximum Total
Gross Floor Area
for Commercial
Uses
Not Applicable
vii) Built Form for
New Development
The minimum width of ground floor
façade facing the front lot line shall
be greater than or equal to 30.0
metres.
v)
Maximum
Number of
Dwelling Units
230
i)
In addition to Section 10.3.3, the following regulations shall apply to
an Emergency Shelter, Lodging House, Place of Worship,
Residential Care Facility, Retirement Home, or Social Service
Establishment:
i)
Minimum Side
and Rear Yard
7.5 metres
ii)
Maximum
Building Height
22.0 metres
iii)
Minimum
Landscaped Area
10% of the total Lot
Area
(By-law No. 24-151, August 16, 2024)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-714
907. Within the lands zoned Community Commercial (C3) Zone, identified on
Map No. 1595 of Schedule "A" - Zoning Maps and described as 2064 and
2070 Rymal Road East, Glanbrook, the following special provisions shall
apply:
a)
Notwithstanding Section 5.6 c) iv), a minimum of 1 parking space
for each 24.0 square metres of gross floor area, except for a Motor
Vehicle Service Station (oil and lube service station only) or a Motor
Vehicle Washing Establishment, 0 parking spaces are required.
b)
Notwithstanding Section 10.3.1, the following uses shall be
permitted:
Artist Studio
Commercial Entertainment
Commercial Recreation
Commercial School
Craftsperson Shop
Day Nursery
Dwelling Unit(s)
Emergency Shelter
Financial Establishment
Lodging House
Medical Clinic
Microbrewery
Motor Vehicle Service Station
Motor Vehicle Washing Establishment
Multiple Dwelling
Office, Personal Services
Performing Arts Theatre
Place of Worship
Repair Service
Residential Care Facility
Restaurant, Retail
Retirement Home
Social Services Establishment
Tradesperson's Shop
Urban Farmers Market
Veterinary Service
c)
In addition to Section 10.3.1.1 and notwithstanding Section
10.3.1.1 ii), the following regulations shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-715
i)
Residential Care Facility or Retirement Home
Maximum Capacity for a Residential Care Facility or
Retirement Home shall be 50 residents.
ii)
Restriction of Residential 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 1. above, Dwelling Unit(s) shall be
permitted in a basement or cellar.
d)
In addition to Section 10.3, the following regulations shall apply to
an Emergency Shelter, Lodging House, Place of Worship,
Residential Care Facility, Retirement Home, or Social Service
Establishment:
i)
Minimum Side
and Rear Yard
7.5 metres
ii)
Maximum
Building Height
22.0 metres
iii) Minimum
Landscaped Area
10% of the total Lot Area
e)
In addition to Section 10.3.3 and notwithstanding Sections 10.3.3
a) i), a) ii), e), and g), the following regulations shall apply:
i)
Building Setback
from a Street Line
Minimum 3.0 metres for a
building with Dwelling Units on
the ground floor facing a
street.
ii)
Building Setback
from a Street Line
Maximum 25.0 metres for a
commercial use existing at the
date of the passing of this by-
law.
iii) Maximum Lot
Area
16,000.0 square metres
iv) Maximum Total
Not applicable
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-716
Gross Floor Area
for Commercial
Uses
v)
Maximum Density
0 units per net hectare
f)
In addition to Section 10.3.3, the following regulations shall apply to
an Emergency Shelter, Lodging House, Place of Worship,
Residential Care Facility, Retirement Home, or Social Service
Establishment:
i)
Minimum Side
and Rear Yard
7.5 metres
ii)
Maximum
Building Height
22.0 metres
iii) Minimum
Landscaped Area
10% of the total Lot Area
(By-law No. 24-151, August 16, 2024)
909. Within the lands zoned Downtown Mixed Use - Pedestrian Focus (D2)
Zone, identified on Map No. 869 and 911 of Schedule "A" - Zoning Maps
and described as 309 and 325 James Street North, Hamilton, the
following special provisions shall apply:
a)
Notwithstanding Section 5.2 a), no landscape strip containing a
visual barrier shall be provided along the westerly lot line where
the parking area abuts a Residential Zone.
b)
Notwithstanding Section 6.2.3 b) ii), the following regulation shall
apply:
i)
Maximum
Building Height
1. 44.0 metres
(By-law No. 24-149, August 16, 2024)
(By-law No. 25-155, August 06, 2025)
910. For the lands zoned Low Density Residential - Small Lot (R1a, 910)
Zone, on Map Nos. 1397, 1398, and 1449 of Schedule "A" - Zoning Maps
and described as 61 Eleanor Avenue, the following special provisions
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-717
a)
Notwithstanding Section 15.2.2.1 d) e), and f) and Section 15.2.2.2
f), the following regulations shall apply:
Minimum Setback
from a Side Lot Line
1.2 metres for a Single Detached
Dwelling, except that the minimum
interior side yard may be reduced to
0.6 metres on one side of the lot
provided the abutting lot has a
minimum side yard of 1.2 metres.
Minimum Setback
from a Flankage Lot
Line
1.2 metres
Minimum Setback
from the Rear Lot Line
6.5 metres
(By-law No. 24-187, October 23, 2024)
912. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1) Zone, identified on Map No. 1394 of Schedule "A" -
Zoning Maps and described as 1600 Upper James Street, Hamilton, the
following special provisions shall apply:
a)
Notwithstanding Section 4.6, the following regulations shall apply:
i)
Permitted Yard
Encroachments
No part of any required yard shall be
obstructed except as follows:
A)
The usual projections of window
sills, chimney breasts, belt
courses, cornices, eaves, troughs
and other similar architectural
features, ductwork, venting and
other similar appurtenances may
be permitted in any required yard
for any portion of a building
greater than 21.0 metres in
height, provided that no such
feature shall project more than 0.6
metres into the required yard, or
to a maximum of half the distance
of the required yard, whichever is
the lesser.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-718
B)
A fire escape or exterior staircase
may encroach into a required side
or rear yard for any portion of a
building greater than 21.0 metres
in height to a maximum of 1.5
metres, or to a maximum of half
the distance of the required yard,
whichever is the lesser.
C)
An unenclosed ramp for
wheelchair access may encroach
into any required yard to no
maximum distance.
D)
A porch, deck or canopy may
encroach into any required yard
for any portion of a building
greater than 21.0 metres in height
to a maximum of 1.5 metres, or to
a maximum of half the distance of
the required yard, whichever is
the lesser.
E)
A balcony may encroach into any
required yard for any portion of a
building greater than 21.0 metres
in height to a maximum of 1.5
metres.
b)
In addition to Section 11.1.3 and a) and notwithstanding Section
11.1.3 b), c), d) ii), and d) iii), the following regulations shall apply:
i)
Building
Setback from a
Street Line
A)
Minimum 4.8 metres from a lot
line abutting Upper James Street
for any portion of a building
greater than 21.0 metres in
height; and,
B)
Minimum 2.5 metres from a lot
line abutting Rymal Road West
for any portion of a building
greater than 21.0 metres in
height.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-719
ii)
Minimum
Interior side
Yard
7.5 metres, except 9.0 metres for any
portion of a building greater than 21.0
metres in height and 12.5 metres for
any portion of a building greater than
40.5 metres in height.
iii)
Minimum
Building
Setback from a
Rear Lot Line
2.0 metres, except 12.5 metres for any
portion of a building greater than 21.0
metres in height.
iv)
Maximum
Building Height
65.0 metres.
iiv) Percentage of
two and three
Bedroom Units
Within Dwelling
Units(s), Mixed
Use
A)
A minimum of 17 percent of the
Dwelling Unit(s), Mixed Use shall
be units with two or three
bedrooms.
B)
Where the application of a) iv) A)
above results in a numeric
fraction, the fraction shall be
rounded up to the nearest whole
number.
(By-law No. 24-164, September 25, 2024)
913. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3, 913, H183) Zone, identified on Map No. 1447 of Schedule "A" -
Zoning Maps and described as 544 and 550 Rymal Road East, Hamilton,
the following special provisions shall apply:
a)
Notwithstanding Section 5.6 c), as it relates to the parking spaces
within Multiple Dwelling in a Transit Oriented Corridor Zone, the
parking ratio shall be 0.5 parking spaces per residential unit and
0.15 visitor parking spaces per residential unit;
b)
In addition to Section 11.3.2 and notwithstanding Sections
11.3.1.1i)1, 11.3.2 a) and c), 11.3.2 e) i) ii) and iii) and 11.3.2 f) ii),
iii) and v), the following regulations shall apply:
i)
The finished floor elevation of any dwelling unit shall be at
least 0.0m above grade.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-720
ii)
Building Setback
from a Street Line
Minimum 3.0 metres;
except in accordance
with Figure No. 42 of
Schedule "F" - Special
Figure.
iii)
Minimum Interior
Side Yard abutting
a single detached
dwelling
4.0 metres
iv)
Building Height
Shall be in accordance
with Figure No. 42 of
Schedule "F" - Special
Figures.
v)
Built Form for New
Development
A maximum of one 7.5
metre wide driveway
shall be permitted for
ingress and egress.
vi)
Building Separation
A minimum 21.5 metres
separation shall be
provided between
buildings as shown on
Figure No. 42 of
Schedule "F" - Special
Figures.
vii) Minimum
percentage of two
(2) and three (3)
bedroom units
A minimum 20% of the
total number of
residential units shall be
constructed as two (2)
bedroom units and a
minimum of 5% of the
total number of
residential units shall be
constructed as three (3)
bedroom units.
(By-law No. 24-183-OLT, August 15, 2024)
914. Within the lands zoned Transit Oriented Corridor Multiple Residential
(TOC3, 914, H184) Zone, identified on Map No. 1447 of Schedule "A" -
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-721
Zoning Maps and described as 544-550 Rymal Road East, Hamilton, the
following special provisions shall apply:
a)
Notwithstanding Section 5.6 c), as it relates to the parking spaces
within Multiple Dwelling in a Transit Oriented Corridor Zone, the
parking ratio shall be 0.5 parking spaces per residential unit and
0.15 visit parking spaces per residential unit;
b)
Notwithstanding Sections 11.3.1.1 i)1., 11.3.2 a) and c), 11.3.2
e)i)ii) and iii), the following regulations shall apply:
i)
The finished floor elevation of any dwelling unit shall be
permitted below grade.
ii)
Building Setback from a
Street Line
Minimum 6.0 metres
iii) Minimum Interior Side Yard
abutting a single detached
dwelling
Minimum 6.0 metres
iv) Building Height
Maximum 11.6
metres
(By-law No. 24-183-OLT, August 15, 2024)
915. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1, 915, H186) Zone, identified on Map Nos. 1043 and 1089
of Schedule "A" - Zoning Maps, and described as 1284 Main Street East,
Hamilton, the following special provisions shall apply:
a)
Notwithstanding Sections 4.6 d) and e) and Section 4.16 b), the
following regulations shall apply:
i)
Permitted Yard
Encroachments
1. Balconies may encroach into
any required yard to a
maximum of 1.8 metres.
2. A porch, deck or canopy
may encroach into any
required yard to a maximum
of 2.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-722
ii)
Consolidated Lot
Development
Where a comprehensive
condominium plan of subdivision
has received draft plan approval
or a conditional stratified
severance has been approved,
as well as any required site plan
approval, and where registration
of the plan is intended to occur
in phases and/or stages, the
lands to which the draft
approved plan of condominium
is to be located, shall be deemed
to be one lot for the purposes of
applying the provisions of the
By-law. Zoning provisions shall
apply only to the external lot
lines of the overall condominium
plan, and not to internal lot lines
resulting from the registration of
any condominium phase or
stratified severance.
b) Notwithstanding Sections 5.2.4 c), 5.7.2, and 5.7.5, the following
provisions shall apply:
i)
Tandem Parking
Tandem Parking may be
permitted at-grade.
ii)
Maximum Parking
Rate for Multiple
Dwelling, and
Dwelling Unit,
Mixed Use
In Parking Rate Area 1 (PRA 1),
1.2 spaces per unit, inclusive of
resident and visitor parking
spaces.
iii) Minimum Short-
term Bicycle
Parking for Multiple
Dwellings
0.05 spaces per unit.
iv) Minimum Long-
term Bicycle
Parking for
Multiple Dwellings
0.5 space per unit.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-723
c) Notwithstanding Section 11.1.1.1 i) 1., 11.1.3 a) i) and a) ii), b), d) i),
d) ii) and iv) C., g) v) and vii), the following regulations shall apply:
i)
Minimum Finished
Floor Elevation of any
dwelling unit
0.1 metres above grade.
ii)
Building Setback
from a street line
Shall be in accordance with
Figure No. 41 of Schedule "F" -
Special Figures.
iii)
Minimum Rear Yard
Shall be in accordance with
Figure No. 41 of Schedule "F" -
Special Figures.
iv)
Building Height
Shall be in accordance with
Figure No. 41 of Schedule "F" -
Special Figures.
v)
Height of wholly
enclosed or partially
enclosed amenity
area, or portion of a
building designed to
provide access to a
rooftop amenity area
Not greater than 4.5 metres in
vertical distance from the
uppermost point of the building to
the uppermost point of the rooftop
enclosure.
vi)
Maximum Driveway
Width
7.5 metres
vii)
Principal Entrance
Location
Shall not apply to buildings not
fronting on a public street.
viii) Percentage of two
and three bedroom
units
1. A minimum of 10.5% of the
dwelling units shall have two
or more bedrooms and an
additional minimum of 2.4% of
the dwelling units shall have
three or more bedrooms.
2. Where the application of the
requirement of Subsection c)
viii) 1. above results in a
numerical fraction, fractions
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-724
shall be rounded down to the
nearest whole number.
ix)
Minimum Setbacks
for Underground
Parking Garage
39.0 metres from the northerly lot
line as existing on the date of the
passing of this By-law.
3.0 metres from the easterly and
westerly lot lines.
2.0 metres from the southernly lot
line.
(By-law No. 24-194-OLT, November 5, 2024)
916. Within the lands zoned Settlement Residential (S1, 916) Zone, identified
on Map No. R65 of Schedule "A" - Zoning Maps and municipally
described as 1278 Old Highway 8, Flamborough, the following special
provisions shall apply:
a)
In addition to Section 12.3.1, permitted uses, excluding accessory
structures, shall be limited to the building existing at the date of the
passing of this By-law, shall be retained and adaptively reused in
accordance with Sections 12.3.2, 12.3.3 and Section b) below.
b)
Notwithstanding Subsection 12.3.3 a) b) and f), the following
provisions shall apply for the building existing on the date of the
passing of this By-law:
i)
Minimum Lot Area
0.17 hectares
ii)
Minimum Lot Width
26.9 metres
iii) Maximum Building Height
A) The building
height of the
building existing
on the date of the
passing of this
By-law.
B) Notwithstanding
Section b) iii) A)
above, a
maximum building
height of 10.5
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-725
metres shall apply
to all new
buildings.
(By-law No. 25-071, April 16, 2025)
918. For the lands zoned Low Density Residential - Small Lot (R1a, 918)
Zone, on Map Nos. 1397 and 1398 of Schedule "A" - Zoning Maps and
described as 760 Stone Church Road East, 153 and 224 Eaglewood
Drive, and 49 Eleanor avenue, the following special provisions shall
apply:
a)
Notwithstanding Section 15.2.2.1 a) d), and e) the following
regulations shall apply:
Minimum Lot Area
260.0 square metres
Minimum Setback from
a Side Lot Line
1.2 metres for a Single Detached
Dwelling, except that the minimum
interior side yard may be reduced to
0.6 metres on one side of the lot
provided the abutting lot has a
minimum side yard of 1.2 metres and
the appropriate easements for access
are created.
Minimum Setback from
a Flankage Lot Line
1.5 metres
(By-law No. 24-227, December 11, 2024)
919. Within the lands zoned Airport Related Business (M8, 919) Zone,
identified on Map Nos. 1747 and 1784 of Schedule "A" - Zoning Maps
and described as 9555 Airport Road West, Glanbrook, the following
special provisions shall apply:
a)
The lands zoned Airport Related Business (M8, 919) Zone shall be
deemed to be one lot for the purposes of applying the provisions of
the By-law, Zoning provisions shall apply only to the external lot
lines of the overall lands, not internal lot lines resulting from any
future severance of Part Lot Control.
b)
In addition to Section 9.8.1, Warehouse shall be permitted.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-726
c)
In addition to the regulations of Section 9.8.3, the following
regulations shall apply to a Warehouse:
i)
Minimum Yard
Abutting a
Residential
Zone
A)
20 metres from any portion of a
property lot line abutting a
property lot line within a
Residential Zone.
B)
In addition to Section 5.5.1 and
notwithstanding A) above, a
loading space, loading doors or
loading facilities shall be a
minimum of 70 metres from any
portion of a property lot line
abutting a property lot line within
a Residential Zone.
ii)
Maximum
Building Height
15.6 metres and in accordance with
the regulations of Section 4.17 of this
Bylaw.
iii)
Landscaped
Area
Abutting Highway No.6 - Minimum of
width of 1.0 metre.
Abutting Street 'A' - Minimum width of
3.0 metres.
(By-law No. 24-232, December 11, 2024)
920. Within the lands zoned Conservation / Hazard Land (P5, 920) Zone,
identified on Map Nos. 1747 and 1784 of Schedule "A" and described as
9555 Airport Road West Drive, the following special provisions shall
apply:
a)
Notwithstanding Section 4.23 d), all buildings or structures located
on a property shall have a minimum setback of 0.0 metres from the
east side of the Conservation / Hazard Land (P5, 920) Zone
boundary.
(By-law No. 24-232, December 11, 2024)
921. For the lands zoned Low Density Residential - Small Lot (R1a, 921)
Zone, on Map Nos. 1397 and 1398 of Schedule "A" - Zoning Maps and
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-727
described as 153 and 224 Eaglewood Drive, the following special
provisions shall apply:
a)
Notwithstanding Section 15.2.2.1 d), the following regulations shall
apply:
Minimum Setback from
a Side Lot Line
1.8 metres from the westerly lot line.
0.6 metres for the easterly lot line
provided the abutting lot has a
minimum side yard of 1.2 metres and
the appropriate easements for access
are created.
(By-law No. 24-227, December 11, 2024)
922. Within the lands zoned Community Commercial (C3, 922) Zone identified
on Map No. 1552 of Schedule "A" - Zoning Maps and described as 157
Upper Centennial Parkway, Stoney Creek, the following special
provisions shall apply:
a)
Notwithstanding Section 10.3.1.1 ii), a Dwelling Unit (s), Mixed Use
shall be permitted above the ground floor except for access,
accessory office and utility areas, and shall not occupy more than
75% of the total gross floor area of all the building(s) within the lot.
b)
Notwithstanding Section 10.3.3 i) vii), one principal entrance shall
not be required.
c)
Notwithstanding Section 5.7.4(a)(i), no electric vehicle parking
spaces shall be required.
(By-law No. 24-217-OLT, November 19, 2024)
923. Within the lands Zoned Transit Oriented Corridor - (TOC 4,923, H191),
identified on Maps No 909 of Schedule A - Zoning Maps and described
as 200 Market Street, 55 Queen Street North and 125 Napier Street, the
following special provisions shall apply:
i)
Notwithstanding the definition of Front Lot Line, the Lot Line
abutting Queen Street North shall be deemed the Front Lot Line.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-728
ii)
Notwithstanding Section 4.6 e) a balcony may project into any
required yard a maximum 1.5 metres from any building wall.
iii)
Notwithstanding Section 4.8 g) a maximum height for an accessory
building shall be 7.5 metres from average grade.
iv)
Notwithstanding Section 4.8.1.3 b), and accessory building shall
be permitted to be setback a minimum of 1.0 metres from any
property line.
v)
Notwithstanding the definition of Planting Strip, an accessory
building shall be permitted to be located within a Planting Strip.
vi)
Notwithstanding Section 11.4.1.1 and 11.4.3, d) i), (ii), (iii) and iv),
g) ii), g) iii), g) iv), g) viii) and i) the following provisions shall apply:
a)
Commercial use(s) with a minimum of 1,026 square metres
of Gross Floor Area shall be required within the ground floor
of the portion of the building with frontage required along
Queen Street North
b)
The maximum building height shall be in accordance with
Schedule "F" - Special Figure 43.
c)
The building location shall be in accordance with Schedule
"F" - Special Figure 43.
d)
For any portion of a building between 11.0 metres and 22.0
metres in height, the following special provisions shall
apply:
i)
Any building height above 11.0 metres to a maximum
of 22.0 metres may be equivalently increased as the
rear yard increases beyond 7.5 metres when abutting
a Residential or Institutional Zone.
vii)
In addition to Section 11.4.3, a minimum 25% of the total number
of residential units shall be in the form of two bedrooms or greater.
(By-law No. 24-241-OLT, December 19, 2024)
924. Within the lands zoned Conservation/Hazard Land Rural (P6) Zone,
identified on Map No. 152 of Schedule "A" - Zoning Maps and described
as 475 Powerline Road, Stoney Creek, the following special provisions
shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-729
a)
Notwithstanding Section 7.6.2.3 (a) i), one single detached
dwelling shall be permitted.
b)
Notwithstanding Section 4.6, the following regulations shall apply:
i.
A porch, deck or canopy may encroach into any required
yard to a maximum of 3.0 metres.
ii.
A balcony may encroach into any required yard to a
maximum of 3.0 metres.
c)
Notwithstanding Section 12.1.3.3 c), the following regulations shall
apply:
i.
Maximum Building Height shall be 12.0 metres.
(By-law No. 25-032, March 05, 2025)
925. Within the lands zoned Community Institutional (I2, 925) Zone, identified
on Map No. 1344 of Schedule "A" - Zoning Maps and described as 420
Crerar Drive, Hamilton the following special provisions shall apply:
a)
In addition to Section 8.2.1, a Private Club or Lodge shall also be
permitted.
b)
That Section 8.2.3.2 shall also apply to a Private Club or Lodge.
(By-law No. 25-051, March 26, 2025)
926. Within the lands zoned Transit Corridor Mixed Use Medium Density
(TOC1) Zone, identified on Map Nos. 1186 and 1240 of Schedule "A" -
Zoning Maps and described as 499 Mohawk Road East, Hamilton, the
following special provisions shall apply:
a)
Notwithstanding Section 4.6 d), 4.6 e), and 4.35 the following
regulations shall apply:
i)
Permitted Yard
Encroachments
No part of any required yard
shall be obstructed except as
follows:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-730
A) A porch, deck or canopy
may encroach into any
required yard to a
maximum of 3.0
metres.
B) A balcony may encroach
into any required yard to
a maximum of 2.0
metres.
b)
In addition to Section 11.1.1 and notwithstanding Sections 11.1.2
i), 11.1.3 a), b), c), d), and g) iii) and v), the following regulations
shall apply:
i)
A Semi-Detached Dwelling and Street Townhouse Dwelling
shall also be permitted.
ii)
Notwithstanding Section 11.1.1, the following uses are
prohibited, even as an accessory use: Drive-Through
Facility, Duplex Dwelling, Motor Vehicle Dealership, Motor
Vehicle Gas Bar, Motor Vehicle Rental Establishment,
Motor Vehicle Service Station, Motor Vehicle Washing
Establishment, and Single Detached Dwelling.
iii)
Building Setback
from a Street Line
Minimum 3.0 metres for ground
floor residential units facing a
street.
iv)
Minimum Rear
Yard
6.5 metres
v)
Minimum Interior
Side Yard
6.5 metres
vi)
Minimum
Separation
A) 3.0 metres for any portion
of a building to a maximum
of 11.0 metres in height.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-731
Distance Between
Buildings
B) 15.0 metres for any portion
of a building greater than
11.0 metres in height to a
maximum of 40.0 metres
in height to any portion of
another building greater
than 11 metres in height to
a maximum of 40 metres
in height.
C) 25.0 metres for any portion
of a building greater than
40.0 metres in height to
any portion of another
building greater than 40
metres in height.
vii)
Minimum Building
Setback from a
Property Line
In addition to the above, for the
lands identified on Figure No.
44 of Schedule F - Special
Figures minimum building
setbacks from a property line
shall be in accordance with
Figure No. 44.
viii)
Minimum Building
Stepback
For the lands identified on
Figure No. 44 of Schedule F -
Special Figures minimum
building stepbacks shall be in
accordance with Figure No. 44.
ix)
Maximum Building
Height
11 metres, except for lands
identified on Figure No. 44 of
Schedule F - Special Figures
maximum building height shall
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-732
be in accordance with Figure
No. 44.
x)
Balcony Projections
In addition to the above, a
balcony may project to a
maximum of 2.0 metres.
xi)
Maximum Floor Plate
750.0 square metres for any
portion of a building greater
than 40.0 metres in height.
xii)
Minimum Gross
Floor Area for
Commercial Uses
1,000.0 square metres.
xiii)
Percentage of
Two and Three
Bedroom Units
Within Dwelling
Unit(s), Mixed
Use and Multiple
Dwelling
A) A minimum of 23.0 percent
of the Dwelling Unit(s),
Mixed Use and Multiple
Dwellings shall be units
with two or three
bedrooms.
B) Where the application of b)
viii) A) above results in a
numeric fraction, the
fraction shall be rounded
down to the nearest whole
number.
xiii)
Percentage three
Bedroom Units
Within Dwelling
Units(s), Mixed
Use and Multiple
Dwelling
A) A minimum of 3.1 percent
of the Dwelling Unit(s),
Mixed Use and Multiple
Dwellings shall be units
with three bedrooms.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-733
B) Where the application of b)
ix) A) above results in
numeric fraction, the
fraction shall be rounded
down to the nearest whole
number.
(By-law No. 25-058-OLT, March 21, 2025)
927. Within the lands zoned Downtown Central Business District (D1, 927)
identified on Maps 953 and 995 of Schedule "A" - Zoning Maps and
described as 117 Jackson Street East, Hamilton, the following special
provisions shall apply:
a)
That notwithstanding Section 6.0 c) i) and Schedule "F" - Special
Figure No. 15 - Building Base Façade Height, a maximum building
base façade height for Catharine Street South and Jackson Street
East of 16.0 metres shall be permitted;
b)
That notwithstanding Section 6.0 c) i) and Subsection a) above, no
stepback is required from the building base façade height to a
maximum of 20% of the exterior façade for each tower;
c)
That notwithstanding Section 6.1.3.b ii) and Schedule "F" - Special
Figures No. 1, a maximum building height of 124.0 metres shall be
permitted for the easterly tower and a maximum building height of
97.0 metres shall be permitted for the westerly tower.
(By-law No. 25-105-OLT, May 15, 2025)
929. Within the lands zoned Mixed Use Medium Density (C5, 929) Zone,
identified on Map No. 954 of Schedule "A" - Zoning Maps and described
as 87 to 109 Ashley Street, Hamilton, the following special provisions
shall apply:
a)
Notwithstanding Section 5.2.1 b) and 5.2.3 as it relates to a 90
degree parking angle, the following regulations shall apply:
i)
Required Increase
in Width due to
Where a wall, column, or any
other obstruction is located
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-734
Obstruction
abutting or within any parking
space, the minimum width of a
parking space shall be
increased by 0.3 metres for
each side which is obstructed
by a wall, column, or other
obstruction. In a situation
where a wall, column, or any
other obstruction is abutting a
surface parking space on both
sides, the minimum width of a
parking space shall be
increased by 0.3 metres.
ii) Minimum Drive
Aisle Width
Parking
Angle
Degree
One-Way and Two-
Way Aisle Width
0º
3.7 m
15º
3.7 m
30º
3.7 m
45º
4.5 m
60º
5.5 m
75º
6.0 m
90º
3.0 metres subject to
the approval of a
maintenance
agreement
registered on title
with the City of
Hamilton. If no
agreement is
registered, then a
minimum driveway
width of 6.0 metres
shall be required.
b)
Notwithstanding Section 10.5.3 b) and g) vii), the following
regulation shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-735
b)
Minimum Rear Yard
Setback
4.3 metres
g) vii)
Built Form for New
Development
A principal entrance shall
be located within 11.3
metres from the front lot
line and shall be
accessible from the
street.
(By-law No. 25-063, April 16, 2025)
933. Within the lands zoned Mixed Use Medium Density (C5, 933) Zone,
identified on Map No. 954 of Schedule "A" - Zoning Maps and described
as 120 Wentworth Street North, Hamilton the following special provisions
shall apply:
a)
That notwithstanding Section 3 - Definitions, as it relates to
"Existing", for the purposes of this By-law, "Existing" shall mean
existing on the date of passing of this By-law, including the
enlargement or extension thereof, and shall include the following:
a)
The front (south) and side (west) exterior brick façades of
the 1924 Sanctuary, including its:
a.
1953 front (south) addition with its gabled front
parapet, three-bay façade with central raised
entrance with decorative door surround, and various
cast stone decorative elements throughout;
b.
Hip roofline on the side (west) elevation with the
projecting gabled central brick parapet wall; and,
c.
Round-headed window openings with brick voussoirs
throughout.
b)
That notwithstanding the permitted uses of Section 10.5.1,
only the following uses shall be permitted in conjunction
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-736
with the building existing on the date of passing of this By-
law:
Artist Studio
Catering Service
Commercial Recreation
Craftsperson Shop
Day Nursery
Dwelling Unit(s)
Emergency Shelter
Lodging House
Medical Clinic
Multiple Dwelling
Office
Personal Service (NOT FINAL & BINDING: By-law No. 24-
137, July 12, 2024)
Performing Arts Theatre
Place of Assembly
Place of Worship
Repair Service
Residential Care Facility
Restaurant
Retail
Retirement Home
Social Services Establishment
Urban Farmers Market
Veterinary Service
c)
Notwithstanding Section 10.5.3 a) i), b), c), g) vii), and i), and in
addition to 10.5.3 a), the following regulations shall apply:
a)
Building Setback from
a Street Line
i)
Minimum 2.7 metres
except 1.0 metre to the
hypotenuse of a daylight
triangle for a building with
residential units on the
ground floor.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-737
b)
Minimum Rear Yard
2.5 metres
c)
Minimum Interior Side
Yard
1.2 metres abutting a
Residential or Institutional
Zone or lot containing a
residential use.
g)
Built form for New
Development
vii) A minimum of one
principal entrance shall be
accessible from a building
façade with direct access
from the public sidewalk.
I)
Landscaped Area
Requirements
i)
Where a property lot line
abuts a property lot line
within a Residential Zone
or an Institutional Zone
and not a Laneway, a
minimum 0.3 metre wide
Landscaped Area shall be
provided and maintained.
ii)
Notwithstanding i) above,
where a parking space
abuts a property lot line
within a Residential Zone
or an Institutional Zone
and not a Laneway, no
Landscaped Area shall be
required.
(By-law No. 25-069, April 16, 2025)
935. Within the lands zoned Low Density Residential (R1, 935) Zone, identified
on Map No. 1310 of Schedule "A" - Zoning Maps and described as 255
Lewis Road, Stoney Creek, the following special provisions shall apply:
a)
Notwithstanding Section 4.35 a), the following regulation shall
apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-738
a) A minimum 40% Landscaped Area in the Front Yard
b)
Notwithstanding Section 15.1.2.3 g), the following regulation shall
apply:
g) Maximum Building Height
11.75 metres
(By-law No. 25-214, November 19, 2025)
937. Within the lands zoned Open Space (P4, 937) Zone, identified on Map
No. 869 of Schedule "A" - Zoning Maps and described as 74 Strachan
Street East, Hamilton, the following special provisions shall apply:
a)
Notwithstanding Section 7.4.1, any residential use lawfully existing
as of the passing of this By-law shall be permitted; and,
b)
Alteration or expansion of any use permitted pursuant to regulation
a) above shall be in accordance with the requirements of the Low
Density Residential (R1) Zone.
(By-law No. 25-155, August 06, 2025)
938. Within the lands zoned Major Institutional (I3, 938) Zone, identified on
Map Nos. 1046 and 1092 of Schedule "A" - Zoning Maps and described
as 785 Britannia Avenue and 384 and 390 Melvin Avenue, the following
special provisions shall apply:
a)
Notwithstanding Section 3 as it relates to the definition of "Lot", the
following shall apply:
The extent of lands zoned (I3, 938) shall be deemed one lot for the
purposes of zoning.
b)
Notwithstanding Section 4.23 d), all buildings or structures located
on a property shall have a minimum setback of 1.3 metres from a
Conservation / Hazard Land (P5) Zone boundary.
c)
Notwithstanding Section 5.3.1 c), the following regulations shall
apply:
Multiple Dwelling
Front and
Flankage Yard
Parking
Restriction
In addition to Section 5.3.1
a), on a lot containing a
Multiple Dwelling:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-739
Parking for Multiple
Dwellings may be located
between the façade and
the front lot line or between
the façade and flankage lot
line. In no case shall any
parking be located within
3.5 metres of a street line.
d)
Notwithstanding Section 8.3.1, the following use shall be
prohibited:
i)
Hospital
e)
Notwithstanding Section 8.3.1, a Multiple Dwelling shall only be
permitted on the lands identified as Block 1 on Special Figure 48
with access onto Melvin Avenue.
f)
In addition to Section 8.3.2.2 the following regulations shall apply:
i)
Minimum Front Yard
45 metres
g)
Notwithstanding Section 8.3.2.2 b) and c), and Section 8.3.2.4 e),
the following regulations shall apply:
i)
Maximum
Building Height
22.0 metres for a
Multiple Dwelling
and 11 metres for
all of other uses
identified in 8.3.2.2.
ii)
Location of
Multiple
Dwelling and
Lodging House
Shall not apply.
iii) Minimum Rear
Yard
1.2 metres, except
a building may
encroach into the
required rear yard
to a maximum of
1.0 metres for a
maximum distance
of 7.0 metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-740
(By-law No. 25-151, August 6, 2025)
939. Within the lands zoned Transit Oriented Corridor Mixed Use Medium
Density (TOC1,939) Zone, identified on Map 1393 of Schedule "A" -
Zoning Maps and described as 393 Rymal Road West, the following
special provisions shall apply:
a)
Notwithstanding Section 3 as it relates to the definition of Multiple
Dwelling, the following shall apply:
i) Multiple Dwelling
Shall mean a building or
part thereof containing
three or more dwelling
units
b)
Notwithstanding Section 5.1.1 d), Section 5.2.4, Section 5.3.1 c)
and d) and Section 5.7.1 a) iv) the following regulations shall
apply:
i)
Access Requirements
1. May be permitted
abutting a street line.
2. Tandem parking
spaces within a garage
and driveway may be
permitted and shall not
require the minimum
access aisle width,
and;
3. Access to parking may
be located on adjacent
lot/zone
ii)
Design Standards
A minimum 1.5 metre wide
landscape strip which shall
contain a visual barrier in
accordance with Section
4.19 of this By-law shall
only apply along the
eastern lot line.
iii) Minimum Required Parking
Rate
Commercial Uses
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-741
A minimum combined total
of 81 parking spaces shall
be provided, along with any
reduction that may be
required from 5.3.1 e) v)
c)
Notwithstanding Sections 11.1.1.1, 11.1.3 a) ii), b), c), d) i) and iii),
f), g) ii), g) v), g) vi), g) vii), and i) i), the following regulations shall
apply:
i)
Building Setback from a
Street Line
Maximum 4.5 metres where
a Building has frontage on
Rymal Road West, except
there shall be no maximum
for all other Buildings that
are greater than 4.5 metres
from Rymal Road West.
ii)
Minimum Rear Yard
4.0 metres
iii)
Minimum Interior Side Yard
1.
7.5 metres, except;
2.
4.0 metres along the
westerly lot lines and;
3.
0.0 metres abutting a
daylight triangle.
iv)
Building Height
1.
A minimum of 9.0
metres for the building
closest to Rymal Road
West, and a minimum
of 7.5 metres for all
other buildings.
v)
Maximum Gross Floor Area
for an Office Building
The gross floor area for an
individual Office unit shall
not exceed 500.0 square
metres.
The total combined gross
floor area of all Office uses
shall not exceed 10,000.0
square metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-742
vi)
Built Form for New
Development
1.
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.
2.
A maximum driveway
width of 14.0 metres
shall be provided and
may be provided within
another zone/lot.
3.
Parking, stacking lanes,
or aisles may be
located between stand-
alone residential
buildings and front lot
line.
vii) Visual Barrier
A visual barrier shall be
required along the easterly
lot line in accordance with
the requirements of Section
4.19 of this By-law.
(By-law No. 25-120-OLT, May 7, 2025)
940. Within the lands zoned District Commercial (C6, 940) Zone, identified on
Map 1200 of Schedule "A" - Zoning Maps and described as 645 and 655
Barton Street, Stoney Creek, the following special provisions shall apply:
a)
Notwithstanding Section 10.6.1, and in addition to Section 10.6.2,
the following uses shall be prohibited:
Child Care Centre
Dwelling Unit
Dwelling Unit, Mixed Use
(By-law No. 25-155, August 06, 2025)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-743
941. Within the lands zoned Low Density Residential - Large Lot (R2, 941)
Zone, identified on Map Nos. 1174 and 1228 and described as 140 and
164 Sulphur Springs Road, the following special provisions shall apply:
a)
Notwithstanding Section 4.23 d), the following special provision
shall
apply to Block "2" as shown on Figure 45 of Schedule "F" - Special
Figures:
i)
All buildings or structures located on a property shall have a
minimum setback of 7.5 metres from a P5 zone boundary,
except for those boundaries indicated in accordance with
Figure 45 of Schedule "F" - Special Figures.
b)
That notwithstanding Section 15.3.1, only the following uses shall
be permitted:
Community Garden
Duplex Dwelling
Single Detached Dwelling
Urban Farm
(By-law No. 26-071-OLT, April 07, 2026)
943. Within the lands zoned Mixed Use Medium Density (C5, 943) Zone,
identified on Map No. 902 of Schedule "A" - Zoning Maps and described
as 56 Hatt Street, Dundas, the following special provisions shall apply:
a)
Notwithstanding Section 10.5.1.1 1) 2., a Dwelling Unit, Mixed Use
shall not be permitted in a basement or cellar; and,
b)
Notwithstanding Section 10.5.3 d), the maximum building height
shall be 16 metres.
(By-law No. 25-155, August 06, 2025)
944. Within the lands zoned Mixed Use Medium Density (C5, 944, H205) Zone,
identified on Map No. 1394 of Schedule "A" - Zoning Maps and described
as 25 and 35 Rymal Road West, Hamilton, the following special provisions
shall apply:
d) That in addition to Section 10.5.1, and notwithstanding Section 10.5.2,
the following uses shall also be permitted:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-744
i)
Commercial Motor Vehicle Sales, Rental and Service
Establishment
ii)
Equipment and Machinery Sales, Rental and Service
Establishment
iii)
Garden Centre
iv)
Major Recreational Equipment Sales, Rental and Service
Establishment
v)
Motor Vehicle Dealership
vi)
Motor Vehicle Rental Establishment
vii)
Surveying, Engineering, Planning or Design Business
viii)
Warehouse
e) That notwithstanding Sections 10.5.3 a), b), c), d), and k), the following
regulations shall apply only to the uses listed in Subsection a):
c)
Minimum Front Yard
18.0 metres.
ii)
Minimum Rear Yard
A)
6.0 metres.
B)
Notwithstanding Subsection
b) ii) A) above, 7.5 metres
abutting a Residential or
Institutional Zone or a lot
containing a residential use.
iii)
Minimum Interior Side
Yard
A)
1.5 metres.
B)
Notwithstanding Subsection
b) iii) A) above, 4.5 metres
abutting a Residential or
Institutional Zone or a lot
containing a residential use.
iv)
Building Height
Maximum 14.0 metres
v)
Outdoor Storage
A)
No outdoor storage of
goods, materials, or
equipment shall be
permitted except the display
of goods or materials for
retail purposes accessory
to a Retail use.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-745
B)
Outdoor Storage shall not
be located within a required
parking or loading area.
C)
Outdoor Storage shall be
set back a minimum of 6.0
metres from a street line.
i) Outdoor Storage shall be
set back a minimum of
6.0
metres
from
a
Residential
or
Institutional Zone or a lot
containing a residential
use,
and
shall
be
screened by a Visual
Barrier in accordance
with Section 4.19 of this
Bylaw.
D)
Outdoor Storage attached
to a building shall not
exceed 500 square metres,
or 5% of the total Gross
Floor Area of all buildings,
whichever is lesser.
c) That notwithstanding Section 4.6 e) and Sections 10.5.3 a) iii), b) i), d)
ii) iii), and g) ii), the following regulations shall apply:
i)
Permitted Yard
Encroachments
A balcony may encroach
into any required yard, to a
maximum of 1.0 metres,
except into a required side
yard of not more than
onethird of its width or 1.0
metres, whichever is the
lesser, and shall not project
into a required rear yard.
ii)
Building Setback from a
Street Line
A maximum 13.8 metres for
that portion of a building
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-746
providing an access
driveway to a garage.
iii)
Minimum Rear Yard
A)
9.0 metres for any portion of
a building up to a maximum
Building Height of 13.0
metres.
B)
15.0 metres for any portion
of a building greater than
13.0 metres in Building
Height.
iv)
Building Height
Maximum 38.0 metres
v)
Built Form for New
Development
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 23% of the
measurement of the front lot
line.
d) That in addition to Section 10.5.3, the following regulations shall apply:
i)
Minimum Ratio of Two
and Three Bedroom Units
A minimum of 30% of
dwelling units shall contain
two or more bedrooms.
(By-law No. 25-182, October 8, 2025)
945. Within the lands zoned Mid Rise Residential - Large Scale (R4a, 945)
Zone identified on Map No. 1339 of Schedule "A" - Zoning Maps and
described as 1117 Garner Road East, Ancaster the following special
provisions shall apply:
a) Notwithstanding Sections 15.6.2.1 c) and d), the following regulations
shall apply:
c)
Minimum Setback from a Side
Lot Line
i)
2.5 metres from the
Easterly Side Lot
Line;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-747
ii)
All other Minimum
Setbacks from a Side
Lot Line shall comply
with Section 15.6.2.1
c).
d)
Minimum Setback from a Rear
Lot Line
i)
1.0 metre.
(By-law No. 25-189, October 08, 2025)
947. Within the lands zoned Transit Oriented Corridor Mixed Use (TOC4, 947)
Zone, identified on Map Nos. 1342, 1343, 1394, 1395, 1342 of Schedule
"A" - Zoning Maps and described as:
Property Address
Map Number
1379 Upper James Street
1343
1400 Upper James Street
1342 and 1343
1389 Upper James Street
1343
1405 Upper James Street
1342 and 1343
1425 Upper James Street
1342 and 1343
1441 Upper James Street
1342 and 1343
1462 Upper James Street
1342
1471 Upper James Street
1342 and 1343
1508 Upper James Street
1394
1495 Upper James Street
1394 and 1395
1505 Upper James Street
1394 and 1395
1515 Upper James Street
1394 and 1395
1508 Upper James Street
1394 and 1342
1527 Upper James Street
1394
1545 Upper James Street
1394 and 1395
1550 Upper James Street
1394
1576 Upper James Street
1394
1565 Upper James Street
1394 and 1395
1587 Upper James Street
1394
1599 Upper James Street
1394
1588 Upper James Street
1394
1694 Upper James Street and 18
Alderson Drive
1445
The following special provisions shall apply:
a)
That in addition to Section 4.12 e) i) and notwithstanding Sections
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-748
11.4.3a)i), 11.4.3 d), 11.4.3 i), 11.4.3 g) ii) and iii), and in accordance
with subsection 34(10) of the Planning Act, R.S.O., 1990, c.P.13, an
addition or alteration to a use not permitted by the by-law but
existing at the date of the passing of the by-law that increases the
volume or size 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 passing of the
by-law;
b)
That for additions to buildings existing at the date of passing of this
By-law, Sections 11.4.3 a) i), 11.4.3 d) i) and 11.4.3 g) ii), shall not
apply, and the setback of the proposed addition shall be closer to the
Street Line than the existing building.
c)
An Existing Drive Through Facility shall be permitted to be relocated
in accordance with Special Figure 50 of Schedule "F" - Special
Figures to this By-law, subject to the following requirements:
i)
A maximum of 1 Drive-Through Facility shall be permitted in
Area 2;
ii)
A maximum of 2 Drive-Through Facilities shall be permitted in
Area 3;
iii)
A maximum of 5 Drive-Through Facilities shall be permitted in
Area 4;
iv)
A maximum of 2 Drive-Through Facilities shall be permitted in
Area 5;
v)
All relocated Drive Through Facilities shall comply with Section
4.25 - Drive Through Regulations.
(By-law No. 25-187, October 08, 2025)
(By-law No. 26-052, March 04, 2026)
948. Within the lands zoned Transit Oriented Corridor Mixed Use (TOC4, 948)
Zone, identified on Map Nos. 1342, 1343, 1394, 1395, 1342, of Schedule
"A" - Zoning Maps and described as:
Property Address
Map Number
1379 Upper James Street
1343
1400 Upper James Street
1342 and 1343
1389 Upper James Street
1343
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-749
1405 Upper James Street
1342 and 1343
1425 Upper James Street
1342 and 1343
1441 Upper James Street
1342 and 1343
1462 Upper James Street
1342
1471 Upper James Street
1342 and 1343
1508 Upper James Street
1394
1495 Upper James Street
1394 and 1395
1505 Upper James Street
1394 and 1395
1515 Upper James Street
1394 and 1395
1508 Upper James Street
1394 and 1342
1527 Upper James Street
1394
1545 Upper James Street
1394 and 1395
1550 Upper James Street
1394
1576 Upper James Street
1394
1565 Upper James Street
1394 and 1395
1587 Upper James Street
1394
1599 Upper James Street
1394
1588 Upper James Street
1394
1694 Upper James Street and 18
Alderson Drive
1445
a)
That notwithstanding Section 11.4, for the purposes of this special
exception, the title and explanatory note shall read as follows:
Transit Oriented Corridor Mixed Use High Density (TOC4) Zone
Explanatory Note: The TOC4, 948 Zone is a modified Transit
Oriented Corridor Mixed Use High Density (TOC4) Zone that
may be applied beyond the Centennial Sub-Regional Service
Node, along arterial roads that function or are planned to
function as a higher order transit corridor, thereby providing
further residential intensification opportunities through a mixture
of service commercial, retail, and residential uses in standalone
or mixed use buildings. The intent of the built form requirements
is to create complete streets that are transit supportive and will
provide for active and pedestrian oriented streets.
b)
That in addition to the permitted uses of Section 11.4.1 Permitted
Uses, the following additional use shall be permitted:
Multiple Dwelling
c)
That Sections 11.4.1.1 and 11.4.3 d) iii) and iv) shall not apply.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-750
d)
That notwithstanding Sections 11.4.3 a), 11.4.3 b), and 11.4.3 c), the
following regulations shall apply:
a) Building
Setback
From a
Street Line
i)
Maximum 4.5 metres, except
where a visibility triangle is
required for a driveway access;
ii)
In addition to Subsection i)
above, the minimum setback
from a street line shall be 6.0
metres for any portion of a
building exceeding 14.0 metres
in height;
iii) Notwithstanding Subsection i)
above, a minimum setback of 6.0
metres for that portion of a
building providing an access
driveway to a garage; and,
iv) Where a building(s) exists and
complies with Subsection 11.4.3
g)
ii)
and
iii),
additional
buildings(s) constructed on the
lot shall not be subject to
Subsections i) and iii) above as it
relates to setback from a lot line.
b) Minimum
Setback
From the
Rear Lot
Line
i)
7.5 metres for the first 14.0
metres in height of a building;
ii)
14.0 metres for any portion of the
building exceeding 14.0 metres
in height; and,
iii) In the case of a corner lot where
a rear lot line is abutting a street
line,
the
requirements
of
Subsection a) above shall apply.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-751
c) Minimum
Setback
From a Side
Lot Line
For lots abutting a Low Density
Residential
(R1),
Low
Density
Residential - Small Lot (R1a), Low
Density Residential - Large Lot (R2),
Neighbourhood Institutional (I1), or
Community Institutional (I2) Zone, or
where windows of a Habitable Room
face a side lot line:
i)
7.5 metres for the first 14.0
metres in height of a building;
and,
ii)
10.0 metres for any portion of the
building exceeding 14.0 metres
in height.
e)
In addition to Section 11.4.3 - Regulations, the following new
regulations shall apply:
i)
Minimum
Distance
Between
Buildings on
a Lot
a)
Between two exterior walls
which contain no windows
to a habitable room:
6.0 metres
b)
Between two exterior walls,
at least one of which
contains windows to a
habitable room:
1) For any portion of the
building equal to or less
than 14.0 metres in
height.
15.0 metres
2) For any portion of the
building exceeding 14.0
metres in height.
20.0 metres
ii) Minimum
Landscaped
Area
30% of the Lot Area;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-752
(By-law No. 25-187, October 08, 2025)
(By-law No. 26-052, March 04, 2026)
949. Within the lands zoned Airport Prestige Business (M11, 949, H37, H209)
Zone, identified on Map Nos. 1670, 1671, 1710 and 1711 of Schedule "A"
- Zone Maps and described as 2876 Upper James Street, the following
special provisions shall apply:
a)
Notwithstanding Section 4.23(d), the following regulation shall
apply:
i)
Setback from a
Conservation/Hazard
Land (P5) Zone,
Conservation/Hazard
Land Rural (P7) Zone
and
Conservation/Hazard
Land Rural (P8) Zone
All buildings or structures
located on a property shall
have a minimum setback
of 6.0 metres from a P5,
P7,
and
P8
Zone
boundary.
b)
Notwithstanding Section 9.11.3 a), the following regulations shall
apply:
i)
Minimum Lot Area
2300.0 square metres
c)
Sections 9.11.3 c) ii) and iii) and k) i) shall not apply.
(By-law No. 26-023-OLT, November 14, 2025)
950. Within the lands zoned Conservation/Hazard Land (P5, 950, H37, H209)
Zone, identified on Map Nos. 1670, 1671, 1710, and 1711 of Schedule "A"
- Zone Maps and described as 2876 Upper James Street, the following
special provisions shall apply:
a)
In addition to Section 7.5, permitted Flood and Erosion Control
Facilities shall be separated from an abutting lot zoned
Conservation/Hazard Land (P5) Zone by a minimum of 7.5 metres.
(By-law No. 26-023-OLT, November 14, 2025)
951. Within the lands zoned Mixed Use Medium Density - Pedestrian Focus
(C5a, 951) Zone, identified on Map Nos. 1934 and 1935 of Schedule "A" -
Zoning Maps and described as 2640, 2646, and 2654 Binbrook Road,
Glanbrook, the following special provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-753
a) That in addition to Section 10.5a.1, a Multiple Dwelling Townhouse
shall also be permitted.
b) That notwithstanding Sections 10.5a.3 b), 10.5a.3 c), 10.5a.3 d) ii) and
iii), 10.5a.3 h) vi), 10.5a.3 h) x), and Section 10.5a.3 (l), the following
regulations shall apply:
i)
Minimum Rear Yard
6.0 metres
ii)
Minimum Side Yard
A)
1.2 metres abutting a
Residential or Institutional
Zone or lot containing a
residential use;
B)
Notwithstanding A)
above, where the rear
façade of a building faces
a side lot line, a minimum
side yard of 6.0 metres
shall be required.
iii) Maximum Building Height
12.0 metres
iv) Built form for New
Development
A)
Subsection 10.5a.3 h) vi)
shall not apply to
residential uses; and,
B)
The first storey of
buildings or portions
thereof containing
residential uses shall
have a minimum height of
3.0 metres and a
maximum height of 4.0
metres. The first storey of
buildings or portions
thereof containing
commercial uses shall
have a minimum height of
3.6 metres and a
maximum height of 4.5
metres.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-754
v)
That Section 10.5a.3 (l) shall
not apply.
c) That in addition to Section 10.5a.3, the following regulations shall apply:
i)
Minimum Gross Floor Area
for Commercial Areas
A minimum Gross Floor
Area of 200.0 square
metres shall be required
for a building facing the
Street
(By-law No. 26-051, March 04, 2026)
952. Within the lands zoned Mixed Use Medium Density (C5, 952) Zone,
identified on Map No. 947 of Schedule "A" - Zoning Maps and described
as 1570 Main Street West, Hamilton, the following special provisions shall
apply:
a)
That Notwithstanding Section 3 - Definitions, as it relates to Lot Line
- Front, Main Street West shall be deemed the front lot line.
b)
That Notwithstanding Subsection 4.6 b) and d) and in addition to
Section 4.6 the following regulations shall apply:
i)
An exterior staircase may encroach into any required yard to
a maximum of 1.0 metre.
ii)
A porch, deck or canopy may encroach into any required yard
to a maximum of 1.0 metre.
iii)
An attached concrete planter box may encroach into a
required front yard to a maximum of 1.0 metre.
c)
That notwithstanding Subsection 5.5.1 a) iii), the following
regulations shall apply:
The location of loading doors and associated loading facilities shall
be permitted in a yard abutting a Residential Zone or an Institutional
Zone, shall be a minimum of 6.0 metres from the northerly lot line
and shall be screened from view by a Visual Barrier that is in
accordance with Section 4.19 of this By-law.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-755
d)
That notwithstanding Subsections 10.5.3 a) i), 10.5.3 b) i), 10.5.3 d)
ii), iii), 10.5.3 h) i), ii), and 10.5.3 i), the following regulations shall
apply:
i)
Building Height
ii) Maximum 38.5 metres
ii)
Minimum Rear Yard
9.0 metres
iii) Minimum Amenity Area for
Dwelling Units and
Multiple Dwellings
Minimum of 4.0 square
metres per unit shall be
provided.
iv) Planting Strip
Requirements
Minimum of 1.3 metres
shall be provided along the
northerly property line
which shall also contain a
Visual Barrier in
accordance with Section
4.19 of this By-law.
(By-law No. 25-231, December 10, 2025)
953. Within the lands zoned Agriculture (A1, 953, H218) Zone, identified on Map
Nos.1526,1527,1571 and 1572 of Schedule "A" - Zoning Maps and
described as 2018 Wilson Street West, Ancaster the following special
provisions shall apply:
a) Notwithstanding Section 3: Definitions, the following shall apply:
Place of Assembly
Shall mean a building or part
of a building used for social,
literary,
cultural,
political,
educational, or recreational
purpose
in
relation
with
agricultural uses and may
include
small
scale
rural
weddings and events and
accessory food and/or drink
services, but shall not include
a Banquet Hall, a Commercial
Entertainment establishment,
Conference or Convention
Centre
or
a
Labour
Association Hall.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-756
b) In addition to Section 5.7.1 vi., the following shall be permitted:
Minimum
Required
Parking
Rate - Place of Assembly and
Agritourism Combined
1 space per 33.0 square
metres of gross floor area.
c) In addition to Section 12.1.3.2 a), the following use shall also be
permitted:
a)
Uses
Permitted
as
Secondary to Agriculture
Place of Assembly.
d) In addition to Section 12.1.3.2 b), c), d) and 12.1.3.2, and
notwithstanding Section 12.1.3.2 e), the following regulations shall
apply to uses identified as Place of Assembly and Agritourism:
i)
Maximum
Combined
Gross Floor Area - Place
of
Assembly
and
Agritourism
The
maximum
combined
gross floor area for buildings
and structures devoted to the
Place
of
Assembly
and
Agritourism uses including
outdoor patios and pavilions
shall not exceed 1,091 square
metres.
ii)
No outdoor tents or marquees for events shall be permitted.
iii)
A visual barrier shall be provided within 3.0 metres of the north
and east side of any parking area and the north and west side
of any Place of Assembly structure.
vi)
That any associated, building, structure, landscaping and
private servicing which accommodates the Place of Assembly
be located in accordance with Special Figure 53 of Schedule
"F" - Special Figures to this By-law.
vii) That an additional private septic system be located in
accordance with Special Figure 53 of Schedule "F" - Special
Figures to this By-law.
(NOT FINAL AND BINDING, By-law No. 26-119
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-757
956. That the Airside Industrial (M7) Zone regulations, as contained in Section
9.7 of Zoning By-law No. 05-200, are modified to include the following
regulations for the lands zoned Airside Industrial (M7,956), Modified:
a)
In addition to the uses contained in Section 9.7.1, the following uses
shall be permitted within the Airside Industrial (M7,956), Modified
Zone:
i)
Aquaponics
ii)
Building and Lumber Supply Establishment
iii)
Building or Contracting Supply Establishment
iv)
Computer, Electronic & Data Processing Establishment
v)
Educational Establishment
vi)
Equipment and Machinery Sales, Rental and Service
Establishment
vii)
Greenhouse
viii)
Industrial Administrative Office
ix)
Laboratory
x)
Labour Association Hall
xi)
Motor Vehicle Dealership
xii)
Motor Vehicle Rental Establishment
xiii)
Repair Service
xiv)
Surveying, Engineering, Planning or Design Business
xv)
Trade School
xvi)
Tradesperson's Shop
b)
Notwithstanding Section 5.5.1 a) i), loading doors, loading facilities,
and parking spaces shall be permitted within a front yard.
(By-law No. 25-192-OLT, August 25, 2025)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-758
957. Within the lands zoned Mixed Use Medium Density (C5, 957, H213) Zone,
identified on Map Nos. 1000 and 1044 of Schedule "A" - Zoning Maps and
described as 70 Hope Avenue, Hamilton, the following special provisions
shall apply:
a)
Notwithstanding Section 5.2.4 (a) the following regulations shall
apply:
i)
Access to parking may be provided via the municipal laneway
opened by By-law No. 9746.
ii)
The adjacent laneway opened by By-law No. 9746 may be
used as an access driveway for parking.
iii)
Ingress and egress of vehicles from a Parking Lot to the
municipal laneway opened by By-law No. 9746 is not
required to be provided in a forward motion only.
b)
Notwithstanding Sections 5.3.1 (a)(i) and (ii), the following
regulation shall apply:
i)
Parking spaces and aisles, giving direct access to abutting
parking spaces, excluding driveways extending directly from
the street, shall be permitted 0.0 metres from the municipal
laneway opened by By-law No. 9746, and no planting strip is
required between the municipal laneway opened by By-law
No. 9746 and the said parking spaces or aisle.
c)
In addition to Section 10.5.1, the following use shall also be
permitted:
i)
Multiple Dwelling Townhouse
d)
Notwithstanding Section 10.5.1 and in addition to Section 10.5.2 the
following uses shall be prohibited:
i)
Commercial Entertainment
ii)
Commercial Recreation
iii)
Conference or Convention Centre
iv)
Financial Establishment
v)
Funeral Home
vi)
Hotel
vii)
Microbrewery
viii)
Motor Vehicle Gas Bar
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-759
ix)
Motor Vehicle Service Station
x)
Motor Vehicle Washing Establishment
xi)
Transportation Depot
e)
In addition to Section 10.5.3, the following regulations shall apply:
i)
The total maximum gross floor area of non-residential uses
shall be 225.0 square metres.
ii)
A Multiple Dwelling Townhouse use shall be subject to the
following additional regulations:
A. Dwelling Unit
Arrangement
Not more than eight (8)
Dwelling Units shall be
attached in a continuous
row.
B. Minimum Unit Width for
each Dwelling Unit
i)
6.0 metres where the
Dwelling Unit
contains a garage;
and,
ii)
5.0 metres where the
Dwelling Unit does
not contain a garage.
C. Minimum Setback from
Hope Avenue
3.0 metres.
D. Minimum Distance
Between Buildings on a
Lot
i)
Between two exterior
walls which contain
no windows to a
Habitable Room: 3.0
metres;
ii)
Between two exterior
walls, at least one of
which contains
windows to a
Habitable Room: 6.0
metres; and,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-760
iii) Between two exterior
walls, both of which
contain windows to a
Habitable Room: 12.0
metres.
E. Pedestrian Accesses
Any ground floor Dwelling
Unit adjacent to a yard
abutting a street must
have a minimum of one
pedestrian entrance which
is located in a façade
facing a street.
F. Maximum Height of a
Principal Pedestrian
Entrance
The height of the floor
level of any principal
pedestrian entrance shall
be a maximum of 1.2
metres above grade.
G. Waste Storage
Outdoor waste storage
shall be fully enclosed
and shall not be located in
the front yard.
f.
Notwithstanding Sections 10.5.3 a) ii) and iii), c), and d) ii), the
following regulations shall apply:
a) Maximum Building Setback from
a Street Line
8.0 metres
b) Minimum Interior Side Yard
5.0 metres to the
easterly side lot line and
1.5 metres to the
westerly side lot line.
c) Building Height
Maximum 14.0 metres.
(By-law No. 26-013, January 21, 2026)
958. Notwithstanding the regulations contained in Sections 4 and 5 and
Subsection 6.3.3 of this By-law, within the lands zoned Downtown Mixed
Use (D3, 958) Zone, identified on Map 952 of Schedule "A" to By-law No.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-761
05-200 and described as 163 Jackson Street West, the following special
provisions shall apply:
A. REGULATIONS
a) Building Setbacks
i.
No portion of any building
or structure erected or used
above established grade is
located
otherwise
than
wholly within the heavy
lines
on
Schedule
'B'
attached
hereto
and
forming part of this By-law,
with the exception of the
following which shall be
permitted
despite
restrictions on height as
established by subsection
b):
Cornices,
light
fixtures,
ornamental
elements,
parapets, patios, trellises,
balconies, terraces, eaves,
window sills, architectural
flutes,
pillars,
planters,
ventilation
shafts,
elements, required for the
functional operation of a
building,
guardrails,
balustrades, seating area,
railings,
retaining
walls,
stairs, stair towers and
enclosures,
doors,
wheelchair ramps, fences,
screens,
decorative/acoustic doors
and screens, site servicing
features,
awnings
and
canopies, and other minor
features,
pergolas,
landscape features, solar
panels
and
equipment,
window
washing
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-762
equipment, terraces and
balcony
dividers
and
guards may project beyond
heavy
lines
shown
on
Schedule 'B', attached to
this By-law.
b) Building Height
i.
No portion of any building
or structure on the lot shall
have a height in metres
greater than the height
limits
specified
by
the
numbers following the letter
H on Schedule 'B' attached
to and forming part of this
Bylaw, expect for:
Roof
assembly,
lighting
rods,
eaves,
canopies,
cornices, lighting fixtures,
awnings, fences and safety
railings,
guard
rails,
architectural
features,
parapets, trellises, bollards,
balustrades, window sills,
window
washing
equipment,
privacy
screens,
architectural
screens,
guardrails,
pergolas,
stairs,
stair
towers
and
enclosures,
ventilation
or
cooling
equipment
such
as
chimneys, vents, stacks,
flues,
and
air
intakes,
antennas, satellite dishes,
cellular arrays, terraces,
platforms,
terraces
and
balcony
dividers
and
guards,
planters,
emergency
generator,
architectural
elements,
public art features, roof
drainage,
green
roof
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-763
elements,
roof
access
hatches, elevator roof of
the
building
used
for
outside
or
open
air
recreation, safety or wind
protection purposes.
c) Parking
Requirements
Parking for a Multiple Dwelling
or within a mixed use building
shall be provided on the basis
of:
i.
Dwelling units less than
50.0
square metres
in
gross
floor
area
shall
provide 0 spaces per unit
for units 1-12 and for 0.3
spaces per unit for units
13+.
ii.
Dwelling units greater than
50.0
square metres
in
gross
floor
area
shall
provide 0 spaces per unit
for units 1-12, 0.5 spaces
per unit for units 13-50 and
0.66 for units 51+.
iii. Dwelling units with 3 or
more
bedrooms
shall
provide 0 spaces per unit
for units 1-12 and 0.3
spaces per unit for units
13+.
iv. No parking for permitted
commercial uses.
d) Amenity Area
i.
Minimum Amenity of 1,145
square metres including
424
square
metres
of
indoor residential amenity
and 721 square metres of
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-764
outdoor
residential
amenity.
e) Bicycle Parking
i.
A minimum of 238 bicycle
parking spaces shall be
provided.
(By-law No. 26-001-LPAT, February 21, 2020)
959. Within the lands zoned Conservation/Hazard Land (P5, 959) Zone,
identified on Map Nos. 1909 and 1910 of Schedule "A" - Zoning Maps and
described as 2655 Fletcher Road, Glanbrook, the following special
provisions shall apply:
a)
Section 4.23 d) shall not apply.
b)
In addition to Section 7.5.1 - Permitted Uses of this By-law, on those
lands zoned Conservation/Hazard Land (P5, 959) Zone, the
following uses shall also be permitted:
i. Permitted Uses
Recreation and surface parking
only ancillary to an Educational
Establishment
(By-law No. 26-031, February 11, 2026)
960. Within the lands zoned Low Density Residential (R1, 960) Zone,
identified on Map No. 1287 of Schedule "A" - Zoning Maps and described
as 974 and 980 Upper Paradise Road, Hamilton, the following special
provisions shall apply:
a)
That in addition to Section 15.1.1, a Multiple Dwelling Townhouse
shall also be permitted.
b)
That in addition to Section 15.1.2 the following regulations shall
apply to a Multiple Dwelling Townhouse:
i)
Dwelling Unit
Arrangement
Not more than eight (8)
Dwelling Units shall be
attached
in
a
continuous row.
ii)
Minimum Unit
Width for each
Dwelling Unit
5.5 metres;
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-765
iii)
Minimum Setback
from a Street Line
4.0 metres;
iv)
Minimum Setback
from a Side or Rear
Lot Line
i)
For the first 25.0
metres measured
from
the
intersection of the
lot
line
and
a
street: 1.2 metres
if the wall contains
no windows to a
Habitable
Room
and 6.5 metres if
the wall contains
windows
to
a
Habitable Room;
and,
ii)
Beyond
25.0
metres measured
from
the
intersection of the
lot
line
and
a
street: 6.5 metres.
v)
Minimum Distance
Between Buildings
on a Lot
i)
Between
two
exterior
walls
which contain no
windows
to
a
Habitable Room:
3.0 metres;
ii)
Between
two
exterior walls, at
least one of which
contains windows
to
a
Habitable
Room: 6.0 metres;
and,
iii) Between
two
exterior walls, both
of which contain
windows
to
a
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-766
Habitable
Room:
12.0 metres.
vi)
Maximum
Building Height
12.0 metres
vii)
Built Form for
New Development
Rooftop
mechanical
equipment shall be
located
and/or
screened from view
of
any
abutting
street.
viii) Minimum
Landscaped Area
30% of the Lot
Area;
ix)
Minimum Amenity
Area per Dwelling
Unit
i)
5.0 square metres
per Dwelling Unit,
which
may
be
provided
in
a
communal
area,
exclusive
to
the
Dwelling Unit or a
combination
of
both; and,
ii)
In addition to the
definition of
Amenity Area, an
Amenity Area shall
be
located
outdoors shall be
unobstructed
and
shall be at or above
the surface, and
exposed to light
and air and may
include
balconies
and patios.
x)
Location of
Parking
No parking spaces
shall
be
located
between a Façade
and the Front Lot
Line, except that
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-767
parking shall be
permitted
on
individual
driveways leading
to garages forming
part of a Dwelling
Unit.
xi)
Maximum Number
of Vehicular
Accesses on a Lot
One access
driveway.
xii)
Maximum Height of a
Principal Pedestrian
Entrance
The height of the
floor level of any
principal
pedestrian
entrance shall be a
maximum of 1.2
metres
above
Grade.
xiii) Waste Storage
Outdoor
waste
storage shall be
fully enclosed and
shall not be located
in the front yard.
(By-law No. 26-078, April 22, 2026)
962. Within the lands zoned Low Density Residential (R1, 962) Zone, identified
on Map Nos. 1310, 1311, 1363, and 1364 of Schedule "A" - Zone Maps
and described as 286 Lewis Road, the following special provisions shall
apply:
a) Notwithstanding Sections 4.6 d), e) and f), the following regulations
shall apply:
d) i)
A porch, deck or canopy may encroach into any required
yard to a maximum of 3.0 metres; and,
ii) A minimum setback of 0.3 metres shall be provided from an
unenclosed porch or deck to the hypotenuse of a daylight
triangle.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-768
e) A balcony may encroach into a required front yard a maximum
of 2.0 metres, and may encroach into a required rear yard a
maximum of 3.0 metres; and,
f)
A bay window or alcove, without foundation, may encroach into
any required yard to a maximum of 0.9metres. No such feature
shall have a width greater than3.0 metres;
b) Notwithstanding Sections 4.23 d) the following regulations shall apply:
d)
Setback from a
Conservation/Hazard
Land (P5) Zone
All buildings and structures located
on a property shall have a minimum
setback of 1.2 metres from a P5 Zone
boundary, which is determined by
flood and fill line mapping as
prepared
by
the
Conservation
Authority having jurisdiction and
amended from time to time.
c) Sections 4.35 a) and b) shall not apply:
d) That notwithstanding Sections 15.1.2.3 a), c), e), f), g) and h), and in
addition to Section 15.1.2.3 d), the following regulations shall apply:
a)
Minimum Lot Area for
each Dwelling Unit
160.0 square metres for each
dwelling unit.
c)
Minimum Setback
from the Front Lot
Line
4.5 metres, except for 5.8 metres
to an attached garage.
d)
Minimum Setback
from a Side Lot Line
0.5 metres from the hypotenuse
of a daylight triangle.
e)
Minimum Setback
from a Flankage Lot
Line
2.3 metres.
f)
Minimum Setback
from a Rear Lot Line
6.0 metres.
g)
Maximum Building
Height
13.5 metres.
(By-law No. 26-020-OLT, January 12, 2026)
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-769
963. Within the lands zoned Major Institutional (I3, 963) Zone identified on Map
No. 1308 of Schedule "A" - Zoning Maps and described as 861 Highway
No. 8, Stoney Creek, the following special provisions shall apply:
a)
Notwithstanding Section 4.8.2 a) and b), for an Accessory Building,
the following regulations shall apply:
i)
Building Setback from a Side
Lot Line
Minimum 1.8 metres
b)
Notwithstanding Section 5.2.1 a), the following regulations shall
apply:
i)
Minimum Parking Space
Dimensions
Unless permitted by
another regulation in this
By-law, parking space
sizes shall be a minimum
of 2.75 metres in width
and 5.8 metres in length.
c)
In addition to Section 8.3.1, Dwelling Unit(s) shall also be permitted.
d)
Notwithstanding Sections 8.3.2.1 b) and d), the following regulations
shall apply:
i)
Minimum Easterly Side Yard
A. 3.0 metres
B. 10.0 metres for
any portion of
the Building
greater than 4.2
metres in height;
C. A maximum of
45% of the wall
of the principal
Building facing
the easterly Side
Lot Line is
permitted to be
setback less
than 10.0
metres, but in no
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-770
case less than
4.5 metres.
ii.
Minimum Westerly Side Yard
11.0 metres
iii.
Maximum Building Height
23.0 metres
e)
In addition to Section 8.3.2.1, the following regulations shall apply:
i)
Location of Dwelling Unit(s)
and Multiple Dwelling
A Dwelling Unit(s) and
Multiple Dwelling shall
only be permitted in the
same building as a Long
Term Care Facility.
(By-law No. 26-069, April 01, 2026)
964. Within the lands zoned Mixed Use Medium Density (C5, 964, H215) Zone,
identified on Map Nos. 1312 and 1313 of Schedule "A" - Zoning Maps and
described as 1400 South Service Road, the extent and boundaries of "Part
B" which are shown on Schedule "A" to this Bylaw, the following special
provisions shall apply:
a)
Notwithstanding Subsection 10.5.3 c), the minimum required interior
side yard shall be 4.5 metres.
b)
Notwithstanding Subsection 10.5.3(d) the maximum building height
shall be 56.0 metres, in accordance with Schedule "B" of this by-law
c)
Notwithstanding Section 10.5.1, a Multiple Dwelling shall be
permitted in Part 'B' on Schedule "A" to this By-law, with the
construction of a minimum of 2,750 square metres of nonresidential
uses in the M3 404 zone, as shown in Part 'B' on Schedule "A" to
this By-law.
d)
Notwithstanding Section 10.5.3 g) the Built form for New
Development provisions shall not apply.
(By-law No. 26-025-OLT, July 22, 2025)
968. Within the lands zoned Neighbourhood Commercial (C2, 986) Zone,
identified on Map No. 912 of Schedule "A" - Zoning Maps and described
as 273, 277, and 279 East Avenue North, Hamilton, the following special
provisions shall apply:
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-771
a) That notwithstanding Section 3 as it relates to the definitions of
Dwelling Unit, Mixed Use and Residential Care Facility, the following
definitions shall apply:
Dwelling Unit, Mixed Use
Shall mean a room or suite of
rooms used or intended to be
used by one or more persons
living
together
as
one
household, in which cooking
and sanitary facilities are
provided for the exclusive use
of the household, and to
which
an
independent
entrance is provided from
outside the building or from a
common
interior
hallway,
vestibule, or stairway and
may be located in the same
building as a non-residential
use
or
Residential
Care
Facility permitted in the zone.
Residential Care Facility
Shall mean a group living
arrangement within a building
for
supervised
residents
where
supports
and/or
services are provided on site,
and may:
a) House residents referred
to the facility by a hospital,
court,
or
government
agency; and,
b) Be a facility licensed,
funded, and approved by a
contract or agreement with
the Federal, Provincial or
Municipal Governments.
A residential care facility
shall
not
include
an
emergency
shelter,
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-772
lodging house, corrections
residence, or correctional
facility.
b) That notwithstanding Section 5.2.3 a) as it relates to a 60 degree
parking angle and 5.7.3, the following regulation applies:
i)
Minimum Drive Aisle Width
Shall not apply to 60 degree
Parking Spaces.
ii)
Minimum
Accessible
Parking Rate
A minimum of 1 accessible
parking
space
shall
be
provided on the lot.
c) That in addition to Section 10.2.1, a Residential Care Facility shall
also be permitted.
d) In addition to Section 10.2.3 c) and notwithstanding Sections 10.2.3
d) and j), the following regulations shall apply:
i)
Minimum Interior Side Yard i)
3.0 metres for any portion of a
building greater than 11.0
metres in building height
abutting a Residential or
Institutional
Zone
or
lot
containing a residential use.
ii)
Building Height
i)
Maximum 12.5 metres; and,
ii) 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
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-773
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 20% of the
floor area of the 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,
except
enclosed stairs shall
be a minimum of 0.0
metres; 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 4.0
metres
in
vertical
distance
from
the
uppermost point of the
building
to
the
uppermost point of the
rooftop enclosure.
THE CITY OF HAMILTON
SCHEDULE "C": SPECIAL EXCEPTIONS ZONING BY-LAW
May 13, 2021
C-774
iii) Planting Strip
Where a property lot line
abuts a property lot line within
a Residential Zone or an
Institutional Zone and not a
Laneway, a minimum 1.2
metre wide Planting Strip
shall
be
provided
and
maintained.
(NOT FINAL AND BINDING, By-law No. 26-120, July 15, 2026)