For lands municipally known as 405 James Street North, City of Hamilton
Ordered under section 47 of the Planning Act

As permitted by section 47 of the Planning Act, for lands in the City of Hamilton in the Province of Ontario as described in Appendix “A” (the “subject lands”), I hereby order as follows:

1. Definitions

  1. In this order,

    “end wall” means the two narrowest exterior main walls of a building, but does not include exterior stairs;

    “grade” means, with reference to the height of a building or structure, wherever curb level has been established, the average elevation of curb level opposite the highest point of the building or structure, on a line perpendicular to the street line;

    “zoning by-law” means zoning by-law no. 05-200 of the City of Hamilton.

2. General zoning provisions

  1. By-law no. 6593 of the former City of Hamilton does not apply to the subject lands.
  2. The zoning by-law shall apply to the subject lands.
  3. For the purposes of this order, the subject lands shall be treated as a single lot.

3. Permitted uses

  1. Every use of land and every erection, location, or use of any building or structure is prohibited on the subject lands, except for the following uses:
    1. The uses permitted in the Transit Oriented Corridor Multiple Dwelling 
      (TOC 3) Zone of the zoning by-law.
    2. Multiple dwelling townhouse.
  2. A multiple dwelling that is permitted in the Transit Oriented Corridor Multiple Dwelling (TOC 3) Zone of the zoning by-law may include the following uses:
    1. Artist studio.
    2. Catering service.
    3. Commercial school.
    4. Communications establishment.
    5. Craftsperson shop.
    6. Child care centre.
    7. Financial institution.
    8. Medical clinic.
    9. Office.
    10. Performing arts theatre.
    11. Personal services.
    12. Restaurant.
    13. Retail.
    14. Social services establishment.
    15. Tradesperson’s shop.

4. Zoning requirements

  1. The Transit Oriented Corridor Multiple Dwelling (TOC 3) Zone requirements set out in section 11.3.2 of the zoning by-law apply to the subject lands with the following exceptions:
    1. The minimum building setback from a street line is 2 metres and 1 metre back from the hypotenuse drawn from the following dimensions at the following corners of the subject lands:
      1. At the corner of Ferrie Street West and MacNab Street North, 4.6 metres from the corner along each street.
      2. At the corner of Ferrie Street West and James Street North, 4.4 metres from the corner along each street.
      3. At the corner of Strachan Street West and James Street North, 12.2 metres along Stratchan Street West and 12 metres along James Street North.
      4. At the corner of MacNab Street North and Strachan Street West, 4.6 metres from the corner along each street.
    2. The maximum building height is 14 metres from grade.
    3. For any multiple dwelling building fronting onto James Street North:
      1. One such building is permitted to have a maximum building height of 71 metres from grade,
      2. Two such buildings are permitted to have a maximum building height of 44 metres from grade, and
      3. For any additional buildings, the building height restriction in clause (b) applies.
    4. There shall be a minimum of 3 square metres of amenity area per unit for a multiple dwelling building exceeding 45 metres in height.
    5. The following building separation requirements apply if there is more than one multiple dwelling building or multiple dwelling townhouse on the same lot:
      1. The minimum distance between end walls of multiple dwelling townhouses is 3 metres.
      2. The minimum distance between a multiple dwelling building and a multiple dwelling townhouse is 12 metres.
      3. The minimum distance between the rear wall of a multiple dwelling townhouse and the front wall of a multiple dwelling townhouse is 10 metres.
      4. The minimum distance between multiple dwelling buildings is 18 metres.
      5. Any garbage enclosure, balcony, terrace or private patio or similar structures may encroach by 2 metres into the required building separation.
    6. 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:
      1. The total 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 per cent of the floor area of the storey directly beneath.
      2. 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 point of the rooftop enclosure.
    7. Garbage enclosures may encroach by a maximum of 1.5 metres into any required yard abutting a street line.
    8. Garbage enclosures shall be located a minimum of 4 metres from James Street North and shall be screened from view.
    9. No parking spaces, including accessible parking spaces, are required for multiple dwelling townhouses.
    10. Two parking spaces for each 100 square metres of the gross floor area in excess of 450 square metres are required for a medical office.
    11. One parking space for each 125 square metres of gross floor area in excess of 450 square metres is required for a child care centre.
    12. One accessible parking space shall be provided per multiple dwelling building.
    13. Long-term bicycle parking shall be 0.3 spaces per dwelling unit.
    14. Electric mobility device parking spaces may be included in the total number of long-term bicycle parking spaces.
    15. Exterior stairs, porches, ventilation shafts, gas meters, transformers, ramps, canopies, bike rings, mechanical apparatuses or other similar mechanical equipment may encroach into any required yard without restriction.
    16. A residential care facility is not required to be within a fully detached residential building.

5. Implementation provisions

  1. This order is deemed for all purposes, except the purposes of section 24 of the Planning Act, to be a by-law passed by the council of the City of Hamilton.
  2. Policy statements issued under subsection 3(1) of the Planning Act, provincial plans, and official plans do not apply in respect of a licence, permit, approval, permission or other matter required before a use permitted by this order may be established on the lands subject to this order.
  3. This order comes into force on the day it is made.

In-effect date

Dated at Toronto this 9 day of December, 2025.

Original signed by Hon. Robert J. Flack, Minister of Municipal Affairs and Housing

Original zoning order and appendix A

View the signed original, including map of the subject lands.