Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 447/20

ZONING ORDER - CITY OF hamilton

Consolidation Period:  From December 6, 2024 to the e-Laws currency date.

Last amendment: 494/24.

Legislative History: 494/24.

This Regulation is made in English only.

Definitions

1. In this Order,

“zoning by-law 05-200” means zoning by-law 05-200 of the City of Hamilton;

“zoning by-law 6593” means zoning by-law 6593 of the City of Hamilton. O. Reg. 494/24, s. 1.

Application

2. (1) This Order applies to lands in the City of Hamilton, in the Province of Ontario, described as Part of Lot 17, Concession 4, described as Parts 3 and 4 on Reference Plan 62R20423 registered in the Land Registry Office for the Land Titles Division of Hamilton Wentworth (No. 66). O. Reg. 494/24, s. 1.

(2) For Long-Term Care uses and Retirement Home uses, the lands described in subsection (1) are deemed to be a single lot, and despite any future severance, partition or division of those lands, the Order shall apply to all of those lands as if no severance, partition or division occurred. O. Reg. 494/24, s. 1.

Permitted uses

3. In addition to the uses permitted by zoning by-law 05-200 on the lands described in subsection 2 (1), the following uses are permitted:

1. A single detached dwelling.

2. A semi-detached dwelling.

3. A townhouse dwelling.

4. A street townhouse dwelling.

5. A multiple dwelling. O. Reg. 447/20, s. 3; O. Reg. 494/24, s. 2.

Zoning requirements

4. (1) The zoning requirements for the Single Detached Dwelling use in the Low Density Residential (R1) Zone as set out in Section 15.1.2.1 of zoning by-law 05-200 apply to the uses, buildings and structures permitted under paragraph 1 of section 3. O. Reg. 494/24, s. 3.

(2) The zoning requirements for the Semi-Detached Dwelling use in the Low Density Residential (R1) Zone as set out in Section 15.1.2.2 of zoning by-law 05-200 apply to the uses, buildings and structures permitted under paragraph 2 of section 3. O. Reg. 494/24, s. 3.

(3) The zoning requirements for the Townhouse Dwelling use in the “RT-10” District in zoning by-law 6593 apply to the uses, buildings and structures permitted under paragraph 3 of section 3. O. Reg. 494/24, s. 3.

(4) The zoning requirements for the Street Townhouse Dwelling use in the Low Density Residential (R1) Zone as set out in Section 15.1.2.3 of zoning by-law 05-200 apply to the uses, buildings and structures permitted under paragraph 4 of section 3. O. Reg. 494/24, s. 3.

(5) The zoning requirements for the Multiple Dwelling use in the “E-3” District in zoning by-law 6593 apply to the uses, buildings and structures permitted under paragraph 5 of section 3. O. Reg. 494/24, s. 3.

(6) The zoning requirements for the Long-Term Care Facility and Retirement Home uses in the “I3” Zone in zoning by-law 05-200 apply, with the following exceptions:

1. The maximum building height for a Long-Term Care Facility is 39 metres.

2. The maximum building height for a Retirement Home is 72 metres.

3. The minimum side yard setback is 2.5 metres. O. Reg. 494/24, s. 3.

(7) Any building or structure, existing on December 6, 2024, is deemed to comply with any requirements set out in zoning by-law 05-200 with respect to setbacks, front yard, flankage yard, rear yard and building height. O. Reg. 494/24, s. 3.

Terms of use

5. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order.

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force.

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

6. Omitted (provides for coming into force of provisions of this Regulation).