D1 zone, Hamilton: Downtown Central Business District (D1) Zone

What the D1 zone permits

• Artist Studio
• Beverage Making Establishment
• Catering Service
• Child Care Centre
• Commercial Entertainment
• Commercial Parking Facility
• Commercial Recreation
• Commercial School
• Community Garden
• Conference or Convention Centre
• Craftsperson Shop
• Dwelling Unit, Mixed Use
• Educational Establishment
• Exhibition Facility
• Financial Establishment
• Hotel
• Laboratory
• Lodging House
• Long Term Care Facility
• Medical Clinic
• Motor Vehicle Rental Establishment
• Multiple Dwelling
• Office
• Personal Service
• Place of Assembly
• Place of Worship
• Repair Service
• Restaurant
• Retail
• Retirement Home
• Social Services Establishment
• Tradesperson's Shop
• Transportation Depot
• Urban Farm
• Urban Farmers Market
• Veterinary Service

Standards

Other provisions in this section

• Restricted use (6.1.1.1 i) 1.): a Parking Facility or Commercial Parking Facility developed after the effective date must be contained within a building; except for the access driveway, the ground floor of the facility facing any street must be used only for permitted uses other than parking; any parking structure above the ground floor must be screened from view from the public sidewalk (By-law 25-155).
• Restricted use (6.1.1.1 i) 2.): a Microbrewery is limited to a maximum Gross Floor Area of 700.0 m2.
• Restricted use (6.1.1.1 i) 3.): a Motor Vehicle Rental Establishment must store or park rental vehicles only in an enclosed parking structure or a fully enclosed building (By-law 24-075).
• Prohibited uses, even as an accessory use (6.1.2 i)): Drive-Through Facility, Dry Cleaning Plant, Motor Vehicle Dealership, Motor Vehicle Gas Bar, Motor Vehicle Service Station, Motor Vehicle Washing Establishment.
• Prohibited unless accessory to another permitted use (6.1.2 ii)): Amusement Arcade, Garden Centre.
• Street setback exception (6.1.3 a) iv)): where a building has been constructed and complies with Section 6.1.3 c) ii) or iii), additional buildings on the subject property are not subject to the 4.5 m maximum street setback as it relates to the setback from a front lot line.
• Built form for new development or additions (6.1.3 c) i)): rooftop mechanical equipment must be located and/or screened from view of any abutting street.
• Built form (6.1.3 c) ii)): on an interior or through lot, the minimum width of the ground floor facade facing the front lot line must be at least 75% of the front lot line measurement and comply with the 4.5 m maximum street setback.
• Built form (6.1.3 c) iii)): on a corner lot, the minimum combined width of the ground floor facade facing the front and flankage lot lines must be at least 50% of the combined front and flankage lot line measurement and comply with the 4.5 m maximum street setback.
• Built form (6.1.3 c) iv)): notwithstanding the facade width rules, a driveway with a maximum width of 7.5 m is permitted for ingress and egress.
• Built form (6.1.3 c) v)): no parking or aisles between the required building facade and the front lot line or flankage lot line.
• Built form (6.1.3 c) vi)-vii)): a minimum of one principal entrance within the ground floor facade setback the least distance from a street, accessible from the building facade with direct access from the public sidewalk; notwithstanding the planting strip definition, a sidewalk is permitted where required for this purpose.
• Outdoor storage (6.1.3 d)): no outdoor storage of goods, materials or equipment; outdoor display of goods or materials for retail purposes accessory to a retail use is permitted only in a front yard or flankage yard.
• Minimum Amenity Area (6.1.3 f)): on a lot containing more than 10 dwelling units, 4.0 m2 of amenity area per dwelling unit; outdoor amenity area must be unobstructed, at or above the surface, and exposed to light and air.
• Green roof (6.1.3 g)): for every 0.5 m2 of Green Roof area provided, the required Amenity Area may be reduced by 1.0 m2.
• Urban Farm per Section 4.26; Community Garden per Section 4.27; Urban Farmers Market per Section 4.28 (6.1.4-6.1.6).
• Section 6.0 a): in Downtown Zones, 'Development' includes any change of use and any building, engineering construction, demolition or other operation, or the construction, addition or alteration of any building or structure; on a corner lot the front lot line is, at the owner's option, either lot line abutting a public street.
• Section 6.0 b) (buildings constructed after the effective date, 44.0 m or less in height): minimum 3.0 m stepback from the building base facade height shown in Schedule 'F' Special Figure 15; minimum 3.0 m setback from a side or rear lot line for any portion of a building exceeding 22.0 m in height (By-law 25-155).
• Section 6.0 c) (buildings constructed after the effective date exceeding 44.0 m in height): minimum 3.0 m stepback from the base facade height per Schedule 'F' Figure 15; minimum 3.0 m setback from side/rear lot lines (except any flankage lot line) for portions above 22.0 m; portions above 44.0 m require a minimum 9.5 m from a lot line abutting a laneway and 12.5 m from all side and rear lot lines except any flankage lot line; minimum lot frontage 35.0 m and minimum lot area 1,575.0 m2 notwithstanding Section 4.7; a maximum 10.0 m street setback is permitted for a yard where an Urban Square of at least 135.0 m2 is provided (By-law 25-155).
• Section 6.0 d): for the portion of a building exceeding 44.0 m in height, a distance of 25.0 m must be provided between exterior walls on the same property.
• Section 6.0 e) Heritage Character Zone (Figure 2 of Schedule 'F'), where facade construction/alteration is proposed: minimum 60% of the ground floor facade area must be clear glazed windows and doors (frames, clear glazed transoms and sidelights, doors with at least 50% clear glazing, and a sill up to 0.6 m countable; signage and opaque/spandrel glazing excluded); second and third storey facades must be a minimum 25% and maximum 40% windows; ground floor storey height 3.6 m to 4.5 m; second and third storeys each 3.0 m to 4.0 m; exterior cladding of the first three storeys (excluding decorative architectural features) limited to one or a combination of no more than two of brick, concrete panels, stone block/stone veneer/artificial stone, stucco, or metal and metal panels (excluding aluminium siding).
• Section 6.0 f): for properties designated under the Ontario Heritage Act, alternative building design or materials approved through a Heritage Permit are deemed to comply with Section 6.0 e).
• Section 6.0 g): parking per Section 5 of the By-law unless otherwise regulated by the Downtown Zones.
• Section 6.0 h): accessory buildings per Section 4.8 of the By-law unless otherwise regulated by the Downtown Zones.