D2 zone, Hamilton: Downtown Mixed Use - Pedestrian Focus (D2) Zone

What the D2 zone permits

• Artist Studio
• Beverage Making Establishment
• Catering Service
• Child Care Centre (not on ground floor except access, accessory office and utility areas)
• Commercial Entertainment
• Commercial Parking Facility (restricted, see 6.2.1.1)
• Commercial Recreation
• Commercial School
• Community Garden
• Conference or Convention Centre
• Craftsperson Shop
• Dwelling Unit, Mixed Use (not on ground floor except access, accessory office and utility areas)
• Educational Establishment
• Financial Establishment
• Hotel
• Laboratory
• Lodging House
• Medical Clinic
• Microbrewery (max 700.0 m² GFA)
• Office
• Personal Service
• Place of Assembly
• Place of Worship (not on ground floor except access, accessory office and utility areas)
• Repair Service
• Restaurant
• Retail
• Tradesperson's Shop
• Urban Farm
• Urban Farmers Market
• Veterinary Service

Standards

Other provisions in this section

• Restricted uses (6.2.1.1): Child Care Centre, Dwelling Unit Mixed Use and Place of Worship are not permitted within the ground floor, except for access, accessory office and utility areas.
• Restricted uses (6.2.1.1): a Microbrewery shall have a maximum Gross Floor Area of 700.0 m².
• Restricted uses (6.2.1.1): a Parking Facility or Commercial Parking Facility developed after the effective date must be contained within a building; except for an access driveway, the ground floor of the facility facing any street may only be used for permitted uses other than parking; any parking structure above the ground floor must be screened from view from the public sidewalk.
• Prohibited uses (6.2.2 i), even as accessory uses: Drive-Through Facility, Dry Cleaning Plant, Motor Vehicle Dealership, Motor Vehicle Gas Bar, Motor Vehicle Rental Establishment, Motor Vehicle Service Station, Motor Vehicle Washing Establishment.
• Prohibited uses (6.2.2 ii) unless accessory to another permitted use: Amusement Arcade, Garden Centre.
• Built form (6.2.3 c) applies to buildings constructed after the effective date and to additions to buildings existing as of the effective date: rooftop mechanical equipment must be located and/or screened from view of any abutting street.
• Built form (6.2.3 c) ii): on an interior or through lot, the ground floor facade facing the front lot line must be at least 75% of the measurement of the front lot line and comply with the 2.0 m maximum setback.
• Built form (6.2.3 c) iii): on a corner lot, the combined ground floor facade facing the front and flankage lot lines must be at least 50% of the combined measurement of the front and flankage lot lines and comply with the 2.0 m maximum setback.
• Built form (6.2.3 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 (6.2.3 c) v): no parking or aisles may be located between the required building facade and the front or flankage lot line.
• Built form (6.2.3 c) vi): at least one principal entrance must be within the ground floor facade set back the least distance from a street, and accessible from that facade with direct access from the public sidewalk.
• Outdoor storage (6.2.3 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.
• Urban Farm per Section 4.26; Community Garden per Section 4.27; Urban Farmers Market per Section 4.28 (6.2.4-6.2.6).
• Section 6.0 b): for buildings constructed after the effective date that are 44.0 m or less in height, a minimum 3.0 m stepback is required from the building base facade height shown in Schedule 'F' Special Figure 15, and a minimum 3.0 m setback from a side or rear lot line for any portion of a building exceeding 22.0 m in height.
• Section 6.0 c): for buildings constructed after the effective date exceeding 44.0 m in height, a minimum 3.0 m stepback from the building base facade height (Special Figure 15); minimum 3.0 m setback from side/rear lot lines (except a flankage lot line) above 22.0 m; for the portion above 44.0 m, minimum 9.5 m from a lot line abutting a laneway and 12.5 m from all side and rear lot lines except a flankage lot line; minimum lot frontage 35.0 m and minimum lot area 1,575.0 m².
• 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 construction and/or facade alteration is proposed: ground floor facade minimum 60% clear glazed windows and doors; second and third storey facades 25% to 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; first three storeys clad in no more than two of brick, concrete panels, stone block/stone veneer/artificial stone, stucco, or metal and metal panels (excluding aluminium siding), excepting decorative architectural features.
• 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.
• 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.
• Section 6.0 a) ii): on a corner lot the front lot line is, at the owner's option, either of the lot lines abutting a public street.
• Section 4.7 (referenced by Section 6.0 c)): where a lot was legally established before the effective date without sufficient lot width or lot area, a residential building may still be erected provided each side or flankage yard is at least 10% of the lot width and not less than 0.9 m, and the rear yard is 25% of the lot depth and not less than 3.0 m.