D3 zone, Hamilton: Downtown Mixed Use (D3) Zone

What the D3 zone permits

• 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
• Emergency Shelter
• Financial Establishment
• Hotel
• Laboratory
• Lodging House
• Long Term Care Facility
• Medical Clinic
• Motor Vehicle Rental Establishment
• Multiple Dwelling
• Office
• Personal Service
• Place of Worship
• Printing Establishment
• Private Club or Lodge
• Repair Service
• Residential Care Facility
• Restaurant
• Retail
• Retirement Home
• Social Services Establishment
• Studio
• Tradesperson's Shop
• Transportation Depot
• Urban Farm
• Veterinary Service

Standards

Other provisions in this section

• Prohibited uses, even as an accessory use: Drive-Through Facility; Dry Cleaning Plant (6.3.2).
• Maximum building setback from a street line: 2.0 m for the first storey, except where a visibility triangle shall be provided for a driveway access; 0.5 m for the second and third storeys; 6.0 m for that portion of a building providing an access driveway to a garage (6.3.3 a) i)-iii)).
• Where a building has been constructed and complies with 6.3.3 c) ii) (75% ground floor facade width), additional buildings on the subject property are not subject to the 2.0 m first-storey maximum setback as it relates to the setback from a front lot line (6.3.3 a) iv)).
• Rooftop mechanical penthouse, stair tower and elevator bulkhead are not subject to the 2.0 m first-storey maximum setback (6.3.3 a) v)); accessory buildings and structures are not subject to the first-storey and (per the printed cross-reference) second/third-storey maximum setbacks (6.3.3 a) vi)).
• Minimum 7.5 m facade height for any portion of a building along a street line (6.3.3 b) i)).
• Maximum building height is set by lot location and the applicable height maximum on Figure 1 of Schedule 'F' - Special Figures (6.3.3 b) ii)).
• Buildings constructed after the effective date of the By-law, and alterations to buildings existing as of that date: rooftop mechanical equipment shall be located and/or screened from view of any abutting street (6.3.3 c) i)).
• Buildings constructed after the effective date, and alterations to existing buildings: the minimum width of the ground floor facade shall be 75% or more of the measurement of the front lot line (6.3.3 c) ii)).
• Heritage Character Zone lots (Figure 2 of Schedule 'F'), where construction and/or alteration of a facade is proposed: minimum 60% of the area of the ground floor facade shall be clear glazed windows and doors; window and door frames, clear glazed transoms and sidelights, doors with at least 50% clear glazing, and a sill up to 0.6 m in height may be included in the clear glazed area; signage and opaque/spandrel glazing shall not (6.3.3 c) iii) 1; and 6.0 e) i)).
• Heritage Character Zone lots: minimum 25% and maximum 40% of the facade of the second and third storeys shall be composed of windows (6.3.3 c) iii) 2). The Section 6.0 e) ii) version of this rule repeats the same inclusion/exclusion sentence as e) i) for calculating the glazed area.
• Heritage Character Zone lots: the ground floor storey shall be no less than 3.6 m and no greater than 4.5 m in height; the second and third storeys shall each be no less than 3.0 m and no greater than 4.0 m in height (6.3.3 c) iii) 3; 6.0 e) iii)).
• Heritage Character Zone lots: exterior building cladding for the first three storeys, except decorative architectural features (window and door frames, sills, lintels, surrounds, cornices), shall be either one or a combination of no more than two of: brick; concrete panels; stone block, stone veneer or artificial stone; stucco; metal and metal panels, excluding aluminum siding or any metal variant thereof (6.3.3 c) iii) 4; 6.0 e) iv)).
• Notwithstanding the above, for properties designated under the Ontario Heritage Act, alternative building design or materials approved through a Heritage Permit are deemed to comply (6.3.3 c) iv); 6.0 f)).
• A visual barrier is required along any lot line abutting a Downtown D5 Zone or Downtown D6 Zone, in accordance with Section 4.19 (6.3.3 d)).
• Parking in accordance with Section 5 of the By-law (6.3.3 e); 6.0 g) applies unless otherwise regulated by the Downtown Zones).
• No outdoor storage of goods, materials or equipment; this does not prevent the display of goods or materials for retail purposes (6.3.3 f)).
• A commercial parking facility developed after the effective date of the By-law shall only be contained within a building, and, except for an access driveway, the portion of its ground floor facing any street shall only be used for permitted uses other than parking (6.3.3 g)).
• Every Emergency Shelter and Residential Care Facility shall be on a lot with a minimum 300 m radial separation, measured lot line to lot line, from any other lot occupied by a Residential Care Facility, Emergency Shelter, Corrections Residence or Correctional Facility (6.3.3 h) i)).
• Where an Emergency Shelter or Residential Care Facility existing as of the effective date of the By-law is less than 300 m from such another lot, the existing facility may be expanded or redeveloped to accommodate not more than the number of residents permitted by the Zone in which it is located (6.3.3 h) ii)).
• Notwithstanding 6.3.1, no new Residential Care Facility or Emergency Shelter is permitted within the lands bounded by Queen Street, Hunter Street, James Street and Main Street (6.3.3 h) iii)).
• Maximum capacity of an Emergency Shelter: shall not exceed 50 residents (6.3.3 i)).
• Maximum capacity of a Residential Care Facility: shall not exceed 20 residents (6.3.3 j)).
• Urban Farm is permitted only in the rear yard or on the roof-top of the principal building, and in accordance with Subsection 4.26 (c) (6.3.3 k)).
• Community Garden is permitted only in the rear yard or on the roof-top of the principal building (6.3.3 l)).
• Section 6.0 applicability: the Downtown Zones General Provisions are stated to apply 'In addition to the regulations of Sections 6.1, 6.2, and 6.5 of this By-law' - Section 6.3 is not named in that list, so the Section 6.0 provisions below are recorded for reference and their application to D3 should be confirmed.
• Section 6.0 a) i): notwithstanding Section 3, 'Development' in the Downtown Zones means a change in the use of any land, building or structure for any purpose, including any building, engineering construction, demolition or other operation in, on, over or under land, or the construction, addition or alteration of any building or structure.
• Section 6.0 a) ii): notwithstanding Section 3, Front Lot Line - Corner Lot means, at the option of the owner, either of the lot lines abutting a public street.
• Section 6.0 b): buildings constructed after the effective date of the By-law that are 44.0 m or less in height require a minimum 3.0 m stepback 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 the building exceeding 22.0 m in height.
• Section 6.0 c): buildings constructed after the effective date exceeding 44.0 m in height require a minimum 3.0 m stepback from the building base facade height (Special Figure 15); a minimum 3.0 m setback from a side or rear lot line, except any flankage lot line, for any portion exceeding 22.0 m in height; and, for any portion exceeding 44.0 m in height, a minimum 9.5 m from a lot line abutting a laneway and a minimum 12.5 m from all side and rear lot lines except any flankage lot line; plus, notwithstanding Section 4.7, a minimum lot frontage of 35.0 m and a minimum lot area of 1,575.0 m2.
• Section 6.0 d): for that portion of a building exceeding 44.0 m in height, a distance of 25.0 m shall be provided between exterior walls on the same property.
• Section 6.0 h): unless otherwise regulated by the Downtown Zones, accessory buildings shall be in accordance with Section 4.8 of the By-law.