D5 zone, Hamilton: Downtown Residential (D5) Zone

What the D5 zone permits

• Artist Studio
• Child Care Centre
• Community Garden
• Commercial School
• Duplex Dwelling
• Dwelling Unit, Mixed Use
• Educational Establishment
• Emergency Shelter
• Fourplex Dwelling
• Lodging House
• Long Term Care Facility
• Multiple Dwelling
• Multiple Dwelling Townhouse
• Office
• Personal Service
• Place of Worship
• Repair Service
• Residential Care Facility
• Restaurant
• Retail
• Retirement Home
• Semi-Detached Dwelling
• Single Detached Dwelling
• Social Services Establishment
• Street Townhouse Dwelling
• Tradesperson Shop
• Triplex Dwelling

Standards

Other provisions in this section

• Restricted uses (6.5.1.1): Artist Studio, Commercial School, Day Nursery, Personal Service, Repair Service, Retail, Restaurant and Tradesperson Shop are only permitted on the ground floor of a Multiple Dwelling.
• Restricted use (6.5.1.1): an Office is only permitted on the ground floor of a Multiple Dwelling and is limited to a maximum gross floor area of 500.0 m2.
• Prohibited use (6.5.2): an Outdoor Commercial Patio is prohibited, even as an accessory use.
• Single detached/duplex/triplex/fourplex (6.5.3.1 g): a maximum of one driveway is permitted, with a maximum width of 6.0 m.
• Single detached/duplex/triplex/fourplex (6.5.3.1 c ii): a maximum front setback of 6.0 m applies to the portion of a building providing an access driveway to an attached garage (otherwise maximum front yard 4.5 m).
• Single detached/duplex/triplex/fourplex (6.5.3.1 d ii): side yard may be reduced to 0.6 m to an attached garage where the opposite side yard is at least 1.2 m.
• Semi-detached (6.5.3.2): minimum lot area 185.0 m2 and minimum lot width 7.5 m for each dwelling unit; maximum front yard 4.5 m (6.0 m for the portion with an attached garage); side yard 1.2 m except 0 m at the common wall; rear yard 7.5 m; minimum building height 7.5 m.
• Street townhouse (6.5.3.3): minimum lot area 150.0 m2; minimum lot width 5.5 m; maximum front yard 3.0 m (6.0 m for the portion providing an access driveway to a garage); side yard 1.2 m except 0 m at the common wall; minimum flankage yard 3.0 m; rear yard 7.5 m; minimum building height 7.5 m.
• Multiple dwelling townhouse (6.5.3.4): minimum lot area 300.0 m2; minimum lot width 12.0 m; minimum unit width 5.5 m; maximum front yard 3.0 m; side yard 1.2 m; flankage yard minimum 3.0 m and maximum 4.5 m; rear yard 7.5 m; minimum building height 7.5 m.
• Multiple dwelling townhouse (6.5.3.4 h): minimum separation distance between exterior walls on the lot is 3.0 m where neither wall has windows to a habitable room, and 12.0 m where at least one wall has such windows.
• Multiple dwelling townhouse (6.5.3.4 j) and multiple dwelling (6.5.3.5 h): on a lot with more than 10 dwelling units, minimum amenity area of 4.0 m2 per dwelling unit; outdoor amenity area must be unobstructed, at or above grade, and exposed to light and air.
• Multiple dwelling (6.5.3.5 i): for every 0.5 m2 of green roof area provided, the required amenity area may be reduced by 1.0 m2.
• Multiple dwelling townhouse and multiple dwellings (6.5.3.4 k, 6.5.3.5 j): not less than 10% of the lot area shall be landscaped area.
• Multiple dwelling townhouse (6.5.3.4 l): notwithstanding Section 5.3.1 a), parking spaces and drive aisles (excluding driveways extending directly from the street) shall not be located between any building facade and any lot line abutting a street.
• Multiple dwelling townhouse (6.5.3.4 m): any dwelling unit adjacent to a yard abutting a street must have at least one pedestrian entrance in a facade facing the street, directly accessible from the public sidewalk.
• Multiple dwelling townhouse (6.5.3.4 n): a maximum of two access driveways are permitted from each street abutting the lot, and garage entrances must not be located in any facade facing a street.
• Educational establishment, emergency shelter, lodging house, long term care facility, multiple dwelling, place of worship, residential care facility, retirement home and social services establishment (6.5.3.5): minimum lot area 300.0 m2; minimum lot width 12.0 m; maximum front yard 4.5 m; maximum side yard 7.5 m; maximum flankage yard 3.0 m; minimum rear yard 7.5 m; minimum building height 7.5 m.
• Emergency shelter, long term care facility and residential care facility (6.5.3.5 k): maximum capacity of 6 residents.
• Emergency shelter and residential care facility (6.5.3.5 l): minimum radial separation of 300 m, lot line to lot line, from any other lot occupied by a residential care facility, emergency shelter, corrections residence or correctional facility; an existing facility closer than 300 m may be expanded or redeveloped up to the number of residents permitted by the zone.
• No new residential care facility or emergency shelter is permitted within the lands bounded by Queen Street, Hunter Street, James Street and Main Street (6.5.3.5 m).
• Visual barrier required along any side or rear lot line abutting a Downtown D1 or D2 Zone per Section 4.19, for multiple dwelling townhouses and 6.5.3.5 uses (6.5.3.4 o, 6.5.3.5 n).
• Community garden: in accordance with Section 4.27 (6.5.3.6).
• Section 6.0 general provisions apply: for a corner lot the front lot line is either street-abutting lot line at the owner's option (6.0 a).
• Section 6.0 b): buildings 44.0 m or less in height require a minimum 3.0 m stepback from the building base facade height in Schedule F Special Figure 15, and a minimum 3.0 m setback from side or rear lot lines for any portion exceeding 22.0 m in height.
• Section 6.0 c)/d): buildings exceeding 44.0 m in height additionally require a 9.5 m setback from a lot line abutting a laneway and 12.5 m from all side and rear lot lines (except flankage) for the portion above 44.0 m, a minimum lot frontage of 35.0 m, a minimum lot area of 1,575.0 m2, and 25.0 m between exterior walls on the same property above 44.0 m.
• Section 6.0 e): for lots in a Heritage Character Zone (Schedule F Figure 2), facade rules apply: minimum 60% clear glazing on the ground floor facade; 25% to 40% windows on second and third storey facades; ground floor storey 3.6 m to 4.5 m high; second and third storeys 3.0 m to 4.0 m each; cladding of the first three storeys limited to no more than two of brick, concrete panels, stone, stucco, or metal panels (excluding aluminium siding). Heritage Permit approvals under the Ontario Heritage Act are deemed to comply (6.0 f).
• Parking per Section 5 and accessory buildings per Section 4.8 unless otherwise regulated by the Downtown Zones (6.0 g, h).