Commercial and Mixed Use Zones

Notice of the Adoption and Approval of an Official Plan Amendment

TAKE NOTICE THAT the City of Hamilton Council has passed By-law No. 17-239 (PDF, 11 MB) adopting and approving Official Plan Amendment No. 69 to the Urban Hamilton Official Plan on the 8th day of November, 2017, under Section 22 of the Planning Act, R.S.O. 1990, c. P.13, for general and site specific text and mapping amendments for certain properties in the urban area.

AND TAKE NOTICE THAT the public submissions received regarding this matter supported the approval of the Official Plan Amendment, with amendments.

The lands subject to OPA 69 are also subject to the amendments to the City of Hamilton Zoning By-law No. 05-200 under By-law No. 17-240.

Explanation of the purpose and effect of Urban Hamilton Official Plan Amendment No. 69 (By-law 17-239): The purpose and effect of the Official Plan Amendment is to amend policies within the Commercial and Mixed Use Designations and update mapping within the Urban Hamilton Official Plan, and provide consistency between the Urban Hamilton Official Plan (UHOP) and the new Commercial and Mixed Use Zones which are included in the City of Hamilton Zoning By-law No. 05-200.

Urban Hamilton Official Plan Amendment

  • To change Designations for certain properties from Neighbourhoods and Employment Area – Business Park Designations to Mixed Use – Medium Density,  District Commercial, and Arterial Commercial Designations (Volume 1);
  • To change Designations for certain properties from the Commercial and Mixed Use Designations to Neighbourhoods, Open Space, and Employment Area – Business Park Designations (Volume 1);
  • To change the type of Commercial and Mixed Use Designation for certain properties (Volume 1);
  • To add Funeral Homes as a permitted use in the Arterial Commercial designation (Volume 1);
  • To rename “Pedestrian Predominant Streets” to “Pedestrian Focus Streets” (Volumes 1, 2, and 3);
  • To update Land Use Maps within certain Secondary Plans in Glanbrook and Stoney Creek to create consistency for properties within the Commercial and Mixed Use Zones (Volume 2);
  • To add Area and Site Specific Policies for certain properties within the Secondary Plans (Volume 2 – text and map) and for lands outside Secondary Plans; (Volume 3 – text and map);
  • To add additional policy to permit expansions or enlargements of single detached dwellings and two-family dwellings that are considered legal non-conforming in the applicable Zoning By-law (Volume 1).

Notice of the Passing of a Zoning By-law Amendment

TAKE NOTICE that the City of Hamilton Council passed Zoning By-law No. 17-240 (PDF, 15 MB) on the 8th of November, 2017 under Section 34 of the Planning Act, R.S.O. 1990, c. P.13, to amend the City of Hamilton Zoning By-law No. 05-200 to add eight new Commercial and Mixed Use Zones and one Utility Zone (text and maps), including definitions, general provisions, parking requirements, special exceptions, holding provisions and site specific Council directed motions for lands within the Urban Area of the City of Hamilton.

AND TAKE NOTICE THAT the public submissions received regarding this matter supported the approval of the Zoning By-law Amendment, with amendments.

The lands to which the Zoning By-law applies are also subject to Official Plan Amendment No. 69.

Explanation of the purpose and effect of Zoning By-law Amendment No. 17-240: The purpose and effect of the Zoning By-law Amendment is to introduce Commercial and Mixed Use Zones and a Utility Zone, to establish mapping and text within the City of Hamilton Zoning By-law No. 05-200, create new definitions, general provision regulations, parking regulations for certain properties within the Urban Area.

Zoning By-law No. 05-200 Amendment

  • To add eight new Commercial and Mixed Use (CMU) Zones and zone certain properties within the Urban Area that have a Commercial and Mixed Use Designation:

    • Residential Character Commercial (C1) Zone
    • Neighbourhood Commercial (C2) Zone
    • Community Commercial (C3) Zone
    • Mixed Use High Density (C4) Zone
    • Mixed Use Medium Density (C5) Zone
    • Mixed Use Medium Density – Pedestrian Focus (C5a) Zone
    • District Commercial (C6) Zone
    • Arterial Commercial (C7) Zone
  • To add one new Utility Zone that will apply to certain properties within the Urban Area:
    • Parking (U3) Zone
  • To zone certain properties in the urban area that have a Neighbourhoods and/or Commercial and Mixed Use Designation in the Urban Hamilton Official Plan;
  • To add new definitions, general provisions, and parking requirements that implement the eight new CMU Zones and one new Utility Zone;
  • To zone properties with a Residential Zone under former municipal Zoning By-laws and incorporate these lands into the Commercial and Mixed Use Zones;
  • To zone certain properties with an Employment Zone under the City of Hamilton Zoning By-law No. 05-200 to a Commercial and Mixed Use Zone;
  • To zone certain properties with a Commercial and Mixed Use Zone to another zone within the classification to be consistent with the addition of an Area Specific Policy Area in the Mount Hope Secondary Plan;
  • To add site specific exceptions and holding provisions to certain properties with respect to permitted uses and regulations;
  • To add site specific exceptions to certain properties to reflect recently approved Planning applications;
  • To remove or omit certain properties from the Commercial and Mixed Use Zone due to active Planning applications.

The complete documents are available for inspection in the Clerks office during regular office hours. If you have any questions, call Ida Bedioui at 905-546-2424 ext. 4605.

If you have no objection to the By-law, you do not need to take any action, and you do not need to send any cheque.

How to Appeal the Decision

AND TAKE NOTICE THAT any person or agency who objects to Official Plan Amendment No. 69 or Zoning By-law No. 17-240  may appeal the decision of Council to the Ontario Municipal Board, by filing with the Clerk of the City of Hamilton, not later than the 7th day of December, 2017 a certified cheque or money order in the amount of $300.00, payable to the Minister of Finance, Province of Ontario.  A completed Notice of Appeal form setting out the specific part of the proposed Official Plan Amendment to which the appeal applies and the reasons for the appeal of the Official Plan Amendment is required to be accompanied with the Ontario Municipal Board fee.  Appeal forms are available in the City Clerk’s Office and at www.omb.gov.on.ca.

Only Individuals, Corporations and Public Bodies may appeal a Official Plan Amendment or Zoning By-Law to the Ontario Municipal Board. A Notice of Appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

An explanation of the purpose and effect of the Official Plan Amendment or Zoning By-Law, describing the lands to which the Zoning By-law applies are included above.  A key map does not accompany this notice as the Official Plan Amendment or Zoning By-Law affects certain properties within the Urban Area on a city wide basis.

Appeals should be submitted to: City Clerk, City of Hamilton, 71 Main Street West, 1st floor, Hamilton, Ontario, L8P 4Y5.

 

Status

Council Meeting November 8, 2017
City of Hamilton Council has passed By-law No. 17-239 (PDF, 11 MB) and 17-240 (PDF, 15 MB) for Amendments the Urban Hamilton Official Plan and Zoning By-law 05-200 to implement the Commercial and Mixed Use (CMU) Zones.

Planning Committee - October 17, 2017
Planning Committee considered changes to the Urban Hamilton Official Plan and Zoning By-law 05-200 respecting the Commercial and Mixed Use zoning on June 6, 2017. View the documents brought forward to the Planning Committee on June 6, 2017.

However, Planning Committee and Council approved a recommendation to receive Report PED16100(b) and to bring forward a staff report in October 2017 for consideration. This is after addressing concerns raised by delegates at that meeting. The Public Meeting has since closed.  View the Committee Agenda

Commercial and Mixed Use Booklet

An easy to read summary of the Commercial and Mixed Use Zones that was approved by Council in November 2017 (currently appealed). 

Cover of CMU BookletThe booklet provides a summary table of permitted uses, photos and illustrations of each zone. Download the Commercial and Mixed Use Booklet (PDF, 4 MB)

Urban Hamilton Official Plan (UHOP) Amendment

  • Revise certain land use designations in the Urban Hamilton Official Plan, including Secondary Plans, to implement the new Commercial and Mixed Use Zones
  • Change the name “Pedestrian Predominant” to “Pedestrian Focus”; and amend certain Pedestrian Predominant policies such as permit abutting properties to Pedestrian Focus
  • Revise and correct section numbering and other typographical errors

Proposed UHOP Amendment


Zoning By-law 05-200 Amendment

The proposed Zoning By-law Amendment introduces new Zones for properties located in commercial and mixed uses areas. An amendment to the UHOP is also require to ensure the zones implement the designations and policies of the Plan.

The effect of the Zoning By-law Amendment is to establish consistent zones for commercial and mixed use areas. These zones contain more flexible definitions and regulations to encourage new and appropriate development in the City.

New Commercial and Mixed Use Zones

  • Add eight new Commercial and Mixed Use (CMU) Zones:
    • Residential Character Commercial (C1) Zone
    • Neighbourhood Commercial (C2) Zone
    • Community Commercial (C3) Zone
    • Mixed Use High Density (C4) Zone
    • Mixed Use Medium Density (C5) Zone
    • Mixed Use Medium Density – Pedestrian Focus (C5a) Zone
    • District Commercial (C6) Zone
    • Arterial Commercial (C7) Zone
  • Add one new Parking (U3) Zone to recognize existing permanent parking lots in the City
  • Add and revise associated definitions, general provisions, parking standards, special exceptions and holding provisions related to the CMU Zones, including landowners and delegates from the June 6, 2017 Planning Committee.
  • A map has not been included in this Notice since the lands affected by these Official Plan and Zoning By-law Amendments are City wide (urban area) and it applies to commercial and mixed use areas. Note the new CMU zoning does not apply to certain locations in the city:
    • Downtown Hamilton: Area bounded by Cannon Street East to the north, Victoria Avenue North to the east, Hunter Street East to the south and Queen Street North to the west and includes the frontage properties along James Street North to Stuart Street and along James Street South to Charlton Avenue West.
    • Fruitland-Winona (Stoney Creek): Area generally bounded by Highway 8 to the south, QEW and Barton Street to the north, the Hamilton municipal boundary to the east, and Fruitland Road to the west.
    • Centennial Neighbourhoods: Area generally bounded by the QEW to the north, Red Hill Valley Parkway to the west, lands south of Queenston Road to the south, and Lake Avenue to the east but not including the industrial lands to the east of Centennial Parkway North.
    • West Harbour (Setting Sail): Area bounded by Wellington Street North to the east, Cannon Street West and York Boulevard to the south, and the Hamilton Harbour shoreline to the north.

Temporary Use By-law

  • Add Temporary Use By-law for properties located in the Town of Dundas (Downtown) and properties on Upper James Street between Stone Church Road and Rymal Road to permit entertainment on outdoor commercial patios for a 19 month trial period.

Proposed Zoning Amendment & Staff Report - October 17, 2017 Planning Committee

You can also view these documents in person at Hamilton City Hall, 71 Main Street West, 4th floor.

Contact us

Tim Lee
Planner, Zoning By-Law Reform
Phone: 905-546-2424 ext. 1249
Email: cmuzoning@hamilton.ca

Madeleine Giroux
Planner, Policy Planning and Zoning By-Law Reform
Phone: 905-546-2424 ext. 2664
Email: cmuzoning@hamilton.ca