Beach Neighbourhood

General Information

Offer to Purchase Terms

Beach Neighbourhood

General Information

BEACH LOTS FOR SALE

TERMS

Being sold “AS IS”

No financing available.

Potential Purchasers to use City of Hamilton Offer to Purchase

documents.

10% Deposit by certified cheque required with the Offer.

All offers are subject to City Council approval.

Building Covenants Registered on Title.

Special conditions (see various By-Laws).

 

Beach Neighbourhood               

Appendix A   

By - Law No. 00-135

BY-LAW NO. 00-135

To Designate:

AS A HERITAGE CONSERVATION DISTRICT THE AREA OF THE HAMILTON BEACH NEIGHBOURHOOD COMPRISED OF 869 TO 1019 BEACH BOULEVARD (LAKE SIDE) AND 870 TO 1064 BEACH BOULEVARD (BAY SIDE)

EXCLUDING 913 BEACH BOULEVARD; INCLUDING 2 FOURTH AVENUE

WHEREAS subsections 1 and 3 of section 41 of the Ontario Heritage Act,

R.S.O. 1990, Chapter 0.18, provides as follows:

41. (1) Subject to subsection (2), where there is in effect in a municipality an official plan that contains provisions relating to the establishment of heritage conservation districts, the council of the municipality may by by-law designate the municipality or any defined area or areas thereof as a heritage conservation district.

. (3) A by-law passed under subsection (1) does not come into force

without the approval of the Board.

ANO WHEREAS the Official Plan of the City of Hamilton

contains provisions relating to the establishment of heritage conservation districts; law

AND WHEREAS it is intended to designate the area defined by the said by-

NOW THEREFORE the Council of The Corporation of the City of

Hamilton enacts as follows:

1. The area more particularly shown on Schedule "A" hereto annexed and forming part of this by-law, is hereby designated as a Heritage Conservation District.

2. This by-law shall come into force upon approval of the Ontario Municipal Board.

PASSED this 9th day of August A.D. 2000  

    

   

   

   

   

   

Schedule 'W'Map Forming ParlorBy-Law No, 00-13s

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Beach Neighbourhood               

Appendix B   

By - Law No. 99 -169

Bill No. C-73 A

The Corporation of the City of Hamilton

BY-LAW NO. 99-169

To Amend:

Zoning By-law No. 6593

Respecting:

LANDS LOCATED EAST (LAKE SIDE) OF BEACH BOULEVARD, IN THE BEACH NEIGHBOURHOOD ·

WHEREAS the Council of The Corporation of the City of Hamilton

passed Zoning By-law No. 6593 on the 25th day of July 1950, which by-law was approved by the Ontario Municipal Board by Order dated the 7th day of December 1951, (File No. P.F.C. 3821);

AND WHEREAS this by-law is in conformity with the Official Plan of

the Hamilton Planning Area, approved by the Minister under the Planning Act. on June 1, 1982.

NOW THEREFORE the Council of The Corporation of the City of

Hamilton enacts as follows:

1. The "C11 (Urban Protected Residential, etc.} District, the "G" (Neighbourhood Shopping Centre, etc.) District, and the "H" (Community Shopping and Commercial, etc.) District provisions, as contained in Section 9, 13 and 14, respectively, of Zoning By.:.law No. 65931 applicable to the lands east (lake side) of Beach Boulevard, the extent and boundaries of which are shown on plans hereto annexed as Schedules "A·, "A-1" and aA-2", are amended to the extent only of the special requirement that, ·

(a) all buildings and structures, including accessory buildings,

shall provide a side yard along each side lot line, of a width of at least 1.7 metres; and,

(b) notwithstanding clause (a), a side yard maybe reduced to a

width of at least 1.5 metres, only where a common swale between the adjoining properties has been approved under a Lot Grading Agreement or approved under a Site Plan Control Agreement; and,

(c) notwithstanding clauses (a) and (b), Sections 18(3)(v)1 (viccc),

and (vi)(e) shall not apply to side yards.

 

By-law Respecting Beach Boulevard 2

  

3. No building or structure shall be erected, altered, extended or enlarged, nor shall any building or structure or part thereof be used, nor shall any land be used, except in accordance with the "C", "G" and "H" District provisions, subject to the special requirements referred to in sections 1and 2 of this by-law.

4. By-law No. 6593 is amended by adding this by-law to section 198 as Schedule S-1435.

5. Sheets No. E-80b, E..SOC, E-80d, E..aOe, E-80f and E-80g of the District Maps are amended by marking the lands referred to in sections 1and2 of this by-law, S-1435.

6. The Municipal Clerk is hereby authorized and directed to proceed with the giving of notice of the passing of this by-law, in accordance with the Planning Act.

 

    

PASSED this 30th day of November AD.1999   

MUNICIPAL CLERK MAYOR  

(1999) 23Ro R.P.D.C.(12A)-, November 30 City Initiative 98-D

sheet ! of 4

ThLs is Schedule 'ÿA" to By-Law No. 99-[6.9 ....Passed the ...... 30th ...... day of ...... November ................. 1999.

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Sheet 2 of 4

This is Schedule "A-I" to By-Law No. 9ÿ-.ÿg.,.Passed the ...... S0th ...... day of ...... November ................. 1999.

,, ClerkI I IN . {i I i . . ..... ............. ,uNmnMawr , Iÿ

Sheet 3 of 4

This is Schedule "A-2' to By-Law No, 99..,1.69o..Passed tim ...... 30th ...... day of ...... November, ................ 1999.

• ,,°**°ÿ. °°°,°

..... clerk

Sheet 4 of 4

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Block 2

i i iii , . i j i i i i ill ....

This Is Schedule A-3 to E3y-Law No. 99-1.69 ....Passed the ...... 30th ...... day of ...... November. ................ I999,

Mayor ..........

 

Beach Neighbourhood               

Appendix C   

By - Law No. 99-170

   

The Corporation of the City of Hamilton  

BY-LAW NO. 99- 170

To Amend:

Zoning By-law No. 6593 and To Repeal Zoning By-law No. 98 281

Respecting:

LANDS LOCATED WEST (BAY SIDE) OF BEACH BOULEVARD, IN

THE BEACH NEIGHBOURHOOD

WHEREAS the Council of The Corporation of the City of Hamilton passed Zoning By-law No. 6593 on the 25th day of July 1950, which by law was approved by the Ontario Municipal Board by Order dated the 7th day of December 1951, (File No. P.F.C. 3821;

AND WHEREAS the Council of The Corporation of the City of Hamilton

passed By-law No. 98-281 on the 10 th day of November 1998 to establish special requirements under Section 198 of Zoning By-law No. 6593 for the ."C" District, in respect of lands located on the west side (bay side) of Beach Boulevard, in the Beach Neighbourhood, the extent and boundaries of which are shown on a plan thereto annexed as Schedule "A", which by-law came into force on the day it was passed in accordance with the Planning Act;·

AND WHEREAS the Council of The Corporation of the City of Hamilton, in adopting Section - of the 19th Report of the Planning and Development Committee at its meeting held on the 9

th day of November 1999, recommended that Zoning By-law No. 6593 be amended as hereinafter provided and that Zoning By-law No. 98-281 be repealed in its entirety;

AND WHEREAS this by-law is in conformity .with the Official Plan of the Hamilton Planning Area, approved by the Minister under the Planning Act on June 1, 1982.

NOW THE FORE the Council of The Corporation of the City of Hamilton enacts as follows:

By-law Respecting Beach Boulevard 2

notwithstanding clause (a), a side yard maybe reduced to a width of at least 1.5 metres, only where a common swale between the adjoining properties has been approved under a lot Grading Agreement or approved under a Site Plan Control Agreement; and,

notwithstanding clauses (a) and (b), Sections 18(3)(v), (viccc), and (vi)(e) shall not apply to side yards; and,

(d) the minimum ground floor elevation of any building or any building

addition shall be 76.0 metres above mean sea level, as defined by the Geodetic Survey Datum, except for any building addition less than 14 square metres in area and any accessory building or structure; and,

no basement or cellar shall be permitted for any building; and,

(f) any addition, less than 14 square metres in area, shall have a

minimum floor elevation at or above the existing ground floor elevation of the building; and,

prior to the issuance of a building permit for every new building, a Lot Grading Agreement with the City of Hamilton shall be entered into and registered on title to the satisfaction of the Building Department Director, except for developments that require approval under the Site Plan Control By-law No. 79-275, as amended.

2. The °C" (Urban Protected Residential, etc.) District provisions, as contained in Section 9 of Zoning By-law No. 6593, applicable to the lands comprised in Blocks “1 ” and “2”, the extent and boundaries of each Block are shown on a plan hereto annexed as Schedule “A-3”, are amended to the extent only of the special requirement that,

No building or structure, except fences shall be located within 4.5 metres of the rear lot line:

(i) every fence, excluding the supporting posts must be at least

.075m from the ground to the bottom of the fence, so as not to obstruct the natural flow of water.

4. No building or structure shall be erected, altered, extended or enlarged, nor shall any building or structure or part thereof be used, nor shall any land be used, except in accordance with the "C, "G" and "H" District provisions, subject to the special requirements referred to in sections 1and 2 of this by-law.

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This is Schedule ÿA" to By-Law NO. 99-.1,7.0...i

Passed the ...... 30lh ...... day of ,,,,.,,November ................. 1999.

Clerk .... Mÿjor ......

Sheet 2 of 4

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This Iÿ Schedule ÿ-"ÿ to By-Lmv Noÿ 9ÿ.1,7.0,,PÿssCd ÿhÿ ...... 30Lh ...... day of ...... November. ................ 1999.

Mayor

/ÿ Sheet 3 of 4

This Is Schedule "A-2" to By.LaW NO. 99-1,70 ....Passed tha ...... 30th ...... day of ÿ..,,,November ................. 1999,

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This iS Schedule "A-3' to By-Lÿ No. 99-.ÿ,Zÿ),,.Passed the ...... 30th ...... day of .ÿ.,..November. ................ t999.

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Beach Neighbourhood

Appendix D

Development Charge By-law

Beach Neighbourhood

Appendix E

Guidelines for New Infill Construction in the Hamilton Beach Heritage Conservation District

IIIIIIIIIIIIIIIII

Hamilton Beach Heritage Conservation District:Guidelines for conservation and change

Page 13

5.0 HAMILTON BEACH HERITAGE CONSERVATION DISTRICT: DESIGNGUIDELINES FOR NEW INFILL CONSTRUCTION

5.1 Introduction

The Hamilton Beach Heritage Conservation District is unique amongst Ontario'sheritage districts as there is considerable potential for the construction of newresidential development on newly created lots. These are generally restricted to thewest side of Beach Boulevard. Existing buildings on this side of the Boulevard aretypically set back some distance from the road. The east side of Beach Boulevard ischaracterized by a substantial and consolidated building mass and streetscape.

While not prohibited by the Ontario Heritage Act the demolition of existing heritagestructures and the creation of new buildings will be actively discouraged within theHamilton Beach Heritage Conservation District. As in many heritage districtsthroughout Ontario, residents of the Hamilton Beach are encouraged to work withexisting buildings through sensitively adapting and altering them rather thandemolishing and constructing new structures. Guidelines for alteration and additionsto heritage and non-heritage buildings are contained in Section 4. Guidelines for newconstruction are described in the following subsections

5.2 New lots

Where new lots are to be created within the Hamilton Beach Heritage ConservationDistrict they should be of similar width and depth as adjacent occupied lots.

5.3 New construction

Construction on newly created lots or vacant lots will be required to be compatiblewith the character of adjoining properties and the streetscape of Beach Boulevard.

As each existing building within the district is unique in appearance each newstructure to be constructed within the Hamilton Beach Heritage Conservation Districtwill be constructed in a manner that avoids replication of any single style, type orappearance whether of heritage or contemporary design. The intent is that no twobuildings should look alike.

New construction should also appear to be "new" and not pretend to be historical or

simply old by copying historic details that have no relevance in contemporaryconstruction such as shutters and multi-paned sash windows.

Archaeological Services Inc. July, 2000Built Heritage, Cultural Landscape and Planning Section

IIII

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELINES FOR NEW INF!LL CONSTRUCTION

Guiding Principles

iIIII!IIIIIIII

ALTERNATIVE LOCA-TION FOR GARAGE

NEW INFILLNew dwellingsshould be designedin a manner that pro-

vided living space ina building mass thatextends rearwards in

depth on the lotrather than horizon-

tally across the lot.Cross-gable or "L"

plans may be usedwhere appropriate.

ELr3

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4ILl

ClTYSENSE __ __URBAN DESIGN

bI

I r, REAR GARAGE

LANDSCAPED And other ancil-

, lary structures

I are best located, away from theI ÿ * J main faÿ:ade andI I should be Io-

l cated in tradi-!-4 tional areas for

these functions.

II

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LANDSCAPED FRONT YARD

AVERAGE LOT WIDTH 1 5 m

BEACH BOULEVARD

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I1=- WRAP-AROUNDI PORCH

ti NEW INFILLEach new struc-

i ure constructedwithin the Hamil-, ton Beach Heri-

l tage Conserva-, tion District will

l be constructed in, a manner that

t avoids replica-tion of any singlestyle. The intentis that no two

_[. buildings shouldlook like.

IiIiIIIIIiIIIII

Hamilton Beach Heritage Conservation District:Guidelines for conservation and change

Page 14

5.4 Design considerations in new construction

General factors governing visual relationships between an infill building, itsneighbours and the streetscape should be reviewed carefully and used as the basis fornew construction including consideration of: building height, width, setbacks, roofshape, number of bays, and materials. Specific guidance is described below:

Height: The majority of buildings within the Beach District are two storeys orless. Accordingly to maintain this profile new buildings should be nohigher than two storeys, particularly if there are high basement andfoundation walls. Required living space should be provided in abuilding mass that extends rearwards in depth on the lot rather thanupwards in height.

Width: New dwellings should be designed in a manner that provide livingspace in a building mass that extends rearwards in depth on the lotrather than in horizontal width across the lot. Cross-gable or "L" plansmay be used where appropriate.

Setback: Residences on the west side (or harbour side) of Beach Boulevardtend generally to be set back further than their eastern counterparts.Those constructed pre-1900 appear closer to the Boulevard.Accordingly, new construction should be set back from the road inkeeping with the post-1900 construction.

On the east (or lake side) any new construction should ensuretraditional facade frontage is oriented towards Beach Boulevard withbuilding setbacks that are the same as adjoining lots. Where adjacentbuildings are staggered from one another the new interveningbuilding facade should be:

located so that it does not extend beyond the front facade ofthe forward most building, or

located so that it does not sit behind the front facade of therearward building.

Proportionandmassing

New infill should be developed with horizontal to square facadeswith three bays comprising an entranceway and two window bays.Facades with a vertical emphasis should be avoided.

Archaeological Services Inc. July, 2000Built Heritage, Cultural Landscape and PlanningSection

IIII

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELINES FOR NEW INFILL CONSTRUCTION

Guiding Principles

IIIIIIIIIIIIII

FRONT GABLEFront gables are encouraged innew construction. Asphalt or

wood shingles are appropriatefor new construction

CITYSENSEURBAN DESIGN

WINDOWSNew window designs that gen-erally reflect vertical and rec-tangular dimensions are en-

couraged

TRELLISTrellises and porches are im-port_ant elements of the princi-

pal elevations.

WALL CLADDINGWall materials for use in new construction are encouraged to bewood cladding (board-and-batten or shingles), stucco, pebble-dash or rough cast. Very limited use or very small areas of syn-thetic cladding may be permitted, particularly when used withtraditional materials.

IIII

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELINES FOR NEW INFILL CONSTRUCTION

Guiding Principles

IIIiIIIIIIIIII

CLADDING MATERIALSThis example: shingles

ClWSENSEURBAN DESIGN

WAIL MATERIALSThis example: stucco in combi-

nation with shingles.

ROOFS AND ROOF FEATURESOne of the roof types which is encouarged is cross-gableshown bellow. Roof vents, satellite dishes,chimneys,flues and other venting devices and roof features are bestlocated to the rear of new buildings.

>-iiicÿO

L,I-.-I<I<az<L,Iz0

WINDOWSOn facades that face the street, windows should main-tain proportions of neighbouring properties. Large,multi-storey windows should be avoided.

IIII

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELINES FOR NEW INFILL CONSTRUCTION

Guiding Principles

IIIIIIII!IIIII

ENTRANCES AND PORCHESEntrances are usually an important ele-

ment of the principal elevation, frequentlyhighlighted with architectural detailingsuch as door surrounds and porches and

recessed or projected from the wall facefor emphasis.

I

CITYSENSEURBAN DESIGN

ROOFS : CROSS GABLESCross gables with windows may be appro-priate in front elevations on Beach Boule-

vard provided that they do not overpowerthe facade. Dormers should only be en-couraged at the rear or side elevations.

This example: asphalt shingles.

CLADDING MATERIALSWall materials for use in new constructionare encouraged to be wood cladding, eitheras board-and-batten or wood shingles,

stucco and pebble-dash or rough cast.This example: board-and-batten.

I

IIII

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELINES FOR NEW INFILL CONSTRUCTION

Guiding Principles

WINDOWS AND BAY WINDOWSThe windows should be arranged in a varietyof ways, either individually, pairs, groups orcomposing a bay

PROPORTION AND MASSINGNew infill should be developed with horizontal tosquare facades with three bays comprising an en-tranceway and two window bays. Facades with avertical emphasis should be avoided

WRAP-AROUND PORCH

ClTYSENSEURBAN D[SIGN

CLADDING MATERIALSThis example: wood cladding

I

IIII

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELINES FOR NEW INFILL CONSTRUCTION

Guiding Principles

ROOF MATERIALS

This example with cedar shingles.

HIPPED ROOFOne of the roof types encouraged in newconstruction is hipped roof.

STUCCO FACADE

WOOD SHINGLES

g@l

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CIWSENSEURBAN DESIGN

TWO-STOREY VERANDAHEntrances are an important element of the principal orientatiuon,frequently highlighted with architectural elements such asporches, and verandahs.

Hamilton Beach Heritage Conservation District: Page 15Guidelines for conservation and change

Roofs Roof types encouraged in new construction are front gable, cross- or

centre gable and hipped or truncated hip. Side gable, mansard,gambrel and flat roofs are not typical of the Beach District and shouldbe avoided. Asphalt or wood shingles are appropriate for newconstruction. Concrete, clay tile, slate, metal or composite materials

are discouraged.

Roof vents, skylights, satellite dishes, solar panels, chimneys, flues,other venting devices and roof features are best located to the rear ofnew buildings.

Cross or centre gables with windows may be appropriate in frontelevations on Beach Boulevard provided that they do not overpowerthe facade. Dormers should only be encouraged at the rear or sideelevations.

Materials The majority of buildings in the Hamilton Beach HeritageConservation District are of frame construction with a variety ofcladding materials. Cladding materials include stucco, rough cast andpebble-dash, clapboard, board-and-batten and wood shingles.Synthetic materials such as metal or vinyl siding have also been used,either in whole or in part, to patch or cover former historical cladding.Brick and stone are used sparingly.

Wall materials for use in new construction are encouraged to bewood cladding, either as board or shingles, stucco and pebble-dash orrough cast. Very limited use or very small areas of synthetic claddingmay be permitted, particularly when used with traditional materials.Use of brick, concrete or other masonry blocks should be avoided.

Windows: A range of window and entrance types are evident in the existing latenineteenth and twentieth century architectural styles represented inthe Hamilton Beach Heritage Conservation District. The overallappearance of building facades is more wall surface (solids) thanwindows (voids). Generally window openings are vertical andrectangular. There are also examples of semi-circular, segmental and

round headed openings. The windows are arranged in a variety ofways, either individually, pairs, groups or composing a bay. Newwindow designs that generally reflect vertical and rectangulardimensions are encouraged. On facades that face the street, windows

should maintain proportions of neighbouring properties. Large,full-length, multi-storey or picture windows are best avoided.

Archaeological Services Inc. July, 2000Built Heritage, Cultural Landscape and Planning Section

Hamilton Beach Heritage Conservation DistrictGuidelines for conservation and change

DESIGN GUIDELIN:ES FOR NEW INFILL CONSTRUCTION

Guiding Principles

GARAGESGarages and ancillarystructures are best lo-

cated away from themain facade and shouldbe located in traditionalareas for these functions,

usually towards the rearof the lot. Garages, inparticular, should notform part of the front fa-cade of the main build-ing.

t

ClTYSENSEURBAN DESIGN

I

Hamilton Beach Heritage Conservation District: Page 16Guidelines for conservation and change

Entrances: Entrances are usually an important element of the principal elevation,frequently highlighted with architectural detailing such as doorsurrounds and porches and recessed or projected from the wall facefor emphasis. Accordingly, full size double doors and large amountsof glazing in entranceways should be avoided.

Garagesandancillarystructures

Garages and ancillary structures are best located away from the mainfacade and should be located in traditional areas for these functions,usually towards the rear of the lot. Garages, in particular, should notform part of the front facade of the main building.

Archaeological Services Inc. July, 2000Buf!t Heritage, Cultura! Landscape and Planning Section

Hamilton Beach Heritage Conservation District: Page 19Guidelines for conservation and change

6.3 Landscape conservation guidelines

The following guidelines focus on three areas of responsibility, based primarily onownership:

Q Existing built properties (described in section 6.3.1 );Vacant building lots (described in section 6.3.2 ); andPublic realm responsibilities, including streets and the beach corridor(described in section 6.3.3)

The guidelines are based primarily on the analysis of the existing landscape character-d efi n i n g features.

The landscape within the Hamilton Beach Heritage Conservation District althoughmade up of a variety of components creates a cohesive visual quality that unifies thisdistinctive area. Given the significant variation in building forms, materials andcolours it is essential that the existing "non-building" landscape componentsdescribed previously, be retained and managed in a way that continues to tie and linkall component features. It is also equally important that where new landscapeelements are to be added to the Hamilton Beach environment they should beincorporated in a manner that enhances and complements the existing Beachcharacter.

Guidelines for existing built propertiesProperty owners are encouraged to retain and preserve existing shrubs,

hedging and ornamental fencing along the side yards and frontages.

New trees added to front and sideyards should be selected from the specieslist of trees already found in the neighbourhood (except Norway Maple andManitoba Maple-Acer platanoides and Acer negundo, which are not suitablefor replanting).

Garages and sideyard parking should be retained and set back from the frontline of the houses.

Where possible historic photos should be used to guide the re-establishmentof landscape features such as fences, gates and arbours.

Guidelines for new infill development in vacant lotsThe existing vegetation around the perimeter of vacant lots should beretained and protected during construction by means of a barricade aroundthe vegetation. New driveways will be located in a manner that ensures the

Archaeological Services Inc. July, 2000Built Heritase, Cultural Landscape and Planning Section

INFILL LOT LANDSCAPE AND EXISTING PROPERTY FEATURES

!IIII!

1

IIII!

[]

NEW HOUSE

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WENDY SHEARER LANDSCAPE ARCHITECT LIMITED

KEY:

1. SETBACK CONSISTENT WITH ADJACENT PROPERTY2. DRIVEWAY ALONG SIDE OF HOUSE WITH PARKING SPACE BEHIND FRONT LINE OF HOUSE3. FENCE OR FRONT HEDGE DEFINING ROAD ALLOWANCE AND FRONT YARD4. MIXED PLANTING BED OF SHRUBS AND PERENNIALS AT FOUNDATION OF HOUSE5. LARGE SPECIMEN DECIDUOUS AND CONIFEROUS TREES IN REAR YARDS6. PROPERTY LINE DEFINITION BY MIXED SHRUB BORDERS, FENCING AND HEDGES.7. EXISTING SIDEWALK8. STREET TREES AND GRASSED BOULEVARD

Beach Ne!ghbourhood

Appendix F

Section Nine - "C" Districts

General Information

SECTION NINE -"C" DISTRICTS

(URBAN ~ROTECTED RESIDENTIAL, ETC.)

REQUIREMENTS AS TO USE

9. (1 Subject to the provisions of Sections 3, 18, 18A, and 19, in a "C"District, no building or structure shall be erected, altered,extended, or enlarged, nor shall any building or structure or partthereof be used, nor shall any land be used, for other than one ormore of the following uses, namely: (8158/57) (83-66)

RESIDENTIAL USES

A single family dwelling, together with the accommodationof lodgers to the number of not more than three; (81-27)

(6902/52) (81-27) (Deleted by 92-281

(iia) A foster home; (10837/65) (81-27)

(iib) A residential care facility for the accommodation of notmore than 6 residents; (81-27)

Retirement home for the accommodation of not more than sixresidents. (01-143)

INSTITUTIONAL USES

(iii A day nursery, provided that

(a) Subject to subsection (b), every such day nursery,

shall accommodate not more than 25 children,and

(i)

shall be situated on a lot having a minimumradial separation of 180.0 metres from thelot line to the lot line of any other lotoccupied or as may be occupied by a day

nursery.

(ii

(b) Subsection (a) shall not apply to a day nurserylocated within a school, church, community centre,or other public building. (10743/65) (79-288)(80-049) (90-248)

9-1

PUBLIC USES

(iv) A schoolsanatorium(66-273)

of learningschool, and(92-170)

a coITUl1ercialincluding a

exceptnot

schooldormitory;or

(iva) A seminary. (92-170)

(v) A library, art gallery, museum, observatory, communitycentre or other such cultural, recreational or communitybuilding or structure, except one carried on as abusiness, or of a kind that is customarily carried on as abusiness. Provided that a Community Centre, permittedunder this paragraph shall be one that is operated for thebenefit of all residents of a given ne ighbourhood , andwhere all such residents are afforded opportunity forrecreational activities, and where individuals may bepermitted to combine into groups to do their own canningand for any other self-help programs with respect to homeeconomy or the household arts; and (6692/51)

A bowling green, tennis court, playground, playfield, playlot or other such recreational use except one carried onas a business, or of a kind that is customarily carried on~s a business,

Provided, however, that any building permitted inconnection with any such tennis court, bowling green orother recreational use shall be limited to such

locker-rooms, dressing rooms, shower baths, and other suchaccessory uses necessary for their operation; (708S/S3)

MISCELLANEOUS OR INCIDENTAL USES

(vii) A private garage; (92-170)

(viii) Parking spaces to such a number as is reasonably n~cessaryfor a permitted use to which the same is appurtenant,provided that the same are hard-surfaced and abut upon ahard-surfaced driveway givin~ ready access to a street oralley, and that same are used only as appurtenant to suchpermitted use, (6902/52)

And provided further that the foregoing shall not beconstrued so as to permit the expansion for such purposeof a non-conforming usei (6902/52)

A storage garage of such capacity as is 7easonablynecessary for a permitted use to which the same isappurtenant, provided that same is used only asappurtenant to such permitted use, (6902/52)

9-2

And provided further that the foregoing shall not beconstrued so as to permit the expansion for such purpose,of a non-confo~ng use; (6902/52)

HEIGHT REQUIREMENTS

(2) In a "C" District, no building shall exceed two and a halfstoreys, and no structure shall exceed 11.0 metres (36.09 feet),in height. (9141/60) (79-288) (80-049)

AREA .REQUIREMENTS

(3) The following yards shall be provided within the district, andmaintained, as appurtenant to every building or structure in a "C"District: (8927/60)

(i a front yard of a depth of at least 6.0 metresfeet); (79-288) (80-049)

(19.69

a side yard along each side lot line, of a width of atleast 1.2 metres (3.94 feet); (6902/52) (79-288)(80-049)

a rear yard of a depth of at leastfeet). (79-288) (80-049)

(24.617.5 metres

INTENSITY OF USE

(4) Every l~t or tract of land in a "C" District shall have a width ofat least 12.0 metres (39.37 feet) and an area of at least 360.0square metres (3,875.13 square feet) within the district.(8927/60) (6908/52) (79-288) (80-049)

DISTANCE REQUIREMENTS

(5) Except as provided in Subsection 6, every residential carefacility and retirement home shall be situated on a lot having aminimum radial separation distance of 300.0 metres from the lotline to the lot line of any other lot occupied or as may beoccupied by a residential care facility, retirement home,emergency shelter, corrections residence or correctional- facility.(81-27) (01-143)

9

(6) Where the radial separation distance from the lot line of anexisting residential care facility or an existing retirement homeis less than 300.0 metres to the lot line of any other lotoccupied by a residential care facility, retirement home;emergency shelter, corrections. residence or correctional facility,the existing residential care facility or existing retirement homemay be expanded or redeveloped to accommodate not more than thepermitted number of residents. (81-27) (01-143)

9-4

Beach Neiqhbourhood

Appendix G

By- Law No. 00- 136

Bill No. C- 051

The Corporation of the City of Hamilton

BY-LAW NO. 00- 136

To Amend:

Zoning By-law No. 6593As Amended by Zoning By-laws No. 99-169 and 99-170

Respecting:

LANDS LOCATED ATMUNICIPAL NOS, 869-1019 and 870-1064 BEACH BOULEVARD

WHEREAS the Council of The Corporation of the City of Hamilton passedZoning By-law No. 6593 on the 25th day of July 1950, which by-law was approved by theOntario Municipal Board by Order dated the 7th day of December 1951, (File No. P.F.C.3821);

AND WHEREAS the Council of The Corporation of the City of Hamiltonpassed By-law No. 99-169 on the 30ÿ day of November 1999 to establish specialrequirements under Section 19B of Zoning By-law No. 6593, for the "C", "G" and "H"Districts, in respect of the lands located east (Lake Side) of Beach Boulevard, in theBeach Neighbourhood, the extent and boundaries of which are shown on a plan theretoannexed as Schedule "A", which by-law came into force on the day it was passed inaccordance with the Planning Act;

AND WHEREAS the Council of The Corporation of the City of Hamiltonpassed By-law No. 99-170 on the 30th day of November 1999 to establish specialrequirements under Section 19B of Zoning By-law No. 6593, for the "C", "G" and "H"Districts, in respect of the lands located west (Bay Side) of Beach Boulevard, in theBeach Neighbourhood, the extent and boundaries of which are shown on a plan theretoannexed as Schedule "A", which by-law came into force on the day it was passed inaccordance with the Planning Act;

AND WHEREAS the Council of The Corporation of the City of Hamilton, inadopting Section 5 of Report Thirteen of the Planning and Development Committee at itsmeeting held on the 9th day of August 2000, recommended that Zoning By-law No. 6593,as amended by By-laws No. 99-169 and 99-170, be further amended as hereinafterprovided;

AND WHEREAS this by-law is in conformity with the Official Plan of theHamilton Planning Area, approved by the Minister under the Planning Act on June 1,1982.

NOW THEREFORE the Council of The Corporation of the City of Hamiltonenacts as follows:

1. The "C" (Urban Protected Residential, etc.) District provisions, as containedin Section 9 of Zoning By-law No. 6593, as amended by By-laws No. 99-169 and 99-170,applicable to the lands shown on a plan hereto annexed as Schedule "A" and formingpart of this by-law, are further amended to the extent only of the special requirementsthat,

(a) notwithstanding subsection 9. (2) of Zoning By-law No. 6593, nobuilding shall exceed two storeys and no structure shall exceed 9.0metres in height; and,

2By-law Respecting 869-1019 and 870-1064 Beach Boulevard

(b) notwithstanding Section 9. (3) (i) of Zoning By-law No. 6593, themaximum front yard depth for the dwelling shall not exceed 12.0metres; and,

(c) for a dwelling with a carport or attached or detached garage, thenthe following provisions shall apply:

(i) notwithstanding any other provision of this by-law or ZoningBy-law No. 6593, the front wall of the carport or garage shallbe located a minimum of 1.5 metres behind the main wall ofthe dwelling and in every case have a front yard depth of notless than 7.5 metres; and,

Sections i8. (2) (i) and 18. (3) (iii) of Zoning By-law No. 6593shall not apply.

2. No building or structure shall be erected, altered, extended or enlarged, norshall any building or structure or part thereof be used, nor shall any land be used, exceptin accordance with the "C" District provisions, subject to the special requirements referredto in sections 1 and 2 of By-law No. 99-169, sections 1 and 2 of By-law No. 99-170 andsection i of this by-law.

3. By-law No. 6593 is amended by adding this by-law to section 19B asSchedule S-i435a and S-1436a.

4. Sheets No. E-80e and E-80f of the District Maps are amended by markingthe lands referred to in sections 1 and 2 of By-law No. 99-169, sections 1 and 2 of By-lawNo. 99-170 and further amended by section 1 of this by-law, S-1435a and S-1436a.

5. In all other respects, By-laws No. 99-169 and 99-170, are herebyconfirmed, unchanged.

6. The Acting Municipal Clerk is hereby authorized and directed to proceedwith the giving of notice of the passing of this by-law, in accordance with the Planning Act.

PASSED this 9th day of August A.D. 2000

ACTING MUNICIPAL CLERK MAYOR

(2000) 13 R.P.D.C.City Initiative 00-D

, August 9

\\

\

\

This is Schedule "A" to By-Law.No. O0 m.l,ÿ.ÿ ..........Passed the ........ .ÿth,.. day of ,..A.UgÿU.S..r...,ZUO0.

rCity of Hamilton

Mayor

Legend

Schedule "A"

. Community Planning and Development DMslon

to Amend By-Law No. 6593

Map Forming Part ofBy-Law No, 00- 136

i""" "= Modification to the "C"- = - = (Urban Protected Residential, etc)

District regulations,

North 8caJe Reference File No.

.ÿ .... NOTTO SCALE CI.O0.DDaÿe Orawn 8,/

.. , , July, 2000 , , , J.S .2

Beach Neiqhbourhood

Appendix H

Section Thirteen "G"

SECTION THIRTEEN - "G" DISTRICTS

(NEIGHBOURHOOD SHOPPING CENTRE, ETC.)

REQUIREMENTS AS TO USE

13. (i) Subject to the provisions of Sections 3, 18, 18A, and 19, in a"G" District, no building or structure shall be erected, altered,extended or enlarged, nor shall any building or structure or partthereof be used, nor shall any land be used, for other than oneor more of the following uses, namely: (8158/57) (83-66)

(i) A use as permitted in a "D" District and subject to thesame restrictions except where otherwise specified inthis Section. (10718/65)

RESIDENTIAL USES

(ia) (81-27) (78-140) (81-26) (Deleted by 01-143) (02-043)

INSTITUTIONAL USES

(ib) A day nursery. (90-248)

COS£4ERCIÿ-L USES (6902/52)

(ii)

(iii)

(iv)

A business or professional person's office;

A bank;

A photographer's or artist's studio, but not including amotion picture studio;

(v) A barber shop, hairdressing establishment, beautyparlour, massage parlour, public baths, shoe-shine

parlour, caterer's shop or other such establishment for

personal service, including a messenger service;

(vi) A tailor's shop, dressmaker's establishment, millineryshop, shoe repair shop or other wearing apparel workshop,or a household appliance repair shop, provided there arenot more than five persons employed in the business atany time of the year, including the proprietor if

working;

13-1

(vii) A restaurant or refreshment room without any

dancing or other entertainment except music;

(viia)

(viii)

An outdoor patio; (86-223)

A frosted food locker plant, provided there are no morethan five persons employed in the business at any time ofthe year, including the proprietor if working;

(xiii)

(xiv)

(xv)

(xi)

(xii)

(x)

(ix) A retail bakery store with or without a bakery asincidental thereto, or a confectionery store with orwithout a candy kitchen as incidental thereto, providedin all cases, that there are not more than five persons

employed in the business at any time of the year,including the proprietor if working;

Any other retail store, or a show room or sample room,

including one dealing in bona fide antiques, or anyestablishment for the rental of bicycles or of othergoods, wares or merchandise, but excepting a second-hand

shop, pawnbroker's shop, plumbing fixture shop or petshop;

A commercial lending library;

A laundry or dry-cleaning establishment using non-inflammable solvents only, or a cleaner and presser if nomore than 1.127 litres (i quart) of inflammable liquid isat any time upon the premises, or a collecting anddistributing station for a laundry or dry-cleaningestablishment; provided there are no more than fivepersons employed in any such business, at any time of theyear, including the proprietor if working; (80-049)

Parking spaces, a public parking lot or a storage garagewhere all gasoline storage is in underground tanks, butexcepting all other kinds of public garages; (6902/52)

A theatre with seating capacity for not more thanseven hundred and fifty persons; (81-239) 82-67)(82-68)

A business identification sign that is a wall sign of anoccupancy or use, that complies with the followingrequirements:

i. No sign shall exceed 2.0 metres in height.

2 . The total aggregate area of all the signs shall notexceed 0.5 square metres for each 0.5 metres of

exterior lineal face of the building.

3. Every sign shall be parallel to the wall to which

13-2

4 .

it is affixed.No sign shall be illuminated unless the source oflight is steady and suitably shielded to containthe illumination. (6902/52) (75-242) (79-288)(80-049) (81-30)

(xva) (75-242) (79-288) (80-049) (81-30) Repealed(96-092)

INCIDENTAL AND ACCESSORY USES

(xvi) A storage room or an upholsterers' workshop or

other use customarily incidental to any permitted use andnot hereinbefore in this section specifically mentionedor limited, but excepting the killing or dressing oflivestock and the killing of fowl, and provided thatevery such incidental use and every accessory use is

carried on upon the same premises as the permitted use,

and occupies not more than twenty-five per cent of the

floor area. (6902/53)

HEIGHT REQUIREMENTS

(2 In a "G" District, no building shall exceed two storeys, and nostructure shall exceed 14.0 metres (45.93 feet), in height.(9141/60) (9438/61) (79-288) (80-049)

AREA REQUIREMENTS

(3 The following yards shall be provided within the district, andmaintained as appurtenant to every building or structure in a "G"District: (8927/60)

(i) Where a front yard is required for any lot on the sameside of a street between two intersecting streets, afront yard of a depth at least as great as that requiredfor any such lot, but in no case of a depth of less than3.0 metres 9.84 feet)k (6908/52) (9438/61) (79-288)(80-049)

(ii) For a building used wholly or partly as a dwelling, aside yard along each side lot line, of a width of atleast 1.2 metres (3.94 feet), and, for every building orstructure not so used, or for a dwelling unit above

commercia! premises, no side yard shall be requiredexcept where the lot upon which the same is situateaÿjoins a district in which side yards are required, inwhich case there shall be a side yard along that side, of

13-3

a width at least as great as that required in suchadjoining district; 9438/61) and (7457/55) (79-288)(80-049)

• NOTE: Side yards are, however, required by the BuildingBy-Law for fire protection, for certain types ofconstruction.

(iii) (a) For a building used wholly for humanhabitation, a rear yard of a depth of at least 7.5metres (24.61 feet), (9748/62) (79-288) (80-049)

(b) For a building used partly for human habitation, arear yard of a depth of at least 7.5 metres (24.61feet) for every part of the building so used, and(9748/62) (79-288) (80-049)

(c) In all other cases a rear yard of a depth of atleast 4.5 metres (14.76 feet). 6902/52)(9748/62) (79-288) (80-049)

INTENSITY OF USE

(4 Every lot or tract of land upon which a dwelling is erected,converted or reconstructed in a "G" District, shall have withinthe district: (8927/60)

(i) for a single family dwelling, residential care facility,short-term care facility, lodging house, or two familydwelling, a width of at least 12.0 metres (39.37 feet)and an area of at least 360.0 square metres (3875.13square feet); (9438/61) (79-288) (80-049)

(ii) Deleted (9438/61)

DISTANCE REQUIREMENTS

(5 Except as provided in subsection 6, every residential carefacility and every short-term care facility shall be situate on alot having a minimum radial separation distance of 180.0 metresfrom the lot line to the lot line of any other lot occupied or asmay be occupied by a residentia! care facility or a short-termcare facility. (81-27)

(6) Where the radial separation distance from the lot line of anexisting residential care facility or an existing short-term carefacility is less than 180.0 metres to the lot line of any otherlot occupied by a residential care facility or short-term carefacility, the existing residential care facility or short-termcare facility may be expanded or redeveloped to accommodate not

13-4

more than the permitted number of residents. (81-27

PRIOR EXISTING USES

(7) The following uses existing on the date of the passlng of By-LawNo. 93-161 and any alteration, extension or enlargement of the

continuing uses after the passing of the By-Law shall bepermitted:

(i) A Townhouse Dwelling subject to the "RT-10" Districtprovisions;

(ii) A Street Townhouse Dwelling subject to the "RT-30"District provisions. (93-161)

(8) Notwithstanding subsection (7), those lands at No. 2774 KingStreet East shall be deemed a "PRIOR EXISTING USE". (93-161)

LANDSCAPE REQUIREMENTS FOR COMMERCIAL USES

(9) (i) A planting strip of not less than 1.5 metres in widthshall be provided and maintained along every side lotline and rear !ot line adjoining a residential districtor use, except where a building, structure or accessory

building is located and except for the area used foraccess driveways; and

(ii) Where any parking space or manoeuvring space is adjacentto a street line, a landscaped area having a minimumaverage width of 2.0 metres, but not less than 1.0 metre

is width, shall be provided and maintained along theentire street line of the lot, except for the area usedfor access driveways. (99-040)

13-5

Beach Neiqhbourhood

Appendix I

Section Fourteen "H"

SECTION FOURTEEN - "H" DISTRICTS

(COMMUNITY SHOPPING AND COMMERCIAL, ETC.)

REQUIREMENTS AS TO USE

14. (i) Subject to the provisions of Sections 3, 18, 18A, and 19, in an"H" District, no building or structure shall be erected, altered,extended or enlarged, nor shall any building or structure or partthereof be used, nor shal! any land be used, for other than oneor more of the following uses, namely; (8158/57) (83-66)

RESIDENTIAL USES

i) A lodging house, tourist home and a tourist camp for theaccommodation of not more than fifty persons. (6692/51)

(7977/57) (9520/61 (10346/64) (78-184) (81-27)(75-195) (01-143)

ii) A single family dwelling on any vacant lot which adjoinsa lot upon which is located a dwelling or a multipledwelling; or a single family dwelling on a vacant lotwhere more than half of the lots on the same side of thestreet between two intersecting streets are the sites ofdwellings, multiple dwellings, or buildings containingdwelling units; (6692/51) (9655/62)

iii)

iiib)

iiid)

iiie)

iiic)

ilia)

One or two dwelling units in the same building witha commercial use permitted in the district. (9655/62)

One dwelling unit for each 180.0 square metres (1,937.50square feet) of area of the lot upon which the buildingis situate provided that the building does not exceed 2stories in height and provided further that the grossfloor area of the building used for dwelling units doesnot exceed the gross floor area used for commercial

purposes. (10700/65) (79-288) (80-049) (81-27)

A residential care facility for the accommodation of notmore than twenty residents. (81-27)

An emergency shelter for the accommodation of not morethan fifty residents. (81-27) (01-143)

A retirement home for the accommodation of not more thanfifty residents. (01-143)

A corrections residence for the accommodation of not more

than twenty-five residents. (01-143)

14-1

INSTITUTIONAL USES

(iv)

(v)

(vi)

(via)

Any institutional uses as permitted in an "E" District;

A sanatorium, if at least a 30.0 metres (98.43 feet) froma residential district; (9438/61) (79-288) (80-049)

(9438 61) (79-288) (80-049) (Deleted by 01-143)

A day nursery. (90-248)

PUBLIC USES

(vii) Any public use as permitted in an "E" or "G"

District;

COMMERCIAL USES

(viii) Any commercial use permitted in an "E" or "G" District

without limitation of the number of employees except apublic parking lot located in the area shown on Schedule"N", a massage parlour, public bath or a theatre.

(78-184) (99-174)

(ix) A pharmaceutical, chemical, physical or optician'sLaboratory, but not including a factory;

(x)

(xi)

(xii)

A commercial school or a motion picture studio, a radiobroadcasting station, with or without a studio ortheatre. (84-157)

A second-hand goods shop, pawnbroker's shop, pet shop,

open-air market or retail store of any kind, including aliquor dispensary or brewer's warehouse. (7058/53)(7129/53

Provided however, that a second-hand goods shop in an"H" District shall be one where there are sold or offeredor exposed for sale only c!othes, jewellery, watches,clocks, flatware, tableware, house furniture, house

furnishings or other such household or personal effects,and by retail only, and where no second-hand pipe orother plumbing or building materials or fixtures are soldor offered or exposed for sale, or kept or had, nor any

secondLhand motor vehicle or bicycle parts, tires oraccessories, nor any "scrap metal, waste paper, rags,

bones, bottles or other such second-hand or salvaged

materials or things; (7085/53)

Repealed (78-184)

14-2

(xiii)(xiv)

Repealed (78-184)An auctioneer's premises, a book-binder's or

carpenter's shop which is not a factory, any automobileservice station or other public garage excluding all bodyand fender repairing for which special equipment isusually used, and provided that all gasoline storage isin underground tanks, a locksmith's shop, a painter's

shop which is merely incidental to a permitted use butnot including spray painting, or a plumber's shop orother workshop, but excepting a blacksmith's shop,welder's shop, tinsmith's shop, auto body and fenderrepair shop, auto wrecking or salvage shop, or any shopwhich is a factory; (6908/52) (78-184) (90-232)

(xv) An animal hospital, kennel or any building or structurewhere animals are commercially kept or raised, if distantat least 30.0 metres (98.43 feet) from any residentialdistrict, but this clause shall not be construed aspermitting a livery stable or riding academy, or aslimiting the location of a pet shop; (9438/61)(79-288) (80-049)

(xvi) A third party/billboard sign in accordancewith the requirements of Section 18.(15), a roof sign,an overhanging sign or other sign or notice; (96-092)

(xvii) Storage of goods to be manufactured, assembled or soldupon the premises, if occupying not more thantwenty-five per cent of the floor area;

(xviia) Either a manual car wash or a mechanical car wash,utilizing not more than one bay or stall, accessory toan automobile service station or public garage if,(72-224)

(a) the car wash is in the same building, and

(b) not more than 30% of the gross floor area of theservice station or other public garage building isused for the purpose of the car wash, and(73-128) (74-44) (74-46) (76-40) .

Explanatory Note:

By-Law No. 76-40 states as follows:

i , By-Law No. 72-224 passed on the 30th day of August,1972, and re-enacted by By-Law No. 74-44 passed on

the 26th day of February, 1974, as amended byBy-Law No. 73-128 passed on the 24th day of April,1973, and re-enacted by By-Law No. 74-46 passed on

the 26th day of February, 1974, shall not apply to,

(a) a manual car wash, mechanical car wash, coin-

operated car Wash or high speed mechanicalcar wash erected or constructed and in

14-3

operation prior to August 30, 1972;

(b) the automobile service station located at thenorth-east corner of Mohawk Road East and

Upper Wellington Street, more particularlyshown on Schedule "A" hereto annexed and

forming part of this By-Law.

(xviib) (97-073) Repealed. (98-253)

INDUSTRIAL USES

(xviii) Any manufacture normally incidental to a permitted useconducted on the premises, if no more than twenty-five

per cent of the floor area is occupied by power-drivenmechanical equipment; (92-170)

Textiles and Textile Products

(xix) A commission dyeing plant, if merely incidental toa dry-cleaning establishment, and occupying not morethan twenty-five per cent of the floor area;

Wood and Paper Products

(xx) A printing establishment, if not more than twenty-fiveper cent of the floor area is occupied by power-drivenmechanical equipment;

Miscellaneous

(xxi) An artificial ice plant having a capacity of not morethan 18.18 tonnes (20 tons) daily, together with storagefacilities as incidental thereto, of a capacity of notmore than 18.18 tonnes (20 tons); (80-049) (79-288)

CONVERSION OF USES

(la)

(Ib)

(ic)

(83-86)

(83-86)

(83-86)

Deleted by 92-281)

Deleted by 92-281)

Deleted by 92-281)

14-4

HEIGHT REQUIREMENTS

(2) (i) Except as provided in subclause (ii), no building orstructure shall exceed four storeys or 17.0 metres (55.77feet) in height; (9141/60 (9520/61) (76-148)(79-288) (80-049)

(ii) Where side yards are not less than 3.0 metres (9.84 feet)wide, the height of a building or structure shall notexceed eight storeys or 26.0 metres (85.30 feet) inheight. (76-148) (79-288) (80-49)

AREA REQUIREMENTS

(3) The following yards shall be provided within the district, andmaintained, as appurtenant to every building or structure in an"H" District; (8927/60)

(i) Where a front yard is required for any lot on the sameside of a street between two intersecting streets, a

front yard of a depth at least as great as that requiredfor any such lot; (6908/52) (9438/61)

(ii) (a) For a building used wholly or partly for humanhabitation except for a hostel, tourist home, and atourist camp, if not over two and a half storeys orii.0 metres (36.09 feet) in height, then a sideyard along each side lot line, of a width of atleast 1.2 metres (3.94 feet), and if higher, thenat least 2.7 metres (8.86 feet), and for a buildingor structure not so used, no side yard shall berequired, except

where the lot upon which the same is situateadjoins a district in which side yards arerequired, in which case there shall be a side yardalong that side, of a width at least as great asthat required in such adjoining district;(6908/52) (9438/61) (76-67) (79-288) 80-049)(81-27)

Provided however] that when dwelling units occurabove business uses, the foregoing shall not applyto require side yards; (but see BuildingRegulations for front and rear light andventilation requirements in such cases).

NOTE: Side yards are however, required by theBuilding By-Law for fire protection, forcertain types of construction.

(b) For a hostel, tourist home and a tourist camp, if

14-5

not over three storeys or ii.0 metres (36.09 feet)in height, then a side yard along each side !otline, of a width of at least 1.2 metres (3.94feet), and if over three storeys or ii.0 metres(36.09 feet) in height, then at least 2.7 metres(8.86 feet), provided that for every storey abovethe fourth storey, the width of each side yardshall be greater by an additional 1.0 metres (3.28feet); (76-67) (79-288) (80-049) (81-27)

(iii) (a) For a building used wholly for human habitation, arear yard of a depth of at least 7.5 metres (24.61feet) (6908/52) (9655/62) (79-288) (80-049)

(b) For a building used partly for human habitation, arear yard of a depth of at least 7.5 metres (24.61feet) for every part of the building so used; and(9655/62) (79-288) (80-049)

(c) In all other cases a rear yard of a depth of atleast 4.5 metres (14.76 feet). 6724/51)(9655/62) (79-288) (80-049)

INTENSITY OF USE

(4) Every lot or tract of land upon which a dwelling is erected,converted or reconstructed in an "H" District shal! have withinthe district: (9655/62)

i) For a single family dwelling, residential care facility,short-term care facility, or lodging house, a width of atleast 12.0 metres (39.37 feet) and an area of at least360.0 square metres (3,875.01 square feet); (9655/62)(79-288) (80-049) (81-27)

ii) For one or two dwelling units in the same building with acommercial use, a width of at least 12.0 metres (39.37feet) and an area of at least 360.0 square metres3,875.01 square feet). (9655/62) (79-288) (80-049)

FLOOR AREA RATIO

(5) No building or structure in an "H" District shall have a grossf!oor area of more than four times the area within the districtof the lot on which it is situate. (9520/61) (10259/63)

PRIOR EXISTING USES

(6) The following uses existing on the date of the passing of By-LawNo. 78-184 and any alteration, extension of enlargement of the

14-6

continuing uses after the passing of the By-Law shall bepermitted: (78-184 passed 28th June 1978)

i) A hotel; (78-184)ii) A tavern; (78-184)

iii) A billiard room, bowling alley, shooting gallery, pennyarcade, public hall, music hall, theatre or other placeof amusement except a travelling show within the meaningof The Travelling Shows Act, and excepting also acarnival show, circus, trained animal show,

merry-go-round, roller coaster, race track and other such

places of amusement; (78-184)

iv) An undertaker's establishment or funeral home if there isno crematorium; (78-184)

(v) A massage parlour, public bath; (78-184) (78-104)(78-183)

DISTANCE REQUIREMENTS

(7) Except as provided in Subsection 8, every residential carefacility, retirement home, emergency shelter or correctionsresidence shall be situated on a lot having a minimum radialseparation distance of 300.0 metres from the lot line to the lotline of any other lot occupied or as may be occupied by aresidential care facility, retirement home, emergency shelter,corrections residence or correctional facility. (81-27) (01-143)

(8) Where a radial separation distance from the lot line of anexisting residential care facility or an existing retirement homeor an existing emergency shelter is less than 300.0 metres to thelot line of any other lot occupied by a residential carefacility, retirement home, emergency shelter, corrections

residence or correctional facility, the existing residential carefacility, the existing retirement home or the existing emergencyshelter may be expanded or redeveloped to accommodate not more

than the permitted number of residents. (81-27) (01-143) (02-043)

(8a) In addition to the requirements of Subsections (7) and (8), acorrections residence shall be situated on a lot having a minimumradial separation distance of 30.0 metres from the lot line tothe lot line of any other lot occupied by an existing residentialuse or residential district. (01-143)

LANDSCAPE REQUIREMENTS FOR COMMERCIAL USES

(9) (i) A planting strip of not less than 1.5 metres in widthshal! be provided and maintained along every side lot

14-7

line and rear lot line adjoining a residential districtor use, except where a building, structure or accessory

building is located and except for the area used foraccess driveways; and

(ii) Where any parking space or manoeuvring space is adjacentto a street line, a landscaped area having a minimumaverage width of 2.0 metres, but not less than 1.0 metres

in width, shall be provided and maintained along theentire street line of the lot, except for the area usedfor access driveways. (99-040).

14-8

Beach Neighbourhood

Appendix J

Hamilton Beach Strip Cultural Heritage Landscape Cultural Heritage and Urban Design Policies for Development

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13

CONSOLIDATIONS

Urban Hamilton Official Plan March 2014

1 of 1

URBAN HAMILTON OFFICIAL PLAN

Adopted: July 9, 2009

MMAH Approved: March 11, 2011

Effective Date: August 16, 2013

(OMB Decision: August 16, 2013, Case No. PL110331)

CONSOLIDATIONS

1. October 2013

(includes 5 OMB Decisions issued September 12, 2013 and

one decision issued October 30, 2013) 2. March 2014

(includes 1 OMB Decision issued February 21, 2014)

Text highlighted in grey indicates policies that remain under

appeal and are not in effect as of the date of the consolidation.

Table of Contents

Urban Hamilton Official Plan March 2014

i

TABLE OF CONTENTS

VOLUME 1 – PARENT PLAN

Policies Page

CHAPTER A - INTRODUCTION A-1

A.1.0 HAMILTON’S OFFICAL PLAN A.1-1

1.1 Geographic Setting A.1-1

1.2 Hamilton’s Future – A Time for Change A.1-1

1.3 Function of the Official Plan A.1-2

1.4 Principles of the Official Plan

1.5 Structure and Organization of the Official Plan

A.1-2

A.1-3

1.6 Supporting Plans and Strategies A.1-3

A.2.0 STRATEGIC DIRECTIONS A.2-1

2.1 Vision 2020 A.2-1

2.2 City of Hamilton Strategic Plan A.2-2

2.3 Growth Management-Provincial A.2-3

2.4 Growth Management-Hamilton A.2-5

2.5 Provincial Legislation, Plans and Policies A.2-5

CHAPTER B - COMMUNITIES B-1

B.1.0 INTRODUCTION B.1-1

B.2.0 DEFINING OUR COMMUNITIES B.2-1

2.1 Urban Boundary B.2-1

2.2 Urban Boundary Expansion B.2-1

2.3 Future Airport Employment Growth District B.2-2

2.4 Residential Intensification B.2-3

B.3.0 QUALITY OF LIFE AND COMPLETE COMMUNITIES B.3-1

3.1 Strong Economy B.3-1

3.2 Housing Policies B.3-5

3.3 Urban Design Policies B.3-11

3.4 Cultural Heritage Resources Policies B.3-23

3.5 Community Facilities/Services Policies B.3-33

3.6 Health and Public Safety B.3-43

3.7 Energy and Environmental Design B.3-53

CHAPTER C - CITY WIDE SYSTEMS AND DESIGNATIONS C-1

C.1.0 PROVINCIAL PLANS WITH DESIGNATIONS C.1-1

1.1 Niagara Escarpment Plan C.1-1

1.2 Greenbelt Plan In Rural Hamilton OP

1.3 Parkway Belt West Plan In Rural Hamilton OP

C.2.0 NATURAL HERITAGE SYSTEM C.2-1

2.1 Policy Goals C.2-1

2.2 General Policies C.2-2

2.3 Natural Heritage System – Core Areas C.2-3

2.4 Core Areas – Within the Greenbelt Plan Area In Rural Hamilton OP

Chapter B - Communities

B.3

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February 2014

3.3.1.7 Promote development and spaces that respect natural processes and features

and contribute to environmental sustainability.

3.3.1.8 Promote intensification that makes appropriate and innovative use of buildings

and sites and is compatible in form and function to the character of existing

communities and neighbourhoods.

3.3.1.9 Encourage innovative community design and technologies.

3.3.1.10 Create urban places and spaces that improve air quality and are resistant to

the impacts of climate change.

3.3.2 General Policies and Principles

This subsection contains policies describing general design principles and

directions that contribute to the achievement of the goals stated in Section

B.3.3.1. The successful integration of new development and redevelopment of

in the urban area and its integration with surrounding neighbourhoods requires

the form of development to follow appropriate urban design principles. Every

design direction will not apply in all situations.

3.3.2.1 The physical design of a site shall:

a) relate to its role in the overall urban structure of the City;

b) enhance the function of the applicable urban structure element described

in Section E.2.0 – Urban Structure; and,

c) be in accordance with the applicable policies of Chapter E – Urban

Systems and Designations, secondary plans, specific design studies and

other plans or studies that make specific design recommendations.

3.3.2.2 The principles in Policies B.3.3.2.3 through B.3.3.2.10 inclusive, shall apply to all

development and redevelopment, where applicable.

Principles

3.3.2.3 Urban design should foster a sense of community pride and identity by:

a) respecting existing character, development patterns, built form, and

landscape;

b) promoting quality design consistent with the locale and surrounding

environment;

c) recognizing and protecting the cultural history of the City and its

communities;

d) conserving and respecting the existing built heritage features of the City

and its communities;

e) conserving, maintaining, and enhancing the natural heritage and

topographic features of the City and its communities;

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f) demonstrating sensitivity toward community identity through an

understanding of the character of a place, context and setting in both the

public and private realm;

g) contributing to the character and ambiance of the community through

appropriate design of streetscapes and amenity areas;

h) respecting prominent sites, views, and vistas in the City; and,

i) incorporating public art installations as an integral part of urban design.

3.3.2.4 Quality spaces physically and visually connect the public and private realms.

Public and private development and redevelopment should create quality

spaces by:

a) organizing space in a logical manner through the design, placement, and

construction of new buildings, streets, structures, and landscaping;

b) recognizing that every new building or structure is part of a greater whole

that contributes to the overall appearance and visual cohesiveness of the

urban fabric;

c) using materials that are consistent and compatible with the surrounding

context in the design of new buildings;

d) creating streets as public spaces that are accessible to all;

e) creating a continuous animated street edge in urban environments;

f) including transitional areas between the public and private spaces where

possible through use of features such as landscaping, planters, porches,

canopies, and/or stairs;

g) creating public spaces that are human-scale, comfortable, and publicly

visible with ample building openings and glazing;

h) creating, reinforcing, and emphasizing important public vistas and view

corridors; and,

i) minimizing excessive street noise and stationary noise source levels through

the design, placement, and construction of buildings and landscaping.

3.3.2.5 Places that are safe, accessible, connected and easy to navigate shall be

created by using the following design applications, where appropriate:

a) connecting buildings and spaces through an efficient, intuitive, and safe

network of streets, roads, alleys, lanes, sidewalks, and pathways;

b) providing connections and access to all buildings and places for all users,

regardless of age and physical ability;

c) ensuring building entrances are visible from the street and promoting shelter

at entrance ways;

Chapter B - Communities

B.3

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February 2014

a) adequate and accessible space for pedestrians, bicycles as well as transit,

other vehicles, and utilities;

b) continuous sidewalks;

c) landscaping such as street trees and landscaped boulevards;

d) pedestrian amenities such as lighting, seating, way-finding signage, and

urban braille;

e) on-street parking;

f) public art; and,

g) amenities and spaces that encourage pedestrian activity and animate the

streetscape such as public gathering places, patios and sidewalk cafés.

3.3.3 Built Form

Built form shapes the visual qualities of streets and open spaces but also affects

how the public spaces around buildings are used, experienced, and perceived.

Our city is built one building at a time and each building contributes to the

overall design of the City, therefore attention to each building is an important

step in the city building process. Built form plays a large role in defining the

character of an area. New development shall serve to maintain and support

existing character, or create and promote the evolution of the character in

areas where transformations are appropriate and planned.

3.3.3.1 New development shall be located and organized to fit within the existing or

planned context of an area as described in Chapter E – Urban Systems and

Designations.

3.3.3.2 New development shall be designed to minimize impact on neighbouring

buildings and public spaces by:

a) creating transitions in scale to neighbouring buildings;

b) ensuring adequate privacy and sunlight to neighbouring properties; and,

c) minimizing the impacts of shadows and wind conditions.

3.3.3.3 New development shall be massed to respect existing and planned street

proportions.

3.3.3.4 New development shall define the street through consistent setbacks and

building elevations. Design directions for setbacks and heights are found in

Chapter E – Urban Systems and Designations and in the Zoning By-law.

3.3.3.5 Built form shall create comfortable pedestrian environments by:

a) locating principal façades and primary building entrances parallel to and

as close to the street as possible;

b) including ample glazing on ground floors to create visibility to and from the

public sidewalk;

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Urban Hamilton Official Plan February 2014

B.3

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c) including a quality landscape edge along frontages where buildings are set

back from the street;

d) locating surface parking to the sides or rear of sites or buildings, where

appropriate; and,

e) using design techniques, such as building step-backs, to maximize sunlight

to pedestrian areas.

3.3.4 Gateways

Gateways are visually prominent sites located at the entry points into the City,

local communities, or specific areas or districts, such as the Downtown, and

serve to enhance community image.

3.3.4.1 Gateway locations shall be established at strategic locations within the

municipality through secondary plans or other City programs and initiatives.

3.3.4.2 Gateway intersections and entry points shall be designed to convey a sense of

arrival and portray the community image and identity through:

a) design of the built form;

b) building orientation;

c) street configuration;

d) infrastructure items and projects;

e) landscaping;

f) recognition of significant views and vistas;

g) signage; and/or,

h) public art installations.

3.3.4.3 Gateways to the City are special places requiring a greater level of scrutiny in

terms of land use and design in order to achieve higher quality landmark

buildings or built form. The City may undertake gateway studies to identify

locations of gateway areas for the City, identify most appropriate land uses,

and establish design guidelines for future development within identified

gateway areas.

3.3.4.4 The City shall work with adjacent property owners, adjacent municipalities, and

applicable governmental agencies with jurisdiction over road rights-of-way on

the design and installation of appropriate gateway features.

3.3.5 Views and Vistas

Public views and vistas are significant visual compositions of important public

and historic buildings, natural heritage and open space features, landmarks,

and skylines which enhance the overall physical character of an area when

viewed from the public realm. Vistas are generally panoramic in nature while

views usually refer to a strong individual feature often framed by its surroundings.

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Urban Hamilton Official Plan February 2014

B.3

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3.4 Cultural Heritage Resources Policies

Wise management and conservation of cultural heritage resources benefits the

community. Cultural heritage resources may include tangible features,

structures, sites, or landscapes that, either individually or as part of a whole, are

of historical, architectural, archaeological, or scenic value. Cultural heritage

resources represent intangible heritage, such as customs, ways-of-life, values,

and activities. The resources may represent local, regional, provincial, or

national heritage interests and values.

This section establishes a number of goals and policies for the conservation of

the City’s cultural heritage resources organized around three key components:

archaeology, built heritage, and cultural heritage landscapes. These policies

shall be read in conjunction with all other policies of this Plan.

3.4.1 Policy Goals

The following goals apply to the care, protection, and management of cultural

heritage resources in Hamilton:

3.4.1.1 Identify and conserve the City’s cultural heritage resources through the

adoption and implementation of policies and programs, including partnerships

among various public and private agencies and organizations.

3.4.1.2 Encourage a city-wide culture of conservation by promoting cultural heritage

initiatives as part of a comprehensive environmental, economic, and social

strategy, where cultural heritage resources contribute to achieving sustainable,

healthy, and prosperous communities.

3.4.1.3 Ensure that all new development, site alterations, building alterations, and

additions are contextually appropriate and maintain the integrity of all on-site or

adjacent cultural heritage resources.

3.4.1.4 Encourage the rehabilitation, renovation, and restoration of built heritage

resources in order that they remain in active use.

3.4.1.5 Promote public and private awareness, appreciation, and enjoyment of

Hamilton’s cultural heritage through public programmes or heritage

interpretation activities, heritage tourism, and guidance on appropriate

conservation practices.

3.4.2 General Cultural Heritage Policies

3.4.2.1 The City of Hamilton shall, in partnership with others where appropriate:

a) Protect and conserve the tangible cultural heritage resources of the City,

including archaeological resources, built heritage resources, and cultural

heritage landscapes for present and future generations.

b) Identify cultural heritage resources through a continuing process of

inventory, survey, and evaluation, as a basis for the wise management of

these resources.

c) Promote awareness and appreciation of the City’s cultural heritage and

encourage public and private stewardship of and custodial responsibility for

the City’s cultural heritage resources.

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February 2014

d) Avoid harmful disruption or disturbance of known archaeological sites or

areas of archaeological potential.

e) Encourage the ongoing care of individual cultural heritage resources and

the properties on which they are situated together with associated features

and structures by property owners, and provide guidance on sound

conservation practices.

f) Support the continuing use, reuse, care, and conservation of cultural

heritage resources and properties by encouraging property owners to seek

out and apply for funding sources available for conservation and

restoration work.

g) Ensure the conservation and protection of cultural heritage resources in

planning and development matters subject to the Planning Act either

through appropriate planning and design measures or as conditions of

development approvals.

h) Conserve the character of areas of cultural heritage significance, including

designated heritage conservation districts and cultural heritage

landscapes, by encouraging those land uses, development and site

alteration activities that protect, maintain and enhance these areas within

the City.

i) Use all relevant provincial legislation, particularly the provisions of the

Ontario Heritage Act, the Planning Act, the Environmental Assessment Act,

the Municipal Act, the Niagara Escarpment Planning and Development

Act, the Cemeteries Act, the Greenbelt Act, the Places to Grow Act, and all

related plans and strategies in order to appropriately manage, conserve

and protect Hamilton’s cultural heritage resources.

3.4.2.2 The City consists of many diverse districts, communities, and neighbourhoods,

each with their own heritage character and form. The City shall recognize and

consider these differences when evaluating development proposals to maintain

the heritage character of individual areas.

Heritage Designation

3.4.2.3 The City may by by-law designate individual and groups of properties of cultural

heritage value under Parts IV and V respectively of the Ontario Heritage Act,

including buildings, properties, cultural heritage landscapes, heritage

conservation districts, and heritage roads or road allowances.

Listing of Properties in the Heritage Register

3.4.2.4 The City shall maintain, pursuant to the Ontario Heritage Act, a Register of

Property of Cultural Heritage Value or Interest. In considering additions and

removals of non-designated cultural heritage property to or from this Register,

the City shall seek and consider advice from its Municipal Heritage Committee.

3.4.2.5 In addition to the provisions of the Ontario Heritage Act respecting demolition of

buildings or structures located on cultural heritage properties contained in the

Register, the City shall ensure that such properties shall be protected from harm

in the carrying out of any undertaking subject to the Environmental Assessment

Act or the Planning Act.

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3.4.5.2 The City shall encourage the retention and conservation of significant built

heritage resources in their original locations. In considering planning

applications under the Planning Act and heritage permit applications under the

Ontario Heritage Act, there shall be a presumption in favour of retaining the

built heritage resource in its original location.

3.4.5.3 Relocation of built heritage resources shall only be considered where it is

demonstrated by a cultural heritage impact assessment that the following

options, in order of priority, have been assessed:

a) retention of the building in its original location and its original use; or,

b) retention of the building in its original location, but adaptively reused.

3.4.5.4 Where it has been demonstrated that retention of the built heritage resource in

its original location is neither appropriate nor viable the following options, in

order of priority, shall be considered:

a) relocation of the building within the area of development; or,

b) relocation of the building to a sympathetic site.

3.4.5.5 Where a significant built heritage resource is to be unavoidably lost or

demolished, the City shall ensure the proponent undertakes one or more of the

following mitigation measures, in addition to a thorough inventory and

documentation of the features that will be lost:

a) preserving and displaying of fragments of the former buildings’ features and

landscaping;

b) marking the traces of former locations, shapes, and circulation lines;

c) displaying graphic and textual descriptions of the site’s history and former

use, buildings, and structures; and,

d) generally reflect the former architecture and use in the design of the new

development, where appropriate and in accordance with Section B.3.3 –

Urban Design Policies.

3.4.6 Cultural Heritage Landscapes

3.4.6.1 A cultural heritage landscape is a defined geographical area characterized by

human settlement activities that have resulted in changes and modifications to

the environment, which is now considered to be of heritage value or interest.

Cultural heritage landscapes may include distinctive rural roads, urban

streetscapes and commercial mainstreets, rural landscapes including villages

and hamlets, designed landscapes such as parks, cemeteries and gardens,

nineteenth and twentieth century urban residential neighbourhoods, as well as

commercial areas and industrial complexes.

3.4.6.2 An inventory of cultural heritage landscapes shall be prepared by the City and

may be included in the Register of Properties of Cultural Heritage Value or

Interest. Cultural heritage landscapes may also be considered for designation

under the Ontario Heritage Act and shall be protected in the carrying out of

any undertaking subject to the Environmental Assessment Act or the Planning

Act.