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Location. Location. Location. It's all about location.
It's important when first opening a business that you choose a location that fits the needs and wants of your industry, customers, budget, and is permitted within the applicable Zoning By-Law.
How do I find a location?
The City of Hamilton offers tools and resources to assist in finding available locations for rent, lease, or purchase, as well as identifying what uses are permitted.
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This is a paragraph. Writing in paragraphs lets visitors find what they are looking for quickly and easily.
Site Selector
The City of Hamilton's Economic Development Dept. Site Selector tool is available online to search current properties and land that are for sale or lease within Hamilton.
RAHB
Work with a Commercial Real Estate agent to identify locations that fit your business’ needs and budget. Contact the Regional Commercial Network of the REALTORS® Association of Hamilton-Burlington (RAHB).
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This is a paragraph. Writing in paragraphs lets visitors find what they are looking for quickly and easily.
Interactive Zoning Mapping
Available to find zoning information for a specific property. The zone code can then be used to find the list of permitted uses, regulations, and any special exceptions.
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This is a paragraph. Writing in paragraphs lets visitors find what they are looking for quickly and easily.
What is property Zoning and how does it relate to my chosen location?
Zoning determines the permitted uses of the property.
You need to understand how a location is zoned and what the zoning regulations allow on that property
before you sign a lease or buy a property. It is important to check the zoning
prior to signing to ensure that the intended use is permitted on the property.
By visiting the Planning Division on the 5th floor, City Hall, you can verify a potential location with a quick, verbal check done using our mapping to confirm that the zoning of the property permits the use for a restaurant.
Before inquiring, ensure you have the complete address including street name and number, unit/suite, city, and postal code.
It is also encouraged that you follow-up with a
Zoning Verification, which is a legal document from the City and indicates if the proposed use is permitted (or not) on that particular property and will also indicate the legally recognized use of the property. Home-based food businesses also require a Zoning Verification.
Just because the zoning of the property permits a certain use, doesn’t mean that it is permitted on that particular property, as there are other zoning requirements that often need to be met. A zoning verification will confirm if all other zoning requirements (e.g. parking, loading, etc.) can be met on the property and will indicate if any additional approvals will be required.
If the use of a restaurant is permitted but not recognized,
as per your Zoning Verification, a Change of Use Building Permit may be required, even if no construction is proposed.
What if I choose to build instead of finding an existing location? What if I also want a commercial patio?
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1. If a new build is proposed
Typically, most new restaurants find a location within an existing tenant space or building, but an applicant should be made aware that if a new build is proposed, a site plan application through the Development Planning Division will be required, as well as tenant fit up permits will be required by the Building Division. In addition, major renovations may also require site plan approval, depending on the nature of the renovations.
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2. New outdoor commercial patio
Likewise, if an applicant wants to establish a new outdoor commercial patio in conjunction with their restaurant, a site plan application through the Development Planning Division will be required prior to the outdoor patio being permitted to operate.
Note that an “outdoor commercial patio” is any outdoor area used in conjunction with any establishment licensed under the Liquor Licence Act, where meals or refreshments are served to the public for consumption on the premises.
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*Additional points of interest
Remember: The City of Hamilton is here to help you go through this process as efficiently as possible. To get started with General Zoning Inquiries, please contact 905-546-2424 ext. 2719 or zoningInquiry@hamilton.ca
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Permit costs & timelines
| Item | Cost | Timeline |
|---|---|---|
| Zoning Verification/ Addendum (1) | $269.00 for commercial uses (2) | 10 business days OR 5 business days Express service is available through the Planning Division for $407.00 (commercial use) |
| Change of Use Building Permit | $277 Change of Use Building Permit - no construction (2) See the Building Permit By-law for more information (3) | 20-30 business days depending on the size of the building |
- An online Zoning Verification application can be accessed at https://zoningverification.hamilton.ca
- Fees subject to change without notice.
- For more information related to Building Permit classes and fees, please visit the City of Hamilton online Building Permit Fees online resource or contact building@hamilton.ca.
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What if my chosen location requires rezoning?
If a property owner wishes to make changes to a property that deviates from the permitted uses or the regulations of the Zoning By-law, the owner must apply for a Zoning By-law Amendment.
A Zoning By-law can be amended to change either the zoning of the land or add special provisions to the zoning designation for a special property. This amending by-law can be as little as changing the zoning designation from one to another, adding a use or changing a zoning by-law requirement.
If you would like to learn more about the zoning process or if rezoning is required, please visit the Planning Division which is located on the 5th floor of Hamilton City Hall, 71 Main Street West or visit the City of Hamilton's Zoning By-Law Amendment online resource.
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How do I learn more about a patio for my restaurant?
On February 23, 2022, Council approved to permanently adopt the Temporary Outdoor Patio Program, which combined the On-Street Patio Program and the Outdoor Dining Districts Program, and to establish applicable annual user fees.
This program allows eligible local businesses to establish temporary seasonal patios and seating areas on municipal or private property (if current zoning is compliant).
Temporary Outdoor Patios will be permitted in:
- Business Improvement Areas (BIAs)
- Community Improvement Plan Areas (CIPAs)
- Private Property (zoning compliant)
To learn more and complete a patio application, please visit the City of Hamilton's Temporary Outdoor Patio Program online resource or contact the Temporary Outdoor Patio Program team by emailing outdinedist@hamilton.ca.
Frequently Asked Questions
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Contact:
The Hamilton Business Centre
Hamilton City Hall
71 Main St, W (1st floor)
Hamilton, ON L8P 4Y5
905-540-6400
mail@hamiltonsmallbusiness.ca
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Hamilton Business Centre