Zoning Compliance Review | City of Hamilton

A Zoning Compliance Review confirms the zoning of a property, permitted uses, and other applicable regulations for a property. Applications for Zoning Compliance Review may be submitted by the applicant, registered owner, or agent.

Request a Zoning Compliance Review

Request a Zoning Compliance Review for each of these scenarios:

A detailed review of a development proposal to determine zoning compliance with the applicable Zoning By-law.

Formally clear conditions imposed by the Zoning Review section for an approved consent/land severance application.

A review of supporting documents and evidence to determine and confirm if the existing use of a property can be deemed legally established non-conforming.

Establishing entitlement to a legal non-conforming use protection is afforded under Section 34(9)(a) of the Planning Act. The establishment of legal non-conforming use requires that the use existed, was lawfully used and continues to be used for that purpose. The legal non-conforming use protection remains an exemption to the application of the law and must be established by the party asserting it, that being you the landowner.

The first requirement is that a real, bona fide use is made of the land by the owner seeking the non-conforming use exemption. The use must be evident at the outset when the use is established. There is no specific rule regarding the type of evidence required. However, a landowner contending an entitlement to the statutory legal non-conforming use protection is expected to provide independent cogent evidence of the existence of the non-conforming use.

The second requirement in establishing a valid non-conformity for purposes of the statutory exemption requires evidence that the land, building or structure was lawfully used for such prohibited purpose on the day of the passing of the by-law. More specifically, at the time the non-conforming use was originally established, the non-conforming use complied with all of the zoning by-law provisions or applicable legislation in effect on that date. The issuance of a building permit typically satisfies this requirement.

Accordingly, in addition to other supporting documents you deem appropriate, to support your assertion and enjoy the statutory rights to a legal non-conforming use the following documents and evidence are acceptable:

Primary Documents

Building permit
Local tax records - (residential (and # of units) vs non-residential tax rates)
Assessment records - (MPAC property code class)
Site specific Council decision
Site specific legal ruling
Municipal Licences (where required)
Corporate Search/Documents - (date of business formation, address reference)
Business tax records (for continuance)
Business transaction receipts/records - (for continuance)
Other Applicable legislative approvals (NEC, MTO, MOE, MNR, etc.) - (where applicable)

Secondary Documents

Vernon Directory listings
Third-party affidavits
Dated photographs
Advertisements/Newspaper articles
Leases/Rental agreements
MLS listings
Construction receipts where a building permit was not required

Required as part of the City of Hamilton’s response to the Province’s Bill 13 & Bill 109. Download the Terms of Reference

Note: A Draft Zoning By-law Amendment shall also be submitted with the Zoning Compliance Review application.

Templates for Draft Zoning By-law Amendments:

A detailed review which will determine all necessary minor variances that are required for a development proposal prior to formal application for minor variance.

A detailed review of a development proposal to determine zoning compliance with the applicable Zoning By-law prior to formal application for building permit. This may be required prior to building permit application for certain properties within the City of Hamilton, as part of the City of Hamilton’s response to the Province’s Bill 23.

How to Apply for a Zoning Compliance Review Application

Full Information Package and Checklist

Review Zoning Compliance Review – Full Information Package and Checklist(PDF, 481.64 KB)

Please ensure that all required documentation/plans are submitted with your application, or delays may result in having your application processed.

All applications are required to be submitted in electronic format via the City of Hamilton’s Customer Portal. If you require alternate arrangements, contact the Planning Division at 905-546-2424 ext. 1355 or [email protected] for assistance.

Application fees must be made upon submission or the application is deemed incomplete. Fees are non-refundable. Fees can be paid online by credit card or by cheque or certified cheque (payable to “City of Hamilton”) and must be accompanied by a cover letter or Fee Intake Memo.(PDF, 129.58 KB)(PDF, 89.05 KB)

Refer to the Planning Division Fees page for a complete list of application fees.

Step 1: Visit my.hamilton.ca

Start by visiting my.hamilton.ca
This is the City’s centralized access point that allows you to easily view, access, and submit a wide range of City services using one account.
Navigate to the desired City service

Step 2: Create a City of Hamilton Account 

Select Login/Register to create your Customer Portal account. 
Once you are set up, navigate to Getting Started and select the Planning & Development Applications category

Need Help?

For assistance with my.hamilton.ca and login troubleshooting visit My.hamilton Portal FAQs
For assistance with applying, visit Planning, Permitting, Licensing & By-Law System

Do you already have a Customer Portal account?

Sign in and select the  appropriate category. For quick access, consider bookmarking the Customer Portal in your browser.

Once in the Customer Portal, open the menu and select Getting Started.

Need Help?

For assistance with my.hamilton.ca and login troubleshooting visit My.hamilton Portal FAQs
For assistance with applying, visit Planning, Permitting, Licensing & By-Law System

Upon completion of the Zoning Compliance Review application, you will receive via the customer portal:

A Zoning Compliance Letter outlining what parts of the Zoning By-law have been met (comply) and those that do not meet the Zoning By-law (non-complying).
Stamped and signed drawings to be submitted in support of a future application.

For the purposes of a Building Permit Application, all the requirements of the Zoning By-law must comply. If some part of the development does not comply, drawings may need to be updated or minor variances may be required (see below for further information). This may require another Zoning Compliance Review application and that additional fees to be paid.

Drawings can not be further altered if the Zoning Compliance Review is required prior to another application.

Date modified

November 05, 2026