The City of Hamilton’s new city-wide residential mid-rise zoning bylaw is now in force and effect, with the exception of a single property at 752 and 756 West 5th Street, whose owner is appealing the new rules at the Ontario Land Tribunal.
On August 11, 2026, the OLT issued an order permitting the application of the new rules with a site-specific exemption for the property.
The new zoning permits “missing middle” density as-of-right along most of Hamilton’s main roads, with higher densities at major intersections and lower mid-densities for properties in the centre of residential stretches.
The OLT decision does not describe the nature of the 752 and 756 West 5th Street appeal — and there’s no way to find out from the tribunal itself, since the OLT website does not publish details of appeals.
In December 2024, Ontario’s Auditor General found the OLT should provide easier access to evidence and recordings of hearings, recommending that OLT “review and adopt best practices from other tribunals to enhance the transparency of the OLT hearings process, such as making evidence OLT examines easily accessible through its website, publishing notices of upcoming hearings and recording hearings.” [Recommendation 10]
The OLT has not adopted the recommendations. In 2025, shortly after the AG report was issued, the OLT discontinued providing electronic copies of hearing materials to the public prior to, and during hearings.
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Published: August 19, 2026
Last updated: August 19, 2026
Author: Joey Coleman
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