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Chapter 40 Commercial Residential
40.5 Regulations Applying to the Commercial Residential Zone Category
(1) | Application of General Regulations Section |
| The regulations in Section 40.5 apply to all lands, uses, buildings and structures in the Commercial Residential Zone category.
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(2) | Interpretation of the Commercial Residential Zone Symbol |
| The zone symbol on the Zoning By-law Map for zones in the Commercial Residential Zone category consists of the letters CR, indicating the primary land use permitted in the respective zone.
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(3) | Interpretation of the Zone Label |
| In the Commercial Residential Zone category, the letters following the zone symbol in the zone label have the following meaning:
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(A) | a numerical value representing the permitted maximum floor space index of all land uses on a lot and may be followed by one or both of the following in brackets:
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(i) | the letter "c" and a numerical value indicating the permitted maximum floor space index for non-residential uses on a lot; and
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(ii) | the letter "r" and a numerical value indicating the permitted maximum floor space index for residential uses on a lot; and
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(B) | the Development Standard Set symbol (SS) and number indicates the set of development standards in regulation 40.5.1.10(4), that applies to a lot.
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(4) | Interpretation of the Development Standard Set Symbol |
| The Development Standard Set symbol (SS) in the zone label on the Zoning By-law Map identifies the Development Standard Set with a numerical value that corresponds to a specific set of development standards that may control one or all of the following requirements:
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(A) | Required Minimum Building Setback from a Front Lot Line;
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(B) | Permitted Maximum Building Setback from a Front Lot Line;
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(C) | Required Minimum Building Setback from a Rear Lot Line;
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(D) | Required Minimum Building Setback from a Side Lot Line;
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(E) | Required Building Angular Plane from a Front Lot Line or Side Lot Line abutting a street;
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(F) | Required Building Angular Plane from a Rear Lot Line;
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(G) | Required Minimum Landscaping Area on a Lot; and
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(H) | Permitted Maximum Building Height.
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(1) | Living Accommodation in Ancillary Buildings |
| In the Commercial Residential Zone category, an ancillary building may not be used for living accommodation.
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(2) | Use Restrictions on Commercial Residential Lots without Street Frontage |
| If a lot in the Commercial Residential Zone category does not front on a street and has its only vehicle access from a lane or private right-of-way that abuts a lot in the Residential Zone category or Residential Apartment Zone category, the lot may only be used for required parking spaces.
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(1) | Building Requirements |
| Additional building requirements are in each zone in the Commercial Residential Zone category.
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(1) | Determining the Height of Buildings in Commercial Residential Zones |
| In the Commercial Residential Zone category, the height of a building is the distance between the average elevation of the ground along the front lot line, or in the case of a corner lot the average elevation of the ground along all lot lines that abut a street, and the elevation of the highest point of the building.
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(2) | Determining the Height of Structures in Commercial Residential Zones |
| In the Commercial Residential Zone category, the height of a structure that is not a building, is the distance between average grade and the elevation of the highest point of the structure.
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(3) | Height of Specific Structures on a Building |
| In the Commercial Residential Zone category, the following structures on the roof of a building may exceed the permitted maximum height for that building by 5.0 metres:
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(A) | antennae;
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(B) | flagpoles; and
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(C) | satellite dishes.
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(4) | Height of Elements for Functional Operation of a Building |
| In the Commercial Residential Zone category, equipment and structures located on the roof of a building may exceed the permitted maximum height for that building by 5.0 metres, subject to regulation 40.5.40.10(5):
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(A) | equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment;
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(B) | structures or parts of the building used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, vents, and water supply facilities; and
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(C) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (A) and (B) above.
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(5) | Limits on Elements for Functional Operation of a Building |
| In the Commercial Residential Zone category, equipment, structures or parts of a building exceeding the permitted maximum height for a building, as permitted by regulation 40.5.40.10(4), must comply with the following:
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(A) | the total area of all equipment, structures, or parts of a building may cover is no more than 30% of the area of the roof, measured horizontally; and [ By-law: 451-2022 ]
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(B) | if any equipment, structures, or parts of a building are located within 6.0 metres of a lot line abutting a street, their total horizontal dimension, measured parallel to the street, may not exceed 20% of the width of the building's main walls facing that street.
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(6) | Height of Rooftop Amenity Space Safety and Wind Protection Elements |
| In the Commercial Residential Zone category, unenclosed structures providing safety or wind protection to rooftop amenity space may exceed the permitted maximum height for that building by 3.0 metres, if the structures are no closer than 2.0 metres from the interior face of any main wall.
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(7) | Height of Buildings and Structures - Green Roof |
| In the Commercial Residential Zone category, a parapet wall for a green roof may exceed the permitted maximum height for a building by 2.0 metres.
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(8) | Limits on Elements for Functional Operation of a Building for Towers |
| In the Commercial Residential Zone category:
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(A) | Despite regulations 40.5.40.10 (4) and (5), equipment, structures or parts of a building listed in regulation 40.5.40.10 (4) located on the roof of the tower portion of a building may exceed the permitted maximum height for that building by 6.5 metres, if the total area of all equipment, structures, or parts on the roof of the tower portion of the building cover no more than 450 square metres, measured horizontally;
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(B) | chimneys, pipes, and vents, may further exceed the permitted maximum height in (A) by 3.0 metres; and
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(C) | For the purpose of regulation 40.5.40.10(8), a "tower" is the portions of a building which collectively enclose the entirety of a storey higher than 24.0 metres above the average grade, and where the maximum average gross floor area of any storey located above 24.0 metres does not exceed 750 square metres. [ By-law: LPAT PL130592 March 6, 2020 ]
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(1) | Gross Floor Area Calculations for a Non-residential Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category the gross floor area of a non-residential building is reduced by the area in the building used for:
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(A) | parking, loading and bicycle parking below-ground;
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(B) | required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
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(C) | storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
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(D) | shower and change facilities and bicycle maintenance facilities required by this By-law for required bicycle parking spaces; [ By-law: 839-2022 ]
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(E) | elevator shafts;
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(F) | mechanical penthouse; and
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(G) | exit stairwells in the building.
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(2) | Floor Space Index Calculation for a Non-residential Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category the floor space index for a non-residential building is the result of the gross floor area minus the areas listed in regulation 40.5.40.40(1) divided by the area of the lot.
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(3) | Gross Floor Area Calculations for a Mixed Use Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category the gross floor area of a mixed use building is reduced by the area in the building used for:
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(A) | parking, loading and bicycle parking below-ground;
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(B) | required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
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(C) | storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
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(D) | shower and change facilities and bicycle maintenance facilities required by this By-law for required bicycle parking spaces; [ By-law: 839-2022 ]
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(E) | amenity space required by this By-law;
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(F) | elevator shafts;
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(G) | garbage shafts;
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(H) | mechanical penthouse; and
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(I) | exit stairwells in the building.
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(4) | Floor Space Index Calculation for a Mixed Use Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category the floor space index for a mixed use building is the result of the gross floor area minus the areas listed in regulation 40.5.40.40(3) divided by the area of the lot.
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(5) | Gross Floor Area Calculations for an Apartment Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category the gross floor area of an apartment building is reduced by the area in the building used for:
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(A) | parking, loading and bicycle parking below-ground;
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(B) | required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
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(C) | storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
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(D) | shower and change facilities and bicycle maintenance facilities required by this By-law for required bicycle parking spaces; [ By-law: 839-2022 ]
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(E) | amenity space required by this By-law;
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(F) | elevator shafts;
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(G) | garbage shafts;
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(H) | mechanical penthouse; and
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(I) | exit stairwells in the building.
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(6) | Floor Space Index Calculation for an Apartment Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category the floor space index for an apartment building is the result of the gross floor area minus the areas listed in regulation 40.5.40.40(5) divided by the area of the lot.
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(7) | Gross Floor Area Calculations Regarding Attic Space in a Townhouse in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category, the gross floor area of a townhouse includes floor area in an attic above the main walls of the building, if it:
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(A) | is accessed by means of a permanent stair case or mechanical elevating device; or
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(B) | has a vertical clearance of more than 1.4 metres between the ceiling joists below and the roof rafters, and at least 80% of the area has a vertical clearance of more than 2.0 metres and an area of at least 10.0 square metres.
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(8) | Exclusion of Certain Floor Area in an Attic Space in a Townhouse in the Commercial Residential Zone Category |
| If the floor area meets the conditions in regulation 40.5.40.40(7), and the area or a portion of the area is used for housing or maintaining mechanical equipment for the townhouse and does not exceed 20.0 square metres, the floor area or portion thereof is not included in the gross floor area of the townhouse.
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(9) | Gross Floor Area Calculations for a Townhouse in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category, the gross floor area of a townhouse may be reduced by:
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(A) | the floor area of the basement, unless the established grade is higher than the average elevation of the ground along the rear main wall of the residential building by 2.5 metres or more, in which case the gross floor area of the building may be reduced by 50% of the floor area of the basement;
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(B) | the area of a void in a floor if there is a vertical clearance of more than 4.5 metres between the top of the floor below the void and the ceiling directly above it, to a maximum of 10% of the permitted maximum gross floor area for the building; and
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(C) | the area for a maximum of one parking space per dwelling unit in the building. [ By-law: 89-2022 ]
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(10) | Floor Space Index Calculation for a Townhouse Building in the Commercial Residential Zone Category |
| In the Commercial Residential Zone category, the floor space index for a townhouse building is the result of the gross floor area, plus the area of an attic described in regulation 40.5.40.40(7) and subject to regulation 40.5.40.40(8) minus the areas listed in regulation 40.5.40.40(9), divided by the area of the lot.
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(1) | Canopies and Awnings |
| In the Commercial Residential Zone category, a canopy, awning or similar structure, with or without structural support, may encroach into a required minimum building setback that abuts a street, if no part of the canopy, awning or similar structure is located more than 5.0 metres above the elevation of the ground directly below it.
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(1) | Building or Structure to be Set Back from a Lane |
| A building or structure in the Commercial Residential Zone category may be:
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(A) | no closer than 3.0 metres from the original centreline of a lane if the lot abutting the other side of the lane is not in the Residential Zone category or Open Space Zone category; and
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(B) | no closer than 3.5 metres from the original centreline of a lane if the lot abutting the other side of the lane is in the Residential Zone category or Open Space Zone category.
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(1) | Permitted Setbacks for Lawfully Existing Building from a Lane |
| In the Commercial Residential Zone category, if the lawful distance of a lawfully existing building or structure from the original centreline of a lane is less than the minimum distance from the original centreline of the lane required by this By-law, that lawful distance is the minimum distance from the original centreline of the lane for that lawfully existing building or structure.
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(2) | Additions Above Lawfully Existing Buildings in Relation to a Lane |
| The required minimum distance from the original centreline of a lane for any addition or extension above a lawfully existing building or structure referred to in regulation 40.5.40.71(1) is the minimum distance from the original centreline of the lane permitted by regulation 40.5.40.71(1).
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(1) | Renewable Energy and Cogeneration Energy Device - Location Restriction |
| In the Commercial Residential Zone category, a device producing renewable energy or cogeneration energy on a lot may not be located in a front yard or a side yard that abuts a street.
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(2) | Renewable Energy Device - Height Requirements |
| In the Commercial Residential Zone category, a photovoltaic solar energy device or a thermal solar energy device that is:
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(A) | on a building:
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(i) | must comply with the required minimum building setbacks for a building on the lot; and
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(ii) | no part of the device may be higher than 2.0 metres above the permitted maximum height for the building; and
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(B) | ground mounted, must comply with the requirements for a building or structure on the lot.
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(3) | Wind Energy Device - Setbacks |
| In the Commercial Residential Zone category, a wind energy device must comply with the required minimum building setbacks for a building on the lot.
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(4) | Wind Energy Device - Height |
| In the Commercial Residential Zone category, no part of a wind energy device may exceed the permitted maximum height for a building as follows:
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(A) | on a lot that abuts a lot in the Residential Zone category or Residential Apartment Zone category, by 3.0 metres;
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(B) | the permitted maximum height of a building is less than 25.0 metres, by 3.0 metres; and
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(C) | in all other cases, by 5.0 metres.
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(5) | Geo-energy Requirements |
| In the Commercial Residential Zone category, any above-ground part of a geo-energy device must comply with the requirements for a building or structure on the lot.
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(6) | Cogeneration Device |
| In the Commercial Residential Zone category, a cogeneration energy device must be located inside a permitted building.
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(1) | Use of Required Parking Space |
| A parking space required by this By-law for a use in the Commercial Residential Zone category must be available for the use for which it is required.
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(1) | Location of Required Parking Spaces |
| A parking space must be on the same lot as the use for which the parking space is required.
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