Table of Contents
Back to Top of Bylaw
|
Chapter 50 Commercial Residential Employment
50.10 Commercial Residential Employment Zone (CRE)
| (1) | Application of This Section |
| The regulations in Section 50.10 apply to lands, uses, buildings and structures in the CRE zone.
|
| (2) | Medical Office |
| In the CRE zone, a medical office includes a medical clinic.
|
| (1) | Use - CRE Zone |
| |
|
| (A) | In the CRE zone, the following uses are permitted under the letter "c" in the zone label referred to in regulation 50.5.1.10(3)(A)(i):
Ambulance Depot
Art Gallery
Artist Studio
Automated Banking Machine
Community Centre
Courts of Law
Custom Workshop
Education Use
Financial Institution
Fire Hall
Hospital
Library
Massage Therapy
Medical Office
Museum
Office
Park
Passenger Terminal
Performing Arts Studio
Personal Service Shop
Pet Services
Police Station
Post-Secondary School
Production Studio
Religious Education Use
Respite Care Facility
Retail Service
Service Shop
Software Development and Processing
Veterinary Hospital
Wellness Centre [ By-law: 1198-2019 ]
|
| (B) | In the CRE zone, the following uses are permitted under the letter "r" in the zone label referred to in regulation
50.5.1.10(3)(A)(ii):
Dwelling Unit in a permitted building type in Clause 50.10.20.40
Hospice Care Home
Municipal Shelter
Nursing Home
Religious Residence
Residential Care Home
Retirement Home
Student Residence [ By-law: 545-2019 ]
|
| (C) | In the CRE zone, the following uses are permitted under the letter "e" in the zone label referred to in regulation 50.5.1.10(3)(A)(iii):
Beverage Manufacturing Use
Bindery
Carpenter's Shop
Cold Storage
Computer, Communications, Electronics, or Optical Media Manufacturing Use
Dry Cleaning or Laundry Plant
Furniture Manufacturing Use
Industrial Sales and Service Use
Medical Equipment and Supplies Manufacturing Use
Metal Products Manufacturing Use
Printing Establishment
Self-storage Warehouse
Warehouse
Wholesaling Use
|
|
| (1) | Use with Conditions - CRE Zone |
| |
|
| (A) | In the CRE zone, the following uses are permitted under the "c" in the zone label referred to in regulation 50.5.1.10(3)(A)(i) if they comply with the specific conditions associated with the reference number(s) for each use in Clause 50.10.20.100:
Amusement Arcade (1,31)
Animal Shelter (9)
Cabaret (2)
Club (2)
Day Nursery (26)
Eating Establishment (2,32)
Entertainment Place of Assembly (2,39)
Funeral Home (4)
Hotel (5)
Laboratory (10)
Nightclub (2,3)
Outdoor Patio (21)
Outdoor Sales or Display (41)
Place of Assembly (2,28)
Place of Worship (34)
Private School (27)
Public School (27)
Public Utility (7,44)
Public Works Yard (8)
Recreation Use (2,39)
Retail Store (6)
Sports Place of Assembly (39)
Take-out Eating Establishment (2)
Transportation Use (43)
Vehicle Dealership (22)
Vehicle Fuel Station (23)
Vehicle Service Shop (24)
Vehicle Washing Establishment (25) [ By-law: 1198-2019 ]
|
| (B) | In the CRE zone, the following uses are permitted under the letter "r" in the zone label referred to in regulation 50.5.1.10(3)(A)(ii) if they comply with the specific conditions associated with the reference number(s) for each use in Clause 50.10.20.100:
Crisis Care Shelter (36)
Group Home (29)
Private Home Daycare (38)
Rooming House (40)
Secondary Suite (37)
Seniors Community House (35)
Short-term Rental (33)
Tourist Home (20)
[By-law: 1453-2017]
[By-law: 545-2019]
|
| (C) | In the CRE zone, the following uses are permitted under the letter "e" in the zone label referred to in regulation 50.5.1.10(3)(A)(iii) if they comply with the specific conditions associated with the reference number(s) for each use in Clause 50.10.20.100:
Apparel and Textile Manufacturing Use (12)
Clay Product Manufacturing Use (16, 19)
Cogeneration Energy (42)
Contractor's Establishment (11)
Food Manufacturing Use (13)
Glass Product Manufacturing Use (15)
Pharmaceutical and Medicine Manufacturing Use (16, 17)
Plastic Product Manufacturing Use (16,18)
Renewable Energy (42)
Wood Product Manufacturing Use (14)
|
|
| (1) | Permitted Building Types for Dwelling Units |
| In the CRE zone the following building types for dwelling units are permitted:
Detached House;
Semi-Detached House;
Townhouse;
Duplex;
Triplex;
Fourplex;
Apartment Building; and
Mixed Use Building.
|
| (1) | Amusement Arcade |
| In the CRE zone, an amusement arcade may not be located:
|
|
| (A) | in a building that has a hotel with less than 100 guest rooms; or
|
| (B) | on a lot if any part of the lot is less than:
|
|
| (i) | 150 metres from any other lot with an amusement arcade; and
|
| (ii) | 300 metres from any lot with a public school or private school.
|
|
|
| (2) | Cabaret, Club, Eating Establishment, Entertainment Place of Assembly, Nightclub, Place of Assembly, Recreation Use and Take-out Eating Establishment |
| In the CRE zone:
|
|
| (A) | the total interior floor area of all cabarets, clubs, eating establishments, entertainment places of assembly, nightclubs, places of assembly, recreation uses and take-out eating establishments on a lot within 6.1 metres of a lot in the Residential Zone category or Residential Apartment Zone category may not exceed 400 square metres;
|
| (B) | the calculation of total interior floor area is reduced by:
|
|
| (i) | the interior floor area used for items listed in regulations 50.5.40.40(1) (A) to (G) and 50.5.40.40(3) (A) to (I); and
|
| (ii) | in the case of an eating establishment or take-out eating establishment, the areas used for associated offices, storage rooms, and staff rooms located in the basement or on a different storey than the eating establishment or take-out eating establishment; and
|
|
| (C) | the interior floor area size restriction in regulation (A) above does not apply to cabarets, clubs, eating establishments, entertainment places of assembly, places of assembly, recreation uses and take-out eating establishments, if the lot is more than 6.1 metres from a lot in the Residential Zone category or Residential Apartment Zone category.
|
|
| (3) | Nightclub |
| In the CRE zone, a nightclub is subject to the following:
|
|
| (A) | it must be located on the first storey;
|
| (B) | it must be on a lot that does not abut a lot in the Residential Zone category or Residential Apartment Zone category; [ By-law: 1774-2019 ]
|
| (C) | it must be the only nightclub in the building;
|
| (D) | the front lot line or side lot line of the lot may not abut Spadina Ave.; and
|
| (E) | if the lot is west of Spadina Ave.:
|
|
| (i) | the lot must have existed on February 14, 2006;
|
| (ii) | the maximum interior floor area of a nightclub may not exceed 350 square metres;
|
| (iii) | the nightclub must be on a lot that abuts King Street West, or Richmond Street West, or Adelaide Street West; and
|
| (iv) | the total number of nightclubs in the CRE zone west of Spadina Ave. may not be more than 14.
|
|
|
| (4) | Funeral Home |
| In the CRE zone, a funeral home must comply with the specific use regulations in Section 150.120.
|
| (5) | Hotel Location in a Building with Dwelling Units |
| In the CRE zone, no hotel room or suite may be located on the same storey as a dwelling unit.
|
| (6) | Retail Store with Beverage Manufacturing Use for Beer, Cider or Wine Production |
| In the CRE zone, a retail store may include beverage manufacturing use for beer, cider or wine, if the interior floor area of the retail store, including the beverage manufacturing use, does not exceed 400.0 square metres. [ By-law: 1198-2019 ]
|
| (7) | Public Utility |
| In the CRE zone, a public utility may not be:
|
|
| (A) | a sewage treatment plant;
|
| (B) | a water filtration plant.
|
|
| (8) | Public Works Yard |
| In the CRE zone, a public works yard must be in a wholly enclosed building and there may be no open storage.
|
| (9) | Animal Shelter |
| In the CRE zone, an animal shelter must be the only use in the building.
|
| (10) | Laboratory |
| In the CRE zone, a laboratory may not be in a building with a dwelling unit.
|
| (11) | Contractor's Establishment |
| In the CRE zone, a contractor's establishment is subject to the following:
|
|
| (A) | heavy equipment and machinery such as cranes, ploughs, tractors, pile drivers, road making, wrecker's or steel erector's equipment, and building and construction material may not be stored on the lot; and
|
| (B) | there may be no open storage of loose materials such as sand, gravel or concrete.
|
|
| (12) | Apparel and Textile Manufacturing Use |
| In the CRE zone, an apparel and textile manufacturing use may not involve leather products or chemical dyeing of cloth.
|
| (13) | Food Manufacturing Use |
| In the CRE zone, a food manufacturing use must be fruit and vegetable preserving, speciality food manufacturing and dairy product manufacturing, only in batch processing.
|
| (14) | Wood Product Manufacturing Use |
| In the CRE zone, a wood product manufacturing use may not be a:
|
|
| (A) | saw mill;
|
| (B) | planing mill; or
|
| (C) | wood distillation plant.
|
|
| (15) | Glass Product Manufacturing Use |
| In the CRE zone, only purchased glass may be used in a glass product manufacturing use.
|
| (16) | Certain Manufacturing Uses Not Located in a Building with a Dwelling Unit |
| In the CRE zone, a pharmaceutical, medicine, plastic, or clay manufacturing use may not be located in a building that has a dwelling unit.
|
| (17) | Pharmaceutical and Medicine Manufacturing Use |
| In the CRE zone, a pharmaceutical and medicine manufacturing use is subject to the following:
|
|
| (A) | the use may only include assembly or manufacture of previously processed materials; and
|
| (B) | the use may not include the processing or combining of materials that alter the structure of the material.
|
|
| (18) | Plastic Product Manufacturing |
| In the CRE zone, a plastic product manufacturing use:
|
|
| (A) | may be for the assembly or manufacture of previously processed materials;
|
| (B) | must not process or combine materials that alter the structure of the material; and
|
| (C) | must not include the manufacture of celluloid or pyroxylin.
|
|
| (19) | Clay Product Manufacturing |
| In the CRE zone, a clay product manufacturing use:
|
|
| (A) | must be for the manufacturing of pottery, ceramics and plumbing fixtures; and
|
| (B) | may not be for the manufacturing of blocks, bricks, beams, pipes, artificial abrasives, clay pit mining or other mined materials.
|
|
| (20) | Tourist Home |
| In the CRE zone, a tourist home:
|
|
| (A) | must be in a townhouse, detached house, or a semi-detached house; and
|
| (B) | may not have vehicle access by a mutual driveway.
|
|
| (21) | Outdoor Patio |
| In the CRE zone:
|
|
| (A) | an outdoor patio must be combined with the following uses and comply with the requirements in regulations (B) through (G) below:
Amusement Arcade
Cabaret
Club
Eating Establishment
Entertainment Place of Assembly
Nightclub
Place of Assembly
Recreation Use
Sports Place of Assembly
Take-out Eating Establishment
|
| (B) | the maximum area of an outdoor patio is the greater of:
|
|
| (i) | 30.0 square metres; or
|
| (ii) | 30% of the interior floor area of the premises it is associated with;
|
|
| (C) | an outdoor patio may not be used to provide entertainment such as performances, music and dancing.
[ By-law: 1676-2013 ]
|
| (D) | an outdoor patio must be set back at least 30.0 metres from:
|
|
| (I) | a lot in the Residential Zone category or Residential Apartment Zone category. [ By-law: 1676-2013 ]
|
|
| (E) | despite regulation (D) above, an outdoor patio located above the first storey of the building, must be at least 40.0 metres:
|
|
| (I) | measured horizontally, from a lot in the Residential Zone category or Residential Apartment Zone category. [ By-law: 1676-2013 ]
|
|
| (F) | an outdoor patio in the rear yard of a lot which abuts a lot in the Residential Zone category or Residential Apartment Zone category must have a fence installed along the portion of the outdoor patio parallel to the rear lot line; and
|
| (G) | if a lawfully existing outdoor patio is closer to a lot than required in (D) or (E) above, that lawful distance from a lot in the Residential Zone category or Residential Apartment Zone category is the minimum distance for that lawfully existing outdoor patio from that lot.
|
|
| (22) | Vehicle Dealership |
| In the CRE zone, a vehicle dealership must comply with the specific use regulations in Section 150.90.
|
| (23) | Vehicle Fuel Station |
| In the CRE zone, a vehicle fuel station must comply with the specific use regulations in Section 150.92.
|
| (24) | Vehicle Service Shop |
| In the CRE zone, a vehicle service shop must comply with the specific use regulations in Section 150.94.
|
| (25) | Vehicle Washing Establishment |
| In the CRE zone, a vehicle washing establishment must comply with the specific use regulations in Section 150.96.
|
| (26) | Day Nursery |
| In the CRE zone, a day nursery must comply with the specific use regulations in Section 150.45.
|
| (27) | Public School, Private School |
| In the CRE zone, a public school and a private school must comply with the specific use regulations in Section 150.48.
|
| (28) | Place of Assembly- Banquet Hall |
| In the CRE zone, a place of assembly that is a banquet hall with an interior floor area greater than 1,000 square metres must be at least 300.0 metres from a lot in the Residential Zone category or Residential Apartment Zone category. This regulation does not to apply if the banquet hall is combined with a hotel.
|
| (29) | Group Home |
| In the CRE zone, a group home must comply with the specific use regulations in Section 150.15.
|
| (31) | Amusement Arcade |
| In the CRE zone, an amusement arcade:
|
|
| (A) | may be in a building that has no residential uses permitted in Clause 50.10.20.10 or 50.10.20.20;
|
| (B) | must have no more than 36 amusement devices;
|
| (C) | must have a minimum interior floor area of 6.0 square metres for each amusement device; and
|
| (D) | may only be accessible from the interior of the building.
|
|
| (32) | Eating Establishment |
| In the CRE zone, an eating establishment must comply with the specific use regulations in Section 150.100.
|
| (33) | Short-term Rental |
| A short-term rental in the CRE zone must comply with the specific use regulations in Section 150.13. [ By-law: 1453-2017 ]
|
| (34) | Place of Worship |
| In the CRE zone, a place of worship must comply with the specific use regulations in Section 150.50.
|
| (35) | Seniors Community House |
| In the CRE zone, a seniors community house must comply with the specific use regulations in Section 150.30.
|
| (36) | Crisis Care Shelter |
| In the CRE zone, a crisis care shelter must comply with the specific use regulations in Section 150.20.
|
| (37) | Secondary Suite |
| In the CRE zone, a secondary suite must comply with the specific use regulations in Section 150.10.
|
| (38) | Private Home Daycare |
| In the CRE zone, a private home daycare:
|
|
| (A) | may be located in a townhouse, detached house, or a semi-detached house; and
|
| (B) | a children's play area for a private home daycare:
|
|
| (i) | must be fenced; and
|
| (ii) | may not be located in the front yard or a side yard abutting a street.
|
|
|
| (39) | Entertainment Place of Assembly, Sports Place of Assembly and Recreation Use- Amusement Device |
| In the CRE zone, an entertainment place of assembly, a sports place of assembly or recreation use may not have more than 12 amusement devices and these devices may not be located in a hallway, lobby or other pedestrian area if the amusement devices are in the same building as any one of these uses.
|
| (40) | Rooming House |
| In the CRE zone, a rooming house must comply with the specific use regulations in Section 150.25.
|
| (41) | Outdoor Sales or Displays |
| In the CRE zone, the outdoor sale or display of goods or commodities is subject to the following:
|
|
| (A) | it must be combined with another permitted non-residential use;
|
| (B) | goods or commodities may be displayed no closer than 15.0 metres of a lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category;
|
| (C) | the cumulative area used for the outdoor sale or display of goods or commodities may be no more than 250 square metres;
|
| (D) | the area used for the outdoor sale or display of goods or commodities may not be located in areas required by this By-law for parking, loading, driveways or landscaping; and
|
| (E) | there may be no storage or warehousing of goods in a vehicle.
|
|
| (42) | Renewable Energy Production or Cogeneration Energy Production |
| In the CRE zone, renewable energy production or cogeneration energy production must be in combination with another permitted use on the lot and comply with all Municipal, Provincial and Federal by-laws, statutes and regulations.
|
| (43) | Transportation Use |
| A building or structure on a lot in the CRE zone and used as a transportation use must comply with all requirements for a building on that lot.
|
| (44) | Public Utility |
| In the CRE zone, a public utility must be enclosed by walls and comply with the permitted maximum lot coverage, required minimum building setback and permitted maximum height for a building in the CRE zone if it is:
|
|
| (A) | a hydro electrical transformer station; or [ By-law: OMB PL130592 February 7, 2017 ]
|
| (B) | a natural gas regulator station.
|
|
| (1) | King-Spadina Area - First Floor Elevation Requirement |
| If a building is located on a lot in the CRE zone bounded by Queen Street West to the north, Simcoe Street to the east, Front Street West to the south, and Bathurst Street to the west, the elevation of the first storey of the building must be:
|
|
| (A) | at or within 0.6 metres above the height of the public sidewalk abutting the site; or
|
| (B) | from the elevation of the street abutting the site if there is no sidewalk.
|
|
| (2) | Residential Use Orientation to Street |
| In the CRE zone, a building with a dwelling unit may not be located so that another building is between any main wall of the building and the street on which the building fronts.
|
| (3) | Hotel Orientation To Street |
| In the CRE zone, no building may be used as a hotel if another building is located between it and the street on which the hotel fronts.
|
| (4) | Building Orientation to a Street - Hotels and Buildings With Dwelling Units |
| In the CRE zone, a building, or an addition which is not attached above-ground to the original part of a building, is not permitted if:
|
|
| (A) | it has dwelling units, rooms or suites in a hotel, and is in the rear of another building or the original part of the same building; or
|
| (B) | it is in front of a building, or the original part of the same building, has dwelling units, rooms or suites in a hotel, to produce the condition of a building having dwelling units, rooms or suites, in the rear of another building.
|
|
| (1) | Maximum Height |
| In the CRE zone, the permitted maximum height of a building or structure on a lot is:
|
|
| (A) | the numerical value, in metres, following the letters "HT" on the Height Overlay Map; and
|
| (B) | if no numerical value follows the letters "HT" on the Height Overlay Map, the permitted maximum height is not limited by this regulation.
|
|
| (2) | Heritage Building Volume Permission Beyond Height Limit |
| In the CRE zone, a building on a heritage site may be permitted to exceed the permitted maximum height, subject to the following:
|
|
| (A) | the lot must be subject to an agreement pursuant to section 37 of the Planning Act, authorizing the increase in height in exchange for the conservation of all or part of a building identified as a heritage site;
|
| (B) | the additional height of the building may not be greater than 20% of the permitted maximum height of the building;
|
| (C) | the part of a building exceeding the permitted maximum height may have a maximum total volume that does not exceed the values calculated as follows:
|
|
| (i) | if the façade of the heritage building facing a street is conserved, the building volume above the permitted maximum height of the building is 6.0 times the area (length multiplied by height) of the portion of the façade that is conserved;
|
| (ii) | if there is no construction above the heritage building, the building volume above the permitted maximum height of the building is equal to 1.5 times the volume of the retained part of the heritage building that is further than 3.0 metres from the façade of the heritage building facing a street;
|
| (iii) | if there is construction above a conserved portion of the heritage building, the building volume above the permitted maximum height of the building is equal to one times the volume of that conserved portion of the heritage building further than 3.0 metres from the façade of the heritage building facing a street; and
|
| (iv) | if there is an above-ground separation between the conserved heritage building and the adjacent buildings or structures on the same lot, the building volume above the permitted maximum height of the building is equal to the volume determined by multiplying the height of the conserved heritage building by:
|
|
| (a) | the distance between the conserved heritage building and the adjacent building or structure measured at right angles from the conserved heritage building; and
|
| (b) | the length of the portion of the conserved heritage building, if a line projected at a right angle from the heritage building face intercepts the adjacent building or structure on the same lot; and
|
|
|
| (D) | any permitted building volume exceeding the permitted maximum height of the building is subject to the following:
|
|
| (i) | it must comply with angular plane requirements, if the zone label refers to a CRE Site Specific Exception with the Prevailing Section 12(2) 260 of the former Zoning By-law of the City of Toronto By-law, By-law 438-86; or
|
| (ii) | if there are no angular plane requirements, the building may be no closer to a lot line than the original building setback for all portions of the main walls of the highest storey facing the same lot line and located below the permitted maximum height, plus 3.0 metres; and
|
|
| (E) | the dimensions of a conserved heritage building in regulations (C) (ii), (iii), and (iv) above are measured between the exterior faces of the main walls and between the interior surface of the ceiling of the uppermost storey and the surface of the first storey of the conserved heritage building; and
|
| (F) | equipment, structures and parts of a building referred to in regulations 50.5.40.10(3), 50.5.40.10(4), 50.5.40.10(5), and 50.5.40.10(6) are measured from the adjusted maximum height of a building permitted by regulations (A) to (E) above.
|
|
| (3) | Height Exemption - Mechanical Elements in King-Spadina Area |
| In the CRE zone, a building located in the area bounded by Queen Street West to the north, Simcoe Street to the east, Front Street West to the south, and Bathurst Street to the west, may exceed the permitted maximum height of the building by 5.0 metres if:
|
|
| (A) | all stair towers, elevator shafts, and mechanical equipment are enclosed; and
|
| (B) | the additional 5.0 metre height does not penetrate the required angular plane for the lot.
|
|
| (4) | Maximum Number of Storeys |
| The permitted maximum number of storeys in a building on a lot in the CRE zone is:
|
|
| (A) | the numerical value following the letters "ST" on the Height Overlay Map; and
|
| (B) | if the lot is in an area with no numerical value following the letters "ST" on the Height Overlay Map, the number of storeys is not limited by this regulation. [ By-law: 1353-2015 ]
|
|
| (1) | Permitted Maximum Height for Lawfully Existing Buildings |
| In the CRE zone, if the lawful height of a lawfully existing building or structure is greater than the permitted maximum height of a building, that lawful height is the maximum height for that lawfully existing building or structure.
|
| (2) | Additions to Lawfully Existing Buildings - Maximum Height |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 50.10.40.11(1) must comply with the permitted maximum height or be authorized by a Section 45 Planning Act minor variance.
|
| (1) | Maximum Building Depth |
| In the CRE zone, no portion of a building may be set back more than 50.0 metres from a lot line that abuts a street.
|
| (1) | Permitted Building Depth for Lawfully Existing Buildings |
| In the CRE zone, if the lawful building depth of a lawfully existing building is greater than the permitted maximum building depth, that lawful building depth is the maximum building depth for that lawfully existing building.
|
| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building referred to in regulation 50.10.40.31(1) must comply with all other regulations in this By-law or be authorized by a Section 45 Planning Act minor variance.
|
| (1) | Amenity Space Requirement for Buildings with 20 or More Dwelling Units |
| In the CRE zone, a building with 20 or more dwelling units must provide amenity space at a minimum rate of 4.0 square metres for each dwelling unit, of which:
|
|
| (A) | at least 2.0 square metres for each dwelling unit is indoor amenity space; [ By-law: 1353-2015 ]
|
| (B) | at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
|
| (C) | no more than 25% of the outdoor component may be a green roof.
|
|
| (1) | Required Amenity Space for Lawfully Existing Buildings with 20 or More Dwelling Units |
| In the CRE zone, if a lawfully existing building with 20 or more dwelling units has not provided the amenity space required by regulation 50.10.40.50(1), the lawfully existing building does not have to comply with regulation 50.10.40.50(1).
|
| (1) | Permitted Encroachments - Decks, Porches and Balconies |
| In the CRE zone a platform with no main walls, such as a deck, porch, balcony or similar structure, attached to or less than 0.3 metres from a building, is subject to the following:
|
|
| (A) | a platform with a floor no higher than the first storey of the building may encroach into the required minimum building setback the lesser of 2.5 metres or 50% of the required minimum building setback if it is no closer to a lot line than 0.3 metres; and
|
| (B) | a platform with a floor that is higher than the first storey of the building may encroach into the required minimum building setback 1.5 metres.
|
|
| (2) | Permitted Encroachments - Canopies and Awnings |
| In the CRE zone a canopy, awning or similar structure, with or without structural support, or a roof over a platform which complies with regulation 50.10.40.60(1), may encroach into a required minimum building setback for the building:
|
|
| (A) | to the same extent as the platform it is covering; and
|
| (B) | when it does not cover a platform, the canopy, awning or similar structure may encroach into a required minimum building setback as follows:
|
|
| (i) | in a rear yard, the lesser of 2.5 metres or 50% of the required rear yard setback, if it is no closer to a side lot line than the required side yard setback;
|
| (ii) | in a side yard that does not abut a street, a maximum of 1.5 metres, if it is at least 0.3 metres from the side lot lines; and
|
| (iii) | in a front yard or side yard that abuts a street, in compliance with Regulation 50.5.40.60(1).
|
|
|
| (3) | Permitted Encroachments - Exterior Stairs, Access Ramp and Elevating Device |
| In the CRE zone:
|
|
| (A) | exterior stairs providing access to a building or structure may encroach into a required minimum building setback, if the stairs are:
|
|
| (i) | no longer than 1.5 horizontal units for each 1.0 vertical unit above-ground at the point where the stairs meet the building or structure;
|
| (ii) | no wider than 2.0 metres; and
|
| (iii) | no closer to a lot line than 0.3 metres; and
|
|
| (B) | an uncovered ramp providing pedestrian access to a building or structure may encroach into a required minimum building setback, if the ramp is:
|
|
| (i) | no longer than 15 horizontal units for each 1.0 vertical unit above-ground at the point where the ramp meets the building or structure;
|
| (ii) | no wider than 1.5 metres for each sloped ramp segment; and
|
| (iii) | no closer to a lot line than 0.3 metres; and
|
|
| (C) | an elevating device providing access to a building or structure may encroach into a required minimum building setback, if the elevating device:
|
|
| (i) | elevates no higher than the first storey of the building;
|
| (ii) | has a maximum area of 3.0 square metres; and
|
| (iii) | is no closer to a lot line than 0.3 metres.
|
|
|
| (4) | Permitted Encroachments - Exterior Main Wall Surface |
| In the CRE zone cladding added to the original exterior surface of the main wall of a building, may encroach into a required minimum building setback a maximum of 0.15 metres, if the building is at least 5 years old.
|
| (5) | Permitted Encroachments - Architectural Features |
| In the CRE zone architectural features on a building must comply with the following:
|
|
| (A) | a pilaster, decorative column, cornice, sill, belt course or other similar architectural feature on a building may encroach into a required minimum building setback a maximum of 1.0 metres, if it is no closer to a lot line than 0.3 metres; and
|
| (B) | a chimney breast, on a building, may encroach into a required minimum building setback a maximum of 0.6 metres, if it is:
|
|
| (i) | no wider than 2.0 metres; and
|
| (ii) | no closer to a lot line than 0.3 metres.
|
|
|
| (6) | Permitted Encroachments - Window Projections |
| In the CRE zone, a bay window, box window, or other window projection from a main wall of a building, which increases floor area or enclosed space and does not touch the ground, may encroach:
|
|
| (A) | into a required minimum front yard setback or required minimum rear yard setback a maximum of 0.75 metres, if the window projections in total do not occupy more than 65% of the width of the front wall or rear main wall at each storey; and
|
| (B) | into a required minimum side yard setback a maximum of 0.6 metres, if the window projections:
|
|
| (i) | in total do not occupy more than 30% of the width of the side main wall at each storey; and
|
| (ii) | are no closer to the side lot line than 0.6 metres.
|
|
|
| (7) | Permitted Encroachments - Equipment |
| In the CRE zone, the following wall mounted equipment may encroach into a required minimum building setback as follows, if they are no closer to the lot line than 0.3 metres:
|
|
| (A) | an air conditioner a maximum of 0.9 metres into the rear yard setback or side yard setback, if it is not located above the first storey;
|
| (B) | a satellite dish, a maximum of 0.9 metres;
|
| (C) | an antennae or pole used to hold an antennae, a maximum of 0.9 metres into the rear yard setback or side yard setback; and
|
| (D) | a vent or pipe, a maximum of 0.6 metres into a rear yard setback or side yard setback.
|
|
| (8) | Permitted Encroachments for Particular Building Setbacks |
| In the CRE zone, the permitted encroachments in regulations 50.10.40.60(1), 50.10.40.60(2), 50.10.40.60(5), and 50.10.40.60(6) may encroach into the following required minimum building setbacks:
|
|
| (A) | a side yard setback and rear yard setback as set out in regulation 50.10.40.70(1);
|
| (B) | a required minimum building setback from a lot in the Residential Zone category or Residential Apartment Zone category set out in regulation 50.10.40.70(2); and
|
| (C) | a separation distance between exterior main walls of buildings as set out in regulation 50.10.40.80(1).
|
|
| (1) | Side Yard Setback and Rear Yard Setback |
| In the CRE zone, the required minimum building setback from a side lot line or rear lot line is 7.5 metres, excluding any part of the building or structure that is less than 25.0 metres from a lot line abutting a street or park.
|
| (2) | Building Setback from a Lot in the Residential Zone Category or Residential Apartment Zone Category. |
| In the CRE zone, any part of a building or structure with height greater than 4.0 metres, must be set back at least 3.0 metres from any lot line that abuts a lot entirely within the Residential Zone category or Residential Apartment Zone category.
|
| (3) | Building Setback from a Lane |
| In the CRE zone if a lot abuts a lane, the required minimum building setback from a side lot line or rear lot line that abuts the lane is 7.5 metres measured from the original centreline of the lane, excluding any part of the building or structure that is less than 25.0 metres from a lot line abutting a street or park.
|
| (4) | Heritage building - Setback of new construction above a heritage building |
| In the CRE zone, if a lot with a building is identified as a heritage site, any portion of a building that exceeds the height of the conserved heritage building, whether an addition above the conserved heritage building or as a separate building on the same lot, must be set back from a lot line that abuts a street a distance equal to the original building setback of the conserved heritage building from that lot line that abuts a street, plus 3.0 metres.
|
| (5) | Building Setback for Upper Building Level Facing A Street |
| In the CRE zone, the required minimum building setback from a lot line that abuts a street is:
|
|
| (A) | 3.0 metres for the portion of the building or structure which exceeds a height of 20.0 metres; or
|
| (B) | 3.0 metres for the portion of the building or structure which exceeds a height of 16.0 metres for a lot that fronts King Street East.
|
|
| (6) | Building Setbacks Below Ground |
| (DELETED BY OMB ORDER, JULY 12, 2017 – PL130592) [ By-law: OMB PL130592 ]
|
| (1) | Permitted Setbacks for Lawfully Existing Buildings |
| In the CRE zone, if the lawful building setback of a lawfully existing building or structure is less than the required minimum building setback from:
|
|
| (A) | a rear lot line, that lawful building setback is the minimum rear yard setback for that lawfully existing building or structure; or
|
| (B) | a side lot line, that lawful building setback is the minimum side yard setback for that lawfully existing building or structure.
|
|
| (2) | Required Setbacks for Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 50.10.40.71(1) must comply with the required minimum building setbacks or be authorized by a Section 45 Planning Act minor variance.
|
| (1) | Distance Between External Walls of Buildings |
| In the CRE zone, if a building has main walls facing each other or facing the main walls of another building on the same lot and a line projected at a right angle from one of the main walls intercepts the other main wall, the required minimum above-ground distance between them is 11.0 metres.
|
| (2) | Distance Between Windows of Buildings in King-Spadina |
| In the CRE zone bounded by Queen Street West to the north, Simcoe Street to the east, Front Street West to the south, and Bathurst Street to the west, if a building has windows facing each other, and a line projected at a right angle from one of the windows intercepts the other window, the required minimum above-ground distance between the windows is 15.0 metres.
|
| (3) | Distance Between Windows of Buildings in King-Spadina |
| In the CRE zone bounded by Queen Street West to the north, Simcoe Street to the east, Front Street West to the south, and Bathurst Street to the west, if a building has windows, the required minimum above-ground distance between the windows and another main wall without windows or a lot line that does not abut a street or park is 7.5 metres.
|
| (1) | Permitted Separation Between Main Walls for Lawfully Existing Buildings |
| In the CRE zone, if the lawful separation distance between the main walls of lawfully existing buildings on the same lot, or between main walls of the same lawfully existing building, is less than the required minimum separation distance between main walls, that lawful separation distance is the minimum separation distance for those main walls of those lawfully existing buildings.
|
| (2) | Additions to Lawfully Existing Buildings |
| Any addition or extension to a lawfully existing building or structure referred to in regulation 50.10.40.81(1) must comply with the minimum separation distance between main walls required by this By-law or be authorized by a Section 45 Planning Act minor variance.
|
| (1) | Landscaping Requirement if Abutting a Lot in the Residential Zone Category or Residential Apartment Zone Category |
| If a lot in the CRE zone abuts a lot in the Residential Zone category or Residential Apartment Zone category, a minimum 1.5 metre wide strip of soft landscaping must be provided along the part of the lot line abutting the lot in the Residential Zone category or Residential Apartment Zone category.
|
| (2) | Fence Requirement If Abutting a Lot in the Residential Zone Category or Residential Apartment Zone Category |
| If a lot in the CRE zone abuts a lot in the Residential Zone category or the Residential Apartment Zone category, a fence must be installed along the portion of a lot line abutting the lot in the Residential Zone category or Residential Apartment Zone category.
|
| (1) | Outdoor Parking Restriction |
| In the CRE zone, an outdoor parking area with more than 3 parking spaces must be fenced if it is located in a side yard or rear yard that abuts a street, lane or a lot in the Residential Zone category or Residential Apartment Zone category, excluding the portions used for vehicle access.
|
| (2) | CRE Zone Above Grade Parking Building or Structure Restriction |
| In the CRE zone, parking spaces in an above-ground building or structure is permitted, if:
|
|
| (A) | it is combined with another permitted use in the building or structure; and
|
| (B) | any portion of the building or structure facing a street and less than 4.0 metres above the elevation of that lot line abutting the street must have permitted uses other than the parking or storing of vehicles, to a minimum depth of 10.0 metres from the main wall, along the entire length of the main wall, except for vehicle access.
|
|
| (3) | CRE Zone Parking Space Allocation Mixed Use Building |
| In the CRE zone, if a building has both residential and non-residential uses and has less than 25 dwelling units, a minimum of one-third (1/3) of the total parking spaces required for all the uses in the building must be available to all occupants of or visitors to the building, without assigning any of those parking spaces for exclusive use.
|
| (1) | CRE Zone Parking Restriction |
| In the CRE zone, no vehicle may be parked or stored in the front yard.
|
| (1) | Parking Space to be Set Back from a Lot Line |
| A parking space not located in a building or structure must be set back at least 0.5 metres from a lot line.
|
| (1) | Loading Space Location |
| A loading space may not be in:
|
|
| (A) | a front yard;
|
| (B) | a side yard abutting a street; or
|
| (C) | any side yard or rear yard that abuts a lot in the Residential Zone category or Residential Apartment Zone category.
|
|
| (1) | Loading Space Location Exemption |
| If a lawfully existing building has a lawful loading space that does not comply with the loading space location requirements of regulation 50.10.90.10(1), that lawful loading space is exempt from the requirements of regulation 50.10.90.10(1).
|
| (1) | Access to Loading Space - Restrictions |
| In the CRE zone:
|
|
| (A) | where a lot abuts a lane, vehicle access to a loading space must be from the lane; and
|
| (B) | where a corner lot does not abut a lane and it has at least one lot line abutting a street that is not a major street on the Policy Areas Overlay Map, vehicle access to a loading space must be from the street which is not a major street.
|
|
| (2) | Loading Restrictions Adjacent to a Lot in the Residential Zone Category or Residential Apartment Zone Category |
| In the CRE zone, where a lot abuts a lot in the Residential Zone category or Residential Apartment Zone category, vehicle access to the loading space may not be over any part of a lot in the Residential Zone category or Residential Apartment Zone category.
|
| (3) | Access Through a Main Wall to a Loading Space |
| (deleted by OMB Order, November 21, 2018 - PL 130592) [ By-law: PL130592 Nov21_2018 ]
|
| (1) | Access Through a Main Wall to a Loading Space Exemption |
| If a lawfully existing building has a lawful loading space access in a main wall that does not comply with the loading space location requirements of regulation 50.10.90.40(3), that lawful loading space is exempt from the requirements of regulation 50.10.90.40(3).
|
| (1) | Access to Parking Areas if Adjacent to a Lot in a Residential Zone Category or Residential Apartment Zone Category |
| If a lot in the CRE zone abuts a lot in the Residential Zone category or Residential Apartment Zone category:
|
|
| (A) | vehicle access to a parking space may not be over any part of a lot in the Residential Zone category or Residential Apartment Zone category; and
|
| (B) | a parking space must be set back at least 1.5 metres from a lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category.
|
|
| (1) | Waste and Recyclable Materials Storage |
| In the CRE zone:
|
|
| (A) | all waste and recyclable material must be stored in a wholly enclosed building, if a building is constructed pursuant to a building permit issued more than three years after May 9, 2013; and
|
| (B) | if the waste and recyclable material is stored in an ancillary building, the ancillary building:
|
|
| (i) | may not be located in a side yard that abuts a street or in a front yard; and
|
| (ii) | must be located at least:
|
|
| (a) | 7.5 metres from a lot in the Residential Zone category, Residential Apartment Zone category or Open Space Zone category; and
|
| (b) | 1.0 metres from all other side lot lines and rear lot lines.
|
|
|
|
|
