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The new City-wide Zoning By-law 569-2013 was enacted on May 9, 2013. It has been appealed under section 34(19) of the Planning Act. Even though it is under appeal, the City's Chief Building Official and the Committee of Adjustment will apply the new By-law to applications filed after its enactment. Please consult with your advisors to determine whether the new by-law has any impact.
Amendments to By-law 569-2013 have been incorporated into this office consolidation. The original by-law and its amendments are with the City Clerk's office.
Zoning By-law No. 569-2013, as
amended (office consolidation) in pdf:
Chapters 1 - 800 
Chapters 900.1 900.7 
Chapters 900.8 - 995
   
 
City of Toronto Zoning By-law 569-2013, as amended (Office Consolidation)
Version Date: July 15, 2019
Table of Contents

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Chapter 1Administration
Chapter 2Compliance with this By-law
Chapter 5Regulations Applying to all Zones
Chapter 10Residential
Chapter 15Residential Apartment
Chapter 30Commercial
Chapter 40Commercial Residential
40.5Regulations Applying to the Commercial Residential Zone Category
40.5.1General
40.5.1.10Interpretation
40.5.1.20Restrictions
40.5.40Principal Building Requirements
40.5.40.1General
40.5.40.10Height
40.5.40.40Floor Area
40.5.40.60Permitted Encroachments
40.5.40.70Setbacks
40.5.40.71Setbacks Exemptions
40.5.75Energy Regulations
40.5.75.1General
40.5.80Parking
40.5.80.1General
40.5.80.10Location
40.10Commercial Residential Zone (CR)
Chapter 50Commercial Residential Employment
Chapter 60Employment Industrial
Chapter 80Institutional
Chapter 90Open Space
Chapter 100Utility and Transportation
Chapter 150Specific Use Regulations
Chapter 200Parking Space Regulations
Chapter 220Loading Space Regulations
Chapter 230Bicycle Parking Space Regulations
Chapter 280Special Districts - Downtown
Chapter 300Special Districts - Centres
Chapter 400Special Districts - Avenues
Chapter 500Special Districts - Heritage
Chapter 600Regulations for Overlay Zones
Chapter 800Definitions
Chapter 900Site Specific Exceptions
Chapter 970Appendices
Chapter 990Zoning By-law Map
Chapter 995Overlay Maps

Chapter 40 Commercial Residential

40.5 Regulations Applying to the Commercial Residential Zone Category

40.5.1 General

40.5.1.10 Interpretation

(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.
(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.
(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:
(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:
(i)the letter "c" and a numerical value indicating the permitted maximum floor space index for non-residential uses on a lot; and
(ii)the letter "r" and a numerical value indicating the permitted maximum floor space index for residential uses on a lot; and
(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.
(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:

(A)Required Minimum Building Setback from a Front Lot Line;
(B)Permitted Maximum Building Setback from a Front Lot Line;
(C)Required Minimum Building Setback from a Rear Lot Line;
(D)Required Minimum Building Setback from a Side Lot Line;
(E)Required Building Angular Plane from a Front Lot Line or Side Lot Line abutting a street;
(F)Required Building Angular Plane from a Rear Lot Line;
(G)Required Minimum Landscaping Area on a Lot; and
(H)Permitted Maximum Building Height.

40.5.1.20 Restrictions

(1)Living Accommodation in Ancillary Buildings
In the Commercial Residential Zone category, an ancillary building may not be used for living accommodation.
(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.

40.5.40 Principal Building Requirements

40.5.40.1 General

(1)Building Requirements
Additional building requirements are in each zone in the Commercial Residential Zone category.

40.5.40.10 Height

(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.
(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.
(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:
(A)antennae;
(B)flagpoles; and
(C)satellite dishes.
(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):
(A)equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment;
(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
(C)structures that enclose, screen or cover the equipment, structures and parts of a building listed in (A) and (B) above.
(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:
(A)the total area of all equipment, structures, or parts of a building may cover no more than 30% of the area of the roof, measured horizontally; and
(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.
(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.
(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.

40.5.40.40 Floor Area

(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:
(A)parking, loading and bicycle parking below-ground;
(B)required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
(C)storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
(D)shower and change facilities required by this By-law for required bicycle parking spaces;
(E)elevator shafts;
(F)mechanical penthouse; and
(G)exit stairwells in the building.
(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.
(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:
(A)parking, loading and bicycle parking below-ground;
(B)required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
(C)storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
(D)shower and change facilities required by this By-law for required bicycle parking spaces;
(E)amenity space required by this By-law;
(F)elevator shafts;
(G)garbage shafts;
(H)mechanical penthouse; and
(I)exit stairwells in the building.
(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.
(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:
(A)parking, loading and bicycle parking below-ground;
(B)required loading spaces at the ground level and required bicycle parking spaces at or above-ground;
(C)storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
(D)shower and change facilities required by this By-law for required bicycle parking spaces;
(E)amenity space required by this By-law;
(F)elevator shafts;
(G)garbage shafts;
(H)mechanical penthouse; and
(I)exit stairwells in the building.
(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.
(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:
(A)is accessed by means of a permanent stair case or mechanical elevating device; or
(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.
(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.
(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:
(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;
(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
(C)the area of required parking spaces in the building.
(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.

40.5.40.60 Permitted Encroachments

(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.

40.5.40.70 Setbacks

(1)Building or Structure to be Set Back from a Lane
A building or structure in the Commercial Residential Zone category may be:
(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
(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.

40.5.40.71 Setbacks Exemptions

(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.
(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).

40.5.75 Energy Regulations

40.5.75.1 General

(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.
(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:
(A)on a building:
(i)must comply with the required minimum building setbacks for a building on the lot; and
(ii)no part of the device may be higher than 2.0 metres above the permitted maximum height for the building; and
(B)ground mounted, must comply with the requirements for a building or structure on the lot.
(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.
(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:
(A)on a lot that abuts a lot in the Residential Zone category or Residential Apartment Zone category, by 3.0 metres;
(B)the permitted maximum height of a building is less than 25.0 metres, by 3.0 metres; and
(C)in all other cases, by 5.0 metres.
(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.
(6)Cogeneration Device
In the Commercial Residential Zone category, a cogeneration energy device must be located inside a permitted building.

40.5.80 Parking

40.5.80.1 General

(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.

40.5.80.10 Location

(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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