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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),
is available in PDF format from the
Zoning By-law 569-2013 homepage
   
 
City of Toronto Zoning By-law 569-2013, as amended (Office Consolidation)
Version Date: March 1, 2021
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
40.10Commercial Residential Zone (CR)
40.10.1General
40.10.1.10Interpretation
40.10.20Permitted Uses
40.10.20.10Permitted Use
40.10.20.20Permitted Use - with Conditions
40.10.20.40Permitted Building Types
40.10.20.41Permitted Building Types Exemptions
40.10.20.100Conditions
40.10.30Lot Requirements
40.10.30.1General
40.10.30.20Lot Frontage
40.10.30.21Lot Frontage Exemptions
40.10.30.40Lot Coverage
40.10.30.41Lot Coverage Exemptions
40.10.40Principal Building Requirements
40.10.40.1General
40.10.40.10Height
40.10.40.11Height Exemptions
40.10.40.40Floor Area
40.10.40.41Floor Area Exemptions
40.10.40.50Decks, Platforms and Amenities
40.10.40.51Decks, Platforms and Amenities Exemptions
40.10.40.60Permitted Encroachments
40.10.40.70Setbacks
40.10.40.71Setbacks Exemptions
40.10.40.80Separation
40.10.40.81Separation Exemptions
40.10.50Yards
40.10.50.10Landscaping
40.10.50.11Landscaping Exemptions
40.10.80Parking
40.10.80.10Location
40.10.80.20Setbacks
40.10.90Loading
40.10.90.1General
40.10.90.10Location
40.10.90.11Location Exemptions
40.10.90.40Access to Loading Space
40.10.90.41Access to Loading Space Exemptions
40.10.100Access to Lot
40.10.100.10Location
40.10.100.11Location Exemptions
40.10.150Waste
40.10.150.1General
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

40.10 Commercial Residential Zone (CR)

40.10.1 General

40.10.1.10 Interpretation

(1)Application of This Section
The regulations in Section 40.10 apply to all lands, uses, buildings and structures in the CR zone.
(2)CR Zone Development Standard Sets
In the CR zone there are three Development Standard Sets: SS1, SS2 and SS3, which form part of the zone label.
(3)Medical Office
For the purposes of the CR Zone, a medical office includes a medical clinic.

40.10.20 Permitted Uses

40.10.20.10 Permitted Use

(1)Use - CR Zone
(A)In the CR zone, the following uses are permitted under the letter "c" in the zone label referred to in regulation 40.5.1.10(3)(A)(i):

Ambulance Depot
Art Gallery
Artist Studio
Automated Banking Machine
Community Centre
Courts of Law
Education Use
Financial Institution
Fire Hall
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
Software Development and Processing
Veterinary Hospital
Wellness Centre [ By-law: 1198-2019 ]
(B)In the CR zone, the following uses are permitted under the letter "r" in the zone label referred to in regulation 40.5.1.10(3)(A)(ii):

Dwelling Unit in a permitted building type in Clause 40.10.20.40
Hospice Care Home
Municipal Shelter
Nursing Home
Religious Residence
Residential Care Home
Respite Care Facility
Retirement Home
Student Residence
[ By-law: 545-2019 ]

40.10.20.20 Permitted Use - with Conditions

(1)Use with Conditions - CR Zone
(A)In the CR zone, the following uses are permitted under the letter "c" in the zone label referred to in regulation 40.5.1.10(3)(A)(i) if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100:

Amusement Arcade (23, 47)
Cabaret (1)
Club (1)
Cogeneration Energy (56)
Custom Workshop (16)
Day Nursery (27)
Drive Through Facility (37)
Eating Establishment (1,33)
Entertainment Place of Assembly (1, 46)
Funeral Home (24)
Hotel (4)
Laboratory (15)
Nightclub (2)
Outdoor Patio (21)
Outdoor Sales or Display (20)
Place of Assembly (1, 29)
Place of Worship (40)
Private School (28)
Public Parking (7,8,9,10,11)
Public School (28)
Public Utility (54,57)
Recreation Use (1, 46)
Renewable Energy (56)
Retail Service (17)
Service Shop (6)
Sports Place of Assembly (46)
Take-out Eating Establishment (1)
Transportation Use (55)
Vehicle Dealership (26)
Vehicle Fuel Station (13,38)
Vehicle Service Shop (13,39)
Vehicle Washing Establishment (25)

(A)In the CR zone, the following uses are permitted under the letter "c" in the zone label referred to in regulation 40.5.1.10(3)(A)(i) if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100:

Amusement Arcade (23, 46, 47)
Cabaret (1)
Club (1)
Cogeneration Energy (56)
Custom Workshop (16)
Day Nursery (27)
Drive Through Facility (37)
Eating Establishment (1,33)
Entertainment Place of Assembly (1, 46)
Funeral Home (24)
Hotel (4)
Laboratory (15)
Nightclub (2)
Outdoor Patio (21)
Outdoor Sales or Display (20)
Place of Assembly (1, 29)
Place of Worship (40)
Private School (28)
Public Parking (7,8,9,10,11)
Public School (28)
Public Utility (54,57)
Recreation Use (1, 46)
Renewable Energy (56)
Retail Service (17)
Retail Store (5)
Service Shop (6)
Sports Place of Assembly (46)
Take-out Eating Establishment (1)
Transportation Use (55)
Vehicle Dealership (26)
Vehicle Fuel Station (13,38)
Vehicle Service Shop (13,39)
Vehicle Washing Establishment (25) [ By-law: 1198-2019 ]
(B)REPLACE THIS CONTENT [ By-law: 1353-2015 ]
(B)In the CR zone, the following uses are permitted under the letter "r" in the zone label referred to in regulation 40.5.1.10(3)(A)(ii) if they comply with the specific conditions associated with the reference number(s) for each use in Clause 40.10.20.100:

Crisis Care Shelter (43)
Group Home (30)
Home Occupation (45)
Private Home Daycare (44)
Rooming House (48)
Secondary Suite (58)
Seniors Community House (42)
Short-term Rental (3) [By-law 1453-2017]
Tourist Home (22) [ By-law: 545-2019 ]

40.10.20.40 Permitted Building Types

(1)Permitted Building Types for Dwelling Units
In the CR zone the following building types for dwelling units are permitted:
(A)Apartment Building on a lot that has a zone label with an "r" value referred to in regulation 40.5.1.10(3)(A)(ii) that is greater than 0.0;
(B)Mixed Use Building on a lot that has a zone label with an "r" value referred to in regulation 40.5.1.10(3)(A)(ii) that is greater than 0.0; and
(C)Townhouse:
(i)on a lot that has a zone label with an "r" value referred to in regulation 40.5.1.10(3)(A)(ii) that is greater than 0.0; and
(ii)on a lot that is not located in Policy Area 3 (PA3) or Policy Area 4 (PA4) on the Policy Overlay Map.

40.10.20.41 Permitted Building Types Exemptions

(1)Lawfully Existing Dwelling Units in Non-permitted Building Types
A dwelling unit in a lawfully existing detached house, semi-detached house duplex, triplex, fourplex, or townhouse in Policy Area 3 or Policy Area 4 on a lot in the CR zone is permitted on that lot and any addition to those lawfully existing buildings must comply with the requirements for the respective building type in the RM zone and the RT zone in the case of a townhouse, or be authorized by a Section 45 Planning Act minor variance.

40.10.20.100 Conditions

(1)Cabaret, Club, Eating Establishment, Entertainment Place of Assembly, Place of Assembly, Recreation Use and Take-out Eating Establishment
In the CR zone:
(A)the total interior floor area of all cabarets, clubs, eating establishments, entertainment places of assembly, 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 and on a lot which is subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2) may not exceed 400 square metres;
(B)the calculation of total interior floor area is reduced by:
(i)the interior floor area used for item listed in regulations 40.5.40.40(1) (A) to (G) and 40.5.40.40(3) (A) to (I); and
(ii)in the case of an eating establishment or take-out eating establishment, the interior floor 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, on a lot that is more than 6.1 metres from a lot in the Residential Zone category or Residential Apartment Zone category, nor on a lot in the CR zone and subject to Development Standard Set 3 (SS3).
(2)Nightclub
In the CR zone, a nightclub is subject to the following:
(A)the zone label must have a "c" value of 4.0 or greater;
(B)it must be only on the first storey;
(C)it must be on a lot that does not abut a lot in the Residential Zone category or Residential Apartment Zone category; and
(D)it must be the only nightclub in the building.
(3)Short-term Rental
A short-term rental in the CR zone must comply with the specific use regulations in Section 150.13. [ By-law: 1453-2017 ]
(4)Hotel Location in a Building with Dwelling Units
In the CR zone, no hotel room or suite may be located in the same storey as a dwelling unit.
(5)Retail Store with Beverage Manufacturing Use for Beer, Cider or Wine
In the CR zone, a retail store may include a 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 ]
(6)Service Shop
In the CR zone, the permitted maximum interior floor area of all service shops on a lot which is subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2) is 400 square metres. The calculation of total interior floor area is reduced by the area the interior floor area used for item listed in regulations 40.5.40.40(1) (A) to (G) and 40.5.40.40(3) (A) to (I).
(7)Public Parking - Location
In the CR zone, public parking:
(A)may not be in an above-ground parking garage on a lot subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2); and
(B)is not subject to any location conditions on a lot subject to Development Standard Set 3 (SS3).
(8)Public Parking - Access
In the CR zone, the entrance or exit to land with public parking may only be through a zone that permits public parking.
(9)Public Parking if Abutting a Lot in the Residential Zone Category or the Residential Apartment Zone Category
In the CR zone, all parking spaces provided as public parking on a surface parking lot 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.
(10)Public Parking Attendant Shelter
In the CR zone, one building for parking attendants is permitted on a lot with a public parking use, if it:
(A)has a maximum height of 4.0 metres, including all mechanical equipment;
(B)has a maximum interior floor area of 5.0 square metres; and
(C)is at least 6.0 metres from a lot line abutting a street.
(11)Public Parking Fence
In the CR zone, on a lot with public parking in a surface parking lot, a fence must be provided:
(A)along all lot lines that abut a street, except for the portions used for vehicle and pedestrian access; and
(B)along all lot lines that abut a lot in the Residential Zone category or Residential Apartment Zone category.
(12)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(13)Vehicle Fuel Station and Vehicle Service Shop Location
In the CR zone, a vehicle fuel station and a vehicle service shop must be on a lot that abuts a major street on the Policy Areas Overlay Map.
(14)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(15)Laboratory
In the CR zone, the interior floor area of a laboratory may not exceed an area equivalent to the interior floor area of the first storey of the building in which it is located. The calculation of total interior floor area is reduced by the interior floor area used for item listed in regulations 40.5.40.40(1) (A) to (G) and 40.5.40.40(3) (A) to (I).
(16)Custom Workshop
In the CR zone, the permitted maximum interior floor area of all custom workshops on a lot which is subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2) is 400 square metres. The calculation of total interior floor area is reduced by the interior floor area used for item listed in regulations 40.5.40.40(1) (A) to (G) and 40.5.40.40(3) (A) to (I).
(17)Retail Service
In the CR zone, the permitted maximum interior floor area of all retail services on a lot which is subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2) is 400 square metres. The calculation of total interior floor area is reduced by the interior floor area used for item listed in regulations 40.5.40.40(1) (A) to (G) and 40.5.40.40(3) (A) to (I).
(18)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(19)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(20)Outdoor Sales or Display
In the CR 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)no goods or commodities may be displayed within 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 of the outdoor sale or display of goods or commodities may not be more than 25% of the gross floor area of the premises it is associated with, up to a maximum of 1500 square metres;
(D)the area 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. [ By-law: PL130592 Nov21_2018 ]
(21)Outdoor Patio
In the CR zone:
(A)an outdoor patio must be combined with one of 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.; and
(B)the permitted 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; and [ By-law: 1676-2013 ]
(D)an outdoor patio must be set back at least 30.0 metres from 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)Tourist Home
In the CR zone, a tourist home:
(A)must be in:
(i)a townhouse; or
(ii)in a lawfully existing detached house or semi-detached house; and
(B)may not have vehicle access by a mutual driveway.
(23)Amusement Arcade - Size
In the CR zone, an amusement arcade:
(A)may be in a building that:
(i)has a minimum gross floor area of 20,000 square metres; and
(ii)has no residential uses listed in Clause 40.10.20.10 or 40.10.20.20;
(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.
(24)Funeral Home
In the CR zone, a funeral home must comply with the specific use regulations in Section 150.120.
(25)Vehicle Washing Establishment
In the CR zone, a vehicle washing establishment must comply with the specific use regulations in Section 150.96.
(26)Vehicle Dealership
In the CR zone, a vehicle dealership must comply with the specific use regulations in Section 150.90.
(27)Day Nursery
In the CR zone, a day nursery must comply with the specific use regulations in Section 150.45.
(28)Public School, Private School
In the CR zone, a public school and a private school must comply with the specific use regulations in Section 150.48.
(29)Place of Assembly - Banquet Hall
In the CR 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 apply if the banquet hall is combined with a hotel.
(30)Group Home
In the CR zone, a group home must comply with the specific use regulations in Section 150.15.
(32)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(33)Eating Establishment
In the CR zone, an eating establishment must comply with the specific use regulations in Section 150.100.
(34)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(35)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(36)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(37)Drive Through Facility
In the CR zone, a drive through facility must comply with the specific use regulations in Section 150.80.
(38)Vehicle Fuel Station
In the CR zone, a vehicle fuel station must comply with the specific use regulations in Section 150.92.
(39)Vehicle Service Shop
In the CR zone, a vehicle service shop must comply with the specific use regulations in Section 150.94.
(40)Place of Worship
In the CR zone, a place of worship must comply with the specific use regulations in Section 150.50.
(41)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(42)Seniors Community House
In the CR zone, a seniors community house must comply with the specific use regulations in Section 150.30.
(43)Crisis Care Shelter
In the CR zone, a crisis care shelter must comply with the specific use regulations in Section 150.20.
(44)Private Home Daycare
In the CR zone, a private home daycare:
(A)may be located in:
(i)a townhouse; or
(ii)a lawfully existing detached house or semi-detached house; and
(B)a children's play area for the private home daycare:
(i)must be fenced; and
(ii)may not be located in the front yard or a side yard abutting a street.
(45)Home Occupation
In the CR zone, a home occupation must comply with the specific use regulations in Section 150.5.
(46)Entertainment Place of Assembly, Sports Place of Assembly, or Recreation Use- Amusement Device
In the CR zone, an entertainment place of assembly, a sports place of assembly or a 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 one of these uses.
(47)Amusement Arcade - Location
In the CR zone, an amusement arcade may not be located:
(A)in a building that has a hotel with less than 100 guest rooms; and
(B)on a lot if any part of the lot is less than:
(i)150.0 metres from another lot with an amusement arcade; and
(ii)300.0 metres from a lot with a public school or private school.
(48)Rooming House
In the CR zone, a rooming house must comply with the specific use regulations in Section 150.25.
(49)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(50)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(51)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(52)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(53)(THIS DOES NOT CURRENTLY CONTAIN A REGULATION)
(54)Public Utility
In the CR zone, a public utility may not be:
(A)a sewage treatment plant; or
(B)a water filtration plant.
(55)Transportation Use
A building or structure on a lot in the CR zone and used as a transportation use must comply with all requirements for a building on that lot.
(56)Renewable Energy Production or Cogeneration Energy Production
In the CR 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.
(57)Public Utility
In the CR zone, a public utility, must be enclosed by walls and comply with the permitted maximum lot coverage, required minimum building setbacks and permitted maximum height for a building in the CR zone if it is:
(A)a hydro electrical transformer station: or [ By-law: OMB PL130592 February 7, 2017 ]
(B)a natural gas regulator station.
(58)Secondary Suite
In the CR zone, a secondary suite must comply with the specific use regulations in Section 150.10.

40.10.30 Lot Requirements

40.10.30.1 General

(1)Commercial Development Parcel - Compliance in its Entirety
In the CR zone, if two or more lots are developed together, the requirements in this By-law apply collectively to the parts of the lots within the CR zone.

40.10.30.20 Lot Frontage

(1)Minimum Lot Frontage for Lots in a CR zone
In the CR zone, the required minimum lot frontage is 9.0 metres.

40.10.30.21 Lot Frontage Exemptions

(1)Permitted Lot Frontage for Lawfully Existing Lots
In the CR zone, if the lawful lot frontage of a lawfully existing lot is less than the required minimum lot frontage, that lawful lot frontage is the minimum lot frontage for that lawfully existing lot.
(2)Additions to Lawfully Existing Buildings
Any addition or extension to a lawfully existing building or structure on a lot referred to in regulation 40.10.30.21(1) must comply with all other regulations in this By-law or be authorized by a Section 45 Planning Act minor variance.

40.10.30.40 Lot Coverage

(1)Maximum Lot Coverage
In the CR zone:
(A)if a lot is in an area with a numerical value on the Lot Coverage Overlay Map, that numerical value is the permitted maximum lot coverage, as a percentage of the lot area; and
(B)if a lot is not in an area with a numerical value on the Lot Coverage Overlay Map, no lot coverage applies.

40.10.30.41 Lot Coverage Exemptions

(1)Permitted Lot Coverage for Lawfully Existing Buildings
In the CR zone, if the area of a lot lawfully covered by lawfully existing buildings or structures is greater than the permitted maximum lot coverage, the lawful portion of the lot covered by those lawfully existing buildings or structures is the maximum lot coverage for those lawfully existing buildings or structures.
(2)Additions to Lawfully Existing Buildings
Any addition or extension to lawfully existing buildings or structures referred to in regulation 40.10.30.41(1) must comply with all other regulations in this By-law or be authorized by a Section 45 Planning Act minor variance.

40.10.40 Principal Building Requirements

40.10.40.1 General

(1)Location of Commercial Uses in a Mixed Use Building Condition
If a lot in the CR zone has a mixed use building, all residential use portions of the building must be located above non-residential use portions.
(1)Location of Commercial Uses in a Mixed Use Building Condition
If a lot in the CR zone has a mixed use building, all residential use portions of the building must be located above non-residential use portions of a building, other than:
(A)residential lobby access; and
(B)on a corner lot, dwelling units may be located in the first storey of a building if:
(i)the dwelling units have direct access to a street which is not a major street on the Policy Areas Overlay Map; and
(ii)the dwelling units are located to the rear of the non-residential uses on the first storey. [ By-law: 607-2015 Under Appeal ]
(2)Commercial Uses - Location of Entrances and First Floor Elevation
For any non-residential use In the CR zone, excluding a place of worship, the floor level of the first storey must:
(A)be within 0.2 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance; and
(B)have a pedestrian access, other than service entrances, which, if not level with the public sidewalk closest to the entrance, is accessed by a ramp which rises no more than 0.04 metres vertically for every 1.0 metre horizontally.
(C)Regulations 40.10.40.1(2)(A) and (B) do not apply to a transportation use along Eglinton Avenue West and Eglinton Avenue East, provided that the building is accessible to persons with disabilities. [103-2016] [ By-law: 1031-2014 ]
(3)Residential Use Orientation to Street
In the CR 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.
(4)Hotel - Orientation to Street
In the CR zone, no building may be used as a hotel if another building is located between it and the street on which the hotel fronts.
(5)Building Orientation to a Street - Hotels and Buildings With Dwelling Units
In the CR 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.
(6)Location of Entrances when Abutting Residential
In the CR zone, pedestrian access for a lot which abuts a lot in the Residential Zone category or Residential Apartment Zone category, or is separated from a lot in the Residential Zone category or Residential Apartment Zone category by a lane or a street:
(A)may not be within 12.0 metres of a lot in the Residential Zone category or Residential Apartment Zone category, other than:
(i)a service entrance;
(ii)an entrance to a residential use; or
(iii)an entrance or exit required by Federal or Provincial regulations; and
(B)is not required to comply with the requirements of regulation (A) above if:
(i)the lot is located in the CR zone subject to Development Standard Set 1 (SS1) south of Bloor Street West or Bloor Street East; or
(ii)the building on the lot is a place of worship. [ By-law: 580-2017 ]

40.10.40.10 Height

(1)Development Standard Set 1 - Maximum Height
In the CR zone subject to Development Standard Set 1 (SS1), 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; or
(B)16.0 metres, if there is no numerical value following the letters "HT" on the Height Overlay Map; and
(C)regulations (A) and (B) do not apply to the area bounded by York Street, Adelaide Street West, Wellington Street West, and Yonge Street.
(2)Development Standard Set 2 - Maximum Height
In the CR zone subject to Development Standard Set 2 (SS2), the 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; or
(B)14.0 metres, if there is no numerical value following the letters "HT" on the Height Overlay Map.
(3)Development Standard Set 3 - Maximum Height
In the CR zone subject to Development Standard Set 3 (SS3), 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; or
(B)11.0 metres, if there is no numerical value following the letters "HT" on the Height Overlay Map.
(4)Required Minimum Height in Certain CR Zones
In the CR zone:
(A)If a lot has a zone label with an "r" value referred to in regulation 40.5.1.10(3)(ii) that is greater than 0.0 and the lot is located in whole or in part in Policy Area 1 (PA1), Policy Area 2 (PA2), Policy Area 3 (PA3), or Policy Area 4 (PA4) on the Policy Areas Overlay Map, the required minimum height of a building or structure is 10.5 metres and it must have at least 3 storeys; and
(B)The required minimum height and storeys requirement in regulation (A) does not apply to a vehicle fuel station.
(5)Minimum Height of First Storey
In the CR zone, the required minimum height of the first storey, is measured between the floor of the first storey and the ceiling of the first storey, is 4.5 metres.
(6)Place of Worship Height of First Storey Exemption
In the CR zone, a place of worship is exempt from regulation 40.10.40.10 (5).
(7)Maximum Number of Storeys
The permitted maximum number of storeys in a building on a lot in the CR 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 ]

40.10.40.11 Height Exemptions

(1)Permitted Maximum Height for Lawfully Existing Buildings
In the CR zone, if the lawful height of a lawfully existing building or structure is greater than the permitted maximum height, 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 40.10.40.11 (1) must comply with the permitted maximum height or be authorized by a Section 45 Planning Act minor variance.
(3)Required Minimum Height for Lawfully Existing Buildings
In the CR zone, if the lawful height of a lawfully existing building or structure is less than the minimum height required by this By-law, that lawful height is the minimum height for that lawfully existing building or structure.
(4)Additions to Lawfully Existing Buildings - Minimum Height
In the CR zone, the required minimum height for an addition or extension to a lawfully existing building or structure referred to in regulation 40.10.40.11(3) is the minimum height permitted in regulation 40.10.40.11(3).
(5)Required Minimum Height of First Storey for Lawfully Existing Buildings
In the CR zone, if the lawful height of the first storey of a lawfully existing building or structure is less than the required minimum first storey height, that lawful first storey height is the minimum first storey height for that lawfully existing building or structure.
(6)Additions to Lawfully Existing Buildings - Minimum First Storey Height for Additions
In the CR zone, the required minimum first storey height of an addition or extension to a lawfully existing building or structure referred to in regulation 40.10.40.11(5) is the minimum first storey height permitted in regulation 40.10.40.11(5).
(7)Transportation Use Exemption
A building used only for a transportation use that is part of a transit facility along Eglinton Avenue West or Eglinton Avenue East is not required to comply with regulations 40.10.40.10(4) and 40.10.40.10(5). [103-2016] [ By-law: 1031-2014 ]

40.10.40.40 Floor Area

(1)Floor Space Index
In the CR zone, the letters and numbers in brackets following the zone symbol on the zone label on the Zoning By-law Map have the following application:
(A)the numerical value following the zone symbol is the total permitted maximum floor space index for all uses on the lot;
(B)the letter "c" refers to the floor space index and the numerical value is the permitted maximum floor space index for non-residential uses on the lot; and
(C)the letter "r" refers to the floor space index and the numerical value is the permitted maximum floor space index for residential uses on the lot.
(2)Heritage Site - Designated Buildings Gross Floor Area Exclusion and Requirement
In the CR zone, a building designated as a heritage site pursuant to the Ontario Heritage Act R.S.O. 1990, c. O.18, as amended, may be used for a permitted use without complying with the permitted maximum gross floor area if:
(A)the gross floor area of the building does not exceed the total amount that existed within the building at the time of designation as a heritage site;
(B)the building is subject to an easement agreement pursuant to the Ontario Heritage Act, R.S.O 1990, as amended, or a predecessor or successor thereof; and
(C)a permitted addition or extension increases the gross floor area of the building; and:
(i)the whole of the building does not exceed the permitted maximum gross floor area; and
(ii)the uses permitted in the addition or extension, combined with the original uses in the building, does not exceed the permitted maximum gross floor area for the lot.
(3)Pedestrian Walkways - Gross Floor Area Exclusion in SS1 Areas
In the CR zone subject to Development Standard Set 1 (SS1), the gross floor area of a non-residential building or mixed use building is reduced by the area in the building used for:
(A)enclosed pedestrian walkways that:
(i)provide direct access to streets, parks, public buildings, outdoor amenity space accessible to the public, public transportation uses, or a similar walkway in an adjacent building;
(ii)are within 2.0 metres of the ground;
(iii)have a minimum width of 3.0 metres;
(iv)are not used for commercial purposes, such as hotel lobbies, retail areas, commercial display areas or other rentable space;
(v)are located a minimum distance of 10.0 metres from any street that is within 20 degrees of parallel from the pedestrian walkway; and
(vi)provide direct access between streets or similar walkways in adjacent buildings, and are located at least 60.0 metres from any part of any other pedestrian walkway; and
(B)washrooms or sitting areas that have access to the enclosed pedestrian walkways described in regulation (A) above.

40.10.40.41 Floor Area Exemptions

(1)Permitted Floor Space Index for Lawfully Existing Buildings
In the CR zone, if the lawful gross floor area of lawfully existing buildings on a lot results in a floor space index greater than the permitted maximum floor space index, the lawful floor space index resulting from those lawfully existing buildings is the maximum floor space index for those lawfully existing buildings, if the lawful floor space index for non-residential uses and the lawful floor space index for residential uses does not change.
(2)Transportation Use Along Eglinton Avenue West and Eglinton Avenue East
Regulation 40.10.40.40(1) does not apply to a transportation use along Eglinton Avenue West and Eglinton Avenue East, provided that the maximum floor area is no greater than 2 times the area of the lot. [103-2016] [ By-law: 1031-2014 ]

40.10.40.50 Decks, Platforms and Amenities

(1)Amenity Space for Buildings with 20 or More Dwelling Units
In the CR 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.
(2)Amenity Space for Buildings with Non-Residential Uses in SS1 Areas
In the CR zone subject to Development Standard Set (SS1), if a building with non-residential gross floor area is on a lot with one or more lot lines exceeding 12.0 metres in length and which abut a street, outdoor amenity space must be provided at a minimum rate of:
(A)the lesser of 1.5% of the non-residential interior floor area in the building, or 4.5% of the area of the lot, if one lot line exceeds 12.0 metres in length and abuts a street;
(B)the lesser of 3.0% of the non-residential interior floor area in the building or 9.0% of the area of the lot, if two lot lines exceed 12.0 metres in length and abut a street;
(C)the lesser of 4.5% of the non-residential interior floor area in the building, or 13.5% of the area of the lot, if three lot lines exceed 12.0 metres in length and abut a street; or
(D)the lesser of 6.0% of the non-residential interior floor area in the building, or 18.0% of the area of the lot, if four or more lot lines exceed 12.0 metres in length and abut a street.

40.10.40.51 Decks, Platforms and Amenities Exemptions

(1)Required Amenity Space for Lawfully Existing Buildings with 20 or More Dwelling Units
In the CR zone, if a lawfully existing building with 20 or more dwelling units has not provided the amenity space required by this By-law, that lawfully existing building does not have to comply with regulation 40.10.40.50(1).
(2)Required Outdoor Amenity Space for Lawfully Existing Buildings with Non-residential Uses in SS1 Areas
In the CR zone subject to Development Standard Set (SS1), if a lawfully existing building with non-residential uses has not provided the outdoor amenity space required by this By-law, that lawfully existing building or structure does not have to comply with regulation 40.10.40.50.(2).

40.10.40.60 Permitted Encroachments

(1)Permitted Encroachments - Decks, Porches and Balconies
In the CR zone a platform with no roof, 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 level no higher than the floor level of 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 is not located between the building and a lot line that abuts a street;
(B)in the CR zone subject to Development Standard Set 1 (SS1), or Development Standard Set 3 (SS3), a platform with a floor level higher than the floor level of the first storey of the building may encroach into the required minimum building setback a maximum of 1.5 metres; and
(C)in the CR zone subject to Development Standard Set 2 (SS2), a platform attached to the front main wall with a floor level higher than the floor level of the first storey of the building must:
(i)be located above the first three storeys of the building above-ground;
(ii)be located entirely behind the front main wall of the three storeys of the building above-ground; and
(iii)not project more than 1.5 metres from the main wall to which it is attached.
(2)Permitted Encroachments - Canopies and Awnings
In the CR zone a canopy, awning or similar structure, with or without structural support, or a roof over a platform which complies with regulation 40.10.40.60(1), may encroach into a required minimum building setback for the building as follows:
(A)to the same extent as the platform it is covering; and
(B)if it is not covering a platform, the canopy, awning or similar structure:
(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 no closer than 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 40.5.40.60(1).
(3)Permitted Encroachments - Exterior Stairs, Access Ramp and Elevating Device
In the CR 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 CR 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 CR 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 0.6 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 CR 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 main 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 - Roof Projections
In the CR zone, roof projections must comply with the following:
(A)a dormer projecting from the surface of the roof, may not have any wall of the dormer closer to a lot line than the required minimum building setback for the building's main wall; and
(B)the eaves may encroach into a required minimum building setback a maximum of 0.9 metres, if they are no closer to the lot line than 0.3 metres.
(8)Permitted Encroachments - Equipment
On a building in the CR 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 required minimum rear yard setback or required minimum 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 a required minimum rear yard setback or side yard setback; and
(D)a vent or pipe a maximum of 0.6 metres into a required minimum rear yard setback or required minimum side yard setback.
(9)Permitted Encroachments - Required Angular Planes
In the CR zone, permitted encroachments may not penetrate into an angular plane required by this By-law.

40.10.40.70 Setbacks

(1)Development Standard Set 1 - Building Setbacks
In the CR zone subject to Development Standard Set 1 (SS1), a building or structure is subject to the following:
(A)at least 75% of the main wall of the building facing a front lot line must be at or between the front lot line and a maximum of 3.0 metres from the front lot line;
(B)where the main wall of a building has windows or openings, the main wall must be set back at least 5.5 metres from a lot line that is not adjacent to a street or lane, otherwise no building setback is required;
(C)where the main wall of a building does not have windows or openings, the main wall must be set back at least 3.0 metres from a rear lot line or side lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category, otherwise no building setback is required; and
(D)a place of worship is exempt from regulation (A) above.
(2)Development Standard Set 2 - Building Setbacks
In the CR zone subject to Development Standard Set 2 (SS2), a building or structure is subject to the following:
(A)at least 75% of the main wall of the building facing a front lot line must be at or between the front lot line and a maximum of 3.0 metres from the front lot line;
(B)the building must be set back:
(i)at least 7.5 metres from the rear lot line; or
(ii)where the rear lot line abuts a lane, at least 7.5 metres from the lot line of the lot abutting the lane on the opposite side of the lane; and
(C)where the main wall of a building has windows or openings, the main wall must be set back at least 5.5 metres from a side lot line that is not adjacent to a street or lane, otherwise no building setback is required;
(D)where the main wall of a building does not have windows or openings, the main wall must be set back at least 3.0 metres from a side lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category, otherwise no building setback is required;
(E)if a lot abuts a lot in the O, ON or OR zone or the Residential Zone category or Residential Apartment Zone category, or if a lot is separated from a lot in the O, ON or OR zone or the Residential Zone category or Residential Apartment Zone category by a lane, no building or structure on the lot in the CR zone may penetrate a 45 degree angular plane projected:

(i)over a shallow lot, along the entire required rear yard setback, starting at a height of 10.5 metres above the average elevation of the ground along the rear lot line; and
(ii)over a deep lot, along the entire required rear yard setback, starting at a height of 7.5 metres above the average elevation of the ground along the rear lot line; and [ By-law: 607-2015 ]
(F)for the purpose of regulation 40.10.40.70(2)(E):
(i)a shallow lot is a lot with a lot depth less than or equal to that which is prescribed in column B corresponding to the width of the street right-of-way on which the lot has frontage in column A; and
(ii)a deep lot is a lot with a lot depth greater than that which is prescribed in column B corresponding to the width of the street right-of-way on which the lot fronts in column A:

Width of street right-of-way Lot depth
(column A) (column B)
20 metres 32.6 metres
23 metres 36.2 metres
27 metres 41.0 metres
30 metres 44.6 metres
33 metres 48.2 metres
36 metres 51.8 metres
(iii)the specified height above the required rear yard setback at which the angular plane is measured, must be taken from the average elevation of the ground along the rear lot line; and
(iv)where a lot fronts on a street right-of-way that is not listed in column A, the next lowest width of street right-of-way in column A applies;
(G)the building may not penetrate a 45 degrees angular plane, measured at a line parallel to and at a height above a lot line that abuts a street and is not a rear lot line, equal to 80% of the width of the street right-of-way on which the lot fronts;
(H)if a lot has two or more lot lines that abut a street, then the lot line abutting the street with the widest street right-of-way is the lot line to which regulation 40.10.40.70(2)(G) applies; and
(I)a place of worship is exempt from regulation (A) above.
(3)Development Standard Set 3 - Building Setbacks
In the CR zone subject to Development Standard Set 3 (SS3), a building or structure is subject to the following:
(A)the building must be set back:
(i)at least 7.5 metres from the rear lot line; or
(ii)where the rear lot line abuts a lane, at least 7.5 metres from the lot line of the lot abutting the lane on the opposite side of the lane; and
(iii)at least 3.0 metres from a side lot line if the side lot line abuts a street that is not a major street on the Policy Areas Overlay Map; and
(B)where the main wall of a building has windows or openings, the main wall must be set back at least 5.5 metres from a side lot line that is not adjacent to a street or lane, otherwise no building setback is required;
(C)where the main wall of a building does not have windows or openings, the main wall must be set back at least 3.0 metres from a side lot line that abuts a lot in the Residential Zone category or Residential Apartment Zone category, otherwise no building setback is required;
(D)if a lot abuts a lot in the O, ON or OR zone or the Residential Zone category or Residential Apartment Zone category, or if a lot is separated from a lot in the O, ON or OR zone or the Residential Zone category or Residential Apartment Zone category by a lane, no building or structure on the lot in the CR zone may penetrate a 45 degree angular plane projected:
(i)over a shallow lot, along the entire required rear yard setback, starting at a height of 10.5 metres above the average elevation of the ground along the rear lot line; and
(ii)over a deep lot, along the entire required rear yard setback, starting at a height of 7.5 metres above the average elevation of the ground along the rear lot line; and [ By-law: 607-2015 ]
(E)for the purpose of Regulation 40.10.40.70(3)(D):
(i)a shallow lot is a lot with a lot depth less than or equal to that which is prescribed in column B corresponding to the width of the street right-of-way on which the lot fronts in column A;
(ii)a deep lot is a lot with a lot depth greater than that which is prescribed in column B corresponding to the width of the street right-of-way on which the lot fronts in column A:

Width of street right-of-way Lot depth
(column A) (column B)
20 metres 32.6 metres
23 metres 36.2 metres
27 metres 41.0 metres
30 metres 44.6 metres
33 metres 48.2 metres
36 metres 51.8 metres
(iii)the specified height above the required minimum rear yard building setback at which the angular plane is to be measured, must be taken from the average elevation of the ground along the rear lot line; and
(iv)where a lot fronts on a street right-of-way that is not listed in column A, the next lowest width of street right-of-way in column A applies.
(4)Minimum Building Setback from Front Lot Line for Residential Uses on the First Storey
Despite regulations 40.10.40.70(1)(A), and 40.10.40.70(2)(A), for a building constructed pursuant to a building permit issued three years after May 9, 2013, any portion of a building with dwelling units located in the first storey of a building must be set back:
(A)at least 4.5 metres from the front lot line; or
(B)at least 3.0 metres from the front lot line if that the floor level of the first storey is located at least 0.9 metres and a maximum of 1.2 metres above the average elevation of the ground along the front lot line.
(5)Building Setbacks Below Grade - Development Standard Set 1 and Development Standard Set 2
(DELETED BY OMB ORDER, JULY 12, 2017 PL130592) [ By-law: OMB PL130592 ]

40.10.40.71 Setbacks Exemptions

(1)Permitted Building Setbacks for Lawfully Existing Buildings
In the CR zone:
(A)If the lawful building setback of a lawfully existing building or structure is more than the permitted maximum building setback from a front lot line, that lawful building setback is the permitted maximum front yard setback for that lawfully existing building or structure; and
(B)In the CR zone, if the lawful building setback of a lawfully existing building or structure is less than the required minimum building setback from:
(i)a rear lot line, that lawful building setback is the minimum rear yard setback for that lawfully existing building or structure; or
(ii)a side lot line, that lawful building setback is the minimum side yard setback for that lawfully existing building or structure.
(2)Required Building Setbacks for Additions to Lawfully Existing Buildings
Any addition or extension to a lawfully existing building or structure referred to in regulation 40.10.40.71(1) must comply with the permitted maximum and required minimum building setbacks or be authorized by a Section 45 Planning Act minor variance.
(3)Required Building Angular Planes for Lawfully Existing Buildings
In the CR zone, if a lawfully existing building or structure penetrates an angular plane required by this By-law, the lawfully existing building or structure does not have to comply with the angular plane requirement.
(4)Required Building Angular Planes for Additions to Lawfully Existing Buildings
Any addition or extension to a lawfully existing building or structure referred to in regulation 40.10.40.71(3) must comply with the required angular planes or be authorized by a Section 45 Planning Act minor variance.
(5)Transportation Use Exemption
Regulations 40.10.40.70(1)(2) and (3) do not apply to a transportation use along Eglinton Avenue West and Eglinton Avenue East, provided that the setbacks are between 0 and 110 metres. [By-law 103-2016]
[ By-law: 1031-2014 ]

40.10.40.80 Separation

(1)Separation of Building Walls - Development Standard Set 1
For a lot in the CR zone, subject to Development Standard Set 1 (SS1), any main wall of a building must comply with the following:
(A)where a main wall of the building has windows and a line projected at a right angle from one of these main walls intercepts another main wall with windows on the same lot, the required minimum above-ground distance between the main walls must be 11.0 metres; and
(B)where a main wall of the building has windows facing another main wall on the same lot which does not have windows and a line projected at a right angle from one of these main walls intercepts the other main wall, the required minimum above-ground distance between the main walls is 5.5 metres.
(2)Separation of Building Walls - Development Standard Set 2 and Development Standard Set 3
For a lot in the CR zone, subject to Development Standard Set 2 (SS2) or Development Standard Set 3 (SS3), the portion of a building which has a height equal to or less than the width of the right-of-way of the street it abuts must comply with the following:
(A)where a main wall of the building has windows and a line projected at a right angle from that main wall intercepts another main wall with windows on the same lot, the required minimum above-ground distance between the main walls is 11.0 metres; and
(B)where a main wall of the building has windows facing another main wall on the same lot which does not have windows and a line projected at a right angle from one of these main walls intercepts the other main wall, the required minimum above-ground distance between the main walls is 5.5 metres.

40.10.40.81 Separation Exemptions

(1)Permitted Separation Between Main Walls for Lawfully Existing Buildings
In the CR 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 lawful 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 40.10.40.81(1) must comply with the required minimum separation distance between main walls or be authorized by a Section 45 Planning Act minor variance.

40.10.50 Yards

40.10.50.10 Landscaping

(1)Landscaping Requirement in CR Zone
In the CR zone:
(A)subject to Development Standard Set 1 (SS1), or Development Standard Set 2 (SS2), no landscaping is required unless regulation 40.10.50.10(3) applies; and
(B)subject to Development Standard Set 3 (SS3):
(i)on a lot where any portion of a main wall of a building is set back from the front lot line 3.0 metres or greater, a minimum 3.0 metre wide strip of landscaping must be provided between any lot line that abuts a street and those portions of a main wall; and
(ii)no landscaping is required on a lot where all portions of the main walls of a building are set back from the front lot line 3.0 metres or less.
(2)Fence Requirement if Abutting a Lot in the Residential or Residential Apartment Zone Category
In the CR zone, if a lot 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.
(3)Landscaping Requirement if Abutting a Lot in the Residential or Residential Apartment Zone Category
If a lot in the CR zone abuts a lot in the Residential Zone category or Residential Apartment Zone category, a minimum 1.5 metre wide strip of land used only for 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.

40.10.50.11 Landscaping Exemptions

(1)Landscaping Exemptions
Regulations 40.10.50.10(1) and (3) do not apply to a transportation use along Eglinton Avenue West and Eglinton Avenue East. [103-2016] [ By-law: 1031-2014 ]

40.10.80 Parking

40.10.80.10 Location

(1)Location of Outdoor Surface Parking- SS1 and SS2 Areas
In the CR zone subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2), a surface parking space may not be located in the front yard.

40.10.80.20 Setbacks

(1)Parking Space to be Set Back from a Lot Line
A parking space that is not in a building or structure must be set back at least 0.5 metres from a lot line.
(2)Location of Outdoor Surface Parking- Corner Lots in SS2 Area
On a corner lot in the CR zone subject to Development Standard Set 2 (SS2), a parking space must be set back at least 7.5 metres from a lot in the Residential Zone category, Residential Apartment Zone category or Open Space zone category.

40.10.90 Loading

40.10.90.1 General

(1)Loading Space Options Mixed Use Buildings
In the CR zone, if a mixed use building has a minimum of 30 dwelling units, the requirement for a Type "G" loading space, is satisfied if a Type "A" loading space or a Type "B" loading space required for the non-residential uses in the building is constructed to the larger applicable length, width or vertical clearance dimensions of a Type "G" loading space, referred to in regulation 220.5.1.10(8). [ By-law: 1429-2017 ]
(2)Loading Space Options Mixed Use Buildings
In the CR zone, if a mixed use building has a minimum of 400 dwelling units, a Type "C" loading space required for the dwelling units is satisfied if a Type "A", Type "B" or Type "C" loading space, referred to in regulation 220.5.1.10(8), is provided for the non-residential uses in the same building.

40.10.90.10 Location

(1)Loading Space Location
A loading space may not be located 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.

40.10.90.11 Location Exemptions

(1)Loading Space Location Exemption
If a lawfully existing building has a loading space that does not comply with the loading space location requirements of regulation 40.10.90.10(1), that lawful loading space is exempt from the requirements of regulation 40.10.90.10(1).

40.10.90.40 Access to Loading Space

(1)Access to Loading Space - Restrictions
In a CR zone, for a lot subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2):
(A)if the lot abuts a lane, vehicle access to a loading space must be from the lane; and
(B)if the corner lot, does not abut a lane and has at least one lot line abutting a street which 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. [ By-law: 607-2015 ]
(2)Loading Restrictions if Adjacent to a Lot in a Residential Zone Category or Residential Apartment Zone Category
In the CR 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)Conditional Combined Access to a Loading Space
In a CR zone, a lot subject to Development Standard Set 1(SS1) or Development Standard Set 2(SS2) access to a loading space is permitted across a lot line that abuts a street if:
(A)a loading space cannot be provided on a lot in accordance with the requirements of regulation 40.10.90.40 (1); and
(B)the access to the loading space is combined with the vehicle access permitted in 40.10.100.10(1)(C). [ By-law: PL130592 Nov21_2018 ]

40.10.90.41 Access to Loading Space Exemptions

(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 40.10.90.40(3), that lawful loading space is exempt from the requirements of regulation 40.10.90.40(3).
(2)Access to a Loading Space Exemption
If a lot has a lawfully existing access for loading spaces that does not comply with the location requirements of regulation 40.10.90.10(1), that lawful access is exempt from the requirements of regulation 40.10.90.40(1). [ By-law: 607-2015 Under Appeal ]

40.10.100 Access to Lot

40.10.100.10 Location

(1)Vehicle Access Restrictions
In a CR zone, for a lot subject to Development Standard Set 1 (SS1) or Development Standard Set 2 (SS2):
(A)if the lot abuts a lane, vehicle access to that lot must be from the lane; and
(B)if the corner lot does not abut a lane and has at least one lot line abutting a street which is not a major street on the Policy Areas Overlay Map, vehicle access to that lot must be from a street which is not a major street;
(C)only one vehicle access is permitted; and
(D)regulations (A), (B), and (C) above, do not apply to restrict the following uses:
(i)Ambulance Depot
(ii)City Services, referred to in regulation 5.10.20.1(1);
(iii)Fire Hall;
(iv)Police Station; or
(v) Vehicle Fuel Station. [ By-law: 607-2015 ]
(2)Access to Parking Areas if Adjacent to a Lot in a Residential Zone Category or Residential Apartment Zone Category
In the CR zone, where a lot abuts a lot in the Residential Zone category or Residential Apartment Zone category, 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.

40.10.100.11 Location Exemptions

(1)Vehicle Access Exemption
If a lot has a lawfully existing access for vehicles that does not comply with the location requirements of regulation 40.10.100.10(1), that lawful access is exempt from the requirements of regulation 40.10.100.10(1). [ By-law: 607-2015 ]

40.10.150 Waste

40.10.150.1 General

(1)Waste and Recyclable Materials Storage
In the CR 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.
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