O. Reg. 365/24: ZONING ORDER - TOWN OF AJAX, REGIONAL MUNICIPALITY OF DURHAM

 

ontario regulation 365/24

made under the

Planning Act

Made: September 20, 2024
Filed: September 20, 2024
Published on e-Laws: September 20, 2024
Published in The Ontario Gazette: October 5, 2024

Zoning Order — Town of Ajax, Regional Municipality of Durham

Definitions

1. In this Order,

“base building” means the lower, above-grade portion of a segmented, multi-floor building with a larger footprint and lesser setback to the street than the upper portions of the building that measures between two and eight storeys in height and that is used to define an appropriate scale for a building in relation to adjacent streets and buildings;

“building tower” means the portion of a segmented tall building that is located above the base;

“long-term bicycle parking space” means a secured and weather-protected bicycle parking space equipped with a rack or stand designed to lock the wheel and frame of a bicycle that is for the exclusive use of parking bicycles and is available exclusively for the long-term use of a group of users, such as residents or employees, but excludes private storage lockers in multi-unit dwellings;

“short-term bicycle parking space” means a bicycle parking space within or outside a building equipped with a rack or stand designed to lock the wheel and frame of a bicycle that is for the exclusive use of parking bicycles and that is available for short-term use by the general public;

“zoning by-law” means Zoning By-law 95-2003 of the Town of Ajax.

Application

2. This Order applies to lands in the Town of Ajax, in the Regional Municipality of Durham, in the Province of Ontario, being the lands outlined in red on a map numbered 357 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.

Permitted uses

3. Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in section 2, except for,

(a) apartment dwellings within a mixed-used building;

(b) the non-residential uses permitted in the Local Commercial Zone described in section 6.3.1 of the zoning by-law, except for,

(i) a drive-thru facility,

(ii) a dry cleaning establishment, and

(iii) a drive-thru restaurant;

(c) commercial schools; and

(d) hotels.

Zoning requirements

4. The zoning requirements for the uses permitted under section 3 are the zoning requirements for the Local Commercial Zone set out in the zoning by-law with the following exceptions:

1. The minimum landscape buffer is 3 metres to all lot lines.

2. The minimum lot frontage is 70 metres.

3. The minimum lot depth is 20 metres.

4. The maximum setback from the front lot line of 6 metres.

5. The maximum setback from the exterior side lot line is 6 metres.

6. The minimum setback from the interior side lot line is 3 metres.

7. The minimum floor-to-finished ceiling height for the ground floor is 4 metres.

8. The minimum building tower stepback from the edge of a base building facing a public street is 2 metres.

9. There is no minimum setback to a below grade parking structure from all lot lines.

10. There is no minimum setback to a day lighting triangle.

11. No parking areas, driveway aisles, except approved driveway aisles that provide access to the property from the public street, or loading spaces are permitted between an adjacent street and any part of the building façade that runs parallel to the public street.

12. A minimum of 50 per cent of the street frontage along Chambers Drive must be occupied by building walls constructed within the minimum and maximum setbacks from the front lot line.

13. A minimum of 40 per cent of the street frontage along Beck Crescent must be occupied by building walls constructed within the minimum and maximum setbacks from the exterior side lot line.

14. The minimum non-residential gross floor area is 5,400 square metres.

15. The maximum building height is 25 storeys.

16. The minimum building height is 11 metres.

17. The minimum landscaped open space is 10 per cent.

18. The minimum lot coverage is 40 per cent.

19. The maximum area of all surface parking spaces, driveways and loading and service areas is 30 per cent.

20. In addition to the permitted encroachments into required yards set out in section 4.2 of the zoning by-law, balconies are permitted to encroach a maximum permitted distance of 1.8 metres into a required yard setback or tower stepback above the building podium.

21. A minimum of one parking space per dwelling unit for the exclusive use of occupants shall be provided.

22. A minimum of 0.25 parking spaces per dwelling unit for the exclusive use of visitors shall be provided.

23. The parking space requirements for the non-residential uses described in clause 3 (b) must comply with the parking space requirements of the zoning by-law.

24. A minimum of 0.8 long-term bicycle parking spaces per dwelling unit shall be provided.

25. A minimum of 0.2 short-term bicycle parking spaces per dwelling unit shall be provided.

26. Interior short-term bicycle parking spaces shall be provided in a publicly accessible section of a building with a clearly marked and unobstructed access from the exterior of the building.

27. Exception 61 of the zoning by-law does not apply.

Terms of use

5. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order.

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force.

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased or its original use is not altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Deemed by-law

6. This Order is deemed for all purposes, except the purposes of section 24 of the Act, to be a by-law passed by the council of the Town of Ajax.

Commencement

7. This Regulation comes into force on the day it is filed.

Made by:

Paul Calandra

Minister of Municipal Affairs and Housing

Date made: September 20, 2024