O. Reg. 368/24: ZONING ORDER - TOWN OF AJAX, REGIONAL MUNICIPALITY OF DURHAM

 

ontario regulation 368/24

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,

“apartment dwelling” means a building consisting of four or more dwelling units which units have a common entrance from the street level and common halls and/or stairs, elevators and yards. This shall not prevent individual units at ground level within a building from having an independent entrance from the street level;

“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 building;

“indoor amenity space” means common areas that are provided for recreational or social purposes for the exclusive use of the occupants of a building;

“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;

“rear lot line” means the south property line;

“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 356 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 the following:

1. An apartment dwelling.

2. A long-term care home, as defined in the Fixing Long-Term Care Act, 2021.

3. A retirement home, as defined in the Retirement Homes Act, 2010.

4. A live-work unit dwelling.

5. The non-residential uses permitted in the Local Commercial Zone described in section 6.3.1 of the zoning by-law, with the following exceptions:

i. A drive-thru facility.

ii. A restaurant drive-thru.

iii. A dry cleaning establishment.

6. A hotel.

7. A commercial school.

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. Subject to paragraph 3, a maximum of 800 apartment dwelling units is permitted.

2. The uses permitted under paragraphs 5, 6 and 7 of section 3 shall cover no less than 9,300 square metres in gross floor area for all buildings and structures.

3. Despite paragraphs 1 and 2,

i. a maximum of 200 apartment dwelling units are permitted until 1,000 square metres of non-residential gross floor area have been constructed,

ii. a maximum of 400 apartment dwelling units are permitted until between 1,001 and 4,650 square metres of non-residential gross floor area have been constructed, and

iii. a maximum of 700 apartment dwelling units are permitted until between 4,651 and 9,300 square metres of non-residential gross floor area have been constructed.

4. The maximum setback from the front lot line, which abuts Penn-Gaskell Drive, is 9 metres.

5. The maximum setback from the exterior side lot line abutting Spitty Road is 6 metres and the maximum setback from the exterior side lot line abutting Salem Road North is 9 metres.

6. There is no minimum setback for a below grade parking garage to all lot lines.

7. The minimum setback from the rear lot line is 12.5 metres.

8. The minimum height of a building or structure is 11 metres.

9. The maximum height of a building or structure is 25 storeys.

10. Elevator enclosures and mechanical penthouses may exceed the maximum height set out in paragraph 9 if the aggregate floor area does not exceed 40 per cent of the area of the roof of the building in which they are located.

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

12. The maximum building tower floorplate for residential uses is 800 square metres, excluding balconies.

13. The minimum building tower separation distance from building tower face to building tower face is 25 metres, excluding balconies.

14. The minimum building tower setback from a rear lot line is 12.5 metres.

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

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

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

18. The parking space requirements for the non-residential uses that are permitted under paragraph 5 of section 3 shall comply with the requirements of the zoning by-law.

19. No parking spaces or drive aisles shall be located within a front yard, exterior side yard or any yard that abuts a public street.

20. No loading area or loading door shall face a public street.

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

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

23. A minimum of 60 per cent of the street frontage along Salem Road North shall be occupied by building walls constructed within the minimum and maximum setbacks from the exterior lot line.

24. The minimum landscape buffer between a base building and a public street is 3 metres and 9 metres between a surface parking area or drive aisle and a public street.

25. A minimum of 10 per cent landscaped open space shall be provided.

26. A minimum of 2 square metres of indoor amenity space and a minimum of 2 square metres of outdoor amenity space per dwelling unit shall be provided.

27. In addition to the permitted encroachments into required yards under 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 base building, but no balcony shall be permitted to encroach into a required daylight triangle.

28. Exception 163 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