Ontario Regulation 366/24 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; “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; “public parking garage” means a structure for the principal use of parking motor vehicles for the general public, provided with or without consideration on an hourly, daily or monthly basis, but excludes a structure used for the storage or display of motor vehicles that are for sale or hire; “short-term bicycle parking space” means a bicycle parking space within or outside of 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 355 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street. Uptown Mixed-Use Zone 3. (1) This section applies to the lands located in the area shown as Uptown Mixed-Use Zone on the map described in section 2. (2) Every use of land and every erection, location or use of any building or structure is prohibited on the lands described in subsection (1), 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 convention centre. 5. A crisis care facility. 6. The non-residential uses permitted in the Uptown Mixed-Use Zone described in section 6.3.1 of the zoning by-law, with the following exceptions: i. A drive-thru facility. ii. A funeral home. iii. A garden centre. iv. A motel. v. A motor vehicle rental depot. vi. A nightclub. vii. A drive-thru restaurant. viii. A retail warehouse. ix. A taxi depot. 7. The following institutional and public uses: i. A community centre. ii. Passive recreational uses. iii. A public park. iv. A public parking garage. v. A recreational facility. vi. A school. vii. A stormwater management facility. General zoning requirements — Uptown Mixed-Use Zone 4. (1) The zoning requirements set out in this section apply to the lands in the area shown as Uptown Mixed-Use Zone on the map referred to in section 2. (2) The provisions of the Uptown Mixed-Use Zone in sections 6.3.2 and 6.3.4 of the zoning by-law apply to the uses permitted under subsection 3 (2) of this Order, with the following exceptions: 1. The maximum setback from a front lot line is 6 metres. 2. The maximum setback from an exterior side lot line is 6 metres. 3. There is no minimum setback from any lot line to an underground parking structure. 4. There is no minimum setback to a day lighting triangle. 5. The minimum setback from a privately owned publicly accessible space is 3 metres. 6. The minimum height of a building or structure is 11 metres. 7. The maximum height of a building or structure is 25 storeys. 8. The minimum floor-to-finished ceiling height for the ground floor is 4 metres. 9. The minimum separation setback between base buildings when separated by a private road, excluding balconies and porches, is 18 metres. 10. The maximum building tower floorplate for residential uses, excluding balconies, is 800 square metres. 11. The minimum building tower separation is 25 metres. 12. The minimum building tower setback to an interior side lot line or rear lot line that does not abut a park or privately owned publicly accessible space is 12.5 metres. 13. The minimum building tower stepback from the edge of a base building is 2.5 metres. 14. The maximum cumulative lot coverage for all surface parking, driveways and external loading and service areas, excluding private roads, is 30 per cent. 15. The minimum lot coverage for all buildings, including underground parking structures covered by landscaped open space, and above ground parking structures is 40 per cent. (3) A maximum of 2,873 apartment dwelling units is permitted. (4) Despite subsection (3), (a) a maximum of 1,200 apartment dwelling units are permitted until 16,000 square metres of non-residential gross floor area have been constructed; (b) a maximum of 1,700 apartment dwelling units are permitted until between 16,001 and 22,000 square metres of non-residential gross floor area have been constructed; (c) a maximum of 2,200 apartment dwelling units are permitted until between 22,001 and 30,000 square metres of non-residential gross floor area have been constructed; and (d) a maximum of 2,500 apartment dwelling units are permitted until between 30,001 and 40,000 square metres of non-residential gross floor area have been constructed. (5) A minimum gross floor area of 40,000 square metres in all buildings and structures, or part thereof, shall accommodate the non-residential uses permitted under paragraph 6 of subsection 3 (2) and the institutional uses permitted under subparagraphs 7 i and vi of subsection 3 (2). (6) A maximum gross floor area of 11,000 square metres for a hotel shall apply to the minimum gross floor area set out in subsection (5). (7) The minimum gross floor area set out in subsection (5) shall not include the gross floor area associated with a place of worship or public parking garage. (8) The non-residential uses and the institutional and public uses permitted under paragraphs 6 and 7 of subsection 3 (2) shall be located within a building containing one of the uses described in paragraphs 1 to 5 of subsection 3 (2), with the following exceptions: 1. A community centre. 2. A hotel. 3. A school. 4. An office within a building with a minimum height of three storeys, and that may include other permitted non-residential uses on the ground floor. (9) A minimum of 5 per cent of the gross floor area of a building containing residential uses shall be for the non-residential uses permitted under paragraph 6 of subsection 3 (2) until 40,000 square metres of non-residential gross floor area has been constructed on the lands located in the area shown as Uptown Mixed-Use Zone on the map described in section 2. (10) A minimum of 0.85 parking spaces per dwelling unit for the exclusive use of occupants shall be provided. (11) A minimum of 0.25 parking spaces per dwelling unit for the exclusive use of visitors shall be provided. (12) The parking space requirements for non-residential uses permitted under paragraph 6 of subsection 3 (2) shall comply with the requirements of the zoning by-law. (13) A minimum of 0.8 long-term bicycle parking spaces per dwelling unit shall be provided. (14) Long-term bicycle spaces shall be fully sheltered with secure access. (15) A minimum of 0.2 short-term bicycle parking spaces per dwelling unit shall be provided. (16) No parking space or drive aisle, with the exception of a drive aisle providing perpendicular access from a public street to the lot, shall be located within a front yard, exterior side yard or any yard that abuts a public street. (17) A two-way drive aisle or private road shall have a minimum width of 6.7 metres. (18) A minimum of 60 per cent of the street frontage along Salem Road North, Kerrison Drive East and Ringer Road shall be occupied by building walls constructed within the minimum and maximum setbacks from the front lot line or exterior side lot line. (19) The landscape buffer to all lot lines is 3 metres. (20) Despite paragraph 15 of subsection (2) and subsection (18), buildings are permitted to be constructed in phases if a Master Concept Development Plan is submitted that demonstrates, to the satisfaction of the Town of Ajax, (a) compliance with paragraph 15 of subsection (2) and subsection (18) upon final build-out, including compliance with the built frontage, lot coverage and density provisions set out in those provisions; and (b) that each development undertaken shall be in accordance with the Master Concept Development Plan. Privately-Owned Publicly Accessible Space (POPS) Zone 5. (1) This section applies to the lands located in the area shown as Privately-Owned Publicly Accessible Space Zone on the map described in section 2. (2) Every use of land and every erection, location or use of any building or structure is prohibited on the land described in subsection (1), except for the following: 1. The uses permitted in the Open Space Zones under section 6.7.1 of the zoning by-law. 2. A below grade parking structure. (3) A minimum lot area of 7,500 square metres shall be required for the Privately-Owned Publicly Accessible Space Zone. (4) The zoning requirements set out in section 6.7.2 of the zoning by-law for the Open Space Zones apply to the uses permitted under subsection (2) of this section. Terms of use 6. (1) Every use of land and every erection, location or use of any building or structure 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 altered. (4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure. Deemed by-law 7. 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 8. 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