O. Reg. 438/20: ZONING ORDER - TOWN OF AJAX, REGIONAL MUNICIPALITY OF DURHAM

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 438/20

ZONING ORDER - TOWN OF AJAX, REGIONAL MUNICIPALITY OF DURHAM

Historical version for the period July 31, 2020 to April 28, 2022.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“accessory” means a use, building or structure that is normally incidental or subordinate to a principal use, building or structure located on the same lot, including but not limited to,

(a)  activity rooms,

(b)  administrative offices,

(c)  coffee shops and restaurants used in conjunction with the other uses on the lot,

(d)  dining facilities,

(e)  doctors’ offices,

(f)  nursing stations,

(g)  personal service shops,

(h)  recreation facilities, and

(i)  retail shops;

“long-term care home” has the same meaning as in the Long-Term Care Homes Act, 2007;

“retirement home” has the same meaning as in the Retirement Homes Act, 2010;

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

Application

2. This Order applies to lands in the Town of Ajax, in the Regional Municipality of Durham, being the lands outlined in red on a map numbered 240 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,

(a)  a 192-bed capacity long-term care home and accessory uses; and

(b)  a 320-unit retirement home and accessory uses.

Zoning requirements

4. The zoning requirements for the lands set out in section 2 are as follows:

1.  The long-term care home and retirement home referred to in section 3 shall meet the zone standards set out in subsection 6.5.2, I-A Institutional – A, of the zoning by-law.

2.  Despite paragraph 1, a minimum 30-metre building setback is required from a railway right-of-way.

3.  The minimum required parking spaces at the long-term care home is one parking space per three beds in the long-term care home.

4.  The minimum required parking spaces at the retirement home is 0.5 parking spaces per unit for residents plus 0.25 parking spaces per unit reserved for visitors.

5.  In addition to the minimum required parking spaces set out in paragraphs 3 and 4, parking shall be provided for persons with disabilities in accordance with the Accessibility for Ontarians with Disabilities Act, 2005.

6.  A minimum of two loading spaces shall be provided.

7.  The minimum building height is two storeys.

8.  The maximum building height is 12 storeys.

9.  The minimum landscaped open space is 25 per cent.

Terms of use

5. (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 was 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 and 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 and to always have been a by-law passed by the council of the Town of Ajax.

7. Omitted (provides for coming into force of provisions of this Regulation).