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O. Reg. 475/20: ZONING ORDER - TOWN OF AJAX, REGIONAL MUNICIPALITY OF DURHAM

under Planning Act, R.S.O. 1990, c. P.13

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Versions
current August 28, 2020 (e-Laws currency date)

 

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 475/20

ZONING ORDER - TOWN OF AJAX, REGIONAL MUNICIPALITY OF DURHAM

Consolidation Period:  From August 28, 2020 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

Definitions

1. In this Order,

“accessory”, when used to describe a use, building or structure, 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) an above-ground parking structure used in conjunction with the other uses on the lot,

(b) activity rooms,

(c) administrative offices,

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

(e) a community facility,

(f) community gardens,

(g) dining facilities,

(h) doctors’ offices,

(i) nursing stations,

(j) personal service shops used in conjunction with the other uses on the lot, and

(k) retail shops used in conjunction with the other uses on the lot;

“community facility” means a multi-purpose facility that offers a variety of programs of a medical, therapeutic, recreational, cultural, day care, social, community service, informational or instructional nature, and may include, as a portion of it, a medical clinic if the clinic does not provide for overnight stays;

“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 Zoning By-law 95-2003 of the Town of Ajax.

Application

2. (1) This Order applies to lands in the Town of Ajax, in the Regional Municipality of Durham, in the Province of Ontario, described as Part of Lot 9, Range 3, Broken Front Concession, designated as Part 12 on Reference Plan 40R-836, and further identified by Property Identification Number 26476-0017 (LT) registered in the Land Registry Office for the Land Titles Division of Durham Region (No. 40).

(2) For the purposes of this Order, the lands described in subsection (1) are considered to be a single lot.

Non-application of s. 41 of the Act, site plan control area

3. Section 41 of the Act does not apply to the lands described in subsection 2 (1) of this Order.

Matters that may be dealt with in agreement

4. Each person who owns all or any part of the lands described in subsection 2 (1) shall enter into one or more agreements with the Town of Ajax dealing with the matters listed in subsection 47 (4.4) of the Act.

Permitted uses

5. In addition to the uses permitted by the zoning by-law on the lands described in subsection 2 (1), the following uses are permitted:

1. A 320-bed long-term care home.

2. A retirement home.

3. Accessory uses, buildings and structures.

Zoning requirements

6. The zoning requirements for the lands described in subsection 2 (1) are as follows:

1. The minimum setback from the front lot line is 2.0 metres.

2. The minimum setback from the exterior lot line is 2.0 metres.

3. No minimum front or exterior build-within areas are required.

4. No minimum length of building wall is required to be located within the front or exterior side yard build-within areas.

5. The lot coverage for all buildings, including underground parking covered by landscaped open space and any above-ground parking structure, is a minimum of 25 per cent.

6. The minimum amount of landscaped open space is 10 per cent.

7. The maximum amount of surface parking, driveways, loading and service areas, excluding private roads, is 40 per cent.

8. The minimum amount of development on the lot is a floor space index of 0.9.

9. Parking shall be provided for persons with disabilities in accordance with the requirements under the Accessibility for Ontarians with Disabilities Act, 2005.

10. A principal entrance of each long-term care home and retirement home shall face Harwood Avenue or a public street.

Terms of use

7. (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 altered.

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

Deemed by-law

8. 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.

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