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Town of Ajax Zoning By-Law 95-2003 Page 4-1
Office Consolidation March 6, 2026
Section 4: General Provisions
4.1 Uses Permitted in All Zones
The uses identified in this subsection are permitted in all zones.
4.1.1 Accessory Buildings, Structures and Uses
(As amended by By-law 23-2025)
Accessory buildings, structures and uses are permitted in all zones
subject to the following provisions:
i)
The principal use, building or structure must already be established
on the same lot;
ii)
Unless otherwise specified in Section 4.2 of this By-law, accessory
buildings or structures shall not be permitted in a front yard or
exterior side yard;
iii)
Unless otherwise specified in this By-law, any accessory building or
structure shall be setback a minimum of 0.6 metres from any lot
line;
iv)
The aggregate ground floor area of all accessory buildings and
structures on a lot shall not exceed any of the following:
a)
A maximum of 60.0 m²;
b)
10% of the lot area; or;
c)
The lot coverage standard for the applicable zone when
combined with any buildings and/or applicable structures on
the lot.
However, in any Downtown Central Area Zone where a detached
private garage is located in the rear yard of a single-use residential
dwelling unit and is accessed from a rear lane, the garage may be
permitted to have a depth of up to 7.7 metres and a ground floor
area of up to 45 square metres, regardless of the aforementioned
10% maximum lot area restriction;
v)
No part of any accessory building or structure be located more than
4.5 metres above the established grade. Notwithstanding the
above, where an accessory building or structure is configured to
accommodate a detached private garage on the ground floor that is
accessed by a driveway to a public street or lane and a detached
accessory dwelling unit on an upper floor, no part of such
accessory building or structure may be located more than 6.1
metres above the established grade;
vi)
No accessory buildings or structures shall be permitted in:
a)
An Environmental Protection (EP) Zone;
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b)
A Private Open Space (POS) Zone;
c)
Lands determined to be hazardous by the applicable
Conservation Authority; or
d)
any Downtown Central Area - Residential Mixed Use
(DCA/MU) Zone, Downtown Central Area - Residential
Multiple One (DCA/RM1) Zone, Downtown Central Area -
Residential Multiple Two Zone (DCA/RM2) Zone, Uptown
Mixed Use (UC) Zone, or GO Station Mixed Use (GS) Zone,
where a non-apartment residential dwelling consists of
double front units which are located either on a through lot or
on a lot abutting a public street on one side and an Open
Space Zone on the opposite side; and
vii)
Portable classroom buildings, Quonset Huts and/or Shipping
Containers are not permitted as accessory buildings or structures in
any zone that permits residential uses. Notwithstanding the above,
Quonset Huts are permitted as accessory buildings or structures in
the Permanent Countryside (PC) Zone.
4.1.2 Public Uses
The provisions of this By-law shall not apply to prevent the use of any
land, building or structure by any public authority, except in an
Environmental Protection (EP) Zone provided that:
i)
Such use, building or structure complies with all applicable
regulations, parking and loading requirements of the zone in which
it is located;
ii)
Such use shall not adversely affect the character or amenity of the
area in which it is located; and,
iii)
No outdoor storage is permitted unless such outdoor storage is
specifically permitted in the zone in which the use is located.
4.1.3 Streets and Installations
(As amended by By-law 136-2008)
Nothing in this By-law shall prevent land from being used, subject to the
applicable municipal studies or an approved development application as a
public street or prevent the installation and use of a:
-
Water main;
-
Sanitary sewer main;
-
Storm sewer main;
-
Gas main;
-
Steam line, subject to an agreement with the Town;
-
Hot/cold water line, subject to an agreement with the Town;
-
Pipeline;
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-
Overhead or underground hydro, telephone or other utility supply
and/or communication lines; or
-
Canada Post centralized delivery facility.
4.1.4 Satellite Dishes
(As amended by By-law 38-2008)
Satellite dishes with a maximum diameter of 1.0 metre each are permitted
in any zone provided they are mounted on an exterior wall, roof or
chimney of the principal building of the lot on which it is located.
Notwithstanding the above, a maximum of one satellite dish shall be
permitted for each residential dwelling unit or individual non-residential
use within any Village Core Mixed Use Zone, and no satellite dish shall be
mounted on an exterior wall facing onto a front and/or exterior side yard.
4.1.5 Temporary Construction Uses
In all zones, save and except the Environmental Protection (EP) or Open
Space (OS) Zones a tool shed, construction trailer, or other building or
structure incidental to construction is permitted on a lot where construction
is taking place provided that the building or structure is located no closer
than 15 metres to any existing dwelling and provided that a valid building
permit is in effect for the noted construction.
4.2 Encroachments into Required Yards
(As amended by By-law 23-2025)
The following ornamental structures to a principal building are permitted to
encroach into any required yard in accordance with the following
provisions:
Figure 1: Permitted ornamental structures and their maximum
encroachment distances into required yards (Part 1)
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Figure 2: Permitted ornamental structures and their maximum
encroachment distances into required yards (Part 2)
The encroachments permitted in the table above do not apply to
accessory buildings.
4.3 Platforms
Notwithstanding the setback requirements of any Residential Zone,
platforms are permitted in any Residential Zone in accordance with the
following provisions:
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Table 1: Setbacks and Coverage Requirements for Platforms by Height Above Finished
Ground Level
N/A
Height Above
Finished Ground
Level
Height Above
Finished Ground
Level
Height Above
Finished Ground
Level
N/A
Finished ground
level to 0.6 m
More than 0.6 and
less than 1.2 m
More than 1.2 m
Maximum
Area
50% of yard in
which it is located
50% of yard in
which it is located
30.0 m2
Minimum
Setback from
Exterior side
lot line
May extend 2.5
metres out from
main building wall,
but no closer to
exterior side lot line
than 3.5 metres
except in the R1-C,
R1-D, R1-E, R1-F,
R2-A, R2-B and R3
Zones in which
requirements of
Section 6.2.4 apply.
May extend 2.5
metres out from
main building wall,
but no closer to
exterior side lot line
than 1.5 metres
except in the R1-C,
R1-D, R1-E, R1-F,
R2-A, R2-B and R3
Zones in which
requirements of
Section 6.2.4
apply.
Must meet setback
requirements for
individual zones
Minimum
Setback from
Interior side
lot line
Must meet setback
requirements for
individual zones
Must meet setback
requirements for
individual zones
Must meet setback
requirements for
individual zones
The setback shall
be zero for
Townhouses
Minimum
Setback from
Rear lot line
1.8 m
1.8 m
4.0 m
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N/A
Height Above
Finished Ground
Level
Height Above
Finished Ground
Level
Height Above
Finished Ground
Level
N/A
Finished ground
level to 0.6 m
More than 0.6 and
less than 1.2 m
More than 1.2 m
Minimum
Setback from
Front lot line
May extend 2.5
metres out from
main building wall,
but no closer to front
lot line than 3.5
metres except in the
R1-C, R1-D, R1-E,
R1-F, R2-A, R2-B
and R3 Zones in
which requirements
of Section 6.2.4
apply
May extend 2.5
metres out from
main building wall,
but no closer to
front lot line than
3.5 metres except
in the R1-C, R1-D,
R1-E, R1-F, R2-A,
R2-B and R3
Zones in which
requirements of
Section 6.2.4
apply.
Must meet setback
requirements for
individual zones
Maximum
Yard
Coverage
In no case shall the
area of the platform
exceed 50% of the
area of the yard in
which it is located.
In no case shall the
area of the platform
exceed 50% of the
area of the yard in
which it is located.
In no case shall the
area of the platform
exceed 50% of the
area of the yard in
which it is located.
4.4 Accessory Dwelling Units
(As amended by By-law 23-2025)
Accessory dwelling units may be permitted on a residential lot, in addition
to the principal dwelling unit, provided they satisfy the requirements
outlined in this section and any other applicable section in this By-law. The
following configurations are permitted:
i)
One attached accessory dwelling unit and no detached accessory
dwelling unit;
ii)
Two attached accessory dwelling units and no detached accessory
dwelling unit;
iii)
Three attached accessory dwelling units and no detached
accessory dwelling unit;
iv)
No attached accessory dwelling units and one detached accessory
dwelling unit;
v)
One attached accessory dwelling unit and one detached accessory
dwelling unit; or
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vi)
Two attached accessory dwelling units and one detached
accessory dwelling unit.
4.4.1 Attached Accessory Dwelling Units
(As amended by By-law 23-2025)
Attached accessory dwelling units, configured in conformity with the
provisions of Section 4.4, shall be permitted on any lot used for residential
purposes provided they:
i)
Are listed as a permitted use in the specified zone;
ii)
Are located within a detached dwelling, semi-detached dwelling,
linked villa dwelling, street townhouse dwelling, block townhouse
dwelling or live-work units dwelling;
iii)
Include a primary entrance that is serviced by an unobstructed path
that is a minimum of 1.2 m in width and connects to a driveway,
public street or road, or lane;
iv)
Comply with parking space requirements included in this By-law;
and
v)
Are not located on lands determined to be hazardous by the
applicable Conservation Authority, including, but not limited to,
lands within the regulatory flood limits or erosion hazard limits.
4.4.2 Detached Accessory Dwelling Units
(As amended by By-law 23-2025)
One detached accessory dwelling unit, configured in conformity with the
provisions of Section 4.4, shall be permitted on any lot used for residential
purposes provided it:
i)
Is listed as a permitted use in the specified zone;
ii)
Is located on a lot where the principal building is a detached
dwelling, semi-detached dwelling, linked villa dwelling, street
townhouse dwelling or block townhouse dwelling;
iii)
Meets the performance standards for an accessory building or
structure as set out in this By-law;
iv)
Is located a minimum of 3.0 m from any other building on the lot;
v)
Has a maximum ground floor area less than the ground floor area
of the principal dwelling located on the same lot;
vi)
Is serviced by an unobstructed path that is a minimum 1.2 m in
width and connects to a driveway, public street or road, or lane;
vii)
Complies with parking space requirements included in this By-law;
and
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viii)
Is not located on lands determined to be hazardous by the
applicable Conservation Authority, including, but not limited to,
lands within the regulatory flood limits or erosion hazard limits.
Notwithstanding the above, where a detached accessory dwelling unit is
located within the Greenbelt Plan Area, the detached accessory dwelling
unit shall comply with the Minimum Distance Separation (MDS) formulae
and guidelines.
4.5 Outdoor Display and Sales Area
Where the outdoor display and sale of goods and materials is permitted as
an accessory use, the following provisions shall be complied with:
i)
The area used for outdoor display and sale shall not be more than
35% of the total lot area;
ii)
The area used for outdoor display and sale is in addition to and
separated from, the areas required for parking; and
iii)
The area used for outdoor display and sale provides side and rear
yards in accordance with the provisions for the zone in which the lot
is situated.
4.6 Area Requirements to Remain
When any part of a lot is required by this By-law to be reserved as open
space, it shall continue to be so reserved regardless of changes in the
ownership of such land and shall not be deemed to form a part of an
adjacent lot for the purpose of computing the area thereof available for
building purposes. Lot area calculations shall only be based on the area of
lands zoned for the intended use.
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4.7 Daylighting Triangle
Daylighting triangles shall be required on corner lots in all zones in
accordance with the following requirements:
4.7.1 Establishing the Daylighting Triangle
(Amended by By-law 86-2005)
The area within a daylighting triangle shall be determined by measuring
from the point of intersection of street lines on a corner lot, the distance
required by this By-law along each such street line and joining such points
with a straight line. Daylighting triangles shall be established in
accordance with the following requirements:
Figure 3: Minimum Distances for Daylighting Triangles by zone and road
Intersection Type
4.7.2 Maximum Height in Daylighting Triangle
Notwithstanding any other provisions of this By-law, the maximum
permitted height of any structure, storage, display, fence or vegetation
within a daylighting triangle shall be 0.75 metre as measured from the top
of the adjacent curb.
4.8 Exceptions to Height Requirements
(Amended by By-law 86-2005, 38-2008)
The height requirements of this By-law shall not apply to spires, belfries,
chimneys, elevator enclosures, or mechanical penthouses occupying in
the aggregate less than ten percent of the area of the roof of the building
on which they are located, for buildings located outside of any Downtown
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Central Area Zone. Nor shall they apply to monuments, flag poles, silos or
other agricultural buildings or structures.
Within any Downtown Central Area Zone or Village Core Mixed Use Zone,
the height restrictions of this By-law shall not apply to chimneys, elevator
enclosures, mechanical penthouses, roof-top access enclosures (such as
access ways to roof-top gardens), or to the architectural elements
including spires, belfries, cupolas, and parapets. Commensurately, in
terms of achieving the minimum height requirements of this By-law for
buildings in any Downtown Central Area Zone, such elements as those
noted above shall not be considered in calculating a building's minimum
height.
4.9 Frontage on a Public Road
No person shall erect any building or structure in any zone unless the lot
upon which the building or structure is to be erected has frontage on a
public road.
4.10 Separation Distances for Group Homes
No group home shall be located any closer than 300 metres to any other
group home.
4.11 Home Based Business
Where a home based business is permitted the following provisions shall
apply:
i)
Not more than one employee, in addition to the residents of the
dwelling unit, is engaged in the business and working in the
dwelling;
ii)
The use is restricted to the dwelling unit and shall not be conducted
in whole or in part in any accessory building;
iii)
Not more than the lesser of 25% of the gross floor area or 45
square metres of floor area of the dwelling unit is used for the
purpose of the home based business;
iv)
There is no outdoor storage or display of material or equipment;
v)
Only the sale of goods assembled, crafted or produced on the lot is
permitted; and,
vi)
The use is clearly secondary to the residential use and does not
change the residential character of the dwelling or the lot.
vii)
(Incorporated by By-Law 86-2005) Notwithstanding any other
provision of this Section, a home based business forming the non-
residential component of a live-work unit shall not be subject to the
floor area provisions of sub-section 4.11 iii) above, provided that
some part of the live-work unit, having a minimum gross floor area
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of 40.0 m2, is retained exclusively for residential use as a dwelling
unit.
4.12 Landscaped Buffers
4.12.1 Landscaped Buffers for Commercial, Mixed Use and Employment Zones
(Incorporated by By-Law 86-2005 and amended by By-law 38-2008)
Landscaped buffers shall be required in the Commercial, Mixed Use and
Employment Zones in accordance with the following:
i)
Notwithstanding any other provision of this By-law, where a Village
Core Mixed Use Two (VC2) Zone, a Village Core Mixed Use Four
(VC4) Zone, a Commercial Zone, or an Employment Zone abuts a
Residential or Open Space Zone, a landscaped buffer of a
minimum width of 3 metres, in the case of a Village Core Mixed
Use Two (VC2) Zone or Village Core Mixed Use Four (VC4) Zone,
or a minimum width of 4.5 metres, in the case of a Commercial or
Employment Zone, shall be required within the Village Core Mixed
Use Two (VC2) Zone, the Village Core Mixed Use Four (VC4)
Zone, the Commercial Zone, or the Employment Zone and located
adjacent to the Residential or Open Space Zone.
ii)
Where a landscaped buffer is required on a lot, such portion of the
lot shall not be used for any other purpose.
iii)
Notwithstanding Sections 4.12 (i) and 4.12 (ii) of this By-law,
landscape buffers shall be required for lands within the
Commercial, Mixed Use, or Employment Zones as follows:
Table 2: Minimum Landscaped Buffer Requirements by Road Type
Location
Minimum
Landscape Buffer
Adjacent to Highway Number 401
15.0 m
Adjacent to Type A and Type B Arterial
Roads and Harwood Avenue in the Uptown
Mixed Use (UC) Zone and Prestige
Employment (PE) Zone
9.0 m
Adjacent to Type C Arterial Roads and
Collector Roads in the Uptown Mixed Use
(UC) Zone and Prestige Employment (PE)
Zone
6.0 m
Adjacent to Local Roads in the Prestige
Employment (PE) Zone and Commercial
Zone
3.0 m
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4.12.2 Landscaped Buffers for Downtown Central Area Zones
(Incorporated by By-law 86-2005)
Within all Downtown Central Area Zones, landscaped buffers shall be
required in accordance with the following:
Figure 4: Minimum Landscape buffer requirements by location (1 of 2)
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Figure 5: Minimum Landscape buffer requirements by location (2 of 2)
4.13 Undersized Lots
In any zone where a lot having lesser width or area than is required by this
By-law is held under distinct and separate ownership from any adjoining
lot on the date of passing of this By-law, a building or any addition to an
existing building may be erected and used on such lot provided that such
building conforms with all other provisions of this By-law.
4.14 Model Homes
Model homes shall only be permitted on lands that have received Draft
Plan Approval for residential purposes provided that:
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i)
Not more than the lesser of 10 dwellings, or 10% of the total
number of residential units contained in the approved Draft Plan are
constructed as model homes;
i)
The model home is built within a lot defined by the draft approved
Plan of Subdivision;
ii)
The model home complies with all other requirements of this
Zoning By-law; and,
iii)
A Model Home Agreement is entered into with the Town of Ajax.
4.15 Non-conforming Uses
This By-law shall not prevent the use of any land, building or structure for
any purpose prohibited by the By-law if such land, building or structure
was lawfully used for such purposes on the day of the passing of this By-
law, so long as it continues to be used for that purpose.
This By-law shall not prevent the erection or use for a purpose prohibited
by the By-law of any building or structure, for which a building permit has
been issued in accordance with the Building Code Act, prior to the day of
the passing of this By-law, so long as the building or structure when
erected is used and continues to be used for the purpose for which it was
erected and provided that the building permit has not been revoked.
4.16 Non-complying Buildings or Structures
Where a building has been erected prior to the day of the passing of this
By-law on a lot having less than the minimum frontage and/or depth
and/or area, or having less than minimum setback and/or side yard and/or
rear yard and/or minimum usable open space required by this By-law, the
said building may be enlarged, repaired or renovated provided that:
i)
The enlargement, repair or renovation does not further reduce a
required yard or open space having less than the minimum required
by this By-law; and,
ii)
All other provisions of this By-law are complied with.
4.17 Deemed to Comply
Where a building permit has been issued in accordance with the Ontario
Building Code and which remains valid, for the construction of a building
or structure that would otherwise not comply with this By-law, such
building or structure shall be deemed to comply with this By-law.
4.18 Reduction of Requirements
No lot shall be reduced in area, either by the conveyance or alienation of
any portion of such lot, so that any building or structure on the lot no
longer meets the requirements of the zone in which the lot is located. No
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person shall be deemed to have contravened any portion of this By-law by
reason of the fact that any part or parts of any lot have been conveyed to
a public authority.
4.19 Special Setbacks
Notwithstanding any other provisions in this By-law, the following special
setbacks shall apply.
4.19.1 Minimum Setback for Access
A minimum setback of 1 metre is required between any wall of a building
or structure containing a door and any lot line.
4.19.2 Railways
Minimum setbacks from the edge of a railway right-of-way shall be
required in accordance with the following:
i)
In any Employment Zone, where a lot line abuts a railway spur line
right-of-way, no interior side yard or rear yard setback shall be
required along the portion of the lot line that abuts the railway right-
of-way.
ii)
In all zones adjacent to the CN or CP rail lines, save and except the
General Employment (GE) Zone and the Heavy Employment (HE)
Zone, all permitted buildings and structures within such zones shall
be setback a minimum of 30 metres from the edge of the railway
right-of-way.
4.19.3 Setback from Lake Ontario
No building or structure shall be erected, improved or enlarged such that
the distance from any wall of a building to the edge of the water of Lake
Ontario, taken at an elevation of seventy-six metres (76.0 m) above mean
sea level, is less than one hundred and twenty metres (120.0 m).
Buildings and structures within the Country Residential (CR) Zone, and
residential uses that are located east of Pickering Beach Road on the
north side of Lakeview Boulevard are exempt from this requirement.
4.19.4 Minimum Distance Separation Setbacks
No residential, institutional, commercial, industrial or recreational use,
located on a separate lot and otherwise permitted by this By-law shall be
erected or enlarged unless it complies with the provincial Minimum
Distance Separation (MDS I) formula.
In addition, notwithstanding any other yard or setback provision in this By-
law, no livestock facility shall be erected or enlarged unless it complies
with the provincial Minimum Distance Separation Formula (MDS II).
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4.19.5 Trans-Northern Pipeline
A minimum ten metre (10.0 m) setback shall be provided for all permanent
structures and excavations from the limits of any TransCanada Pipeline
right-of-way.
4.20 Temporary Sales Structure
A temporary sales structure shall be permitted in any Mixed Use,
Residential, Commercial, Employment, or Agricultural (A) Zone provided
that:
i)
The temporary sales structure is located in accordance with the
zone provisions for the zone in which it is located; and,
ii)
An agreement is entered into with the Town of Ajax.
4.21 Truck, Bus and Coach Bodies
Except as otherwise specifically permitted in this By-law, no truck, trailer,
bus, coach, streetcar body or structure of any kind, other than a dwelling
unit erected and used in accordance with this and all other by-laws of the
Town, shall be used for human habitation, whether or not the same is
mounted on wheels or other form of mounting or foundation.