Zoning By-law 95-2003 — Section 4 General Provisions (March 2026 consolidation)

Ajax, Ontario · No. 95-2003 · adopted 2003-06-23 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 867d001c4b4b · verified 2026-09-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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; Town of Ajax Zoning By-Law 95-2003 Page 4-2 Office Consolidation March 6, 2026 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; Town of Ajax Zoning By-Law 95-2003 Page 4-3 Office Consolidation March 6, 2026 - 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) Town of Ajax Zoning By-Law 95-2003 Page 4-4 Office Consolidation March 6, 2026 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: Town of Ajax Zoning By-Law 95-2003 Page 4-5 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-6 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-7 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-8 Office Consolidation March 6, 2026 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. Town of Ajax Zoning By-Law 95-2003 Page 4-9 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-10 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-11 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-12 Office Consolidation March 6, 2026 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) Town of Ajax Zoning By-Law 95-2003 Page 4-13 Office Consolidation March 6, 2026 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: Town of Ajax Zoning By-Law 95-2003 Page 4-14 Office Consolidation March 6, 2026 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 Town of Ajax Zoning By-Law 95-2003 Page 4-15 Office Consolidation March 6, 2026 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). Town of Ajax Zoning By-Law 95-2003 Page 4-16 Office Consolidation March 6, 2026 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.