Background:

Section 38(1) of the Planning Act permits a municipality to pass an interim control bylaw (ICBL) that prohibits the use of land, buildings or structures for such purposes as set out in the by-law. This in effect "freezes" development (that is described by the bylaw) on the lands for a period not to exceed one year. An ICBL is an important planning tool that allows the municipality to rethink its current land use policies by suspending development that may end up conflicting with any new policy that may be developed. However, in order to enact an ICBL, Council must direct that a review or study be undertaken with respect to the existing land use policies in question.

Windsor's Official Plan provides for the use of an ICBL, specifically it states that:

Council may pass Interim Control By-laws in accordance with the Planning Act to control and restrict the use of land, buildings or structures within the municipality or defined area, where council has directed that a review or study be undertaken in respect of land use planning policies in the municipality or defined area.

There is no statutory requirement to provide any notice or hearing prior to the passing of an ICBL, thus enabling the municipality to act quickly to freeze development. However, subsequent to passing the ICBL, Section 38(3) requires that the City give notice of passing of the ICBL in the manner and to the persons and public bodies and containing the information prescribed, within 30 days of the passing. Section 9 of the Ontario Regulation 545/06 describes how notice of passing of an ICBL shall be given.

Under Section 38(4), only the Minister of Municipal Affairs and Housing has the authority to appeal the passing of an ICBL passed under Section 38(1).

Section 38(2) allows the council of a municipality to pass a by-law to amend the ICBL to extend the period of time during which it will be effect, provided the total period of time does not exceed two years from the date of the passing of the ICBL. Any person or public body given notice of any extension to the ICBL, within 60 days of the passing of the extension, may appeal the passing of the extension to the Local Planning Appeal Tribunal.

Section 38(7) prohibits an ICBL from being passed for the same land for a period of three years from the date the former ICBL ceased to be in effect.

Discussion:

Zoning By-law 8600 has two zoning classifications regarding industrial and business park type uses - Manufacturing District 1 (MD1) and Manufacturing District 2 (MD2). Each zoning classification is divided into zoning districts that permit and prohibit certain uses and regulate matters such as building setbacks, building height and landscaped open space yard.

As part of an ongoing process to update and modernize Zoning By-law 8600, during 2017 and 2018, Planning staff reviewed the MD1 and MD2 zoning districts. That review identified a gap in Zoning By-laws 8600 and 85-18 regarding Transport Terminal both in terms of a definition and in terms of applicable provisions.