City of Windsor – Transport Terminal Land Use Study – 2020 November 16

Permitted Use and Prohibited Use

Some zones prohibit a Transport Terminal as a main use but permit it as an accessory use. This was in response to those industrial uses that operate their own fleet of trucks and trailers. Assembly plants are an example of an operation that may have their own fleet of trucks and trailers. Per the accessory use definition, those transport operations are “customarily incidental, subordinate and exclusively devoted to the main use”.

Some property owners made the novel proposal of opening a ‘Business Office’, usually a trailer-type office, as the main use, and then storing trucks and trailers – by definition a Transport Terminal - on the majority of site under the premise that the Transport Terminal is accessory to the Business Office. It is our position that the Transport Terminal is the primary use of the parcel and therefore is not incidental to the main use, is the most important activity on the lot and therefore is not subordinate to the main use, and that it operates separate of the Business Office and therefore is not exclusively devoted to the main use.

Notwithstanding that Transport Terminal is permitted as a main use in MD1.3 and MD1.8 zones, it is clear from Table 3.2, that the intent of B/L 8600 is to generally not permit a Transport Terminal in the MD1 zones. The inconsistency is best addressed by deleting all references to Transport Terminal from those zones where Transport Terminal is prohibited as a main use or permitted as an accessory use. A Transport Terminal will be permitted as a main use in MD1.3, MD1.8, or any MD2 or M1 zone.

The elimination of Transport Terminal will make a lawfully existing Transport Terminal into a Legal Non-Conforming Use (LNCU). LNCU is a unique Planning Act status that allows a property owner to continue the LNCU on the site. Any buildings on the site are fixed in terms of location. Any expansion to those buildings requires permission from the Committee of Adjustment that adds time to the development process. The Planning Act allows a property owner to obtain permission from the Committee of Adjustment to change from an existing LNCU to another LNCU, which could introduce uses not anticipated by the municipality. Adding Existing Transport Terminal as a permitted use removes the ability to change the use via the Committee of Adjustment but allows for the expansion of buildings or new building subject to the provisions of the Zoning By-law and Site Plan Approval.

The current zoning classifications (MD1 and MD2) are inconsistent in terms of intensity and range of uses permitted, and the classification is not necessarily indicative of the nature of the zone. For example, MD1.4 and MD1.5 are indicative of a Business Park type of land use, which allows for a range of light-industrial uses, office-type uses, and a limited range of compatible commercial uses. There are overlaps and gaps in terms of permitted uses between the MD1 and MD2 zones. The range of uses permitted and prohibited should be reviewed and similar zoning districts should be merged. This would allow for a more consistent operation and interpretation of the Zoning By-laws. Site or area specific provisions could be used to regulate industrial lands that are adjacent to sensitive land uses or where other land use concerns require further direction.

Further, the designation of MD1 and MD2 zones across the city is not consistent. Any review should consider upzoning (adding more uses and/or having fewer regulations) or downzoning (less uses and/or more regulations) existing industrial areas, especially where sensitive land uses are present.

The appropriate tool for the review and consideration of the MD zoning classifications is the Comprehensive Zoning By-law Review (CZBR). Housekeeping amendments to the Zoning By-laws are an option if there is an immediate need to review and consider in a specific area.