Interim Control By-law 78-2019
Section 38(1) of the Planning Act permits a municipality to pass an interim control by-law (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 by -law) 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. 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 :
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. After 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. All the required notices, including the notice of passing, were provide in accordance with the legislation.
Due to recent changes in the Federal and Provincial regulatory framework and gaps in the current land use framework (Official Plan and Zoning By-laws), administration recommended an Interim Control by-law that prohibits the creation of a new Transport Terminal in any MD1 or MD2 zoning districts and M1 zones in the City of Windsor.
This will allow Administration to study the extent of the problem, propose possible solutions and provide revised policies and provisions that aim to balance the needs of Transport Terminal and shipping business owners, truck operators, and surrounding businesses and residents.
On June 3, 2019, Council approved Interim Control By-law 78-2019 (attached as Appendix B) and directed staff to undertake the requisite study of the issues surrounding Transport Terminals. CR291/2019 (attached as Appendix A) states:
That Council authorize the City Planner to undertake a study and review of Zoning Bylaws 85-18 and 8600 with respect to land use policies related to a Transport Terminal with the City of Windsor
CR291/2019 also authorized Council to review on a case-by-case basis any exemptions or revisions to ICBL 78-2019. As of October 8, 2020, ten exemption requests were received and processed. All requests were in the area subject to Zoning By-law 8600. Council approved three requests, did not approve (deny or defer) five requests, and two are pending a decision.
The three requests that were approved were in MD2 zoning districts where a Transport Terminal is permitted as a main use and approval was not seen as being detrimental to this study. The remaining requests that were not approved were in MD1 zoning districts, where Transport Terminals are prohibited as a main use in some zoning districts and were typically located near sensitive land uses such as residential neighbourhoods.
On April 27, 2020, Council approved By-law 55-2020 which extended the Interim Control By-law 78-2019 by one additional year, which will now expire on June 2, 2021.