BY-LAW NUMBER 78-2019

A BY—LAW TO IMPOSE INTERIM CONTROL ON TRANSPORT TERMINALS WITHIN CERTAIN ZONING DISTRICTS AND ZONES OF THE CITY OF WINDSOR

Passed the 3rd day of June, 2019.

WHEREAS Section 38 of the Planning Act, R.S.O. 1990, Chapter p. 13, provides that the Council of a local municipality had by resolution, directed that a study be undertaken in respect of land use planning policies in the municipality or in a defined area thereof, the Council of the municipality may pass a by-law to be in effect for a period of time specified in the by—Iaw, which period shall not exceed one year from the date of the passing thereof, prohibiting the use of lands, buildings, or structures within the municipality or within the defined area or areas thereof, for such purposes as may be set out in the by-law;

AND WHEREAS the Council of the Corporation of the City of Windsor has by resolution directed that a study and review of Zoning By-Laws 85-18 and 8600 be undertaken in respect of land use planning policies related to a Transport Terminal within the areas designated as Manufacturing Districts 1. and Manufacturing Districts 2. in Zoning By-Law 8600 and industrial Zone (M1) in Zoning By-law 85-18 of the City of Windsor;

AND WHEREAS the Council of the Corporation of the City of Windsor deems it expedient and in the public interest to prohibit the use on all lands, buildings, and structures for a Transport Terminal other than those lawfully being carried out on the day of passage of this Interim Control By—Law, in order to allow the municipality to review and, if deemed appropriate, implement the findings of the said study.

THEREFORE the Council of The Corporation of the City of Windsor enacts as follows: 

1. In this By—law,

ACCESSORY USE means a use which is customarily incidental, subordinate and exclusively devoted to the main use and is carried on with such main use on the same lot.

BUILDING means a structure, consisting of a wall, roof and floor, or anyone or more of them, or a structural system serving the function thereof, including all the works, fixtures and service systems appurtenant thereto, but does not include the following: access area, collector aisle, driveway, parking aisle or parking space not in a parking garage; fence; patio; sign as defined by the Windsor Sign By—law.

LOT means a contiguous parcel of land under one ownership, the boundaries of which are on record in the Land Registry Office of the County of Essex (No. 12) in the Registry or Land Titles Division.

MAIN USE means the principal use or uses of a building, lot, premises or structure.

MOTOR VEHICLE means a vehicle propelled, driven or pulled by other than muscular power. it does not include a power-assisted bicycle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8.or a train.