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BYLAW 277-18
SUMMER VILLAGE OF ROSS HAVEN
By-law 277-18
A BYLAW OF THE SUMMER VILLAGE OF ROSS HAVEN IN THE PROVINCE OF
ALBERTA, FOR THE PURPOSE OF AMENDING LAND USE BYLAW 232-10.
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, (the Act)
provides that a municipality may amend its Land Use Bylaw; and
WHEREAS the Council for the Summer Village of Ross Haven wishes to amend its Land
Use Bylaw as it affects the use of Cannabis within the Summer Village;
NOW THEREFORE, the Council of the Summer Village of Ross Haven, duly assembled,
and pursuant to the authority conferred upon it by the Municipal Government Act,
R.S.A. 2000, c. M-26, as amended, enacts as follows:
1. Bylaw 232-10, the Land Use Bylaw of the Summer Village of Ross Haven, as
amended, is further amended as follows:
a) PART 1 - GENERAL is amended as follows:
i.
Section 10 DEFINITIONS is revised by adding the following
definitions:
"AGRICULTURAL AND NATURAL RESOURCE DEVELOPMENT USES"
A. Rural Farms - means development for the primary production of farm
products such as: dairy products; poultry products; cattle, hogs, sheep
and other animals; wheat or other grains; and vegetables or other field
crops in rural and peri-urban areas. This does not include Cannabis
Production and Distribution, unless operating pursuant to a registration
certificate issued by the Federal Government for personal production or
designated personal production for medical cannabis.
B. Urban Indoor Farms - means the cultivation and harvesting of plant
and/or animal products primarily within enclosed buildings for the
primary purpose of wholesale or retail sales. Accessory activities may
include on-site sales, composting of plants grown on-site, outdoor
storage, and food packaging and processing. Typical activities include
vertical farms, hydroponic systems and aquaponics systems. This use
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BYLAW 277-18
does not include Livestock Operations, Rural Farms, Recreational
Acreage Farms, Urban Outdoor Agriculture, Urban Gardens, or Cannabis
Production and Distribution, unless operating pursuant to a registration
certificate issued by the Federal Government for personal production or
designated personal production for medical cannabis.
C. Urban Outdoor Farms - means the cultivation and harvesting of plant
and/or animal products in urban areas, primarily as an interim use on
idle or under-used land for the primary purpose of wholesale or retail
sales. Cultivation and harvesting may occur within unenclosed
structures primarily lit by natural light and used for the extension of the
growing season, such as cold frames and greenhouses. Accessory
structures may include those used for the operation of the site.
Accessory activities may include on-site sales, composting of plants
grown on-site, or outdoor storage. This use does not include Livestock
Operations, Rural Farms, Urban Gardens, or Cannabis Production and
Distribution, unless operating pursuant to a registration certificate
issued by the Federal Government for personal production or designated
personal production for medical cannabis.
D. Urban Gardens - means the cultivation and harvesting of plant and/or
animal products in urban areas for the primary purpose of beautification,
education, recreation, or social or community programming. Accessory
buildings or structures may include those used for the operation of the
site and the extension of the growing season, such as cold frames and
greenhouses. On-site sales and processing of plants or animal products
are prohibited. Accessory activities may include outdoor storage or
composting of plants grown on-site. Typical activities include
community gardens. This use does not include Livestock Operations,
Rural Farms, Recreational Acreage Farms, Urban Indoor Farms, Urban
Outdoor Farms, or Cannabis Production and Distribution, unless
operating pursuant to a registration certificate issued by the Federal
Government for personal production or designated personal production
for medical cannabis.
"CANNABIS" - means cannabis plant, fresh cannabis, dried cannabis,
cannabis oil and cannabis plant seeds and any other substance defined as
cannabis in the Cannabis Act and its regulations, as amended from time to
time and includes edible products that contain cannabis.
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BYLAW 277-18
"CANNABIS CONSUMPTION FACILITY" - means a development, or any
part thereof, licensed to sell cannabis to the public for consumption within
the premises.
"CANNABIS RETAIL SALES" - means a retail store licensed by the
Province of Alberta where Cannabis and Cannabis Accessories are sold to
individuals who attend the premises.
"CANNABIS PRODUCTION AND DISTRIBUTION" - means a
development in a stand-alone building used principally for one or more of
the following activities as it relates to Cannabis:
the production, cultivation, and growing of Cannabis;
the processing of raw materials;
the making, testing, manufacturing, assembling, destruction or in
any way altering the chemical or physical properties of semi-finished
or finished goods or products;
the storage or trans-shipping of materials, goods, and products; or
the distribution and sale of materials, goods, and products to
Cannabis Retail stores.
Medical Cannabis Production and Distribution Facilities shall not include
storefront retail sales.
"EDUCATION SERVICE" - means the assembly for education, training,
or instruction.
"GREENHOUSE" - means the growing, storage and basic processing of
fruits, vegetables, household and ornamental plants, and may include the
sales or their products or by-products. This use does not include cannabis
grown for medical or recreational purposes.
"OUTDOOR EATING ESTABLISHMENT" - means a commercial
development where food and beverages are prepared and served for
consumption on-site by the public either outside or inside the confines of
the establishment. This use does not include a Cannabis Consumption
Facility.
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BYLAW 277-18
"RETAIL ESTABLISHMENT" - means a development used for the retail
sale of a wide variety of consumer goods including the following and such
similar uses as, groceries and beverages, electronic goods, furniture and
appliances, hardware and home improvement supplies, household goods,
printed matter, confectionary, pharmaceutical and personal care items,
office supplies, stationary, etc. This use does not include Cannabis Retail
Sales.
"RETAIL STORE, DRUG PARAPHERNALIA" - means a development
used for the retail sale of any product, equipment, thing or material of any
kind primarily used or intended to be primarily used to produce, process,
package, store, inject, ingest, inhale or otherwise introduce into the human
body a controlled substance as defined in the Controlled Drugs and
Substances Act, R.S.C. This Land Use does not include: a licensed
pharmacy under Section 5 of the Pharmacy and Drug Act, R.S.A. 2000, c P-
13; a medical practice, operated by a physician, dentist or pharmacist as
defined in the Health Professions Act, R.S.A., c. H-7; or a veterinary
practice, as defined in the Veterinary Profession Act, R.S.A. 2000, c. V-2.
b) PART 3 - DEVELOPMENT CONTROL is amended as follows:
i.
Section 18 DECISION ON DEVELOPMENT PERMIT
APPLICATIONS is revised by adding the following:
1(d)
The Development Authority shall determine the process for
submitting, receiving, determining the completeness, and reviewing
development permit applications for Cannabis Retail Sales and Cannabis
Production and Distribution Facility.
c) PART 7 - GENERAL REGULATIONS is amended as follows:
i.
Section 45 HOME OCCUPATIONS is revised by adding the following:
(7)
This use does not include either a Cannabis Retail Store or a
Cannabis Production and Distribution Facility.
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BYLAW 277-18
d) PART 7 - GENERAL REGULATIONS is amended by adding the follow
sections and regulations:
i.
60A CANNABIS RETAIL SALES
(1)
Any site containing a Cannabis Retail Sales shall not be located
within the following Land Use Districts under the Summer Village of
Ross Haven Land Use Bylaw 232a-10, as amended:
i. R - Residential District
ii. P - Park and Recreation District
iii. SP - Semi-Public District
(2)
Any site containing a Cannabis Retail Sales shall not be located less
than 100 metres (328 feet) from any site being used as a public or
private education services or a provincial health care facility at the
time of the application for the Development Permit for the Cannabis
Retail Sales. For the purposes of this subsection only:
a. the 100 metres (328 feet) separation distance shall be
measured from the closest point of the subject site boundary to
the closest point of another site boundary, and shall not be
measured from the district boundaries or from the edges of the
structures;
b. the term "public or private education services" is limited to early
childhood education, elementary through high schools
inclusively only, and does not include dance schools, driving
schools or other commercial schools.
(3)
Notwithstanding Section 18(2) Variance Provisions of this Bylaw, a
Development Authority shall not grant a variance to subsections
60A(1)a or 60A(1)b.
(4)
The Development Authority may require lighting, signage,
landscaping or screening measures that ensure the proposed
development is compatible with adjacent or nearby residential,
commercial, industrial or community services uses.
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BYLAW 277-18
(5)
Prior to the issuance of a development permit, the Development
Authority may conduct a site assessment, taking into account land
use impacts including, but not limited to, exterior illumination,
landscaping, screens, signs and access.
(6)
The Development Authority shall impose a condition on any
development issued for Cannabis Retail Sales requiring that the
development:
a. shall not commence until authorized by and compliant with all
federal and provincial legislation; and
b. must commence within six (6) months of the date of approval
of the development permit.
(7)
For the purposes of Section 60A(5)b, development commences
when the Cannabis Retail Sales Use is established and/or begins
operation.
ii.
60B CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
(1)
Any site containing a Cannabis Production and Distribution Facility
shall not be located within the following Land Use Districts under
the Summer Village of Ross Haven Land Use Bylaw 232a-10, as
amended:
iv. R - Residential District
v. P - Park and Recreation District
vi. SP - Semi-Public District
(2)
For the purposes of this subsection only, the owner or applicant
shall provide as a condition of development permit a copy of the
current license and all subsequent license renewals for all activities
associated with medical cannabis production issued by Health
Canada.
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BYLAW 277-18
(3)
The owner or applicant shall obtain any other approval, permit,
authorization, consent or license that may be required to ensure
compliance with applicable federal, provincial or municipal
legislation.
(4)
All processes and functions of the development shall be fully
enclosed within a stand-alone building, including but not limited to
all loading spaces and docks, garbage containers, storage and
waste material.
(5)
The development shall be a singular use and shall not be operated
in conjunction with any other uses.
(6)
The development shall include equipment designed and intended to
remove odours from the air where it is discharged from the building
as part of a ventilation system.
(7)
The development shall be located a minimum of 100 metres (328
feet) away from any residential district.
(8)
The Development Authority may require, as a condition of
development permit approval, a waste management plan,
completed by a qualified professional that details:
a. the incineration of waste products and airborne emissions,
including odours;
b. the quantity and characteristics of liquid waste material
discharged by the facility; and
c. the method and location of collection and disposal of liquid and
waste material.
(9)
The minimum number of parking stalls shall be based on the
requirements as per Sections 53, 54; and as deemed appropriate
by the Development Officer.
(10)
Fencing on the site shall be required, subject to the provisions of
Section 55 Fences and Screening.
(11)
Notwithstanding the provisions of Section 60 Signs, no sign shall
be displayed on the site that identifies the use.