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Bylaw 2018-669
TOWN OF VIKING Amend Bylaw 2012-640
1
TOWN OF VIKING
BY-LAW NO. 2018-669
A BY-LAW OF THE TOWN OF VIKING IN THE PROVINCE OF ALBERTA, FOR
THE PURPOSE OF AMENDING BYLAW 2012-640, AS AMENDED, BEING THE LAND
USE BYLAW.
WHEREAS, it is deemed advisable to amend the Land Use Bylaw;
NOW THEREFORE, the Council of the Town of Viking, duly assembled, pursuant to
the authority conferred upon it by the Municipal Government Act, R.S.A. C.M-26,
and amendments thereto, enacts as follows:
a) PART ONE - GENERAL
Section 1.3 Interpretations:
Insert the following new interpretations after (36) business support services
establishment
(37) "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 (Canada) and its regulations as amended from
time to time and include edible products that contain cannabis.
(38) "cannabis accessory" - means cannabis accessory as defined in the
Cannabis Act (Canada) and its regulations, as amended from time to time.
(39) "cannabis lounge/café" - means development where the primary
purpose of the facility is the sale of cannabis to the public, for the
consumption within the premises that is authorized by provincial or federal
legislation. This use does not include cannabis production and distribution
bars and neighborhood pubs, nightclubs, private clubs, etc.
Bylaw 2018-669
TOWN OF VIKING Amend Bylaw 2012-640
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(40) "cannabis production and distribution" - means development used
principally for one or more of the following activities as it relates to
cannabis.
a.
The production, cultivation, and growth of cannabis;
b.
The processing of raw materials;
c.
The making, testing, manufacturing, assembling or in any way
altering the chemical or physical properties of semi-finished or
finished goods or products.
d.
The storage or transshipping of materials, goods and products; or
e.
The distribution and materials, goods and products to cannabis retail
stores or individual customers.
(41) "cannabis retail sales" - means a development used as a retail store,
licensed by the Province of Alberta, where non-medical cannabis and
cannabis accessories are sold to individuals who attend at the
premises. This does not include cannabis production and distribution.
Amend the following interpretations:
(67) "eating and drinking establishments" interpretation
Insert "This definition does not include cannabis retail sales of cannabis
lounge/café" after the last sentence.
(75) "entertainment establishment" interpretation
Insert "This definition does not include cannabis retail sales of cannabis
lounge/café" after the last sentence.
(98) "general retail establishment"
Insert "This definition does not include alcohol retail sales or cannabis
retail sales." after the last sentence.
Bylaw 2018-669
TOWN OF VIKING Amend Bylaw 2012-640
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(101) "greenhouse" interpretation
Insert "This definition does not include cannabis retail sales or cannabis
production and distribution" after the last sentence.
(113) "health service" interpretation
Insert "This definition does not include cannabis retail sales" after the last
sentence.
(116) "home occupation major" interpretation
Insert "A home occupation major shall not include cannabis retail sales or
cannabis production and distribution" after the last sentence.
(117) "home occupation, minor" interpretation
Insert "A home occupation major shall not include cannabis retail sales or
cannabis production and distribution" after the last sentence.
(121) "industry use - heavy" interpretation
Insert "This definition does not include cannabis production and
distribution" after the last sentence.
(122) "industry use - light" interpretation
Insert "This definition does not include cannabis production and
distribution" after the last sentence.
(123) "industrial use - medium" interpretation
Insert "This definition does not include cannabis production and
distribution" after the last sentence.
Bylaw 2018-669
TOWN OF VIKING Amend Bylaw 2012-640
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(182) "personal service shop" interpretation
Insert after "but not health service and cannabis retail sales".
b) PART 7 - GENERAL PROVISIONS
Insert the following after 7.2 Building Exteriors
7.3 CANNABIS RETAIL SALES
(1)
Cannabis retail sales shall not be located with 200 metres of a
provincial health care facility; a school or a parcel of land designated as
school reserves or as amended from time to time by the Province of
Alberta.
(2)
Cannabis retail sales shall not be permitted to co-locate with retail
outlets dealing with pharmaceuticals, tobacco or alcohol, or as amended
by the Province of Alberta.
(3)
Cannabis retail sales located adjacent to any site being used for
public outdoor or indoor recreation shall be required to install uniform
fencing around the perimeter of the site, with no pedestrian or vehicular
access permitted between sites.
(4)
Cannabis retail sales shall not be located within 200 metres of any
site being used for public assembly or any site being used for a daycare
or after school care.
(5)
Cannabis retail sales shall not be located within 200 metres of any
other cannabis retail sales outlet.
(6)
The hours of operation shall not extend beyond 10:00 am - 2:00 am,
or as amended from time to time by the Province of Alberta.
Bylaw 2018-669
TOWN OF VIKING Amend Bylaw 2012-640
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(7)
A development authority must not issue a development permit if the
proposed development does not comply with the applicable
requirements of regulations under the Gaming, Liquor and Cannabis Act,
respecting the location of premises described in a cannabis license and
distances between those premises and other premises.
(8)
The separation distance Cannabis retail sales and any other uses
identified in (1), (4) and (5) above shall be measured from the exterior
wall of the building in which the proposed Cannabis retail sales use is
located to the closest point of the exterior wall of the building in which
the other use is located. The separation distance shall not be measured
from the district boundaries.
Renumber from 7.4 Corner lots and double fronting lots to the end of Part
7.
c) PART 9 - LAND USE DISTRICTS
(1)
Section 9.6 Central Commercial District - C1
Insert under "Permitted and Discretionary Uses"
(a) Permitted uses
(ii) Cannabis Retail Sales
Renumber from (a) (ii) to end of permitted uses
(b) Discretionary Uses
(v) Cannabis Retail Sales
Renumber from (b)(v) to end of discretionary uses.
Bylaw 2018-669
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This bylaw shall be in effect from the date of final passing thereof.
Read a FIRST time this 15th day of October, 2018.
Public Hearing Held this 19th day of November 2018
Read a SECOND time this 19h day of November, 2018.
Read a THIRD time and passed this 19th day of November, 2018.
__________________________
_________________________
MAYOR
CAO