By-Law to Amend 18 Zoning By-laws for Cannabis Production and Processing 2021-057
Kawartha Lakes, Ontario
· adopted 2021-05-18
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The Corporation of the City of Kawartha Lakes
By-Law 2021-057
A By-Law To Amend The Following 18 Zoning By-Laws Within The City Of Kawartha Lakes
Township of Bexley Zoning By-Law No. 93-09
Village of Bobcaygeon Zoning By-Law No. 16-78
Township of Carden Zoning By-Law No. 79-2
Township of Dalton Zoning By-Law No. 10-77
Township of Eldon Zoning By-Law No. 94-14
Township of Emily Zoning By-Law No. 1996-30
Township of Fenelon Zoning By-Law No. 12-95
Village of Fenelon Falls Zoning By-Law No. 89-25
United Townships of Laxton, Digby, Longford Zoning By-Law No. 32-83
Town of Lindsay Zoning By-Law No. 2000-75
Township of Manvers Zoning By-Law No. 87-06
Township of Mariposa Zoning By-Law No. 94-07
Village of Omemee Zoning By-law No. 1993-15
Township of Ops Zoning By-Law No. 93-30
Township of Somerville Zoning By-Law No. 78-45
Village of Sturgeon Point By-Law No. 339
Township of Verulam Zoning By-Law No. 6-87Village of Woodville Zoning By-Law No. 93-9
[File D06-2020-027, Report PLAN2021-019, respecting lands within The City of Kawartha Lakes]
Recitals:
Section 34 of the Planning Act, R.S.O. 1990, c.P.13 authorizes Council to determine the appropriate zoning categories and provisions assigned to land.
This By-Law is in response to recommendation PAC2020-051 passed at the November 4, 2020 Planning Advisory Committee Meeting, as adopted by Council at the November 17, 2020 Regular Council Meeting by resolution CR2020-368, regarding the regulation of Cannabis Production and Processing in the City of Kawartha Lakes.
A public meeting to solicit public input has been held.
Council deems it appropriate to rezone the Property.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts this By-Law 2021-057.
Section 1:00 Zoning Details - Definitions
1.01Property Affected: The Property affected by this Section is described as lands within: the former Town of Lindsay; the former Townships of Bexley, Carden, Dalton, Eldon, Emily, Fenelon, Laxton, Digby, Longford, Manvers, Mariposa, Ops, Somerville and Verulam; and, the former Villages of Bobcaygeon, Fenelon Falls, Omemee, Sturgeon Point and Woodville.
1.02Textual Amendment: The following By-Law Nos. and corresponding Sections as described in the table below are further amended by adding the Definitions in alphabetical order, as described in 1.03, in the table below:
Zoning By-law
Definitions Section/Part
Township of Bexley Zoning By-law No. 93-09
2
Village of Bobcaygeon Zoning By-law No. 16-78
2
Township of Carden Zoning By-law No. 79-2
15
Township of Dalton Zoning By-law No. 10-77
15
Township of Eldon Zoning By-law No. 94-14
2
Township of Emily Zoning By-law No. 1996-30
2
Township of Fenelon Zoning By-law No. 12-95
2
Village of Fenelon Falls Zoning By-law No. 89-25
1
Townships of Laxton, Digby, Longford Zoning By-law No. 32-83
19
Town of Lindsay Zoning By-law No. 2000-75
4
Township of Manvers Zoning By-law No. 87-06
21
Township of Mariposa Zoning By-law No. 94-07
2
Village of Omemee Zoning By-law No. 1993-15
2
Township of Ops Zoning By-law No. 93-30
19
Township of Somerville Zoning By-law No. 78-45
19
Village of Sturgeon Point By-law No. 339
2
Township of Verulam Zoning By-law No. 6-87
4
Village of Woodville Zoning By-law No. 93-9
2
1.03 Textual Amendment - Details
"Air Filtration Control shall mean the functional use of industrial grade multi-stage carbon filtration systems or similar technology, to reduce and/or treat the emission of pollen, dust and odours expelled from a facility and size accordingly in comparison to the facility it serves as designed by a qualified person."
"Cannabis shall mean a genus of flowering plants in the family Cannabaceae.
Synonyms include but are not limited to marijuana, and marihuana. This definition does not include the industrial or agricultural production of hemp (a source of foodstuffs [hemp milk, hemp seed, hemp oil], fiber and biofuels)."
"Cannabis Production and Processing Facility means lands, buildings or structures used for producing, processing, testing, destroying, packaging and/or shipping of cannabis authorized by an issued license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto."
2.01Property Affected: The Property affected by this Section is described as lands within: the former Townships of Bexley, Carden, Dalton, Eldon, Emily, Fenelon, Laxton, Digby, Longford, Manvers, Mariposa, Ops, Somerville and Verulam; and, the former Villages of Bobcaygeon, Fenelon Falls, Omemee, Sturgeon Point and Woodville.
2.02Textual Amendment: The following By-Law Nos. and corresponding Sections as described in the table below are further amended by adding the Definitions in alphabetical order, as described in 2.03, in the table below:
Zoning By-law
Definitions Section/Part
Township of Bexley Zoning By-law No. 93-09
2
Village of Bobcaygeon Zoning By-law No. 16-78
2
Township of Carden Zoning By-law No. 79-2
15
Township of Dalton Zoning By-law No. 10-77
15
Township of Eldon Zoning By-law No. 94-14
2
Township of Emily Zoning By-law No. 1996-30
2
Township of Fenelon Zoning By-law No. 12-95
2
Village of Fenelon Falls Zoning By-law No. 89-25
1
Townships of Laxton, Digby, Longford Zoning By-law No. 32-83
19
Township of Manvers Zoning By-law No. 87-06
21
Township of Mariposa Zoning By-law No. 94-07
2
Village of Omemee Zoning By-law No. 1993-15
2
Township of Ops Zoning By-law No. 93-30
19
Township of Somerville Zoning By-law No. 78-45
19
Village of Sturgeon Point By-law No. 339
2
Township of Verulam Zoning By-law No. 6-87
4
Village of Woodville Zoning By-law No. 93-9
2
2.03Textual Amendment - Details
"Sensitive Land Use means buildings, amenity areas or outdoor spaces where routine or normal activities occurring at reasonably expected times would experience one or more adverse effects from contaminant discharges generated by a nearby major facility. Sensitive land uses may be part of the built or natural environment. Examples include residences, day care centres, and educational and health centres."
Section 2:00Township of Bexley Zoning By-law No. 93-09
2.01Property Affected: The Property affected by this Section is described as lands within the former Township of Bexley.
2.02Textual Amendment: By-law No. 93-09 of the Township of Bexley is amended by:
2.02.1In Part 2 - Definitions, replacing the definition for Agricultural Use, Industry, Heavy, Industry, Light, and Industry, Medium, with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry or beekeeping, and such uses as are customarily and normally related to agriculture but does not include Cannabis Production and Processing Facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by their nature, including volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities. This use does not include Cannabis Production and Processing Facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building and the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include Cannabis Production and Processing Facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops and food processing facilities. This use does not include Cannabis Production and Processing Facilities."
2.02.2In Part 3: General Provisions, adding the following:
"3.23Cannabis Production and Processing Facilities
3.23.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.23.2The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.23.3Notwithstanding 3.23.2:
in the Rural General (RG) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located closer than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (RG) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 3:00Village of Bobcaygeon Zoning By-Law No. 16-78
3.01Property Affected: The Property affected by this Section is described as lands within the former Village of Bobcaygeon.
3.02Textual Amendment: By-Law No. 16-78 of the Village of Bobcaygeon is amended by:
3.02.1 Replacing the definition for 2.3 Agricultural Use with the following:
"2.3Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes a farm dwelling and accessory buildings but does not include cannabis production and processing facilities."
3.02.2 Adding the following to Section 3 General Provisions:
"3.28 Cannabis Production and Processing Facilities
i) Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
ii) The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
iii) Notwithstanding ii):
in the Rural General (A1) Zone and Restricted Industrial (M1) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (A1) Zone and Restricted Industrial (M1) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 4:00Township of Carden Zoning By-Law No. 79-2
4.01Property Affected: The Property affected by this Section is described as lands within the former Township of Carden.
4.02Textual Amendment: By-Law No. 79-2 of the Township of Carden is amended by:
4.02.1Replacing the definition for Agricultural Use in Section 15 with:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes accessory buildings and does not include cannabis production and processing facilities."
4.02.2 Adding the following to Section 14 General Provisions:
"14.29Cannabis Production and Processing Facilities
i) Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
ii) The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
iii) Notwithstanding ii):
in the Rural General (RG) Zone and General Industrial (M3) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (RG) Zone and General Industrial (M3) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 5:00Township of Dalton Zoning By-Law No. 10-77
5.01Property Affected: The Property affected by this Section is described as lands within the former Township of Dalton.
5.02Textual Amendment: By-Law No. 10-77 of the Township of Dalton is amended by:
5.02.1Replacing the definitions for Agricultural Use and Agricultural Use, Specialized, in Section 15, with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes accessory buildings and does not include cannabis production and processing facilities."
"Agricultural Use, Specialized means land on which the predominant use is for buildings for the intensive raising or keeping of chickens, turkeys or other fowl, rabbits or other fur bearing animals, a broiler plant, the growing of mushrooms, the keeping of animals for medical purposed or the intensive feeding of hogs, sheep, goats, horses or cattle in a confined area and does not include cannabis production and processing facilities."
5.02.2 Adding the following to Section 14 - General Provisions:
"14.32 Cannabis Production and Processing Facilities
i) Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
ii) The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
iii) Notwithstanding ii):
in the Rural General (RG) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (RG) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 6:00Township of Eldon Zoning By-Law No. 94-14
6.01Property Affected: The Property affected by this Section is described as lands within the former Township of Eldon.
6.02Textual Amendment: By-Law No. 94-14 of the Township of Eldon is amended by:
6.02.1In Part 2 - Definitions, replacing the definitions for Agricultural Produce Storage Facility, Agricultural Use, Agriculturally Related Commercial Use, Industry, Heavy, Industry, Light, and Industry, Medium with the following:
"Agricultural Produce Storage Facility means a building or structure used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail outlet for the sale of such agricultural produce, not including cannabis, to the general public."
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and does not include cannabis production and processing facilities."
"Agriculturally Related Commercial Use means a use directly related to agriculture and requiring proximity to farm operations and includes such uses as animal husbandry services, produce or grain storage facilities or farm machinery sales and service outlets and does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by their nature, including volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops and food processing facilities. This use does not include cannabis production and processing facilities."
6.02.2 Adding the following to Section 3 - General Provisions:
"3.24 Cannabis Production and Processing Facilities
3.24.1) Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.24.2) The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.24.3) Notwithstanding 3.24.2):
in the Agricultural (A1) Zone, Rural General (A2) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Agricultural (A1) Zone, Rural General (A2) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 7:00Township of Emily Zoning By-Law No. 1996-30
7.01Property Affected: The Property affected by this Section is described as lands within the former Township of Emily.
7.02Textual Amendment: By-Law No. 1996-30 of the Township of Emily is amended by:
7.02.1Replacing definitions for Agricultural Use, Industry, Heavy, Industry Light, and Industry, Medium, in Part 2 - Definitions with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by its nature, including volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter requires extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities, but the same does not include aggregate processing operations. This use does not include cannabis production and processing facilities. (OMB Order # 1118 June 9, 1999)"
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body shops and food processing facilities. This use does not include cannabis production and processing facilities."
7.02.2Adding the following to Part 3 - General Provisions:
"3.24 Cannabis Production and Processing Facilities
3.24.1) Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.24.2) The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.24.3) Notwithstanding 3.24.2):
in the Agricultural (A1) Zone, Rural General (A2) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Agricultural (A1) Zone, Rural General (A2) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 8:00Township of Fenelon Zoning By-Law No. 12-95
8.01Property Affected: The Property affected by this Section is described as lands within the former Township of Fenelon.
8.02Textual Amendment: By-Law No. 1996-30 of the Township of Fenelon is amended by:
8.02.1 In Part 2, replacing the definitions for Agricultural Produce Storage Facility, Agricultural Use, Agriculturally Related Commercial Use, Industry, Heavy, Industry, Light, and Industry, Medium, with:
"Agricultural Produce Storage Facility means a building or structure used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail outlet for the sale of such agricultural produce, not including cannabis, to the general public."
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry or beekeeping, and such uses as are customarily and normally related to agriculture but does not include cannabis production and processing facilities."
"Agriculturally Related Commercial Use means a use directly related to agriculture and requiring proximity to farm operations and includes such uses as animal husbandry services, produce or grain storage facilities or farm machinery sales and service outlets but does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant, exclusive of a sand or gravel pit, which is land intensive, or predominantly conducted in an open or unenclosed space, or which by its nature generates large volumes of truck traffic; uses and/or stores bulk quantities of hazardous or flammable materials; usually or commonly discharges noise, odours, smoke or particulate matter or vibration beyond the property boundaries; and require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing and refineries. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, odour, smoke or particulate matter or vibration which are detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve a limited amount of open or unenclosed storage areas and the discharge of noise, odour, particulate matter or smoke, or vibration which is detectable beyond the property boundaries. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating operations; motor vehicle body repair shops; and food processing facilities. This use does not include cannabis production and processing facilities."
8.02.2Adding the following to Part 3 - General Provisions:
"3.24 Cannabis Production and Processing Facilities
3.24.1) Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.24.2) The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.24.3) Notwithstanding 3.24.2):
in the Agricultural (A1) Zone, Rural General (A2) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Agricultural (A1) Zone, Rural General (A2) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 9:00Village of Fenelon Falls Zoning By-Law No. 89-25
9.01Property Affected: The Property affected by this Section is described as lands within the former Village of Fenelon Falls.
9.02Textual Amendment: By-Law No. 89-25 of the Village of Fenelon Falls is amended by:
9.02.1In Part 1 - Definitions, replace 1.3 Agricultural Produce Warehouse and 1.116 Manufacturing, Processing, Assembling or Fabricating Plant with the following:
"1.3Agricultural Produce Warehouse shall mean a building or part of a building used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail commercial outlet for the sale of such agricultural produce, not including cannabis, to the general public."
"1.116Manufacturing, Processing, Assembling or Fabricating Plant shall mean a plant in which the process of producing any product, by hand or mechanical power and machinery, is carried on systematically with division of labour and shall not include cannabis production and processing facilities."
9.02.2Add the following to Part 5 - General Zone Provisions:
"5.30Cannabis Production and Processing Facilities
5.30.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
5.30.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
5.30.3 Notwithstanding 5.30.2:
in the Restricted Industrial (M1) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Restricted Industrial (M1) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 10:00United Townships of Laxton, Digby, Longford Zoning By-Law No. 32-83
10.01Property Affected: The Property affected by this Section is described as lands within the former United Townships of Laxton, Digby and Longford.
10.02Textual Amendment: By-Law No. 32-83 of the United Townships of Laxton, Digby, Longford is amended by:
10.02.1:In Section 19 - Definitions, replacing the definition of Agricultural Use, Industry, Heavy, Industry, Light, and, Industry, Medium, with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes accessory buildings and does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by their nature, including: volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter, require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops and food processing facilities. This use does not include cannabis production and processing facilities."
10.02.2: In Section 18 - General Provisions, insert the following:
"18.33Cannabis Production and Processing Facilities
18.33.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
18.33.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
18.33.3 Notwithstanding 18.33.2:
in the Rural General (AI) Zone and General Industrial (M1) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (AI) Zone and General Industrial (M1) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 11:00Town of Lindsay Zoning By-Law No. 2000-75
11.01Property Affected: The Property affected by this Section is described as lands within the former Town of Lindsay.
11.02Textual Amendment: By-Law No. 2000-75 of the Town of Lindsay is amended by:
11.02.1 In Section 4 - Definitions, replacing 4.2 Agricultural Use and 4.99 Industrial Use with the following:
"4.2Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture. Agricultural use shall also include the use of land, buildings or structures on an accessory basis for the sale of agricultural products produced on the farm, but shall not include an abattoir and does not include cannabis production and processing facilities."
"4.99Industrial Use means the use of land, building or structures for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses. This use does not include cannabis production and processing facilities."
11.02.2 Adding the following to Section 5 - General Provisions for All Zones:
"5.37Cannabis Production and Processing Facilities
5.37.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
5.37.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
5.37.3 Notwithstanding 5.37.2:
in the Rural General (AI) Zone and General Industrial (M1) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (AI) Zone and General Industrial (M1) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 12:00Township of Manvers Zoning By-Law No. 87-06
12.01Property Affected: The Property affected by this Section is described as lands within the former Township of Manvers.
12.02Textual Amendment: By-Law No. 87-06 of the Township of Manvers is amended by:
12.02.1In Section 21 - Definitions, replacing the definitions for Agricultural Use with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes a farm dwelling and accessory buildings and does not include cannabis production and processing facilities."
12.02.2Inserting the following into Section 20 - General Provisions:
"20.32Cannabis Production and Processing Facilities
20.32.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
20.32.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
20.32.3 Notwithstanding 20.32.2:
in the Rural General (A1) Zone, Rural Specialized (A2) Zone, and General Industrial (M1) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (A1) Zone, Rural Specialized (A2) Zone, and General Industrial (M1) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to the following to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 13:00Township of Mariposa Zoning By-Law No. 94-07
13.01Property Affected: The Property affected by this Section is described as lands within the former Township of Mariposa.
13.02Textual Amendment: By-Law No. 94-07 of the Township of Mariposa is amended by:
13.02.1In Part 2 - Definitions, replacing the definitions for Agricultural Produce Storage Facility, Agricultural Use, Agriculturally Related Commercial Use, Industry, Heavy, Industry, Light, and Industry, Medium, with the following:
"Agricultural Produce Storage Facility means a building or structure used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail outlet for the sale of such agricultural produce, not including cannabis, to the general public."
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and does not include cannabis production and processing facilities."
"Agriculturally Related Commercial Use means a use directly related to agriculture and requiring proximity to farm operations and includes such uses as animal husbandry services, produce or grain storage facilities or farm machinery sales and service outlets and does not include uses related to cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by their nature, including volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops and food processing facilities. This use does not include cannabis production and processing facilities."
13.02.2Inserting the following into Part 3 - General Provisions:
"3.25Cannabis Production and Processing Facilities
3.25.1Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.25.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.25.3 Notwithstanding 3.25.2:
in the Agricultural (A1) Zone, Rural General (A2) Zone, and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Agricultural (A1) Zone, Rural General (A2) Zone, and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 14:00Village of Omemee Zoning By-Law No. 1993-15
14.01Property Affected: The Property affected by this Section is described as lands within the former Village of Omemee.
14.02Textual Amendment: By-Law No. 1993-15 of the Village of Omemee is amended by:
14.02.1 In Part 2 - Definitions, replacing the definitions for Agricultural Produce Storage Facility, Agricultural Use, Industry, Heavy, Industry, Light, and Industry, Medium, with those below:
"Agricultural Produce Storage Facility means a building or structure used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail outlet for the sale of such agricultural produce, not including cannabis, to the general public."
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry, worm farming or beekeeping, and such uses as are customarily and normally related to agriculture and does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by their nature, including volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing, refineries and bulk fuel storage facilities. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops and food processing facilities. This use does not include cannabis production and processing facilities."
14.02.2Adding the following to Part 3 - General Provisions:
"3.23 Cannabis Production and Processing Facilities
3.23.1Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.23.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.23.3 Notwithstanding 3.23.2:
in the Rural General (A1) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (A1) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 15:00Township of Ops Zoning By-Law No. 93-30
15.01Property Affected: The Property affected by this Section is described as lands within the former Township of Ops.
15.02Textual Amendment: By-Law No. 93-30 of the Township of Ops is amended by:
15.02.1In Section 19 - Definitions, replacing the definitions for Farm and Farm, Specialized, as per the following:
"19.72Farm means any farming or agricultural use and includes apiaries, aviaries, berry or bush crops, breeding, raising, training or boarding of horses or cattle, commercial greenhouses, farms devoted to the hatching, raising and marketing of chickens, turkeys or other fowl or game birds, animals fish or frogs, farms for grazing, flower gardening, field crops, goat or cattle dairies, growing, raising, picking, treating and storing of vegetables or fruit produce produced on the premises, nurseries, orchards, riding stables, the raising of sheep or goats or other ruminants, the raising of swine, tree crops, market gardening, bee keeping, wood lots, such uses or enterprises as are customarily carried on in the field of general agriculture not including a specialized farm as defined or cannabis production and processing facilities. 'Farm' includes a single-family dwelling house and such principle or main buildings and structure as a barn or silo, as well as accessory buildings and structure which are incidental to the operation of the farm."
"19.73Farm, Specialized means any land on which the predominant economic activity consists of raising chickens, turkeys or other fowl, the raising of fur bearing animals, the raising of swine, goats, horses, or cattle on feed lots or other intensive animal operations, the raising or boarding of dogs or cats or the growing of mushrooms and does not include cannabis production and processing facilities."
15.02.2Adding the following to Section 2 - General Provisions:
"2.30Cannabis Production and Processing Facilities
2.30.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
2.30.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
2.30.3 Notwithstanding 2.30.2:
in the Agricultural (A) Zone, Agricultural Support (AS) Zone, and General Industrial (M) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Agricultural (A) Zone, Agricultural Support (AS) Zone, and General Industrial (M) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 16:00Township of Somerville Zoning By-Law No. 78-45
16.01Property Affected: The Property affected by this Section is described as lands within the former Township of Somerville.
16.02Textual Amendment: By-Law No. 78-45 of the Township of Somerville is amended:
16.02.1In Section 19 - Definitions, replacing the definition for Agricultural Use, Industry, Heavy, Industry, Light, and Industry, Medium, with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes accessory buildings and does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant, exclusive of a sand or gravel pit or quarry, which is land intensive, or predominantly conducted in an open or unenclosed space, or which by their nature, generates large volumes of truck traffic; uses and/or stores bulk quantities of hazardous or flammable materials; usually or commonly discharges noise, odours, smoke or particulate matter, or vibrations beyond the property boundaries; and require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing and refineries. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve a limited amount of open storage and the discharge of noise, odour, smoke or particulate matter, or vibration which is detectable beyond the property boundaries. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops and food processing facilities. This use does not include cannabis production and processing facilities."
16.02.2In Section 18 - General Provisions, adding the following:
"18.31Cannabis Production and Processing Facilities
18.31.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
18.31.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
18.31.3 Notwithstanding 18.31.2:
in the Rural General (RG) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (RG) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 17:00Village of Sturgeon Point By-Law No. 339
17.01Property Affected: The Property affected by this Section is described as lands within the former Village of Sturgeon Point.
17.02Textual Amendment: By-law No. 339 of the Village of Sturgeon Point is amended by:
17.02.1In Section 2 - Definitions, replacing the definition for 2.3 Agricultural Use with the following:
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and includes a farm dwelling and accessory buildings and does not include cannabis production and processing facilities."
17.02.2Adding the following to Section 3 - General Provisions:
"3.25Cannabis Production and Processing Facilities
3.25.1 Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.25.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.25.3 Notwithstanding 3.25.2:
in the Rural General (A1) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (A1) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use.This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 18:00Township of Verulam Zoning By-law No. 6-87
18.01Property Affected: The Property affected by this Section is described as lands within the former Township of Verulam.
18.02Textual Amendment: By-law No. 6-87 of the Township of Verulam is amended by:
18.02.1In Section 4 - Definitions, replacing the definition for Farm with the following:
"Farm means a use of land, buildings or structures for the purpose of field crops, fruit farming, market gardening, dairying, woodlots, animal husbandry, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and does not include cannabis production and processing facilities."
18.02.2In Section 5 - General Provisions:
"5.29Cannabis Production and Processing Facilities
5.29.1Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
5.29.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
5.29.3 Notwithstanding 5.29.2:
in the General Rural (A1) Zone and General Industrial (M1) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the General Rural (A1) Zone and General Industrial (M1) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 19:00Village of Woodville Zoning By-law No. 93-9
19.01Property Affected: The Property affected by this Section is described as lands within the former Village of Woodville.
19.02Textual Amendment: By-law 93-9 of the Village of Woodville is amended by:
19.02.1In Part 2 - Definitions, replacing the definitions for Agricultural Produce Storage Facility, Agricultural Use, Industry, Heavy, Industry, Light, and Industry, Medium, with the following:
"Agricultural Produce Storage Facility means a building or structure used for the storage of agricultural produce and may include facilities for wholesale distribution or an accessory retail outlet for the sale of such agricultural produce, not including cannabis, to the general public."
"Agricultural Use means a use of land, buildings or structures for the purpose of forestry, field crops, fruit farming, market gardening, dairying, animal husbandry, aquaculture, poultry or beekeeping, and such uses as are customarily and normally related to agriculture and does not include cannabis production and processing facilities."
"Industry, Heavy, means an industry, assembly, manufacturing, or processing plant which is land intensive or predominantly conducted in an open or unenclosed space or which by their nature, including volume of truck traffic, use of hazardous or flammable materials, the discharge of noise, odours or particulate matter require extensive buffering. Examples of such uses are steel mills, steel fabricating, metal or rubber recovery plants, foundries, pesticide manufacturing and refineries. This use does not include cannabis production and processing facilities."
"Industry, Light, means an industry which is conducted and wholly contained within an enclosed building the operation of which does not produce emissions of noise, smoke, odour, particulate matter or vibration which is detectable beyond any lot line. Examples of such uses are light assembly, electronics, warehousing and industrial malls. This use does not include cannabis production and processing facilities."
"Industry, Medium, means an industry, assembly, manufacturing or processing plant which is predominantly conducted within a wholly enclosed building but which may also involve open storage. Examples of such uses are sheet metal, plastic, fibre glass or wood fabricating, motor vehicle body repair shops, food processing facilities and bulk fuel storage facilities. This use does not include cannabis production and processing facilities."
19.02.2In Part 3 - General Provisions, adding the following:
"3.23Cannabis Production and Processing Facilities
3.23.1Notwithstanding any other provision of this Bylaw, Cannabis Production and Processing Facilities shall be subject to the following provisions; this by-law only allows for the Production and Processing of cannabis for operators in possession of a valid license or registration by the federal Minster of Health, pursuant to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended from time to time, or any successors thereto.
3.23.2 The cannabis production and processing facility shall comply with all regulations prescribed within the zones where the use is permitted.
3.23.3 Notwithstanding 3.23.2:
in the Rural General (A1) Zone and General Industrial (M2) Zone, a cannabis production and processing facility equipped with air filtration control shall not be located close than 70m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use.
in the Rural General (A1) Zone and General Industrial (M2) Zone, a cannabis production and processing facility without air filtration control shall not be located close than 300m to a Sensitive Land Use. This setback shall be measured from the building line or crop line of the Cannabis Production and Processing Facility to the nearest building line of the sensitive land use."
Section 20:00 Effective Date
20.01Effective Date: This By-Law shall come into force and take effect on the date it is finally passed, subject to the provisions of Section 34 of the Planning Act R.S.O. 1990, c.P.13.
By-law read a first, second and third time, and finally passed, this 18th day of May, 2021.
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Andy Letham, Mayor
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Cathie Ritchie, City Clerk