Cannabis Facility Definition and Regulation By-law No. 47-2019 — full text

This is the exact embedded text of the captured official document. Snapshot c618dae30086 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 THE CORPORATION OF THE TOWNSHIP OF MELANCTHON BY-LAW NO. 47-2019 (Cannabis Facility Definition and Regulation - November 12, 2019) Being a By-law to amend By-law No. 12-79, as amended, the Zoning By- law for the Township of Melancthon to define and regulate cannabis facilities WHEREAS the Council of the Corporation of the Township of Melancthon is empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act, 1990; AND WHEREAS Council of the Corporation of the Township of Melancthon wishes to update the definitions and regulations governing cannabis facilities; AND WHEREAS the Council of the Corporation of the Township of Melancthon deems it advisable to amend By-Law 12-79, as amended; NOW THEREFORE the Council of the Corporation of the Township of Melancthon enacts as follows: 1. Zoning By-law 12-79 as amended, is further amended in the following manner: a) Sub-section 2.50a is deleted. b) Section 2 is amended by adding the following new definitions after sub- section 2.10: 2.10a Cannabis means: i. A Cannabis plant including hemp or industrial hemp; ii. Any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not; iii. any substance or mixture of substances that contains or has on it any part of such a plant; and iv. any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. 2.10b Cannabis Plant means a plant that belongs to the genus "Cannabis". 2.10c Cannabis Facility means a building or buildings, designed, used, or intended to be used in an accessory manner to the outdoor growing of cannabis for one or more of the following: cultivation, growing, cloning, propagation, production, processing, harvesting, testing, alteration, destruction, storage, research packaging, shipment or distribution of cannabis in accordance with applicable federal law and regulation but does not include a building or part thereof solely designed, used, or intended to be used for the retail sale of cannabis. c) Section 3 is amended by adding the following new sub-section after sub- section 3.23: 3.24 Cannabis Facilities Notwithstanding the permitted uses and regulations of the Agricultural (A1) Zone, a Cannabis Facility shall be a permitted use in the A1 Zone 2 provided the lot on which the Cannabis Facility is constructed is utilized for outdoor cultivation of Cannabis and the following regulations shall apply: i. Minimum Lot Area: 40 ha ii. Minimum Lot Frontage: 150 metres iii. Minimum Setback from any Lot Line: 15 metres iv. Minimum Separation from any dwelling on a separate parcel: 300 metres v. Minimum Separation from a vacant lot with a lot area of 4.1 ha or less: 300 metres vi. Minimum Separation from another Cannabis Facility (separate lot): 2,000 metres vii. Minimum Separation from a settlement area boundary: 2,000 metres viii. Maximum Lot Coverage of all buildings and structures: 5% ix. Minimum Lot Area required to be used for outdoor cultivation of Cannabis each calendar year: 20 ha x. Minimum Parking Requirement: 1 space/250 m2 Any lands utilized for the outdoor growing of Cannabis and/or a Cannabis Facility shall be subject to site plan control. For the purpose of item iv), where a dwelling is lawfully constructed within 300 metres of an existing, lawful Cannabis Facility, the existing Cannabis Facility shall be deemed to comply with item iv) of this By-law. For the purpose of item vii) the settlement area boundaries shall be as established by the Township of Melancthon Official Plan. 2. In all other respects, the provisions of By-law 12-79, as amended shall apply. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of Section 34 (30) and (31) of the Planning Act (Ontario). READ A FIRST AND SECOND TIME on the 21st day of November 2019. READ A THIRD TIME and finally passed this 21st day of November 2019. Original Signed Original Signed _____________________________ ______________________________ Mayor Clerk