INTERESTING READ. This is part of a memo submitted to the Governance & Services Committee of the Regional District of Central Okanagan in Canada regarding an update on the MMPR and it's implications on local by-laws. It was dated November 14, 2013.
Impact on local government bylaws
Municipalities and regional districts are considering a variety of bylaw amendments to address
medical marihuana production use under zoning regulation. The scale of production for these
facilities will be larger commercial operations that require separate building(s). Many
municipalities are working towards restricting medical marihuana grow operations to industrially,
agricultural and/or rural zoned lands. The various approaches across the province will be varied
depending on opinions and the type of setting of a local government (urban or rural).
There is a variety of factors the RDCO should consider with development of land use policy and
regulation for medical marihuana operations. For example, these factors include:
III Proximity to residential dwellings;
• Proximity to adjacent land uses, especially those that promote a high degree of human
activity;
• The size and configuration of the property;
• Access to the property;
.. Parking;
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4
• Proposed scale of the production facility and any accessory use (i.e. storage);
• Utility requirements (i.e. electrical power, water);
• Potential noise generation;
• Visual impact;
• Traffic impacts;
• Building ventilation and potential odors;
• Environmental impacts such as the storage and disposal of contaminated· waste, air
quality, water quality and quantity;
• Safety and security; and
• Landscaping screening.
Despite the scale of operation, the growing and processing of marihuana is recognized primarily
as an agricultural and horticultural use (albeit one with onerous security requirements). To that
end, in mid-2013 the Agricultural Land Commission (ALC) issued a bulletin advising local
governments that the lawfully sanctioned production of marihuana for medical purposes is
considered a "farm use" under the Agricultural Land Commission Act. "Farm use" can be
regulated but must not be prohibited by any local government bylaw. Therefore, without Bylaw
change the farming of medical marihuana (including at a commercial/industrial scale) could
conceivably be permitted on all ALR lands in the RDCa, in addition to rural zoned properties not
in the ALR. Staff recommends that provisions should be added to the Zoning Bylaw to limit and
regulate this farm use on ALR lands and applicable rural zoned lands (e.g. setbacks and
minimum parcel area) despite that it cannot be prohibited outright. The ALC asks that any
bylaws intended to regulate farm use be forwarded for their review prior to adoption.
Impact on local government bylaws
Municipalities and regional districts are considering a variety of bylaw amendments to address
medical marihuana production use under zoning regulation. The scale of production for these
facilities will be larger commercial operations that require separate building(s). Many
municipalities are working towards restricting medical marihuana grow operations to industrially,
agricultural and/or rural zoned lands. The various approaches across the province will be varied
depending on opinions and the type of setting of a local government (urban or rural).
There is a variety of factors the RDCO should consider with development of land use policy and
regulation for medical marihuana operations. For example, these factors include:
III Proximity to residential dwellings;
• Proximity to adjacent land uses, especially those that promote a high degree of human
activity;
• The size and configuration of the property;
• Access to the property;
.. Parking;
H:IPLANNINGI3360-ZoningI02-ZBL No 871 ReviewIMarihuanaI2013-11-04 G&S Report.docx
4
• Proposed scale of the production facility and any accessory use (i.e. storage);
• Utility requirements (i.e. electrical power, water);
• Potential noise generation;
• Visual impact;
• Traffic impacts;
• Building ventilation and potential odors;
• Environmental impacts such as the storage and disposal of contaminated· waste, air
quality, water quality and quantity;
• Safety and security; and
• Landscaping screening.
Despite the scale of operation, the growing and processing of marihuana is recognized primarily
as an agricultural and horticultural use (albeit one with onerous security requirements). To that
end, in mid-2013 the Agricultural Land Commission (ALC) issued a bulletin advising local
governments that the lawfully sanctioned production of marihuana for medical purposes is
considered a "farm use" under the Agricultural Land Commission Act. "Farm use" can be
regulated but must not be prohibited by any local government bylaw. Therefore, without Bylaw
change the farming of medical marihuana (including at a commercial/industrial scale) could
conceivably be permitted on all ALR lands in the RDCa, in addition to rural zoned properties not
in the ALR. Staff recommends that provisions should be added to the Zoning Bylaw to limit and
regulate this farm use on ALR lands and applicable rural zoned lands (e.g. setbacks and
minimum parcel area) despite that it cannot be prohibited outright. The ALC asks that any
bylaws intended to regulate farm use be forwarded for their review prior to adoption.
