Posted On: 11/06/2014 9:24:04 PM
Post# of 56323
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The Town says the zoning is correct, just the use of building is not permitted. As of right now, there is no zoning concerning Medical Marijuana, until it is approved by the county. It is a legal activity in Canada. Non Conforming use of land as decided by the supreme court;
34 (9) No by-law passed under this section applies,
(a) to prevent the use of any land, building or structure for any purpose
prohibited by the by-law if such land, building or structure was lawfully
used for such purpose on the day of the passing of the by-law, so long as
it continues to be used for that purpose …
(i) Use of Land on the Day the By-law was Passed The claimant of a non-conforming use of land need not establish that the use was fully
developed at the date that the “interfering by-law” was passed. In a decision called Township of Emily v. Johnson,8 an Ontario Court dismissed an action brought by a municipality against an owner of lands for an injunction to prohibit the owner from operating a go-cart track on his premises. The owner presented evidence to establish that
the go-cart operation had commenced, although not yet been fully developed, as of the date of the by-law. On this point, the Court noted:
“… the conclusion is irresistible that there was an embryo in place in 1977. Mr. Johnson had formulated his plans in 1976. He began to execute them in the early part of the summer of 1977 by purchasing two go-carts for commercial use, by grading the proposed site, moving stones, shaping it, that is, giving it a pattern with the use of a grader, chains and go-carts.”
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