I copied the draft bylaw from a pdf file and paste
Post# of 56324
Posted On: 10/14/2014 2:58:01 PM
I copied the draft bylaw from a pdf file and pasted it then adjusted it to be readable. I may have deleted some of the punctuation inadvertently but all text is here
THE CORPORATION OF THE TOWN OF LAKESHORE
BY LAW NUMBER 73-2014
Being a Bylaw to amend Bylaw No.2-2012,
Zoning Bylaw for the
Town of Lakeshore(ZBA-15-2014)
WHEREAS Bylaw No.2-2012
is the Town’s comprehensive zoning by-law regulating the use of lands
and the character, location and use of buildings and structures within the Town of Lakeshore;AND WHEREAS
the Council of the Corporation of the Town of Lakeshore deems it expedient and in the best interest of proper planning to further amend Bylaw No.2-2012;AND WHEREAS
this amendment is in conformity with the Lakeshore Official Plan upon Amendment No.to the Official Plan coming into effect;
NOW THEREFORE the Council of the Corporation of the Town of Lakeshore enacts as follows:1.
That Section 4,
DEFINITIONS be amended by adding Item 41.1,as follows:
“CANNABIS-Cannabis means the substance set out in Item I of Schedule II to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended.”2.That Section 4, DEFINITIONS be amended by adding
Item 109.1, as follows: “INDUSTRIAL HEMP-
means the plants and plant parts of the genera Cannabis, the leaves
and flowering heads of which do not contain more than 0.3% THC w/w, and includes the derivatives of such plants and plant parts. It also includes the derivatives of non-viable cannabis seed. It does not include plant parts of the genera Cannabis that consist of non-viable cannabis
seed, other than its derivatives, or of mature cannabis stalks that do not include leaves, flowers,seeds or branches, or of fibre derived from those stalks under the Controlled Drugs and Substances Act
or as amended and as regulated by the Industrial Hemp Regulations
(SOR/98-156) or as amended.”3.That Section 4, DEFINITIONS be amended by adding Item 109.2, as follows:4.“
INDUSTRIAL HEMP PRODUCTION FACILITY-
means any land, building or structure licensed and / or authorized to
cultivate, import, export, process, sell, provide, test for viability,
possess and/or produce a derivative or product of industrial hemp, as defined in Section 1 of the Industrial Hemp Regulations
(SOR/98-156).”5.That Section 4,DEFINITIONS be amended by adding
Item 129.1,as follows:“MARIHUANA-Marihuana means the substance referred to as “Cannabis” in sub item I(2) of Schedule II to the
Controlled Drugs and Substances Act, SC 1996, c 19, as amended.”6.
That Section 4,DEFINITIONS be amended by adding Item 129.2,as follows:“MARIHUANA FOR MEDICAL PURPOSES PRODUCTION FACILITY-means any building or structure licensed and/or authorized to possess, sell, provide, ship, deliver, transport, destroy,produce, export and/or import marihuana for medical purposes, including related research under,the Marihuana for Medical Purposes Regulations(SOR/2013-119) under Subsection 55(1) of the Controlled Drugs and Substances Act or as amended.”7.
That Section 4 DEFINITIONS be amended by adding the following wording to the end of Item 5.“AGRICULTURE USE” as follows:“,
but does include a marihuana for medical purpose production facility and industrial hemp production facility”.8. That Section 4 DEFINITIONS be amended by adding the following wording to the end of Item110 “INDUSTRIAL USE” as follows:“An Industrial use shall not include a marihuana for medical purpose production facility orindustrial hemp
production facility”.9. That By-law 2-2012, as amended, be amended by adding: Section 6.32.1
Marihuana for Medical Purposes Production Facility and Industrial Hemp
Production Facility Marihuana for Medical Purposes Production Facility and an Industrial Hemp Production Facility shall be permitted on a site-
specific basis (zoning by-law amendment),subject to the criteria of
Section 4.2.5 and 4.2.6 of the Town of Lakeshore Official Plan and:a)
A Medical Marihuana Production Facility and an Industrial Hemp Production Facility, will be subject to site plan control pursuant to Section 41 of the Planning Act, R.S.O., 1990;b)
A Medical Marihuana Production Facility must comply with the zone provisions of the zone it is located within; c) A Industrial Hemp Production Facility must comply with the zone provisions of the zone it is located within; d) Parking Requirement:1 per 93m2 of gross floor area; e)
Outdoor storage is prohibited on a property on which a medical marihuana production facility is located;f) No building or structure or portion of land thereof used for medical marihuana production facility purposes or industrial hemp production facility purposes may
be located closer to any residential or institutional zone or parks and open space zone or any residential lot in an agriculture zone (i.e. a residential lot with a lot area of 4.0 ha or less) than 150 metres
or from any day nursery, school, community centre or training facility aimed primarily at children less than 16 years of age;g) The minimum separation distance between medical marihuana production facilities
shall be at least 500 metres;h) No outdoor signage or advertising shall be permitted;i) Where a medical marihuana production facility or an industrial hemp production facility use is located on a lot, no other use shall be permitted on the lot or within the building as a whole,other than the growing of accessory“legal”agricultural crops;j) For a medical marihuana production facility or an industrial hemp production
facility,the minimum lot area must be greater than 4 hectares; k)
Minimum setback for all structures associated with a medical marihuana
production facility is 30 metres from all property lines;l)
A building or structure used for security purposes for a medical marihuana production facility may be located in the front yard and does not have to comply with the required minimum front yard setback;m)
Loading spaces for a medical marihuana production facility must be in a wholly enclosed building;n) All uses associated with the
medical marihuana production facility must take place
entirely within a building.6. This by-law shall come into force and take effect from the date of passing by Council and shall
come into force in accordance with Section 34 of The Planning Act R.S.O. 1990.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS4DAY OF
NOVEMBER, 2014
.
______________________________
Tom Bain
, Mayor
______________________________
Mary Masse, Clerk
CLERK’S CERTIFICATE
I,Mary Masse,Clerk of the Town of Lakeshore,
DO HEREBY CERTIFY the foregoing to be a true copy of By-law No.73-2014 passed by Council of the said Corporation of the Town of Lakeshore, on the 4 day of November,2014.
CERTIFIED THIS 4 day of November, 2014.
___
___________________________
Mary Masse, Clerk
THE CORPORATION OF THE TOWN OF LAKESHORE
BY LAW NUMBER 73-2014
Being a Bylaw to amend Bylaw No.2-2012,
Zoning Bylaw for the
Town of Lakeshore(ZBA-15-2014)
WHEREAS Bylaw No.2-2012
is the Town’s comprehensive zoning by-law regulating the use of lands
and the character, location and use of buildings and structures within the Town of Lakeshore;AND WHEREAS
the Council of the Corporation of the Town of Lakeshore deems it expedient and in the best interest of proper planning to further amend Bylaw No.2-2012;AND WHEREAS
this amendment is in conformity with the Lakeshore Official Plan upon Amendment No.to the Official Plan coming into effect;
NOW THEREFORE the Council of the Corporation of the Town of Lakeshore enacts as follows:1.
That Section 4,
DEFINITIONS be amended by adding Item 41.1,as follows:
“CANNABIS-Cannabis means the substance set out in Item I of Schedule II to the Controlled Drugs and Substances Act, SC 1996, c 19, as amended.”2.That Section 4, DEFINITIONS be amended by adding
Item 109.1, as follows: “INDUSTRIAL HEMP-
means the plants and plant parts of the genera Cannabis, the leaves
and flowering heads of which do not contain more than 0.3% THC w/w, and includes the derivatives of such plants and plant parts. It also includes the derivatives of non-viable cannabis seed. It does not include plant parts of the genera Cannabis that consist of non-viable cannabis
seed, other than its derivatives, or of mature cannabis stalks that do not include leaves, flowers,seeds or branches, or of fibre derived from those stalks under the Controlled Drugs and Substances Act
or as amended and as regulated by the Industrial Hemp Regulations
(SOR/98-156) or as amended.”3.That Section 4, DEFINITIONS be amended by adding Item 109.2, as follows:4.“
INDUSTRIAL HEMP PRODUCTION FACILITY-
means any land, building or structure licensed and / or authorized to
cultivate, import, export, process, sell, provide, test for viability,
possess and/or produce a derivative or product of industrial hemp, as defined in Section 1 of the Industrial Hemp Regulations
(SOR/98-156).”5.That Section 4,DEFINITIONS be amended by adding
Item 129.1,as follows:“MARIHUANA-Marihuana means the substance referred to as “Cannabis” in sub item I(2) of Schedule II to the
Controlled Drugs and Substances Act, SC 1996, c 19, as amended.”6.
That Section 4,DEFINITIONS be amended by adding Item 129.2,as follows:“MARIHUANA FOR MEDICAL PURPOSES PRODUCTION FACILITY-means any building or structure licensed and/or authorized to possess, sell, provide, ship, deliver, transport, destroy,produce, export and/or import marihuana for medical purposes, including related research under,the Marihuana for Medical Purposes Regulations(SOR/2013-119) under Subsection 55(1) of the Controlled Drugs and Substances Act or as amended.”7.
That Section 4 DEFINITIONS be amended by adding the following wording to the end of Item 5.“AGRICULTURE USE” as follows:“,
but does include a marihuana for medical purpose production facility and industrial hemp production facility”.8. That Section 4 DEFINITIONS be amended by adding the following wording to the end of Item110 “INDUSTRIAL USE” as follows:“An Industrial use shall not include a marihuana for medical purpose production facility orindustrial hemp
production facility”.9. That By-law 2-2012, as amended, be amended by adding: Section 6.32.1
Marihuana for Medical Purposes Production Facility and Industrial Hemp
Production Facility Marihuana for Medical Purposes Production Facility and an Industrial Hemp Production Facility shall be permitted on a site-
specific basis (zoning by-law amendment),subject to the criteria of
Section 4.2.5 and 4.2.6 of the Town of Lakeshore Official Plan and:a)
A Medical Marihuana Production Facility and an Industrial Hemp Production Facility, will be subject to site plan control pursuant to Section 41 of the Planning Act, R.S.O., 1990;b)
A Medical Marihuana Production Facility must comply with the zone provisions of the zone it is located within; c) A Industrial Hemp Production Facility must comply with the zone provisions of the zone it is located within; d) Parking Requirement:1 per 93m2 of gross floor area; e)
Outdoor storage is prohibited on a property on which a medical marihuana production facility is located;f) No building or structure or portion of land thereof used for medical marihuana production facility purposes or industrial hemp production facility purposes may
be located closer to any residential or institutional zone or parks and open space zone or any residential lot in an agriculture zone (i.e. a residential lot with a lot area of 4.0 ha or less) than 150 metres
or from any day nursery, school, community centre or training facility aimed primarily at children less than 16 years of age;g) The minimum separation distance between medical marihuana production facilities
shall be at least 500 metres;h) No outdoor signage or advertising shall be permitted;i) Where a medical marihuana production facility or an industrial hemp production facility use is located on a lot, no other use shall be permitted on the lot or within the building as a whole,other than the growing of accessory“legal”agricultural crops;j) For a medical marihuana production facility or an industrial hemp production
facility,the minimum lot area must be greater than 4 hectares; k)
Minimum setback for all structures associated with a medical marihuana
production facility is 30 metres from all property lines;l)
A building or structure used for security purposes for a medical marihuana production facility may be located in the front yard and does not have to comply with the required minimum front yard setback;m)
Loading spaces for a medical marihuana production facility must be in a wholly enclosed building;n) All uses associated with the
medical marihuana production facility must take place
entirely within a building.6. This by-law shall come into force and take effect from the date of passing by Council and shall
come into force in accordance with Section 34 of The Planning Act R.S.O. 1990.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS4DAY OF
NOVEMBER, 2014
.
______________________________
Tom Bain
, Mayor
______________________________
Mary Masse, Clerk
CLERK’S CERTIFICATE
I,Mary Masse,Clerk of the Town of Lakeshore,
DO HEREBY CERTIFY the foregoing to be a true copy of By-law No.73-2014 passed by Council of the said Corporation of the Town of Lakeshore, on the 4 day of November,2014.
CERTIFIED THIS 4 day of November, 2014.
___
___________________________
Mary Masse, Clerk
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