The draft itself is quite clear, what we are waiti
Post# of 56323
Posted On: 10/28/2014 8:30:45 AM
The draft itself is quite clear, what we are waiting for is which areas will be included under the new amendment.
Site #1 at 20 North Rear Road is currently Agricultural Value Added which not only considers processing but considers storage and packaging/shipping to fall under their definition of processing. Under HC processing is not as widely defined simply because HC does not allow processing but the key is the town holds sway here on a pre-existing regulation which defines packaging and shipping as value added. Bottom line, if this site retains its prior zoning definition, the company will have to file a zoning amendment application.
The reality is, if these amendments are approved prior to HC granting the license then the lawful nonconforming or grandfathering will not apply because the activities used to set precedent will not have begun prior to the amendments being adopted.
If the license has been granted then if site #1 remains site specific, it means the company will have to file the zoning amendment application. The site specific means the existing zoning regulations remain in force (specific to that site) and all local zoning must be followed.
What lawful nonconforming does not do is override existing regulations. It sets a precedent where no prohibitive regulations existed prior to the license being granted and the activity taking place.
The keys are waiting to see how site #1 is designated under the new amendments.
If site #1 remains site specific then the clock begins to count down from 80 days from the date they submit a new application and begin the official process under local zoning and Section 41 of the Planning Act of Ontario to have the amendment application submitted. On September 23 the town indicated the company did submit a zoning amendment application but it was deficient and has not been considered so the process begins anew. If this is the route they will take you will know it has begun when official notice is filed with residents/businesses within the defined rules. It is a two week notification of neighbours, internal and external agencies, and then it begins. It ends with a 20 days appeals period after the town makes their decision. The process for the town can take 45-60 days. It ends with the Ontario Municipal granting the amendment if the town did so, or confirming or denying the decision of the town if they reject the application.
There is no grandfathering where there was pre-existing regulations. So we wait.
Site #1 at 20 North Rear Road is currently Agricultural Value Added which not only considers processing but considers storage and packaging/shipping to fall under their definition of processing. Under HC processing is not as widely defined simply because HC does not allow processing but the key is the town holds sway here on a pre-existing regulation which defines packaging and shipping as value added. Bottom line, if this site retains its prior zoning definition, the company will have to file a zoning amendment application.
The reality is, if these amendments are approved prior to HC granting the license then the lawful nonconforming or grandfathering will not apply because the activities used to set precedent will not have begun prior to the amendments being adopted.
If the license has been granted then if site #1 remains site specific, it means the company will have to file the zoning amendment application. The site specific means the existing zoning regulations remain in force (specific to that site) and all local zoning must be followed.
What lawful nonconforming does not do is override existing regulations. It sets a precedent where no prohibitive regulations existed prior to the license being granted and the activity taking place.
The keys are waiting to see how site #1 is designated under the new amendments.
If site #1 remains site specific then the clock begins to count down from 80 days from the date they submit a new application and begin the official process under local zoning and Section 41 of the Planning Act of Ontario to have the amendment application submitted. On September 23 the town indicated the company did submit a zoning amendment application but it was deficient and has not been considered so the process begins anew. If this is the route they will take you will know it has begun when official notice is filed with residents/businesses within the defined rules. It is a two week notification of neighbours, internal and external agencies, and then it begins. It ends with a 20 days appeals period after the town makes their decision. The process for the town can take 45-60 days. It ends with the Ontario Municipal granting the amendment if the town did so, or confirming or denying the decision of the town if they reject the application.
There is no grandfathering where there was pre-existing regulations. So we wait.
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