Not at all, it is a possibility. When I first pos
Post# of 56323
Posted On: 11/07/2014 6:29:58 PM
Not at all, it is a possibility. When I first posted regarding the issues I was scorned, turned out I was correct. When I said no grandfathering I was scorned but the towns latest release said no grandfathering.
It is a very real possibility the zoning amendment will be denied, as much as it might be approved and to not consider all the possible outcomes and wearing only rose coloured glasses will get you into trouble. Not being a downer at all but facts are facts. Lawdogs is correct but what the lawful nonconforming does not do is override existing regulations. The town cannot now say you cannot do this but the town also does not have to, by its own regulations, allow an operation the size of what was publicised, on that land and the company was informed of that fact in April. Zoning is not an issue, just the amount of production that was publicised for that site. That is the non-issue. They are zoned Agricultural Value Added. I somehow failed to see that in Bills comments about the site being value added.
You will see a compromise solution or the town will challenge in court. In the absence of a license from Health Canada no possible court challenge can be mounted. If they are growing now without having announced the granting of the license, they have a leg to stand on to grow, just not to process in the amounts talked about, without the amendment being successful. The town can turn it down without violating any acquired rights protected under LNC.
So be it. That is the law. Whether you like it or not.
It is a very real possibility the zoning amendment will be denied, as much as it might be approved and to not consider all the possible outcomes and wearing only rose coloured glasses will get you into trouble. Not being a downer at all but facts are facts. Lawdogs is correct but what the lawful nonconforming does not do is override existing regulations. The town cannot now say you cannot do this but the town also does not have to, by its own regulations, allow an operation the size of what was publicised, on that land and the company was informed of that fact in April. Zoning is not an issue, just the amount of production that was publicised for that site. That is the non-issue. They are zoned Agricultural Value Added. I somehow failed to see that in Bills comments about the site being value added.
You will see a compromise solution or the town will challenge in court. In the absence of a license from Health Canada no possible court challenge can be mounted. If they are growing now without having announced the granting of the license, they have a leg to stand on to grow, just not to process in the amounts talked about, without the amendment being successful. The town can turn it down without violating any acquired rights protected under LNC.
So be it. That is the law. Whether you like it or not.
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