CHECK THIS OUT-Here's Some Really Great News I Fou
Post# of 56324
Posted On: 11/12/2014 11:29:50 PM
CHECK THIS OUT -Here's Some Really Great News I Found on Another Board:
"[b Municipalities Must be Proactive b]
Proactively, a municipality can amend its land use bylaw to include, as a use, "medical marihuana production facility". Concurrently with the adoption of the new definition, a land use bylaw can be amended to insert the use "medical marihuana production facility" in appropriate districts. With a
specific use definition the municipality can determine in what districts the use will be permitted or discretionary. Regulations specific to the use, or parking and loading regulations can be amended to address particular concerns regarding the operation of a medical marihuana production facility.
Amendments to a land use bylaw will only be successful in controlling where a medical marihuana production facility may be located if the amendments are made prior to a development permit being issued for such a facility. If the amendments follow the issuance of a development permit,the facility with the development permit will be able to rely on the permit to set up operations on the site for which the Permit was issued. Practically this means that if a development permit is issued for an "agricultural" use, the facility with that development permit will be able to locate in a district where that agricultural use is permitted or discretionary even if the municipality later concludes that medical marihuana production facilities should be located in industrial areas. The already approved facility becomes a legal non-conforming use and the municipality cannot force the Licensed Producer to relocate the facility to an industrial area. For this reason it is important for those municipalities who want to control the location of medical marihuana production facilities to act quickly to put the appropriate rules in place." Courtesy Andrew Fatalo
http://www.brownleelaw.com/wp-content/uploads...pality.pdf
"[b Municipalities Must be Proactive b]
Proactively, a municipality can amend its land use bylaw to include, as a use, "medical marihuana production facility". Concurrently with the adoption of the new definition, a land use bylaw can be amended to insert the use "medical marihuana production facility" in appropriate districts. With a
specific use definition the municipality can determine in what districts the use will be permitted or discretionary. Regulations specific to the use, or parking and loading regulations can be amended to address particular concerns regarding the operation of a medical marihuana production facility.
Amendments to a land use bylaw will only be successful in controlling where a medical marihuana production facility may be located if the amendments are made prior to a development permit being issued for such a facility. If the amendments follow the issuance of a development permit,the facility with the development permit will be able to rely on the permit to set up operations on the site for which the Permit was issued. Practically this means that if a development permit is issued for an "agricultural" use, the facility with that development permit will be able to locate in a district where that agricultural use is permitted or discretionary even if the municipality later concludes that medical marihuana production facilities should be located in industrial areas. The already approved facility becomes a legal non-conforming use and the municipality cannot force the Licensed Producer to relocate the facility to an industrial area. For this reason it is important for those municipalities who want to control the location of medical marihuana production facilities to act quickly to put the appropriate rules in place." Courtesy Andrew Fatalo
http://www.brownleelaw.com/wp-content/uploads...pality.pdf
(0)
(0)