THE CORPORATION OF THE TOWN OF RICHMOND HILL BY-LAW NO

Transcription

1 THE CORPORATION OF THE TOWN OF RICHMOND HILL BY-LAW NO A By-law to amend the provisions of By-laws 986, 1275, 1703, 2523, , 39-71, 66-71, 3-74, 70-74, , , , , , , , 19-84, , 88-86, , , , , , 57-88, , 12-89, , 76-91, 38-95, , , , , , 42-02, and , as amended, to allow the cultivation of medical marihuana, as per the Marihuana for Medical Purposes Regulations (MMPR) S0R , under the Controlled Drugs and Substances Act, SC 1996, c 19, as amended or its successor, in the industrial zone categories; and WHEREAS the lands affected by this By-law are situate within the Town of Richmond Hill, as identified on Schedule "A"; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF RICHMOND HILL ENACTS AS FOLLOWS: 1. Zoning By-laws 986, 1275, 1703, 2523, , 39-71, 66-71, 3-74, 70-74, , , , , , , , 19-84, , 88-86, , , , , , 57-88, , 12-89, , 76-91, 38-95, , , , , , 42-02, and , as amended, of the Town, and any amendments thereto prior to and up to enactment of this Bylaw No (each a previously enacted zoning by-law), shall be amended as follows: a. the defined terms and definitions in subsections 1(c) and 1(d) shall be added to the existing list of definitions or defined terms in all previously enacted zoning by-laws. b. in addition to any existing provisions of any previously enacted zoning bylaws relating to the defined terms and definitions in subsections 1(c) and 1(d), or any similar terms regardless of whether or not such terms were defined, and as such terms may have applied under the previously enacted zoning by-laws to what is herein defined in subsections 1(c) and 1(d), the provisions in subsection 1(e) to 1(g) shall also apply. c. MEDICAL MARIHUANA PRODUCTION FACILITY means a building or facility used for the cultivation, production, shipping, transporting, testing, destroying, storing or distribution of medical marihuana or cannabis authorized by a license issued by the Minister of Health in accordance with the federal Marihuana for Medical Purposes Regulations (MMPR) S0R , under the Controlled Drugs and Substances Act, SC 1996, c 19, as amended or its successor. d. SENSITIVE LAND USE Sensitive land uses are, but shall not be limited to, dwelling units, long term care facilities, public schools, private schools, day nurseries, community centres, parks, places of worship and hospitals. e. A medical marihuana production facility shall be prohibited in a dwelling unit. f. A medical marihuana production facility shall only be permitted in the area defined as "Area 1" on Schedule "B" to By-law No and the following industrial zones: i.zindustrial Class 1 Zone (I-C1) and Industrial Class 2 Zone (I-C2) to By-law No , as amended.

2 - 2 - ii. iii. High Performance Industrial Zone (M-1), General Industrial Zone (M-2) and High Performance Commercial Industrial Zone (MC-1) to By-law No , as amended. High Performance Industrial Zone (M-1) and High Performance Commercial Industrial (MC-1) to By-law No , as amended. g. Notwithstanding any provision to the contrary contained in a previously enacted zoning by-law, the following special provisions shall apply to a medical marihuana production facility: i. A medical marihuana production facility shall not be permitted to locate on a lot that abuts an arterial road. ii. A medical marihuana production facility shall have a minimum distance separation of 70 metres (229.6 feet) from any sensitive land use. For the purposes of this provision, minimum distance separation is the closest distance measured from the lot line on which the sensitive land use is located to the lot line of the lot on which the medical marihuana production facility is located. Despite the required minimum distance separation noted above, no medical marihuana production facility lawfully established under these provisions shall be deemed to be a violation under this section by the subsequent erection of a sensitive land use constructed on another lot. iii. iv. Where a medical marihuana production facility is permitted or proposed on a lot, no other uses as defined in the Zoning By-law shall be permitted on the same lot or within the same building or facility. On-site retail sales is prohibited. v. All activities associated with a medical marihuana production facility shall be carried out in a wholly enclosed building. vi. vii. Outdoor storage of goods, materials, or supplies is prohibited. Loading spaces shall be located in a wholly enclosed building. 2. In the event of a conflict or inconsistency between the provisions in this By-law No and any previously enacted zoning by-law, the provisions of this By-law No shall take precedence and govern. 3. The imperial measurements found in this By-law in brackets are provided for information only and are intended to be an approximate conversion of the metric measurements. The metric or SI measurements shall be deemed to be the standards established by this By-law and, wherever there is a variance between the metric or SI measurements and the imperial measurements, the metric or SI measurement shall apply.

3 Schedules "A" and "B" attached to By-law No are declared to form a part of this by-law. PASSED THIS 7 TH DAY OF JULY, 2014.

4 SCHEDULE "A" TO BY-LAW No This is Schedule ''A" to By-Law No passed by the Council of The Corporation of the Town of Richmond Hill on the 7th Day of July, 2014

5 SCHEDULE "B" TO BY-LAW No This is Schedule "B" to By-Law No passed by the Council of The Corporation of the Town of Richmond Hill on the 7th Day o July, 2014

6 - 4 - THE CORPORATION OF THE TOWN OF RICHMOND HILL EXPLANATORY NOTE TO BY-LAW NO By-law No affects all lands within the Town of Richmond Hill. The purpose of and effect of Zoning By-law No is to establish provisions related to the location and operation of medical marihuana production facilities that are authorized by a license issued by the Minister of Health in accordance with the federal Marihuana for Medical Purposes Regulations (MMPR) S0R