By-Law Number 0688/2020
Being A By-Law To Amend Township Of Addington Highlands Zoning By-Law Number 0212/2006
Whereas Zoning By-Law No. 0212/2006, as amended, was passed under the authority of Section 34 of the Planning Act, R.S.O. 1990, as amended, and regulates the use of land and the use and erection of buildings and structures within the Township of Addington Highlands;
And Whereas the Council of the Township of Addington Highlands deems it advisable to amend Zoning By-Law No. 0212/2006;
And Whereas the matters herein are in conformity with the provisions of the Official Plan for the Township of Addington Highlands and the Official Plan for the County of Lennox and Addington;
Now Therefore the Council of the Corporation of the Township of Addington Highlands enacts as follows:
- That Section 2 of the Zoning By-law is amended by revising certain definitions, as follows:
“Agriculture / Agriculture Use” means the use of land, buildings or structures for the purposes of the growing of field crops, flower gardening, truck gardening, berry crops, tree crops, nurseries, aviaries, apiaries or farms for the grazing, breeding, raising, boarding of livestock or any other similar uses carried on in the field of general agriculture, including the sale of such produce crops or livestock on the same lot, but shall not include the cultivation of cannabis.
“Farm” means land used for the tillage of soil and the growing of vegetables, fruits, grains, maple syrup, and other staple crops. This includes the use of land for such activities as a nursery farm, raising of animals, dairying, fish farming, or woodlots but does not include the cultivation of cannabis.
“Greenhouse, Commercial” means a building or structure for the growing of flowers, fruits, vegetables, plants, shrubs, trees and similar vegetation, excluding cannabis, which are not necessarily planted outdoors on the same lot containing such greenhouse, and which are sold directly from such lot at wholesale or retail.
“Manufacturing, Light” means a plant which is wholly enclosed and the process of producing a product exhibits reasonably high performance standards and whose operations are not considered offensive because or heat, smoke, noise or dust. This does not include a Cannabis Production Facility.
“Manufacturing, Processing, Assembling or Fabricating Plant” means a plant in which the process of producing any product, by hand or mechanical power and machinery, is carried on systematically with division of labour. This does not include a Cannabis Production Facility.
“Nursery Farm” means an agricultural area where plants, trees or shrubs are grown for transplanting or for use as stocks for budding and grafting for sale on a wholesale basis and, further, may include greenhouses or similar facilities or uses directly incidental to the growing of such plants, trees and shrubs but shall not include a garden and nursery sales and supply establishment, Cannabis Production Facility, or any other use or establishment as may otherwise be defined herein.
- That Section 2 of the Zoning By-law is amended by adding the following definition:
“Cannabis” means cannabis as defined by the Cannabis Act (Canada) and any subsequent regulations or acts which may be enacted in substitution therefor.
“Cannabis Production Facility” means lands, buildings or structures where Cannabis, Cannabis seed or Cannabis oil is grown, processed, extracted, packaged or otherwise made ready for sale or use, tested, destroyed, stored and/or shipped in accordance with the provisions of a licence or registration issued by Health Canada, as may be amended from time to time, but shall not include any property which is not licenced by Health Canada and on which Cannabis is grown exclusively for personal use by the owner of the property in accordance with all applicable law. This use does not include the retail sale or dispensing of cannabis.
“Cannabis Production, Personal” means lands, buildings or structures where Cannabis, Cannabis seed or Cannabis oil is grown, processed, extracted, destroyed, stored and/or packaged or otherwise made ready for the exclusive use by the owner or occupant in accordance with the provisions of a registration issued by Health Canada, as may be amended from time to time, but shall not include a Cannabis Production Facility.
“Sensitive Land Uses” means:
- Lands within a Residential Zone, including but not limited to a Rural Residential zone, a Residential Limited Service zone or a Hamlet Residential zone;
- Lands within the Community Facility Zone; or
- Residential use not accessory to an industrial use, cemetery, school, hospital, day nursery, nursery school, library, community facility, resort establishment, retirement home, place of worship, assembly hall, auditorium, cabin, cabin establishment, camping establishment, community centre, cottage establishment, golf course, golf course (miniature), hotel, mobile home park, motel, motor hotel, nursing home, park, summer camp, tourist establishment, and/or a trailer park.
- That Section 4 General Provisions of the Zoning By-law is amended by adding the following new subsection in alphabetical order and renumbering all subsequent sections:
3.2 Cannabis Production Facility
A ‘Cannabis Production Facility’ is permitted in a zone where listed as a permitted use.
Notwithstanding any other provision of this By-law, no person shall use any land or erect any building or structure for the purpose of a Cannabis Production Facility except in accordance with the following:
- All operations associated with a Cannabis Production Facility must be located in a wholly enclosed building, including shipping and receiving operations;
- A Cannabis Production Facility is required to be equipped with an air treatment control system to eliminate the migration of cannabis odour outside of the property on which the facility is located;
- Outdoor storage is prohibited on the property in which the Cannabis Production Facility is located;
- A physical barrier (i.e. fencing or similar) around the perimeter of the property or facility is required to prevent unauthorized access;
- No lands, buildings or structures or portion thereof used for a Cannabis Production Facility may be located closer than 300 metres to the lot line occupied by a Sensitive Land Use, or within 300 m of the lot line of a property in a Rural Zone not occupied by a Sensitive Land Use but on which a Sensitive Land Use is permitted. This distance shall be measured as a straight line from the Cannabis Production Facility to the closest property line of the Sensitive Land Use.
- A building or structure used for security purposes shall be governed by the Accessory Uses provisions of this By-law;
- An accessory retail use is not permitted;
- Where serviced by a private water supply, the owner(s) will be required to provide confirmation that there is sufficient water for daily usage and adequate fire suppression. On a private septic system or other on-site disposal system the owner(s) will be required to confirm that discharge from facilities can be safely treated in a private septic system or alternative. If discharge or treatment of product requires off site handling the owner will provide documentation of agreements with approved waste handlers. All such requirements will be to the satisfaction of the Township, in consultation with external agencies or ministries, as deemed appropriate by the Township.
- 4.2 Cannabis Production, Personal
Cannabis Production, Personal is permitted in accordance with the following
- Within the Rural Zone, cannabis may be grown indoors, whether in the primary dwelling or in a building or structure accessory to the residential use, with the maximum area allowed for the use limited to 50 sq.m.;
- Where cannabis is grown indoors and there are more than four plants, such use shall be no closer than 70 m to any other Sensitive Land Use or within 70 m of the lot line of a property on which a Sensitive Land Use is permitted. Where there are four plants or less, the setbacks for the building or structure in which it is located must be satisfied.
- Cannabis may be grown both indoors and outdoors in the Rural Zone.
- Within the Rural, Rural Residential, Residential Limited Service and Hamlet Residential Zones, cannabis may be grown outdoors, to a maximum of 25 plants.
- Where cannabis is grown outdoors, the plants must be grouped together in one location.
- Where cannabis is grown outdoors, the area used for growing must meet the minimum yard requirements for the primary use of the property.
- That Section 4.19, subsection 4.19.1 of the Zoning By-law, entitled Parking Area Regulations is amended by adding the following
Cannabis Production Facility – 1 parking space per 38 sq.m. of gross floor area or portion thereof.
- That Section 5, subsection 5.1, entitled Rural Zone – Permitted Uses is amended by deleting “Greenhouses” as a permitted use and replacing it with “Greenhouse, Commercial”.
- That Section 16, subsection 16.1, entitled Light Industrial – Permitted Uses is amended by adding the following use:
Cannabis Production Facility
- That Section 17, subsection 17.1, entitled General Industrial – Permitted Uses is amended by adding the following use:
Cannabis Production Facility
- That this By-Law shall come into effect and force on the date of passing thereof, subject to the appeal provisions of the Planning Act.
Read a first time this 4th day of August 2020
Read a second time this 4th day of August 2020
Read this third time and passed this 1st day of September 2020