2018-109 Impose interim control on the use of lands, buildings and structures under Section 38 of the Planning Act within the geographic boundaries of the Township of Oro-MedonteThe Corporation of the Township of Oro-Medonte
By -Law No. 2018-109
A By-law to impose interim control on the use of lands, buildings, and structures
under Section 38 of the Planning Act within the geographic boundaries of the
Township of Oro-Medonte
Whereas Section 38 of the Planning Act provides that where the Council of a local
municipality has by By-law or resolution, directed that a review or study be undertaken
in respect of land use planning policies in the municipality or in any defined area or .
areas thereof, the Council of the municipality may pass a By-law to be in effect for a
period of time specified in the By-law, which period shall not exceed one year from the
date of passing thereof, prohibiting the use of land, buildings or structures within the
municipality or within the defined area or areas thereof, or except for, such purposes as
are set out in the By-law;
And Whereas on November 14, 2018 the Council of the Corporation of the Township of
Oro-Medonte passed Motion No. C181114-21 which stated that:
(1) Council direct Township Planning Staff to undertake a study of the land use
planning policies in the Agricultural/Rural Zone in order to determine whether
those Zoning policies and provisions should be amended to address land use
planning compatibility issues that were not studied at the time that the
Agricultural/Rural (A/RU) Zoning was put in place; and,
(2) That Township staff to bring forward a By-law under Section 38(1) of the
Planning Act to be in effect for a period of one year, to prohibit the use of any
lands in the Agricultural/Rural Zone for the purposes of the growing of marijuana
and any related activities.
And Whereas the Council of the Corporation of the Township of Oro-Medonte deems
necessary and expedient to enact this Interim Control By-law to provide the Township
with time to undertake the review referenced above;
Now Therefore the Council of the Corporation of the Township of Oro-Medonte enacts
as follows:
1. For the purposes of this By-law:
(a) "Council' shall mean the Council of The Corporation of the Township of Oro-
Medonte;
(b) "Township" shall mean the Corporation of the Township of Oro-Medonte;
(c) "Interim Control Area" shall mean all lands within the municipal boundary of
the Township of Oro-Medonte;
(d) "Commercial or Industrial Cannabis" shall mean any cannabis production
facility or cannabis processing facility, including greenhouses, licensed by
Health Canada under the Cannabis Act.
2. Notwithstanding the permitted uses and regulations of By-law No. 97-95, as
amended, no person shall within the Interim Control Area:
(a) Use any land, building, or structure for any commercial or industrial cannabis
purpose whatsoever, except for a use that lawfully existed on the date of the
passage of this By-law as long as it continues to be used for such purposes;
or,
(b) Be permitted to construct, alter or expand any building or structure for any
commercial or industrial cannabis purpose whatsoever, save and except
where such construction, alteration or expansion is a continuation of a lawful
use in existence on the date of passage of this By-law.
3. If any provision or requirement of this By-law or the application thereof to any
person shall to any extent be held to be invalid or unenforceable, the remainder
of this By-law or the application of such provision or requirement to all persons
other than those to which it is held to be invalid or unenforceable, shall not be
affected thereby, and each provision and requirement of this By-law shall be
separately valid and enforceable to the fullest extent permitted By-law.
4. As this By-law affects all lands within the geographic boundaries of the Township
of Oro-Medonte, there is no Schedule "A" affixed hereto.
5. This By-law shall take effect on the final passing thereof and shall be in effect
until December 12, 2019 unless otherwise extended in accordance with the
provisions of the Planning Act, R.S.O. 1990, c.P. 13, as amended.
By -Law Read a First, Second and Third time, and Passed this 12th day of
December, 2018.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. H ghes
Way