2023-091 By-law to Amend Zoning By-law 97-95 as amended Cannabis Production and Processing Facilities OLT Order . it 0 ii
Township of
Proud Heritage, Exciting Future
By-Law 2023-091
Enacted Pursuant to Ontario Land Tribunal Decision and Order for
Case No. OLT-22-002249 (formally PL200194) Issued on
September 8, 2023.
Amends By-Law No. 97-95.
Repeals, in part, By-Law No. 2020-046 re: property at 250 Ridge Road
West (10982377 Canada Inc.) which specifically modified By-law 2020-046
as outlined in Paragraph 54, Sub 2, Sub 4 and Sub 6.
148 Line 7 South : (705) 487-2171 _
medontexa
Oro- eonte L0 2 0 : (705) 487-01 '
25 OLT-22-002249
ATTACHMENT 1
The Corporation of the Township of Oro-Medonte
By-law No. 2023-### 091
A By-law to Amend Zoning By-law 97-95, as amended
(Cannabis Production and Processing Facilities)
Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered
to pass By-laws to regulate the use of land pursuant to Section 34 of the Planning Act,
R.S.O. 1990, c. P.13.
And Whereas following a review of the land use policies in the Township related to
Cannabis Production and Processing Facilities, and having provided adequate
information to the public and having held at least one Public Meeting, Council deemed it
appropriate to adopt By-law 2020-046, being a By-law to Amend Zoning By-law 97-95,
as amended, in accordance with the policies of the Official Plan;
And Whereas Council's adoption of By-law 2020-046 was appealed to the Ontario
Land Tribunal (File No. OLT-22-002249) pursuant to Section 34(19) of the Planning Act,
R.S.O., c. P. 13; and the Ontario Land Tribunal held a series of hearing events with
respect to the appeals;
Now Therefore pursuant to the Order of the Ontario Land Tribunal, By-law 97-95 as
further amended as follows:
1. That Section 3.0 Table A3 — Industrial Zones Permitted Uses is amended by adding
"Cannabis Production and Processing Facility' to the permitted uses in the Rural
Industrial (IR) and Economic Development (ED) Zones.
2. That Section 4.0 Table B3 — Standards for Industrial Zones is amended by the
addition of the following:
"Special Provisions:
1. A Cannabis Production and Processing Facility" In the Economic Development
(ED) Zone or the Rural Industrial (IR) Zone shall also be subject to the following
provision:
Minimum setback from a Sensitive Land Use 150 metres"
26 OLT-22-002249
3. That Section 6.0 — Definitions is hereby amended by:
a) Adding the following new definitions:
"Cannabis
Means the definition of Cannabis as set out in the Cannabis Act, S.C. 2018, C.
16. For clarity, "Cannabis" also includes "industrial hemp" as defined in the
Industrial Hemp Regulations, SOR12018-145."
"Cannabis Production and Processing Facility
Means any building, structure or land in or upon which is carried out any activity
authorized pursuant to the Cannabis Act, S.C. 2018, c. 16 or the Controlled
Drugs and Substances Act, S.C. 1996, c. 19, and any regulations made pursuant
to these statutes.
For clarity, a Cannabis Production and Processing Facility does not include: the
production of up to four (4) Cannabis plants at any one time in a dwelling house;
the production of Cannabis by a person who is authorized by Health Canada to
produce Cannabis for their own medical purposes; or the production of Cannabis
by a person who has been designated to produce Cannabis for the medical
purposes of a person registered with Health Canada in accordance with the
Cannabis Act, the Controlled Drugs and Substances Act or any regulations made
pursuant to these statutes."
"Sensitive Land Use
Means an existing residential building, existing place of worship building, or
lands containing or zoned to permit a public or private school, a day nursery, a
public park, a public trail or a community centre."
b) Adding the following sentence at the end of the definition of"Agricultural Use":
"An Agricultural Use does not include a Cannabis Production and Processing
Facility or the outdoor growing of Cannabis."
c) Adding the following sentence at the end of the definition of"Agricultural Use,
Specialized": "A Specialized Agricultural Use does not include a Cannabis
Production and Processing Facility or the outdoor growing of Cannabis."
4. Schedule `A4' to Zoning By-law 97-95, as amended, is hereby further amended by
changing the zone symbol applying to the lands located in Part of West Half of Lot 24
and Part of Lot 25, Concession 7 (Oro) Township of Oro-Medonte, County of Simcoe
(PIN 58550-0204 LT), from the Agricultural/Rural Exception 201 (AIRU*201) Zone to
Agricultural/Rural Exception 201 (Holding) (A/RU*201 (H)) Zone, as shown on
Schedule "A" attached and forming part of this By-law.
27 OLT-22-002249
5. Section 7.0 to Zoning By-law 97-95, as amended, is hereby further amended by
deleting the text in Section 7.201 and replacing it with the following text:
7.201 *201 -- Part of West Half of Lot 24 and Part of Lot 25, Concession 7 (Oro),
Township of Oro-Medonte
1. On the lands denoted by the symbol *201 on the schedule to this By-law:
a) Notwithstanding Table Al-Permitted Uses, a single detached dwelling is
not permitted;
b) Notwithstanding Section 6 -- Definitions for Agricultural Use and
Agricultural Use, Specialized, the outdoor growing of Cannabis is
permitted;
c) Notwithstanding Table A4 - Permitted Uses, in addition to the permitted
uses of the Agricultural/Rural (AIRU) Zone, a Cannabis Production and
Processing Facility is permitted;
d) Notwithstanding any other provisions of this By-law to the contrary, the
following provisions apply:
i. For a Cannabis Production and Processing Facility:
- Minimum Front Yard 94 metres
- Minimum Rear Yard 15 metres
- Minimum Westerly Interior side Yard 79 metres
- Minimum Easterly Interior Side Yard 15 metres
ii. For the outdoor growing of Cannabis:
- Minimum distance from all lot lines 12 metres
2. Conditions for Removal of Holding Provision:
The Holding Provision shall apply only for the purposes of regulating a
Cannabis Production and Processing Facility and associated structures and
features; and, upon application by the landowner, may be removed by way of
an amending Zoning By-law, from all or part of the lands subject to this
provision when the following condition has been satisfied:
a) That the landowner apply for and obtain Site Plan Approval pursuant to
Section 41 of the Planning Act, including entering into a Development
Agreement and providing any securities required by said Agreement,
addressing matters including but not limited to stormwater management,
and the mitigation of odour, light and noise impacts, to the satisfaction of
the Township of Oro-Medonte."
28 Oi_T-22-002249
6. That all Cannabis Production and Processing Facilities will be subject to site plan
control pursuant to Section 41 of the Planning Act.
29 OLT-22-002249
Schedule "A"
To By-Law No. 2023-### -091
The Corporation of the
Township of Oro-Medonte
i
N
i
Ridge R
1
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Lands Rezoned to Agricultural/Rural Exception 201 (Holding)
(AIRU*201 (H))
Existing Environmental Protection (EP) Zone
Enacted Pursuant to Ontario Land Tribunal Decision and Order for Case
No. OLT-22-002249 (formally PL200194) Issued on September 8, 2023.
Ja tte Teeter, Deputy Clerk