2024-098 A By-law to Amend Zoning By-law 97-95, as amended (Cannabis Production and Processing Facilities)The Corporation of the Township of Oro-Medonte
By-law No. 2024-098
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 Nos. PL200194 and 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 is further
amended as follows:
1. Schedule `A2' 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 Lot 26 and Part of
Lot 27, Concession 3 (Oro) Township of Oro-Medonte, County of Simcoe, from the
Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 358 Hold [A/RU*358 (H)]
Zone, as shown on Schedule "A" attached and forming part of this By-law.
2. Section 7.0 to Zoning By-law 97-95, as amended, is hereby further amended by adding
the following subsections:
"7.358 *358 — Part of Lot 26 and Part of Lot 27, Concession 3 (Oro), Township of Oro-Medonte
1. On the lands denoted by the symbol *358 on Schedule 'A' to this By-law:
a) Notwithstanding Table A4-Permitted Uses, one single detached dwelling is
permitted;
b) Notwithstanding Section 6 — Definitions for Agricultural Use and Agricultural Use,
Specialized, the outdoor and indoor growing and production of Cannabis are
permitted, including processing activities related to harvesting, sorting, trimming,
drying and storing of Cannabis;
c) Notwithstanding Table A4 - Permitted Uses, in addition to the permitted uses of
the Agricultural/Rural (A/RU) Zone, a Cannabis Production and Processing
Facility is permitted;
d) Onsite retail packaging and retail sale of Cannabis are prohibited;
e) A new building containing a maximum of 9,290 square metres (100,000 square
feet) of floor area devoted to the indoor growing of Cannabis plants restricted to
a non -flowering state of vegetation only, plus any additional floor area devoted to
operations ancillary thereto (such as storage, drying and/or fertigation of
Cannabis, and irrigation and other farming equipment), is permitted, as are all
buildings and structures existing on the effective date of this By-law, and any new
buildings and structures in accordance with By-law 97-95 as amended by this By-
law exception; ;
f) Minimum setbacks of Table B4-C apply to lands within the Agricultural/Rural
Exception 358 Hold [A/RU*358 (H)] Zone, except that such setbacks run from lot
lines and not from Exception boundaries.
g) Notwithstanding any other provisions of this By-law to the contrary, the following
provisions shall apply as delineated by the Agricultural/Rural Exception 358 Hold
[A/RU*358 (H)] on Schedule 'A':
The outdoor growing of Cannabis shall be permitted within the area of this
Exception as shown on Schedule "A".
2. The setbacks are detailed in Schedule 'B' to this By-law.
3. Conditions for Removal of Holding Provision:
The Holding Provision shall apply only for the purposes of regulating a building or structure
constituting a Cannabis Production and Processing Facility that is developed after the effective
date of this By-law, and upon application by the landowner, 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, if applicable, to the satisfaction of the Township of Oro-Medonte, in
consultation with the landowner. Notwithstanding the foregoing, no odour
mitigation measures are required for the growing and production of Cannabis
plants in a non -flowering state of vegetation.
Ontario Land Tribunal Decision issued on July 17, 2024 and Ontario Land Tribunal Order issued
on Jul r�1-!� 2024 in OLT-22-002249 (formerly PL200194).
CleYvonne Aubichon
Schedule 'A'
To By-law No. 2024-098
TN/
7 Subject Lands
Lands to be zoned from Agricultural/Rural (A/RU) Zone to
Agricultural/Rural Exception 358 Hold (A/RU*358 (H))
Zone
Map North
Schedule `B'
To By-law No. 2024-098
True North
rr
1-
William St.
OS co
Setback Lines
n Subject Lands
Lands to be zoned from Agricultural/Rural (A/RU) Zone to
Agricultural/Rural Exception 358 Hold (A/RU*358 (H)) Zone
All directions indicated below are based on Map North direction and not True
North
West Setback (Line 21
A line parallel to Line 2 that is either: (i)172 metres east of the Line 2 Road
Allowance: or (ii) 130 metres east from the existing eastern most main residential
house, whichever is closer to Line 2.
South Setback (Rail Trail(
A line that is parallel to the rail trail that is 150 metres north of the rail trail
property line The distance shall be measured from the most southern part of the
northern boundary of the rail trail property line.
fast Setback (Line 31
Unless otherwise specified. 12 metres from the Line 3 Road Allowance
The references to 130 metres are from the existing main residential houses west
of Line 3, and no such setback is to extend north of the most southern part of the
existing dwelling (farmhouse) on the subject property