Notice of Decision

NOTICE OF THE PASSING OF ZONING BY-LAW AMENDMENT

Cannabis and Industrial Hemp Production

(File No. AM-05-2024)

TAKE NOTICE that the Council of the Corporation of the Town of Pelham passed By-Law No. 47 (2024) on July 10, 2024, being a by-law which amends Zoning By-law No. 4481 (2022), as amended, under Section 34 of the Planning Act, R.S.O. 1990, as amended.

AND FURTHER TAKE NOTICE that a specified person, public body or the registered owner of any land to which the by-law would apply, who before the by-law was passed made oral submissions at the public meeting or written submissions to Council, or the Minister may appeal to the Ontario Land Tribunal (OLT) in respect of the by-law by filing an appeal with the Clerk of the Corporation of the Town of Pelham not later than Tuesday, July 30, 2024 at 4:30 p.m. A completed "Appellant Form (A1) Planning Act" which must include the reasons for the appeal together with a certified cheque for $1,100.00 payable to the Minister of Finance. An Appellant may request a reduction of the filing fee to $400, if the Appellant is a private citizen or eligible community group. The request for a reduction in the fee must be made at the time of filing the appeal. Please use the OLT Request for Fee Reduction Form.

The Appellant Form (A1) is on the Service Ontario website. Only a specified person, public body or the registered owner of any land to which the by-law would apply who, before the by-law was passed made oral submissions at the public meeting or written submissions to Council, or the Minister may appeal the Zoning By-law amendment to the OLT. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. No specified person or public body shall be added as a party to the hearing of the appeal unless before the by-law is passed the specified person or public body made oral submissions at the public meeting or written submissions to Council, or in the opinion of the OLT, there are reasonable grounds to add the person or public body as a party. An Appellant Form (A1) may not be filed by an unincorporated association or group. However, an Appellant Form (A1) may be filed in the name of an individual who is a member of the association or the group.

Planning staff’s recommendation report was presented to Council on July 10, 2024. The report can be found online at https://events.pelham.ca/meetings.

The explanation of the purpose and effect of the by-law is attached. The complete by-law is available for public review by request via email or at the Town of Pelham Municipal Office, Community Planning & Development Department, located at 20 Pelham Town Square, Fonthill, between the hours of 8:30 am and 4:30 pm.

DATED at the Town of Pelham, this 10th day of July 2024.

HOLLY WILFORD – TOWN CLERK

THE CORPORATION OF THE TOWN OF PELHAM

P. O. BOX 400, 20 PELHAM TOWN SQUARE

FONTHILL, ON L0S 1E0

EXPLANATION OF THE PURPOSE AND EFFECT OF ZONING BY-LAW AMENDMENT (BY-LAW NO. 47(2024))

ZONING BY-LAW AMENDMENT - BY-LAW 47 (2024) is a By-law to amend Zoning By-law 4481(2022), as amended, to incorporate regulations approved by the Ontario Land Tribunal (OLT) to regulate cannabis and industrial hemp production in Pelham.

Changes were made to:

• Section 2: Definitions
  1. Introducing definitions for:
     • Cannabis-Related Use – Indoor and Outdoor;
     • Industrial Hemp-Related Use – Indoor and Outdoor; and
     • Sensitive Land Use.
• Section 4: Parking Provisions
  1. Regulations specific to indoor cannabis and industrial hemp-related uses.

• Section 5: Rural/Agricultural Zones
  1. Update Section 5.1.2 and 5.2.2 to include a setback from sensitive land uses;
  2. Creation of Agricultural Cannabis Zone, Specialty Agriculture Cannabis Zone and Rural Employment Cannabis Zone;
  3. Zone provisions to regulate: lot frontage; lot area; lot coverage; minimum front, side, rear and exterior lot lines; and
  4. Regulations prohibiting a retail store as an accessory use and setback requirements for storage areas.