Cannabis Amendment – Town of Pelham Zoning By-law

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.

Notice of Public Meeting

Zoning By-law Amendment re Cannabis

Date: Wednesday June 26, 2024 at 6:00 PM

Place: This hearing will be a hybrid (virtual/in person) meeting.

Virtual Participation: Zoom Webinar / YouTube Livestream

In-person Participation: Meridian Community Centre, Accursi Room - 100 Meridian Way, Fonthill

Town Council approved hybrid meetings via By-law No. 4507 (2022). The Town of Pelham live webcast of the Public Meeting will be streaming at:

https://www.youtube.com/user/TownOfPelham/live

File Number: AM-05-2024

Public Meeting for Zoning By-law Amendment in accordance with Section 34 of the Planning Act, R.S.O. 1990, as amended.

The Town of Pelham is initiating a Zoning By-law Amendment to incorporate regulations approved by the Ontario Land Tribunal (OLT) for cannabis and industrial hemp production in Pelham.

Changes are proposed 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
     1. Regulations prohibiting a retail store as an accessory use and setback requirements for storage areas.

Your Input is Encouraged: The Town of Pelham would appreciate receiving your written and/or verbal comments regarding this application. Unless indicated otherwise, personal information and all comments will become part of the public record and may be publicly released. To provide input in writing, or to request personal notice if the proposed amendment is approved, please submit your correspondence or request by 12:00 PM on Monday, June 17, 2024 for inclusion in the public meeting agenda package c/o Town Clerk, William Tigert, PO Box 400, 20 Pelham Town Square, Fonthill, Ontario L0S 1E0, or by email at SLeach@pelham.ca. Comments and requests received after this date will still be received by Council, however they may not be published as part of the public meeting agenda.

Verbal comments will be received by the Town at the public hearing via virtual or in-person participation. To provide verbal comments virtually at the hearing, please pre-register with the Town Clerk by sending an email to SLeach@pelham.ca before 12:00pm noon on Friday June 21, 2024. Zoom webinar registration information and procedure will be provided. To provide verbal comments in-person at the Public Meeting, pre-registration is encouraged but not required. Registrants will be notified of Council’s Decision. If you have not submitted written comments and wish to submit a comment live during the meeting, you may livestream the meeting from the Town of Pelham’s YouTube channel and e-mail comments to clerks@pelham.ca during the public portion of this application only. If your comments are not received during the public portion of the meeting, they will not be considered.

Need More Information: For more information, please contact Lindsay Richardson, Policy Planner, by email at lrichardson@pelham.ca or at 905-980-6675 or 905-892-2607 ext. 335. A copy of the staff report regarding the proposed applications as well as any additional information may be obtained on the Town’s website at www.pelham.ca/zblcannabis or at Town Hall by appointment after 12:00 PM on Friday June 21, 2024.

IMPORTANT INFORMATION: If a person or public body would otherwise have an ability to appeal the decision of the Town of Pelham’s Municipal Council to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written statements to the Town of Pelham before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Town of Pelham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

Dated at the Town of Pelham, this 6th day of June, 2024.

William Tigert

Town Clerk

Date of Posting: June 6, 2024

Status of Cannabis Zoning By-law Amendment

Council received Report #2024-0133 Status of Cannabis Zoning By-law Amendment and directed staff to initiate a technical process to amend the Comprehensive Zoning By-law to incorporate cannabis zoning provisions and bring it into alignment with the Town of Pelham Official Plan. In order to incorporate the OLT-approved zoning changes into the Comprehensive Zoning By-law and bring it into alignment with the Official Plan, it is necessary to undertake a technical process to amend the Comprehensive Zoning By-law. Public consultation is required to amend the Comprehensive Zoning By-law. Following the public consultation process, the proposed amendments will be presented to Council for approval.