BYLAW - ZBA Medical Marihuana Production Use - 20150526 - 573215THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5732-15
BEING A BY-LAW to amend
Zoning By-law Number 2213-78,
as amended (Medical Marihuana
Production Use).
WHEREAS section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended,
provides that the councils of local municipalities may pass zoning by-laws;
AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town")
enacted By-law Number 2213-78, including amendments thereto (the "Zoning By-
law");
AND WHEREAS the Council of the Town enacted By-law Number 5626-14 on May
27, 2014, being a by-law to prohibit the use of the Town's Employment Zones for
Medical Marihuana Production Use for a period of one year;
AND WHEREAS the Town has undertaken a study to determine the appropriate
locations and zoning provisions to regulate Medical Marihuana Production Use;
AND WHEREAS the Council of the Town deems it necessary and expedient to
amend the Zoning By-law in order to regulate Medical Marihuana Production Use;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT the Zoning By-law be and is hereby amended to add the following:
"27.D.19 MEDICAL MARIHUANA PRODUCTION USE
27.13.19.1 "Medical Marihuana Production Use" means the use of land,
buildings, or structures for the purpose of growing, cultivating,
drying, harvesting, packing, processing, testing, treating, storing,
shipping, and/or selling "marihuana", "dried marihuana", or
"cannabis", as defined by Health Canada under Regulation
SOR/2013-119, and includes facilities used for such purposes.
27.D.19.2 Medical Marihuana Production Use shall only be permitted on
the lands zoned Business Park (BP) Zone and Business Park
(BP) Exception Zone, subject to the following:
i) Medical Marihuana Production Use shall have a minimum
distance separation of 150 metres from any zone other
than a Business Park (BP) Zone and Business Park (BP)
Exception Zone.
ii) Medical Marihuana Production Use shall have a minimum
distance separation of 150 metres from any sensitive land
use, such as but not limited to: dwelling units, long term
care facilities, public schools, private schools, day
nurseries, community centres, parks, places of worship
and hospitals. For the purpose of this provision, minimum
distance separation is the closest distance measured from
the lot line on which the sensitive land use is located to
the lot line of the lot on which the Medical Marihuana
Production Use is located.
Despite the required minimum distance separation noted
above, no Medical Marihuana Production Use lawfully
established under these provisions shall be deemed to be
in violation under this section by the subsequent location
of a sensitive land use constructed on another lot.
By-law Number 5732-15
Page 2 of 3
iii) Medical Marihuana Production Use shall have a minimum
distance separation of 150 metres from one another,
measured from the closest lot line to the closest lot line.
iv) A lot containing a Medical Marihuana Production Use
shall not be used for any other purpose.
v) Retail is prohibited on any lot which a Medical Marihuana
Production Use is located.
vi) Advertising is prohibited on any lot which a Medical
Marihuana Production Use is located.
vii) All activities associated with a Medical Marihuana
Production Use shall be carried out in a wholly enclosed
building.
viii) Outdoor storage of goods, materials or supplies is
prohibited on any lot which a Medical Marihuana
Production Use is located.
ix) Loading Spaces for a Medical Marihuana Production Use
shall be located in a wholly enclosed building.
27.13.19.3 Notwithstanding the provisions of Section 27.D.19.2, Medical
Marihuana Production Use shall not be permitted on the lands
zoned Business Park Holding (H)(BP-3) Exception Zone and
Business Park (BP-3) Exception Zone."
2. THAT this By-law shall come into full force subject to compliance with the
provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and
subject to compliance with such provisions, this By-law will take effect from the
date of final passage hereof.
READ A FIRST AND SECOND TIME THIS 26th DAY OF MAY, 2015.
READ A THIRD TIME AND FINALLY PASSED THIS 26b' DAY OF MAY, 2015.
Approvedas to _Form
By Lega[Seruues
Stynature U(&- A 4 ov,
Date: M_�� 20I s
�l�ricu,
GEOFFREY DAWE, MAYOJ
TOWN CLERK
By-law Number 5732-15 Page 3 of 3
Explanatory Note
Re: Zoning By-law Number 5732-15
By-law Number 5732-15 has the following purpose and effect:
To amend By-law Number 2213-78, as amended, being the Zoning By-law in effect in
the Town of Aurora, to regulate the location and zoning standards with respect to
Medical Marihuana Production Use.