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October 16, 2018
Pelham, ON – Pelham Town Council unanimously passed an interim control bylaw on October 15, 2018, restricting the use of all land in the municipality for any cannabis-related land uses for a period of one year.
The bylaw, to remain in effect pending the completion of the review of its land use planning policies and regulations, does not affect lands under Development Permit Control of the Niagara Escarpment Commission or any current lawful operations with building permits that were filed with the Town prior to the adoption of the interim control by-law that are deemed complete.
Passing the bylaw allows Town staff, Council, the community, and the industry time to conduct a review in respect to land use planning policies in the municipality, or in any defined areas.
“The most prudent thing to do at this time is take a bit of a pause and work together to solve these issues,” said Mayor Dave Augustyn. “The community has shared their concerns and asked legitimate questions that will take further research to fully review and respond. Enacting this interim control bylaw is the right thing to do for the community.”
Council passed a resolution on October 1, 2018, directing staff to undertake a review of the Town land use planning policies and regulations pertaining to cannabis-related uses and to develop appropriate policies and regulations to manage and control cannabis-related issues to be presented to Council on October 15.
With the passing of the bylaw, its rules and regulations take effect immediately.
The full bylaw reads:
WHEREAS, Section 38 of the Planning Act. RSO 1990, c.P. 13 as amended authorizes the Council a municipality to pass an interim control by-law where the Council has directed that a review or study be undertaken in respect of land use planning policies in the municipality, or in any defined area or areas thereof;
AND WHEREAS Council of the Town of Pelham passed a resolution on October 1st, 2018 directing staff to undertake a review of the Town land use planning policies and regulations pertaining to cannabis related uses and to develop appropriate policies and regulations to manage and control cannabis related uses;
AND WHEREAS the Council of the Town of Pelham has deemed it necessary and expedient to pass this interim control by-law to provide the Town with the time to undertake the review of it land use planning policies and regulations pertaining to cannabis related land uses;
AND WHEREAS the interim control by-law will restrict the use of all land in the municipality, save and except for lands under Development Permit Control of the Niagara Escarpment Commission, for any cannabis related land use for a period of one (1) year, pending the completion of the review of its land use planning policies and regulations;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF PELHAM ENACTS AS FOLLOWS:
1. For the purpose of this By-law:
(a) “Interim Control Area” shall mean all lands within the municipal boundary of the Town of Pelham save and except lands under Development Permit Control Area of the Niagara Escarpment Commission.
2. The provisions of This By-law shall apply to the Interim Control Area.
3. Notwithstanding any other by-law to the contrary no person shall within in the Interim Control area:
(a) Use any land, building or structure for any agricultural, commercial or industrial cannabis purpose whatsoever, except for a use that lawfully existed on the date of the passage of this By-law as long as it continues to be used for such purpose; or
(b) Be permitted to construct, alter or expand any building or structure for any agricultural, commercial or industrial cannabis purpose whatsoever, save and except where such construction, alteration or expansion is a continuation of a lawful use in existence on the date of passage of this By-law.
4. If any provision or requirement of this By-law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this By-law or the application of such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable, shall not be affected thereby, and each provision and requirement of this By-law shall be separately valid and enforceable to the fullest extent permitted by law.
5. This Bylaw shall come into effect and force immediately upon its passing by Council and shall be in effect until 11:59 pm local time on October 15, 2019 unless otherwise extended in accordance with the provisions of the Planning Act, R.S.O., c.P. 13, as amended.
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For more information, please contact:
Marc MacDonald
PR & Marketing Specialist
905-892-2607 x309
mmacdonald@pelham.ca
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