Lakeshore council would not post the following without seeking a legal opinion on the matter.
Posted November 06, 2014( Lakeshore website)
Council has passed an Official Plan Amendment and Zoning Bylaw Amendment to provide for the establishment of Health Canada licenced facilities, under the new Marihuana for Medical Purposes Regulation (MMPR) and Industrial hemp Regulations at its Special Meeting of November 4, 2014.
Council has provided for the establishment of licenced Hemp facilities in Agriculture designated / zoned lands only and, licensed Marihuana facilities in Employment designated/ zoned lands only. All proposals for these facilities will be considered on a site specific basis (a zoning by-law amendment is required to permit these facilities).
Council’s decision on the Official Plan Amendment (OPA No. 6) will be forwarded to the County of Essex, the Upper Tier Municipality, for consideration and approval. The County will publish a decision on OPA No. 6 in the near future, with a 20 day appeal period. The Zoning By-law does not come into effect until the Official Plan Amendment has been approved by the County and is in “full force and effect”.
The subject North Rear Road properties are zoned and designated Agricultural and the current structures are consistent with the designation and zone. However, the growing or processing of medical marihuana at these sites would not be permitted under their current zoning. An applicant would be required to apply for a Re-zoning of the site .They are not ‘grandfathered’ under the Council amendment.
