Notice of Passing: By-Law 2022-099-ZO - Cannabis Study

This Notice is to advise you that in accordance with Section 34(18) of the Planning Act 1990, the Council of the Corporation of the Town of Whitchurch-Stouffville at its meeting on September 21, 2022 has made the decision to: PASS BY-LAW 2022-099-ZO: Zoning By-law Amendment (File No. ZBA22.009), for Town of Whitchurch-Stouffville

Explanation Of The Purpose & Effect Of By-Law 2022-099-ZO

The purpose of the Zoning By-law Amendment (File No. ZBA22.009) is to permit, indoor cannabis cultivation, outdoor cannabis cultivation, and cannabis processing in the Town. The Zoning By-law Amendment amends the Town’s Comprehensive Zoning By-law to establish site-specific exceptions through the requirement of a Zoning By-law Amendment on lands designated rural and environment zones and employment zones. The Zoning By-law Amendment establishes site-specific regulations for additional permitted uses, minimum setbacks for properties, and introduces three new definitions of: cannabis cultivation, indoor; cannabis cultivation, outdoor; and, cannabis processing. A map has not been included as By-law 2022-099-ZO applies Town-wide.

All written and oral submissions received by the Town of Whitchurch-Stouffville were considered in the making of this decision.

Filing of the Appeal

Any person may appeal to the Ontario Land Tribunal (OLT) in respect of the by-law by filing with the Clerk of the Town of Whitchurch-Stouffville.

The last date for filing a Notice of Appeal is 21st day of October, 2022. If no appeal is received by this time, the decision is final. A Notice of Appeal must:

  1. Be filed with the Clerk of the Town of Whitchurch-Stouffville;
  2. Set out the reasons for the appeal;
  3. Be accompanied by the fee required by the Ontario Land Tribunal (currently $400 for a private citizen or $1,100 for a corporation, cheque made payable to the Minister of Finance).
  4. In addition, pursuant to By-law No. 2021-112-FI, a processing fee of $251 per Ontario Land Tribunal appeal, payable to the Town of Whitchurch- Stouffville, is required to be paid at the time of filing a Notice of Appeal.

Forms and other information respecting appeals to the Ontario Land Tribunal (OLT) are available on the Ontario Land Tribunal’s website at: https://olt.gov.on.ca/about-olt/.

Personal information that accompanies a submission will be collected under the authority of the Planning Act and may form part of the public record which may be released to the public.

The Ontario Land Tribunal may dismiss an appeal for reasons set out in Section 34(25) of the Planning Act.
Only individuals, corporations and public bodies may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.

A copy of the Zoning By-law Amendment, as well as background information, are available for inspection by contacting Zahrah Khan, Policy Planner II, at cannabis.study@townofws.ca.

DATED at the Town of Whitchurch-Stouffville this 3rd day of October, 2022.
Dwayne Tapp, Director of Development Services, Development Services

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