NOTICE OF PUBLIC HEARING 6:00 p.m., Monday, July 14th, 2014 Multi-Purpose Room, Nelson Community Recreation Complex 305 Hall Street, Nelson NOTICE is hereby given that a Public Hearing will be held at the date and location as noted above to receive representations from all persons who deem it in their interest to make representations regarding the following: Bylaws 2397, 2398, 2404, 2405 and 2406: Being general bylaw amendments to Electoral Area G Rural Land Use Bylaw No. 1335, Regional District of Central Kootenay Zoning Bylaw No. 1675 (Electoral Areas F, I, J and K), Electoral Area A Comprehensive Land Use Bylaw No. 2315, Electoral Area B Comprehensive Land Use Bylaw No. 2316 and Electoral Area C Comprehensive Land Use Bylaw No. 2317 for the purposes of providing definitions for Licensed Medical Marihuana Production and Research Facilities and general regulations pertaining to minimum lot size, lot coverage, and setback requirements within all agricultural and Industrial zones within defined areas of the Regional District of Central Kootenay. The Public Hearing will be chaired by Director Hans Cunningham, Electoral Area G, as delegated by the Board. Written submissions for or against the proposed amendment can be read, or verbal submissions made, at the Public Hearing. If you are unable to attend the Hearing, written submissions must be delivered to the Regional District of Central Kootenay, prior to 4:00 pm on the July 13 th. All written submissions are public information pursuant to the Freedom of Information and Protection of Privacy Act. Submissions may be delivered to: Regional District of Central Kootenay, Box 590, 202 Lakeside Drive, Nelson, BC V1L 5R4 by mail or hand, by fax (250) 352-9300 or by email plandept@rdck.bc.ca. Please direct enquiries to Meeri Durand at (250) 352-8162 or tollfree 1-800-268-7325, email mdurand@rdck.bc.ca. The proposed bylaws may be inspected from June 25, 2014 to July 14, 2014 both inclusive, on the web: www.rdck.bc.ca and at the locations and times as follows: Regional District of Central Kootenay 202 Lakeside Drive, Nelson, B.C., 8:30 am to 4:30 pm, Monday to Friday, closed statutory holidays; Nakusp Building Office, Regional District of Central Kootenay, 204 6 th Avenue NW, Nakusp, B.C., 8:30 am to 10:00 am, Monday, Tuesday, Thursday and Friday; Creston Building Office, Regional District of Central Kootenay, 531B 16th Ave., South, Creston, B.C. 8:00 am to 4:00 pm Monday to Friday, closed statutory holidays. DATED at Nelson, B.C. this 25th day of June, 2014. Anitra Winje Manager of Administrative Services W:\Departments\Plandept\REZONING-4600\01 General\Z1403- Bylaw2397_Amend1335\2014-06-24-Z1403-PH_Ad.doc
RDCK Board Resolution 360/14 (June 19, 2014) 1. "Regional District of Central Kootenay Bylaw No. 2397, 2014" being a bylaw to amend Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw No. 1335, 1998 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 2. "Regional District of Central Kootenay Bylaw No. 2398, 2014" being a bylaw to amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 3. "Regional District of Central Kootenay Bylaw No. 2404, 2014" being a bylaw to amend Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 4. "Regional District of Central Kootenay Bylaw No. 2405, 2014" being a bylaw to amend Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 5. "Regional District of Central Kootenay Bylaw No. 2406, 2014" being a bylaw a bylaw to amend Regional District of Central Kootenay Electoral Area C Comprehensive Land Use Bylaw No. 2317, 2013 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 6. In accordance with RDCK Board Resolution 225/05, Electoral Area 'G' Director Hans Cunningham is hereby delegated the authority to chair the Public Hearing
REGIONAL DISTRICT OF CENTRAL KOOTENAY COMMITTEE REPORT DATE OF REPORT: DATE & TYPE OF MEETING: June 18, 2014 Rural Affairs Committee AUTHOR: Meeri Durand, Planning Manager SUBJECT: IMPLEMENTATION OF MEDICAL MARIHUANA REGULATIONS FILE: 4800-20-MMG SECTION 1: EXECUTIVE SUMMARY The purpose of this report is to consider general bylaw amendments to Electoral Area G Rural Land Use Bylaw No. 1335, Regional District of Central Kootenay Zoning Bylaw No. 1675, Electoral Area A Comprehensive Land Use Bylaw No. 2315, Electoral Area B Comprehensive Land Use Bylaw No. 2316, and Electoral Area C Comprehensive Land Use Bylaw No. 2317. If successful, the proposed amending bylaws would provide clarification as to the definition of a Licensed Medical Marihuana Production Facility (LMMPF), Licensed Medical Marihuana Research and Development Facility (LMMRF) and provide general regulations pertaining to minimum site area, site coverage, setbacks and height requirements. Bylaw amendments pertaining to requirements for a development permit for LMMPF s and LMMRF s is not being pursued at this time due to outstanding concerns regarding discrimination of farm use. SECTION 2: BACKGROUND / ANALYSIS In 2011, Health Canada introduced proposed changes to federal policy for the production of medical marihuana. The Marihuana for Medical Purposes Regulations (MMPR) were published in June 2013 and are now in force. For a period of time, since April 2014 the MMPR will be in force along with the Medical Marihuana Access Program (MMAP). The MMAP ended on March 31 st, 2014 at which time it was expected that only the MMPR will be in force. In March 2014, RDCK staff provided the Board with several options with regard to regulating the form and character of proposed licensed medical marihuana facilities through general development regulations and development permit areas. These proposed regulations were sent on referral to various government agencies, local advisory planning commissions, and local area directors during the month of May 2014. As a result of referral comments and emerging information from Health Canada and Provincial Ministries, RDCK staff are now focused solely on amending the general regulations in those areas that have land use regulation in the form of zoning due to outstanding concerns regarding discrimination of farm use and the validity of using development permit area powers to regulate specific farm uses as presented. Since April 2014, there has been an injunction on the implementation of the Marihuana for Medical Purposes Regulations (MMPR) and both programs continue to run concurrently until a decision is made as to the Medical Marihuana Access Program (MMAP). Health Canada continues to adjudicate applications under the Marihuana for Medical Purposes Regulation (MMPR), although to date, the RDCK has not been notified of a commercial license being successfully obtained within our area.
Implementation of Licensed Medical Marihuana Regulations Page 2 Recently, staff has been provided opportunity to view the community impacts associated with a licensed facility as presented by the New York Times. It is encouraged that committee members view the article, and efforts will be made to ensure it is presented at the committee meeting: http://www.nytimes.com/2014/05/25/business/international/when-cannabis-goescorporate.html?_r=0 Proposed Regulations and Development Permit Requirements TABLE 1 Summary of Proposed Regulations for Licensed Medical Marihuana Production Facilities Issue Proposed Regulation Parcel Size Setbacks >3 hectares (7.4 acres) 30 metres from all property lines Site Coverage Maximum 35% Distance from Adjacent Uses or Zones Building Size and Scale 30 metres (included in the setback) 15 metres (any building) TABLE 2 Summary of Proposed Regulations for Licensed Medical Marihuana Research Facilities Issue Parcel Size Setbacks Proposed Regulation >1 hectares (2.47 acres) 15 metres from the front or exterior side lot lines 4.5 metres from the rear or interior side lot line; or 25 metres of a rear or interior site lot line that abuts an agricultural or residential zone. Site Coverage Maximum 50% Distance from Adjacent Uses or Zones Building Size and Scale 25 metres (included in the setback) 15 metres (any building)
Implementation of Licensed Medical Marihuana Regulations Page 3 Building Permit Requirements A building permit is required for any new construction or for a change in use of an existing structure for the purposes of establishing a licensed medical marihuana production or research facility. Health Canada approval is required prior to the operation and use of a building or property for an LMMPF or LMMRF. Applicants are required to notify the RDCK as to their intent to apply for a license with Health Canada and such records are kept on the property file to advise the RDCK Building Department as to the purpose of structures under new construction or change of occupancy for this purpose. Implementation Schedule With regard to implementation there are three comprehensive land use bylaws (Areas A, B and C), one zoning bylaw (Areas F, I, J and K) and one rural land use bylaw (Area G) with applicable development regulations that may or may not proceed with amendments to address licensed medical marihuana production and research facilities. The holding of a public hearing will be advertised and scheduled. It is suggested that one public hearing for all five zoning amendment bylaws be scheduled for June or early July, 2014 and chaired by the RDCK Chair of the Rural Affairs Committee as per Board Resolution 225/05. All electoral area directors that are impacted by the proposed amendments are invited and encouraged to attend the public hearing. As text amendments to the relevant zoning bylaws which impact greater than ten (10) properties, a mailed notice will not be undertaken, but will be advirtised in local newspapers and on the RDCK website. SECTION 3: DETAILED ANALYSIS a. Financial Considerations Cost and Resource Allocations: A licensed medical marihuana production facility (LMMPF) is classified as a farm use, and is taxed as such in accordance with BC Assessment. As a farm use, LMMPFs will qualify for a series of tax exemptions, which will result in less tax revenue for the RDCK. Based on information provided BC Assessment, a stand alone research facility will not be taxed as a farm use. b. Legislative Considerations (Applicable Policies and/or Bylaws): The amendment process will follow procedures as contained within RDCK Procedures Bylaw No. 2238 and Part 26, Division 4 of the Local Government Act. c. Environmental Considerations: With regard to hazardous waste, upon receipt of an application, RDCK Environmental Services staff will work with the applicant to determine an appropriate process to address waste management issues in accordance with provincial and federal regulations. d. Social Considerations: A priority objective for developing regulations for LMMPFs is to provide clarity to perspective producers and the public as to medical marihuana production in the RDCK. e. Economic Considerations: It is uncertain at this time how the new MMPR will affect marihuana growing in this Regional District.
Implementation of Licensed Medical Marihuana Regulations Page 4 f. Communication Considerations: Public notice of the proposed amendments will be carried out accordingly to RDCK Land Development Applications and Procedures Bylaw No. 2238 and Part 26, Division 4, Section 892 of the Local Government Act. As per RDCK Land Development Applications and Procedures Bylaw No. 2238 (Schedule 4), the proposed amendment bylaw(s) were referred to various government agencies, local advisory planning commissions and local area directors for a 30-day referral period. The following comments were received: Uli Wolf, General Manager of Environmental Services, Regional District of Central Kootenay RE: Proposed bylaw Nos. 2396, 2397, 2399, 2400, 2401, 2402, 2403, 2404, 2405, and 2406 Interests unaffected by bylaw(s) John Southam, Building Manager, Regional District of Central Kootenay RE: Proposed bylaw Nos. 2396, 2397, 2399, 2400, 2401, 2402, 2403, 2404, 2405, and 2406 The building inspection department of the RDCK offers the following information to the process of consideration of all of the MMPR bylaws: 1. 'Typical' industrial building construction would assume lot coverage to the property line (at least the sides and rear) as land is an expensive input into the business model for industrial uses and the greater lot coverage the lower the average cost of its use. The less 'use' of land available for construction (due to setback constraints) the higher the cost of the remaining lands as an input to the business development and the less likely the remaining lands will be developed. 2. At present the building inspection department budget as a service of the RDCK is dependent to approximately 60% upon building permit revenue. The further development is constrained as described in #1 above, the further will be the dependence upon general taxation to make up the balance of the budget for the service. This is further compounded when improvements to land as one of the inputs upon which local government taxation revenue is dependent, are constrained by development restrictions, furthering the dependence upon existing taxation sources. 3. The building inspection department views development of land with constructed building improvements as a budget input upon which it is dependent. While we are supportive of planning processes, we are unlike most other services here at the RDCK, and view the bylaw recommendations negatively in that regard. Further, we believe that there are technological buildable solutions to mitigate most of the negative impacts of built development (noise, odour and aesthetic considerations) and built development should be encouraged with those solutions included where necessary. Area C Advisory Planning Commission, Regional District of Central Kootenay
Implementation of Licensed Medical Marihuana Regulations Page 5 RE: Proposed bylaw No. 2406 Section 4 grossly increased the number of allowable farm animals, chickens, and rabbits above those limits established after discussion with the community and public meetings. This would greatly add to noise, smell, waste handling problems and nuisance to neighbouring properties in residential areas. Section 4 should be deleted in its entirety. We have no problem with the remainder of the Bylaw changes dealing with medical marijuana research and production. Bronwyn Sawyer, Land Use Planner, Ministry of Agriculture RE: Proposed bylaw Nos. 2396, 2397, 2399, 2400, 2401, 2402, 2403, 2404, 2405, and 2406 Thank you for providing the BC Ministry of Agriculture the opportunity to comment on the proposed bylaws. The referral was forwarded to Darrell Smith, Regional Agrologist, and he has forwarded the referral to the land use planners with the Ministry of Agriculture. The Ministry of Agriculture recognizes the considerable time and effort made by Regional District of Central Kootenay staff in drafting these bylaws and it is hoped that the below comments will assist the RDCK. The proposed bylaws appear to share similar policies and although the comments have been made for Bylaw 2406, it is anticipated that any changes suggested can be incorporated into the other bylaws. The Ministry of Agriculture views positively the RDCK s proposed amendments to the Comprehensive Land Use Amendment Bylaw that Licensed Medical Marihuana Production Facilities (LMMPF) be permitted on lands zoned Agriculture. This supports the Agricultural Land Commission s position that growing medical marihuana is consistent with farm use under the ALC act: http://www.alc.gov.bc.ca/publications/alc_info_bulletin_marijuana_amended_jan_2014.pdf Generally, zoning bylaws and official community plans that impact land designated for farming are reviewed for consistency with the Minister of Agriculture s Bylaw Standards. Please note that the Ministry has not established standards specific to medical marihuana at this point; however, the bylaws have been evaluated against existing standards for consistency. Bylaw 2406 Category Please consider removing establishment of objectives. Section 919.1(1)(c) of the Local Government Act allows local governments to designate development permit areas for the purpose of protection of farming. The phrase establishment of objectives only relates to development permit areas for form and character, energy and water conservation, or reductions of greenhouse gas emissions Justification The Ministry of Agriculture is concerned that there is insufficient evidence to support the Regional District of Central Kootenay s assessment that there is potential for increased land use conflicts within and adjacent to properties supporting LMMPFs, and therefore weak justification for the use of development permits. Ministry of Agriculture Web Address: http://www.gov.bc.ca/agri/ Evidence that this is the case would strengthen the justification, particularly given that LMMPFs are
Implementation of Licensed Medical Marihuana Regulations Page 6 agricultural buildings. The first bullet suggests that LMMPFs will be required to be compatible with non-agricultural uses on adjacent land. However, the Ministry of Agriculture is of the opinion that a protection of farming development permit area is not an appropriate tool to protect non-agricultural uses. The second bullet refers to the surrounding rural character and form of the Plan area. As with the above objective, it is unlikely that protection of farming development permit would be a suitable tool and that a form and character development permit would be more consistent with the objective. However, the Ministry is not supportive of form and character development permits that would apply to farm uses (see rationale in 5. below). Landscaping This section states LMMPF facility boundary. More clarity could be useful in determining if this means the boundary of the LMMPF building or the lot line (Diagram 1 seems to indicate lot line, but the text indicates building). The Ministry of Agriculture Guide to Edge Planning and the Agricultural Land Commission s Landscaped Buffer Specifications differ and it is suggested that one document be chosen. In addition, the Ministry of Agriculture would not consider this development permit guideline to be consistent with our Minister s Bylaw Standard for edge planning. This requirement may prove to be difficult for prospective LMMPF operators to comply with if one of the requirements by Health Canada is that operators obtain approval by local government prior to federal approval (i.e. development permit must be issued). Form and Character The Ministry of Agriculture is not supportive of this policy as LMMPFs are considered an agricultural operation similar to a mushroom barn or a greenhouse. Ministry staff are of the opinion that form and character guidelines cannot be used within a protection of farming development permit. Parking Regulations Under Agriculture, the required number of parking spaces listed is 1.5 parking spaces per 100m2 of Gross Floor Area. The Ministry of Agriculture does not support the requirement for parking spaces for agricultural operations unless there is direct farm marketing being conducted. Given that there will be no on-site customers to a LMMPF, it is suggested that this requirement be removed. We hope you find the above information of use. If you have any questions, please feel to contact me or Darrell Smith, the Regional Agrologist for the Regional District of Central Kootenays. Darrell Smith can be reached in his office by telephone at (250) 342-4219 or by email at Darrell.Smith@gov.bc.ca. Karen Zaberas, Environmental Health Officer, Interior Health Authority RE: Proposed Bylaw Nos. 2396, 2397, 2399, 2400, 2401, 2402, 2403, 2404, 2405, and 2406 Interior Health has no objection to the creation of Development Permit Areas for Licensed Medical Marihuana Production Facilities and Research Facilities. The Healthy Built Environment Team has received a referral to amend Bylaw 1675,2004 to include a general zoning regulation to allow Licensed Medical Marihuana Production Facilities and Research Facilities within Areas I & J of the ROCK
Implementation of Licensed Medical Marihuana Regulations Page 7 After reviewing the information the following comments are noted and should be given consideration: 1. Water Supply: The water supply system that services the facility may be subject to the approval and permitting requirements of the BC Drinking Water Protection Act and Regulation and/or the Ministry of Environment Ground Water Protection Act and Water Act. 2. Waste Water Disposal: Domestic Sewage: Interior Health has jurisdiction under The BC Public Health Act to enforce the BC Sewerage System Regulation. Domestic sewage is defined by regulation as:... "human excreta, waterborne waste from the preparation and consumption of food and drink, dishwashing, bathing, showering and general household cleaning and laundry. This does not include waste from a self-service laundromat". Industrial Waste: The Ministry of Environment has jurisdiction and enforces the Environmental Waste Management Act, Municipal Sewage Regulation. Waste water generated by these operations is not considered "domestic sewage". 3. Location: The following points are extremely important when considering the proposed location for the facilities and Interior Health strongly recommends that these facilities always be located away from residential areas: Proximity and impact on adjacent land uses, especially proximity to residences and schools Safety & Security -The size and configuration of the property, including access to the property Proposed scale of the production facility and accessory usage Potential noise, glare and vibration issues Air quality- prevailing winds, ventilation, odors Industrial operations are expected to follow best practices for protecting the environment and public health. Medical marijuana grow operations are regulated by Health Canada (Marihuana for Medical Purposes Regulation). Federal legislation sets practice standards (Producers Information) which when applied should be considered adequate to prevent the creation of any health hazards. Health Canada has advised, however, these standard practices may not be adequate to contain all odors from the operation. Being that this amendment is to allow the Medical Marihuana Production Facilities in agricultural zones and the Medical Marihuana Research Facilities in Light Industrial areas within Areas A, B, C, F, G, I & J and K, Interior Health would recommend approval of the amendments to the bylaw. Regarding Bylaw 2404, 2405 and 2406 and the keeping of farm animals, Interior Health has no objection to the amendment to the bylaw regarding permitted number of animals on a parcel. However, we
Implementation of Licensed Medical Marihuana Regulations Page 8 strongly recommend that no stock piling of manure be permitted within residential zones that could pose potential health risk, odor or nuisance to adjacent/neighbouring lots due to proximity. Any sources of contamination, e.g. housing pens must be kept a minimum of 30 m away from a well. Catherine Littlewood, District Development Technician, Ministry of Transportation and Infrastructure RE: Proposed bylaw Nos. 2396, 2397, 2399, 2400, 2401, 2402, 2403, 2404, 2405, and 2406 Approval recommended subject to the conditions that: 1. Proponents apply to BC MoT for a Commercial Access Permit. 2. Fences shall be constructed inside the property line, not on the road right of way. Care should be taken in placement of fences to ensure they do not block sight lines or interfere with road maintenance activities. Neighbouring property owners should be consulted regarding placement of fences. 3. Shrubs and trees should preferably not be planted on road right of way, as they can get damaged by road maintenance activities. Care should be taken in placement of shrubs and trees to ensure they do not block sight lines or interfere with road maintenance activities. Neighbouring property owners should be consulted regarding the placement of shrubs and trees. 4. Proponents should accurately identify the location of their property line adjacent to the road right of way in order to avoid problems with above-mentioned items. Phil Markin, Director of Development Services, City of Castlegar RE: Proposed bylaw Nos. 2396 and 2398 Castlegar City Council, at the regular Council meeting of May 5, 2014, passed the following resolutions with respect to the above mentioned referral: 1. The City of Castlegar supports the amendment to OCP Bylaw 1157 to create a Development Permit area for Licensed Medical Marihuana Production Facilities in agricultural zones; and 2. The City of Castlegar supports Zoning Amendment Bylaw 2398 regarding the implementation of new development regulations associated with Medical Marihuana Facilities. Catherine Allaway, Corporate Officer, Village of New Denver RE: Proposed bylaw No. 2399 The Village of New Denver supports the proposed amendments. Simon Grypma, Fire Chief, Nelson Fire Rescue RE: Proposed bylaw Nos. 2402 and 2398 Approval recommended subject to that all proposed production sites comply fully with all Regional, Provincial and Federal requirements, including Building and Fire Codes as well as security and that all permits and inspection are complete prior to operation of any facility for the purpose of Medical
Implementation of Licensed Medical Marihuana Regulations Page 9 Marijuana Production. Megan Squires, Senior Planner, City of Nelson RE: Proposed bylaw Nos. 2402 and 2398 The City of Nelson s interests are unaffected by this proposed bylaw amendment to introduce development permit area regulations for Licensed Medical Marihuana Production Facilities and Research Facilities. Ross Beddoes, Municipal Services Coordinator, Town of Creston RE: Proposed bylaw Nos. 2404, 2405 and 2406 Interests unaffected by bylaw(s). SECTION 4: OPTIONS & PROS / CONS Option 1: That the RDCK Board move forward with proposed general regulation amendments to address licensed medical marihuana production facilities and licensed medical marihuana research facilities within applicable development regulations in the RDCK. With regard to Option 1, it is important that the same level of regulatory authority over minimum site area, setbacks and scale is applied in a manner that is equitable and affords residents the same opportunity. It is important to note that for many areas of the RDCK, development permit areas are the only mechanism to address form and character of proposed facilities due to there being no development or land use regulation in place. At this time, it has been made clear that the RDCK can not use this tool to discriminate farm use in this manner. For those areas with development regulations in place, the majority of land use impacts can be addressed through general regulations for site area, setbacks and height. Option 2: That the RDCK Board not move forward with proposed general regulation amendments to address licensed medical marihuana production facilities and licensed medical marihuana research facilities within applicable development regulations in the RDCK. Option 2 would maintain that licensed medical marihuana production facilities continue to be recognized as a permitted use within all Agriculture (AG) zones within the RDCK and that such facilities be subject to the same regulations as all other farm uses. Proposed licensed medical marihuana research facilities would be subject to site specific amendments at the time of a proposal coming forward. In areas where there is no land use regulation or in select areas where there is a stand alone official community plan; licensed facilities would not be prohibited in any area subject to meeting B.C. Building Code and applicable provincial and federal regulations.
Implementation of Licensed Medical Marihuana Regulations Page 10 SECTION 5: RECOMMENDATIONS That It be recommended to the Board that: 1. Regional District of Central Kootenay Bylaw No. 2397, 2014 being a bylaw to amend Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw No. 1335, 1998 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 2. Regional District of Central Kootenay Bylaw No. 2398, 2014 being a bylaw to amend Regional District of Central Kootenay Zoning Bylaw No. 1675, 2004 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 3. Regional District of Central Kootenay Bylaw No. 2404, 2014 being a bylaw to amend Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 4. Regional District of Central Kootenay Bylaw No. 2405, 2014 being a bylaw to amend Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 5. Regional District of Central Kootenay Bylaw No. 2406, 2014 being a bylaw a bylaw to amend Regional District of Central Kootenay Electoral Area C Comprehensive Land Use Bylaw No. 2317, 2013 to provide general regulations as they pertain to Licensed Medical Marihuana Production Facilities and Licensed Medical Marihuana Research and Development Facilities, is hereby read a FIRST and SECOND time by content and referred to a Public Hearing. 6. In accordance with RDCK Board Resolution 225/05, Electoral Area G Director Hans Cunningham is hereby delegated the authority to chair the Public Hearing for Bylaws 2397, 2398, 2404, 2405 and 2406 on behalf of the Regional District Board. Respectfully submitted, Signature:
Implementation of Licensed Medical Marihuana Regulations Page 11 Name: Meeri Durand, Planning Manager CONCURRENCE Initials: General Manager of Development Services Chief Administration Officer ATTACHMENTS: Attachment A Proposed Amending Bylaw(s) for Licensed Medical Marihauna
Implementation of Licensed Medical Marihuana Regulations Page 12 Attachment A: Proposed Amending Bylaw(s) for Licensed Medical Marihuana REGIONAL DISTRICT OF CENTRAL KOOTENAY BYLAW No. 2397, 2014 A Bylaw to amend Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw 1335, 1998 WHEREAS it is deemed expedient to amend the Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw 1335, 1998, and amendments thereto. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: Interpretation 1. That the Interpretation section of Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw No. 1335, 1998 Schedule A be amended to include: a. the following definition for Licensed Medical Marihuana Production Facility immediately below the definition for Landscape Screen : LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY means the use of land, buildings or structures for the cultivation, processing, testing, research and development, destruction, packaging, storage and shipping of marihuana used for medical purposes as permitted and licensed by Canada. A licensed facility also includes office functions that are directly related to and in support of growing and cultivation activities. b. The following definition for Licensed Medical Marihuana Research and Development Facility immediately below the definition for Licensed Medical Marihuana Production Facility : Development Regulations LICENSED MEDICAL MARIHUANA RESEARCH AND DEVELOPMENT FACILITY means a facility to be used for the research and development of medical marihuana only in a fully enclosed building as lawfully sanctioned by Canada under the Controlled Drugs and Substances Act (as amended from time to time). 2. That the Agriculture (AG) zone of Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw No. 1335, 1998 Schedule A be amended to include the following new sections and development regulations: Under Permitted Uses Add Licensed Medical Marihuana Production Facilities Following Development Regulations add the following and number accordingly:
Implementation of Licensed Medical Marihuana Regulations Page 13 Development Regulations for Licensed Medical Marihuana Production Facilities 151. The minimum lot area for a LMMPF shall be three (3) hectares. 152. The maximum site coverage shall be 35 percent of the lot area unless an area not larger than 60 percent of the lot is covered with greenhouses. 153. All principal and accessory buildings or structures, except fences shall be set back a minimum of thirty (30) metres from all property lines. 154. The maximum height of any structure shall be 15 metres. 3. That the Light Industrial (M1) zone of Regional District of Central Kootenay Electoral Area G Rural Land Use Bylaw No. 1335, 1998 Schedule A be amended to include the following new sections and development regulations: Under Permitted Uses Add Licensed Medical Marihuana Research and Development Facilities Following Development Regulations add the following and number accordingly: Development Regulations for Licensed Medical Marihuana Research and Development Facilities 169. The minimum site area for each permitted use shall be one (1) hectare. 170. The maximum site coverage permitted shall be 50 percent of the lot area. 171. Excepting a fence, no building or structure may be located within: a. 15 metres of the front or exterior side lot lines; b. 4.5 metres of the rear or interior side lot lines; or c. 25 metres of a rear or interior side lot line that abuts an agricultural or residential zone. 172. The maximum height of any structure on a lot shall be 15 metres. 4. This Bylaw shall come into force and effect upon its adoption. 5. This Bylaw may be cited as Regional District of Central Kootenay Electoral Area G Rural Land Use Amendment Bylaw No. 2397, 2014. READ A FIRST TIME this XX day of XXXX, 2014. READ A SECOND TIME this XX day of XXXX, 2014. WHEREAS A Public Hearing was held on the XX day of XXXX, 2014. READ A THIRD TIME this XX day of XXXX, 2014. ADOPTED this XX day of XXXX, 2014. Chair
Implementation of Licensed Medical Marihuana Regulations Page 14 I hereby certify that this is a true and correct copy of Regional District of Central Kootenay Electoral Area G Rural Land Use Amendment Bylaw No. 2397, 2014 as read a third time by the Regional District of Central Kootenay Board, on the XX day of XXXX, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014. I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Electoral Area G Rural Land Use Amendment Bylaw No. 2397, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014.
Implementation of Licensed Medical Marihuana Regulations Page 15 REGIONAL DISTRICT OF CENTRAL KOOTENAY BYLAW No. 2398, 2014 A Bylaw to amend Regional District of Central Kootenay Zoning Bylaw 1675, 2004 WHEREAS it is deemed expedient to amend the Regional District of Central Kootenay Zoning Bylaw 1675, 2004, and amendments thereto. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: Definitions 1. That the Interpretation section of Regional District of Central Kootenay Zoning Bylaw 1675, 2004 be amended to include: The following definition for Licensed Medical Marihuana Production Facility immediately below the definition for Landscape Screen : LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY means the use of land, buildings or structures for the cultivation, processing, testing, research and development, destruction, packaging, storage and shipping of marihuana used for medical purposes as permitted and licensed by Canada. A licensed facility also includes office functions that are directly related to and in support of growing and cultivation activities. The following definition for Licensed Medical Marihuana Research and Development Facility immediately below the definition for Licensed Medical Marihuana Production Facility : LICENSED MEDICAL MARIHUANA RESEARCH AND DEVELOPMENT FACILITY means a facility to be used for the research and development of medical marihuana only in a fully enclosed building as lawfully sanctioned by Canada under the Controlled Drugs and Substances Act (as amended from time to time). Development Regulations 2. That the Agriculture 1 (AG1), Agriculture 2 (AG2), Agriculture 2-A (AG2-A), Agriculture 3 (AG3), Agriculture 4 (AG4), and Agriculture 4 K (AG4K) zones of Regional District of Central Kootenay Zoning Bylaw 1675, 2004 be amended to include the following new sections and development regulations: Land Use Zone Agriculture 1 (AG1) Agriculture 2 (AG2) New Development Regulation Section Section 2602 Licensed Medical Marihuana Production Facilities Section 2702 - Licensed Medical Marihuana Production Facilities New Development Regulations 1. The minimum lot area shall be three (3) hectares. 2. The maximum site coverage shall be 35 percent of the lot area
Implementation of Licensed Medical Marihuana Regulations Page 16 Agriculture 2-A (AG2-A) Agriculture 3 (AG3) Agriculture 4 (AG4) Agriculture 4 K (AG4K) Section 2801 - Licensed Medical Marihuana Production Facilities Section 2902 - Licensed Medical Marihuana Production Facilities Section 3002 - Licensed Medical Marihuana Production Facilities Section 3103 - Licensed Medical Marihuana Production Facilities unless an area not larger than 60 percent of the lot is covered with greenhouses. 3. All principal and accessory buildings or structures, except fences shall be set back a minimum of 30 metres from all property lines. 4. The maximum height of a principal building shall be 15 metres. 4. That the Light Industrial (M1) zone of Regional District of Central Kootenay Zoning Bylaw 1675, 2004 be amended to include: Licensed Medical Marihuana Research and Development Facility in the list of Permitted Uses immediately following Food Processing ; and regulation #6 be added immediately following regulation #5 to state that an Industrial Development Permit is required on industrial zoned land. Land Use Zone New Permitted Use New Development Regulations Light Industrial (M1) Section 3900 Licensed Medical Marihuana Research and Development Facility after Food Processing. 5. This Bylaw shall come into force and effect upon its adoption. 1. The minimum site area for each permitted use shall be one (1) hectare. 2. The maximum site coverage permitted shall be 50 percent of the lot area. 3. Excepting a fence, no building or structure may be located within: (a) 15 metres of the front or exterior side lot lines; (b) 4.5 metres of the rear or interior side lot lines; or (c) 25 metres of a rear or interior side lot line that abuts an agricultural or residential zone. 4. The maximum height of any structure on a lot shall be 15 metres. 5. Landscaping shall comply with the requirements of sections 621 and 622. 6. An Industrial Development Permit is required for developments on industrial zoned land.
Implementation of Licensed Medical Marihuana Regulations Page 17 6. This Bylaw may be cited as Regional District of Central Kootenay Zoning Amendment Bylaw No. 2398, 2014. READ A FIRST TIME this XX day of XXXX, 2014. READ A SECOND TIME this XX day of XXXX, 2014. WHEREAS A Public Hearing was held on the XX day of XXXX, 2014. READ A THIRD TIME this XX day of XXXX, 2014. ADOPTED this XX day of XXXX, 2014. Chair I hereby certify that this is a true and correct copy of Regional District of Central Kootenay Zoning Amendment Bylaw No. 2398, 2014 as read a third time by the Regional District of Central Kootenay Board, on the XX day of XXXX, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014. I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Zoning Amendment Bylaw No. 2398, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014.
Implementation of Licensed Medical Marihuana Regulations Page 18 REGIONAL DISTRICT OF CENTRAL KOOTENAY BYLAW No. 2404, 2014 A Bylaw to amend Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013. WHEREAS it is deemed expedient to amend the Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013, and amendments thereto. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: Definitions 3. That Schedule A Part Two of Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013, be amended by adding the following definitions to Section 17: The following definition for Licensed Medical Marihuana Production Facility immediately follow the definition for Landscape Screen : LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY means the use of land, buildings or structures for the cultivation, processing, testing, research and development, destruction, packaging, storage and shipping of marihuana used for medical purposes as permitted and licensed by Canada. A licensed facility also includes office functions that are directly related to and in support of growing and cultivation activities. The following definition for Licensed Medical Marihuana Research and Development Facility immediately below the definition for Licensed Medical Marihuana Production Facility : LICENSED MEDICAL MARIHUANA RESEARCH AND DEVELOPMENT FACILITY means a facility to be used for the research and development of medical marihuana only in a fully enclosed building as lawfully sanctioned by Canada under the Controlled Drugs and Substances Act (as amended from time to time). Development Regulations 4. That Schedule A Part Two of Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013 Section 25 Agriculture (AG) zone be amended to include the following new section and development regulations: Land Use Zone Agriculture (AG) New Development Regulation Section Section 25 (15) Licensed Medical Marihuana Production Facilities New Development Regulations a. The minimum lot area shall be three (3) hectares. b. The maximum site coverage shall be 35 percent of the lot
Implementation of Licensed Medical Marihuana Regulations Page 19 area unless an area not larger than 60 percent of the lot is covered with greenhouses. c. All principal and accessory buildings or structures, except fences shall be set back a minimum of 30 metres from all property lines. d. The maximum height of a principal building shall be 15 metres. 5. That Schedule A Part Two of Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Bylaw No. 2315, 2013 Section 29 Light Industrial (M1) zone be amended to include: Licensed Medical Marihuana Research and Development Facility in the list of Permitted Uses immediately following Food Processing ; and regulation #7 be added immediately following regulation #6 to state that an Industrial Development Permit is required on industrial zoned land. Land Use Zone New Permitted Use New Development Regulations Light Industrial (M1) Section 29 (1) Licensed Medical Marihuana Research and Development Facility after Food Processing. 2. The minimum site area for each permitted use shall be one (1) hectare. 3. The maximum site coverage permitted shall be 50 percent of the lot area. 4. Excepting a fence, no building or structure may be located within: a. 15 metres of the front or exterior side lot lines; b. 4.5 metres of the rear or interior side lot lines; or c. 25 metres of a rear or interior side lot line that abuts an agricultural or residential zone. 5. The maximum height of any structure on a lot shall be 15 metres. 6. Landscaping shall comply with the requirements of sections 75 and 76. 7. An Industrial Development Permit is required for developments on industrial zoned land.
Implementation of Licensed Medical Marihuana Regulations Page 20 6. This Bylaw shall come into force and effect upon its adoption. 7. This Bylaw may be cited as Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Amendment Bylaw No. 2404, 2014. READ A FIRST TIME this XX day of XXXX, 2014. READ A SECOND TIME this XX day of XXXX, 2014. WHEREAS A Public Hearing was held on the XX day of XXXX, 2014. READ A THIRD TIME this XX day of XXXX, 2014. ADOPTED this XX day of XXXX, 2014. Chair I hereby certify that this is a true and correct copy of Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Amendment Bylaw No. 2404, 2014 as read a third time by the Regional District of Central Kootenay Board, on the XX day of XXXX, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014. I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Electoral Area A Comprehensive Land Use Amendment Bylaw No. 2404, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014.
Implementation of Licensed Medical Marihuana Regulations Page 21 REGIONAL DISTRICT OF CENTRAL KOOTENAY BYLAW No. 2405, 2014 A Bylaw to amend Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013. WHEREAS it is deemed expedient to amend the Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013, and amendments thereto. NOW THEREFORE the Board of the Regional District of Central Kootenay in open meeting assembled enacts as follows: Definitions 8. That Schedule A Part Two of Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013, be amended by adding the following definitions to Section 15: The following definition for Licensed Medical Marihuana Production Facility immediately follow the definition for Landscape Screen : LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY means the use of land, buildings or structures for the cultivation, processing, testing, research and development, destruction, packaging, storage and shipping of marihuana used for medical purposes as permitted and licensed by Canada. A licensed facility also includes office functions that are directly related to and in support of growing and cultivation activities. The following definition for Licensed Medical Marihuana Research and Development Facility immediately below the definition for Licensed Medical Marihuana Production Facility : LICENSED MEDICAL MARIHUANA RESEARCH AND DEVELOPMENT FACILITY means a facility to be used for the research and development of medical marihuana only in a fully enclosed building as lawfully sanctioned by Canada under the Controlled Drugs and Substances Act (as amended from time to time). Development Regulations 9. That Schedule A Part Two of Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013 Section 23 Agriculture 1 (AG1), Section 24 Agriculture 2 (AG2), and Section 25 Agriculture 3 (AG3) zones of be amended to include the following new sections and development regulations: Land Use Zone Agriculture 1 (AG1) Agriculture 2 (AG2) New Development Regulation Section Section 23(12) Licensed Medical Marihuana Production Facilities Section 24(12) - Licensed New Development Regulations a. The minimum lot area shall be three (3) hectares. b. The maximum site coverage shall be 35 percent of the lot
Implementation of Licensed Medical Marihuana Regulations Page 22 Agriculture 3 (AG3( Medical Marihuana Production Facilities Section25(12) - Licensed Medical Marihuana Production Facilities area unless an area not larger than 60 percent of the lot is covered with greenhouses. c. All principal and accessory buildings or structures, except fences shall be set back a minimum of 30 metres from all property lines. d. The maximum height of a principal building shall be 15 metres. 10. That Schedule A Part Two of Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Bylaw No. 2316, 2013 Section 29 Light Industrial (M1) zone be amended to include: Licensed Medical Marihuana Research and Development Facility in the list of Permitted Uses immediately following Food Processing. 11. This Bylaw shall come into force and effect upon its adoption. 12. This Bylaw may be cited as Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Amendment Bylaw No. 2405, 2014. READ A FIRST TIME this XX day of XXXX, 2014. READ A SECOND TIME this XX day of XXXX, 2014. WHEREAS A Public Hearing was held on the XX day of XXXX, 2014. READ A THIRD TIME this XX day of XXXX, 2014. ADOPTED this XX day of XXXX, 2014. Chair I hereby certify that this is a true and correct copy of Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Amendment Bylaw No. 2405, 2014 as read a third time by the Regional District of Central Kootenay Board, on the XX day of XXXX, 2014. DATED at Nelson, B.C. this XX day of XXXX, 2014. I hereby certify that this is a true and correct copy of the Regional District of Central Kootenay Electoral Area B Comprehensive Land Use Amendment Bylaw No. 2405, 2014.