Land Use Bylaw
Schedule of Events:
- First Reading
August 21, 2018
- Public Hearing
September 25, 2018
- Approved Land Use Bylaw
Kneehill County will likely finalize the changes to the draft Land Use Bylaw to ensure bylaws are in place for the October 17 legalization date.
Click above to view Planning and Development Cannabis Legislation presentation to Council, May 8, 2018.
Draft Land Use Bylaw- with revisions, including Cannabis additions.
- means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time, and includes edible products that contain cannabis.
- Cannabis Accessory:
- means (a) a thing, including rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers used in the consumption of cannabis or the production of cannabis; or (b) a thing deemed to be represented to be used in the consumption of cannabis or the production of cannabis providing that a thing that is commonly used in the consumption or production of cannabis would be considered a cannabis accessory if that thing was sold at the same point of sale as cannabis.
- Cannabis Recreational Production Facility:
- means a facility/use where cannabis is grown, processed, packaged, tested, destroyed or sold.
- Cannabis Retail Sales
- means a retail store, licensed by the Province of Alberta, where non-medical Cannabis and Cannabis accessories are sold to individuals who attend the premises.
- Licensed Producer
- means a holder of a license issued under Section 35 to the Access to Cannabis for Medical Purposes Regulations (SOR/2016-230).
- Medical Cannabis Production Facility
- means a facility of one or more buildings used for the purposes of growing, labeling, packaging, testing, destroying, storing, researching and developing, shipping and receiving of medical Cannabis (marihuana) and cannabis oil by a licensed producer in natural, fresh, dry or processed form. This use does not include retail productions sites, sales or dispensary.
Land Use Districts
- Medical Cannabis production facility – requires rezoning of the land to Industrial District (this is what the current land use bylaw stipulates).
- Cannabis Recreational Production Facility & Cannabis Retail Sales – proposed to be Direct Control zoning.
- Rezoning of property requires a public hearing process and notification of adjacent landowners. Public hearings are advertised in the Capital and affected parties have an opportunity to present their comments.
- Applications for redesignation of lands are approved by Council.
- Applications for discretionary use development permits within a Direct Control District are approved by Council.
- Applications for discretionary use development permits within all other land use districts are approved by the Municipal Planning Commission.
Proposed Separation Distances (based on AHS recommendations)
- Cannabis Retail Sales – (proposed) to be prohibited within 300m of a health care facility, school, school reserve parcel, hospital, child care facility, playground, sports/playing field, skateboard/bicycle park, outdoor theatre, zoo, outdoor splash park/pool, church, community centre, rodeo grounds, golf course, cemeteries and any similar public use facility.
- Proposed separation distances between two Cannabis Retail Sales facilities or Cannabis Recreational Production Facilities 100m or a combination of either.
- Notification to adjacent landowners within a ½ mile will be done in writing upon receipt of an application for development for any Cannabis related facility. This process would occur following the redesignation of land to the appropriate district.
- Adjacent landowners are given 21 days to provide comment in writing.