Pubdate: Thu, 07 Mar 2013
Source: Vancouver Sun (CN BC)
Copyright: 2013 The Vancouver Sun
Contact: http://www.canada.com/vancouversun/letters.html
Website: http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Jessica Barrett
Page: A10

CITIES ARE PREPARING FOR POT

New bylaws, zonings to deal with commercial production

Metro Vancouver municipalities are looking at ways to restrict medical
marijuana grow operations ahead of changes to federal legislation that
will allow for large-scale commercial production.

Starting next year, Health Canada will phase out smallscale grow
operations for personal use in favour of centralized commercial
producers - leaving individual municipalities to determine where those
facilities should be located and address safety, security and
community concerns.

The coming changes have spurred a draft bylaw in Maple Ridge that
proposes to permit commercial medical marijuana production only in
agricultural zones, while Surrey last month amended its zoning bylaws
to require proposed grow ops to go to public hearing. Richmond and
Vancouver both plan to limit commercial operations to agricultural
areas under existing bylaws.

In Maple Ridge, commercial marijuana facilities would face the same
building restrictions as other pungent industries such as pig farms or
mushroom barns, with requirements to be at least 30 metres from rear
lot lines and 60 metres from front lot lines.

Grow operations would also need to be at least 200 metres away from
any elementary or secondary school due to ongoing odour complaints of
residential growers operating too close to schools.

District planner Diana Hall said that Maple Ridge is believed to be
the first district in B. C. to draft a bylaw specifically crafted for
commercial marijuana production.

"The sense is that there have been a fair number of problems
associated with this use in other areas, even industrial, because
you've got a multi-tenanted structure. It can cause problems," said
Hall, who drafted the bylaw.

"The thought is that locating it in an agricultural zone will be an
improvement."

Surrey city solicitor Craig MacFarlane said the amendment to Surrey's
zoning bylaw allows for large-scale grow operations in commercial,
industrial or agricultural areas. But all proposals will be routed
through a full rezoning process and subject to public hearing.

"If it's not controlled through a rezoning and public hearing process,
then you can't gauge the community impacts," said MacFarlane. "And
there are a lot of community impacts - security, odour, public safety,
hazardous materials, chemicals."

Surrey is also expected to adjust its business licensing procedures to
better address commercial marijuana producers.

MacFarlane said he was confident the amendments would keep grow
operations in check in Surrey, but said Health Canada has so far been
vague about whether municipalities will have the final say over where
commercial marijuana producers can operate.

"They're supposed to consult with local government to some extent, but
until we see the final regulations, we're not really sure."

Both Vancouver and Richmond are waiting for the new regulations to
come into place before changing municipal bylaws.

Carli Edwards, Vancouver's assistant director of inspections, said
commercial medical grow operations would likely be classified as
agricultural under existing regulations. Vancouver has few areas
suitable to that kind of activity, she said, although Southlands and
parts of Chinatown are home to some agricultural activity. Edwards
said she could not predict how the new regulations will impact
Vancouver, but hoped they would help the city stay better informed on
grow operation locations.

"Right now we have dozens of growing operations with Health Canada
permits happening in the city of Vancouver and we don't know where
they are."

Spokeswoman Kim Decker said that Richmond believes its bylaws will
restrict operations to agricultural lands. But it wants assurances
from the federal government that Health Canada would not be able to
supersede municipal regulations in approving medical marijuana
production facilities.

"We want to make sure that whatever the federal government imposes
does take into consideration provincial and municipal building codes,
business licensing and fire code," she said.

Richmond council will be sending a letter to federal and provincial
ministers expressing their concerns.
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MAP posted-by: Matt