Notice of Passing of Zoning By-Law Amendment 2026-0025

TAKE NOTICE the Council of the Corporation of the Town of Greater Napanee passed By-law No. 2026-0025, on the 24th day of February, 2026, under Section 34 of the Planning Act, R.S.O. 1990, as Amended.

AND TAKE NOTICE THAT :

i. Only individuals, corporations, and public bodies may appeal a Zoning By-law to the Ontario Land Tribunal (OLT). 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 group on its behalf.

ii. 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 Tribunal, there are reasonable grounds to add the person or public body as a party.

AN EXPLANATION of the purpose and effect of the By-law, and description of the lands (key map) to which the By-law applies are attached.

DATED at the Town of Greater Napanee this 2nd day of March, 2026.

NOTE: The last day for filing objection will be March 23, 2026. The objection must be received by this date in order to be valid.

Any appeal submitted to the Town of Greater Napanee for referral to the Ontario Land Tribunal (OLT) must be filed with the Clerk and include:

1. The objection to the By-law and the reasons in support of the objection.
2. The name and address of the appellant.
3. The fee payment required by the Ontario Land Tribunal (OLT) can be paid by certified cheque or money order, made payable to the Minister of Finance. Fees can be found at: https://olt.gov.on.ca/appeals-process/fee-chart/

EXPLANATORY NOTE
TO BY-LAW NUMBER 2026-0025

PURPOSE & EFFECT OF THE BY-LAW
The Town brought forward a zoning by-law amendment application to amend the permitted uses within the General Industrial (M2) zone category to include a data processing centre and related facilities and services. The application also served to provide a new definition of a data processing centre within Zoning By-law 02-22.

The Town initiated application will result in an amendment to Section 5.28.1.b of the Zoning By-law to include the additional use outlined above, as well as adding a new definition to Section 3 of the Zoning By-law.

EFFECT OF WRITTEN AND ORAL SUBMISSIONS ON APPLICATIONS
Two sets of formal comments were received for the application. Comments received were considered in detail through the staff report prepared for the application, and added as attachments to the Council Agenda item for review and consideration by Council.

The first set of comments received referenced concerns related to service demand on local resources (e.g., water and electricity), noise pollution, unbalanced economic returns, air quality and site safety, and visual impacts.

The second set of comments received referenced concerns related to potential development clusters resulting in cumulative impacts, land-use compatibility concerns and nuisances generated from a data processing centre (e.g., noise, dust, air quality and emissions, traffic, etc.), environmental and community impacts, as well as the potential for unbalanced economic returns, and emergency service provisions.

The proposed use in the M2 zone will be subject to site plan control, and consideration for land-use compatibility and potential impacts on adjacent properties will be reviewed in detail prior to a data centre being permitted and becoming operational. Where impacts cannot be avoided, appropriate mitigation measures will be imposed through site plan agreements in accordance with all applicable regulations.

Comments of concern received have been acknowledged for future consideration if, and when, formal development proposals are received by the Town.

LOCATION OF PROPERTY
The application applies to lands zoned General Industrial Zone (M2) within the Town of Greater Napanee.

Key Map