Clarifying Minimum Agricultural Lot Sizes

Minimum Distance Separation

So, a bit of an issue brewed throughout the summer: minimum lot sizes for agricultural properties. The issue first arose during a neighbour vs. neighbour clash in an agricultural area in the Northern-part of Pelham.

Unfortunately, it happens all the time. If two neighbours cannot get along, one or the other enlists the assistance of Staff to enforce various Town bylaws. Staff are often caught in the middle of such disputes. Staff must try to work with the parties after they make formal complaints against each other over various bylaws – like noise, animal control, fences, signs, and clean yard – or for not having proper permits – like for building or demolition, open air burning, or site alteration. Sometimes it’s an immediate neighbour that complains about another, and sometimes it’s someone else. One complaint often leads to counter-complaints and counter-counter-complaints.

This makes balanced Bylaw Enforcement very difficult for Staff; Staff act as impartially as possible, while focusing on the overall resolution of all complaints between arguing neighbours. And, in extreme circumstances, any of the complaints could form part of a court or other quasi-judicial proceeding.

In a particular case in June, one party used the Town’s Zoning Bylaw to try to resolve disputes with his neighbour.

You see, Pelham’s 1987 Zoning Bylaw includes a 10 hectare (approximately 24 acre) “minimum lot size” for agriculturally zoned properties. If a property-owner has less than 24 acres – the complainant reasoned – that owner cannot have farm animals.

Initially, Town Staff also enforced this complaint as a way to help find resolution between the neighbours for all their disputes.

Then, the one party called the media and set-up petitions about the Zoning Bylaw complaint. And the concern spread like wild-fire. If “minimum lot size” can be used against someone farming on 10 acres – reasoned the argument – perhaps it can be used against my farm on three, five, 10, 12 15, or 20 acres.

Staff dropped the enforcement two weeks later, because – as we learned at Council on July 25 – that provision of the Zoning “applies to the creation of new lots” only and that “existing lots are recognized.”

Instead of something arbitrary like minimum lot sizes, the Province actually provides rules for the types and number of animals allowed on a property based on their impact (odour, waste, etc) and their proximity to neighbours. This formulaic calculation, called Minimum Distance Separation (MDS), is already embedded in our existing Zoning Bylaw.

So, since we are currently rewriting and updating the Town’s overall Zoning Bylaw, Council and Staff we will work together with agriculture property owners, the Federation of Agriculture, and the Province to clarify the “minimum lot size” and MDS provisions so that we might settle the matter and “preserve our unique urban and rural blend.”

Starting Review of Town’s Zoning Bylaw

Ever wonder what controls the heights and sizes of buildings in a community? What rules allow certain type of uses – like a gas station or an apartment building or townhouse – in one area, but not in another? Or, where do the rules come from for the amount of parking a store or an apartment or a church must have?

In Ontario, it’s a community’s Zoning Bylaw that contains detailed information on what kind of land use and what kinds of physical structures are allowed on each property in the Town. The Zoning Bylaw puts into effect the Town’s “Official Plan” or Secondary Plans (like the East Fonthill Secondary Plan or the North-West Fonthill Secondary Plan).

The details include the height and “massing” of buildings, the distance buildings must be set back from the street or other yards, and any landscaping requirements.

Since Zoning By-laws are legally enforceable (under the Ontario Planning Act), proposed developments that do not fit the By-law’s requirements are not allowed to proceed – unless they receive a variance. Thus, this important Bylaw helps achieve Council’s objectives for a successful, vibrant, and livable community.

The existing Zoning Bylaw was approved in 1987 and contains hundreds of exemptions and variances.

Since we recently updated the Town’s Official Plan – via Ontario Municipal Board approval in 2014 – Staff have been working on re-drafting a new Zoning Bylaw. That draft was presented publicly on Monday.

Staff proposed that we begin the consultation process on the draft By-law and receive feedback from you and other members of the community and agencies this Fall. We will schedule public open houses, meetings with the development community, and a special meeting with Council to receive agency input.

Following this type of consultation with the community, agencies and Council, Staff will revise the draft Zoning By-law to address the comments and feedback received. Then, Council will likely undertake a second round of community consultation.

As you will appreciate, the Town’s new Zoning Bylaw will be an important document that will oversee growth and development in the Town for many, many years.

If you are interested in reviewing Staff’s first public draft, please check out our July 25 Policy & Priorities Committee agenda by clicking here (for the agenda package) and going to page 113.. Alternatively, please watch both traditional and “social” media for further information about meetings and updates.

Council and I look forward to working together with you and other residents and business owners to update our Zoning Bylaw to ensure that Pelham continues to be a successful, vibrant, and livable and with a unique blend of residential housing types, commercial-mixed uses, and agricultural operations and uses.