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The Corporation of the Municipality of Brighton
By-Law No. 012-2021
Being a By-Law to Regulate the Keeping of Backyard Hens under
the provisions of Section 34 of the Planning Act, R.S. 0., 1990, to
amend By-law No. 140-2002, as otherwise amended, of the
Municipality of Brighton as it applies to the whole of the
Municipality of Brighton
Whereas By-law No. 130-2019, as otherwise amended, the "Comprehensive
Zoning By-law" of the Municipality of Brighton was passed under the authority
of Section 34 of the Planning Act; R.S.O., 1990, as amended;
And Whereas the Council of the Corporation of the Municipality of Brighton
conducted a public meeting in regard to this application, as required by
Section 34(12) of the Planning Act R.S.O., 1990, as amended;
And Whereas the Council of the Corporation of the Municipality of Brighton
deems it expedient to amend By-law No. 130-2019, as otherwise amended,
with respect to the above-described lands, and under the provisions of
Section 34 of the Planning Act; R.S.O., 1990, as amended, has the authority
to do so.
Now Therefore, the Municipal Council of the Corporation of the Municipality
of Brighton enacts as follows:
1. That Section 4.41 of By-law No. 130-2019 is hereby deleted and replaced
with the following:
4.41
Backyard Hens
i.
The Owner of a lot in the RR, R1, R2, R3, HR, or SHR zones or a lot with
a legal non-conforming dwelling unit in another zone may keep outside
of the dwelling unit a maximum of six (6) hens.;
ii. Notwithstanding i above, no keeping of hens shall be permitted where a
developer's covenant agreement has been entered into with the
landowner to the contrary, in which case the terms of the covenant shall
prevail.
iii. The keeping of hens shall be considered an accessory use to the
residential use; when the residential use ceases, the keeping of hens
shall also cease.
iv. Hens shall only be kept for the purposes of egg production only and used
on premise without sale or distribution to the public.
v. All hens shall be contained within a coop and located in the rear yard.
vi. A coop shall meet the side and rear yard setbacks of the dwelling unit or
home for the zone; on legal non-conforming lots, the setbacks of the RR
Zone in rural areas shall apply, setbacks of the R1 Zone in urban areas
shall apply, and setbacks of the HR Zone shall apply in hamlet areas.
vii. A coop shall be a maximum of 9m2 in size and be at least 3 metres away
from any neighbouring windows or doors.
viii. A hen run shall be a maximum of 30 square metres.
ix. A hen coop or hen run shall be a maximum height of 3 metres.
x. A minimum of one (1) fully enclosed waterproof container for manure
storage is required storing not more than a total of 0.08 cubic metres (2.8
cubic feet).
xi. The following uses are prohibited:
a.
Home slaughter of hens;
b.
The keeping of roosters;
c.
On-site disposal of deceased hens.
xii. Nothing in Section 4.41 shall be construed to limit the keeping of hens on
parcels of land that are zoned to permit an Agricultural Use.
Read a first and second time, read a third time and finally passed this 8th day
of February, 2021.
Original signed by:
(Sgd.) Brian Ostrander, Mayor
Original signed by:
(Sgd.) Candice Doiron, Clerk