By-law 2018-078, Amend Comprehensive Zoning By-law 2010-105 With Respect to Livestock on Smaller Rural Properties
Trent Hills, Ontario
· adopted 2018-09-04
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The Corporation of the Municipality of Trent Hills
By-law No. 2018-078
A by-law to amend By-law 2010-105,
Being the Comprehensive Zoning By-law of
The Municipality of Trent Hills
With respect to Livestock on Smaller Rural Properties
Whereas the Municipality of Trent Hills Zoning By-law 2010-105, as amended,
was passed under the authority of a predecessor of Section 34 of the Planning
Act, R.S.O. 1990, Ch. P.13 as amended;
And Whereas the by-law hereinafter set out is in conformity with the general
intent of the approved Official Plan in effect in the Municipality of Trent Hills;
And Whereas the Council of the Corporation of the Municipality of Trent Hills
conducted a public meeting in regard to this application, as required by Section
34 (12) of the Planning Act, RSO 1990, Ch. P. 13, as amended;
And Whereas the Council of the Corporation of the Municipality of Trent Hills
deems it advisable to amend Zoning By-law No. 2010-105, as otherwise
amended, with respect to the above-described lands and under the provisions
of the Planning Act has the authority to do so;
Now Therefore the Council of the Municipality of Trent Hills hereby enacts as
follows:
Section 5.16: Minimum Distance Separation is hereby deleted or replaced with
the following:
5.16
Livestock on smaller lots:
a) Livestock may be permitted on lots less than eight (8) hectares in size
within the following Zones: Rural, Agricultural, Rural Residential, Special
Rural Residential, and Shoreline Residential, in accordance with the
Regulations of Section 5.16.
b) Livestock is defined as follows:
i)
Small sized livestock: rabbits, chickens, turkeys, geese and
similar sized animals;
ii)
Medium sized livestock: sheep, goats, llamas, ostriches, and
similar sized animals;
iii)
Large sized livestock: cattle, horses and similar sized animals.
c) The minimum requirement for keeping livestock in the above noted
Zones are as follows:
i)
Minimum lot size of 0.8 hectares for the keeping of small livestock;
ii)
The lot must have 0.4 hectares of pastures available for the
livestock
iii)
Any area used to contain animals or store manure must have a
minimum separation distance of 100 metres to any neighbouring
dwelling;
iv)
The minimum setback from any area where livestock is kept will
be 8 metres to an abutting property line;
v)
Any building where livestock are kept shall not be located in any
portion of a front yard. The building will be set back 15 metres
from the side and rear property lines of the property;
(_.,
vi)
Livestock pasture areas and manure storage areas will be set
back 15 metres from water courses, wetlands and drainage
courses.
d) The minimum lot size for keeping large animals will be 2.0 hectares. The
density for large animals will be 0.4 hectares per animal with a maximum
of three animals on a 2.0 hectare lot, with 1.2 hectares of pasture.
e) Medium sized livestock will not exceed a density of three (3) animals per
0.4 hectares with a maximum of three (3) animals on a 0.8 hectare lot.
f) As lot size increases, the number of livestock kept on a property may
increase according to a formula of six (6) small; three (3) medium or one
(1) large animal per 0.4 hectares of additional pasture area available.
g) Notwithstanding the animal density provisions of this By-law, newborn
large animals may be maintained on a property for up to one (1) year.
Newborn small animals may be maintained on a property for up to sixty
(60) days.
5.16.1 Chickens on small lots:
5.16.2
Six (6) hens may be kept on a parcel Zoned Rural Residential, Special
Rural Residential, or Shoreline Residential provided that the lot is a
minimum of 0.4 hectares in size; the animals are kept in a fenced
enclosure and that the area where the chickens are kept is not located in
the front yard and set back 7.5 metres from side and rear property lines.
a) Property owners who wish to house livestock on their property will submit
an application for authorization to the Planning Department, using the
approved application form.
b) Property owners will be required to make an annual application for
renewal of authorization if they continue to keep livestock. They are also
required to apply to the Municipality for authorization to change the type
of livestock they keep on the property.
c) Property owners will be required to provide a site plan to show the size
and location of pasture areas for livestock, livestock buildings, setbacks
and manure storage.
d) Staff may require the provision of a Livestock Management Plan/
Nutrient Management Plan.
5.16.3 Minimum Distance Separation Formula
New land uses, including but not limited to, the creation of lots, zoning
by-law amendments, minor variances, development permits and site plan
agreements, and new or expanding livestock facilities, shall comply with
the Minimum Distance Separation 1 and Minimum Distance Separation II
Formula defined herein.
Setbacks for new dwellings constructed on lots other than the lot
containing the barn/barns containing livestock, shall be required to
conform with the Minimum Distance Separation 1 Formula. MOS 1 shall
not apply to the construction of a new dwelling that is replacing a
dwelling destroyed in whole, or in part, by a catastrophe, provided that
ALL of the following conditions are met:
-
The building which existed before the application was habitable;
-
The proposed building is for the same or less sensitive land use
tvoe than the former building; and
-
The proposed building is built no closer to the surrounding
livestock facilities or anaerobic digester then the former building.
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New barns or expansions to existing barns shall require setbacks in
conformity with the Minimum Distance Separation II Formula. MOS II
shall not apply to the construction of a livestock facility that is replacing a
livestock facility destroyed by a catastrophe, provided that:
-
There is no switch to a livestock type with a higher odour potential;
-
There is no increase in the number of nutrient units housed;
-
There is no change from a solid to a liquid manure system or will
have a new manure storage with an increased relative odour
potential, than existed before reconstruction.
If deemed appropriate by the Municipality, the process by which a
reduction to MOS I and/or MOS II may be considered will be through a
Minor Variance to the Comprehensive Zoning By-law or a site specific
Zoning By-law Amendment.
Section 7: (to be amended)
7.1 c) ii) Minimum Lot Area Rural (RU) Zone - 5 hectares
Update Table 3: Rural lot area requirement to be reduced from 10 hectares to 5
hectares
This by-law shall come into force and take effect on the final passing thereof,
subject to the applicable provisions of the Planning Act, RSO 1990, C. P. 13, as
amended. The Director of Planning is hereby authorized and directed to
proceed with the giving of notice and passing of this by-law in accordance with
the regulations under Section 34 of the Planning Act.
By-law read a first, second and third time, and passed this 4th day of
September 2018.