Township of Cavan Monaghan. Zoning By-law Project. Review and Update. Discussion Paper 7. Agricultural and Rural Areas

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1 Township of Cavan Monaghan Zoning By-law Project Review and Update Discussion Paper 7 Agricultural and Rural Areas Draft May 2017

2 Table of Contents Forward... 2 Executive Summary Official Plan Context Agricultural Designation Rural Designation Defined Terms Analysis of Existing Zoning Summary of Agricultural and Rural Zones Current Zoning of Agricultural and Rural Designations Discussion Analysis of Permitted Uses and Zone Standards (Agricultural and Rural Zones) Permitted Uses in the Agricultural Zone Permitted Uses in the Rural Zone Updating Uses as Per the 2014 Provincial Policy Statement Analysis of Existing Standards Discussion Agricultural and Rural Zoning in the Oak Ridges Moraine (ORM) Official Plan Context ORM Prime Agriculture ORM Rural Existing Zoning in the ORM-Prime Agricultural and ORM-Rural Designations Zone Structure Permitted Uses Coordinated Review of Provincial Plans Page

3 Forward Project Background The existing Township of Cavan Monaghan Zoning By-law No was approved in 2004 and has been subject to a significant number of amendments over the past 12+ years. Since 2004, several new legislative and policy documents have been approved including the new (2015) Township Official Plan. In accordance with Planning Act requirements, the Township is undertaking a review and update of its Zoning By-law to conform with the Official Plan. In addition, this is an opportunity for the Township to implement, where appropriate, a number of local strategies and plans including the Township s Corporate Strategic Plan, Parks and Recreation Master Plan, Downtown Millbrook Revitalization Plan, and Accessibility Plan. What is a Zoning By-law? A Zoning By-law is a legally enforceable document containing regulations and maps, and consists of a series of zones in a range of categories (e.g. residential, commercial, industrial/employment, institutional, agricultural/rural, environmental, etc.). A Zoning Bylaw is used by municipalities to implement the policies of the Official Plan and control: the use of land, buildings and structures the type, bulk, height, size, floor area, spacing, character and location of buildings and structures permitted minimum and maximum density lot sizes and dimensions parking and loading requirements Zoning By-laws are used by a wide variety of people including planners, building officials, by-law enforcement officers, Councillors, residents, agencies, land owners, developers, business owners, lawyers, architects and real estate agents. Project Purpose The Township has initiated a comprehensive review of the Zoning By-law intended to create a new up-to-date and contemporary By-law by: implementing Provincial, County and Township plans and policies addressing local issues and opportunities such as economic development, increasing housing opportunities, and protection of community character implementing innovative and flexible zoning techniques eliminating duplication, redundancy and contradictions 2 Page

4 creating regulations that are easy to understand, interpret and enforce utilizing best practices from other jurisdictions establishing an effective public consultation program Project Work Plan The Township s Zoning By-law Project consists of two Phases: Discussion Papers The Township has prepared a series of Discussion Papers to encourage and inform a community-wide discussion about the Cavan Monaghan Zoning By-law Review Project. Each Discussion Paper provides relevant background and contextual information, and identifies opportunities and issues. As opportunities and issues are identified in each Paper, they are highlighted in the following manner. Issue There may be the need to... Discussion Papers #1 Planning Context #2 Format, Structure, Mapping & Exceptions #3 Definitions, General Provisions & Parking/Loading #4 Residential and Hamlets #5 Millbrook Community Core #6 Commercial & Industrial #7 Agricultural / Rural Area #8 Natural Heritage, Open Space & Recreation To assist in the development of options and recommendations to address these opportunities and issues, relevant trends, best 3 Page

5 practices and input from the community and stakeholders are considered in these Discussion Papers. Recommendations are presented through a series of proposed Directions. General Provisions Proposed Direction #1 That the new Zoning By-law include... Purpose of this Discussion Paper The purpose of this Discussion Paper is to: Provide an overview of the format, structure, mapping and approach to Agricultural and Rural zoning in the current Zoning By-law Provide options and recommendations on potential changes to the structure for the new Zoning By-law Explore options for updating the current permitted uses and zone provisions for the Agricultural and Rural zones Provide recommendations on implementing new Provincial policies for agricultural uses Review the existing zone structure and framework for zoning of agriculture and rural lands in the Oak Ridges Moraine Conservation Plan Area In some cases, issues and opportunities are also discussed in more detail in other Discussion Papers, and in these cases, the reader is referred to the appropriate Paper for more information. We Need Your Input! Engaging residents and stakeholders is one of the goals in the Township s Corporate Strategic Plan. We are seeking your input on the draft Discussion Papers and throughout the project Work Plan. Please provide your comments, ideas and suggestions to: Ms. Karen Ellis, Director of Planning Township of Cavan Monaghan 988 County Road 10, Millbrook, ON, L0A 1G kellis@cavanmonaghan.net Please also visit the Township s website at for future updates related to the project. 4 Page

6 The purpose of this Discussion Paper is to: Executive Summary Provide an overview of the format, structure, mapping and approach to Agricultural and Rural zoning in the current Zoning By-law Provide options and recommendations on potential changes to the structure for the new Zoning By-law Explore options for updating the current permitted uses and zone provisions for the Agricultural and Rural zones Provide recommendations on implementing new Provincial policies for agricultural uses Review the existing zone structure and framework for zoning of agriculture and rural lands in the Oak Ridges Moraine Conservation Plan Area The following points summarize how zoning in agricultural/rural areas could be updated to address local opportunities and needs: The existing Agricultural and Rural zone structure is simple, logical and generally consistent with the land use designations in the Official Plan. Therefore, both the Agricultural (A) and Rural (RU) Zones should be maintained. The Township should ensure that boundaries of the (A) and (RU) Zones on the Bylaw maps correspond with the Agricultural and Rural designations of the Official Plan. The Township should include new definitions for and permit the following additional uses as of right in the new Zoning By-law: agri-tourism, agricultural related, and onfarm diversified uses. A set of development standards should also be introduced based on a more detailed best practices review, dealing with maximum lot area/coverage, maximum GFA, parking, and signage, etc., in order to prevent negative impacts on the agricultural and rural character of the Township. The Township should consider reducing some regulations for the Agricultural (A) and Rural (RU) Zones, to reflect more contemporary zone standards and allow for greater flexibility and reduce the need for minor variances. 5 Page

7 1.0 Official Plan Context The following is a summary of the current Official Plan policy framework for Agricultural and Rural lands within the Township of Cavan Monaghan. As shown in Figure 1.1 (Schedule A of the Official Plan), the Agricultural designation (shown in white) and the Rural designation (shown in yellow) cover a large portion of the Township. Some of the Township s agricultural and rural lands are also located within the Oak Ridges Moraine Conservation Plan (ORMCP) Area, and are subject to a separate set of policies, which implement the Provincial ORMCP. A discussion of these land uses, policies, and current zoning is provided in Section 4.0 of this Paper. Figure 1.1 Official Plan Designations in the Township of Cavan Monaghan 6 Page

8 1.1 Agricultural Designation The Township s Agricultural designation applies to lands that have high capability for agriculture. According to Section 5.2 of the Official Plan, the Agricultural designation applies to lands that generally have soil Classes 1, 2, and 3 (per the Canada Land Inventory) and are predominantly used for agriculture. Table 1 below provides a summary of the intent, key objectives and permitted uses in the Agricultural designation, as detailed in Section 5.1 of the Official Plan. Intent / Key Objectives Permitted Uses Key Policies Table 1.1 Summary of Intent, Key Objectives, and Permitted Uses Agricultural Designation Agricultural Designation Protect Prime Agricultural lands Recognize agriculture as the primary activity and land use Maintain and preserve the agricultural resources base Agricultural uses as defined by the Provincial Policy Statement Single-detached dwellings on existing lots An accessory residential dwelling for full-time farm help Additional dwelling unit(s) for bona fide farm help, subject to criteria Archeological activities Existing public uses Home-based industry, subject to criteria Small-scale farm related tourism establishments, subject to criteria Farm related industrial uses that directly services and support the agricultural industry, subject to criteria Passive non-motorized recreational uses Kennels Transportation and utility facilitates Watershed management, flood, and erosion control projects Forest, wildlife, and fisheries management Wayside pits, quarries, and portable asphalt and concrete plants subject to requirements from Ministry of Environment Limited lot creation/lot severance may be permitted, subject to criteria New and expanding major recreational uses, such as golf courses or camp grounds will not be permitted All new agricultural uses are required to meet the Provincial Minimum Distance Separation Formula (MDS2) As shown above, the majority of permitted uses in the Agricultural Designation include agricultural/agriculturally-related uses and resource-based uses. The Agricultural designation and existing policy framework is consistent with the 2014 Provincial Policy Statement, which requires planning authorities to designate prime agricultural areas so that they are protected for long-term agricultural use. 7 Page

9 1.2 Rural Designation The Rural designation in the Official Plan applies to the following: Lands within Classes 4 and higher (per the Canada Land Inventory) Organic soils; Class 1 to 3 soils which are adjacent to the Classes listed above and form part of a large and contiguous block of poorer agricultural land Areas where previous non-farm development and lot creation has effectively limited the future of intensive farm activity Table 1.2 below provides a summary of the intent, key objectives and permitted uses in the Rural designation, as detailed in Section 5.2 of the Official Plan. Table 1.2 Summary of Intent, Key Objectives and Permitted Uses Rural Designation Intent / Key Objectives Permitted Uses Rural Designation Intended to apply to Non-Prime Agricultural Lands Protect land suitable for agriculture from further unrelated uses and scattered development Direct limited non-farm growth to the rural designation Encourage rural economic activity that does not adversely impact current agricultural or rural residential uses All uses permitted in the Agricultural designation Single dwelling houses on existing lots, subject to criteria Home-based businesses within residences and accessory buildings Small-scale commercial and industrial uses Cross-country skiing and hiking trails Small-scale tourism establishments, such as bed and breakfasts, that are compatible with the rural character of the area Forestry, reforestation, and conservation As summarized above, uses permitted in the Rural designation include all agricultural uses permitted in the Agricultural designation and limited residential uses, recreational uses and small-scale commercial and industrial uses. The Rural designation and existing policy framework is also consistent with the 2014 Provincial Policy Statement, which requires Rural lands to be used for the management of resources, recreation, tourism, and other economic opportunities that can be sustained by rural service levels and stay compatible with the rural landscape. 8 Page

10 1.3 Defined Terms In addition to the Official Plan s land use and policy framework, as described above, there are a number of definitions in the existing Official Plan which provide additional detail with respect to permitted uses. These definitions are provided in Table 1.3 below. Official Plan Term Agricultural Uses Table 1.3 Summary of Official Plan Agricultural Definitions Official Plan Definition Means growing crops, including nursery and horticultural crops; raising livestock and other animals, including poultry and fish, for food and fur; aquaculture; and agro-forestry and maple syrup production. Agriculturerelated Uses Animal Agriculture Means farm related commercial and industrial uses that are small-scale, directly related to a farm operation, and required in close proximity to the farm operation. Means growing, producing and raising farm animals including, not limiting, livestock, including equines, poultry and ratites; fur-bearing animals; bees; cultured fish; deer and elk; and game animals and birds. In 2014, the Provincial Policy Statement was updated to enhance existing definitions and introduce new agricultural uses and terms, which was intended to promote more diversified agricultural economy and to allow a wider range of related and supportive farming activities in Ontario. New and updated definitions from the PPS are provided in Table 1.4 below. PPS Term Agricultural Uses Agri-tourism Uses Agriculturerelated Uses Table 1.4 Summary of PPS Agricultural Definitions PPS Definition Means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, valueretaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment Means those farm-related tourism uses, including limited accommodation such as a bed and breakfast, that promote the enjoyment, education or activities related to the farm operation. Means those farm-related commercial and farm-related industrial uses that are directly related to farm operations in the area, support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. 9 Page

11 PPS Term On-farm Diversified Uses PPS Definition Means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. Issue To-date, new and updated terms and definitions in the Provincial Policy Statement related to agricultural uses have not been implemented in the Township s Official Plan. However, all decisions of Council must be consistent with Provincial policy statements and therefore, these terms and definitions should be implemented in the new Zoning By-law, where appropriate. This is discussed further in Section 3.3 of this Paper. The definitions and terms should also be implemented in the Township s Official Plan. 10 Page

12 2.0 Analysis of Existing Zoning The following is an overview of how the Agricultural and Rural designations are zoned in the existing Zoning By-law. Suggested approaches for the new Zoning By-law are also identified. Analysis of zoning in the ORM-Prime Agricultural and ORM-Rural designations is provided in Section 4 of this Paper. 2.1 Summary of Agricultural and Rural Zones The following table provides a high-level summary of the Agricultural (A) and Rural (RU) Zones in the existing Zoning By-law. More detailed comparisons of permitted uses and regulations are provided later in this Paper. Table Comparison of Permitted Uses in Existing Agricultural (A) and Rural (RU) Zones in Current Zoning By-law Zone Permitted Uses Comments Agricultural (A) Residential uses: single detached dwelling and accessory single detached dwelling conversion of existing single detached dwelling to duplex or semidetached bed and breakfast Non-residential uses: farm riding school or boarding stables, an animal hospital, a livestock sales barn kennel home occupation and home industry conservation and forestry farm produce sales outlet wayside pits and quarries many similarities between the uses permitted in the (A) and (RU) Zones major difference is that the (RU) Zone permits limited non-farm uses conservation and forestry permitted in (A) Zone and resource management permitted in (RU) Zone farm produce sales outlet as accessory use permitted in (A); farm produce sales outlet permitted in (RU) provided produce is product of the farm 11 Page

13 Rural (RU) permits the same uses as the A zone, as well as hunting lodge, public park, resource management and existing cemetery wayside pits and quarries not listed as permitted use in RU Zone 2.2 Current Zoning of Agricultural and Rural Designations There are multiple zones that apply to lands designated Agricultural within the Township Official Plan. The following Tables 2.2 and 2.3 provide a summary of the zones that currently apply. Table 2.2 Zones Currently Applied to Lands Designated Agricultural Zones in Agricultural Designation Where the Zones Apply Agricultural (A) Rural (RU) Rural Residential (RR) Hazard (H) Open Space (OS) The majority of lands designated Agricultural are zoned (A) however, there are properties/areas across the Township zoned (RU). Applies to a large number of rural residential lots across the Township. Applies to several large areas of land that are adjacent to the Township s Natural Heritage System. Applies to a small number of lots. Recreational Commercial (RC) Applies to one individual lot. Institutional (I) Disposal Industrial (DM) General Industrial (GM) Highway Commercial (HC) Applies to a small number of lots. Applies to one individual lot. Applies to a small number of lots. Applies to a small number of lots. 12 Page

14 Table 2.3 Zones Currently Applied to Lands Designated Rural Zones in Rural Designation Where the Zones Apply Rural (RU) Rural Residential (RR) Agricultural (A) Estate Residential (ER) Open Space (OS) Hazard (H) Residential Type 2 (R2) Institutional (I) General Industrial (GM) Development (D) Highway Commercial (HC) These zones apply to the majority of lots. Applies to several large lots that are designated Rural. Applies to a small number of lots. Applies to a small number of lots. Applies to several large areas of land that are adjacent to the Township s Natural Heritage System. Applies to one individual lot. Applies to a number of lots. Applies to a number of lots. Applies to a small number of lots. Applies to a small number of lots. As shown in Tables 2.2 and 2.3, the majority of lands in the Agricultural and Rural designation are zoned (A) or (RU). A mapping analysis was completed to assist in the comparison of Official Plan designations and the current zoning that applies. Figure 2.1 below shows an example of the mapping analysis completed for a portion of the Township s existing Agricultural (shown in white) and Rural designations (shown in yellow). Notably, while much of the lands in the Agricultural designation are zoned A, the example mapping shows that a large number of properties are also zoned (RU). Figure 2.1 Official Plan and Zoning By-Law Comparison 13 Page

15 Figure 2.2 below also shows that there are a number of Rural properties in the Township that are currently zoned (A). Figure 2.2 Official Plan and Zoning By-Law Visual Comparison Discussion From a mapping perspective, the (A) Zone appears to generally implement the Agricultural designation and the (RU) Zone appears to generally implement the Rural designation. As discussed in Section 2.1 of this Paper, the major difference when comparing permitted uses in the (A) and (RU) Zones is that the (RU) Zone also permits limited non-farm uses in addition to agricultural uses permitted in both the (A) and (RU) Zones. On this basis, it is recommended that the Township maintain the current structure in the Zoning By-law which consists of two zones intended to implement the Agricultural and Rural designations. However, there is the need to ensure that permitted uses in the (A) and (RU) Zones appropriately reflect uses permitted in the Agricultural and Rural designations of the Official Plan. This is addressed in Section 3 of this Paper. Agricultural/Rural Areas - Proposed Direction #1 The existing Agricultural and Rural zone structure is simple, logical and generally consistent with the land use designations in the Official Plan. Therefore, both the Agricultural (A) and Rural (RU) Zones should be maintained. It is noted however that the (A) and (RU) Zones have not been consistently applied in accordance with the Official Plan designation to-date. On this basis, it is recommended that the Township ensure that boundaries of the (A) and (RU) Zones on the By-law maps correspond with the Agricultural and Rural designations of the Official Plan. 14 Page

16 Agricultural/Rural Areas - Proposed Direction #2 It is recommended that the Township ensure that boundaries of the (A) and (RU) Zones on the By-law maps correspond with the Agricultural and Rural designations of the Official Plan. 15 Page

17 3.0 Analysis of Permitted Uses and Zone Standards (Agricultural and Rural Zones) Section 2.0 of this Paper has already identified that the existing Agricultural (A) and Rural (RU) Zone structure is generally consistent with the land use designations in the Official Plan and should be maintained. The following is a more detailed review and discussion of permitted uses in the existing (A) and (RU) Zones, as compared to the Township s Official Plan, as well as current zone standards, to determine if any updates are required. 3.1 Permitted Uses in the Agricultural Zone Table 3.1 provides a detailed comparison of the permitted uses of the Agricultural designation in the Official Plan and the A zone. Comments are provided with respect to any current gaps or conflicts. Table 3.1 Permitted Uses in the Agricultural Designation as Compared to the Existing Agricultural (A) Zone Permitted Uses Comparison Agricultural uses Additional dwelling unit(s) on a commercial farm for farm help Archaeological activities Agricultural OP ZBL Comment - Official Plan states that primary use of land shall be agricultural, as defined by PPS. - Agricultural uses are not explicitly permitted in the Zoning By-law; however the term Agricultural Use is defined. - A farm is listed as a permitted use and is defined as land used for the tillage of soil and the growing of vegetables, fruits, grains and other staple crops including livestock raising, dairying, or wood lots. - Agricultural Uses should be specifically permitted in the Zoning By-law as defined by the PPS. This is further discussed in Section 3.2 below. - Permitted by Section a) of Official Plan (subject to criteria in Section 5.1.4a) and Section 11.1 b) of the Zoning By-law. - Permitted by Section b) of Official Plan Existing public uses - Permitted by Section c) of Official Plan. Home-based industries - Permitted by Section d) of Official Plan subject to criteria included in Section b) and Section 11.2 e) of Zoning By-law. 16 Page

18 Small scale farm related commercial tourism establishments Farm related industrial uses Forest, wildlife, and fisheries management Passive nonmotorized recreational uses Kennels Single detached dwellings Transportation and utility facilities Watershed management and flood and erosion control projects Wayside pits and quarries Portable asphalt plants, and concrete plants Conversion of a single detached dwelling to a duplex or semi-detached, subject to criteria Bed and breakfast A farm including a farm house Riding school or boarding stables, an animal hospital, and a livestock sales barn - Permitted by Section d) of Official Plan subject to criteria included in Section c). - Permitted by Section f) of Official Plan provided that the use directly services and supports the agricultural industry and requires a location in close proximity to farming operations. - Permitted by Section g) of Official Plan and Section 11.2 c) of Zoning By-law. - Permitted by Section h) of Official Plan. - Permitted by Section i) of Official Plan and Section 11.2 g) of Zoning By-law. - Permitted as of right on existing lots in Agricultural Area by Section j) of Official Plan. - Permitted by Section 11.1 a) of Zoning By-law. - Permitted by Section k) of Official Plan. - Permitted by Section l) of Official Plan. - Permitted by Section m) of Official Plan and Section 11.2 h) of Zoning By-law. - Permitted by Section m) of Official Plan. - Permitted by Section 11.1 c) of Zoning By-law. - Generally permitted in all designations by Section 3.11 of Official Plan. Permitted by Section 11.1 d) of Zoning By-law. - Permitted as an Agricultural Use by the Official Plan. - Permitted by Section 11.2 a) of Zoning By-law. - Permitted by Section 11.2 b) of Zoning By-law. 17 Page

19 A farm produce sales outlet as an accessory use Home-occupation - Permitted by Section 11.2 f) of Zoning By-law. - Generally permitted in all designations by Section 3.11 of Official Plan. Permitted by Section 11.2 d) of Zoning By-law. Issue There are some agricultural uses permitted by the Official Plan that are not permitted or defined within the Zoning By-law, such as small scale farm related commercial tourism establishments and farm related industrial uses. Some of these gaps could be addressed by including new agricultural uses and terms (as defined by the PPS) in the new Zoning By-law. This is discussed in Section 3.3 below. Additionally, there are some uses permitted in the Zoning By-law that aren t permitted in the Official Plan, such as a riding school/animal hospital. 3.2 Permitted Uses in the Rural Zone Table 3.2 provides a comparison of permitted uses in the Rural designation of the Official Plan and the Rural Zone. Comments are provided with respect to any current gaps or conflicts. Table 3.2 Permitted Uses in the Rural Designation as Compared to the Existing (RU) Zone Permitted Uses Comparison Agricultural uses Additional dwelling unit(s) on a commercial farm for farm help Home-based industries Rural OP ZBL Comment - Section of Official Plan states that agricultural uses as defined by PPS and permitted in Agricultural designation (as per Section 5.1.2) are permitted. - Agricultural uses are not explicitly permitted in the Zoning By-law; however the term Agricultural Use is defined. - Agricultural Uses should be permitted in the Zoning By-law as defined by the PPS. - Section of Official Plan permits these agricultural uses (as listed Section of the Agricultural designation) in the Rural Area. Permitted by 10.1 b) of Zoning By-law Permitted by 10.2 g) of Zoning By-law 18 Page

20 Permitted Uses Comparison OP Rural ZBL Comment Small scale farm related commercial tourism establishments N/A Farm related industrial uses N/A Single dwelling houses on existing lots of record or lots created by a consent to a land severance - Permitted by Section a) of the Official Plan and Section 10.1 a) of Zoning By-law. Home-based businesses - Permitted by Section b) of the Official Plan and Section 10.2 f) of Zoning By-law. Small-scale commercial and industrial uses that service the Countryside Areas - Permitted by Section c) of the Official Plan. Hiking and crosscountry ski trails which require a large land area - Permitted by Section d) of the Official Plan. Bed and breakfast establishments and similar, small-scale accommodation which caters to tourists and travelers and is compatible with the rural character - Permitted by Section e) of the Official Plan and Section 10.1 d) of the Zoning By-law. Forestry, reforestation and conservation - Permitted by Section f) of the Official Plan and Section 10.2 b) of the Zoning By-law. Conversion of a single detached dwelling to a duplex or semi-detached, subject to criteria - Permitted by Section 11.1 c) of Zoning By-law. Farm - Permitted as an Agricultural Use by the Official Plan. - Permitted by Section 10.2 a) of Zoning By-law. 19 Page

21 Riding school or boarding stables, an animal hospital, a livestock sales barn, and hunting lodge A farm produce sales outlet provided such produce is a product of the farm on which the outlet is located; - Permitted by Section 10.2 c) of Zoning By-law. - Permitted by Section 10.2 d) of Zoning By-law. Kennel - Permitted by Section 10.2 e) of Zoning By-law. A cemetery - Permitted by Section 10.2 h) provided it was existing on the date of passing of the Zoning By-law. A public park - Permitted by Section 10.2 i) of Zoning By-law. Issue Similar to the Agricultural review in Section 3.1, there are some uses permitted by in the Rural designation of the Official Plan that are not permitted or defined within the Zoning By-law and there are some uses permitted in the Rural Zone that aren t permitted in the Official Plan. Agricultural/Rural Areas - Proposed Direction #3 Permitted uses for the Agricultural (A) and Rural (RU) Zones should be updated so that they are consistent with the corresponding designations of the Official Plan. 20 Page

22 3.3 Updating Uses as Per the 2014 Provincial Policy Statement As discussed in Section 1.3 of this Paper, the PPS was updated in 2014 to promote a more diversified agricultural economy and to allow a wider range of related and supportive farming activities in Agricultural and Rural areas across Ontario. This was done by enhancing existing definitions and introducing new agricultural uses and terms. Table 3.3 below provides a summary of these uses and how they are currently addressed in the existing Official Plan and Zoning By-law. The definitions are also provided in Section 1.3 for reference. Table 3.3 Updated Agricultural Uses/Terms from the PPS PPS Term Addressed by Official Plan Addressed by Zoning By-law Agricultural uses Agri-tourism uses Agriculture-related uses On-farm diversified uses - Definition in current Official Plan has not been updated per PPS and fewer uses are therefore permitted. - Not defined or permitted in Official Plan as per PPS. - Only small scale farm related commercial tourism establishments are permitted (as identified in Table 3.1) subject to criteria. - Not defined or permitted in Official Plan as per PPS. - Only farm related industrial uses are permitted (as identified in Table 3.1) subject to criteria. - Not defined or permitted in Official Plan as per PPS. - Definition in current Zoning By-law has not been updated per PPS and fewer uses are therefore permitted. - Not defined or permitted in Zoning By-law as per PPS. - Not defined or permitted in Zoning By-law as per PPS. - Not defined or permitted in Zoning By-law as per PPS. Opportunity Although the Township will need to implement new agricultural policies and uses in its Official Plan through another planning process, such as the next Official Plan Review, there is an opportunity to permit a wider range of agri-tourism, agricultural related, and on-farm diversified uses in Agricultural and Rural Areas, in accordance with the 2014 PPS. There are a growing number of municipalities that are updating local Zoning By-laws to implement new policy direction related to agricultural uses and economic diversification in Agricultural areas, which can serve as best practice examples to the Township of Cavan 21 Page

23 Monaghan. Table 3.4 provides a summary of new agricultural uses and associated development standards that were recently included in the Town of Caledon Zoning By-law (2015), to enhance opportunities for agricultural-related uses. Table 3.4 New Agricultural Uses - Zoning Regulations in the Town of Caledon New Permitted Uses Definition Development Standards (in addition to Agricultural and Rural Zone provisions) Agriculturerelated Commercial Use Agriculturerelated Industrial Use Agri- Tourism Use On-Farm- Diversified Use A facility dedicated to the retail sale of goods and/or the provision of services that support the local agricultural industry and may include, but not be limited to a farm supply co-op, livestock assembly yard, farm equipment sales and repair establishment and local farm product retailer. A facility dedicated to the fabrication, processing, storage and distribution of farm products that support the local agricultural industry which may include, but not be limited to a feed mill, grain dryer, grain elevator, cold/dry storage facility, fertilizer storage and distribution facility, and food processor. A use, located on and accessory to an active, working farm where patrons are invited to attend the premises for the purpose of enjoyment, education or active participation in the activities of the farm where the agricultural use remains as the principle activity on the property and where the products used in the activity are produced on the property and/or related to farming. A use located on and subordinate to an active farm and that is managed by a bona fide farmer and/or a family member residing on the farm and may include but is not limited to a carpentry shop, craft shop, metal working shop, repair shop, plumbing shop, electrical shop, welding shop, a storage building for school buses, boats and snowmobiles or a similar use. shall only be permitted as the principle use on lots having an area not exceeding 4 ha and receiving site plan approval shall also be permitted secondary to an active farm provided the standards for agri-tourism uses and on-farm diversified uses are met (as summarized below) food concession stand(s) accessory to an agri-tourism use shall not exceed a combined total floor area 50 m 2 No more than 2% to a maximum of 2,000 m 2 (0.2 ha) of the lot area shall be used for an on-farm diversified use including but not limited to buildings or structures, parking areas and all components used exclusively for the use A minimum of 1 parking space per 100 m 2 of total floor area is required There shall be no advertising on the property, other than a lawful sign, to indicate to persons outside 22 Page

24 New Permitted Uses Definition Development Standards (in addition to Agricultural and Rural Zone provisions) that any part of the lot is being used for an On-Farm Diversified Use No more than 25% of the area of the dwelling unit shall be used for an on-farm diversified use The accessory display and retail sale of on-farm diversified use goods, wares or merchandise is permitted subject to the following provisions: i) The combined area of all areas devoted to retail sales and display shall not exceed 30% of the total gross floor area of the on-farm diversified use. ii) The accessory display and retail sales component of an on-farm diversified use must be conducted by or directly involve the owner/operator of the farm operation Agricultural/Rural Areas - Proposed Direction #4 It is recommended that the Township include new definitions for and permit the following additional uses as of right in the new Zoning By-law: agri-tourism, agricultural related, and on-farm diversified uses. A set of development standards should also be introduced based on a more detailed best practices review, dealing with maximum lot area/coverage, maximum GFA, parking, and signage, etc., in order to prevent negative impacts on the agricultural and rural character of the Township. 3.4 Analysis of Existing Standards Table 3.5 below provides a summary of some of the key zone provisions for the Agricultural and Rural Zones in the existing Zoning By-law. 23 Page

25 Table 3.5 Existing Standards Summary for the Agricultural and Rural Zones Standard Agricultural (A) Zone Rural (RU) Zone Minimum Lot Area (ha) Minimum Lot Frontage (m) Minimum Front Yard Depth (m) Minimum Side Yard Width (m) Minimum Rear Yard Depth (m) Residential Uses 4 4 Non-Residential Uses Residential Uses 4 6 Non-Residential Uses Minimum Dwelling Unit Area (m 2 ) (for singledetached uses) Maximum Lot Coverage (%) Maximum Building Height (m) N/A N/A 20 (for residential uses) 9.1 (9.0 for residential uses) Maximum Number of Dwellings per lot N/A 1 Maximum Number of Dwelling Units per lot N/A 1 As shown, there are notable differences in regulations when comparing the two zones with respect to: lot area, lot coverage, building height, and the number of dwellings/units permitted on one lot. As part of the Township s Zoning By-law Project, as discussed in the Forward to this Paper, it is an overall goal to explore the potential to implement more innovative, contemporary, and flexible zoning provisions. To address this goal and determine how existing zone provisions could be updated and made more flexible, a review of minor variances approved since adoption of the existing Zoning By-law has been completed, as summarized in Tables 3.6 and 3.7 below. 24 Page

26 Minor Variance Type Minor Variance Type Table Summary of Approved Minor Variances in Agricultural (A) Zone Table Summary of Approved Minor Variances in Rural (RU) Zone Number of Variances Percentage Minimum Lot Area Minimum Lot Frontage Minimum Front Yard 7 16 Minimum Rear Yard 1 2 Minimum Interior Side Yard 6 14 Minimum Floor Area 1 2 This data demonstrates that the majority of minor variances have been requested and approved for the following: Minimum lot area; Minimum lot frontage; Minimum front yard; and Minimum interior side yard. Number of Variances Percentage Minimum Lot Area Minimum Lot Frontage 6 35 Minimum Interior Side Yard 1 6 Opportunity There is an opportunity to review existing zone provisions to determine if they could be updated and made more flexible, thereby reducing the need for some minor variances in the future. In order to determine how the existing zone provisions could be updated, a best practice review of other Agricultural and Rural Zones in comparable municipalities has been completed, as summarized in Table 3.8 below. 25 Page

27 Table 3.8 Best Practices Review of Agricultural and Rural Zone Standards Standard Township of Elizabethtown Kitley Agricultural (A) Zone Rural (RU) Zone Township of Otanabee South Monaghan Agricultural (A) Zone Rural (RU) Zone Minimum Lot Area (ha) Minimum Lot Frontage (m) Minimum Front Yard Depth (m) Minimum Side Yard Width (m) Interior Exterior Minimum Rear Yard Depth (m) Minimum Dwelling Unit Area (m 2 ) Maximum Lot Coverage (%) Maximum Building Height (m) Maximum Number of Dwellings per lot Maximum Number of Dwelling Units per lot Discussion Based on the goals of this project, and a review of minor variances and best practices, it is recommended that the Township consider modifications to the regulations for the (A) and (RU) Zones. 26 Page

28 Agricultural/Rural Areas - Proposed Direction #5 It is recommended that the Township consider reducing some regulations for the Agricultural (A) and Rural (RU) Zones, to reflect more contemporary zone standards and allow for greater flexibility and reduce the need for minor variances. For example, the following standards could be updated as appropriate: minimum lot area; minimum frontage; and minimum yard requirements. 27 Page

29 4.0 Agricultural and Rural Zoning in the Oak Ridges Moraine (ORM) Within the Township s Agricultural and Rural designations of the Official Plan, there are also sub-categories which apply to agricultural and rural lands within the Provincial Oak Ridges Moraine Conservation Plan Area. This Section examines the Township s overall approach to zoning in these areas, which was implemented in Official Plan Context ORM Prime Agriculture The ORM - Prime Agricultural designation is a sub-category of the Agricultural designation. This designation includes prime agricultural lands in the ORM, in accordance with the Oak Ridges Moraine Conservation Plan Countryside Area Designation, which is intended to act as a rural transition or buffer area between Natural Core features and the Plan s Natural Linkages, and to protect agriculture and natural features. According to Section of the Official Plan, the purpose of the ORM - Prime Agricultural designation is to protect land suitable for agriculture from scattered development and land uses unrelated to agriculture. Table 4.1 below provides a summary of permitted uses and other key policies in the Official Plan, which implement the policies of the ORMCP. Table 4.1 Summary of Intent, Key Objectives, and Permitted Uses ORM - Prime Agricultural Designation ORM Prime Agricultural Designation Intent / Key Objectives Permitted Uses and Key Policies Intended to apply to Prime Agricultural Lands within the Oak Ridges Moraine Conservation Plan Area. Align Official Plan policies with those of the Oak Ridges Moraine Conservation Plan Agriculture, agriculture related and secondary uses Forest, wildlife and fisheries management Watershed management and flood and erosion control projects Transportation, infrastructure, and utilities Passive low intensity recreational uses Archaeological activities New single-detached dwellings and expansions to existing singledetached dwellings and accessory uses on existing lots Home-based businesses and small-scale home industries Bed and breakfast establishments and farm vacation homes as an accessory use to a single-detached dwelling New agricultural operations, existing agricultural operations and expansions to existing agricultural buildings and structures and accessory uses All of the uses permitted in the Natural Linkage Areas 28 Page

30 4.1.2 ORM Rural Wayside pits Small-scale commercial, industrial, and institutional uses permitted in the Oak Ridges Moraine Conservation Plan Major recreational uses as described in the ORMCP Uses accessory to the foregoing The ORM Rural designation is also a sub-category of the Rural designation. These lands are located within the Oak Ridges Moraine Conservation Plan Countryside Area Designation and have primarily Class 4 and higher soils according to the Canada Land Inventory (CLI). According to Section of the Official Plan, the purpose of the ORM Rural designation is to maintain the rural character of the area and to protect the lands from uncontrolled and scattered development. Table 4.2 below provides a summary of permitted uses and other key policies in the Official Plan, which implement the policies of the ORMCP. Table 4.2 Summary of Intent, Key Objectives, and Permitted Uses Agricultural Designation ORM Rural Intent / Key Objectives Permitted Uses and Key Policies Intended to apply to Rural Lands within the Oak Ridges Moraine Conservation Plan Area that have primarily class 4 soils or higher. Align Official Plan policies with those of the Oak Ridges Moraine Conservation Plan All of the uses permitted in the ORM-Prime Agricultural and Natural Linkage Areas designations Wayside pits; Agriculture-related uses Small-scale commercial, industrial, and institutional uses permitted in the ORMCP Low intensity recreational uses, subject to criteria Uses accessory to the foregoing Major recreational uses, subject to criteria 4.2 Existing Zoning in the ORM-Prime Agricultural and ORM-Rural Designations Zone Structure There are multiple zones that apply to the lands designated ORM-Prime Agricultural and ORM-Rural in the Official Plan. The following table provides a summary of the various zones that currently apply. Comments are also provided with respect to where each of the zones are applied. 29 Page

31 Table Summary of Applicable Zones for the ORM Prime Agricultural and ORM Rural Designations Designation Applicable Zones Comments ORM Prime Agricultural ORM - Rural Oak Ridges Moraine Countryside (ORMCO) Zone Oak Ridges Moraine Environmental (ORME) Zone Oak Ridges Moraine Environmental Plan Review (ORMEPR) Zone Oak Ridges Moraine Core (ORMC) Zone Oak Ridges Moraine Countryside (ORMCO) Zone Oak Ridges Moraine Environmental (ORME) Zone Oak Ridges Moraine Environmental Plan Review (ORMEPR) Zone Oak Ridges Moraine Linkage (ORMC) Zone Applies to the majority of lots in the ORM Prime Agricultural area, which serve as an agricultural and rural transition and buffer between the Natural Core Areas and Natural Linkage Areas Applies to lands within the ORM Prime Agricultural area that also have the highest concentration of sensitive and/or significant natural features and functions This is an overlay zone that applies to lands within the area of influence from a key natural heritage feature or a hydrologically sensitive area and its associated vegetative protection zone Applies to Key Natural Heritage Features and Key Hydrologic Features within the ORM Prime Agricultural area Applies to the majority of lots in the ORM Rural area, which serve as an agricultural and rural transition and buffer between the Natural Core Areas and Natural Linkage Areas Applies to lands within the ORM Prime Agricultural area that also have the highest concentration of sensitive and/or significant natural features and functions This is an overlay zone that applies to lands within the area of influence from a key natural heritage feature or a hydrologically sensitive area and its associated vegetative protection zone Applies to lands within the ORM Rural area that form a 120 metre vegetative protective buffer zone for Key Natural Heritage Features 30 Page

32 A mapping analysis has been completed to visually show the result of comparing Official Plan designations and zoning. Figures 4.1 and 4.2 below show examples of the mapping analysis for the existing ORM-Prime Agricultural areas and existing ORM-Rural areas. Figure 4.1 ORM Agricultural Designation and Zoning Comparison Official Plan Land Use Schedule A Zoning By-law ORM Land Use Schedule Figure 4.1 ORM-Rural Designation and Zoning Comparison Official Plan Land Use Schedule A Zoning By-law ORM Land Use Schedule 31 Page

33 As shown on the Tables and mapping comparisons above, the Township has implemented zone structure for Agricultural and Rural Areas within the Oak Ridges Moraine that: Applies one zone (Oak Ridges Moraine Countryside Zone) to both Agricultural and Rural designations; and Applies multiple zones to the natural heritage system where key features, linkages, and buffer areas occur Permitted Uses Table 4.4 below provides a comparison of permitted uses in the Oak Ridges Moraine Conservation Plan Countryside designation, Official Plan ORM-Agricultural and ORM-Rural designations, and ORM-Countryside Zone. As shown in Table 4.4, there are no issues with the Township s current approach to the zone structure for Agricultural and Rural areas, since the permitted uses in the Oak Ridges Moraine Conservation Plan (for Countryside Areas), Official Plan ORM Agricultural and Rural designations, and the Oak Ridges Moraine Countryside Zone are almost identical. On this basis, there is no need to differentiate between Prime Agricultural and Rural zones in the Oak Ridges Moraine. Table Permitted Use Comparison for ORM Designations and Zones Permitted Use ORMCP Countryside Designation OFFICIAL PLAN ORM Agricultural Designation ORM Rural Designation ZONING BY- LAW ORM Countryside Zone Agricultural uses Agricultural related uses Agricultural secondary uses Forest, wildlife and fisheries management Watershed management and flood and erosion control projects Transportation, infrastructure, and utilities Passive low intensity recreational uses Archaeological activities Home-based business and small-scale home industry as an accessory use Bed and breakfast establishments and farm 32 Page

34 Permitted Use vacation homes as an accessory use ORMCP Countryside Designation OFFICIAL PLAN ORM Agricultural Designation ORM Rural Designation ZONING BY- LAW ORM Countryside Zone Wayside pits Small-scale commercial, industrial, and institutional uses Major recreational uses as defined in the ORMCP Unserviced parks Accessory uses to the foregoing Opportunity The Township s approach to implementation of the Oak Ridges Moraine Conservation Plan as it relates to Agricultural and Rural lands in the Countryside Area designation is simple, logical, and has been effective to-date. Therefore, there may be an opportunity to maintain the existing zone structure and permitted uses in the new Zoning By-law Coordinated Review of Provincial Plans Notwithstanding the above, it should also be noted that the Province of Ontario is currently undertaking a review of ORM designations within the four Provincial Plans, which work together to manage growth, build complete communities, curb sprawl and protect the natural environment in Ontario s Greater Golden Horseshoe region: Growth Plan for the Greater Golden Horseshoe (2006) Greenbelt Plan (2005) Oak Ridges Moraine Conservation Plan (2002) Niagara Escarpment Plan (2005) Proposed amendments to the Oak Ridges Moraine Conservation Plan (ORMCP) were released by the Province and made available for public comment in Comments are now being reviewed and addressed by the Province and a final Proposed ORMCP is anticipated to be released for public review in Based on a review of the proposed 2016 ORMCP, the following key changes have been identified: 33 Page