Urban Agriculture: Laying Hens & Beekeeping February 28, 2017 FIRST READING - URBAN AGRICULTURE: LAYING HENS AND BEEKEEPING

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1 Urban Agriculture: Laying Hens & Beekeeping February 28, 2017 Recommendation Report Town Council TO: SUBMITTED BY: Mayor Anna Allen and Members of Windsor Town Council Chair, Windsor Planning Advisory Committee DATE: February 24, 2017 SUBJECT: FIRST READING - URBAN AGRICULTURE: LAYING HENS AND BEEKEEPING ORIGIN In June 2016, staff received a request from a resident to allow laying hens within the Town of Windsor. At the time of the request, this would only be permitted in the Agricultural zone in the Town. Direction was given for staff to investigate the matter further and provide a report on the issue. It was requested that the issue of beekeeping be included in the investigation. RECOMMENDATION BACKGROUND THAT COUNCIL GIVE FIRST READING TO AMEND THE LAND USE BY-LAW (LUB), AS ATTACHED, TO ALLOW LAYING HENS AND BEEKEEPING ON RESIDENTIAL PROPERTIES IN THE TOWN OF WINDSOR. In June 2016, staff received a request from a resident to consider an amendment to the Land Use By-Law to allow property owners within the Town to own/raise laying hens. Staff explored the issue and brought back a report to the Planning Advisory Committee on January 18, Staff sought feedback from the public through the Town website and social media with many s and comments received (18 s (13 in favor, 5 against) and 31 comments on social media (26 in favor, 5 against). Primary issues of those not in favor were related to noise, smells, attraction of rodents and other nuisance animals, enforcement, solid waste impact, and property values. These issues were addressed in the staff report. DISCUSSION During the January 18, 2017 PAC meeting, Planner Lake reported the proposed land use by-law amendments provided in his staff report are consistent with the relevant policies of the Municipal Planning Strategy and land use regulation already present in other municipalities across the country. Members of the Planning Advisory Committee suggested that a development permit be required to allow the use and identify properties where urban agriculture is occurring. The permit would be property specific. Additionally, it was suggested that an Page 1 of 2

2 educational piece be provided and available to the public so that they are aware of the requirements and restrictions in allowing laying hens and bees. At its meeting of January 24 th, 2017, Town Council made a motion to proceed with the matter, and a public hearing was scheduled. The motion however was based on a set of amendments which were not changed to include the requirement for a Development Permit as was discussed at the Planning Advisory Committee meeting on January 18. This was raised during presentation and discussion of the staff report, however, not appropriately amended in the proposed Land Use By-Law amendments which proceeded to First Reading. The revised amendments attached reflect that change. Should Council give first reading to the amendments, a Public Hearing would be rescheduled and public notice would be given. Section 210 of the Municipal Government Act states that a Public Participation Program for such an amendment is at the discretion of Council and could be organized by staff but given the feedback already sought, it was felt the Public Hearing Process would suffice. ATTACHMENTS 1) Proposed Land Use By -Law Amendments (A mended) 2) Staff Report January 18, ) Urban Agricultu re Guidelines Notice Additional copies of this report, and information on its status, can be obtained by contacting the Planning Assistant at Report Prepared by: Janet Redden, Administrative Assistant, Department of Planning and Development Page 2 of 2

3 PROPOSED AMENDMENTS TO LAND USE BY-LAW The following amendments are proposed to enable Urban Agricultural Uses in the Town of Windsor: 1. Amend Section 5.0 General Provisions for All Zones by adding subsection 5.44, as included here: Urban Agricultural Uses 5.44 (a) In all Residential zones and the Town Centre zone, up to four (4) chicken laying hens shall be permitted on a property where the primary use is a single detached or 2-unit dwelling. For lots smaller than 465m 2 (5000ft 2 ), 1 chicken laying hen shall be permitted per 92 m 2 (1000ft 2 ) of lot area. The following regulations are application to the keeping of chickens: (i) Chicken laying hens must be contained on the property and kept in a secure coop, constructed to ensure adequate shelter is provided for the animals. (ii) Setbacks for any structure (laying hen coop or run) shall be pursuant to the accessory building requirements outlined in Section 5.1. (iii) Feed for the laying hens shall be properly stored in an enclosed vessel(s), and areas or enclosures intended for the keeping of the laying hens must be properly cleaned and maintained to prevent odours from emanating onto abutting properties. (iv) The keeping of roosters and/or the slaughtering of animals is prohibited. (v) In the case of fractional numbers when calculating animal units, the number of animal units permitted will be rounded down to the nearest whole number. (b) Beekeeping is permitted on properties zoned Residential or Town Centre where the property is at least 465m 2 (5000ft 2 ) in lot area and the primary use of the property is a single detached or 2-unit dwelling. 1 beehive/2000ft 2 of lot area may be permitted. It shall be the responsibility of beekeepers to: (i) Obtain a valid Beekeeper & Apiary Registration from the Nova Scotia Department of Agriculture, and conform to all policies pursuant to the Nova Scotia Bee Industry Act. (ii) Adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behaviour, especially in providing adequate water to prevent bees from seeking water on abutting properties. (iii) Requeen bees when necessary to prevent undue swarming or aggressive behavior. (iv) Collect and relocate bee swarms originating from a managed hive to a parcel of land outside of the Town.

4 (v) Ensure the appropriate height of bee flight paths by situating beehives a minimum of 2.15m (7 ft) above grade; or placing a solid fence that is 2m (6ft) in height along any section of abutting property line(s), within 9m (29.5 ft) of any bee hive. (vi) Beehive entrances are situated away from neighbouring properties, and the beehives are a minimum of 3m (10ft) from any and all abutting property lines. 2. Amend Section 31 - Definitions to add a definition of Urban Agricultural Uses and also amend other existing definitions, as shown in RED to provide clarity, as follows: Urban Agricultural Use means the keeping of chickens (laying hens) and beekeeping on a residential property, subject to Section 5.44 of this by-law. Agricultural Use means the use of land, buildings or structures for raising crops, livestock or fowl for gain or reward. This definition does not apply to an urban agricultural use as defined herein. Livestock Operation, Non-intensive means an agricultural use consisting of not more than 19 animal units. Combinations of different types of livestock are allowed provided the maximum number of animal units is not exceeded. This definition does not apply to an urban agricultural use as defined herein.

5 THE TOWN OF WINDSOR DEPARTMENT OF PLANNING & DEVELOPMENT TO PLANNING ADVISORY COMMITTEE STAFF REPORT FROM DEPARTMENT OF PLANNING & DEVELOPMENT SUBJECT URBAN AGRICULTURE: LAYING HENS AND BEEKEEPING DATE JANUARY 18, 2017 ORIGIN Request from resident (copy of request included as Attachment 4). Subsequent direction was then received from PAC/Council to bring forward a report on the issue given that amendments would apply to all residential properties and the interest expressed by other residents. RECOMMENDATION It is recommended: THAT THE PLANNING ADVISORY COMMITTEE PROVIDE A POSITIVE RECOMMENDATION TO COUNCIL TO AMEND THE LAND USE BY-LAW (LUB), AS DETAILED IN ATTACHMENT 1 TO THIS REPORT, TO ALLOW CHICKENS (LAYING HENS) AND BEEKEEPING ON RESIDENTIAL PROPERTIES IN THE TOWN OF WINDSOR. BACKGROUND In June of 2016, Staff received a request from a resident to consider an amendment to the Land Use Bylaw to allow for laying hens (chickens) within the Town, on a residential property. Staff then took direction from the Planning Advisory Committee (PAC) during the summer of 2016 to explore the issue and bring a report back to the PAC and Council for consideration. Staff have sought feedback from the Public on the issue through the Town website and social media with almost 50 s or comments received. Media coverage of the issue helped to promote the feedback period (November 16-January 17) and the issue generally. The growing of food and other minor agricultural uses in built-up areas (cities, towns) has become known as Urban Agriculture. This smaller-scale form of food production is one input into the larger food system that can support household and community level food security, decrease the cost of living, and contribute to the sustainability aspirations of the Town. When urban agriculture moves beyond vegetable gardens, chickens (laying hens) and other minor forms of urban agriculture (beekeeping) are often the next step. Urban Agriculture is currently not permitted in the Town of Windsor on residential properties with the current policy and regulations set up for more traditional, larger scale operations on properties zoned 1

6 Agriculture (AG). A text amendment to the Land Use By-law is required to enable Laying Hens or other forms of Urban Agriculture. POLICY REVIEW Land use is permissive. When the existing plans for the Town of Windsor were written and adopted in 2005, the issue of keeping laying hens or beekeeping was likely not contemplated or of interest to residents. This issue is now common in municipalities across the country (and beyond). The following is a summary of the Town s current policy and proposed amendments as outlined in Attachment Municipal Planning Strategy (MPS) No changes to the MPS are proposed through this proposal however understanding the existing policies on Agricultural uses provides context. Section 6 of the MPS outlines general policies for lands designated Agriculture. The policies of this section are written for actual farms in the traditional sense where intensive operations create land use conflicts (i.e. livestock and manure). The policies support the continuation of existing farms in the Town but do not speak to household level agricultural uses such as the keeping of laying hens or bees. Most agriculturally designated/zoned land in the Town is north of highway 101 along the Avon/St. Croix River or to the south of the Town boundary along College Road or Highway 14. Policy of the MPS prohibits the keeping of horses and other livestock, except in the agricultural zone. This policy is proposed to remain in place as it pertains to large operations that are defined in the land use by-law. It is proposed that a definition be added of urban agricultural uses to differentiate from traditional, intensive agricultural uses. Section 16.3 provides guidance to Council when considering Land Use By-law Amendments. Table 1 outlines considerations from Policy and provides Staff comment to each. Table 1 Review of Policy of the MPS Policy In considering amendments to the Town of Windsor Land Use By-law, Council shall consider: Consideration Staff Comment (a) whether the proposal is considered premature or inappropriate in terms of: (i) the adequacy of sewer and water services; No issues anticipated. (ii) the adequacy of school facilities; (iii) the adequacy of fire protection; (iv) the adequacy of road networks adjacent to, or leading to the development; and (v) the financial capacity of the Town to absorb No issues anticipated. No issues anticipated. No issues anticipated. No issues anticipated. 2

7 any costs relating to the development. (b) the suitability with any aspect relative to the movement of auto, rail and pedestrian traffic; (c) the adequacy of the dimensions and shape of the lot for the intended use; (d) the pattern of development which the proposal might create; (e) the suitability of the area in terms of steepness of grade, soil and geological conditions, location of water courses, marshes or bogs and susceptibility of flooding; (f) whether the proposal meets the requirements of the appropriate provincial or federal agencies as well as whether it conforms to all other relevant municipal by-laws and regulations; and (g) any other matter required by relevant policies of this Strategy. No issues anticipated. Minimum lot sizes per animal unit included and requirements around feed storage and enclosures. No issues anticipated. No issues anticipated. Meets requirements and would be subject to a Public Hearing. See other parts of Policy Review. 2. Land Use By-law The amendments proposed are outlined as Attachment 1 but in summary, the policy/regulation around intensive, large scale agricultural uses is not proposed to be changed but instead a new classification of land use introduced - urban agricultural uses (laying hens and beekeeping) which are then defined with associated regulation. The following is a summation of the existing land use by-law regulation and proposed amendments: Section 5.0 of the Land Use By-law outlines General Provisions for All Zones. It is proposed that a subsection be added here to cover Urban Agricultural Uses as outlined in Attachment 1. It is proposed to allow property owners to keep up to four (4) laying hens and beekeeping, depending on lot size, in any residential zone or the town Centre where the primary use of the property is a single detached or two-unit dwelling, with specific regulation outlined for each (see Attachment 1 for detail). Section 26 of the Land Use By-law outlines provisions related to properties zoned Agriculture (AG) related to lot size, setbacks, and other requirements. The current land use by-law uses animal units to limit intensity of use based on the area of a property. For non-intensive livestock operations for example, the Land Use By-law states that a property with 10 acres or less can have 1 animal unit per acre. In the case of laying hens, 1 animal unit = 500 laying hens in the current by-law. Applying these types of unit numbers to urban agriculture is not practical and illustrates why there needs to be a 3

8 differentiation for low-impact urban agricultural uses like the keeping of a few laying hens or a beehive on a property. The existing definitions from the Land Use By-law that are relevant are included as Attachment 2. These definitions do not contemplate the use of a residential property for the keeping of laying hens or beekeeping. Amendments and definitions have been proposed to differentiate between urban agriculture and the traditional form of non-intensive and intensive agriculture as currently defined in the land use by-law. A definition of urban agriculture is proposed to be introduced, along with minor amendments to other definitions, for the sake of clarity (see Attachment 1). ISSUES AND DISCUSSION 1. Jurisdictional Scan Staff looked at the way a number of other municipal units have handled this issue. Many land use bylaws are silent on the issue and it is likely people in these areas already have laying hens or bees on their properties but have never become an issue this is particularly the case in the more rural municipalities where larger lots and a range of activity on properties is more common and accepted. Towns, with higher density of housing, have been the municipalities that have formally addressed the issue in Nova Scotia, to-date. This said if complaints were received where a land use by-law is silent on the issue, it would be interpreted as a non-permitted land use and enforcement action would likely be taken. Addressing the issue provides certainty to residents one way or the other so they can make an informed decision on whether they would want to explore having laying hens or bees on their property. Table 2 below outlines various jurisdictions while Attachment 3 includes the enabling provisions from the land use by-laws of Bridgewater, Wolfville, and Truro. Table 2 Jurisdictional Scan Jurisdiction Antigonish Land Use By-law (LUB) Provisions on Chickens (Laying Hens) Chickens allowed only in agricultural zone Berwick Chickens allowed only in agricultural zone Bridgewater Two laying hens per residential lot in a secured coop (see Attachment 3) Chester East Hants HRM Kentville Lunenburg Truro LUB silent on laying hens in residential zone LUB silent on laying hens in residential zone Varies depending on area some explicitly allow laying hens, other areas silent. Chicken farms and hatcheries restricted LUB silent on laying hens in residential zone Chickens allowed as part of a livestock operation - only in agricultural zone One animal unit per 1000ft 2 One Chicken/Laying Hen per animal unit (see 4

9 Attachment 3) West Hants LUB silent / takes similar approach to current Windsor LUB requirements Wolfville Four laying hens contained within the lot in residential zones (see Attachment 3) Yarmouth Chicken farms and hatcheries prohibited LUB silent on laying hens in residential zone 2. Public Feedback to-date Staff welcomed feedback on this issue from November 16 until mid-january 17. The issue was posted on the Town website and social media. Local media coverage (Hants Journal) was helpful in promoting the feedback period and the issue generally. Staff received 18 s (13 for, 5 against) from residents and approximately 31 comments were received on social media (26 for, 5 against). Primary issues of those not in favour were related to noise, smells, attraction of rodents and other nuisance animals, enforcement, solid waste impact, and property values. These issues are addressed below. 3. Noise, Smells, and Attraction of Rodents Laying hens make very little noise (essentially none) and roosters have been prohibited. The definition is also clear that chickens are permitted and not guinea hens or other birds that are known to make additional noise. Four chickens would produce very little waste and the following is included in the proposed amendments to ensure proper maintenance is carried out: areas or enclosures intended for the keeping of the laying hens must be properly cleaned and maintained to prevent odours from emanating onto abutting properties (see attachment 1). Chickens do not attract rats; however, the chicken feed can attract them. The following is included in the proposed amendments to ensure proper storage: Feed for the laying hens shall be properly stored in an enclosed vessel(s) (see attachment 1). If properly cared for and maintained, the many other uses of a residential property (compost, dog, cat food, bird feeders) are more likely to attract rodents than the chickens. A proper enclosure for the animals will protect them from larger predators and wording is included in the amendments to ensure this is done (see Attachment 1). 4. Enforcement Like most municipalities, enforcement of the land use by-law in Windsor is primarily done on a complaint or reactive basis. Many municipal units have been, and could continue to, not address this issue if a land use conflict (complaint) does not surface. However, if a complaint is received, the Development Officer will likely see the use as not being permitted. If Council wishes to not allow urban agriculture in the Town and complaints are received, it would be interpreted that these uses are not permitted on residential properties. In Wolfville, 4 laying hens are permitted on residential properties (formally since 2008) and only 2 complaints have been received to-date both related to the chickens roaming from a property. It is the opinion of Staff that the situation in Windsor would be similar. The reality is that very few 5

10 people will actually go through the effort of keeping chickens or bees in their backyards. If issues arise, the amendments proposed have provisions in place to give Staff tools to mitigate conflicts. 5. Beekeeping Urban beekeeping can help improve pollination for plants, which in turn helps to improve the overall biodiversity of the town. Urban beekeeping can also provide valuable educational and recreational opportunities for people to connect to nature and to our food system. Beekeeping is a completely safe activity in residential areas with good management practices (taken from City of Edmonton website). It has been communicated to Staff that there are at least 6 people already keeping bees in the community. The following is an excerpt from a resident on the topic: On the subject of bees, council may want to consider that bees have been, to my sure knowledge, kept by at least half a dozen residents in town for at least five years, probably longer than that. I don't know if those people didn't know of the prohibition or (frankly) just didn't care. The minor civil disobedience aside, this speaks to two things. First, you already have had, essentially, a pilot run with no adverse effects. Call it a pilot study at no cost to the town. And secondly, all governing bodies need to remember the first rule of governance: never make a rule that people won't follow. The Town of Truro allows a wide range of urban agricultural uses, including beekeeping. Truro s regulations were developed with the Agricultural College and seem to be most robust when looking at how other municipal units have been handling this issue (see Attachment 3). The Truro approach has been used by Staff in formulating regulation around beekeeping. Attachment 1 outlines the proposed beekeeping provisions in detail. 6. Attraction of young people / families Many young people are interested in living a more sustainable lifestyle and pursuing urban agriculture - keeping hens or bees. Having a tangible connection to a food source is a great educational tool for children and adults as well. 7. Property Values There is no evidence to support that the introduction of the proposed amendments will have a positive or negative impact on property values. CONCLUSIONS The proposed land use by-law amendments are consistent with the relevant policies of the MPS and land use regulation already present in other municipalities across the country. Additionally, it has been communicated to Staff that both the keeping of laying hens and bees is already happening in the Town, and no complaints have been received. Given this, it is recommended that the amendments to the Land Use By-law, as outlined in Attachment 1, be forwarded to Council with a positive recommendation. PROCESS This report will be reviewed by the Planning Advisory Committee (PAC) and a recommendation provided to Council. Council will then give first reading to the amendments and is then required by the Municipal Government Act to hold a Public Hearing prior to a final decision/2 nd reading. The Public Hearing would be scheduled subsequent to first reading, along with public notice and advertising. 6

11 Section 210 of the Municipal Government Act states that a Public Participation program for such an amendment is at the discretion of Council and could be organized by Staff. Given the feedback already sought, the Public Hearing process should suffice in this case. ALTERNATIVES 1. That the Planning Advisory Committee provide a negative recommendation to Council to amend the land use by-law to allow urban agricultural uses, as detailed in Attachment 1 to this report. 2. That the Planning Advisory Committee amend (add other uses or additional regulation), and send the issue back to Staff for additional consideration. Report Prepared by Devin Lake, Town Planner 7

12 ATTACHMENT 1 PROPOSED AMENDMENTS TO LAND USE BY-LAW The following amendments are proposed to enable Urban Agricultural Uses in the Town of Windsor: 1. Amend Section 2.5 of the Land Use By-law by adding clause (e), as shown in RED below: (e) Urban Agricultural uses as specified in Section Amend Section 5.0 General Provisions for All Zones by adding subsection 5.44, as included here: Urban Agricultural Uses 5.44 (a) In all Residential zones and the Town Centre zone, up to four (4) chicken laying hens shall be permitted on a property where the primary use is a single detached or 2-unit dwelling. For lots smaller than 465m 2 (5000ft 2 ), 1 chicken laying hen shall be permitted per 92 m 2 (1000ft 2 ) of lot area. The following regulations are application to the keeping of chickens: (i) Chicken laying hens must be contained on the property and kept in a secure coop, constructed to ensure adequate shelter is provided for the animals. (ii) Setbacks for any structure (laying hen coop or run) shall be pursuant to the accessory building requirements outlined in Section 5.1. (iii) Feed for the laying hens shall be properly stored in an enclosed vessel(s), and areas or enclosures intended for the keeping of the laying hens must be properly cleaned and maintained to prevent odours from emanating onto abutting properties. (iv) The keeping of roosters and/or the slaughtering of animals is prohibited. 8

13 (v) In the case of fractional numbers when calculating animal units, the number of animal units permitted will be rounded down to the nearest whole number. (b) Beekeeping is permitted on properties zoned Residential or Town Centre where the property is at least 465m 2 (5000ft 2 ) in lot area and the primary use of the property is a single detached or 2-unit dwelling. 1 beehive/2000ft 2 of lot area may be permitted. It shall be the responsibility of beekeepers to: (i) Obtain a valid Beekeeper & Apiary Registration from the Nova Scotia Department of Agriculture, and conform to all policies pursuant to the Nova Scotia Bee Industry Act. (ii) Adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behaviour, especially in providing adequate water to prevent bees from seeking water on abutting properties. (iii) Requeen bees when necessary to prevent undue swarming or aggressive behavior. (iv) Collect and relocate bee swarms originating from a managed hive to a parcel of land outside of the Town. (v) Ensure the appropriate height of bee flight paths by situating beehives a minimum of 2.15m (7 ft) above grade; or placing a solid fence that is 2m (6ft) in height along any section of abutting property line(s), within 9m (29.5 ft) of any bee hive. (vi) Beehive entrances are situated away from neighbouring properties, and the beehives are a minimum of 3m (10ft) from any and all abutting property lines. 3. Amend Section 31 - Definitions to add a definition of Urban Agricultural Uses and also amend other existing definitions, as shown in RED to provide clarity, as follows: Urban Agricultural Use means the keeping of chickens (laying hens) and beekeeping on a residential property, subject to Section 5.44 of this by-law. Agricultural Use means the use of land, buildings or structures for raising crops, livestock or fowl for gain or reward. This definition does not apply to an urban agricultural use as defined herein. Livestock Operation, Non-intensive means an agricultural use consisting of not more than 19 animal units. Combinations of different types of livestock are allowed provided the maximum number of animal units is not exceeded. This definition does not apply to an urban agricultural use as defined herein. 9

14 ATTACHMENT 2 Existing LUB Definitions Existing Definitions: 10

15 ATTACHMENT 3 Bridgewater, Truro, Wolfville examples Town of Bridgewater Town of Truro 11

16 12

17 Town of Wolfville 13

18 ATTACHMENT 4 Initial Request (copy of text) Good afternoon, I have a request for a potential change in the land and uses bylaw, I would appreciate if it could be brought up during the next meeting, and discussed. There is a wide spread trend/movement for self sufficiency, and choosing local. As more and more people are opting to live self sustainable lifestyles, the bylaws in Windsor are not necessarily in conjunction with this old to new again form of living. My partner and I own a home on Albert street and would like to own 2-4 Egg laying hens, ultimately we want to try and live as simple and self sufficiently as we can without having to move outside of town and further away from amenities. We do not want roosters as they are far to disruptive and noisy, nor do we want any other forms of live stock. - Self sustainability is much more economically efficient due to the rise in grocery store prices. - Factory farmed laying hens are the most poorly treated and disrespected animals, 2 to 3 Layers are put in a battery cage smaller then the average piece of loose leaf paper, and diseases are widespread in these environments. - With the rising threat of ticks, and their associated diseases; owning hens will help control the bug population. Finally, other towns within surrounding districts have lifted said bylaw to allow the ownership of laying hens; Wolfville in particular. I hope you will take my small request in to consideration, Thank you for your time, if you have any questions please feel free to or call Winnifred Van Wilgenburg 14

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