Corporation of Delta Zoning Bylaw No. 2750

Topic(s): Development and Productive use of Agricultural Land, Food Production, Food Sales, Access & Procurement, Urban Agriculture, Waste Management

Sub-topic(s): zoning, farm retail/farm gate sales, composting, farm home plate, pollinators, beekeeping/apiculture, livestock, siting and coverage, ALR, farm worker accommodation, residential development

Region: Metro Vancouver | Document Type: Zoning Bylaw | Year: consolidated 2015

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Topic Sub-topic Policy or Policy Excerpt Document Location

food production;

urban agriculture;

beekeeping/apiculture;

pollinators;

livestock;

Beekeeping:

Notwithstanding Section 304, the keeping of ‘bees’ are permitted as an accessory use to a ‘dwelling, single family’, ‘dwelling duplex’ or in any Public (P) zone provided that:

a) Not more than two ‘beehives’ and two ‘nucleus colonies’ are permitted on ‘lots’ equal to or less than 1,000 m2 in area.

b) Not more than four ‘beehives’ and four ‘nucleus colonies’ are permitted on ‘lots’ larger than 1,000 m2 in area.

c) Each ‘beehive’ and ‘nucleus colony’ shall be located to the rear of the principal building on a ‘lot.

d) Each ‘beehive’ and ‘nucleus colony’ shall comply with one of the following siting requirements: i. be raised a minimum of 2.5 m above grade; ii. be located a minimum of 7.5 m from all ‘lot’ lines; or iii. be behind a continuous ‘fence’ or hedge a minimum of 1.8 m in height located parallel to an adjacent property line and extending a minimum of 6.0 m horizontally beyond the ‘beehive’ or ‘nucleus colony’ in either direction.

e) In the P zones: i. written permission is obtained from the property owner; and ii. the keeping of ‘bees’ is for educational purposes.

 428
development and productive use of agricultural land;

siting and coverage;

ALR;

See document for siting and coverage regulations for buildings and structures in Agricultural Zone A1.

 502 ; 503 ; 510-512
development and productive use of agricultural land;

farm home plate;

ALR;

‘Farm Home Plate’ and ‘Farm Home Plate’ – ‘Migrant Farm Worker Housing’:

See document for regulations and related to farm home plate in Agricultural Zone A

 506
development and productive use of agricultural land;

residential development;

farm worker accommodation:

ALR;

Area of a ‘Farm House’, ‘Additional Farm House’ or ‘Migrant Farm Worker Housing’:

See document for regulations and related to area of a farm house,  additional farm house or migrant farm worker housing in Agricultural Zone A.

 507
development and productive use of agricultural land;

residential development;

ALR;

Additional Farm House:

See document for regulations and related to additional farm house in Agricultural Zone A1.

  
development and productive use of agricultural land;

farm worker accommodation;

ALR;

‘Migrant Farm Worker Housing‘:

See document for regulations related to migrant farm worker housing in Agricultural Zone A1.

 508 B

food processing, storage and distribution;

 

 ALR;

‘Agricultural Product’ and ‘Mushroom Growing Medium’ Storage, Processing and Preparation:

A minimum of 50% of the total volume of the ‘Agricultural Products’ or ‘Mushroom Growing Medium’ stored on a ‘Lot’ or processed or prepared by ‘On-farm Processing’ or ‘On-Farm Product Preparation’ on a ‘Lot’:

a) must be consumed as animal feed or used in the production of mushrooms, on a farm owned or operated by the owner or lessee of the ‘Lot’: or

b) must have been harvested, grown, raised, or produced on a farm owned or operated by the owner or lessee of the ‘Lot’.

 513
waste management;

composting;

ALR;

Agricultural Waste Management and ‘On-Farm Composting’

See document for regulations related to agricultural waste management and 'on- farm' composting in Agricultural Zone A1.

 514
food sales, access and procurement;

farm retail/gate sales

ALR;

Farm Retail Sales

See document for regulations related to farm retail sales in Agricultural Zone A1.

 515

 

District of Kent Zoning Bylaw No. 1219, 2001

Topic(s): Development and Productive use of Agricultural Land, Economic Development, Food Sales, Access & Procurement, Urban - Agriculture Conflict & Edge Planning

Sub-topic(s): agri-tourism, ALR, farm home plate, farm retail/farm gate sales, greenhouses, siting and coverage, zoning

Region: Fraser Valley | Document Type: Zoning Bylaw | Year: consolidated 2016

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Topic Sub-topic Policy or Policy Excerpt Document Location
development and productive use of agricultural land;

farm home plate;

ALR;

Farm Home Plate and Farm Employee Residence

The following farm home plate and farm employee residence requirements shall apply to all lots within the Agricultural Land Reserve and are subject to the provisions of the Agricultural Land Commission Act.

.1 General Requirements

(a) With the exception of Part 7.14.1 (b), all lots within the Agricultural Land Reserve, the farm residence, farm employee residence, home occupation, and all accessory residential facilities must be located within the farm home plate area;

(b) Farm home plate requirements do not apply to lots that are exempt from the Agricultural Land Commission Act restrictions on the use of agricultural land.

.2 Siting Requirements

(a) Maximum area of a farm home plate containing one farm residence is 2,023 m2 (21,780 ft2 ) (0.5 acres).

(b) A farm home plate containing a farm employee residence and or home occupation located within an accessory building may be increased by a maximum of 506 m2 (5,445 ft2 ) (0.125 acres).

(c) Maximum depth for a farm home plate is 60 m (196.85 ft) measured from a dedicated road. If the road is not dedicated then the depth shall be measured from the constructed road.

(d) One boundary of a farm home plate must be located at a property line fronting on a road from which vehicular access is obtained.

(e) The rear face of a farm residence or farm employee residence must not be less than 10 m (32.81 ft) from the rear of the farm home plate.

(f) A Development Variance Permit may be considered in order to vary Part 7.14.2(a) to (e) where it can be demonstrated that the variance improves the agricultural suitability of the lot.

.3 Floor Area Requirements

(a) The maximum floor area for a farm residence on a lot less than 8 Ha (19.77 acres) shall be 372 m2 (4,000 ft2 ).

(b) The maximum floor area for a farm residence on a lot 8 Ha (19.77 acres) and greater shall be 465 m2 (5,000 ft2 ).

(c) The maximum floor area for a farm employee residence shall be 279 m2 (3,000 ft2 ).

.4 Farm Employee Residence

(a) A person may apply for a farm employee residence by completing an application on the prescribed form and shall include a detailed site plan.

(b) The owner will be required to register a Section 219 covenant against the property title at the Land Title Office which will specify the farm employee residence details submitted in the application form and accompanying site plan.

(c) A farm employee residence is not permitted on any lot less than 4.0 ha (9.88 acres).

(d) A maximum of one (1) farm employee residence is permitted on any lot subject to Part 7.14.4 (c).

 7.14
economic development;

agri-tourism;

ALR;

Buildings and structures for agri-tourism use:

i. shall be limited to 300m2 in area, excluding exterior activity areas;

ii. shall be limited to a catered food and beverage service where farm products from the farm operation are highlighted; maximum seating capacity for 40 patrons;

iii. shall be seasonal, meaning they will be closed for 30 days a year including one closure of a minimum of 2 weeks; iv. where utilized for biodiversity conservation, passive recreation, heritage, wildlife and scenery view purposes, shall not exceed 100m2 , when the principal agri-tourism buildings or structures are 100m2 or less.

 9.1.2.4
food sales, access and procurement

farm retail/gate sales;

ALR;

Buildings and structures for farm retail sales use shall:

i. be limited to one building or structure per Farm Retail Sales use; and ii. have a maximum floor are of 300m2 , including both indoor and outdoor sales and display areas

 9.1.2.5
urban-agriculture conflict and edge planning; greenhouses;

Illuminated Greenhouses

(a) shall have sidewall abatement measures, such as curtains, screens, berms or plantings, for all side walls that expose neighbouring properties and roads to light emissions and; (b) must operate their lighting systems so that the calculated light emissions from the greenhouse do not exceed 5,000 lux.

 9.1.2.6
development and productive use of agricultural land;

siting and coverage;

ALR;

See document for siting and coverage regulations for buildings and structures in Agriculture Zone (A).

 9.1.3

 

 

Supplementary Information

 

Municipal Planner Interview with the District of Kent Re: Farm Residence Home Plate Restriction

Adopted in 2012, The District of Kent’s home plate bylaw regulates the footprint of employee residences, farm worker residences as well as home occupations within accessory buildings.

Policy Development and Community Consultation

The home plate bylaw, initially recommended within the District’s Agricultural Area Plan, was created as a precautionary measure to prevent the loss of agricultural land to large residential estates – a prevalent trend in neighbouring municipalities in the Lower Mainland.  It was noted that the fragmented agricultural land base increased the vulnerability of Kent to such a trend.

The home plate bylaw was developed by the Department of Planning in partnership with the District’s Agricultural Advisory Committee (AAC), who contributed to developing the bylaw language. A public meeting was held to review potential bylaw changes and seek additional community feedback. Additionally, members of the public had the opportunity to attend AAC meetings at which the bylaw was discussed, as District of Kent AAC meetings are open to the public.

It was reported that the agricultural community was supportive of the bylaw, provided that flexibility was afforded for variances that would improve the agricultural suitability of the site. (E.g.: variance of the location of the home plate would be afforded based on site-specific characteristics including drainage, existing paved surfaces etc.). Language to this affect has been included in the bylaw and appropriate variances have been granted since its adoption.

Policy Adoption

The building size and floor area requirements were the most challenging aspects of the bylaw to draft, particularly those related to farm employee residences. Committee members and Council reviewed numerous building size options for the farm residence and farm employee residence prior to obtaining consensus. There was also discussion as to whether or not the farm employee residence should be limited to a mobile home. Ultimately, the mobile home restriction was not supported but a minimum lot size for a farm employee residence was. It was noted that the absence of a real estate lobby in the District helped facilitate the ease at which the bylaw was adopted.

Policy Implementation

Guiding documents are available to assist applicants through the building permit process. As part of this process, applicants are required to submit a home plate boundary site plan. A home plate plan prepared by a legal land surveyor is usually only required on more complex applications, however professional quality plans are generally expected. Generally, when an applicant chooses to prepare his own plan without the assistance of a qualified professional, staff has to spend a considerable amount of time with the applicant to ensure the plan is acceptable.

Policy Outcomes and Recommended Improvements

The home plate bylaw was identified by the District of Kent as an effective preventative measure to discourage large rural estate developments on agricultural land.

Suggested improvements could include more comprehensive guiding documents, particularly documents to direct the creation of site plans in order to facilitate the application process. It was noted that the increased person-to-person involvement of the Planning and Building Department during the initial applications afforded City staff the opportunity to better understand the agriculture sector in the District and keep a pulse on development within the community. 

 

District of Kent, Planning and Development Services, personal communication, October 2016

 

 

Village of Cumberland Zoning Bylaw No. 1027, 2016

Topic(s): Food Production, Food Sales, Access & Procurement, Urban - Agriculture Conflict & Edge Planning, Urban Agriculture, Waste Management

Sub-topic(s): zoning, composting, urban chickens, beekeeping/apiculture, signage in agricultural areas, urban farm, pollinators, farm retail/farm gate sales, livestock, nuisance complaints

Region: Comox Valley | Document Type: Zoning Bylaw | Year: consolidated 2016

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Topic Sub-Topic Policy or Policy excerpt Document Location

urban agriculture;

urban-agriculture conflict and edge planning;

urban farm;

nuisance complaints;

Urban Agriculture

a) Urban agriculture shall not generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the Zone in which it is.

b) Urban agriculture activity shall not generate odour, waste, noise, smoke, glare, fire hazard, visual impact, or any other hazard or nuisance, in excess of that which is characteristic of the Zone in which it is located under normal circumstances wherein no urban agriculture exists.

 4.13 (a) (b)
       

waste management;

urban agriculture;

 composting; c) Compost bins and composting shall: i) be located at least 3.0metres (9.8feet) from any lot line; however, this setback may be reduced to 0.0metres (0.0feet) when opaque screening is in place or a solid bin is in use; and ii) only consist of plant, plant based material, or animal manure and shall not utilize any mechanized processes. 4.13 (c)

urban agriculture;

food sales, access and procurement;

farm retail/gate sales;

urban farm;

 d) A roadside stand shall: i) be the only form of commercial sales for an urban agriculture use; ii) have a GFA of not more than 5.0square metres (53.8square feet); iii) only allow sales between 7am and 9pm; iv) be entirely located on the lot on which the produce is grown; and v) be located on the property and must not impede sightlines to and from a public road, driveway or laneway. 4.13 (d)

urban agriculture;

food production;

beekeeping/apiculture;

polinators;

livestock;

e) Beekeeping (beekeeping for domestic purposes) is permitted on all lots allowing urban agriculture provided that:

i) lots have a minimum lot width of 15.0metres (49.2feet);

ii) lots have a minimum lot area is 550.0square metres (1,804.4sqaure feet); Zoning Bylaw No. 1027, 2016 Page 43 As Adopted September 6, 2016 Part 4 – Additional Zoning Regulations for Certain Uses or Circumstances

iii) a solid fence or dense hedge, known as a “flyway barrier,” at least 1.8metres (6.0feet) in height, shall be placed along the side of the hive that contains the entrance to the hive, and shall be located within 1.5metres (5.0feet) of the hive and shall extend at least 0.6metres (2.0feet) on either side of the hive. No such flyway barrier shall be required if all beehives are located at least 7.6metres (25.0feet) from all property lines and for hives that are located on porches or balconies at least 3.0metres (10.0feet) abovegrade, except if such porch or balcony is located less than 1.5metres (5.0feet) from a property line;

iv) hives shall be at least 6.0metres (19.6feet) from any neighbouring house, sidewalks, streets and public areas (e.g., parks);

v) honey bees shall be housed in hives;

vi) hives shall be registered with the Provincial authority, BC Ministry of Agriculture and Lands (BCMAL) [for additional information contact the Provincial Apiculturist Apiary Inspector];

vii) only two hives with colonies shall be permitted on each lot;

viii) hives shall be securely located to prevent accidental disturbance or trespass by people and pets, and to prevent damage from wildlife;

ix) hives shall be equipped with adequate ventilation and near a water source; x) honey production is for personal consumption only; and

xi) beekeeping is not permitted in multi-family residential areas, including strata developments, or commercial and industrial areas.

 4.13 (e)

urban agriculture;

food production;

urban chickens;

livestock;

f) The keeping of hens is permitted on all lots allowing urban agriculture use, provided that:

i) a coop and run shall be located at least 1.5metres (4.9feet) from all property lines unless there is a solid barrier such as a wall or fence;

ii) coops and runs shall not be located within a 4.5metre (14.8feet) buffer of habitable structures on adjacent property(ies);

iii) runs shall not exceed 4.5metres (14.8feet) in height;

iv) hens shall only be located in the rear yard;

v) the maximum number of hens shall be six (6) per lot;

vi) roosters are not permitted;

vii) sales of eggs, manure and other products associated with the keeping of hens are prohibited;

viii) coops and runs shall be maintained in a clean condition and the coop shall be kept free of obnoxious odours, substances and vermin;

ix) stored manure shall be kept in an enclosed structure such as a compost bin and no more than 3.0cubic metres (105.9cubic feet) shall be stored at any one time;

x) manure shall be disposed of in accordance with municipal bylaws; hen waste must be solid and bagged; and

xi) home slaughter of hens is prohibited and any deceased hens shall be disposed of at a livestock disposal facility or through the services of a veterinarian.

   4.13 (f)

food production;

urban agriculture;

 livestock; g) The keeping and raising of livestock shall only be permitted on lots greater than 0.4hectares (1.0acre). 4.13 (g)

urban agriculture;

food sales, access and procurement;

urban farm;

farm retail/gate sales;

Market Gardens

a) In zones permitting market gardens, the following is permitted:

i) only food and value-added products made from produce grown on site may be sold;

ii) selling requires a Business License from the Village;

iii) sales are only allowed between 7am and 9pm; iv) sales are allowed up to six months between April 1 and September 30 in each calendar year; and v) only one sign is permitted per lot (see Part 5.0 Signage).

 4.14 (a)

urban agriculture;

urban- agriculture conflict and edge planning;

nuisance complaints;

urban farm;

b) Market gardens must not:

i) generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the Zone in which it is located;

ii) generate odour, waste, noise, smoke, glare, and fire hazard, visual impact, or any other hazard or nuisance, in excess of that which is characteristic of the Zone in which it is located under normal circumstances wherein no urban agriculture exists;

iii) Include the growing and sale of mushrooms;

iv) include composting for producing mushroom growing media; and v) include medical marihuana facilities, marihuana dispensary, or any portion thereof, or be used for the growing of marihuana or other controlled substances.

 4.14 (b)

urban agriculture;

food sales, access and procurement;

farm retail/gate sales

 c) On-site sales of fruits, vegetables and edible plants shall be permitted within roadside stands for products grown on site provided that the size of the roadside stand does not exceed a GFA of 5.0square metres (53.8square feet). 4.14 (c)
urban agriulture;

urban farm;

signs in agricultural areas;

...b) Signs pertaining to the commercial components on a lot where a mixed use, residential multifamily, commercial, public assembly, industrial, agricultural, or retail development is permitted, provided that the signs permitted by this Part shall only be located on those portions of the lot and building that contain the commercial component. ....

 5.4 (b)

 

Supplementary Information

 

Municipal Planner Interview with the Village of Cumberland Re: Urban Agriculture and Market Garden Uses

The Village of Cumberland’s zoning bylaw, adopted in September 2016, includes provisions for urban agriculture and market garden land uses including the production and sale of select agricultural and horticultural products.

Permitted activities are described in the Urban Agriculture and Market Garden Toolkit as well as the Zoning Bylaw.

Policy Development and Community Consultation

Cumberland’s zoning bylaw was amended to include urban agriculture and market garden provisions after community members voiced interest in keeping backyard chickens as well as growing and selling agricultural products on properties in the Village.

A number of communities with existing urban agriculture and backyard chicken bylaws were consulted during the development of the bylaw amendments, including the City of Vancouver, the City of Victoria and the City of Campbell River.  Given capacity and resource constraints of the Village, the provisions of practical information and educational resources regarding agricultural practices was prioritized over regulatory enforcement, such as coop registration and inspection.

Community members were consulted regarding bylaw amendments, including this one, in public meetings held during the zoning bylaw revision process. Urban agriculture and market garden provisions were strongly supported by the community. Provisions to include beekeeping among the permitted urban agriculture activities were added as a result of community input. 

Policy Adoption

Urban agriculture and market garden provisions were strongly supported by Council and the community during the adoption of Cumberland’s new zoning bylaw.

Policy Implementation and Outcomes

The new urban agriculture provisions will be communicated to the public in the form of informational brochures/handouts and potential public workshops.  Having adopted the new zoning bylaw in September 2016, the Village of Cumberland is looking forward to new food production enterprises and local food access opportunities.

 

References

Village of Cumberland, Planning and Development, personal communication, October 2016

Village of Cumberland, Urban Agriculture and Market Garden Toolkit, 2016 Retrieved from https://cumberland.ca/wp-content/uploads/2016/09/tool_kit_urban_ag_market_grdn_20160817.pdf, December 2016.

 

 

City of Surrey Zoning Bylaw 12000

Topic(s): Development and Productive use of Agricultural Land, Food Processing, Storage & Distribution, Food Production, Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): ALR, farm home plate, farm residence maximum setback, farm retail/farm gate sales, food distribution, food processing, food storage, livestock, mobile/street food vending, siting and coverage, urban chickens, zoning

Region: Metro Vancouver | Document Type: Zoning Bylaw | Year: consolidated 2016

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Topic Sub-topic Policy or Policy Excerpt Document Location

food production;

urban agriculture;

livestock;

urban chickens;

Keeping of Animals

(a) The keeping of livestock, poultry, rabbits and chinchillas in the RA, RH, RF and RF-SS Zones is subject to the following maximum permitted numbers:

i. Two (2) livestock for every 0.4 hectare [1 acre], with the minimum lot size of 0.4 hectare [1 acre]; ii. Six (6) sheep or goats, for every 0.4 hectare [1 acre], with the minimum lot size of 0.4 hectare [1 acre]; iii. Twelve (12) head of poultry, excluding roosters, for every 0.4 hectare [1 acre], with the minimum lot size of 0.4 hectare [1 acre]; iv. Rabbits and chinchillas where the lot is 0.4 hectare [1 acre] or greater, or 2 rabbits or chinchillas where the lot is less than 0.4 hectare [1 acre]...See document for additional regulations for the keeping of animals including regulations for the keeping of urban chickens.

 part 4 B.7
food sales, access and procurement; mobile/street food vending;

Portable Food Services

Portable food services providing temporary food services from a vending cart may be permitted in all commercial and industrial Zones provided that the vending cart: (a) does not exceed 4.0 sq. metres [43.0 sq. ft.] in area; (b) is capable of being moved on its own wheels without alteration or preparation; and (c) is fully self-contained with no service connection, excluding electrical connections, provided the portable vending cart is located no more than 2.0 metres [6 ft.] from the point of electrical connection.

 part 4 B .9
food sales, access and procurement;

farm retail/gate sales;

Accessory uses limited to the following:

(a) Display and retail sale of products provided all of the following are satisfied:

i. all of the products offered for sale shall be produced by the farm operation or at least 50% of the floor area for product sales and display shall be limited to product produced by the farm operation;

ii. products offered for sale shall be limited to agricultural and/or horticultural products and shall exclude dressed fowl or poultry, butchered meat and/or preserved food unless dressed, butchered or preserved off-site;

iii. the cumulative maximum floor area for the display and sale of products shall not exceed 93 square metres [1,000 sq. ft.];

iv. all products offered for sale and related displays shall be located entirely within a building; and v. products offered for sale and related displays shall be an accessory use to a single family dwelling and the agricultural and/or horticultural use of the lot;

(b) i. Food and beverage service lounge associated with a farm-based winery in accordance with the Agricultural Land Commission Act/Regs/Orders;

ii. Retail sales associated with a farm-based winery in accordance with the Agricultural Land Commission Act/Regs/Orders; provided the maximum floor area for retail sales and wine tasting does not exceed 93 sq.m. [1,000 sq.ft.].

 part 10 B. 9 (a) (b)
food processing, storage and distribution;

food processing;

ALR:

 Primary processing of products provided at least 50% of the product being processed shall be produced by the same farm operation or is feed required for the farm operation; part 10 B. 9 (c)
development and productive use of agricultural land;

siting and coverage;

ALR:

See document for siting regulations for buildings and structures in General Agriculture Zone (A-1) and Intensive Agriculture Zone (A-2)

part 10 F. 1 (a);

part 11 E;

part 11. F.1;
development and productive use of agricultural land;

farm residence maximum setback;

ALR:

Maximum setbacks:

No portion of a single family dwelling and an additional single family dwelling or a duplex shall be located farther than 50.0 metres [164 ft] from the front lot line provided that, on a corner lot, no portion of a single family dwelling and an additional single family dwelling or a duplex shall be located farther than 50.0 metres [164 ft] from either the front lot line or the side lot line on a flanking street..

part 10 F. 1(b);

part 11 F.1(b)
development and productive use of agricultural land;

residential development;

ALR:

A secondary suite shall:

(a) Not exceed 90 square metres [968 sq.ft.] in floor area; and

(b) Occupy less than 40% of the habitable floor area of the building.

part 10 J. 1;

part 11. J.1;
development and productive use of agricultural land;

farm home plate;

ALR:

The following provisions shall apply to a farm residential footprint:

(a) The maximum size of the farm residential footprint shall be 2,000 square metres [0.5 acres];

(b) Despite Sub-section J.2.(a), the maximum size of the farm residential footprint may be increased by 1000 square metres [0.25 acres] for an additional single family dwelling or duplex where the lot is 4 hectares [10 acres] or more and is a farm operation;

and The maximum depth of the farm residential footprint from the front lot line, or the side lot line on a flanking street if it is a corner lot, shall be 60 metres [197 ft.].

part 10 J. 2;

part 11. J..2
food processing, storage and distribution;

food processing;

food storage;

food distribution;

 This Zone is intended to accommodate and regulate industries which process agricultural products or provide services to agriculture. See document for regulations for Agro-Industrial Zone (IA). part 51

 

Supplementary Information

 

Municipal Planner Interview with the City of Surrey Re: Farm Homeplate Restriction

The City of Surrey’s farm home plate restriction requires the clustering of non-agricultural buildings and structures in Agricultural Zones close to the front property line. By clustering non-agricultural uses and regulating the size and siting of the associated footprint, known as the farm residential footprint, the City of Surrey aims to curtail the impact of estate development on agricultural land and the installation of long residential driveways over prime agriculture soils.

Policy Development

Given the urban areas within Surrey, the use of ALR land for residential development is an ongoing challenge within the municipality.  Approximately 7 years ago, the municipality began developing regulations for the size and siting of the farm home plate on ALR lands. It was a contentious process which resulted in the adoption of the farm residential footprint provisions into the zoning bylaw in 2012.  While the final home plate provisions cluster and limit the total footprint of residential uses (eg lawns, pools, residences, accessory buildings), they do not restrict the footprints of houses themselves. 

Public Consultation and Policy Adoption

The agricultural industry, Surrey’s Agricultural Advisory Committee and the general public were engaged during the farm home plate development and review process. Strong opposition toward limiting house size was expressed at open houses. As a result, house size restrictions were not included in the home plate provisions.

Policy Implementation

While non-compliant, pre-existing and pre-loaded sites were granted development variances and building permits, variances for future farm home plate adjustments are only to be supported where the proposal will benefit agriculture. Communicating this priority to the public and the need to implement it, takes time which was evident in the large number of variance applications submitted after the new regulations were adopted.

Policy Outcomes and Recommended Improvements

It was reported that the policy has generally helped reduce the loss of productive ALR land to residential development, but it has been less effective than initially intended. It was expressed that, to have the desired influence on restricting the use of ALR land for estate homes, a policy should ideally limit the footprint of farm residences in addition to restricting the footprint of the home plate.

References

City of Surrey, Planning and Development Division, Department of Community Planning, personal communication, October 2016

 

 

City of Richmond Zoning Bylaw 8500

Topic(s): Development and Productive use of Agricultural Land, Economic Development, Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): zoning, farm residence maximum setback, farm retail/farm gate sales, agri-tourism, home occupation/home based businesses, siting and coverage, farm worker accommodation, urban gardens/orchard

Region: Metro Vancouver | Document Type: Zoning Bylaw | Year: 2009

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Topic Sub-topic Policy or Policy Excerpt Document Location
development and productive use of agricultural land; siting and coverage;

See document for siting and coverage regulations for buildings and structures in Agriculture and Golf Zones. 

 14.1.5 - 14.1.6
development and productuve use of agricultural land; farm residence maximum setback; No portion of a single detached housing building, including any additional dwelling units, shall be located further than 50.0 m from a constructed public road abutting the property. On a corner lot or double fronting lot, the 50.0 m from a constructed public road abutting the property shall be determined based on the location of the permitted access to the single detached housing building or additional dwelling unit(s). 14.1.6.1
development and productuve use of agricultural land; home occupation/home based business; A home business shall be limited to a maximum floor area of 100.0 m2 and must be located and carried out wholly within the dwelling unit and not an accessory building. 14.1.11.3
economic development; agri-tourism; A bed and breakfast use may have up to four guest accommodation rooms and two facia signs with maximum dimensions of 0.6 m by 1.2 m.  14.1.11.4
development and productive use of agricultural land; farm worker accommodation;

6. Seasonal farm labour accommodation shall only be permitted on:

a) a site zoned AG3;

b) a lot located in the Agricultural Land Reserve;

c) a lot designated for ‘agriculture’ in the General Land Use Map contained in the Official Community Plan; and

d) a lot classified as ‘farm’ under the BC Assessment Act. 7.

The following provisions must be met to permit seasonal farm labour accommodation:

a) minimum farm operation size of 8.09 ha;

b) the seasonal farm labour accommodation must be located on the same lot as an existing single detached housing;

c) only one seasonal farm labour accommodation is permitted per farm operation;

d) a building used for seasonal farm labour accommodation shall not exceed 400.0 m2;

e) a maximum of 40 seasonal farm labour occupants per seasonal farm labour accommodation is permitted; Section 14: Agriculture and Golf Zones 14.1-5 2706166

f) minimum floor area per occupant is to be 10.0 m2 ; and

g) a building used for seasonal farm labour accommodation shall be considered a dwelling with all regulations relating to density, minimum and maximum yards and height to apply.

8. The following limitations apply to seasonal farm labour accommodation:

a) a building used for seasonal farm labour accommodation must adhere to all relevant components of the Building Code and the City’s Building Regulation;

b) a lot that contains a building used for seasonal farm labour accommodation is subject to inspections by the City during any 12 month period to ensure that occupation is in compliance with the regulations contained in this zone;

c) a building used for seasonal farm labour accommodation does not need to be removed when not occupied by seasonal farm labour if the use is required on an ongoing, annual basis for the agricultural purpose of the farm operation;

d) if seasonal farm labour accommodation is no longer required for the farm operation, all buildings used for seasonal farm labour accommodation must be removed and the land restored to its original state; and

e) costs of removal of the seasonal farm labour accommodation building and restoration of land to its original state are to be the responsibility of the property owner.

 14.1.11.6-14.1.11.8
food sales, access and procurement;

farm retails/gates sales;

Roadside Stands and Farm-Based Wineries 

.1. A roadside stand that is used for farm retail sales shall: a) have an interior floor area of not more than 93.0 m², except for sites zoned Roadside Stand (CR) which shall have an interior floor area of not more than 190.0 m²; and b) have a use which is accessory to the use of the farm operation upon which the roadside stand is situated.

.2. Farm retail sales at a roadside stand are permitted if: a) all the farm product offered for sale is produced on the farm on which the retail sales are taking place; or b) at least 50% of the retail sales is limited to the sale of farm products produced on the farm on which the retail sales are taking place.

.3. The total area, both indoors and outdoors, used for the retail sales of all products shall not exceed 300.0 m².

.4. The floor area of all farm-based winery buildings and structures shall not exceed the lesser of: a) 1,000.0 m²; or b) a maximum floor area ratio of 0.05”. 

 5.10.1-5.10.4

urban agriculture;

 urban gardens/orchard;

Uses Permitted in All Zones

...Agriculture is permitted as a secondary use in all zones (i.e., it occurs in conjunction with a principal use, for example single detached housing) in order to encourage and accommodate community gardens, green roofs, vertical farming and other forms of urban agriculture. The following conditions apply in certain instances with respect to agriculture being permitted as a secondary use in all zones:

a) There may be covenants or caveats registered on the title of the land which could restrict the type of agriculture permitted (e.g., prohibition on the raising of chickens, rabbits or other domesticated animals). Property owners and tenants are advised to check their current certificate of title for any covenants or caveats which may be registered and affect the use of the site.

b) Only properties which are assessed as a “farm” under the Assessment Act are permitted to raise livestock. c) A medical marihuana production facility and medical marihuana research and development facility is not permitted.

 5.13.4

 

Note: uploaded document includes agricultural zones only, see link to City of Richmond complete zoning bylaw for details of regulations outside of agricultural zones.

Village of Cumberland Official Community Plan Bylaw No. 990

Topic(s): First Nations and Indigenous Food Systems, Food Production, Food Sales, Access & Procurement, Policy Partnerships, Advocacy & Development, Urban - Agriculture Conflict & Edge Planning, Urban Agriculture

Sub-topic(s): zoning, edible landscaping, urban chickens, protection of farming development permit area, pilot project, ALR, climate change and greenhouse gases, partnerships/advocacy/liaising, farmers' markets

Region: Comox Valley | Document Type: Official Community Plan | Year: 2014

View policy:  HTML PDF

Topic Sub-topic Policy or Policy Excerpt Document Location Language Rating

policy partnerships, advocacy and development;

 partnerships/advocacy/liaising;

Participate in regional initiatives such as the IH Food Security HUB endorsed by Let Us Share the Harvest (LUSH) organization, to develop a more sustainable food system, including food production, processing, transportation, and waste diversion.

 6.3.3 (1) *
first nations and indigenous food systems; hunting, fishing and gathering Support opportunities for First Nation partnerships in local food production and ecotourism through wildcrafting and traditional gathering knowledge. 6.3.3 (3) *
food sales, access and procurement; farmers' markets; Support the use of public spaces for farmers markets and community food events. 6.3.3 (4) *
wildlife/environmental/pest managmeent; climate change and greenhouse gases Explore opportunities in the agricultural sector to reduce greenhouse gas emissions and conserve energy by using targets, policies, and actions. 6.3.3 (6)  

food production;

urban agriculture;

edible landscaping;

pilot project;

 Seek opportunities to pilot urban food production and edible landscapes in greenways.

6.3.3 (7)

 

  

food production;

urban agriculture;

pilot project;

partnerships/advocacy/liaising;

 Consider new and innovative approaches to urban food production that increase food security, in partnership with citizens, community groups, and other stakeholders. 6.3.3 (8)  
food production;   Encourage small-scale, neighbourhood-level food production within the community. 6.3.3 (9)  
development and productive use of agricultural land;   Protect agricultural areas from the incursion of non-food industries such as federally licensed medical marijuana production facilities. 6.3.3 (10) *
urban-agriculture conflict and edge planning;

protection of farming development permit area ;

ALR ;

buffer at agricultural edge;

 See document for Protection of Farming Development Permit Area 

10.3

 *

 

City of Terrace Zoning Bylaw No. 2069-2014

Topic(s): Food Processing, Storage & Distribution, Urban Agriculture

Sub-topic(s): agricultural industry services, zoning, greenhouses, siting and coverage, ALR, urban chickens, livestock

Region: Kitimat-Stikine | Document Type: Zoning Bylaw | Year: 2014

View policy:  HTML PDF

Topic Sub-Topic Policy or Policy Ecerpt Document Location

urban agriculture;

food production;

livestock;

urban chickens;

greenhouses;

Urban Agriculture

.1 The keeping of backyard hens and bees is a permitted use in the City of Terrace, as set out in the City’s Animal Control Bylaw.

.2 Small Scale Urban Agriculture is a permitted use in the R1, R1-A, R2, RS1, P1 and P2 zones, under the following conditions: a. A greenhouse is subject to the setback requirements for an accessory building, and is permitted to a maximum size of 20 m2 ; and b. Lighting is permitted within a greenhouse, provided that the lighting is not directed onto neighbouring parcels.

 3.3
development and productive use of agricultural land;

sinting and coverage;

ALR;

See document for siting regulations for buildings and structures in agricultural zones (AR1 and AR2).

 10.1.3; 10.2.3
food processing, storage and distribution; agricultural industry services; See document for regulations for Light Industrial (M1) and Heavy Industrial (M2) zones. 13.1 and 13.2

 

City of Nelson Zoning Bylaw No. 3199, 2013

Topic(s): Food Processing, Storage & Distribution, Urban Agriculture

Sub-topic(s): zoning, food storage, food distribution, agricultural industry services, urban gardens/orchard

Region: Central Kootenay | Document Type: Zoning Bylaw | Year: consolidated 2013

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topic Sub-topic Policy or Policy excerpt Document Location

urban agriculture;

 urban gardens/orchard;

Uses Permitted in All Zones

The following uses shall be permitted in all zones within this bylaw:

... d. Community Gardens...

 1.1.2 (d)
food procesing, storage and distribution;

food storage;

agricultural industry services;

food distribution;

 See document for regulations of Industrial Zones (M1) and Waterfront Mixed-Use Industrial & Commercial Zone (MU4), which permit food storage (warehousing).

7.1;

5.4;

 

Supplementary Information

 

Municipal Planner Interview with the City of Nelson Re: Zoning for Community Gardens and Food Storage

Nelson’s 2013 OCP and Zoning Bylaw update included accommodations to increase food storage and distribution in the City and permit community gardens in all zones.

Policy Development and Community Consultation

The OCP and zoning bylaw updates in 2013 were informed by Nelson’s Sustainability Plan (“Nelson Path to 2040”, 2011), which identified food security and agriculture as a focal area for future planning and development. This precedent in a high-level planning document facilitated the inclusion of food security/agricultural goals and policies within the OCP and Zoning Bylaw, including increased land use accommodations for warehousing and permitting community gardens throughout the City.

Both the OCP and the zoning bylaw included public engagement components in the form of open houses. At these forums, members of the public were invited to review and comment on the proposed bylaw and plan changes. The proposed changes to these policies were supported throughout the community consultation process.

Policy Adoption

The adoption of these particular zoning bylaw amendments resulted from discussions of how the City of Nelson can best support local food security. Recognizing the importance of agriculture and food production in the region, and the limited land base available within the City to support food production, Nelson adopted policies within its OCP and zoning bylaw to allow community gardens in all zones as well as support the storage and distribution of food from the surrounding agricultural region.

Policy Outcomes and Recommendations

Since the policies were adopted, one community garden has been established in a residential area of Nelson. The community garden project, proposed by a local food charity called the Nelson Food Cupboard, provides fresh produce and skills training to community members.

Now that the changes allowing warehousing and commercial storage in the City have been put in place, the City of Nelson aspires to play a more significant role as a distribution hub for the region’s agricultural sector.  With these provisions in the City’s zoning bylaw, and a food policy council currently being formed in the region, Nelson is anticipating identifying and enhancing its role in the regional food system.

 

References

City of Nelson, Development Services and Engineering, personal communication, October 2016

 

 

City of Kelowna Zoning Bylaw No. 8000

Topic(s): Development and Productive use of Agricultural Land, Economic Development, Food Processing, Storage & Distribution, Food Production, Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): agri-tourism, ALR, ALR subdivision, farm home plate, farm retail/farm gate sales, farm worker accommodation, farmers' markets, food processing, greenhouses, home occupation/home based businesses, livestock, residential development, siting and coverage, urban gardens/orchard, zoning

Region: Central Okanagan | Document Type: Zoning Bylaw | Year: consolidated 2019

View policy:  HTML PDF

Topic Sub-topic Policy or Policy Excerpt Document Location

food production;

urban agriculture;

zoning;

greenhouses;

Urban Agriculture

Where food is produced for consumption by residents of the subject parcel only, and is
in association with an existing principal use – single family dwelling,urban agriculture
must comply with the following:
a) greenhouses are permitted to a maximum of 30m2 in total floor area;
b) greenhouses, accessory buildings or structures associated with urban agriculture
shall conform to the applicable zoning requirements for accessory buildings or
structures and the relevant zone. A greenhouse is not included in the calculation
of site coverage for accessory buildings or structures;...

See document for additional regulations related to urban agriculture.

 9.10

food production;

urban agriculture;

zoning;

urban gardens and orchards;

Multi-residential Shared Garden

A Multi-residential shared garden must be solely for the use of the residents on
the parcel. Multi-residential shared gardens shall:
(a) be screened from adjacent streets and/or parking area by landscaping;
(b) be integrated into the overall landscape design;
(c) be located on a parcel where exposure to sunlight is optimal;...

See document for additional regulations related to multi-residential shared gardens.

 9.11

food production;

urban agriculture;

zoning;

urban gardens and orchards;

Community Gardens

In order to be permitted on a parcel a Community Garden shall:
(a) conform to the applicable zoning requirements for accessory buildings or
structures, or greenhouse when accommodating these structures in
conjunction with a community garden;
(b) be delineated from adjacent streets and/or parking areas by landscaping;
(c) have no or materials related to the community garden stored outside on the
parcel;...

See document for additional regulations related to community gardens.

 9.12
development and productive use of agricultural land;

zoning;

farm worker accommodation;

 See document for additional regulations related to temporary farm workers accommodations. 9.13
development and productive use of agricultural land;

ALR subdivision;

ALR;

Subdivision Regulations

(a) The minimum lot width is 40.0 m.
(b) The minimum lot area is 4.0 ha

 11.1.5
development and productive use of agricultural land;

siting and coverage;

ALR;

See document for siting and coverage regulations for buildings and structures in Agricultural Zones.

 11.1.6
development and productive use of agricultural land

farm home plate;

residential development;

 For lots 0.4 ha and greater, a residential footprint must be registered on title for any residential development triggered by a Farm Protection Develoment Permit.The
maximum residential footprint is 2,000 m2. A second residential footprint up to 1,000 m2 may be registered for a mobile home for immediate family where permitted.		 11.1.6 (c)
food processing, storage & distribution;

food processing;

siting and coverage

 Not withstanding subsections 11.1.6(a), confined livestock areas and/or buildings housing more than 4 animals, or used for the processing of animal products, shall not be located any closer than 30.0 m from the lot line where the lot line borders a residential zone. 11.1.6 (f)
food processing, storage and distribution;

home occupation/home based businesses;

food processing;

livestock;

ALR;

 

When a home based business, rural involves the cutting and wrapping of wild game
or any meat, the lot must have a minimum lot area greater than 0.33 ha.

 11.1.7 (a)
food sales, access and procurement;

farn retail/gate sales;

ALR;

 Agricultural and garden stands selling only produce grown on the site or another site operated by the same producer do not have a maximum area. The maximum gross floor area of stands selling produce that is produced off-site shall be 50.0 m². For sites within the Agricultural Land Reserve, the maximum gross floor area of agricultural and garden sales for produce produced off-site or off-farm products shall be the lesser of one-third of the total floor area of the agricultural and garden sales stand or 100.0 m². 11.1.7 (c)
economic development;

agri-tourism;

ALR;

residential development;

(j) Bed and breakfast homes or group homes, minor in combination with a secondary suite shall not be located on parcels less than 2.0 ha in size. 

 11.1.7 (j)
economic development;

agri-tourism;

ALR;

residential development;

The following uses are specifically prohibited in the A1 – Agriculture Zone, in accordance with the requirements of the ALC Regulations to prohibit explicitly: (a) agri-tourist accommodation, as defined by the ALC Regulation....

 11.1.10.
urban agriculture;

urban gardens/orchard;

residential development;

 Urban agriculture permitted in all urban residential zones. section 13
food sales, access & procurement;

farmers' markets;

 Purpose
The purpose is to provide for an agribusiness and agritourism zone that meets local and tourist demand for agricultural products, services and experiences. Due to the seasonal nature of agriculture, this zone also provides for a flexible range of secondary uses which serve local residents on a year round basis.		 Section 18, Schedule B, CD23

 

City of Kelowna Agribusiness/Agritourism Comprehensive Development Zone

Topic(s): Food Sales, Access & Procurement

Sub-topic(s): zoning

Region: Central Okanagan | Document Type: Zoning Bylaw | Year: 2009

View policy:  HTML PDF

Topic Sub-topic Policy or Policy Excerpt Document Location
food sales, access and procurement; farmers' market;

Purpose

The purpose is to provide for an agribusiness and agritourism zone that meets local and tourist demand for agricultural products, services and experiences. Due to the seasonal nature of agriculture, this zone also provides for a flexible range of secondary uses which serve local residents on a year round basis.... See document for regulations for Public Market and Open-Air Market Comprehensive Development Zones (CD23).

 Section18, Schedule B, CD23

 

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