City of Prince George Zoning Bylaw No. 7850

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

Sub-topic(s): agri-tourism, ALR, ALR subdivision, buffer at agricultural edge, livestock, residential development, siting and coverage

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Topic Sub-topic Policy or Policy Excerpt Document Location
economic development agri-tourism Agri-Tourist Accommodation: the accessory use of land, buildings and structures for shortterm overnight accommodation limited to 4 sleeping units, and seasonal campsites combined, where the total area for buildings, landscaping, and access for accommodation is less than 5% of the lot. 2.3 definitions
development and productive use of agricultural land;

ALR subdivision;

ALR;

The minimum lot area and lot width provisions of this Bylaw shall not apply for AG, AF and AR lots where the purpose of a subdivision is to protect environmentally sensitive areas, recreational amenities, or agricultural land from development. Provided that the average subdivision area, including the parent parcel, is greater than or equal to the minimum subdivision area, the following applies: a) the owner registers a covenant pursuant to Section 219 of the Land Title Act in favour of the City at the time the subdivision is registered; b) this covenant shall restrict or prohibit the construction of buildings or structures, and/or the use of any lot; and, c) such covenant shall be satisfactory to the Approving Officer. 4.6.4

development and productive use of agricultural land;

economic development;

residential development;

agri-tourism;

A secondary suite is not permitted in conjunction with an agri-tourist accommodation, bed & breakfast, community care facility, or a boarding or lodging house on the same site. 5.6.5

development and productive use of agricultural land;

economic development;

residential development;

agri-tourism;

A bed & breakfast is not permitted in conjunction with an agri-tourist accommodation, community care facility, boarding or lodging house, or secondary suite. 5.7.2
urban - agriculture conflict and edge planning;

buffer at agricultural edge;

ALR;

A landscape buffer is required for all land abutting the Agricultural Land Reserve including non-farm developments on the Agricultural Land Reserve, regardless of zone, according to the requirements of the Agricultural Land Commission. 6.5.7
development and productive use of agricultural land; siting and coverage;

See document for siting and coverage regulations for development in Agriculture and Forestry Zone.

9.2.5-9.2.6
food production; livestock;

The maximum number of poultry permitted on a lot is:

a. 0 on lots less than 2,000 m2;

b. 25 on lots that are 2,000 m2 or greater, but less than 1.0 ha;

c. 100 on lots that are 1.0 ha or greater, but less than 4.0 ha; and

d. On lots of 4.0 ha or greater, no limitations.

9.2.7.6
food production; livestock;

7. The maximum number of livestock that may be bred, trained, ridden, kept, reared or boarded on a lot is:

a. 0 on lots less than 0.4 ha;

b. 2 on lots that are 0.4 ha or greater, but less than 1.2 ha;

c. On lots of 1.2 ha or more, but less than 4.0 ha, 1 for each 0.4 ha of portion thereof; and

d. On lots 4.0 ha or more, no limitations.

9.2.7.7

 

City of Vernon Zoning Bylaw #5000, Agricultural Zones in ALR

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

Sub-topic(s): agri-tourism, food processing, farm retail/farm gate sales, ALR, siting and coverage

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

siting and coverage;

ALR;

See document for coverage and siting regualtions in Agriculture Zones within the ALR.

8.1.5
food procesing, storage and distribution;

food processing;

ALR;

Farm and animal products processing is allowed provided that a minimum of 50% of the products are produced on-site. 8.1.6
food sales, access and procurement;

farm retail/gate sales;

ALR;

Agricultural and garden stands selling 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 50.0m2 . For sites within the Agricultural Land Reserve, the maximum gross floor area of agricultural and garden sales for produce off-site shall be lesser of 33% of the total floor area of the agricultural or garden stand or 50.0m2 . 8.1.6
economic development; agri-tourism; Agri-tourist accommodation shall not be located on lots smaller than 2.0ha (5 acres) in size and shall not exceed 10 bedrooms, campsites or recreational vehicle pads.  8.1.6
       

Regulations included above are for section 8.1 Agriculture within the ALR (A1). See complete zoning bylaw for other agricultural zoning regulations including large and small holdings outside of the ALR (A2).

District of Saanich Zoning Bylaw 8200

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

Sub-topic(s): demonstration farm, farmers' markets, food distribution, food processing, food storage, siting and coverage, zoning

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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 of buildings and structures for agriculture, single family dwelling and accessory uses. 1 

101.3 - 101.7 ; 125.4-125.8
education demonstration farm; See document for regulations of Rural Demonstration Farm Zone (A-1DF).2 schedule 103
food sales, access and procurement; farmers' markets See document for regulations of Rural Zone Farm Market Zone (A-3). schedule 120

food processing, storage and distribution;

food sales, access and procurement;

food distribution;

food storage5;

See document for regulations of Rural Commercial Zone (C-1R).3 schedule 812
food processing, storage and distribution;

food storage5;

food processing;

See document for regulations of Food Processing Zone (M-5). schedule 925

1 The majority of rural parcels in the District of Saanich are covered in the A1 and A4 zones, section 101 and 125 respectively. Reference:Food and Agriculture Policies and Regulations,  District of Saanich, retrieved December 2016 from http://www.saanich.ca/EN/main/community/agriculture-food-security/policies-regulations.html

2 " In 2006, the Capital Regional District transferred a piece of land zoned Utility (P-2) to the District of Saanich for the purpose of local sustainable agriculture. The District of Saanich rezoned the piece of land as Rural Zone (Demonstration Farm)(A-1DF). This land is now leased to the Haliburton Community Organic Farm Society, and is home to the Haliburton Community Organic Farm. The Society rents land to three farm businesses."  Reference: The Land Conservancy of BC, BC’s Farming and Food Future: Local Government Toolkit for Sustainable Food Production, published December 2009, retrieved December 2016.

3 "The C-18 Rural Commercial Zone was created to recognize the activities required for the sale and distribution of local agricultural products to the community."  Reference:Food and Agriculture Policies and Regulations,  District of Saanich, retrieved December 2016 from http://www.saanich.ca/EN/main/community/agriculture-food-security/policies-regulations.html

4 "The zoning bylaw permits food processing (and warehousing) in the M-5 Zone but not Rural Zones. "  Reference:Food and Agriculture Policies and Regulations,  District of Saanich, retrieved December 2016 from http://www.saanich.ca/EN/main/community/agriculture-food-security/policies-regulations.html

5 Warehousing is a permitted use in most industrial zones as well as select commercial zones. Reference:Food and Agriculture Policies and Regulations,  District of Saanich, retrieved December 2016 from http://www.saanich.ca/EN/main/community/agriculture-food-security/policies-regulations.html 

 

 

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

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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

 

Corporation of the City of Port Coquitlam Zoning Bylaw No. 3630

Topic(s): Development and Productive use of Agricultural Land, Food Production, Urban Agriculture

Sub-topic(s): beekeeping/apiculture, farm home plate, farm residence maximum setback, livestock, pollinators, siting and coverage

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

farm home plate;

farm residence maximum setback;

FARM HOME PLATE

1) A farm residence and all farm residence accessory facilities must be located within the farm home plate.

2) The area of the farm home plate is limited to the greater of 10% of the lot area or 1000m2 , up to a maximum of 2000m2 .

3) A farm residence must be entirely located within an area no more than 50m from the front lot line or the exterior side lot line, whichever provides access to the farm residence. 4) Farm residence accessory facilities on lots with a lot width of more than 33m must be entirely located within an area no more than 60m from the front lot line or the exterior side lot line, whichever provides access to the farm residence.

1.4
development and productive use of agricultural land; siting and coverage; See document for regulations for siting and coverage for buildings and structures in Agricultural Zone (A). Table 1.4 and notes to Table 1.4

urban agriculture;

food production;

beekeeping/apiculture;

pollinators;

livestock;

ACCESSORY HOBBY BEEKEEPING

14.1. Accessory hobby beekeeping must comply with the following regulations:

a. A maximum of 2 beehives and 2 nucleus colonies may be located on a lot;

b. The lot must have a minimum width of 14 metres (46 ft.);

c. A beehive or nucleus colony must not be located in a front or side yard;

d. A beehive or nucleus colony must not be located within 2 metres (6.6 ft.) of a rear lot line; and,

e. A solid fence or landscape screen with a minimum height of 2 metres (6.6 ft) must enclose a rear yard containing a beehive or nucleus colony.

section III 14

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

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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

 

 

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

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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 Surrey Policy for Considering Applications for Exclusion of Land from the Agricultural Land Reserve - City Policy No. O-51

Topic(s): Development and Productive use of Agricultural Land

Sub-topic(s): ALR exclusion, ALR

View policy:  HTML PDF

A policy to provide the context for and establish criteria that will be used for the evaluation of applications received by the City of Surrey to exclude land from the Agricultural Land Reserve. 

 

Supplementary Information

 

Municipal Planner Interview with the City of Surrey Re: Policy for Considering Application for Exclusion of Land from the ALR

In their efforts to protect farmland resources for agriculture, the City of Surrey established a policy for considering application for exclusion of land from the Agricultural Land Reserve (ALR). Generally, the policy calls for proposals for land exclusions from the ALR to be accompanied by a proposal to add an area of land into the ALR that is at least twice the area of that which is being excluded. The included land must be within Surrey’s city limits.

Policy Development and Adoption

This policy was developed to discourage the exclusion of land from the ALR and reduce land speculation.  It was reported that generally the policy is highly supported both internally and by the public.  A similar policy is included in the City’s OCP, adopted in 2014, as well as in its Agricultural Strategy.

Policy Implementation

Implementing the policy on an ongoing basis requires that City Planners and other staff have up to date knowledge of the policy and can identify it upon receipt of an inquiry for ALR exclusion.  Challenges to this end can arise during times of staff turnover, where knowledge gaps can lead to gaps in enforcement.

Policy Outcomes and Recommendations

It was reported that, generally, the ALR exclusion policy has helped the municipality maintain a stable ALR boundary. Inconsistencies in policy interpretation and implementation have resulted in cases where exclusions have been approved without subsequent inclusions.

In certain circumstances, the policy allows for monetary compensation (for example, providing funding toward infrastructure upgrades to improve drainage and irrigation or improving farm access) to mitigate the impacts of ALR exclusion, rather than replacement of excluded land. It was reported that monetary compensation is often a more favourable alternative for applicants seeking to exclude land from the ALR, which has impacted the policy’s effectiveness at maintaining a stable ALR boundary.

The City of Surrey has not yet been able to determine which lands outside of the current ALR boundary would be most appropriate to include and, conversely, which ALR lands would be most appropriate to exclude. This has been identified as a limitation to the policy as the lack of information requires the City to make decisions based on submitted applications rather than overall benefits to agriculture and the community.

It was noted that, although the policy has helped Surrey maintain a stable ALR boundary, the City has still experienced the loss of agricultural land to non-farm use development within the ALR which does not alter the boundary itself but does remove viable soil from agricultural production.

 

References

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

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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.

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

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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