City of Victoria Outdoor Market Bylaw

Topic(s): Food Sales, Access & Procurement

Sub-topic(s): farmers' markets

Region: Capital | Document Type: Regulatory Bylaw | Year: consolidated 2015

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A bylaw to regulate the operation of outdoor markets.

City of Vancouver Zoning & Development Bylaw 3575

Topic(s): Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): urban farm, zoning, farm retail/farm gate sales, farmers' markets

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

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

Farmers’ Market

11.21.1 A Farmers’ Market must be in: (a) open air stalls or booths; (b) stalls or booths partially or totally covered by tents or similar temporary structures; and (c) stalls or booths in a building approved for use as a Farmers’ Market.

11.21.2 A Farmers’ Market must have at least 11 stalls or booths, except that the Director of Planning may permit a lesser number of stalls or booths, if the Director of Planning first considers all applicable policies and guidelines adopted by Council.

11.21.3 The site area of a Farmers’ Market must not exceed 2 323 m2 , except that the Director of Planning may permit an increase in site area, if the Director of Planning first considers all applicable policies and guidelines adopted by Council.

11.21.4 A vendor at a Farmers’ Market must only sell: local fresh, dried or frozen fruit and vegetables; local dried or frozen meat and seafood; local eggs; local dairy products; local plants; local prepared foods; local ready-to-eat foods; local artisan crafts; or local wine, cider, beer or spirits.

11.21.5 No more than 40% of the total number of stalls or booths in a Farmers’ Market may be used for the sale of local ready-to-eat foods and local artisan crafts.

11.21.6 There must be no more than three vendors selling or providing samples of local wine, cider, beer or spirits at a Farmers’ Market.

 11.21

urban agriculture;

 urban farm;

Urban Farm - Class A

Notwithstanding anything else in this By-law, Urban Farm - Class A is subject to the following:

11.29.1 The planting area must not exceed 325 m2 on any single parcel unless the primary use of the parcel is Park or Institutional in which case the Director of Planning may permit an increase in planting area to a maximum of 7 000 m2 .

11.29.2 If two or more parcels are operated jointly as an Urban Farm - Class A, the combined planting area for all parcels must not exceed 7 000 m2 .

11.29.3 No on-site processing of fruits and vegetables, or manufacturing of food products is permitted.

11.29.4 No mechanical equipment may be used other than that designed for household use including lawnmowers, rototillers, garden hoses and pruners.

11.29.5 No herbicides or pesticides are permitted.

11.29.6 No on-site sales are permitted, unless the primary use of the parcel is Institutional.

11.29.7 No Urban Farm - Class A operated on a single parcel may generate revenue exceeding $9,999 in any calendar year, unless the primary use of the parcel is Park or Institutional.

11.29.8 If an Urban Farm - Class A is operated, in whole or in part, by a person other than an owner or full-time resident of the parcel, the planting area must be subject to a lease authorizing the operation of the farm.

11.29.9 No offensive noise, odour, light, smoke, or vibration or other objectionable effect may be produced.

11.29.10 No mechanical equipment may be stored outside.

11.29.11 Any development permit or waiver of a development permit for an Urban Form-Class A is time limited to 1 year.

Urban Farm - Class B

Notwithstanding anything else in this By-law, Urban Farm – Class B is subject to the following:

11.30.1 The planting area for a single parcel or the combined planting area for all parcels operated jointly as an Urban Farm – Class B, may not exceed 7 000 m2 , unless relaxed by the Director of Planning due to unnecessary hardship associated with the location, shape or size of the parcel or parcels.

11.30.2 If located within 30 m of a residential use, no mechanical equipment may be used other than that designed for household use including lawnmowers, rototillers, garden hoses and pruners.

11.30.3 No herbicides or pesticides are permitted.

11.30.4 No offensive noise, odour, light, smoke, or vibration or other objectionable effect may be produced.

11.30.5 If an Urban Farm - Class B is operated, in whole or in part, by a person other than an owner or full-time resident of the parcel during the farm operation, the planting area must be subject to a lease authorizing the operation of the farm.

11.30.6 Any development permit for an Urban Farm Class B is time limited to 1 year

 section 11, 11.29- 11,30

 

City of Vancouver Rezoning Policy for Sustainable Large Developments

Topic(s): Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): amenity density zoning/contributions, community kitchen, edible landscaping, farmers' markets, urban gardens/orchard

Region: Metro Vancouver | Document Type: Policy | Year: 2010

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A policy requiring development proposals for large developments put forward through rezoning application to create defined plans or studies on the following:
1. Sustainable Site Design
2. Access to Nature
3. Sustainable Food Systems
4. Green Mobility
5. Rainwater Management
6. Zero Waste Planning
7. Affordable Housing
8. Low Carbon Energy Supply.

from City of Vancouver Rezoning Policy for Sustainable Large Developments, 2010, accessed Oct 2016

 

City of Vancouver License By-law No. 4450

Topic(s): Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): urban farm

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

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Topic Sub-topic Policy or Policy Excerpt Document Location
urban agriculture; urban farm;

URBAN FARMING

(1) Every parcel operated as an Urban Farm ― Class A or Urban Farm ― Class B or as part of an Urban Farm ― Class A or Urban Farm ― Class B, requires a separate business license.

(2) An Urban Farm - Class A or Urban Farm - Class B may only operate on more than one parcel if all the licenses are issued to the same person.

(3) A licence holder may not operate an Urban Farm – Class A that exceeds a combined planting area of 7,000m2 .

(4) A licence holder may not operate an Urban Farm – Class B that exceeds a combined planting area of 7,000m2 , unless approved under section 11.30.1 of the Zoning and Development By-law.

(5) No activities associated with an Urban Farm – Class A may take place outside the hours of 8 am to 9 pm.

(6) If located within 30 m of a residential use, no activities associated with an Urban Farm – Class B may be carried on outside the hours of 8am to 9 pm.

(7) If the holder of a license for an Urban Farm – Class A or an Urban Farm – Class B applies for farm class tax status under the BC Assessment Act, the applicant must inform the Chief License Inspector at the time the application is made.

(8) If part of the planting area of an Urban Farm – Class A or Urban Farm – Class B is subject to a lease, the lease must be provided to the City License Inspector

 26.4 

 

City of Victoria Official Community Plan

Topic(s): Economic Development, Education, Food Production, Food Sales, Access & Procurement, Policy Partnerships, Advocacy & Development, Urban Agriculture, Waste Management, Water Management, Wildlife/Environmental/Pest Management

Sub-topic(s): beekeeping/apiculture, climate change and greenhouse gases, commercial development, community food system education, composting, edible landscaping, emergency preparedness, farmers' markets, farmland trust, food processing, food recovery/gleaning/donation, greenhouses, grocery stores, home occupation/home based businesses, livestock, local food culture, mobile/street food vending, partnerships/advocacy/liaising, pilot project, pollinators, research and data collection, residential development, stormwater management, urban chickens, urban farm, urban gardens/orchard, wildlife and ecosystem management, zoning

Region: Capital | Document Type: Official Community Plan | Year: 2012

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

urban agriculture;

food production;

zoning;

urban gardens/orchard;

 Parks, schools, public facilities and utilities, public assembly, community services, pathways, open space, urban food production,institutional, and recreational uses are permitted in all designations as determined in accordance with zoning. 6.4; *

urban agriculture;

water management;

food production;

urban gardens/orchard;

stormwater management;

pilot project;

[Implement the City’s Greenways Plan as shown in Map 6, seeking opportunities to enhance recreational opportunities, identity, green features and the pedestrian and cycling experience by]...

...Piloting green infrastructure and urban food production in greenways

 9.7.3 *

food production;

food processing, storage and distribution;

food access, sales and procurement;

nutrition and public health;

economic development;

partnerships/advocacy/liaising;

food processing;

wildlife and ecosystem management;

local food culture;

Participate in coordinated community and regional efforts to develop a more sustainable food system that considers all stages of the food system as shown in Figure 18, and that:

17.1.1 Contributes to the economic development, environmental management, and social well-being of Victoria and the region;

17.1.2 Encourages local and regional food production and processing, and protection of productive farmland;

17.1.3 Recognizes access to safe, sufficient, culturally appropriate and nutritious food as a basic need for all citizens;

and,17.1.4 Celebrates local food culture, cuisine, and indigenous and local food traditions.

 17.1; *
policy partnerships, advocacy and development   Assess neighbourhood food system features and needs as part of local area planning. 17.3;  

urban agriculture;

food production;

urban gardens/orchard;

edible landscaping;

Review and develop City policy to increase the number of allotment gardens, commons gardens, edible landscapes, food-bearing trees and other types of food production activities that considers other uses and identifies:

17.4.1 The land types and potential City-held sites where different food production activities might be supported;

17.4.2 The roles and responsibilities of participants; 

17.4.3 Mechanisms to encourage and support food production sites on City-held lands, other publicly-held lands, and on private lands;

and 17.4.4 Mechanisms to acquire land for food production purposes, where appropriate.

 17.4; *

urban agriculture;

food production;

 urban gardens/orchard; Encourage food production activities in visible and suitable public places to foster a connection between people and the process of growing, harvesting and eating fresh produce.  17.5; *

urban agriculture;

wildlife/environmental/pest management;

food production;

 urban gardens/orchard; Include urban food production objectives in the development of management strategies to address pests, disease, invasive species, urban wildlife and other ecological issues on public and private lands. 17.6; *
urban agriculture; urban gardens/orchard; Support the establishment of at least one allotment garden per neighbourhood, co-located with community facilities or services where possible, and more in neighbourhoods that feature a high proportion of rental or attached housing, where feasible. 17.7; *
urban agriculture;

urban gardens/orchard;

pilot project;

 Work with community groups to develop pilot projects for the planting, maintenance and harvesting of food-bearing trees on suitable City-held lands. 17.8; *

food production;

urban agriculture;

 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. 17.9;  

food production;

urban agriculture;

urban gardens/orchard;

 Support food production on private land where it is safe, suitable and compatible with the Urban Place Guidelines in this plan. 17.10;  

urban agriculture;

food production;

urban gardens/orchard;

residential development;

 Encourage the provision of gardens and other food production spaces for the use of residents in new multi-unit housing. 17.11; *
food production;

urban chickens;

beekeeping/apiculture;

pollinators;

livestock;

Support the keeping of small livestock in the city by:

17.13.1 Maintaining regulatory support for the keeping of poultry and honeybees;

and,17.13.2 Reviewing regulations to consider the keeping of other small livestock for food production, appropriate to an urban environment, in collaboration with senior levels of government and the health authority.

 17.13; *
urban agriculture;

zoning;

urban farm;

urban farm;home occupations/ home-based business;

commercial development;

institutional development;

residential development;

greenhouses;

Explore expanded small-scale commercial urban agriculture through a review of policy and regulations to consider the opportunities for, and implications of:

17.14.1 Enabling infrastructure and human resources needed to support small-scale commercial urban agriculture as a home occupation;

17.14.2 Using residential accessory buildings for commercial agricultural purposes; and, 17.14.3 Allowing commercial urban agriculture uses, including greenhouses, in commercial and industrial zones.

 17.14; *
food sales, access and procurement; grocery stores; Support the achievement of residential densities sufficient to support food stores and other food retail uses such as bakeries, restaurants and pubs, in town centres and large urban villages. 17.15;  
food sales, access and procurement; mobile/street food vending Explore expanded street food vending opportunities to animate the public realm and showcase local cuisine, through the review of existing regulations and the development of a program in partnership with local businesses and the health authority. 17.16; *
food sales, access and procurement; farmers' markets;  Encourage the development of farmers markets in Town Centres and Urban Villages, and a viable year-round farmers market in the Downtown Core Area, to animate the public and private realm and support local growers and food processors. 17.17;  

waste management;

urban agriculture;

food production;

food processing, storage and distribution;

pilot project;

food processing;

food recovery/gleaning/donation;

 Pilot new uses in appropriate locations that enhance urban food production, processing and food waste recycling. 17.18; *
food processing, storage and distribution;

food processing;

farmland trust;

partnerships/advocacy/liaising;

Work with neighbouring municipalities, the Capital Regional District, the provincial government and other food system stakeholders to increase the regional food supply by:

17.19.1 Establishing policies, tools and initiatives to protect and expand working farmland, such as a regional farmland trust; and,

17.19.2 Implementing strategies to support and re-establish key food system infrastructure such as meat, fruit and vegetable processing facilities. 

 17.19; *

nutrition and public health;

food sales, access and procurement;

 community food system education; Support the efforts of community centres, community organizations, the health authority, the school district, senior government and the private sector to establish programs and resources that build knowledge and skills to help people move towards healthier, and more secure and dignified access to nutritious food. 17.21; *
food sales, access and procurement;

emergency preparedness;

research and data collection;

 Identify short and long-term food supply and infrastructure needs as part of a critical infrastructure assessment in City emergency preparedness planning.  17.22; *
policy planning, partnerships, advocacy and development;

emergency preparedness;

climate change and greenhouse gases;

 Work with regional partners to enhance the capacity of the regional food system to adapt to climate change impacts, including water shortages, extreme weather events and fluctuations in global food and energy prices. 17.23; *
waste management; food recovery/gleaning/donation; Support the efforts of community organizations and the private sector to establish initiatives that divert recoverable food from the pre-waste stream for redistribution to local food security organizations. 17.25; *
waste management;

composting;

commercial development;

residential development;

Encourage the Capital Regional District to undertake a regionally coordinated approach to the recycling of food waste that retains biological nutrients regionally by:

17.26.1 Promoting household composting systems;

17.26.2 Establishing a household organic waste collection program with opportunities for finished compost to be made available for farmers and other food producers within the region;

and,17.26.3 Developing strategies to encourage organic waste diversion from multi-unit housing and commercial properties.

 17.26; *

City of Victoria Zoning Regulation Bylaw No. 80-159, Schedule L: Small-Scale Commercial Urban Food Production

Topic(s): Food Sales, Access & Procurement, Urban Agriculture

Sub-topic(s): beekeeping/apiculture, farm retail/farm gate sales, pollinators, urban chickens, urban farm, zoning

Region: Capital | Document Type: Zoning Bylaw | Year: 2016

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A zoning bylaw amendment to regulate small-scale commercial urban food production.

 

Supplementary Information

 

Food System Coordinator Interview with the City of Victoria Re: Small-Scale Commercial Urban Food Production

Small-scale commercial urban food production has been included as a permitted land use in the most recent revision of Victoria’s Zoning Regulation Bylaw.

Policy Development, Public Consultation, and Policy Adoption

The City of Victoria’s OCP (Chapter 17: Food Systems) and the City of Victoria’s 2015-2018 Strategic Plan spurred the development of policies and programs to increase urban food production. Goal 8 of the Strategic Plan (“Enhance and Steward Public Spaces, Green Spaces and Food Systems”) called for a city-wide consultation to identify tangible projects and bylaw changes that could enhance the urban food system. This gave City staff the mandate to hold a community consultation process called “Growing in the City” in 2015-2016.

 The year-long consultation culminated in the presentation of two reports to Council. The first focused on community food production on public lands, such as community/boulevard gardens, edible landscaping etc. The second, which discussed commercial urban food production suggested several bylaw revisions to accommodate small-scale commercial urban food production.

Overall, to better support small-scale commercial urban food production as part of the "Growing in the City" project, the Zoning Regulation Bylaw, Business Licence Bylaw, Sign Bylaw, Pesticide Use Reduction Bylaw, Streets and Traffic Bylaw, and Official Community Plan, were amended to:

  • Define small-scale commercial urban food production (includes the production of fruits, vegetables, flowers, fibre, seeds, nuts, seedlings, herbs, eggs and honey);
  • Allow small-scale commercial urban food production in all zones;
  • Restrict loadings of delivery trucks;
  • Allow off-site retail sales;
  • Allow on-site retail sales through food stands;
  • Limit odours, noise and light pollution;
  • Exempt rooftop greenhouses from height calculations and floor space ratio calculations;
  • Exempt small-scale commercial urban food production from requiring a development permit for landscaping;
  • Allow permanent farmers market signage;
  • Allow boulevard gardening;
  • Prohibit pesticide uses which constitute noxious or offensive business practices within the context of small-scale commercial urban food production;

As part of these changes, small-scale urban agriculture was established as its own category of permitted use, and urban agriculture was removed from the definition of home occupation. This further enabled urban food production since many of the restrictions associated with home occupation uses do not reflect the business model for urban farming. Additionally, this modification permits the pursuit of both a home occupation and a small-scale urban food production.

Overall, the bylaw changes for small-scale commercial urban food production received wide support from the community. The extensive consultation process afforded opportunities to integrate feedback and concerns as well as revise proposed changes.

Examples of issues\concerns identified through the community consultation and policy adoption process include;

- Pesticide use and compatibility of residential and urban agriculture uses (traffic, odour, parking, aesthetics etc.)

- Long-term integrity of structures such as greenhouses

- Regulatory barriers for community members  wishing to participate

Cross-Departmental Collaboration

Collaboration among departments was an essential element of the development, implementation and roll-out processes. The Sustainable Planning and Community Development Department, and the Parks Recreation and Facilities Department worked closely in order to capture both the potential of City lands to contribute to community food production and the potential of private lands to be used for commercial urban food production. Throughout the implementation and roll out of the policy changes, close and ongoing communication was also maintained between many departments, including Parks, Planning, Legal Services, Engagement, Business Licensing, and Bylaw Services.

Policy Implementation

The City of Victoria is in the process of communicating and implementing the new bylaw changes. Doing so requires both internal and public communication strategies.

Given that the bylaw changes impact city operations across departments, substantial effort is being made to ensure that the appropriate information and resources are provided to all implicated departments so that all City staff are aware of the new procedures. This includes preparing “cheat-sheets” to summarize changes, discussing roadside stand regulations with bylaw enforcement officers, working closely with the business licensing department who will receive urban food production business applications, and training staff in the ‘Business Hub’ - Victoria’s first point of contact for business-related enquiries. 

Implementing the new policies requires thoughtful training efforts and dedicated staff time to communicate important nuances. For example, the sale of sprouts, which are considered a high risk food by Island Health, is not permitted under small-scale commercial urban food production, while the sale of shoots is permitted. Therefore City staff must distinguish between these two similar raw, unprocessed food items with different regulatory constraints.

Public resources to aid in policy interpretation have been made available on the City of Victoria’s website at http://www.victoria.ca/foodproduction, as well as distributed at community events. These materials include a handbook summarizing the bylaw changes and providing tips and considerations for the design and implementation of small-scale urban food production, as well as other community resources (e.g. urban agriculture organizations that can provide additional information.) A single page “Urban Food” fact sheet that summarizes the handbook is also available as an initial communication tool to direct those interested to additional resources. A Building and Operating a Food Stand fact sheet provides information specific to food stands.

Policy Outcomes and Recommendations

The City of Victoria is in the process of monitoring business licenses, applications and uptake in order to assess the outcomes of bylaw changes.

 

 

References

‘Growing in the City' - Part 1: Urban Food Production on City-owned lands, 2016. Presented to City of Victoria, of the Whole Feb 25th, 2016. Retrieved from  http://victoria.ca.granicus.com/MediaPlayer.php?view_id=2&clip_id=690

‘Growing in the City’ - Part 2: Regulatory Amendments to Support Small-Scale Commercial Urban Farming, 2016. Presented to City of Victoria Committee of the Whole, Feb 25th, 2016. Retrieved from http://victoria.ca.granicus.com/MediaPlayer.php?view_id=2&clip_id=690

City of Victoria, Growing in the City PHASE TWO: COMMUNITY FEEDBACK REPORT, October 2015 – January 2016. Retrieved from https://victoria.civicweb.net/FileStorage/64F2A909F0314676A7FCA65AB93B261C-3_Appendix%20B_Phase%202%20Engagement%20Summary%20Report.pdf, January 2017.

City of Victoria, Parks, Recreation and Facilities, personal communication, November 2016.

 

 

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

View policy:  HTML PDF

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

View policy:  HTML PDF

 

 

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 Vancouver Food Strategy

Topic(s): Economic Development, Education, Food Processing, Storage & Distribution, Food Production, Food Sales, Access & Procurement, Land Access, Nutrition and Public Health, Urban Agriculture, Waste Management

Sub-topic(s): local procurement, food distribution, edible landscaping, composting, urban chickens, mobile/street food vending, beekeeping/apiculture, urban farm, pilot project, pollinators, grocery stores, farm retail/farm gate sales, community kitchen, community food system education, commercial development, livestock, farmers' markets, residential development, urban gardens/orchard

Region: Metro Vancouver | Document Type: Food Strategy | Year: 2013

View policy:  HTML PDF

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

urban agriculture;

land access;

 urban gardens/orchard; Explore opportunities to improve security of tenure for community gardens and community orchards on city property.  1.1  
urban agriculture; urban gardens/orchard;  Improve accessibility and clarity of application processes for creating or participating in community gardens and community orchards,  particularly for under-represented ethno-cultural communities.  1.2  

urban agriculture;

education;

urban gardens/orchard;

community food system education;

 Encourage community garden models which promote community  development opportunities with local schools, Neighbourhood Houses, and other local organizations as part of their education programming.  1.3 *
urban agriculture; urban gardens/orchards; Enhance funding partnerships to support the creation, operation, improvement and capacity building opportunities for community gardens and community orchards. 1.5  
urban agriculture; urban gardens/orchard; Work with the Association of Community Garden Coordinators to implement strategies that will reduce community garden waiting lists  and to improve access for ethno-cultural communities.  1.8  
urban agriculture;

urban farm;

farm retail/farm gate sales;

 Explore possibilities for urban farmers to sell produce directly from an urban farm (farm gate sales) with appropriate limitations and  mitigation strategies. 1.11  

urban agriculture;

food processing, storage and distribution;

food distribution;

urban farm;

farmers' markets;

 Enable alternative food retail and distribution models for urban farming produce such as community food markets, food distribution hubs and pre-approved Community Supported Agriculture (CSA) distribution sites in locations such as community centres, neighbourhood houses and schools.  1.12 *
 

edible landscaping;

commercial development;

institutional development;

residential development;

 Promote edible landscaping as an alternative to ornamental or flowering plants in residential, commercial, institutional and parks landscaping plans.  1.18  
urban agriculture;

urban gardens/orchard;

edible landscaping;

 Increase the planting of food-bearing trees when planting new trees in parks and on other civic lands, and encourage community stewardship of those trees. 1.19 *

food production;

education;

urban agriculture;

beekeeping/apiculture;

pollinators;

community food system education;

livestock; 

 Support public education programs on pollinator bees, honeybees and beekeeping in response to community demand and interest. 1.22 *

food production;

education;

urban agriculture;

urban chickens;

community food system education;

livestock; 

 Support public education programs on backyard hens in response to community demand and interest. 1.25 *
food processing, storage and distribution; food distribution; Support businesses and social enterprises involved in processing and distribution of healthy, local and sustainable food within Vancouver and connect to local agricultural producers in the region. 2.4 *
food sales, access and procurement; local procurement; Explore opportunities to increase the percentage of local and sustainable food purchased by City and  school facilities as a way to support local farmers and producers.  2.6  
food sales, access and procurement; local procurement; Explore opportunities to increase the percentage of local and sustainable food purchased by Park facilities including community centres and concessions in parks and beaches.  2.7  
food sales, access and procurement; local procurement; Examine opportunities for aggregation of local and sustainable food purchasing among neighbourhood houses, smaller community centres  and childcare centres. 2.8  
food sales, access and procurement;

community kitchen;

residential development;

 Encourage installation of community kitchens or retrofit existing kitchens in new developments, social housing  sites or City facilities.  2.9 *
food sales, access and procurement; farmers' markets; Explore opportunities to support farmers markets on Park Board sites with electricity and water where appropriate.  3.5  
food sales, access and procurement; farmers' markets; Establish community food markets as a permitted use and streamline application process.  3.9 *

food sales, access and procurement;

nutrition and public health;

 farmers' markets; Encourage integration of community food markets into Vancouver School Board programming as part of healthy food options for youth and families.  3.10 *
food sales, access and procurement; farmers' markets; Incorporate community food markets into community centre programming. 3.11 *

food sales, access and procurement;

nutrition and public health;

mobile/street food vending; 

pilot project;

grocery stores;

 Test pilot programs that improve access to healthy food in neighbourhoods (e.g. healthy corner stores, pop-up grocery stores or mobile green grocers). 3.14 *
food sales, access and procurement; mobile/street food vending; Explore options to enable street food vending on private property.   3.16  
food sales, access and procurement;

local procurement;

mobile/street food vending;

 Encourage street food vendors to source local and sustainable ingredients in their menus, and require vendors to use reusable, recyclable or compostable packaging.  3.18 *

food sales, access and procurement;

economic development;

 mobile/street food vending; Encourage street food vending as an economic development opportunity for low-income groups 3.19 *
waste management;   Develop strategies to reduce food packaging in City facilities. 4.2 *
waste management; composting; Ensure that food composting is available in City facilities, and that dishes and food packaging are reusable, recyclable or compostable.  4.3 *
waste management; composting; Support community composting model. 4.6  

 

Supplementary Information

 

Municipal Planner Interview with the City of Vancouver Re: City of Vancouver's Food Strategy

After over a decade of food policy and planning initiatives, the City of Vancouver developed a Food Strategy to establish a coordinated approach to food systems planning.

Policy Development

In 2003, Council approved a motion to develop a “just and sustainable food system for the City of Vancouver”. The motion spurred the formation of Vancouver’s Food Policy Council (a citizen advisory group on food policy issues) as well as the creation of two planning positions to focus on food systems. Subsequently, a number of food-related policy and programs took root between 2003 and 2013. Some of these include the development of urban chicken keeping and beekeeping guidelines, grants to support neighbourhood food networks, street food program expansion, a kitchen scrap collection program, Vancouver’s Food Charter, and the Greenest City Action Plan. The latter two policies, which called for a coordinated strategy to focus the City’s efforts surrounding food systems, ultimately paved the way for the creation of the Food Strategy.

Consultation

Both internal and public engagement were priorities during the development of the Food Strategy.

These included broad engagement efforts with the general public as well as targeted engagement with specific community groups such as urban farmers, community organizations, cultural groups and youth.

Internally, the planning department reached out to many city managerial divisions, including Real-Estate, Parks, Finance, Sustainability, the Vancouver Board of Parks and Recreation and others to increase bureaucratic capacity for the project and foster cross-departmental cooperation.

Policy Adoption

The magnitude and range of ideas that were proposed by the draft plan complicated the adoption process, necessitating numerous iterations and a strategic evaluation of the contents against the local government’s capacity and jurisdiction. Applying such a pragmatic approach to refining the document was deemed necessary for the Food Strategy to be useful and achievable.

Policy Implementation

Vancouver’s dedicated staff planning positions have been key to implementing the Food Strategy since its adoption in 2013. It was reported that an ongoing challenge in implementing the Strategy has been adapting and accounting for emerging topics in food systems planning. Examples of these emerging themes include school food programs, indigenous food systems and the relationship between food security and income security.

Policy Outcomes and Recommendations

The Food Strategy has resulted in the creation and implementation of a multitude of policies and projects that are helping Vancouver move toward a just and sustainable food system. Some of these outcomes include:

Given the descriptive nature of the Food Strategy goals, it was reported that monitoring impact is an ongoing challenge. The Food Strategy provides directives, but not measurable goals, and therefore presents a challenge in evaluating progress. While annual reviews are conducted, it was reported that further monitoring could be beneficial.

 

References

City of Vancouver, Department of Social Policy, personal communication, November 2016.

 

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