District of Kent Zoning Bylaw No. 1219, 2001

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

Municipality:
District of Kent

Document Type:
Zoning Bylaw

Level of Government:
Municipal

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