PLANNING JUSTIFICATION REPORT

For

Certain Things Holding Ltd.,

Arborwood Tree Service Inc.,

And

Andrew and Kerri Hordyk

Re:

Township of West Lincoln

Zoning By-law Amendment Application

7838 Twenty Road, Part Lot 5, Concession 7

(Former Township of Caistor)

Township of West Lincoln, Regional Municipality of Niagara

Prepared By:

Steven Rivers, MCIP, RPP

189 Clare Avenue

Port Colborne, Ontario L3K 5Y1

Phone: 905-834-7496

Email: steven.p.rivers@gmail.com

December 21, 2015

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PLANNING JUSTIFICATION REPORT Township of West Lincoln

Zoning By-law Amendment Application

7838 Twenty Road, Part Lot 5, Concession 7

(Former Township of Caistor}

Township of West Lincoln, Regional Municipality of Niagara

EXECUTIVE SUMMARY

Purpose

The purpose of this Planning Justification Report is to review the land use planning

implications of a proposal by Certain Things Holding Ltd. to relocate its existing

business operations from 2380 Allen Road to the 32 hectares (79 acres) of land

located at 7838 Twenty Road in the Township or West Lincoln. The intent is to use the

land for several agricultural uses including:

Approximately 20 hectares (50 acres) of field crops (i.e. corn and soya beans);

An approximately 7.2 hectare (18 acre) woodlot (on the extreme southern end of the

property);

A irrigated tree nursery (on about 2 hectares (5 acres) initially with potential for

expansion) for between 200 and 500 saplings per year with a 5-year planting rotation;

Arborwood Tree Services Inc., a company providing vegetation management and

natural by-products including, among other things:

o A silviculture / agro-forestry operation including

A planned mushroom farm. Small scale and experimental, currently being

researched and considered for a new building to replace an existing building.;

A planned worm farm. Small scale and experimental, currently being

researched and considered for a new building to replace an existing building.;

Specialty soils and mulch (taking the ground wood chip by-product from tree

pruning, hazardous limb and tree removal operations. Initially it will be put in

wind-rows for storage until it begins to break down. It will then be used on the

nursery and in “teas” for soils. The intent is to use everything brought to the

site to maintain a natural approach to farming and over time, when

economically feasible, transition the farm to a fully organic operation.); and

Arborist consulting (tree pruning, hazardous limb and tree removal) in an

approximately 60 square metre (650 square feet) office space (related

agricultural operations will be carried out as well) - employing the following:

The owner / manager and one full-time administrative person;

Two part-time sales positions primarily working off-site and only returning

to the office for sales contacts follow-up and paperwork;

Currently ten persons in the field. Given the seasonal nature of the arborist

consulting business the field staff is reduced to five or six during winter

months. There is a potential to grow this to 20 persons in the field.;

On-site farm help as needed (One person a couple days a week hopefully

heading to two full-time on-farm employees).

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This Report evaluates the proposal against relevant provincial, regional and local

planning policies and zoning provisions.

Unlike the regulations of a Zoning By-law (ZB), planning policies are not legislation.

Planning policies are meant to provide general guidance with respect to the intentions of

the Province, the Regional Municipality of Niagara and the Township of West Lincoln.

Some policies will invariably conflict with others and therefore, the proposed Zoning By-

law Amendment Application being reviewed in this Report need not, and indeed cannot

conform, to all policies. Similarly, the objectives and policies of the Plans are to provide

guidance about how to reach a perhaps ideal but unattainable goal or end-state.

Policy Review Overview

Good planning practice directs that the plan and its policies are not written in stone.

Policies, such as those of the Provincial Policy Statement (PPS), the Regional Policy Plan

(RPP), the Official Plan (OP) and the recently released (February 2015) Draft Guidelines

on Permitted Uses in Ontario’s Prime Agricultural Areas (Draft Guidelines) reviewed

here, are to be used to try to reach a goal. They are not to be used as a set of threshold

measures where the inability to meet every policy results in a proposal’s failure. All of

the policies of a plan may not be and, based on good planning practice, don’t have to be

satisfied as though they are zoning by-law regulations. If, on the balance, the proposal

satisfies most of the policies and moves the community towards its stated goals, then the

proposal should be given serious consideration for approval.

The Provincial Policy Statement

The PPS defines agricultural uses as ”the growing of crops, including nursery, . . . agro-

forestry; . . . and associated on-farm buildings and structures, including, but not limited to

. . . value-retaining facilities, accommodation for full-time farm labour when the size and

nature of the operation requires additional employment, and On-farm diversified uses that

are: secondary to the principal agricultural use of the property; limited in area; . . . and

include, but are not limited to, . . home industries, . . . and uses that produce value-added

agricultural products. The PPS then goes on to state, with regard to prime agricultural

areas, permitted uses include: agricultural uses, agriculture-related uses and on-farm

diversified uses.

Section 2.3.3.1states “in prime agricultural areas, permitted uses and activities are:

agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed

agriculture-related uses and on-farm diversified uses shall be compatible with, and shall

not hinder, surrounding agricultural operations.”

Township of West Lincoln Official Plan

The OP designates the property Natural Heritage System and Good General Agricultural.

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Draft Guidelines on Permitted Uses in Ontario’s Prime Agricultural Areas

The Draft Guidelines says in prime agricultural areas, permitted uses are limited to

agricultural, agriculture-related and on-farm diversified uses and that new non-

agricultural uses in prime agricultural areas typically require official plan and zoning by-

law amendments (Section 3.2.1).

Opinion

The proposed use of the land by Certain Things Holding Ltd. at 7838 Twenty Road for,

Arborwood Tree Services Inc., for, among other things: a tree nursery; a worm farm; a

mushroom farm; specialty soils, mulch, and an accessory office / administration use for

an arborist consulting operation conforms to the policies of the PPS, draft PPS, RPP,

OP, the Draft Guidelines and Draft ZB. There are no environmental, traffic, visual

impact or noise related concerns with regard to the proposed use.

The proposed use complies with all applicable planning policies and with the provision of

the Draft Township of West Lincoln Zoning By-law. The proposal does not comply

with the Township of West Lincoln Zoning By-law currently in effect because it

require a Zoning By-law Amendment to permit a home industry.

The on-farm diversification use of storing, processing and selling silviculture and agro-

forestry products on agricultural properties is common practice and is compatible with

agricultural operations - similar to the drying and storage of grain or wine making

where the farmer buys, processes, stores and sells the agricultural products of others.

If possible, use of part of a refurbished existing building as an office / administration

space for the on-farm diversified use for the silviculture / agro-forestry operation use of

harvesting, storing and selling locally grown and Ontario silviculture and agro-forestry

products does not conflict with, hinder or limit other agricultural operations on the

applicant’s farm or neighbouring properties. If not feasible to refurbish the building a

new structure will be required.

Zoning By-law provisions can limit the proposed office / administration use to a total of

60 square metre (650 square feet) ensuring the proposed secondary use is limited in

scale and remains secondary to the principal agricultural use and on-farm diversified

use of the property.

All of the property will remain designated and zoned agricultural.

No severance of the secondary use is being requested.

The approximately 30 square metres (325 square feet), less than 0.01 percent of the

parcel, for the on-farm diversified use office / administration accessory use can be

considered secondary to the principal, about 32 hectares (80 acres) agricultural use,

of the parcel. (The Draft Guidelines provide that for “limited in area” calculations,

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the area of existing buildings used for on-farm diversified uses to be discounted at an

appropriate rate (e.g. 50 per cent).) It is less that the standard for the acceptable

area occupied by an on-farm diversified use of up to two per cent of a farm parcel to

a maximum of one ha (10,000 m2) criteria threshold of the Draft Guidelines. If the

approximately 0.5 hectare (1 acre) area of the bermed storage of mulch and byproducts

which will be used on the farm for trees and tree care is also considered as part of the on-

farm diversified use along with the office / administration accessory use, then the

percentage of the farm parcel occupied by the on-farm diversified use increases to less

than 1.6 percent of the parcel, still below the two percent threshold criteria.

Since the building to be refurbished and used for the office / administration on-farm

diversified use is existing, it will not result in the loss of any prime agricultural land;

The proposed on-farm diversified use conforms with the following Township of West

Lincoln Zoning By-law (By-law 79.14) regulations related to home industries because:

there is no external advertising other than a sign erected in accordance with any By-

laws of the Corporation regulating signs;

it is not an obnoxious trade, business or manufacture;

it is secondary to the main agricultural use and does not change the residential

character of the dwelling, and does not change the agricultural character of the

property; and

the lot is an existing lot with more than 24 metres of frontage, 60 metres of depth

and a total area greater than 1,850 square metres.

The proposed the on-farm diversified use conforms with the following Regional and

Township planning policies related to on-farm diversified use. The proposed use:

allows diversification of the farmer’s harvesting, storing and selling silviculture

and agro-forestry products operation and improves the financial returns for the

farmer,

does not negatively impact the integrity of the agricultural area for farming,

adds value to the product through storage and marketing without detracting from

the primary agricultural function of the property,

is a creative re-use of an unused agricultural building permitting the retention of

elements of the rural countryside without detracting from production,

contributes to the sustainability and viability of the farming operation,

compatible with the existing farming operation and surrounding farming

operations,

maintains the character of the agricultural area,

does not generate potentially conflicting off-site impacts,

is limited to low water and low effluent producing uses, (the site is anticipated to

be capable of accommodating the use on private water and private sewage treatment

systems),

does not require significant improvements to infrastructure, such as roads,

is small in scale, not extending outside the existing surplus and otherwise vacant

building that are similar in size to other barns in the area. (The appropriate scale for

on-farm diversified use activities may vary depending on the type of use), and

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is less than 0.01 percent of the area of the land subject to the Zoning By-law

Amendment application.

The proposed the on-farm diversified use conforms with the following Township of

West Lincoln Draft Zoning By-law regulations related to agricultural uses:

The proposed the on-farm diversified use will occur on an existing lot in existing

buildings and structures;

The propose arborist consulting business is permitted on-farm diversified use in

agricultural area;

The proposed office / administration use will be an accessory to the on-farm

diversified use (accessory to or in conjunction with a permitted principal agricultural

use); On-farm diversified uses (accessory to or in conjunction with a permitted

principal use); and Single detached dwellings conducted in whole or in part in an

accessory building to a single family detached dwelling by the residents;

The proposed office / administration use will be the only on-farm diversified use;

There will be no external advertising other than a sign erected in accordance with

any By-laws of the Corporation regulating signs;

There is no outside storage of goods, materials or equipment other than that

permitted for an agricultural use;

It is not an obnoxious trade, business or manufacture;

It is clearly of limited scale and secondary to the main agricultural use and does not

change the residential character of the dwelling, nor does it change the

agricultural character of the property;

Not more than 2 persons, other than the owner, are employed therein on a full-

time basis; and

The lot is an existing lot with more than 24 metres of frontage and 60 metres of

depth and a total area of not less than 1,850 square metres.

The regulations of the current ZB require a Zoning By-law Amendment (ZBA) to

permit the proposed on-farm diversified use. The ZBA would modify the current A2

Zone to permit:

the on-farm diversified use silviculture / agro-forestry operation to conducted in

whole or in part in accessory buildings to the single family detached dwelling;

outside storage of goods, materials or equipment;

more than 2 persons employed therein on a full-time basis; and

“value-added” to include crops (trees) grown on other land.

RECOMMENDATION

Council should direct staff to prepare a Zoning By-law Amendment for consideration that

rezones applicant’s property illustrated in Figure 1, Area Subject to the Zoning By-law

Amendment Application, to a special Agricultural 2 (A2) Zone; that limits the use for

silviculture / agro-forestry on-farm diversified use processing specialty soils and mulch

and arborist consulting in an approximately 60 square metre (650 square feet) office /

administrative space in an existing building employing the following:

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The owner / manager and one full-time administrative person;

Two in part-time sales positions primarily working off-site and only returning to the

office for sales contacts follow-up and paperwork;

Ten staff in the field; and

One on-site farm help.

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PLANNING JUSTIFICATION REPORT Township of West Lincoln

Zoning By-law Amendment Application

7838 Twenty Road, Part Lot 5, Concession 7

(Former Township of Caistor)

Regional Municipality of Niagara

1. Introduction and Purpose

The purpose of this Planning Justification Report is to review a proposal to use about 32

hectares (80 acres) of land located at 7838 Twenty Road, Township of West Lincoln,

Regional Municipality of Niagara, for a variety of agricultural uses and an arborist

consulting an arborist consulting (tree pruning, hazardous limb and tree removal) and an

existing refurbished building for an accessory office / administrative use as an on-farm

diversified use. This Planning Justification Report reviews the proposal against relevant

provincial, regional and local planning policies and zoning provisions.

2. Location and Description

The approximately 32 hectare (80 acre) parcel with 305 metres (1000 feet) frontage on

Twenty Road, illustrated on Figure 1, Area Subject of the Proposal, and the survey in

Annex 1, Survey, is located on the south side of Twenty Road about 5 kilometres (3

miles) west of Smithville. The parcel is generally flat with drainage to a drainage course /

municipal drain generally running west to east across the property and to roadside

ditches. A portion of the south part of the property is evergreen plantation / woodlot.

There are several dwellings and some agricultural buildings / barns within 1 kilometre of

the parcel.

There are several structures on the property illustrated on Figure 2, Existing and

Conceptual Land Use, and Figure 3, Existing and Conceptual Land Use – Detail,

including:

An approximately 195 square metre (2100 square foot) two-storey single detached

residential dwelling;

Two old barns (one about 8.3 by 17 metres (27 by 55 feet) and 140 square metres

(1520 square feet) and the other about 6.6 by 16.5 metres (21 by 54 feet) 109 square

metres (1170 square feet);

o One intended to be used for mushroom growing utilizing the by-product

mulch; and

o Both may have to be demolished and replaced due to disrepair;

An old drive shed (about 8 by 19.2 metres (26 by 63 feet), 154 square metres (1650

square feet);

A garage (about 6.4 metres by 9 metres (20 by 30 feet), 58 square metres (620 square

metres);

A parking area (about 29 by 50 metre (95 by 165 feet), 1450 square metres (15,610

square feet); and

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A long narrow building (about 9.1 by 18.3 metre (30 by 60 feet) intended to be use

for the worm farm and equipment storage.

All of the buildings are served by an access to Twenty Road.

Figure 1: Area Subject of the Proposal

3. Proposal

The proposal is for Certain Things Holding Ltd. to use the land located at 7838 Twenty

Road in the Township or West Lincoln for, Arborwood Tree Services Inc., a fully

sustainable agricultural company providing vegetation management and natural by-

products including, among other things:

Approximately 20 hectares (50 acres) of field crops (i.e. corn and soya beans);

An approximately 7.2 hectare (18 acre) woodlot (on the extreme southern end of the

property);

A irrigated tree nursery (on about 2 hectares (5 acres) initially with potential for

expansion) for between 200 and 500 saplings per year with a 5-year planting rotation;

Arborwood Tree Services Inc., a company providing vegetation management and

natural by-products including, among other things:

o A silviculture / agro-forestry operation including

A planned mushroom farm. Small scale and experimental, currently being

researched and considered for a new building to replace an existing building.;

A planned worm farm. Small scale and experimental, currently being

researched and considered for a new building to replace an existing building.;

Specialty soils and mulch (taking the ground wood chip by-product from tree

pruning, hazardous limb and tree removal operations. Initially it will be put in

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wind-rows for storage until it begins to break down. It will then be used on the

nursery and in “teas” for soils. The intent is to use everything brought to the

site to maintain a natural approach to farming and over time, when

economically feasible, transition the farm to a fully organic operation.); and

Arborist consulting (tree pruning, hazardous limb and tree removal) in an

approximately 60 square metre (650 square feet) office space (related

agricultural operations will be carried out as well) - employing the following:

The owner / manager and one full-time administrative person;

Two part-time sales positions primarily working off-site and only returning

to the office for sales contacts follow-up and paperwork;

Currently ten persons in the field. Given the seasonal nature of the arborist

consulting business the field staff is reduced to five or six during winter

months. There is a potential to grow this to 20 persons in the field.;

On-site farm help as needed (One person a couple days a week hopefully

heading to two full-time on-farm employees).

4. Planning Analysis and Opinion

4.1 What Is the Principal Use of the Property?

The principal use of the property is an agricultural use. Most of the land has been, and

continues to be, sown to soya bean, winter wheat or corn. The proposed on-farm

diversified use satisfies The Farming and Food Production Protection Act definition of

an agricultural operation. The proposed use is a silicultural operation (the practice of

controlling the establishment, growth, composition, health, and quality of forests) the

production of agricultural crops (field crops), . . . mushrooms, and nursery stock, . .

. , the storage, handling or use of bi-products for farm purposes; the processing by the

farmer of the products produced primarily from the farmer’s agricultural operation; and

activities that are a necessary but ancillary part of an agricultural operation such as

the movement of transport vehicles for the purposes of the agricultural operation; . . . .

4.2 Is The Proposed Use An Accessory Use or Secondary Use?

4.2.1 Preamble – Urban Forestry and Agriculture

Wikipedia defines an urban forest as a forest or a collection of trees that grow within a

city, town or a suburb. In a wider sense it may include any kind of woody plant

vegetation growing in and around human settlements. The care and management of urban

forests is called urban forestry. In the article "From Brownfields to Greenfields:

Producing Food in North American Cities," urban agriculture or urban farming is defined

as the practice of cultivating, processing, and distributing food in or around a village,

town, or city.

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Organizations like Lifecycles in Victoria BC, the Hamilton Fruit Tree Project, and Not

Far From the Tree in Toronto have created schemes such as the “Fruit Tree Project”

where volunteers pick and share unwanted fruit from local fruit trees. The Urban

Agriculture Policy, Planning, and Practice Report recently prepared for the City of

Hamilton when examining forms of urban agriculture and examples of best practices,

reviews Urban Arboiculture. The Hamilton Fruit Tree Project helps to connect fruit tree

owners in Hamilton with volunteers who are willing to help harvest ripe fruit that would

otherwise go to waste. By providing this service for trees on public and private land,

“gleaning” projects prevent rotten fruit from falling on the ground, where it can cause a

nuisance and attract pests and animals. More importantly, an otherwise untapped food

source is created within the community. The detailed coordination of the Hamilton Fruit

Tree project is successful in maximizing the benefit of ripe fruit that naturally appears

throughout the city at various times in the season.

According to the Report, some municipalities are even integrating fruit and nut-bearing

trees into public beautification projects, recognizing that a well-maintained food-

producing tree contributes to the urban food system as well as providing aesthetic value.

Gleaning projects are an important contributor to local food production by collecting

fruits and nuts from existing but often underappreciated urban sources of food, while

sharing the benefits of collaboration with many volunteers involved in the process.

While certainly not meant to be as strong a justification as supporting policy from the

PPS, RP, OP and Draft Guidelines, the descriptions of urban agriculture and urban

forestry indicate a direction that “agriculture” is moving in terms of the evolution of good

planning practice. While not always the case, the policy of home industries being

permitted in the Agricultural designations has been accepted for some time. The

concept, objectives and policies supporting on-farm diversified uses recognizing the

changing nature of agriculture and supporting those activities that contribute to the

long term economic sustainability of the agricultural industry, have only been widely

accepted and encouraged as recently as 2014 with the implementation of the new PPS

and in 2015 with the publishing of the Draft Guidelines. Given the ever changing

nature of agriculture, it is not unreasonable now to anticipate and support farmers

exploring and taking advantage of “urban agriculture” to supplement and develop

on-farm diversified uses on their farms. The next version of the PPS may catch up with

them.

A detailed review of the relevant planning documents is in Annex 2, Detailed Planning

Review.

4.2.2 On Farm Diversified Uses in Agricultural Designations and Zones

The PPS, the RP, OP, draft ZB and Draft Guidelines define and permit on-farm

diversified uses in OP Agricultural designations and ZB zones.

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Figure 2: Existing and Conceptual Land Use

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Figure 3: Existing and Conceptual Land Use - Detail

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4.2.3 Is the Proposed On-farm Diversified Use Permitted in the Township’s Draft

Zoning By-law?

The Draft Zoning Bylaw defines and Accessory Use as a use naturally and normally

incidental to, subordinate to or exclusively devoted to a principal use and located on

the same lot. It also defines a Home Occupation as the accessory use of a dwelling or of

a building or structure accessory to a permitted agricultural use, for an occupation or

business which results in a product or service. It defines an On-Farm Diversified Use as

the use of land, buildings or structures for accessory uses to the principal agricultural

use of the lot, conducted for gain or profit to support, promote and sustain the viability of

the agricultural use, including home occupations.

The “A – Agriculture Zone” permits accessory uses but Home occupations and On-farm

diversified uses are subject to additional regulations. Home Occupations in the

Agricultural Zone require a lot frontage of 24 metres and a lot area of 1,850 square

metres. Where a home occupation is permitted a maximum of two (2) persons other

than the residents of the dwelling are permitted to be employed in the home

occupation. Where a home occupation is permitted in the Agricultural Zone, On-farm

diversified uses and the retail sale of items produced on the lot, are permitted. A

maximum of one (1) on-farm diversified use is permitted on a lot containing a

permitted agricultural use and associated single detached dwelling.

The proposed arborist consulting operation (tree pruning, hazardous limb and tree

removal) is an on-farm diversified use sourcing all of its raw material either locally

or nearby in Ontario and therefore, a use permitted by the Draft Zoning By-law.

The question as to whether it is permitted “as-of-right”, as provided for in Section

5.20.B of the RP and Sections 4.6.2g), j), and r) of the OP, is the scale of the

operation.

Some uses may be permitted “as of right” in a ZB while others may need site

specific zoning. The RP’s policy is that “As-of-Right” uses include agriculture related

uses that are small scale and directly related to the farm operation, or secondary

uses that are also small scale and are compatible with the principal agricultural

operation. Uses that have potential to generate off site impacts will be evaluated and

assessed for compatibility with the principal agricultural operation and surrounding

agricultural lands through a rezoning process that will also impose controls to mitigate

the impacts. Larger scale agriculture related uses or secondary uses may require site

specific zoning amendment, where their impact is evaluated and determined to be

compatible with the principal agricultural operation and surrounding agricultural lands.

The Draft Guidelines provide direction with regard to the appropriate scale of an

on-farm diversified use in its discussion of “limited in area”. It says the “limited in area”

requirement should be based on the total land area that is unavailable for agricultural

production as a result of the on-farm diversified use, (i.e. the footprint occupied by the

use, expressed as a percentage of lot coverage). The area calculation should account for

all aspects related to an on-farm diversified use such as buildings, outdoor storage,

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landscaped areas, berms, parking and new access roads. The lot coverage ratio should

be based on the size of the individual parcel of land where the use is located. Where

available, uses should be located within existing buildings or structures no longer needed

to support agricultural production. For “limited in area” calculations, the area of existing

buildings used for on-farm diversified uses be discounted at an appropriate rate (e.g. 50

per cent). . . . The Draft Guidelines recommend that the standard for the acceptable

area occupied by an on-farm diversified use is up to two per cent of a farm parcel to

a maximum of one ha (10,000 m2).

The approximately 30 square metres (325 square feet), less than 0.01 percent of the

parcel, for the 60 square metre (650 square foot) on-farm diversified use office /

administration accessory use can be considered secondary to the principal (about 32

hectares (80 acres)) agricultural use of the parcel. It is less that the standard for the

acceptable area occupied by an on-farm diversified use of up to two per cent of a farm

parcel to a maximum of one ha (10,000 m2) threshold of the Draft Guidelines. If the

approximately 0.5 hectare (1 acre) area of the bermed storage for mulch and byproducts

(to be used on the farm for trees and tree care) is also considered as part of the on-farm

diversified use along with the office / administration accessory use, then the percentage of

the farm parcel occupied by the on-farm diversified use increases to less than 1.6

percent of the parcel, still below the two percent threshold criteria.

The scale of the on-farm diversified use and the impact on the agricultural operation

on-site and surrounding it are what guides the need for a Zoning By-law

Amendment.

4.2.4 On-farm Diversified Use (Secondary Use) and Scale

While the Township’s Current and Draft Zoning By-laws do not have a definition of

secondary use, other zoning by-laws, such as the Town of Markham’s, defines

“secondary use” as any use, except a prohibited use, which is subordinate and incidental

to the residential use and does not compromise the residential character of the property.

To paraphrase with respect to this proposal, a secondary use is any use which is

subordinate and incidental to the agricultural use and does not compromise the

agricultural operation of the property.

With respect to a recent similar Zoning By-law Amendment, The Regional Municipality

of Niagara’s Public Works Department, Development Services Division stated that:

“The Provincial Policy Statement (PPS) provides that the prime agricultural areas

are to be protected for long-term use for agriculture. The intent of the PPS is to

protect prime agricultural areas for agriculture and therefore it follows that the

principle use of these lands is for agriculture. The PPS permits secondary uses

in prime agricultural areas provided they are compatible with, and shall not

hinder, surrounding agricultural operations and shall be limited in scale. The

PPS defines a secondary use as a use that is secondary to the principal use of the

property. . . .

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Policy 6.A.6 of the Regional Policy Plan states that the predominant use of land in

Good General Agricultural Areas is agriculture. Policy 6.A.18 permits secondary

uses, subject to a number of criteria, including that the use is ancillary to the

principal use of the property. . . .

However, as the remaining farmland is used for the growing of cash crops the

proposed secondary use could be considered secondary to this use provided it

remains in active agricultural use. . . .

In conclusion, provided the proposed secondary use is subject to . . .

restrictions the proposed use could be considered to be consistent with the

Provincial and Regional agricultural policies. . . . “

Zoning By-law provisions can limit the proposed use of the arborist consulting

operation office / administrative space to a total of 60 square metres (650 square

feet) ensuring the proposed use is limited in scale and remains secondary to the

principal agricultural use of the property.

Based on the fact that the majority of the 32 hectares (79 acres) of the total land

area owned by the applicant is used for agriculture then, the 60 square metres (650

square feet) proposed to be used for the On-farm Diversified Use home industry

office / administrative space is secondary to that principal use.

Of course the arborist consulting business is more than 60 square metres of office /

administrative space. The arborist consulting operation has the following equipment:

Two aerial lift trucks with chippers;

Two chip trucks with chippers;

One small truck with a stump grinder;

One cube truck for plant health care; an

One pickup truck for plant health care; and

two pickup trucks for general use.

Most trucks leave daily but there is usually one to two trucks left in yard. Each truck and

crew leaves in the morning and returns by end work day. There are also periodic

deliveries but no retail commercial traffic.

In addition to the owner / operator, the business employs two or three on the site and up

to ten in the field. Given the seasonal nature of the arborist consulting business the field

staff is reduced to five or six during winter months.

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4.3 Regional and Official Plan Evaluation Criteria

Details of the PPS, RP and OP policies and Draft Guidelines are in Annex 2, Detailed

Planning Review.

Section 5.B.21 of the RP provides the following criteria for consideration when

identifying whether or not a diversification use should be permitted in the Zoning By-

law:

Whether the proposed activity is more appropriately located in a nearby settlement

area or rural area;

Whether the use is required on or in close proximity to an agricultural operation

for it to support and complement the agricultural activity;

The extent to which the use is compatible with the existing farming operation and

surrounding farming operations;

Whether the scale of the activity is appropriate to the site and the farming operation;

Whether the use is consistent with and maintains the character of the agricultural

area;

The use does not generate potentially conflicting off-site impacts;

The use is limited to low water and low effluent producing uses, and the site is

capable of accommodating the use on private water and private sewage treatment

systems;

The use does not require significant improvements to utilities or infrastructure

such as roads or hydro services;

The use complies with all other provisions of the Regional Policy Plan.

Policy 5.B.36 of the RP states “local Official Plans may recognize certain farm

diversification uses that include agriculturally related commercial and industrial

uses on existing undersized lots provided:

The uses are agriculturally related uses, are related to surrounding farm operations

and require a location in close proximity to the farm operation;

The scale of the operation is limited and appropriate to the site and the surrounding

area;

The agricultural character of the area continues to dominate; It has been

demonstrated to the satisfaction of the Region and the local municipality that the

proposed use is not more appropriately located on the same parcel as the farm

operation, or in a designated settlement area;

The use has minimal impact on, does not interfere with and is compatible with the

surrounding agricultural and rural land uses;

The use is limited to low water and low effluent producing uses and the site is

capable of accommodating the use on private water and private sewage treatment

systems;

A residential use is not permitted;

The use complies with all other applicable provisions of the Regional Official

Plan;

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The use would be subject to a site specific zoning amendment and be limited to

the specific use applied for. . . .

Such uses may include production activities and marketing activities.

Where such uses are proposed, they are directed to existing commercial or industrial

or other non-agriculturally zoned parcels

Section 4.6.2g) of the OP states “the following criteria shall be considered when

identifying whether or not diversification uses should be permitted in the Zoning By-law:

Whether the proposed activity is more appropriately located in a nearby urban or

hamlet area;

Whether suitable lands are available in nearby Hamlet Areas to accommodate the

proposed activity;

Whether the use is required on or in close proximity to the agricultural operation

for it to support and complement the agricultural activity;

The extent to which the activity is compatible with the existing farming operation

and surrounding farming operations;

Whether the scale of the activity is appropriate for the site and the farming

operation;

Whether the use is consistent with and maintains the character of the agricultural

area;

The activity does not generate potentially conflicting off-site impacts;

The activity is limited to low water and low effluent producing uses, and the site is

capable of accommodating the use on private water and private sewage treatment

systems;

The activity does not require significant improvements to infrastructure, such as

roads; and

Compliance with applicable regulations.”

Section 4.6.2r) of the OP states “the scale of value-added and diversification activities

will vary depending on the scale and use of the principal farming activity. The following

criteria shall be used to determine if a proposed farm diversification activity is of an

appropriate scale:

The proposed activity is clearly secondary to the main agricultural use of the

property;

The agricultural character of the property is not adversely affected by the

proposed activity;

Any buildings associated with the proposed activity do not occupy more than 5

percent of the lot area.”

4.4 Evaluation against the Criteria

4.4.1 Evaluation Summary

The processing of the imported wood chips is appropriately permitted on the subject land

as it is an on-farm diversified use secondary to the primary agricultural use of the

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property and is intended to contribute to the viability of the proposed silviculture / agro-

forestry arborist consulting operations. The proposed on-farm diversified use is intended

to expand the economic opportunities available to the farmer through the arborist

consulting business by providing a source of raw materials for mulch while the

agricultural use continues and the agro-forestry use is established. The principal use of

the subject lands will continue to be for agriculture as the scale of the proposed on-farm

diversified use will be limited to the wood chip processing and arborist consulting office /

administrative operations.

The proposed on-farm diversified use will be compatible with the principal agricultural

use on the subject land and the surrounding agricultural uses. The use is not anticipated to

generate conflicting off-site impacts or destabilize existing agricultural operations.

Impacts associated with the proposed arborist consulting office / administrative

operations are expected to be generally the same as the impacts associated with an

accounting / bookkeeper home occupation. The proposed arborist consulting office /

administration function will be located in an existing building and therefore, there will be

almost no adverse visual or noise impacts on adjacent properties. The by-product of the

off-site components of the arborist consulting operation, ground chips, is brought back to

the site, spread, wind rowed and stored until it begins to break down. The material is then

used on the nursery and in teas for soils. The proposed arborist consulting on-farm

diversified use’s office / administrative function is a dry operation that does not require

water or sanitary services beyond that of a residential use and no additional hydro

services are required. No improvements to utilities or infrastructure are required to

accommodate the proposed use.

The proposed use conforms to the criteria for on-farm diversified use home occupation

activities. The arborist consulting business office / administrative function is not

anticipated to generate off-site impacts and will be compatible with the agricultural use

of the subject lands and surrounding properties. The proposed on-farm diversified use

home occupation activity is limited in scale and will be secondary to the primary

agricultural use of the subject lands.

Based on the fact that the majority of the 32 hectares (79 acres) of the total land area

owned by the applicant is used for agriculture then, the 60 square metre (650 square feet)

proposed to be used for the on-farm diversified use home industry office / administrative

space is a small scale accessory use secondary to that principal use.

The proposed an on-farm diversified use policies provide further clarification of the

secondary nature based on the scale of the proposed use. The scale of on-farm diversified

uses will vary depending on the scale and use of the principal farming activity. The

following criteria are used to determine if a proposed an on-farm diversified use is of an

appropriate scale:

The proposed activity is clearly secondary to the main agricultural use of the

property;

The agricultural character of the property is not adversely affected by the proposed

activity; and

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Any buildings associated with the proposed activity do not occupy more than 5

percent of the lot area.

The proposed on-farm diversified use arborist consulting office / administrative

operation:

Is secondary to the main permitted agricultural use and on-farm diversified use of the

property,

Will not take place outside the existing buildings (The tree pruning, hazardous limb

and tree removal occurs off-site and the only accessory activity on the site is the

arborist consulting office / administration function. The processing of the wood chips

is an agricultural activity similar to other farmers storing, handling or use of organic

wastes for farm purposes and therefore, will not adversely affect the agricultural

character of the property, and

Will not occupy more than 5 percent of the lot area.

The storing, processing and selling of agro-forestry products (i.e. firewood) on

agricultural properties is common practice and is compatible with agricultural operations

- similar to the drying and storage of grain or wine making where one farmer buys,

processes, stores and sells the agricultural products of other farmers. Use of the existing

buildings for storing and selling locally grown and Ontario agro-forestry products does

not conflict with, hinder or limit other agricultural operations on the applicant’s farm or

neighbouring properties.

The Draft Township Zoning By-law permits on-farm diversified use and outside storage

on properties such as the subject land zoned “A - Agriculture”. It defines an on-farm

diversified use as the use of land, buildings or structures for accessory uses to the

principal agricultural use of the lot, including home occupations, which it further defines

as the accessory use of a building or structure accessory to a permitted agricultural use,

for an occupation or business which results in a product or service.

The Draft Zoning By-law permits a home occupation to be located within an accessory

building or structure or private garage, in the Agricultural Zone provided: the lot has a

minimum lot frontage of 24 metres and a minimum lot area of 1,850 square metres; and

the accessory buildings or structures comply with the requirements. A maximum of two

(2) persons other than the residents of the dwelling are permitted to be employed in the

home occupation. Outside storage is not permitted as part of a home occupation however

it is a permitted use in the “A Agriculture” Zone provided it is not for the home

occupation.

The current Zoning By-law law permits a dwelling existing at the date of the passing of

this By-law and enlargement thereof, and uses, buildings, and structures accessory thereto

on properties such as the subject land zoned “A2 - Agriculture”. Home Industry (a

gainful occupation conducted in whole or in part in an accessory building to a single

family detached dwelling by the residents) are permitted by Zoning By-law Amendment,

or specifically identified as a permitted use in specific zone categories.

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4.5 Does the Proposed On-farm Diversified Use Impact Agriculture

The harvesting and processing of wood and the processing of animal and crop wastes for

fertilizer are common practice in agricultural areas, compatible with agricultural

operations and does not conflict with, hinder or limit agricultural operations. Since the

buildings are existing structures, their use for storage will not result in the loss of any

prime agricultural areas. The proposed on-farm diversified use would not have any

negative impact on agriculture.

Since there are no significant natural heritage features on the area subject of the

proposal’s operation, the proposed on-farm diversified use would not have any significant

negative impact on the natural environment and the existing solid concrete floors in the

barns would minimize the potential of any significant contaminant escaping into the

environment.

4.6 How Is the Proposed On-farm Diversified Use Compatible with

Existing Uses in the Area?

The harvesting and processing of wood and the processing of animal and crop wastes for

fertilizer are common practice, compatible with agricultural operations, and does not

conflict with, hinder or limit agricultural operations. The uses in the area are agricultural

and non-farm residential uses. These uses are compatible with each other. The arborist

consulting office / administrative activities will all take place indoors and will not be

visible to the surrounding uses.

4.7 Zoning Implications

The current Zoning By-law, in Section 3.52a defines “Home Industry” as a gainful

occupation . . . conducted in whole or in part in an accessory building to a single

family detached dwelling by the residents, provided that:

there is no external advertising other than a sign erected in accordance with any By-

laws of the Corporation regulating signs;

there is no outside storage of goods, materials or equipment unless fully enclosed by a

fence or other enclosure which provides visual screening;

such home industry is not an obnoxious trade, business or manufacture;

such home industry is clearly secondary to the main residential use and does not

change the residential character of the dwelling;

not more than 2 persons, other than the owner, are employed therein on a full-time

basis; and,

such home industry satisfies all requirements of the Ontario Building Code and all

applicable By-laws and Regulations.

the lot shall be an existing lot with not less than 24 metres of frontage and 60 metres

of depth and a total area of not less than 1,850 square metres. (By-law 2006-135)

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5. Summary of Planning Policy Analysis

The RP designated several environmental significant features in the area but provides

for development on adjacent lands if it has been demonstrated that, over the long term,

there will be no significant negative impact on the Core Natural Heritage System

component or adjacent lands.

A goal of the Township OP is to provide for sustained farming and related activities

through the protection of prime agricultural lands and by preventing incompatible land

uses,

It is a policy of the OP that the predominant use of land designated Agricultural shall

be agricultural uses and that other uses shall be compatible with and subordinate to

agricultural uses include [among other things] home industries by zoning by-law

amendment.

It is also a policy that the OP must protect agricultural lands for present and future

agricultural uses and must minimize the impact of non-farm uses on agriculture.

A policy of the OP provides guidance specifically with respect to small-scale farm related

industrial uses. It states that uses which do not require close proximity to farm operations

should be located in appropriately designated industrial areas elsewhere in the

municipality.

Farm diversification activities (on-farm diversified uses) are recognized and may be

permitted. The Zoning By-law may permit such farm diversification (on-farm

diversified uses) activities as secondary uses that are small scale and compatible with

the principal agricultural operation on the property and surrounding agricultural

lands.

The OP’s direction on home industries permitted by Zoning By-law Amendment is

that they shall be clearly secondary and subordinate to the principal use of the

property. These secondary uses shall not compromise the integrity of the principal

agricultural operations where applicable. Further with regard to home industries, the OP

directs home industries may be permitted in the Agricultural designation provided

that:

The use is small in scale and remains secondary to the principal use of the property,

All of the property remains designated and zoned agricultural,

New uses are compatible with and do not hinder surrounding agricultural uses,

The use complies with other policies in the Plan, and

No future severance is permitted in the Agricultural Area.

The current Zoning By-law, in Section 3.52a defines “Home Industry” as a gainful

occupation . . . conducted in whole or in part in an accessory building to a single

family detached dwelling by the residents, provided that:

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There is no external advertising other than a sign erected in accordance with any By-

laws of the Corporation regulating signs;

There is no outside storage of goods, materials or equipment unless fully enclosed

by a fence or other enclosure which provides visual screening;

Such home industry is not an obnoxious trade, business or manufacture;

Such home industry is clearly secondary to the main residential use and does not

change the residential character of the dwelling;

Not more than 2 persons, other than the owner, are employed therein on a full-

time basis; and,

Such home industry satisfies all requirements of the Ontario Building Code and all

applicable By-laws and Regulations.

The lot shall be an existing lot with not less than 24 metres of frontage and 60 metres

of depth and a total area of not less than 1,850 square metres. (By-law 2006-135)

6. Impact Analysis and Opinion

6.1 Is the Proposed On-farm Diversified Use More Appropriately Located in a

nearby Urban, Hamlet or Rural Area?

While physically suitable space may be available in one of the hamlets or

Smithville, it would be unreasonable to require the accessory office /

administrative function space to be separated from the permitted on-site

operations of the arborist consulting agro-forestry on-farm diversified use.

6.2 Is the On-farm Diversified Use required on or In Close Proximity to the

Agricultural Operation for It to Support and Complement the Agricultural

Activity?

As with all other small businesses the office / administrative function is an

intricate part of the agro-forestry on-farm diversified use business operation and

required to be in close proximity to it.

6.3 What Is the Extent to Which the On-farm Diversified Use Is Compatible with

the Existing Farming Operation and Surrounding Farming Operations?

Given the office / administrative function accessory use has no negative impacts

on the existing and surrounding farming operation it is compatible with them.

6.4 Is the Scale of the On-farm Diversified Use Appropriate to the Site and the

Farming Operation?

Based on the fact that the majority of the 32 hectares (79 acres) of the total land

area owned by the applicant is used for agriculture then, the 5050 square metres

(54,350 square feet) proposed to be used for the on-farm diversified use home

industry office / administrative function and the on-site arborist consulting

operation is a small scale accessory secondary to that principal use.

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The on-site arborist consulting operation (taking ground chips and windrowing it

for storage until it begins to break down then using it on the nursery and in “teas”

for soils) employs two full time staff, including the owner / manager, and two part

time sales staff, who primarily work off-site, in the office / administration

operation, one part time farm-help on site and five to ten arborist consulting staff

off-site depending on the season.

The scale of the activity is not unusual for a farming operation in the West

Lincoln or the Niagara peninsula. Chicken farms will generally have two

employees in addition to the farmer and large chicken operations may have more

than 20. A custom crop farmer could have up to 20 employees, three trucks, two

combines, seeders, drills, tractors and, if they had bins for storage, there would be

tractor trailer trucks in and out regularly. Vineyards and greenhouses are among

the largest source of employment in the Niagara Peninsula.

6.5 Is the On-farm Diversified Use Consistent With and Does It Maintain the

Character of the Agricultural Area?

The office / administrative function will only take place in an existing building on

the site that will be converted to that purpose. Due to its small scale it maintains

the character of the agricultural area.

6.6 Does the On-farm Diversified Use Generate Potentially Conflicting Off-Site

Impacts?

6.6.1 Traffic Impact?

The trips generated by the proposed on-farm diversified use are estimated to be

between 8 and 10 per day. A site inspection did not indicate any site line issues in

relation to access to the proposed use. It is my opinion that there are no traffic

related concerns with regard to the proposed use.

6.6.2 Visual Impact?

All arborist consulting office / administrative function activities will be indoors or

off-site and any signs will be subject to municipal regulations. There are no visual

impact related concerns with regard to the proposed on-farm diversified use.

6.6.3 Property Value Impact?

Impact on property values is not a land use planning issue.

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6.6.4 Noise or Dust Impact?

The arborist consulting office / administrative function will take place inside an

existing building and the tree pruning, hazardous limb and tree removal will take

place off-site, and therefore, is not likely to generate any noise emissions not

common in an agricultural area. There are no noise or dust related concerns with

regard to the proposed on-farm diversified use.

6.6.5 Environmental Impact?

The RP and the OP designate several environmental significant features in the

area but provide for development on adjacent lands but no new development is

proposed.

6.7 Is the On-Farm Diversified Use Limited To Low Water and Low Effluent

Producing Uses, and Is the Site Capable of Accommodating the Use On

Private Water and Private Sewage Treatment Systems?

The on-farm diversified use office / administrative function and existing

residential uses require only limited water and are low effluent producing uses.

The site has accommodated agricultural and residential uses in the past with no

negative impacts.

6.8 Does the On-farm Diversified Use Require Significant Improvements to

Utilities or Infrastructure Such as Roads or Hydro Services?

No significant improvements to utilities or infrastructure such as road or electrical

power services is required.

6.9 Does the On-farm Diversified Use Comply with All Other Provisions of the

Regional Policy Plan?

The proposed on-farm diversified use complies with all agricultural and

environmental provision of the Regional and Township policy plans.

6.10 Is The On-Farm Diversified Use Agriculturally Related?

The on-farm diversified use silviculture agro forestry and office / administrative

functions are directly related to the agricultural use of the property.

6.11 Is The On-Farm Diversified Use Related To Surrounding Farm Operations?

The arborist consulting operation is related to surrounding farm operations with

respect to tree pruning, hazardous limb and tree removal.

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6.12 Is The On-Farm Diversified Use Required In A Location In Close Proximity

To The Farm Operation?

As with all other small businesses, the office / administrative function is an

intricate part of the total business operation and required to be in close proximity

to the on-farm diversified use silviculture agro-forestry operation.

6.13 Does the On-farm Diversified Use Have Minimal Impact On, Not Interfere

With and Is It Compatible with the Surrounding Agricultural and Rural

Land Uses?

The proposal is to use the land for agriculture with an on-farm diversified use

home industry arborist consulting operation office / administrative use in a

refurbished existing building. Agriculture uses are mutually compatible. The

existing rural residential uses have existed compatibly with the surrounding

agricultural uses for some time and the on-site spreading, wind rowing and drying

of the arborist consulting wood chip products will be separated from the nearby

residential uses by putting them on the most easterly side of the property. The

office / administrative function will be in an existing refurbished building and is

compatible and will not interfere with the adjacent resident uses due to its small

scale.

6.14 Are There Suitable Lands Available In Nearby Hamlet Areas To

Accommodate the Proposed On-Farm Diversified Use?

As with all other small businesses the Office / administrative accessory use is an

intricate part of the on-farm diversified use operation and required to be in close

proximity to the on-farm diversified use operation.

6.15 Do All Buildings Associated With the Proposed On-Farm Diversified Use

Occupy Less Than 5 Percent Of The Lot Area?

Yes.

7. RECOMMENDATION

The proposed on-farm diversified use of the land by Certain Things Holding Ltd. at 7838

Twenty Road for, Arborwood Tree Services Inc., a fully sustainable agricultural company

providing vegetation management and natural by-products for, among other things: a

tree nursery and sales; a worm farm; a mushroom farm; specialty soils, mulch and

firewood sales, and arborist consulting conforms to the policies of the PPS, draft PPS,

RPP, OP and the OMAFRA Draft Guidelines. There are no environmental, traffic, visual

impact or noise related concerns with regard to the proposed use.

The proposed use complies with all applicable planning policies and with the provision of

the Draft Township of West Lincoln Zoning By-law.

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Council should direct staff to prepare a Zoning By-law Amendment for consideration that

rezones the area of the applicant’s property illustrated in Figure 1, Area Subject to the

Zoning By-law Amendment Application, to a special Agricultural 2 (A2) Zone; and

limits the use for silviculture / agro-forestry on-farm diversified use processing specialty

soils and mulch and arborist consulting in an approximately 60 square metre (650 square

feet) office space in an existing building employing the following:

The owner / manager and one full-time administrative person;

Two in part-time sales positions primarily working off-site and only returning to the

office for sales contacts follow-up and paperwork;

Ten staff in the field; and

One on-site farm help.

Steven Rivers, MCIP, RPP

189 Clare Avenue

Port Colborne, Ontario L3K 5Y1

Phone: 905-834-7496

Email: steven.p.rivers@gmail.com

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Annex 1 – Survey

30

Annex 2 – Detailed Planning Review

1 Provincial Policy Statement

The Provincial Policy Statement, 2014 (PPS) came into effect April 30, 2014 and applies

to this application. It includes the following definitions:

Agricultural uses: means the growing of crops, including nursery, . . . agro-forestry; . .

. and associated on-farm buildings and structures, including, but not limited to . . .

value-retaining facilities, and accommodation for full-time farm labour when the size and

nature of the operation requires additional employment.

Agriculture-related uses: means those farm-related commercial and farm-related

industrial uses that are directly related to farm operations in the area, support

agriculture, benefit from being in close proximity to farm operations, and provide direct

products and / or services to farm operations as a primary activity.

Development: means the creation of a new lot, a change in land use, or the construction

of buildings and structures requiring approval under the Planning Act, . . ..

Natural heritage system: means a system made up of natural heritage features and

areas . . . which are defined as features and areas, including . . . significant woodlands

. . . significant wildlife habitat . . . which are important for their environmental and social

values as a legacy of the natural landscapes of an area.

Normal farm practices: means a practice, as defined in the Farming and Food

Production Protection Act, 1998, that is conducted in a manner consistent with proper

and acceptable customs and standards as established and followed by similar

agricultural operations under similar circumstances . . . . Normal farm practices shall

be consistent with the Nutrient Management.

On-farm diversified uses: means uses that are secondary to the principal agricultural

use of the property, and are limited in area. On-farm diversified uses include, but are

not limited to, home occupations, home industries, agri-tourism uses, and uses that

produce value-added agricultural products.

For reference purposes The Farming and Food Production Protection Act defines an

agricultural operation as an . . . silvicultural (siliculture is define in the dictionary as

the practice of controlling the establishment, growth, composition, health, and

quality of forests to meet diverse needs and values) operation that is carried on in the

expectation of gain or reward;

31

Section 1(2)(c), (h), (i) and (j) of The Farming and Food Production Protection Act states

that “for the purpose of the definition of “agricultural operation”, “agricultural,

aquacultural, horticultural or silvicultural operation” shall be construed to include, . . .

the production of agricultural crops, . . . mushrooms, nursery stock, . . . tree and

turf grass, the storage, handling or use of organic wastes for farm purposes; the

processing by a farmer of the products produced primarily from the farmer’s

agricultural operation; and activities that are a necessary but ancillary part of an

agricultural operation such as the movement of transport vehicles for the purposes

of the agricultural operation; . . . .

Section1. of the Forestry Act defines forestry purposes as “the production of wood and

wood products, provision of proper environmental conditions for wild life, protection

against floods and erosion, recreation, and protection and production of water supplies;”

and good forestry practices as the proper implementation of harvest, renewal and

maintenance activities known to be appropriate for the forest and environmental

conditions under which they are being applied and that minimize detriments to forest

values including significant ecosystems, important fish and wildlife habitat, soil and

water quality and quantity, forest productivity and health and the aesthetics and

recreational opportunities of the landscape;“

Section 1.1.4.1i) with respect to Building Strong Healthy Communities, Managing and

Directing Land Use to Achieve Efficient and Resilient Development and Land Use

Patterns in Rural Areas in Municipalities states “healthy, integrated and viable rural

areas should be supported by . . . providing opportunities for economic activities in

prime agricultural areas, in accordance with policy 2.3.

Section 2.1.1 with respect to Wise Use and Management of Resources, Natural Heritage

states “natural features and areas shall be protected for the long term.” Section 2.1.2

states “the diversity and connectivity of natural features in an area, and the long-

term ecological function and biodiversity of natural heritage systems, should be

maintained, restored or, where possible, improved, recognizing linkages between and

among natural heritage features and areas, surface water features and ground water

features.”

Section 2.1.9 states “nothing in policy 2.1 is intended to limit the ability of

agricultural uses to continue.”

Section 2.3.3.1 with respect to Agriculture states that Prime agricultural areas shall be

protected for long-term use for agriculture and that with respect to Permitted Uses – “in

prime agricultural areas, permitted uses and activities are: agricultural uses,

agriculture-related uses and on-farm diversified uses.” It further states “proposed

agriculture-related uses and on-farm diversified uses shall be compatible with, and shall

not hinder, surrounding agricultural operations. Criteria for these uses may be based on

guidelines developed by the Province or municipal approaches, as set out in municipal

planning documents, which achieve the same objectives.”

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Section 2.3.3.2 states that “in prime agricultural areas, all types, sizes and intensities of

agricultural uses and normal farm practices shall be promoted and protected in

accordance with provincial standards.”

Section 2.3.3.3 states that “new land uses, including the creation of lots, and new or

expanding livestock facilities shall comply with the minimum distance separation

formulae.”

2 Greenbelt Plan

As illustrated on Figure 1, Greenbelt Plan Excerpt, the property is not subject of the

policies of that Plan.

3 Provincial Growth Plan

The Growth Plan for the Greater Golden Horseshoe (GPGGH), released on June 16,

2006, is a 25-year plan to [among other things] protect farmland and green spaces. The

Plan does not replace municipal official plans, but works within the existing planning

framework to provide growth management policy direction for the Greater Golden

Horseshoe.

The GPGGH, which is applicable to the property, defines Prime Agricultural Areas as

areas where prime agricultural lands predominate.

The PPS defines development as “. . . a change in land use . . . requiring approval

under the Planning Act . . .” and states its policies may be complemented by . . . locally-

generated policies regarding matters of municipal interest.

Provincial plans and municipal official plans provide a framework for comprehensive,

integrated and long-term planning that supports and integrates the principles of strong

communities, a clean and healthy environment and economic growth, for the long term.

Places to Grow (P2G) is the Ontario government's initiative to plan for growth and

development in Ontario in a way that supports economic prosperity, protects the

environment and helps communities achieve a high quality of life. Through P2G,

regional growth plans are developed to guide government investments.

Section 2.2, Policies for Where and How to Grow, Subsection 2.2.2, Managing Growth,

states, in Section 2.2.2.1, that “Population and employment growth will be

accommodated by directing development to settlement areas, except where necessary for

development related to the management or use of resources, resource-based recreational

activities, and rural land uses that cannot be located in settlement areas”.

33

Figure 1: Greenbelt Plan Excerpt

34

With regard to Prime Agricultural Areas, Section 4.2.2.1 states “Through sub-area

assessment, the Minister of Public Infrastructure Renewal and other Ministers of the

Crown, in consultation with municipalities and other stakeholders, will identify prime

agricultural areas, including specialty crop areas, in the GGH, and where appropriate,

develop additional policies for their protection”.

4 Draft Guidelines on Permitted Uses in Ontario’s Prime

Agricultural Areas

This Guidelines document is provided for public input and discussion purposes only. It is

not the final approved Guidelines on Permitted Uses in Ontario’s Prime Agricultural

Area. These draft Guidelines may be updated or amended without further notice.

The purpose of the Guidelines is to help municipalities, decision-makers, farmers and

others interpret the policies in the Provincial Policy Statement, 2014 (PPS) on the uses

that are permitted in prime agricultural areas. It comprises the provincial guidelines

referred to in Policy 2.3.3.1 of the PPS. It provides guidance on among other things

agricultural, on-farm diversified and agriculture related uses described in Policy 2.3.3 of

the PPS.

The criteria for the uses permitted in prime agricultural areas are derived from PPS

policies and definitions and revolve around two key objectives:

maintaining the land base for agriculture; and

supporting a thriving agricultural industry and rural economy.

Since these objectives may at times compete the Guidelines are intended to help decision-

makers balance the objectives.

Section 2.0 of the Draft Guidelines states the PPS definition of agricultural uses is very

broad, with a range of examples provided. To qualify as an agricultural use, crops must

produce a harvestable product such as [among others]: . . . biomass, . . . firewood . . .

agro-forestry . . . . Agricultural uses also includes associated on-farm buildings and

structures, including but not limited to . . . . value-retaining facilities.

Section 2.1.1.2 of the Draft Guidelines states “Value-retaining facilities located on farms

serve to maintain the quality of raw commodities produced on the farm (i.e. prevent

spoilage) to ensure they remain saleable. . . . Value-added facilities differ from value-

retaining facilities. Value-added facilities transform raw commodities into new forms that

enhance their value, such as pressing apples and bottling cider, making wine, milling

grain, processing cherries, and preserving and roasting grain for livestock feed.” [The

specialty soils and mulch processing operation which obtains it raw material from the

arborist operation could be considered a value-added facility.] Value-added facilities that

do not meet the PPS definition of agricultural uses may meet the PPS definition for

agriculture-related uses or on-farm diversified uses, depending on the nature of the

operations and if they are located on a farm.”

35

Section 2.1.3 provides examples of uses that would NOT be agricultural uses including

grain dryers . . . serving several producers / customers [similar to the specialty soils and

mulch processing operation which obtains its raw material from several sources].

However, it goes on to state: “While not meeting the criteria for agricultural uses, some

of these uses may fit under agriculture-related uses or on-farm diversified uses.” [The

mushroom farm and the nursery are obviously agricultural uses given the examples in

Figure 1 in Section 2.1.3.]

Section 2.2 states “As described in the PPS definition, agriculture-related uses are farm-

related commercial and industrial uses that add to the vitality and economic viability of

prime agricultural areas because they service the local agricultural community.” Section

2.2.3.3 states “Agriculture-related uses must relate directly to farms in the area, providing

services to a large extent by the local agricultural industry. For example, a winery using

grapes grown in the area could be an agriculture-related use . . . A cane sugar refinery, for

example, could not . . . . [The key here is that the agriculture-related use must be directly

related to and in close proximity to farm operations in the area. In the case of the

specialty soils and mulch processing operation the raw materials do not all come from the

immediate area.] Again, Section 2.2.3 points out that: “While not meeting the criteria for

agriculture-related uses, some of these uses may fit under on-farm diversified uses.”

Section 2.3, On-Farm Diversified Uses, states “As described in the PPS definition, a wide

variety of uses fit under on-farm diversified uses as long as they meet the criteria . . . .

On-farm diversified uses should be related to agriculture, supportive of agriculture or

able to co-exist with agriculture without conflict.” When discussing the criteria to be met

to qualify as an on-farm diversified use the Draft Guidelines list: location on the farm:

secondary to the principle agricultural use; limited in area; home occupation and home

industries; and compatibility.

Located on the farm

The Draft Guidelines say “On-farm diversified uses must be located on a property that is

actively farmed. The planning authority may require evidence that the property is actually

farmed, requiring proof that the property qualifies for the Farm Property Class under the

Assessment Act.”

Secondary to the principal agricultural use of the property

The Draft Guidelines say: “An on-farm diversified use must be less significant than the

agricultural use on the property in spatial or temporal terms. Area limits to demonstrate

that the use is secondary in spatial terms are addressed under the “limited in area”

criterion below.

36

Limited in area

The “limited in area” requirement should be based on the total land area that is

unavailable for agricultural production as a result of the on-farm diversified use, (i.e. the

footprint occupied by the use, expressed as a percentage of lot coverage). The area

calculation should account for all aspects related to an on-farm diversified use such as

buildings, outdoor storage, landscaped areas, berms, parking and new access roads.

Lot coverage ratio should be based on the size of the individual parcel of land where the

use is located. . . . Where available, uses should be located within existing buildings or

structures no longer needed to support agricultural production. . . . It is therefore

recommended that for “limited in area” calculations, the area of existing buildings used

for on-farm diversified uses be discounted at an appropriate rate (e.g. 50 per cent). . . .

The Draft Guidelines recommend that the standard for the acceptable area occupied

by an on-farm diversified use is up to two per cent of a farm parcel to a maximum of

one ha (10,000 m2).

Compatible with, and shall not hinder, surrounding agricultural operations

. . . The discussion of this policy [is] under agriculture-related uses (Section 2.2 of the

Draft Guidelines) as it applies equally to on-farm diversified uses. Section 2.2 of the

Draft Guidelines states “To be compatible with and not hinder surrounding agricultural

operations, agriculture-related uses should meet all of the following:

Ensure surrounding agricultural operations are able to pursue their agricultural

practices without impairment or inconvenience;

Uses should be appropriate to available rural services, i.e. uses that do not require the

level of road access, water and wastewater servicing and utilities typically found in

settlement areas;

Maintain the agricultural/rural character of the area; and

Meet all applicable provincial air emission, noise, water and wastewater standards

and receive all relevant environmental approvals.

Section 2.3.2 provides examples of on-farm diversified uses that include: Value-added

uses (e.g. processor, packager, winery, cheese factory, bakery, abattoir), home

occupations (e.g. professional office, bookkeeper, land surveyor, art studio, hairdresser,

massage therapist, daycare, veterinary clinic, kennel, classes or workshops), home

industries (e.g. sawmill, welding or woodworking shop, manufacturing / fabrication,

equipment repair, seasonal storage of boats or trailers, biomass pelletizer), . . . [There is

no stipulation that the raw material for the on-farm diversified use must be directly

related to and in close proximity to farm operations in the area.].

5 Region of Niagara Policy Plan

As illustrated on Figure 2, Regional Policy Plan Agricultural Land Base Map Excerpt, the

Niagara Regional Policy Plan (RPP) designates the property Good General Agricultural

Areas.

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The RPP defines “Agricultural Areas" as those areas outside of the Urban Areas

Boundaries suitable for agriculture and approximately shown on the Agricultural Land

Base Map contained in this Policy Plan as Good Tender Fruit, Good Grape or Good

General Agriculture.

The RPP defines “Agricultural Uses” as the growing of crops, including nursery and

horticultural crops; . . . agro-forestry, . . and associated on-farm buildings and

structures, including accommodation for full-time farm labour when the size and nature

of the operation requires additional employment. Agricultural uses include value

retention uses required to make a commodity saleable (i.e. Corn dryer, washing, sorting,

packing, and packaging).

The RPP defines “Agricultural-related Uses” as those farm-related commercial and

farm-related industrial uses that are small-scale and directly related to the farm

operation and are required in close proximity to the farm operation.

The RPP defines “Farm Diversification” as a range of uses that are designed to

expand the range of economic opportunities available to farmers and is a generic

reference to value-added, agriculturally related and secondary agricultural uses that

may not be directly related to the agricultural activity conducted on the farm

property.

The RPP defines “Value-added Uses” as uses that generally occur on-farm which add

value to agricultural products and their sale and distribution and are intended to

promote and sustain the viability of farming operations. Such uses are generally

considered agriculture-related uses, and are required to be small scale and related to the

farm activity. Value-added Uses may be grouped into three major components: Support

Uses, Production Uses and Marketing Uses:

Production Uses: mean value-added farm related uses that include processing of

agricultural products (including wineries, canneries, bakeries, cheese factories and

similar uses); and distribution and warehousing of agricultural products.

Marketing Uses: mean value-added farm related uses that include a variety of

methods of increasing the sales of raw or finished farm products. Such uses may

include road side produce stands and other retail facilities for the sale of products,

pick your own facilities, agri-tourism uses (such as farm mazes, special events

facilities (e.g. farm weddings) and educational facilities) and “experiential uses”

(such as “working farm vacations” or culinary schools).

Support Uses: means uses that support day to day farm operation and may include

machinery repairs, seed suppliers, and other uses not more appropriately

accommodated in settlement areas. Support uses are intended to primarily serve the

farm operation and surrounding local farm operations and are intended to remain

secondary to the principal farm operation.

38

Figure 2: Regional Policy Plan Agricultural Land Base Map

Excerpt

39

The RPP defines “Value Retention Uses” as uses occurring on-farm that are

considered integral to an agricultural operation and integral to retaining the value

of raw agricultural products. They are divided into uses that support agricultural

production including research and maintenance and management of equipment, and uses

required to get raw agricultural produce ready for market including washing,

sorting, drying, packing, packaging and similar uses.

The preamble to Chapter 5, Agricultural and Rural Areas of the RPP states agricultural

uses may continue in the Rural, Village and Hamlet Areas. However, some

opportunities for development, including residential, commercial, industrial, and

recreation uses compatible with the rural environment also are provided.

Objective 5.A.1, in the Objectives for Agricultural and Rural Areas, is “to preserve

Niagara's agricultural lands. . . . . Good general agricultural lands have the second

highest priority for protection. Objective 5.A.4 is to provide for a limited amount of non-

farm development in designated Hamlets, Villages and Rural Areas and Objective 5.A.5

is to provide an efficient and orderly pattern of land uses in the Agricultural and

Rural Areas, [which among other things] lessens land use conflicts . . ..

Policy 5.B.6, states “in . . . Good General Agricultural Areas, the predominant use of land

will be for agriculture of all types, . . .. Compatible uses such as forestry and

conservation of plant[s] . . . are also permitted.

Policy 5.B.17 states “farm diversification uses are recognized and may be permitted . .

.. Policy 5.B.18 goes on to state “farm diversification refers to those agricultural

related value-added . . . uses that complement farming activities and provide for

increasing the economic value and consumer appeal of an agricultural product or

use. Farm diversification uses shall complement the principal agricultural uses on the

property and in the surrounding area, and shall contribute to the sustainability and

viability of the farming operation.”

Policy 5.B.19 states “farm diversification uses shall be consistent with the applicable

provisions of the Provincial Policy Statement (2005. . . . .”

Policy 5.B.20 states that “local municipalities through their Official Plans and Zoning

By-laws should define and categorize farm diversification uses and provide specific

performance criteria for various types of uses, in accordance with the provisions of the

Regional Official Plan. Local Official Plans can be more restrictive regarding their

diversification and value-added agricultural use policies and still conform to the

Regional Official Plan. Some uses may be permitted “as of right” through local

documents; other uses may be recognized through a process that involves site specific

zoning. “As of Right” uses may include such agriculture related uses that are small scale

and directly related to the farm operation, or secondary uses that are also small scale and

are compatible with the principal agricultural operation on the property and surrounding

agricultural lands. Uses that have potential to generate off site impacts will be

evaluated and assessed for compatibility with the principal agricultural operation

40

and surrounding agricultural lands through a rezoning process that will also impose

controls to mitigate the impacts. Larger scale agriculture related uses or secondary

uses may require site specific zoning amendment, where their impact is evaluated

and determined to be compatible with the principal agricultural operation and

surrounding agricultural lands.”

Policy 5.B.21 provides following criteria to identify whether or not diversification

activities should be permitted in the Zoning By-law:

a) Whether the proposed activity is more appropriately located in a nearby

settlement area or in the Rural Area;

b) Whether the use is required on or in close proximity to the agricultural

operation for it to support and complement the agricultural activity;

c) The extent to which the use is compatible with the existing farming operation

and surrounding farming operations;

d) Whether the scale of the activity is appropriate to the site and the farming

operation;

e) Whether the use is consistent with and maintains the character of the

agricultural area;

f) The use does not generate potentially conflicting off-site impacts;

g) The use is limited to low water and low effluent producing uses, and the site is

capable of accommodating the use on private water and private sewage

treatment systems;

h) The use does not require significant improvements to utilities or

infrastructure such as roads or hydro services;

i) The use complies with all other applicable provisions of the Regional Official

Plan.”

Policy 5.B.22 states the with respect to farm diversification “uses are small scale in

relation to the principal farming operation. Preference is given to defining scale on the

basis of size of the facilities and relationship to other uses rather than less

enforceable criteria such as number of employees or value of product purchased. The

appropriate scale for diversification uses may vary depending on the type of use and

whether the activities are located in the Specialty Crop Areas (Tender Fruit or Grape

Areas) or in the other Prime Agricultural Areas (Good General Agricultural Areas).”

Policy 5.B.23 states “Value-added Production uses are intended to primarily serve the

farm operation and surrounding local operations, and remain secondary to the principal

farming operation in relation to the scale of the operation, its footprint and the product

being manipulated. Such uses may be recognized “as of right” in local zoning by-laws.

However, it is recognized that in order to extend the operating season of such uses, some

product may be obtained from surrounding local farm operations or from other

parts of Ontario provided the majority of product is from the farm or from surrounding

local operations, particularly in the “off seasons” to allow the efficient operation of the

processing uses and contribute to the ongoing viability of the farm. Such facilities may

require a site specific zoning amendment prior to expanding the operation to

include product from other parts of Ontario.”

41

Policy 5.B.29 states “the local municipality may limit the number of farm

diversification uses permitted in association with the farm operation.

Policy 5.B.30 states “local municipalities shall utilize site plan control to regulate the

impact of farm diversification uses, in relation to entrances, parking and loading

facilities, signage, grading and storm water drainage, buffering and landscaping and

landscape protection.

Policy 5.B.31 states “local municipalities, through their official plans, may provide for

the implementation of farm diversification uses through the establishment of a

development permit system, based on the degree of compatibility of specific uses in

relation to the principal agricultural operation.”

Policy 5.B.32 states ”lot creation to accommodate farm diversification uses is not

permitted.”

Policy 5.B.34 states “the scale of value-added and diversification uses will vary

depending on the scale and use of the principal farming activity. As such, local

official plans will provide specific policy guidance geared to the characteristics of the

specialty crop areas and good general agricultural uses generally located south of the

Niagara Escarpment and Rural areas.”

The following two policies came into force or effect when the Provincial Policy

Statement was amended by the Province to permit the uses provided for.

Policy 5.B.35 states that “uses that are not directly related to agriculture may be

considered in special circumstances where the use would allow the ongoing adaptive re-

use of existing buildings or structures that are designated under the Ontario Heritage Act

as having cultural heritage significance and that would otherwise be surplus or fall into

disrepair, provided such uses are small scale, would not expand outside of the existing

structure or building and would not change the appearance of the farming operation, and

their impacts (such as noise, odour, traffic and servicing) on surrounding land uses is

minimal and will not hinder surrounding agricultural uses. Such uses may only be

considered in site specific zoning amendments by the local municipality.

Policy 5.B.36 states “local Official Plans may recognize certain farm diversification

uses that include agriculturally related commercial and industrial uses on existing

undersized lots provided:

a) The uses are agriculturally related uses, are related to surrounding farm

operations and require a location in close proximity to the farm operation;

b) The scale of the operation is limited and appropriate to the site and the

surrounding area;

c) The agricultural character of the area continues to dominate; It has been

demonstrated to the satisfaction of the Region and the local municipality that the

proposed use is not more appropriately located on the same parcel as the farm

operation, or in a designated settlement area;

42

d) The use has minimal impact on, does not interfere with and is compatible with

the surrounding agricultural and rural land uses;

e) The use is limited to low water and low effluent producing uses and the site is

capable of accommodating the use on private water and private sewage treatment

systems;

f) A residential use is not permitted;

g) The use complies with all other applicable provisions of the Regional Official

Plan;

h) The use would be subject to a site specific zoning amendment and be limited

to the specific use applied for.

i) In Specialty Crop Areas additional limitations will be required. For greater clarity,

in specialty crop areas, because of existing farm lot patterns, the more intensive

nature of specialty crop farming, and the significance of this agricultural land

base, a more careful application of this policy is required.

j) Such uses may include production activities and marketing activities.

k) Where such uses are proposed, they are directed to existing commercial or

industrial or other non-agriculturally zoned parcels

Local municipalities are expected to incorporate more detailed policies in their Official

Plans and Zoning By-laws to regulate secondary uses (i.e., lot size, lot coverage,

setbacks, and the need for site plan control) so that any negative effects on agriculture are

minimized.

As illustrated on Figure 3, Regional Municipality of Niagara Core Natural Areas Map

Excerpt, the Niagara Regional Policy Plan (RPP) has designated several environmental

significant features in the area including: Environmental Conservation Areas,

Potential Natural Heritage Corridor and Fish Habit. Policy 7.B.1.4 states

“Environmental Conservation Areas include significant woodlands; significant wildlife

habitat; significant habitat of species of concern; regionally significant Life Science

ANSIs; other evaluated wetlands; significant valleylands; savannahs and tallgrass

prairies; and alvars; and publicly owned conservation lands.”

Policy 7.B.1.11b) states development and site alteration may be permitted without an

amendment to this Plan . . . on adjacent lands to . . . Environmental Conservation

Areas as set out in Table 7-1 . . . if it has been demonstrated that, over the long term,

there will be no significant negative impact on the Core Natural Heritage System

component or adjacent lands and the proposed development or site alteration is not

prohibited by other Policies in this Plan.

Policy 7.B.1.13 states “where development or site alteration is proposed in or near a

Potential Natural Heritage Corridor the Corridor shall be considered in the

development review process. Development should be located, designed and constructed

to maintain and, where possible, enhance the ecological functions of the Corridor in

linking Core Natural Areas or an alternative corridor should be developed.”

43

Policy 7.B.1.15 states that “within Fish Habitat as identified on Schedule C, or adjacent

lands as specified in Table 7-1, development and site alteration may be permitted

[and] . . . that “Agricultural cultivation does not require planning approval and is not

subject to these requirements.”

6 Township of West Lincoln Official Plan

As illustrated on Figure 4, Township of West Lincoln Official Plan Schedule B-2, Land

Use, Caistor Excerpt, the property is designated Good General Agricultural and

Natural Heritage System.

As illustrated on Schedule C-3, the Township of West Lincoln Natural Heritage System

Environmental Conservation Area Excerpt, there are Significant Woodlands, Fish

Habitat and Valley Shorelines designations on the property.

Section 2.4, Goals of the Plan, states that [among other things] goals of the Plan are to:

To provide an environment for sustainable agriculture and related activities through

the protection of prime agricultural lands and by preventing incompatible land uses,

and

recognize the mixed use landscape of agricultural areas and to encourage additional

nonfarm uses to locate within the existing settlement areas.

Section 18.2), Definitions, states ”agricultural use" means the growing of crops,

including nursery, greenhouse and horticultural crops; . . . and associated on-farm

buildings and structures including accommodation for full-time farm labour when the

size and nature of the operation requires additional employment;”

Section 18. 9) states “development” means the creation of a new lot, a change in land use,

or the construction of a building or structure, requiring approval under the Planning Act.”

Section 3.4, Land Use, outlines the variety of land uses in the Township including

Agricultural. It states the Township of West Lincoln is predominantly a rural

municipality within the Regional Municipality of Niagara. The essence of the rural area

includes farm land supporting agricultural and related uses, natural features,

including forests, streams and wetlands, and existing residential uses. The Plan supports

the health of the agricultural industry, and the economic growth of the Township.

Non-agricultural uses are encouraged to locate within existing settlements.

The Preamble to Section 4, Agricultural Land Use Policies, states, in part, that “the

Agricultural Lands shall be protected in accordance with their level of agricultural

viability with the Unique Agricultural Lands receiving the highest level of protection and

the Rural Lands receiving the lowest level of protection.”

44

Table 7-1: Core Natural Heritage System Components:

Adjacent Lands

Core Natural Heritage System

Component

Adjacent Lands

Where an EIS Shall Be Required for

Development Applications

Environmental Protection Area

Provincially Significant Life Science Area

of Natural and Scientific Interest

Provincially Significant Wetland

Habitat of Threatened and Endangered

Species

All lands within 50 metres.

All lands within 120 metres.

All lands within 50 metres.

Environmental Conservation Area All lands within 50 metres.

Fish Habitat All lands within 30 metres of the top of

bank.

Where a component of the Core Natural Heritage System lies within the Provincial

Greenbelt Plan Natural Heritage System adjacent lands mean all lands within 120 metres

of the natural heritage component.

Section 4.2, Objectives for all Agricultural Areas states “All Agricultural Areas shall be

subject to the following Objectives and should be read in conjunction with the Objectives

for each specific agricultural designation.

a) To promote and protect a viable agricultural industry for the production of crop

resources and livestock operations to enhance employment opportunities and

strengthen the economic wellbeing of West Lincoln.

b) Support a pattern of agricultural land holdings that increase the flexibility of

agricultural operations and avoid the fragmentation of land ownership.

c) To promote small scale secondary uses and agriculture-related uses that are

compatible with and do not hinder surrounding agricultural operations.

d) To minimize the impact of non-farm uses on the agricultural area by encouraging

incompatible uses to locate within designated settlement areas and hamlets.

e) To promote, where feasible, opportunities for agricultural related value-

added activities to support, promote, and develop the agricultural areas.

Section 4.4, Good General Agriculture Areas, states they are “comprise those lands

designated by the Township Official Plan and are accorded the second highest level of

protection and preservation. . . . Lands within the Good General Agricultural Designation

shall be used for a full range of agriculture, agriculture-related secondary uses that

can adapt to changing farming needs and practices.

45

Figure 3: Regional Municipality of Niagara Core Natural

Heritage Map Excerpt

46

Figure 4: Township of West Lincoln Official Plan Land Use

Plan Excerpt

47

Policies 4.2.1.a)i, iii, and iv, Uses permitted within all Agricultural Areas, state that “all

types of Agricultural uses, . . . including,. . . forestry . . . Agricultural-related

residential uses including help houses and uses secondary to the principal

agricultural use of the property, including, . . . home industries and uses that

provide value-added agricultural products from the farm operation on the same

property are permitted.”

Section 4.4.1, Objectives for Good General Agricultural Areas, are

a) To encourage the preservation of Good General Agricultural Lands for

agricultural purposes and to direct non-farm uses to Urban and Hamlet Areas.

b) To provide the second highest level of protection to Good General Agricultural

Lands next to the Unique Agricultural Lands, and are suitable for all types of

field crops, livestock operations, and other agricultural uses.

c) To promote the consolidation of larger agricultural holdings to strengthen the

economic strength of the agricultural land base of the Township of West Lincoln.

Policy 4.4.2e) states “Small Scale Commercial and Industrial Uses which do not require

close proximity to agricultural operations shall be located in appropriately designated

commercial or industrial areas within designated Settlement Areas. Small Scale

Commercial and Industrial Uses that are required to support the agricultural

community shall be located so that they minimize the impact on the viability of

existing and future agricultural operations. These uses shall be carefully regulated

through a Zoning By-law Amendment as to their location, size and traffic

generation in order to minimize potential disturbances and to ensure that private

sewage disposal systems can accommodate the increase sewage loading to the

satisfaction of the Township of West Lincoln.

Section 4.6.2b) states “farm diversification activities are recognized and may be

permitted in accordance with the provisions of this Section. On-farm diversification is a

potentially significant contributor to economically sustainable agriculture in the

Township of West Lincoln, contributing to more access to local food, contributing toward

the preservation of the agricultural land base and the scenic quality of the agricultural

landscape.”

Section 4.6.2c) states “Farm Diversification refers to those farm related value-added

and secondary uses that complement farming activities and provide for increasing

the economic value and consumer appeal of an agricultural product or activity.

Farm diversification activities shall complement the principal agricultural uses on the

property and in the surrounding area, and shall contribute to the sustainability and

viability of the farming operation.”

Section 4.6.2d) states “farm diversification activities shall be consistent with the

applicable provisions of the Provincial Policy Statement (2014), and conform to the

Greenbelt Plan.”

48

Section 4.6.2e) states “the Zoning By-law may permit such farm diversification

activities as agriculturally related uses that are small scale and directly related to

the farm operation, or secondary uses that are also small scale and are compatible

with the principal agricultural operation on the property and surrounding

agricultural lands.”

Section 4.6.2f) states “uses that have potential to generate off site impacts will be

evaluated and assessed for compatibility with the principal agricultural operation

and surrounding agricultural lands through a rezoning process that will also impose

controls to mitigate the impacts. Larger scale agriculture related uses or secondary uses

require site specific zoning amendment, where their impact is evaluated and determined

to be compatible with the principal agricultural operation and surrounding agricultural

lands.”

Section 4.6.2g) states “the following criteria shall be considered when identifying

whether or not diversification activities should be permitted in the Zoning By-law:

i. Whether the proposed activity is more appropriately located in a nearby urban

or hamlet area;

ii. Whether suitable lands are available in nearby Hamlet Areas to accommodate

the proposed activity;

iii. Whether the use is required on or in close proximity to the agricultural

operation for it to support and complement the agricultural activity;

iv. The extent to which the activity is compatible with the existing farming

operation and surrounding farming operations;

v. Whether the scale of the activity is appropriate for the site and the farming

operation;

vi. Whether the use is consistent with and maintains the character of the

agricultural area;

vii. The activity does not generate potentially conflicting off-site impacts;

viii. The activity is limited to low water and low effluent producing uses, and the site

is capable of accommodating the use on private water and private sewage

treatment systems;

ix. The activity does not require significant improvements to infrastructure, such

as roads; and

x. Compliance with applicable regulations.”

Section 4.6.2h) states “farm diversification activities are small scale in relation to the

principal farming operation. Preference is given to defining scale on the basis of size of

the facilities and relationship to other activities rather than less enforceable criteria

such as number of employees or value of product purchased. The appropriate scale for

diversification activities may vary depending on the type of use and whether the activities

are located in the Specialty Crop Areas (Unique Agricultural Areas) or in the other Prime

Agricultural Areas (Good General Agricultural Areas).”

49

Section 4.6.2i) states “Value-Added Production activities are intended to primarily

serve the farm operation and surrounding local operations, and remain accessory to

the principal farming operation in relation to the scale of the operation, its footprint

and the product being manipulated. Such facilities may be recognized as permitted

uses in the Zoning By-law. However, it is recognized that in order to extend the

operating season of such facilities, some product may be obtained from surrounding

farm operations or non-local product may be sourced from other parts of Ontario,

particularly in the “off seasons” to allow the efficient operation of the processing

activities and contribute to the ongoing viability of the farm. Such facilities may

require a site specific zoning amendment prior to expanding the operation to

include non-local product. Where the majority of product is local, production activities

may process product from off farm.”

Section 4.6.2j) states “Value-Added Marketing activities are intended to primarily

serve the farm operation and surrounding local operations, and shall remain

accessory to the principal farming operation, both in relation to the scale of the

operation and its footprint. The following guidelines apply to any Value-Added

Marketing activity:

i. Roadside stands and “pick your own” facilities are limited to distribution of

product produced on site, with parking areas and structures limited in area through the Zoning By-law;

ii. Agricultural retail facilities shall generally be small scale, and may be smaller in

Unique Agricultural Areas;

iii. Bed and breakfast facilities shall not exceed 3 bedrooms;

iv. Restaurant facilities shall be accessory to existing production facilities and shall

be small scale, but may be smaller in Specialty Crop Areas;

v. Any Value-Added Marketing activity shall be clearly secondary to the main

agricultural use of the property;

vi. The agricultural character of the property shall not be adversely affected by

any Value-Added Marketing activity; and

vii. Any buildings associated with the proposed activity do not occupy more than

5 percent of the lot area.”

Section 4.6.2m) states “Home Occupations and Home Industries may be permitted as

secondary uses provided they comply with the provisions of this Section.”

Section 4.6.2n) states “on-farm alternative and/or renewable energy systems are

encouraged in association with agricultural operations. For those systems not exempt

from Planning Act provisions under the Green Energy and Green Economy Act, 2009,

such systems shall be small scale.”

Section 4.6.2o) states “only three (3) farm diversification activities may be permitted

in association with the farm operation on a lot.”

50

Section 4.6.2p) states “all farm diversification activities shall be subject to Site Plan

Control to regulate the impact of farm diversification activities, in relation to entrances,

parking and loading facilities, signage, grading and storm water drainage, buffering and

landscaping and landscape protection.”

Section 4.6.2q) states “lot creation to accommodate farm diversification activities is not

permitted.”

Section 4.6.2r) states “the scale of value-added and diversification activities will vary

depending on the scale and use of the principal farming activity. The following criteria

shall be used to determine if a proposed farm diversification activity is of an

appropriate scale:

i. The proposed activity is clearly secondary to the main agricultural use of the

property;

ii. The agricultural character of the property is not adversely affected by the

proposed activity;

iii. Any buildings associated with the proposed activity do not occupy more than

5 percent of the lot area.”

As illustrated on Figure 5, Township of West Lincoln Official Plan Natural Heritage

System Plan Excerpt, there are Environmental Conservation Area, Potential

Corridor and Fish Habitat designations on or adjacent to the property. As illustrated

on Figure 6, Township of West Lincoln Official Plan Natural Heritage System

Conservation Areas Plan Excerpt, there are Significant Woodlands and Valley

Shoreline designations on or adjacent to the property.

Section 10.7.2d) states “Environmental Conservation Areas include significant

woodlands; . . .” and Section 10.7e) states “to be identified as significant a woodland an

area must meet one or more of the following criteria:

i. Contain threatened or endangered species or species of concern;

ii. In size, be equal to or greater than:

iii. 2 hectares, if located within or overlapping Urban Area Boundaries;

iv. 10 hectares, if located outside of an urban area;

v. Contain interior woodland habitat at least 100 metres in from the woodland

boundaries;

vi. Contain older growth forest and be 2 hectares or greater in area;

vii. Overlap or contain one or more of the other significant natural heritage features

listed in 10.7.2 c) or 10.7.2.d) above.

viii. Abut or be crossed by a watercourse or water body and be 2 or more hectares in

area.

51

Section 10.7.2l) states “development and site alteration may be permitted without an

amendment to this Plan:

i. In Environmental Conservation Areas; and

ii. On adjacent lands to Environmental Protection and Environmental

Conservation Areas as set out in Table 10-1 except for those lands within

vegetation protection zones associated with Environmental Protection Areas in

the Greenbelt Natural Heritage System.

If it has been demonstrated that, over the long term, there will be no significant

negative impact on the Core Natural Heritage System or adjacent lands and the proposed

development or site alteration is not prohibited by other Policies in this Plan. The

proponent shall be required to prepare an Environmental Impact Study (EIS) in

accordance with Section 10.8 of the Plan.

Where it is demonstrated that all, or a portion of, an Environmental Conservation Area

does not meet the criteria for designation under this Plan and thus the site of a proposed

development or site alteration no longer is located within the Environmental

Conservation Area or on adjacent lands then the restrictions on development and site

alteration set out in this Policy do not apply.

Policy 17.17 with regard to Home Industry states “home industries may be permitted

by Zoning By-law Amendment in the Agricultural, . . . designations provided that:

(i) The use is small in scale and remains secondary to the principal use of the

property,

(ii) . . . all of the property remains designated and zoned agricultural,

(iii) New uses are compatible with and do not hinder surrounding agricultural

uses,

(iv) The use complies with other policies in the Plan, and

(v) No future severance is permitted in the Agricultural Area.

The activities permitted in a home industry shall be established in the implementing

zoning by-law.”

7.1 Township of West Lincoln Zoning By-law (By-law

Number 79.14)

As illustrated on Figure 7, Map 1 to Schedule A of the Township of West Lincoln Zoning

By-law (By-law Number 79.14), zones the property “A2”.

In Section 9.1, Restricted Agricultural A2 Zone, Permitted Uses, the permitted uses

include:

(a) (ii) One one-family detached dwelling on one lot, and uses, buildings

and structures accessory thereto.

(b) Dwelling existing at the date of the passing of this By-law and enlargement

thereof, and uses, buildings, and structures accessory thereto.

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Table 10-1: Core Natural Heritage System Components:

Adjacent Lands

Core Natural Heritage System

Component

Adjacent Lands

Where an EIS Shall Be Required for

Development Applications

Environmental Protection Area

Provincially Significant Life Science Area

of Natural and Scientific Interest

Provincially Significant Wetland

Habitat of Threatened and Endangered

Species

All lands within 50 metres.

All lands within 120 metres.

All lands within 50 metres.

Environmental Conservation Area All lands within 50 metres.

Fish Habitat All lands within 30 metres of the top of

bank.

Where a component of the Core Natural Heritage System lies within the Provincial

Greenbelt Plan Natural Heritage System adjacent lands mean all lands within 120 metres

of the natural heritage component.

The Zoning By-law in Section 3.52a defines “Home Industry” as a gainful occupation . .

. conducted in whole or in part in an accessory building to a single family detached

dwelling by the residents, provided that:

(a) there is no external advertising other than a sign erected in accordance with

any By-laws of the Corporation regulating signs;

(b) there is no outside storage of goods, materials or equipment unless fully enclosed

by a fence or other enclosure which provides visual screening;

(c) such home industry is not an obnoxious trade, business or manufacture;

(d) such home industry is clearly secondary to the main residential use and does

not change the residential character of the dwelling;

(e) not more than 2 persons, other than the owner, are employed therein on a

full-time basis; and,

(f) such home industry satisfies all requirements of the Ontario Building Code and all

applicable By-laws and Regulations.

(g) the lot shall be an existing lot with not less than 24 metres of frontage and 60

metres of depth and a total area of not less than 1,850 square metres. (By-law

2006-135)

Section 7.38, Home Occupations, Home Industry, and Bed and Breakfast Establishments,

states . . . Home Industries . . . shall be permitted by Zoning By-law Amendment, or

specifically identified as a permitted use in specific zone categories.

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Figure 7: Zoning Map Excerpt

7.2 Township of West Lincoln Draft Zoning By-law

As illustrated on Figure 8, Proposed Zoning Map C4 Excerpt, zones the property “A”

and “EP”.

Part 1 DEFINITIONS has the following definitions:

Accessory Building or Structure means a detached building or structure, the use of which

is naturally and normally incidental to, subordinate to, or exclusively devoted to a principal

use or building on the same lot.

Accessory Use means a use naturally and normally incidental to, subordinate to or

exclusively devoted to a principal use and located on the same lot.

54

Agricultural Use" means the growing of crops, including nursery and horticultural

crops; raising of livestock; raising of other animals for food, fur or fiber, including

poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and

associated on-farm buildings and structures.

Agricultural Service and Supply Establishment means premises used for the supply

of goods, materials, equipment and/or services that support agricultural uses.

Agriculture-Related Use means premises used for commercial uses and industrial uses

that are directly related to agricultural uses in the area, require a location that is in

close proximity to agricultural uses, and directly provide products and/or services to

agricultural uses as the primary business, . . . farm produce processing and storage

facilities.

Building means a combination of walls, roofs and floors comprising a structural system

serving the function thereof.

Existing means existing on the effective date of this By-law.

Home Occupation means the accessory use of a dwelling or of a building or

structure accessory to a permitted residential or agricultural use, for an occupation

or business which results in a product or service.

Non-Complying means a building, structure or lot that does not comply with the

regulation(s) of this By-law.

Non-Conforming means a use that is not a permitted use in the zone in which the said

use is located.

On-Farm Diversified Uses means the use of land, buildings or structures for accessory

uses to the principal agricultural use of the lot, conducted for gain or profit to

support, promote and sustain the viability of the agricultural use, including . . .

home occupations. . . .

Premises means the area of a building occupied or used by a business or enterprise. . . .

Structure means anything that is erected, built or constructed of parts joined together

and attached or fixed permanently to the ground or any other structure, including manure

storage facilities.

Use means the purpose for which any lot, building, structure or premises is arranged,

designed, intended, occupied or maintained.

Use, Commercial means the use of land, buildings or structures for the supply for sale of

goods and services.

55

Figure 5: Township of West Lincoln Official Plan

Natural Heritage System Plan Excerpt

56

Figure 6: Township of West Lincoln Official Plan

Natural Heritage System Conservation Areas Plan Excerpt

57

Figure 8: Proposed Zoning Map C4 Excerpt

58

Use, Industrial means the use of land, buildings or structures for manufacturing,

processing, fabricating, assembling, warehousing or storing of raw materials or goods

and related accessory uses.

Section 3.1, Accessory Buildings or Structures and Accessory Uses states . . .

a) Where this By-law permits a lot to be used . . . for a permitted use, that use shall

include any . . . accessory use: and g) certain accessory uses are subject to additional

regulations contained in other Subsections of this By-law as follows:

ix. Home occupations: refer to Subsection 3.7;

xi. On-farm diversified uses: refer to Section 3.11.

Section 3.5 Existing Uses, Lots, Buildings and Structures states “the following

regulations apply to existing non-conforming uses and existing non-complying lots,

buildings and structures:

a) This By-law shall not apply to prevent the use of any existing lot, building or

structure for any purpose prohibited by this By-law, provided:

i. The existing lot, building or structure was lawfully used for such purpose prior to

the effective date of this By-law and continues to be used for that purpose; . . .

b) This By-law shall not apply to prevent the use of a lot that does not meet the

minimum lot area or lot frontage requirements of the applicable zone, provided:

i. The lot was lawfully in existence prior to the effective date of this By-law; and,

ii. The use is permitted in accordance with this By-law; . . .

c) This By-law shall not apply to prevent buildings and structures to be erected,

enlarged, repaired, renovated or replaced on a lot that does not meet the minimum

lot area or lot frontage requirements of the applicable zone, provided:

i. The lot was lawfully in existence prior to the effective date of this By-law; and,

ii. The use is permitted in accordance with this By-law; and,

iii. The buildings and structures comply with the Bylaw; . . .

d) This By-law shall not apply to prevent the enlargement, repair, renovation or

replacement of a building or structure that does not comply with the provisions of

this By-law, provided:

i. The building or structure was legally erected or altered in accordance with the By-

laws in force at the time of construction; and,

ii. The enlargement, repair, renovation or replacement does not further increase the

extent or degree of non-compliance; . . . ..

Section 3.7 Home Occupations states, e) A home occupation shall . . . located within

an accessory building or structure or private garage, . . . on a lot located in the

Agricultural Zone . . . [requires] : i. . . . a minimum lot frontage of 24 metres; and,

ii. . . . a minimum lot area of 1,850 square metres; and, f) . . . [where] a home

occupation is permitted to be located in an accessory building on a lot in the

Agricultural Zone . . . , a maximum of two (2) persons other than the residents of the

dwelling are permitted to be employed in the home occupation. . . .

i) Outside storage is not permitted as part of a home occupation. . . .

l) Where a home occupation is permitted to be located in an accessory building or

structure on a lot in the Agricultural Zone . . . ., the following additional uses are

59

permitted as a home occupation . . . iii. On-farm diversified uses, subject to Subsection

3.11; [and] vi. Retail sale of items produced on the lot, including agricultural products; . .

Section 3.11 On-Farm Diversified Uses states . . . a) An on-farm diversified use shall

be located on a lot containing a permitted agricultural use and associated single

detached dwelling, where permitted by the applicable zone. b) A maximum of one (1)

on-farm diversified use shall be permitted on a lot, except where specifically

permitted otherwise by this By-law. c) On-farm diversified uses shall comply with the

following:

i. The requirements of Section 3.1 applicable to accessory buildings or structures and

accessory uses; and, . . .

iii. The requirements of Section 3.7, for home occupations; and, . . .

v. All other applicable General Provisions and requirements of the applicable zone.

Section 5.2 Permitted Uses states “in the zones identified in Section 5.1, [A –

Agriculture and AR - Agriculture-Related] no person shall use or permit the use of any

lot or erect, alter or use any building or structure for any purpose except in accordance

with the permitted uses in Table 11” which permits the following uses in the following

[A - Agriculture] zone: Accessory buildings or structures and accessory uses (accessory to or in conjunction with a permitted principal use); On-farm diversified uses

(accessory to or in conjunction with a permitted principal use); and Single detached

dwellings

Section 5.3 Regulations states “in the zones identified in Section 5.1, , [A – Agriculture

and AR - Agriculture-Related] no person shall use or permit the use of any lot or erect,

alter or use any building or structure for any purpose except in accordance with the

regulations in Table 12, including:

The Zoning By-law in Part 11.1 Environmental Zones, Applicable Zones states “the

permitted uses and regulations of Part 11 apply to land within the Environmental

Protection EP Zone: Conservation use and Public park for passive recreational use.

60

Regulation Zone Requirements

A AR

Minimum lot area 40 ha 0.4 ha

Minimum lot frontage 100m 50m

Minimum front yard Dwelling 15m - -

Greenhouse 30m 30m

Mushroom farm

building -

150m(1) -

Other main building 20m 10m

Minimum exterior

side yard

Dwelling 15m -

Greenhouse 30m 30m

Mushroom farm

building

150 m(1) -

Other main building 20m 10m

Minimum interior

side yard

Dwelling 5m -

Greenhouse 15m(2) 15m(2)

Mushroom farm

building

75m(1) -

Other main building 15m 7.5m

Minimum rear yard Dwelling 15m -

Greenhouse 15m(2) 15m(2)

Mushroom farm

building

75m(1) -

Other main building 20m 7.5m

Maximum lot

coverage

Greenhouses 70% 40%

Other buildings or

structures 10%

Maximum height 15m 15m

Minimum

landscaped open

space

No minimum 10%

Maximum outside

storage

5% of lot area(3 5% of lot area(3)

No building or structure used for the growing of mushrooms shall be located

closer than 150 metres to the nearest main wall of a dwelling on a separate lot or

any street line, and 300 metres to the nearest boundary of an Institutional Zone or

a Residential Zone other than the Rural Residential Zone. . . .

Outside storage for purposes other than the display of products offered for sale on

the lot shall be located in a rear yard or side yard and screened from view from

public streets and adjacent lots. No manure, compost or equipment storage area

shall be permitted within 30 metres of a street line or a lot line of a separate lot

that contains a residential use or the top of bank of a municipal drain or

watercourse.