Body: Council Type: By-law Meeting: Regular Date: 2017 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2017 By-laws/By-law 2017-39 - MDS II Calculation changes to 2003-75.pdf)
Document Text
TOWNSHIPOF SOUTH FRONTENAC BY-LAWNUMBER 2017-39 BEING A BY-LAW TO AMEND BY-LAW NUMBER 2003-75, AS AMENDED, TO CHANGE SECTION 5.25 TO ACKNOWLEDGE THAT EXISTING VACANT LOTS IN PROXIMITYTO FARM FACILITIESMAY BE DEVELOPEDWITH AN APPROVED MINOR VARIANCE AND TO IDENTIFY CERTAIN CEMETERIES BESIDE WHICH PROPOSED NEW LIVESTOCK FACILITIES ARE EXEMPT FROM ANY REQUIRED MDS II CALCULATION: TOWNSHIP-INITIATED
WHEREAS, the Ontario Ministry of Agriculture, Food and Rural Affairs has issued development guidelines related to Minimum Distance Separation; AND WHEREAS, the Municipal Council of the Township of South Frontenac deems it expedient to amend By-law Number 2003-75 as amended, as it relates
to the new Ontario Ministry of Agriculture, Food and Rural Affairs requirements; NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTSAS FOLLOWS: 1.
THAT Zoning By-law Number 2003-75 as amended, is hereby further amended by deleting section 5. 35 in its entirety and replacing it with a new section 5. 35 to read as follows:
“5.35 AGRICULTURE - MINIMUM DISTANCE SEPARATION a. Notwithstanding any other yard or setback provisions of this ByLaw to the contrary, no residential, institutional, commercial,
industrial or recreational use, located on a separate lot, outside of the boundaries of a “Settlement Area” and permitted in the Zone in which the lot is situated, shall be erected or altered
unless it complies with the Minimum Distance Separation (MDS I) calculated using the Ministry of Agriculture, Food and Rural Affairs, “MDS Implementation Formulae and Guidelines”, as
amended (Appendix 1). Despite the aforementioned, existing
vacant lots which cannot be developed as a result of MDS I may be developed subject to the approval of the Committee of Adjustment. Within “Settlement Area” boundaries, MDS 1 will
not be applied to proposed new development except where Council determines that special circumstances warrant such application.
b. Notwithstanding any other yard or setback provisions of this ByLawto the contrary, no livestock facility, shall be erected or expanded except in compliance with the Minimum Distance
Separation (MDS II) calculated using the Ministry of Agriculture, Food and Rural Affairs, “MDS Implementation Formulae and
Guidelines”, as amended (Appendix 1). Despite the aforementioned, existing livestock facilities which cannot be
expanded as a result of MDS II may be expanded subject to the approval of the Committee of Adjustment.
c. Where a new or expanded livestock facility is proposed adjacent to a vacant non-farm residential parcel of land containing a lot area of 2 hectares (4. 9 acres) or less, the minimum separation distance shall be calculated from the
nearest part of the new or expanded agricultural use to the boundary of the vacant lot.
d. Where a new or expanded livestock operation is proposed adjacent to a vacant non-farm residential parcel of land containing a lot area greater than 2 hectares (4. 9 acres), the
minimum separation distance shall provide for a minimum building area on the vacant lot of 1 hectare (2. 5 acres). e. No livestock facility shall be located within 30 metres (98. 4 ft. ) of a dug well or within 15 metres (49. 2 ft. ) of a drilled well or within 30 metres (98.4 ft.) of a drilled well having less than 6 metres
(19. 7 ft. ) of casing.” THAT a special notation be added immediately following section 5. 35 e. the read as follows:
“Note:Notwithstandingthe Minimum Distance Separation requirements specified above, an MDS II calculated setback may be reduced from any cemetery listed in Appendix 4 to this By-law.” THAT APPENDIX1 ‘MINIMUM DISTANCESEPARATIONFORMULAE (MDS1 AND MDS II)’ to this By-law be deleted and replaced with a new
APPENDIX 1 ‘THE MINIMUM DISTANCE SEPARATION (MDS) DOCUMENT’ issued by OMAFRA March, 2017. THAT a new appendix entitled “APPENDIX4: RURAL CEMETERIES NOT REQUIRINGMDS II CALCULATIONSFOR DEVELOPMENTON ADJACENTFARM LANDS"be added immediately following APPENDIX 3: LOT LINE, BUILDING TYPES, AND SETBACK DESCRIPTIONS, to read as shown on Schedule T attached hereto and forming part of this By-law THIS BY-LAW shall come into force in accordance with section 34 of the
Planning Act, R. S. O. 1990, as amended, either upon the date of passage or as otherwise provided by said section 34.
Dated at the Township of South Frontenac this eleventh day of July, 2017. Read a first and second time this eleventh day of July, 2017. Read a third time and finally passed this eleventh day of July, 2017. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
on Vandewal, Mayor
rr, Clerk-Administrator
THIS IS SCHEDULE ‘1’ TO BY-LAW 2017-39
APPENDIX 4 RURAL CEMETERIES NOT REQUIRING MINIMUM DISTANCE SEPARATION II CALCULATIONSFOR DEVELOPMENTON ADJACENTFARM LANDS Where new livestock facilities or expanded livestock facilities are proposed adjacent to the following cemetery properties no MDS II calculated setback is required: Roll Number
102908003003720 Harrowsmith 102908001001900 Murvale 102904001023900 Latimer 102906004009700 Sand Hill 102906005007710 Van Luven 102906007017210 Opinicon 102901001027200
Salem
