Emily Sousa and April Nix, policy planners for the Township of Blandford-Blenheim, provided Council with an Agricultural Zoning Review report during the regular Council meeting on Wednesday, October 20, 2024.
The purpose of the report was to formally initiate a review and an update to the Township zoning by-law in order to support and implement the new Official Plan’s agricultural policies, as approved through Official Plan Amendment 269 (adopted by council on May 25, 2022 and approved by the Province on February 8, 2024).
As the Planning Act requires municipalities to update their zoning by-laws following the update of an Official Plan (OP), the review and update looks to establish clear zoning direction with respect to the various potential uses that are now be permitted within the Township’s agricultural area and applicable development standards.
In the report, planning staff identified key areas of change that came up through their preliminary review, and asked council for initial feedback before preparing a draft zoning by-law amendment for public and agency consultation.
“The primary purpose of the current Agricultural Zoning Review, is to ensure the zoning provisions are consistent with applicable Provincial and County plans and policies, as required by the Planning Act,” read the report. “Updates to the agricultural zoning provisions are also proposed to support more consistent interpretation within zoning categories, improve processes and requirements for development applications, update related technical matters such as mapping, and better reflect each local municipal context.”
In order to provide the preliminary background review, staff reviewed the current zones and related provisions for the agricultural and rural zoning categories, looked at other agricultural zoning practices from other municipalities, and reviewed related Provincial guidance as well as other academic or best practice resources which focus on or support effective zoning approaches in agricultural areas.
As stated in the report, “the potential updates to the agricultural and rural zoning categories currently being contemplated generally include, but are not limited to:
1. Review of Agricultural and Rural Residential Zones
The goal is to improve how the Township monitors landscape changes, to update the approach for consistency, and make it easier to implement, respond to inquiries, and process applications, as well as to provide clarity and consistency in mapping.
Currently, the Township divides agricultural zones into two different categories: Limited Agricultural (A1), which regulates undersized agricultural lots in regards to farm buildings and livestock numbers, and General Agricultural (A2) which permits a full range of agricultural uses on larger lots.
The staff proposal now includes differentiating undersized agricultural lots (less than 16 hectares) from larger ones (16 hectares and over), allowing for easier decision-making on permits and further planning approvals.
Additionally, residential zones in agricultural areas (Rural Residential – RR and Residential Existing – RE) will be reviewed to better distinguish between residential lots within and outside of settlement areas, taking into account different use permissions and development standards.
2. Updating Terms and Definitions
Oxford County added new definitions to the Official Plan through OPA 269 (such as ‘farm winery’ and ‘rural entrepreneurial use’), and as a result, updates to the zoning by-law terminology and definitions are recommended to align with these new uses in the OP. The updates aim to refine or expand certain use requirements and standards, as well as clarify the zoning implementation process and expectations.
3. Clarifying Permitted Agricultural Uses
OPA 269 introduced additional uses allowed in the agricultural area as ‘agricultural uses,’ subject to certain criteria. The Zoning By-Law review will propose updates to clarify which uses are considered agricultural, including farm labour residences, cannabis production (excluding associated activities like laboratories or processing), and class 1 anaerobic digesters. These uses will be subject to building permits and applicable zoning provisions.
4. Introducing a New Zone (A3) for Lots Severing a Surplus Farm Dwelling
OPA 269 now allows for the severance of a surplus farm dwelling from non-abutting farm parcels, provided one of the parcels contains more than one farm dwelling built before December 1995. The Provincial Policy Statement (PPS) mandates that no new dwellings can be constructed on the remnant agricultural parcel after such a severance. To meet this requirement, staff are proposing to create a new zoning category, Agricultural – No New Dwelling (A3).
“Establishing an A3 zone will make it easier for the area municipalities to implement the required Provincial restrictions without the need to establish a new site-specific zone and provisions for each one, and would also make for easier tracking of parcels where such dwelling restrictions apply,” read the report. “This zoning code would not be applied to surplus farm dwelling severances where a merger of the retained lands with an adjacent farm is proposed.”
5. On-Farm Diversified Uses and Agriculture-Related Uses Zoning and Provisions
According to the planning report, “new and/or updated zoning provisions are being considered to support implementation of the on-farm diversified use (OFDUs) and agriculture-related use policies set out in the OP, by providing a local zoning framework to guide the establishment of such uses. These would be developed in consultation with area municipal staff to determine matters or provisions that may benefit from greater direction within local zoning regulations.”
Staff are proposing a site-specific/overlay-type zoning approach for OFDUs and agriculture-related uses to help regulate the size, scale, and location of such uses when proposed through an application for a site-specific zoning by-law amendment. The goal is to define the areas where these uses are allowed while ensuring that the original agricultural use can continue if the new use ends.
6. Retaining and Updating the Existing Agribusiness (AB) Zone
The Agribusiness (AB) zone presents both challenges and opportunities as part of zoning by-law updates. Many current uses in the standard AB zone no longer align with the PPS and OP policies for prime agricultural areas. However, since many AB-zoned properties were established before these policies, they offer potential sites for rural commercial and industrial uses that would not be permitted under current rules. Staff are considering keeping the AB zone for certain existing properties, as they were set up before the current policy framework.
These AB sites could also be used for new agriculture-related activities without taking up productive agricultural land, making them preferred locations in the Official Plan. Staff are exploring adding more agriculture-related uses, such as value-added facilities, to the standard AB zone, which would allow these uses on underutilized AB sites instead of agricultural land. Additionally, staff are considering allowing agricultural uses in the AB zone, subject to other zoning rules (e.g., MDS).
New agriculture-related uses that comply with the current PPS and OP policies would be recognized through a new site-specific zoning category, eliminating the need for site-specific AB zones. Any new non-agricultural uses in agricultural areas would also be placed in an appropriate site-specific zone, separate from the AB zone. These changes aim to ensure zoning clearly identifies the specific types of uses permitted in line with the Official Plan policies.
7. Introducing a New Zone for Rural Entrepreneurial Uses provisions for REUs into zoning, to support and inform individual zoning by-law amendments for such uses.
The Official Plan now allows more flexibility for rural live-work opportunities by permitting existing rural residential lots outside settlements to be used for business activities that go beyond home occupations, known as Rural Entrepreneurial Uses (REUs). For example, a workshop for a trade occupation. However, REUs require a Zoning By-Law Amendment and must remain clearly secondary to the residential use.
To properly implement REUs, zoning must specify the allowed uses and set guidelines for size, scale, compatibility, and location to ensure these uses stay secondary to residential functions, are compatible with nearby properties, and fit with rural-level services.
Staff proposed creating a new zoning category, Rural Entrepreneurial Use (REU), for residential lots seeking to establish an REU, which would include specific zoning provisions. Input from local municipal staff will be essential in developing appropriate regulations for the REU zone.
8. Renewable Energy in the Agricultural Area
The County has worked to clarify planning requirements for renewable energy projects through updates to the agricultural Official Plan (OP) following the repeal of the Green Energy Act. These updates set out the basic planning criteria for various renewable energy projects (e.g., wind, solar, biogas) in agricultural areas. Staff are now proposing to refine the zoning provisions in the General Provisions section of the Zoning By-Law to:
- “Permit roof and wall-mounted solar in Agricultural and Rural Residential zones on existing structures and buildings, as per the Ontario Building Code;
- Permit small-scale ground-mounted solar projects as an on-farm diversified use, subject to OP criteria and a rezoning application, where proposed on farms;
- Permit ground-mounted solar in Rural Residential zones at a certain scales;
- Permit Class I Anaerobic Digesters as agricultural uses, subject to OP criteria and MDS requirements.”
Additionally, staff are considering updates to related terminology and clarifying that ‘Energy Storage Systems’ (as defined in the 2024 PPS) are not considered infrastructure and should therefore be subject to applicable planning processes, such as a zoning by-law amendment, to ensure proper review before approval.
As far as next steps go, the report said that a key part of the Agricultural Zoning review process is gathering input from the public and stakeholders on the proposed draft provisions. Staff are proposing to conduct broad public and agency consultations to raise awareness of the proposed amendments and provide opportunities for input and feedback.
“The proposed approach for updating the zoning by-law is to include 5 main steps:
1. Project initiation (i.e., this report)
2. Early consultation and input on a proposed overall approach for updating the agricultural zoning (this will include a public open house and input from key stakeholder groups County Agricultural and Planning Advisory Committee and Rural Oxford Economic Development Corporation, etc.)
3. Release of a draft zoning by-law amendment
4. Statutory public meeting
5. Adoption of a recommended zoning by-law amendment.”
Area municipal staff will be involved throughout the full process, with a particular focus on preparing and reviewing the draft amendment. Various materials and information will also be available online for the public, including opportunities to submit feedback or connect with planning staff for more detailed questions, in addition to the open house and public meeting.
Staff aim to work closely with Area Municipalities to navigate this process, with the goal of having the updated zoning in place by early to mid-2025.
Council later voted unanimously to receive the report as information and allow staff to get underway with making their revisions.
Kimberly De Jong’s reporting is funded by the Canadian government through its Local Journalism Initiative.The funding allows her to report rural and agricultural stories from Blandford-Blenheim and Brant County. Reach her at kimberly.dejong@brantbeacon.ca.
