New rules

Zoning bylaw gets a makeover

When official plans are updated, zoning rules must be updated within three years. It has been almost 20 years since the County’s comprehensive zoning bylaw was last revised. A near-to-final draft was presented to Council last week. While the bulk of the draft zoning bylaw remains intact, all landowners are encouraged to review the new draft to ensure it aligns with their ideas, ambitions and uses of their land.

Nadia De Santi, Senior Project Manager, Planning, WSP, a consultancy, highlighted the big changes to the County zoning bylaw.

Three rural zones are proposed to be consolidated into one single rural (RU) zone. The minimum lot size will be 10 hectares, though existing smaller lots will be grandfathered. A new agricultural zone is proposed, setting the minimum lot size at 40 hectares to align with the 2024 Provincial Planning Statement. A range of agricultural uses and on-farm diversified uses are proposed as permitted uses.

“To recognize the importance of agriculture in this County and understanding the adapting needs of farming practises to ensure their longevity,” added De Santi.

Agriculture-related uses are those uses that directly relate to farm operations, but not necessarily on a farm, such as a farmers’ market, farm equipment repair shop, seed or fertilizer supplier, processing of produce grown in the area, and wineries.

On-farm diversified uses are defined as secondary to the main agricultural use on a property and are limited to specific areas. They include things such as home industries, agritourism, home occupations, value-added uses and recreation. These uses cannot exceed one hectare or two per cent of the total land. Trailers and recreation vehicles are proposed to be a permitted use, subject to provisions.

Rules for wineries have also been updated to define an estate winery or a farm winery as a winery, with updated winery definitions to include on-farm diversified uses and a tied house. The new tied house designation defines an accessory use of a winery, cidery and brewery where alcoholic beverages are produced on-site and food is offered.

Dan Sullivan of Rosehall Run Vineyards has been growing grapes in the County for 25 years. He says some of the proposed provisions are too restrictive.

“As is currently being proposed, prime agriculture land is going to be a 40-hectare minimum for any severances, whereas a rural severance will be 10 hectares. What this will inherently do is favour the pursuit of wineries to go onto smaller parcels, as they don’t need 100 acres to perform a lot of the wine functions,” said Sullivan.

Worrying it will push people further out into rural lands, Sullivan suggested a creative way of making specialized farm areas—orchards, wineries and cash crops—where these zones are recognized for this type of farming activity and encourage the creation of small, high-value operations.

Amy Bodman represents the Prince Edward County Field Naturalists and noted that some of the group’s suggestions proposed during the development of the draft have yet to be addressed.

“In our previous comments, we suggested that some definitions be added, and we specifically suggested definitions for major development, natural core areas, and woodlands. We continue to believe that these and other definitions are needed to provide more clarity to proponents,” said Bodman.

Bodman also drew attention to development adjacent to provincially significant wetlands.

“Many of the provisions in section 3.31 note the requirement for an environmental impact study. We request that a section be added to clarify that an EIS shall only be approved by the County if the study is completed according to the terms of reference and submission standards.”

Don Williams owns a dairy operation outside of Bloomfield and is the Vice Chair of the Prince Edward Federation of Agriculture, which represents 300 farmfamily businesses. He said he was thrilled with how much agriculture played a huge part in the new Zoning Bylaw.

“Our County has a rich agricultural heritage, and as we look into the future of our farm businesses progress and adjust with consumer preferences, our land use policies need to reflect the dynamic nature of our industry. Change is the biggest thing in agriculture. We appreciate the work done in the on-farm-diversified uses and agriculture-related uses in the new version of the zoning bylaw,” said Williams.

Brittany Denouden and her partner Caleb operate an ostrich farm on Rednersville Road. She worried imposing site plan control on her small farm would be devastating.

“Like many small-scale farms, we found that making the farm financially viable means we need to be creative with our on-farm diversified uses,” said Denouden, who explained they have a harvest host event where visitors can park their RV at the farm for one night at no cost and learn what real farming looks like.

“Offering our free overnight parking would now require us to submit a full site plan control application. Which means thousands of dollars in fees, consultants, drawings and months of delays just to allow the maximum of five visitors to park their RVs for free with no hookups about five nights a year.”

The County’s Manager of Planning, Michael Michaud, noted there are different levels of site plan and felt staff and Council could work out those details.

“We totally understand that not everything needs to go through site plan, and we totally agree. Right now the process would be some sort of minor application. The fee right now is $4,000. We change the fees over every year, so a reduced fee could be added at the direction of Council for on-farm-diversified-uses,” said Michaud.

He also noted that the site plan control bylaw allows the Director of Development Services some discretion.

“If it is a little sugar shack used for three weeks of the year, we aren’t going to go through site plan for that. If someone wants to add a restaurant, then we need a little more information,” added Michaud.

De Santi added that site plan requires certain elements that are beyond land use.

“Site Plan Control is also for other purposes, meaning if there is a fire on the property when those applications are approved, it is important to know if the buildings are inhabited. It will also show emergency routes,” she added.

Councillor Brad Nieman wants to see a clearer definition of the rules for commercial development.

“As you know, I have been harping that in any new development, the commercial block. Is that going to allow for a daycare?” he asked.

Michaud assured the councillor that it would.

“When a plan of subdivision comes through with a commercial block, typically anything in a residential subdivision would have a local commercial zone, and daycares are permitted,” he said.

Community members are encouraged to review the final draft of the zoning bylaw on the County’s website. It is expected to return to Council in June for final approval and implementation.