HomeMy WebLinkAbout99 109 Amended by No. 99 113
NO. 1999 - 109
BEING A BY-LAW TO REGULATE THE USE OF LANDS IN THE
AGRICULTURAL ZONES OF THE MUNICIPALITY OF
KINCARDINE-BRUCE-TIVERTON FOR INTENSIVE LIVESTOCK
FARM OPERATIONS ON AN INTERIM CONTROL BASIS
WHEREAS
the Council of The Corporation of the Township of Kincardine-Bruce-
Tiverton section 38.(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended,
provides that:
“Where the Council of a local municipality has, by by-law or resolution, directed
that a review or study be undertaken in respect of land use planning policies in
the municipality or in any defined area or areas thereof, the Council of the
municipality may pass a by-law (hereinafter referred to as an interim control by-
law) to be in effect for a period of time specified in the by-law, which period shall
not exceed one year from the date of the passing thereof, prohibiting the use of
land, buildings or structures within the municipality or within the defined area or
areas thereof for, or except for, such purposes as are set out in the by-law.”
AND WHEREAS
the Council ofThe Corporation of the Municipality of
Kincardine-Bruce-Tiverton has passed resolution number 99-509 on the
eighth (8) day of September, 1999 to authorize a “Study” to be commissioned to
determine appropriate land-use and site evaluation procedures and policies and
to regulate and govern nutrient management issues including the construction
or expansion of intensive livestock operations and/or liquid manure pits in the
Township of Kincardine-Bruce-Tiverton,
AND WHEREAS
the commissioning of this Study by the Council of The
Corporation of Kincardine-Bruce-Tiverton was prompted by the recent
proliferation of intensive agricultural operations and concerns in the rural
community of Bruce County in regard to good planning principles;
NOW THEREFORE
the Council for The Corporation of the Township of
ENACTS
Kincardine-Bruce-Tiverton as follows:
1. That on those lands zoned “Agricultural”, whether general or restrictive, in
the Municipality of Kincardine-Bruce-Tiverton, which includes the former
Municipalities of the Town of Kincardine, the Township of Kincardine, and
the Township of Bruce-Tiverton, in the respective Comprehensive Zoning
By-laws or Restrictive Area By-laws, as amended:
i) the construction of a new livestock liquid manure system
and/or livestock facility to serve an intensive livestock
operation shall be prohibited:
ii) the expansion of an existing livestock liquid manure system
and/or the housing capacity of a livestock facility for an
intensive livestock operation shall be prohibited
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Interim Nutrient Control By-Law No. 1999 - 109
Page 2 of 2
2. An Intensive livestock operation, for the purpose of this by-law is defined
as a livestock operation exceeding 1.5 livestock units per acre and/or 100
animal units.
3. That this by-law does not prevent:
i) the use of any land, building or structure for any purpose
prohibited by this by-law if such land, building or structure
was lawfully used for such purpose on the day of the passing
of this by-law, so long as it continues to be used for that
purpose: or,
ii) the erection of use for a purpose prohibited by this by-law of
any building or structure for which a permit has been issued
for under Section 5 of the Building Code Act, prior to the day
of the passing of this by-law, so long as the building or
structure when erected is used and continues to be used for
the purpose for which it was erected and provided the permit
has not been revoked under Section 6 of the Building Code
Act.
4. That this by-law shall remain in force and effect for a maximum period of
six (6) months from the date of final passing, or until repealed.
5. And that this by-law shall take effect with final passing and comes into full
force and effect pursuant to the provisions of the Planning Act, 1990.
6. This by-law may be cited as the “Interim Control Nutrient Management,
By-Law”.
READ FIRST, SECOND, THIRD DEEMED TO BE PASSED
a and time and this
th
8 day of September , 1999.
_________________________ __________________________
Mayor Clerk