Loading...
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 …/2 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