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HomeMy WebLinkAboutLGS-012-21Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: March 8, 2021 Report Number: LGS-012-21 Submitted By: Rob Maciver, Director of Legislative Services Reviewed By: Andrew C. Allison, CAO By-law Number: File Number: L1000-47 Resolution#: C-142-19, GG-223-21, C-111-21 Report Subject: Regulation of On -Farm Special Events Recommendations: 1. That Report LGS-012-21 be received for information; and 2. That all interested parties listed in Report LGS-012-21 and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-012-21 Report Overview Page 2 Extensive public consultation has occurred on the issue of on -farm special events. After considerable debate, several possible approaches to regulation have emerged. The primary method of regulation is through the zoning by-law and site plan approval process. Supplementary methods, including additional regulatory/licensing by-laws or "good neighbour agreements" may be used if Council has concerns that zoning and site plan alone are insufficient to address potential impacts. By-laws of general application tend to obscure the unique features of each individual farm property, and each situation may benefit from a property -specific approach. There are presently no active applications for on -farm special events. For these reasons it may be advisable for Council to await a concrete set of facts associated with a specific property before venturing further into a regulatory response. 1. Introduction 1.1 The subject of the municipal regulation of on -farm special events, specifically on -farm wedding events, within Clarington has become very convoluted. What started out as an application by an individual farm owner for a zoning by-law amendment to permit weddings and other special events has broadened into a much wider discussion involving farm owners, business owners, the Agricultural Advisory Committee of Clarington, and residents from across the rural areas of Clarington. 1.2 At the risk of oversimplification, at the core of the problem is two competing interests: the interests of some farm owners that would like to diversify their farm operations to include special events such as weddings, versus the interests of some of the neighbouring residents in the rural area who oppose these events on the grounds that they will be a source of disturbance that they should not be forced to tolerate. 2. Background Re -zoning Application for 3582 Morgans Road 2.1 Situated at 3582 Morgans Road is a 40-acre farm, known as Graham Creek Farm, that produces grass-fed beef, Iamb, and goat meat. In 2015, the owners of Graham Creek Farm applied to the Municipality for a zoning by-law amendment to permit agri-tourism special events (e.g. weddings) as an on -farm diversified use. 2.2 In January of 2017, Clarington Council refused the Graham Creek Farm application, despite that the Director of Planning at the time had made a recommendation for approval. 2.3 The owners of Graham Creek Farm appealed Council's refusal to the LPAT. The only parties to the appeal were the owners of Graham Creek Farm and the Municipality. Several of the residents of Morgans Road who were in opposition to the application attended the hearing and some of them provided the tribunal with participant Municipality of Clarington Report LGS-012-21 Page 3 statements. The Region of Durham did not appear at the hearing but had indicated to staff that it had no objection to the proposed special event use. Likewise, the Provincial agencies declined to take a position on the application. 2.4 In its decision, the LPAT affirmed that weddings and other special events should be permitted as an on -farm diversified use, however it declined to approve the specific zoning by-law amendment for 3582 Morgans Road. In the opinion of the LPAT, the proposed by-law amendment was not acceptable because of its failure to adequately protect the integrity of the principal farm use. Specifically, the tribunal member expressed concern that the proposed by-law failed to adequately regulate with respect to seasonality, maximum number of permitted guests, and maximum frequency of events. 2.5 Included in the decision is the following guidance for any future attempts to regulate on - farm special events: "... an applicant or a municipality might benefit from approaching a matter such as this with a chart that identifies the manner in which an event venue on a farm is to be collectively defined, regulated and scoped by: 1) provisions in a zoning by-law; 2) provisions in a typical site plan agreement and/or other agreement that is mutually negotiated, enforceable and which extends beyond the items in a typical site plan agreement; and 3) provisions in existing or proposed general municipal by-laws which deal with such issues as noise, licensing, hours of operation, etc." 2.6 Rather than provide a final determination of the issues, the LPAT decision sent the parties "back to the drawing board" to work out a solution that would permit the use of farms for special events in a manner that would represent a better balance of priorities in the rural area. Although there has been some indication that the owners of Graham Creek Farm may want to resubmit their application to permit on -farm special events, no further application has yet been received. 2.7 Council and staff continued to wrestle with the issue of on -farm special events for several months following the release of the LPAT decision. These discussions culminated in Council Resolution #C-142-19, which directed staff to work in consultation with all stakeholders and to report back to Council with proposals to regulate on -farm special events. Municipality of Clarington Report LGS-012-21 Stakeholder Consultation Page 4 2.8 Staff in the Planning and Development Services Department have had ongoing discussions with representatives from the Ontario Ministry of Agriculture, Food and Rural Affairs ("OMAFRA") to better understand Provincial policy with respect to on -farm special events. 2.9 Based on the guidance found in the LPAT decision and the subsequent discussions with Council, the former Municipal Clerk collaborated with the Municipal Solicitor and staff from the Planning and Development Services Department to identify the constituent elements of a regulatory scheme for on -farm special events. Those components included a zoning by-law amendment, site plan approval, existing regulatory by-laws (e.g. the Noise By-law 2007-071), and the possibility of a by-law exclusively devoted to the regulation of on -farm special events. 2.10 A public open house was convened at the Newcastle library on February 19, 2020 to present various aspects of regulation, and to seek public input. Prior to the meeting, a draft regulatory by-law was circulated. The meeting began with presentations from staff, and the key provisions of the draft regulatory by-law were also discussed. Following this introduction by staff, the stakeholders in attendance were given the opportunity to ask questions and to make comments. Participants were also encouraged to submit their written comments to staff. 2.11 Contemporaneously with the public open house, an online feedback module was implemented on the Clarington website to seek additional input from the public. 2.12 In addition to the verbal comments and input provided at the open house, 26 written comments were received. Attachment 1 to this Report is an anonymized list of the written comments received from the public. 2.13 A review of the written submissions reinforces the perception that opinions about on - farm special events are polarized. One faction of stakeholders emphasizes farm diversification, farmer livelihood, farm innovation, economic development, and the liberty to use and enjoy their property. For this group, fewer regulations means easier access to the economic potential of on -farm special events. Another faction emphasizes the potential for nuisance, the need to protect agricultural production, enforcement challenges, and fears about depreciating property values. This group would prefer further limits and regulations associated with on -farm special events. If individuals from these factions agree about one thing, it is the universal dissatisfaction with the draft regulatory by-law that was presented at the open house. 2.14 Following the open house, the topic was presented to the Agricultural Advisory Committee of Clarington at their March 12, 2020 meeting. A sub -committee was then created to consider the concerns that had been raised by the public. Municipality of Clarington Report LGS-012-21 Page 5 2.15 The sub -committee was comprised of members of the Agricultural Advisory Committee, additional local farmers, and representation from CBOT and the Regional Economic Development office. The sub -committee reviewed the draft regulatory by-law together with the comments from the public and made several valuable recommendations for a proposed regulatory scheme. 2.16 Several meetings were convened with the sub -committee to present proposals and to discuss revisions to the by-law. Ultimately, two alternative by-laws were prepared; one by-law that would require farm owners to obtain a licence to operate on -farm special events, and another by-law that regulates on -farm special events but that does not include a licensing component. These two alternative drafts are included with this report as Attachment 2 and Attachment 3, respectively. 2.17 Both draft by-laws attached to this report would create additional regulations for on -farm special events, specifically with respect to maximum attendance, frequency of events, and hours of operation. The licensing version of the by-law imposes the additional requirement to obtain a business license from the Municipality, which would represent an additional annual cost to farmers, and which has the potential to be revoked for non- compliance with its conditions. Regulation in Other Municipalities 2.18 In the preparation of this report, staff also performed an environmental scan of other Ontario municipalities to determine whether there are any other methods in use to regulate on -farm special events. Of the municipalities surveyed, only Norfolk County and Concord (part of the City of Vaughan) were found to have regulations specific to on - farm special events, and in both instances these regulations were implemented as part of the local zoning by-laws. Excerpts from the zoning by-laws for these two municipalities are provided below: Norfolk County Zoning By-law 1-Z-2014 14.471 In addition to the uses permitted in the A Zone, the follow uses shall be permitted, e) wedding ceremonies to a maximum of one hundred (100) people. Concord (City of Section 46.2 Permitted Uses, Agricultural Commercial Vaughan) (AGC) Zone 1) AGC1 the following uses are permitted uses in the AGC1 Zone variation..... f) Assembly hall Municipality of Clarington Report LGS-012-21 Page 6 2.19 Additionally, in Grey County, it is simply acknowledged that events and weddings qualify as permitted on -farm diversified uses, with no special by-law provisions in effect to regulate on -farm special events. 2.20 At some point the assertion was made that a by-law had been enacted in the Township of Wilmot to regulate on -farm special events, however this could not be substantiated. 3. Analysis 3.1 The starting point for discussion about on -farm special events is the need to obtain a zoning by-law amendment. On -farm special events are currently only permitted in Clarington through an exception to the zoning by-law that requires an application for a zoning by-law amendment. As with all zoning by-law amendments, the application is a public process and is subject to Council approval, and appeal rights. 3.2 Presently, there are a total of two agriculturally zoned properties in Clarington that have obtained the required zoning approval to permit on -farm special events. Both properties are situated in Ward 4. 3.3 There are currently no active applications for a zoning by-law amendment to permit on - farm special events. 3.4 In addition to a zoning by-law amendment, any buildings, parking areas, or other development in conjunction with on -farm special events would be subject to site plan approval. 3.5 Applications for a zoning by-law amendment and site plan approval would be evaluated with reference to the OMAFRA Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas. 3.6 The required zoning by-law amendment and site plan approval together represent the existing regulatory framework in which to evaluate requests by farmers to use their properties as a venue for on -farm special events. 3.7 It is only if Council determines that zoning and site plan regulations are not adequate to address potential impacts that there would be a potential need for additional municipal regulation. For example, if Council was not satisfied that the seasonality of events, maximum number of events, hours of operation, maximum number of event attendees, or noise emanating from on -farm special events were sufficiently regulated by zoning and site plan requirements, or other methods proposed by an applicant, this might raise the prospect of additional regulation. Municipality of Clarington Report LGS-012-21 Page 7 3.8 Whether, in fact, such impacts would be actualized is an open question. The almost total absence of by-law complaints in connection with the two farm properties where on - farm special events are already permitted suggests that the impacts of these events are manageable. However, these two locations may not reflect conditions elsewhere in the Municipality. 3.9 Agricultural properties are highly variable in terms of size, topography, orientation, means of access, proximity to neighbours and a variety of other features. This disparity in features may result in a disparity of the impacts experienced at each farm location. For this reason, it is extremely difficult to generalize about the impacts that would be associated with on -farm special events. 3.10 This overgeneralization represents a disadvantage associated with the proposed by- laws attached to this report. For this reason, Council may want to dispense with the notion of additional by-laws in favour of a more site -specific approach to regulation. Alternatively, Council may simply wish to defer consideration of additional by-laws at this time. Council retains the discretion to revisit the need to enact additional regulations at any point in time when it becomes evident that impacts associated with all on -farm special events require such regulation. 3.11 An additional regulatory option available to Council is the temporary use provisions under section 39 of the Planning Act. These provisions authorize Council to impose a time limit of up to three years on a zoning by-law amendment. The legislation also provides that the time limit can be extended by Council for any number of further periods of up to three years. The inclusion of a temporary use provision in a zoning by- law amendment would allow Council to impose a probationary period so that impacts can be reviewed before a final decision is made about whether to permit on -farm special events at the property location in question. While this represents a possible avenue of compromise, the cost to applicants of this process could represent a barrier, and farmers may be reluctant to invest in improvements to their farms if they face uncertainty about whether their approvals for on -farm special events will become permanent. For these and other reasons, the Director of Planning and Development Services does not tend to favour temporary use provisions as an option for on -farm special events. 3.12 Another approach that seems to have been used to some positive effect in another Canadian jurisdiction is to require farmers to enter into a "good neighbour agreement" with the Municipality in relation to their on -farm special events. Under such an agreement, the farmer would make certain representations to the Municipality about how it will conduct its on -farm special events, and what process the farmer would agree to submit to in the event of a dispute with neighbours concerning noise or other impacts. While a good neighbour agreement is not a legally enforceable contract, it nevertheless could serve as a useful framework to establish mutual expectations and to avoid or effectively manage any conflict, should it arise. Municipality of Clarington Report LGS-012-21 4. Concurrence Page 8 This report has been reviewed by the Director of Planning and Development Services who concurs with the recommendation. 5. Conclusion The regulation of on -farm special events has been a source for controversy in Clarington. Municipal approval of a zoning by-law amendment and site plan approval are strict prerequisites to engaging in these events. Supplemental regulatory by-laws are another possible approach, however none of the interested parties that were consulted could agree on acceptable contents for such a by-law. Council can choose to await a property -specific application before making any further determinations. Staff Contact: Robert Maciver, Director of Legislative Services/Municipal Solicitor, 905-623- 3379 ext. 2013 or rmaciver@clarington.net. Attachments: Attachment 1 — Summary of Written Submissions Attachment 2 — Draft By-law — Business Licensing Attachment 3 — Draft By-law — Regulatory Interested Parties: List of Interested Parties available from the Legislative Services Department. Attachment 1 to Report LGS-012-21 Public Consultation - Summary of Written Submissions Type of Concern Specific Comments Concerns Suggestions Time Restriction Resident it concerned at the Reconsider the proposal. 11 pm time restriction. Zoning The farms existed before Resident believes it is Stop selling farm lands to subdivisions, resident it worried discrimination and does not developers. the town is trying to change benefit from the comments. them. Zoning There is a need for more barn Not sure Resident believes it is a great weddings and more farmers. idea to let farmers farm and deal Farmers have the space and with their own property. Everyone could provide an easy solution. looks forward to farm events and the community thrives from thriving farmers. Zoning Allow the farmers more room to None Allow any agricultural zoned area have events with less barriers who farm at any capacity the and more freedom. ability to make money. Don't make it hard for them. Regulations/Zoning There should be more None Please allow farmers to utilize opportunity for people to their space, generate income and generate income while creating create a better community. experiences for others. Perhaps it can be agreed upon with direct neighbours of a short distance. If there are more specific areas, instead of red -tape, set limits. These limits may include how many people are allowed or how many events in a week/month. Farmers are important to the community. Don't make them jump hoops and spend money to be able to hold an event. Let's find solutions. Attachment 1 to Report LGS-012-21 Type of Concern Specific Comments Concerns Suggestions Noise, Enforcement -When dealing with rural -The lack of by-law enforcement -Permits have been suggested and Zoning event/wedding businesses, is a problem. Were told that as means of control and minimum separation distances enforcement of these types of enforcement. This should be need to be established. MDS events would be very difficult. If looked at more closely. guidelines are necessary to the Municipality approves these protect neighbouring households businesses, it then must provide -Regulations and standards from undesirable or unwanted actual enforcement. The should be designed to protect noise. neighbouring households must agriculture, and rural have confidence that the Town neighbourhoods. -Studies in Europe show that has and will use various means in commercial agritourism can place to deal effectively with any -have planning staff and Council influence agricultural problems that may arise. use and be assisted by Ag. marginalization through the Advisory Group and/or other non - changing of the farmer into a -Noise is just one issue of many. invested individuals/groups to businessman. Therefore it is thoroughly investigate primary necessary that all stakeholders agricultural activity basis claims are included and involved at for each application. every level of any commercial On -Farm Special Event. -Set FIRM rules. Attachment 1 to Report LGS-012-21 Type of Concern Specific Comments Concerns Suggestions Enforcement -Resident agrees that the 10am -A lot of concerns are around -There needs to be some and 1 lam times are acceptable, enforcement. If the Municipality consideration as to distance from however would like to know if issues a permit, they are to be neighbouring homes in relation to that includes set up/take down. If responsible for ensuring that the the events. not, the neighbours will have bylaws are being followed. A traffic concerns. permitting scheme should be -No farm should be created for used rather than a zoning change. the purpose of special events -Resident also has questions about the frequency of events. -Trespassing - Neighbours would -There was a resolution (#C-142- Whether it is all year or only on not be able to issue concerns 19) passed were staff were to specific months. about number of attendees work in consultation with all without trespassing. stakeholders - this should be -Resident also agrees that 150 done. attendees is a very fair number -Bylaw is not available on the to work with. weekend to call if they are - For future meetings it should be needed. One way to handle this is held at the Diane Hamre -OMB decision PL170178 - to have the operator be required complex, as the microphone resident believes that staff to have personal security would be a great addition. should go through this company at their expense. information as it contains - All of the resources from excellent information and -Clarington has a record of not previous hearings, such as OMB, direction. following through with enforcing Ag. Committee and OMFRA penalties when warranted. There should be used. -This is more than a noise by-law was no mention of fines for and should be treated as such. infractions, but there was some verbal indication that they may not -Fireworks should be not be used. allowed. Zoning It is very difficult to make a living There should not be too many The resident wants to move on agricultural land. Innovative regulations. forward with the proposal. activity should definitely be permitted. Attachment 1 to Report LGS-012-21 Type of Concern Specific Comments Concerns Suggestions Enforcement -Events should not be allowed in -Ensure the property to be residential rural neighbourboods. considered for event is actually an agricultural operation as the - Neighbours should not be the primary use. ones to ensure compliance with the noise restrictions or other issues. Noise Resident is very concerned with There is no consequence for not There aren't any benefits to the the evening parties. Those following the 11 pm limit. taxpayers for this. The value of speaking were very passionate properties will be reduced when about making it happen, but they go to sell, but MPAC won't there was nothing said about adjust the value for taxes. There working with their neighbours. needs to be accountability. There was no concern about the noise restrictions. Regulations -The notification to neighbouring -The notification to neighbouring properties should be expanded properties should be expanded from 300m to 1 km from 300m to 1 km -There should be a maximum of -There should be a maximum of 300m setback from the event to 300m setback from the event to neighbouring properties neighbouring properties -The maximum attendees should -The maximum attendees should be increased from 150 to 500 be increased from 150 to 500 -The noise should be contained -The noise should be contained to to the property the property -Open houses/u-pick that host -Open houses/u-pick that host school trips should be exempt. school trips should be exempt. Attachment 1 to Report LGS-012-21 Type of Concern Specific Comments Concerns Suggestions Zoning It is a large commitment for 2 The resident is concerned that the The resident would suggest that farms with approved special proposed bylaw set up potentially the bylaws address the zoning events. The resident also has conflicts with regulations between regulations and site plan difficulty with the proposed zoning, site plans and the agreements. regulations where those 2 farms proposed bylaws. have gone through extensive design and approval to establish appropriate hours of operation, frequency of events and numbers of attendees. Resident believes it would make sense to reference the zone regulations and site plan agreements. 2% maximum is a barrier for Overall to restrictive. Too hard Less restrictive and equal smaller farms, 150 people is too and long of a process for new opportunity for both small and limiting, more flexibility with noise businesses to get started. large farms. curfews. People will see a business opportunity and buy up prime farm land for events instead of for normal farm practices. Regulations The resident states that there are The resident has concerns with Resident wants Clarington to start already bylaws and systems in the 'extra layer' being added to changing its focus to encouraging place to enforce, and that this potential business opportunities. business opportunities. proposal only serves to hinder people from business Concerns over how the opportunities. Municipality came up with the number of attendees or times. There are already events with earlier and later times. Are they to change that? Regulations What methodology was used to Excessive Regulations. Wants the Wants approval at the site plan determine hours of operation, background information used to approval process with guidelines frequency, numbers, etc? Wants arrive at support the proposals. to assist staff through the definition of Special Event. Wants rules to apply for all rural application and approval process. and not just farms. No grandfathering of current sites. Fines are too excessive. Attachment 1 to Report LGS-012-21 Type of Concern Specific Comments Concerns Suggestions Enforcement Resident is very glad that the Resident does not believe that Resident hopes that staff involved venue will be limited to 150 these regulations could be with the decision making of the guests and only one event per enforced. Bloomfield currently and special events read the PPS 2014 weekend. This will still allow responsibly hired security to and understand that Clarington venues to host events for 30 ensure guests vacate the property must make decisions "consistent weekends from April to October. at a reasonable time and protects with the intent of the PPS". well being of guests and Resident is also pleased to note community. But even the security It is encouraging to note that the that the 11 am curfew is in company may have difficulties proposed by-laws are reflecting concordance with the Municipal enforcing. Perhaps it could be the guidelines that dictate special Bylaw. For those wanting a rural suggested that the site events must be spatially and experience, the 11 pm curfew is assessment/planning piece temporary to a farm operation. reflective of the landscape. include security. Zoning Resident believes that instead of Resident thinks that people in having to apply for permission, Clarington are looking to host that the zoning for agri-tourism more on -farm events. There should be in allowance for agri should be more allowances in zoned properties. general. Not just with special event permissions. Enforcement Resident questions why a zoning Concern with who was notified, Resident wants violators to be change was presented when number of people were reportedly held responsible and the changes changes could have been not consulted. No minimum fine enforceable. regulated through licensing. presented and concern there will be a reluctance to charge violators. Zoning Bloom Field is not interested in rezoning Zoning/Enforcement Concern with how the Concern with limited enforcement On -site sound tests. Municipality handles noise to handle noise related issues and Consultations with other complaints and the lack of the effects events will have on Municipalities who have gone enforcement. Concerned with the existing rural communities through similar experiences. proposed zoning change thinks that the events should be applying for permit instead. Time Restriction 11:00 PM - too early. Number of people should be increased to at least 180 Attachment 1 to Report LGS-012-21 Type of Concern Specific Comments Concerns Suggestions Enforcement Concern with heavy fines that Work with farmers as partners. could be imposed. Resident would like to build relationships and not feel attacked by Municipality Enforcement Concern with 11:OOPM shut down time. Zoning Lack of knowledge by the The people creating this bylaw Look into examples of how other Municipality understanding don't understand the agriculture successful businesses are agriculture and agricultural industry. Timeline is too tight and growing such as Springdale special events. Municipality doesn't allow for thoughtful Farm, Downey's Farm, unable to identify the difference conversations. Chudleigh's Farm, Brooks Farm, between primary, secondary, and Saunders Farm. and diversified agricultural uses. Definition of on -farm event is too vague, concerns it may not follow provincial guidelines, number of people permitted was not well researched, Zoning Inconsistencies between what The proposed changes would limit Resident would like this proposed the Municipality is doing and the the opportunities for economic bylaw to be rejected. goal of the Region of Durham. success. Why limit the number of The regulations imposed are people when the current special potentially limiting agritourism event bylaw is for 500+ people. opportunities. Limitations on time should be reconsidered. Attachment 2 to Report LGS-012-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2020-XXX Being a by-law to license On -Farm Special Events WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws respecting the health, safety and well-being of persons; WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c) provide for a system of licences respecting the matter; WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may provide for a system of licences with respect to any business wholly or partly carried on within the municipality, including the sale or hire of goods or services on an intermittent or or one-time basis; and AND WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: PART 1 - INTERPRETATION Definitions 1.1 In this By-law, "Applicant" means a person seeking a licence pursuant to this By-law; "Enforcement Officer" means a Municipal Law Enforcement Officer whose duties include the enforcement of this By-law; "Licence" means a licence issued pursuant to this By-law; "Licensee" means a person to whom a Licence has been issued in accordance with this By-law; "Municipal Clerk" means Clerk of the Municipality or a designate; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; Attachment 2 to Report LGS-012-21 "On -Farm Special Event" means a social gathering outside of normal farm practices on lands zoned to permit special events as a use that is secondary to the agricultural farming operations; "Owner" means the registered or beneficial owner of farm property; "Person" means an individual or a corporation, and "Persons" has a corresponding meaning; and "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109, or their successors. References 1.2 In this By-law, reference to any Act or by-law is reference to that Act or by-law as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this By-law to Parts and sections are references to Parts and sections in this By-law. Word Usage 1.4 This By-law shall be read with all changes in gender or number as the context requires. 1.5 In this By-law, a grammatical variation of a word or expression defined has a corresponding meaning. Application 1.6 This By-law applies to all On -Farm Special Events in the Municipality unless otherwise specified. PART 2 — PROHIBITIONS Operation 2.1 No person shall conduct an On -Farm Special Event without a Licence 2.2 The Owner or designate must be on scene during the On -Farm Special Event. 2.3 No Person shall contravene any condition of site plan approval, or any provision within a site plan agreement made pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, that is applicable to land that is subject to this By-law. 2.4 No Owner shall permit any activity on their property within the Municipality that is prohibited by this By-law. Attachment 2 to Report LGS-012-21 2.5 Nothing in this By-law exempts an Owner of a farm property from any requirement in any Zoning By-law, or in any way changes the land uses permitted for a farm property pursuant to any Zoning By-law. Hours of Operation / Seasonality 2.6 No person shall conduct an On -Farm Special Event, a. between the hours of 11:00 PM and 10:00 AM; or b. on a date outside the range of May 1 to October 31. Frequency 2.7 No Person shall host more than one On -Farm Special Event on the same property within the Municipality in any consecutive three-day interval. 2.8 No Person shall host more than two On -Farm Special Events within the Municipality on the same property in any consecutive seven-day interval. Attendance 2.9 Maximum attendance at an On -Farm Special Event shall be the lesser of the capacity determined through the approved Site Plan Agreement, or 300 people. 2.10 No person conducting an On -Farm Special Event shall permit more than the maximum number of attendees as stated in the On -Farm Special Event Licence to attend the event, including persons participating in or working at the event. PART 3 — LICENSING Applications 3.1 Every application for a Licence shall be completed and submitted on forms prescribed by the Municipal Clerk. 3.2 Every application for a Licence shall include, (a) An annual licensing fee of $500.00; (b) The address of the property proposed to be used for On -Farm Special Events; (c) written proof, satisfactory to the Municipal Clerk, that the Applicant is the Owner; (d) A valid farm corporation number for the property; Attachment 2 to Report LGS-012-21 (e) Confirmation of a Municipally approved site plan; and (f) Proof of commercial general liability insurance acceptable to the Director of Finance Services and subject to limits of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, for the duration of the special event. 3.3 Every Licence shall be posted in a conspicuous location on the premises of the On -Farm Special Event. 3.4 A Licensee shall comply with all conditions of a Licence. Review 3.5 The Municipal Clerk is authorized to receive and consider all applications. 3.6 The Municipal Clerk is authorized to issue or refuse to issue any Licence, either with or without conditions. 3.7 As a condition of a Licence, the Municipal Clerk may require that a Licensee enter into an agreement to limit or mitigate the impacts to the occupants of neighbouring properties. 3.8 In addition to any other condition or requirement of this By-law, every Licence issued shall be subject to the condition that compliance with all applicable Federal, Provincial and Municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements is required. Refusal 3.9 The Municipal Clerk shall refuse to issue or renew a Licence if, (a) the Applicant is not the Owner of the subject property; (b) the Applicant is not at least 18 years of age; (c) the application is incomplete; (d) the prescribed Licence fee has not been paid; (e) the Applicant submits false, mistaken, incorrect or misleading information in support of the application; (f) an Enforcement Officer, by way of inspection, has determined that the property is not in compliance with the approved Site Plan Agreement; or (g) There is reason to believe that the carrying on of the On -Farm Special Event(s) at the property would contravene any applicable condition, rule, or law. Attachment 2 to Report LGS-012-21 General 3.10 Licences are not transferrable. 3.11 The issuance of a License does not represent a commitment by the Municipality or the Municipal Clerk to issue a Licence in a subsequent year. Term 3.12 Licences are valid from the date of issuance and expire on November 1 in the calendar year in which they are issued, unless revoked or suspended at an earlier date. PART 4 — MANAGEMENT AND RECORDS 4.1 Every Licensee shall retain records of any On -Farm Event activity for the period of six months following the end of the term of the Licence. PART 5 — ENFORCEMENT 5.1 Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. Powers of Entry r 5.2 An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. 5.3 For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; Attachment 2 to Report LGS-012-21 (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 5.4 In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. OBSTRUCTION \u/_ 5.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. Suspension of Licence 5.6 The Municipal Clerk may suspend a Licence if the Licensee fails to comply with any provision of this By-law and such non-compliance is not remedied within 7 days, or other time period as deemed appropriate by the Municipal Clerk, following notice from the Municipality specifying the particulars of the non- compliance. Revocation of Licence 5.7 The Municipal Clerk may revoke a Licence if, (a) it was issued in error; (b) it was suspended in accordance with the provisions of this By-law and no satisfactory evidence of compliance has been filed with the Municipality within 60 days from the date of suspension; Attachment 2 to Report LGS-012-21 (c) it was issued as a result of false, mistaken, incorrect, or misleading statements, information or undertakings contained in the application or any supporting materials; (d) the Licensee is not in compliance with any Licence condition; or (e) upon the request of the Licensee. 5.8 The Municipal Clerk shall immediately inform the Licensee of a revocation and the reasons for it by means of contacting the Licensee at the address provided in the application. The Municipal Clerk shall also notify all affected agencies. Offences and Penalties 5.9 Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 5.10 Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. 5.11 Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 5.12 If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 5.13 Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. Severability 5.14 Each section of this By-law is an independent section, and the holding of any section or part of any section of this By-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this By- law. Attachment 2 to Report LGS-012-21 PART 6- GENERAL Short Title 6.1 The short title of this By-law shall be the "On -Farm Special Event Licensing By- law". Effective Date 6.2 This By-law shall be effective on the date that it is passed. By-law passed this XX day of XX, 2021 Adrian Foster, Mayor June Gallagher, Municipal Clerk Attachment 3 to Report LGS-012-21 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2020-XXX Being a by-law to regulate On -Farm Special Events WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: DEFINITIONS In this by-law, "Enforcement Officer" means a Provincial Offences Officer as defined under the Provincial Offences Act, R.S.O. 1990, c. P.33; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "On -Farm Special Event" means a social gathering outside of normal farm practices on lands zoned to permit special events as a use that is secondary to the agricultural farming operations; "Owner" means the registered or beneficial owner of farm property; "Person" means an individual or a corporation, and "Persons" has a corresponding meaning; "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109, or their successors. References 2. In this By-law, reference to any Act or by-law is reference to that Act or by-law as it is amended or re-enacted from time to time. 3. Unless otherwise specified, references in this By-law to Parts and sections are references to Parts and sections in this By-law. Word Usage 4. This By-law shall be read with all changes in gender or number as the context requires. 5. In this By-law, a grammatical variation of a word or expression defined has a corresponding meaning. Application 6. This By-law applies to all On -Farm Special Events in the Municipality unless otherwise specified. Prohibitions 7. The Owner or designate must be on scene during the On -Farm Special Event. 8. No Person shall contravene any condition of site plan approval, or any provision within a site plan agreement made pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, that is applicable to land that is subject to this By-law. 9. No Owner shall permit any activity on their property within the Municipality that is prohibited by this By-law. 10. Nothing in this By-law exempts an Owner of a farm property from any requirement in any Zoning By-law, or in any way changes the land uses permitted for a farm property pursuant to any Zoning By-law. 11. No Person shall conduct an On -Farm Special Event, a. between the hours of 11.00 PM and 10.00 AM; or b. on a date outside the range of May 1 to October 31. 12. No Person shall host more than one On -Farm Special Event on the same property within the Municipality in any consecutive three-day interval. 13. No Person shall host more than two On -Farm Special Events within the Municipality on the same property in any consecutive seven-day interval. 14. Maximum attendance at an On -Farm Special Event shall be the lesser of the capacity determined through the approved Site Plan Agreement, or 300 people. 15. No person conducting an On -Farm Special Event shall permit more than the maximum number of attendees as stated in the On -Farm Special Event Licence to attend the event, including persons participating in or working at the event. ENFORCEMENT 16. Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. POWERS OF ENTRY 17. An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. 18. For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; V4Z _Iqw" (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 19. In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (d) this By-law; (e) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (f) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. OBSTRUCTION 20. No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. OFFENCES 21. Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 22. Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. 23. Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 24. If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 25. Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. SEVERABILITY 26. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Municipality to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect. CONFLICT 27. In the event of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. SHORT TITLE 28. The short title of this by-law shall be the "On -Farm Special Event By -Law". EFFECTIVE DATE 29. This by-law shall come into force and take effect on the date it is enacted by the Municipality. By-law passed this XX day of XX, 2021 Adrian Foster, Mayor June Gallagher, Municipal Clerk IL, 4y