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2017-016 Amend Zoning By-Law 97-95, as amended (Backyard Chickens)The Corporation of the Township of Oro-Medonte By-law No. 2017-016 A By-law to Amend Zoning By-law 97-95, as amended (Backyard Chickens) Whereas Section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that powers of every Council are to be exercised by by-law unless specifically authorized to do otherwise; and And Whereas Section 8(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides Municipalities with broad authority to govern affairs as it considered appropriate and to enhance the Municipality's ability to respond to municipal issues; and And Whereas Sections 11 (1) and (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may provide any service of thing that the Municipality considered necessary or desirable for the public in respect to the economic, social, and environmental well-being of the municipality and the health, safety, and well- being of persons; and And Whereas Sections 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction: animals, and And Whereas Council endorsed Staff Report DS2016-087 — Proposed Amendment to Township's Zoning By-law 97-95, as amended for Backyard Chickens and deems it expedient, necessary and in the public interest to regulate the keeping of backyard chickens in accordance with the Zoning By-law for the purpose of public health and safety; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That a new Section 5.39 be added into the General provisions of Zoning By-law 97- 95, as amended as follows: "5.39 BACKYARD CHICKENS - Notwithstanding where agricultural uses, intensive are permitted in the Agricultural/Rural (A/RU) Zone, backyard chickens shall be permitted in the A/RU Zone as an accessory use to a single detached dwelling. Chicken coops and chicken manure storage shall be considered accessory buildings or structures. The following provisions shall apply to the placement of the coop and manure storage structures: (a) Coops and manure storage structures may be built together, separately, or within an existing building/structure. (b) The coop and manure storage structure, exclusive of the outdoor enclosure, shall not cumulatively exceed an area of 10 square metres. (c) Coop and manure storage structures shall not be located closer to a front lot line or exterior side lot line than the front or exterior side or wall of the single detached dwelling; (d) Coops and manure storage structures shall be included within the maximum lot coverage calculations for accessory buildings or structures (Section 5.1.5); (e) Coops shall be set back a minimum of 2 metres (6.5 feet) from the rear lot line or interior side lot line; and (f) Manure storage structures shall be set back a minimum of 3 metres (9.8 feet) from the rear lot line or interior side lot line. (g) MDS shall not apply to backyard chicken uses; (h) The keeping of roosters is prohibited; (i) Sale of eggs, manure, or other products associated with the keeping of backyard chickens is prohibited. 2. That Section 6.0 – DEFINITIONS - is hereby amended by adding the following new definitions: "BACKYARD CHICKENS means the accessory keeping of a maximum of six (6) hens for the purposes of companionship as a pet or of providing food for personal consumption of occupants of the dwelling on the same lot; and does not include accessory livestock, or agricultural uses otherwise defined by the Township of Oro- Medonte's Zoning By-law." "COOP means a fully enclosed weatherproof building where hens are kept and which the interior of includes nest boxes for egg laying, perches for the hens to sleep on and food and water containers." "HENS means a domesticated female chicken that is at least four months old." 3. This By-law shall take effect on the final passing thereof, subject to the provisions of the Planning Act, as amended. By-law read a First, Second and Third time, and Passed this 1st day of February, 2017. The C rporation f the Township of Oro-Medonte ,a4 or, .S ughes . S�� ==. — Dep ty Clerk, Janette Teeter