What are the OMAFRA guidelines for On-farm Diversified uses?
The Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA) created the "Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas" to assist municipalities in what OMAFRA feels protects “prime farmland” while providing opportunities for different income streams for farmers. It's important to remember that it is a guideline, it is not a rule, nor a policy.
Therefore, each municipality can interpret or choose to follow it or not. Before we dive into providing a summary, be sure to get the OMAFRA Guidelines by clicking the link. We belive the guidelines can be a helpful guide for you as well as your municipality. If your municipality does not have language and provisions in their official plan or zoning by-law, it will use this as a basis for new documents or requests for zone amendments.
There are three definitions in the guideline you need to fall into.
– Agriculture uses –
Includes normal farm operations and is permitted on all agriculture-zoned lands. It does have uses such as horse riding arenas, sheds, produce washing and cold storage, grain dryers, PYO fields, and accommodations for farm labour.
Credit: OMAFRA Guidelines, Agriculture Uses
– Agriculture Related Uses –
Includes farm-related commercial and farm-related industrial uses that directly benefit from being near farm operations? Providing direct products and services to farms is their primary activity. Examples include produce storage and distribution, farmer's markets selling produce from the area, cider & winemaking, grain dryers, abattoirs, farm equipment repair shops, farm supply stores, and auction houses.
It's important to note that winemaking is related to this criteria, but tasting is not. It's an example of a fine line between related and diversified uses.
Credit: OMAFRA Guidelines, Agriculture-Related Uses
– On Farm-Diversified Uses –
Includes uses that are secondary to the principal agriculture use of the property and are limited in area. Uses could consist of home occupations, agritourism, value-added beyond the surrounding agriculture area (IE, cheese factory not on a dairy), antique shop, BnB, overnight accommodations, cafes, restaurants, event venues, equine events, retreats, zip-lines, pay farms, etc.
Credit: OMAFRA Guidelines, Agriculture-Related Uses
Farm First
Which use are you?
You will likely relate to multiple categories. If you do not have any primary agriculture uses, your requests for zone amendments and permissions will be complicated as the premise of the guideline is to protect farmland. So, taking a "farm first" approach and building up to the other tiers is essential.
This is why Wedding Barns are getting more difficult as they don't require the farm to be there first and often become entirely unrelated to the agriculture operation, sometimes even in opposition. They also take up the 2% or 1% hectare VERY quickly!
So, what does this have to do with zoning permissions at your local level?
Some municipalities have adopted this policy already into their official plans and zoning. Others have not and are still catching up. Some have adopted but changed and adjusted the details to be more specific and suit their area.The "permitted uses" under your zoning category is the most critical place to review your zoning. Make sure you check the definitions section of the zoning to examine the precise definition. Common sense is not always common in planning documents.
Is your permitted use listed in the Zoning By-Law?
IF YES..
The next step is to review the specific rules found later in the zoning section related to your property. You will find things such as the area restrictions or other permitted-use conditions. Try to meet these limits if you are allergic to paperwork and red tape!
IF NO..
If your zoning list does not list on-farm diversified, agritourism, or other similar uses, you are not allowed to have these uses. You will be required to apply for zoning amendments, minor variances, etc. These are public processes with council and public meetings and will require planners and consultants to create justification reports based on the OMAFRA guidelines. Your journey will likely take a few years to complete a building permit.
If your municipality has not adopted the guidelines, we recommend that you wait six months to a year to allow zoning and officials to align with the OMAFRA guidelines.
Regardless of the YES or NO to the question, ask your municipality about their Site Plan Approval process. See future blog posts about this topic.
Hierarchy of authorities and related Policies
The 2% rule!
Once you establish your uses or combination of uses, there are restrictions to the area, particularly the on-farm diversified uses. The main rule is that the area taken up by the on-farm diversified use must be less than 2% of the property of 1 hectare, whichever is lesser. Sometimes, depending on the nature of the property or use, you can argue for more, but not often. The 2% rule does present problems when dealing with smaller properties.
This area is calculated by adding all the areas associated with the on-farm diversified uses together, such as septic, parking, buildings, pay area, patios, lanes, etc. You can see how you will hit the 2% quite quickly!
Creative calculating!
There are some creative measures you can take with your areas. For example, farm lanes can often be counted as zero or 50% if their primary purpose is for farm equipment. Or parts of a building can fall into the on-farm diversified use and parts in the related use. Pick your own (PYO) fields could be the agriculture uses, but infrastructure such as tickets, markets, parking, etc., could be in the diversified uses.
Some municipalities also give 50% credits if you reuse an existing building (such as a barn conversion). Sometimes, there are also limits on the related uses, but that depends on the particular municipality. So, it's vital to get a planner or consultant familiar with the OMAFRA guidelines to help you through the red tape of your municipality so they can do the creative math.
Zoning Submission Area Calculation by VELD architect
If you want help to walk you step by step through your zoning by-law or Official Plan, then download our Authorities Workbook, where we take you into more detail about these documents.
Again, remember the OMAFRA Guidelines are a reference point only, not rules. It can be used as an argument for your desired plan, or it can help you better relate to the definitions you might find in the official plan and zoning documents.
Good luck with your project!