Ancient lot-size bylaw raises a stink

WAYNE CAMPBELL

A bylaw not enforced for 30 years will remain unenforced.

The Town of Pelham’s bylaw enforcement officers will hold off while town council finds a way to amend a provincially imposed bylaw on lot size limits for raising animals.

Council chambers was filled Monday night with rural residents annoyed about a possible 10-hectare requirement.

Jim and Sandy Jeffs, in a letter to town council, pointed out they have had horses for 40 years and just replaced their paddock fence.

Ward 1 Coun. Marvin Junkin, commenting on the letter, said a petition with 700 signatures calls for the municipality getting rid of the bylaw. It came to light, he said, during a neighbour-versus-neighbour dispute. One of the parties used it to file a complaint.

It is not, however, a bylaw created by Pelham council, Junkin said.

Since it was a provincial restriction applied across all municipalities, changing it would require a zoning adjustment. The town is about to update the town’s comprehensive zoning bylaw, Junkin pointed out.

Town council asked for a report from staff on how to deal with the bylaw outlining distances between barns and neighbouring residences.

Planning director Barbara Wiens said the minimum lot size bylaw is intended to ensure a lot is large enough for a viable farm operation. She said there are a variety of lot sizes with those in Niagara, for example, generally smaller than those in southwestern Ontario.

The guidelines issued by the province, Weins said, depend on types of animals involved and issues such as odours.

The bylaw applies to the creation of new lots, Wiens said. “Existing lots are recognized.” She will bring a report to council in September dealing with the letter’s concerns and how to adjust the bylaw.