Cows can stay if farming operation run continuously despite zoning

Posted Jan 26, 2012 By Craig Bakay

EMC News Perhaps the lesson should be, just because a property is zoned residential doesn't mean there won't be any cows on it.

Richard Thompson and his wife Donna found that out when they moved to a property on Arthur Road in Inverary in 2008.

Thompson was at South Frontenac Township's Committee of the Whole last week in Sydenham looking for some solution to his dilemma.

In a letter to Council, Thompson said that they had been living across the road from a working farm with 800 head of livestock when they decided to move to Inverary.

"With both of us being from a rural community, we knew that we did not want to live beside a working barn yard," he said.

Thinking that because regulations don't allow a residential home to be built within 1,000 feet of a working barn and there were "already two newer houses closer than 1,000 feet, we did not foresee any problems."

However, even though a property might be zoned residential, if it historically has been a farm, farming operations are allowed to continue.

"My house shows as residential but it's been a farm forever," said Coun. Ron Vandewal.

When Thompson first brought the situation to the attention of Township Planner Lindsay Mills, Mills agreed with Thompson's assessment that there was a breach of a Township bylaw, but upon further research it was determined that some form of farm operation had continued on the property for many years.

Thompson disagreed, showing aerial photographs from 2002, 2005, 2007 and 2008 that showed no cattle.

The photographs didn't prove much to Vandewal.

"According to the photographs, it was summer," Vandewal said. "The cattle may have been at other pasture.

"In winter, they could have been in the barn.

"I'm not taking sides here but it's a he-said-she-said."

Mills said that although they did send a letter informing the owner of the property of a breach of the bylaw, the Township couldn't prove that farming hasn't been kept up continuously.

"So, it's a legal non-conforming use," Mills said. "If it stopped, it couldn't be started up again but as it is now, if it went to court, I don't see how either side could win."

Thompson suggested that a severance off his property to create a buffer zone might be a solution.

Mayor Gary Davison said: "We certainly have a lot of information to look over but we'll get back to you."