5. Schematics for MDS Implementation

Table of Contents

1. Introduction
2. Schematic Diagrams

5.1 Introduction

The following schematic diagrams have been provided, to assist practitioners in implementing and applying the 2006 version of the Minimum Distance Separation (MDS) formulae.

The diagrams are meant to convey realistic scenarios and challenges when applying the MDS formulae. Thus some diagrams depict plausible land use changes or development, while others may depict situations that do not meet the MDS formulae or would not be consistent with the Provincial Policy Statement, 2005. Each diagram clearly references the MDS implementation guideline it is applicable too, along with the corresponding text from the 2006 version of the MDS formulae.

Below is a complete legend for interpreting the diagrams included within this section. In addition each diagram has a miniature legend identifying only the elements included on that diagram.

5.2 Schematic Diagrams

1. Guideline #5: MDS I - When MDS is Implemented and Applied
2. Guideline #5: MDS II - When MDS is Implemented and Applied
3. Guideline #8: MDS I - MDS and Consent Applications
4. Guideline #9: MDS I - MDS and Zoning By-Law Amendments
5. Guideline #10: MDS I - MDS and Official Plan Amendments
6. Guideline #12: MDS I - Existing Uses that Do Not Conform to MDS
7. Guideline #12: MDS II - Existing Uses that Do Not Conform to MDS
8. Guideline #16: Ownership of Adjacent Land by Same Owner
9. Guideline #22: MDS I - Anaerobic Digesters and Co-Substrate Input Tanks
10. Guideline #22: MDS II - Anaerobic Digesters and CO-Substrate Input Tanks
11. Guideline #35: MDS I - Type A Land Uses
12. Guideline #35: MDS II - Type A Land Uses
13. Guideline #36: MDS I - Type B Land Uses
14. Guideline #36: MDS II - Type B Land Uses
15. Guideline #41: MDS I - Measurement of MDS
16. Guideline #41: MDS II - Measurement of MDS
17. Guideline #42: MDS I - Measurement of MDS for Lot Creation
18. Guideline #43: MDS I - Measurement of MDS for Development on Existing Lots

Guideline # 5: MDS I - When MDS is Implemented and Applied

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MDS I is applied at the time of planning and/or development review for proposed new development, such as lot creation, building permits for development on a lot in accordance with Implementation Guideline #6, rezoning or redesignation of agricultural land to permit development, via official plan amendment or zoning by-law amendment in proximity to existing livestock facilities on an existing or proposed separate parcel of land.

Guideline # 5: MDS II - When MDS is Implemented and Applied

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MDS II is applied at the time of building permit application to build a first or expanded livestock facility.

Guideline # 8: MDS I - MDS and Consent Applications

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MDS I is applied to a proposed lot, vacant or with existing structures.

Where a new lot is proposed with an existing dwelling, and that dwelling is already located on a lot separate from the subject livestock facility, MDS I is not applied as the potential odour conflict is already present between the neighboring livestock facility and the existing dwelling. However, municipalities may choose to apply MDS I from the neighboring livestock facility to a proposed lot with an existing dwelling. Direction to apply MDS I in these circumstances should be clearly indicated in the municipality's planning documents (see top diagram).

MDS I is applied to a proposed lot with an existing dwelling when that dwelling is presently located on the same lot as the subject livestock facility (see lower diagram).

Guideline # 9: MDS I - MDS and Zoning By- Law Amendments

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MDS I is applied when new development is proposed by way of a re-zoning in a zone where agriculture is a permitted use.

Guideline # 10: MDS I - MDS and Official Plan Amendments

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MDS is applied to lands being considered for non-agricultural designation through the official plan amendment process.

Guideline # 12: MDS I - Existing Uses That Do Not Conform to MDS

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MDS I is applied to new proposed development, even though there may be existing nonagricultural uses that do not conform to MDS I requirements. Where there are four, or more, existing non-farm uses closer to the subject livestock facility and in immediate proximity (see bottom diagram) to the current application, MDS I will not be applied (see top diagram). The current application must not be closer to the livestock facility than the four, or more, existing non-farm uses.

Guideline # 12: MDS II - Existing Uses That Do Not Conform to MDS

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MDS II is measured from the proposed new construction of an expanding livestock facility(ies) even though there may be parts of the existing livestock facility that do not conform.

Guideline # 16: Ownership of Adjacent Land by Same Owner

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MDS is applied regardless of the ownership of adjacent or adjoining legally separate lots. Ownership of adjacent or adjoining legally separate lots by the same owner does not prevent the application of MDS.

Guideline # 22: MDS I - Anaerobic Digesters and CO-Substrate Input Tanks

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Co-substrate input tanks (CSIT) may be installed to store imported agricultural or nonagricultural materials prior to input into an anaerobic digester (AD).

The required MDS I separation from a CSIT and/or AD is 125m regardless of size or type, and whether greater or lesser MDS I setbacks are calculated based on the livestock nutrient unit capacity or potential nutrient unit capacity based on tillable hectares.

Guideline # 22: MDS II - Anaerobic Digesters & CO-Substrate Input Tanks

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CO-substrate input tanks (CSIT) may be installed to store imported agricultural or nonagricultural materials prior to input into an anaerobic digester (AD).

The required MDS II separation from a CSIT and/or AD, regardless of size or type is: 125 m for Type A land uses; 250m for Type B land uses; 125m to the nearest neighbours house; 13m to the nearest lot line; and 25m to the nearest road allowance.

Guideline # 35: MDS I - Type A Land Uses

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Type A land uses are typically characterized by uses that have a lower density of human occupancy, habitation or activity.

For the purposes of MDS I, Type A land uses include applications to rezone or redesignate agricultural lands for industrial, agriculturally-related commercial/industrial or recreational use - low intensity purposes.

Type A land uses include applications to permit: construction of a dwelling on an existing lot where the municipality has determined that MDS I should be applied; or the creation of up to three lots either by consent or plan of subdivision.

Guideline # 35: MDS II - Type A Land Uses

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For the purposes of MDS II, Type A land uses include areas zoned or designated industrial, agriculturally-related commercial/industrial or recreational use - low intensity.

Type A land uses include residential dwellings on lots zoned agriculture, rural residential, residential, or other similar zoning. This includes existing residential uses on separate lots not recognized through Official Plan designation as a residential area.

Guideline # 36: MDS I - Type B Land Uses

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Type B land uses are typically characterized by uses that have a higher density of human occupancy, habitation or activity.

For the purposes of MDS I, Type B land uses include applications to rezone or redesignate agricultural lands for residential, institutional, recreational use - high intensity, commercial or settlement area purposes.

Type B land uses include applications to permit: creation of residential subdivisions in rural areas, or; expansion of a settlement area, or creation of multiple residential developments, or; the creation of a lot which results in a rural residential cluster.

Guideline # 36: MDS II Type B Land Uses

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For the purposes of MDS II, Type B land uses include areas zoned or designated settlement area, recreational use high - intensity, institutional, or commercial. Type B land uses include areas designated in an Official Plan as residential for residential subdivisions, or multiple residential, or estate residential development.

Guideline # 41: MDS I - Measurement of MDS

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For MDS I, measurements are taken as the shortest distance between the area to be rezoned or redesignated and the livestock occupied portion of the livestock facility (or storage).|

Guideline # 41: MDS II - Measurement of MDS

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For MDS II, measurements are taken as the shortest distance between the point of new construction for the livestock occupied portion of a first or expanded livestock facility and the dwelling/lot line/road allowance/or area zoned or designated.

Guideline # 42: MDS I - Measurement of MDS for Lot Creation

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For MDS I, measurements are taken as the shortest distance between the lot line of the lot being created and the livestock occupied portion of the livestock facility (or storage) (see top diagram ).

Where larger lots may be permitted (generally greater than 1 ha), a suitable location must be identified for a 1 ha building envelope outside the MDS I setback (see lower diagram).

Guideline # 43: MDS I - Measurement of MDS for Development On Existing Lots

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Where a municipality chooses to apply MDS I to development proposed through building permit on an existing lot, measurements are taken as the shortest distance between the dwelling or other structure to be constructed and the livestock occupied portion of the livestock facility.

Note: On the diagram above, the hatched area within the proposed lot represents the portion of the lot where a proposed dwelling could not be sited in order to meet MDS requirements.