Surplus Farm Dwelling

Eligibility Requirements

The requirements for a surplus farm dwelling come from three different levels of government. The Province of Ontario provides direction in the Provincial Policy Statement, the Regional Municipality of Niagara provides direction in the Regional Official Plan and the Township of Wainfleet provides direction in the Township of Wainfleet Official Plan.

Requirements:

• the property is owned by a bona fide farmer and the dwelling is surplus to his/her needs;
• the dwelling is habitable (has services such as hydro, water and septic and is considered a safe building under the Ontario Building Code);
• both the new lot (surplus farm dwelling) and the remnant agricultural parcel have safe access to an open and maintained public road;
• the new lot (surplus farm dwelling) is limited to the minimum size needed to accommodate the dwelling and appropriate sewage and water services;
• the new lot (surplus farm dwelling) is located to minimize the impact on the remaining agricultural operations and where possible, joint use is made of the existing road access to the agricultural operation.
• the new lot (surplus farm dwelling) complies with the Minimum Distance Separation (MDS) guidelines
• the remnant agricultural parcel is rezoned to prohibit dwellings.

A bona fide farmer is someone who:

• owns, is employed on, and manages an agricultural operation;
• earns a majority of his/her income from farming (the scale of the farm operation should be capable of generating a reasonable operating profit under “normal” economic conditions);
• spends a majority of his/her working time on the farm and is available to work on the farm when required by the agricultural operation;
• demonstrates a continuing commitment to the agricultural operation, such as through farm maintenance practices, and investment in equipment, buildings, and crops;
• for the purposes of this definition, a farmer is defined as the principal operator of the farm together with his/her spouse.

To discuss whether or not you meet the requirements for a surplus farm dwelling, please contact the Planner.

Application Process

A surplus farm dwelling requires two applications – a consent (severance) application and a zoning bylaw amendment application. The consent application is considered by the Committee of Adjustment and if approved, gives you permission to sever the lot with the surplus dwelling from the agricultural parcel. As a condition of approval for the severance, you are required to rezone the agricultural parcel to prohibit any future dwellings through a zoning bylaw amendment application. Zoning bylaw amendments are considered by Council.

Consent Application Information Brochure

Zoning Bylaw Amendment Information Brochure

Application Forms

• Pre-Consultation Meeting Request Form
• Consent Application (severance)
• Surplus Farm Dwelling Supplemental Information Sheet
• Zoning Bylaw Amendment Application