WHEREAS Section 38(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, authorizes the council of a municipality to pass an interim control by-law where the council has directed that a review or study be undertaken in respect of land use planning policies in the municipality, or in any defined area or areas thereof;
AND WHEREAS Council hereby seeks to commission a study for the purpose of informed decision-making with respect to the recently proposed housing of agricultural workers on lands and in buildings and structures not situated on the very lands where those agricultural workers are employed;
AND WHEREAS the Town of Kingsville’s Official Plan and Comprehensive Zoning By-law currently do not provide guidance and/or policy with respect to the suitability of the housing of agricultural workers on lands and in buildings and structures not situated on the lands where those agricultural workers are employed.
AND WHEREAS the Council of the Town of Kingsville deems both desirable and expedient to commission a study as a preclude to the enactment of an interim control by-law that would provide the Town with the requisite time and resources to study the potential benefits and pitfalls of allowing off-site agricultural housing in the community.
BE IT RESOLVED that the Council of the Town of Kingsville hereby commissions and directs Town Administration to prepare and/or obtain a study of the issue of offsite agricultural housing in the Town of Kingsville, and that this resolution is passed providing Town Administration with the necessary authority to see that such a study is prepared for the benefit of the Town.
Document 2. Proposed By-law of The Corporation of the Town of Kingsville to establish Interim Control on lands within The Corporation of the Town of Kingsville
Acting Clerk S. Kitchen then read aloud the proposed By-law to establish Interim Control on lands within The Corporation of the Town of Kingsville as follows:
WHEREAS Section 38(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, authorizes the council of a municipality to pass an interim control by-law where the council has directed that a review or study be undertaken in respect of land use planning policies in the municipality, or in any defined area or areas thereof;
AND WHEREAS Council has directed, by resolution, that a background study be undertaken to review the land use planning policies related to agricultural worker housing in respect of the lands within the Town of Kingsville;
AND WHEREAS it is deemed desirable and expedient to enact this interim control by-law to provide the Town with the necessary time to complete the study and allow Council to consider the results of such study.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
- The provisions of this by-law shall apply to all lands within the Town of Kingsville.
- Notwithstanding any other by-law to the contrary, no person shall, on lands located within the Town of Kingsville, use any land, building or structure for agricultural worker housing that is situated off the agricultural lands where those workers are employed. The provisions of this by-law shall not apply to off-site worker housing that lawfully existed on the date of the passage of this by-law as long as it continues to be used for such purpose.
- Where any conflict exists between the provisions of this by-law and any other by-law of The Corporation of the Town of Kingsville this by-law shall prevail.
- If any provision or requirement of this by-law, or the application thereof to any person, shall to any extent be held to be invalid or unenforceable, the remainder of this by-law or the application of such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable, shall not be affected thereby, and each provision and requirement of this by-law shall be separately valid and enforceable to the fullest extent permitted by law.
- This by-law shall come into force and take effect on the day it is finally passed and shall remain in effect for one (1) year from the passage of this By-law unless otherwise extended in accordance with Section 38 of the Planning Act, or repealed by Council at an earlier date.--A recorded vote was requested.