Zoning & Land Use · Bylaw 156-2023

In Ormstown's farm zones, council can authorize two kinds of activity case by case

Bylaw 156-2023 lets council authorize, case by case, a complementary use on a residential property or the storage, conditioning or processing of farm products in zones A and AD, where zoning does not allow it. Fines start at $1,000, and every day counts as a new offence.

The copy the town has posted is an administrative consolidation that says it has no official value. It prints no adoption or in-force date.

The Ormstown Observer · Bylaws & Regulations Explainer

Key takeaway

Why this bylaw exists

Its stated purpose is to authorize, under certain conditions, a use that the zoning bylaw does not allow in the zone concerned. Council judges the request against the bylaw's criteria after hearing from the planning advisory committee (Comité consultatif d'urbanisme, CCU), and can set its own conditions (art. 1.3). Article 4.2 says it takes effect under Québec's land-use planning act (Loi sur l'aménagement et l'urbanisme) and the Code municipal, and gives no date. It does not say it replaces an earlier bylaw.

That copy (codification administrative) has no preamble and no date of notice of motion, adoption or entry into force. Its signature block is unsigned.

Which uses can be authorized

Article 1.4 lists two, both inside zones A and AD of the zoning plan of zoning bylaw 148-2023 (art. 1.15):

Article 1.13 applies the terminology of the permits and certificates bylaw in force. Bylaw 151-2023, titled "Règlement sur les permis et certificats", defines a complementary use as an activity carried on alongside a single-family dwelling, in the house, an accessory building or on the property (Bylaw 151-2023, terminology). An authorization still needs a building permit, certificate of authorization or occupancy certificate (art. 1.4).

How an application works

  1. File with the townAt least 7 days before the CCU meetingThe application goes to the designated official (fonctionnaire désigné), with the fees. A non-owner needs the owner's power of attorney (art. 2.2).
  2. Admissibility checkAnswer within 30 daysA non-conforming project is declared inadmissible in writing; an incomplete file is suspended until completed (art. 2.2).
  3. CCU reviewNo more than 30 working daysThe CCU studies the file against the criteria, can ask for more information, and makes a written recommendation, possibly with conditions. It goes to council within a reasonable time not exceeding 30 working days (art. 2.5–2.6).
  4. Public notice and signAt least 15 days before the sittingThe clerk publishes a public notice and posts a sign on the property announcing the sitting, the request, and the right of any interested person to be heard (art. 2.7).
  5. Council decisionBy resolution, with any conditions within the municipality's powers. A refusal states its reasons. The applicant gets a certified copy as soon as possible (art. 2.8).
  6. Permit or certificateIssued only after the certified copy is obtained, if the project meets every other planning rule apart from the use itself and the resolution's conditions are met (art. 2.9).

The file must include the signed official form, a description of the use (hours, traffic, machinery, materials, storage), the measures against nuisances such as noise, dust and odours, and a land surveyor's site plan or certificate of location. In an agricultural zone, it must also name the farm products involved and explain how the use will strengthen farming (art. 2.3).

The evaluation criteria

Some criteria say "must" (doit), others "should" (devrait).

Complementary use on a residential property (art. 3.1)

Storing, conditioning or processing farm products (art. 3.2)

After approval

Any change to the plans or documents needs a new application and fee (art. 2.10). The resolution lapses if no permit or certificate application is filed within 12 months, or 12 months after the permit or certificate expires if the work isn't finished. It and any permit become void if the use breaches a criterion or a condition, or if they were granted on false or erroneous information (art. 2.11). Article 2.11 does not say from what date the 12 months are counted.

What it costs

The fee is set by the fee-schedule bylaw in force (art. 2.4). In Bylaw 39-2026 (in force June 1, 2026), lines 64 and 65 print no amount:

Line (Bylaw 39-2026)As printedFee
64Usage conditionnel (voir conditions ligne 65)None printed
65PPCMOI (voir conditions ligne 65)None printed

Penalties

Anyone who breaks the bylaw commits an offence. The bylaw sets these fines (art. 4.1):

OffenceFine
First offence, individual (personne physique)$1,000
First offence, company (personne morale)$2,000
Second offence, individual$2,000
Second offence, company$4,000

The second-offence amounts apply to a second offence against a provision of which the person had already pleaded or been found guilty less than 12 months before the date sentence is pronounced on the second offence. Each day an offence continues is a separate offence (art. 4.1).

What this means for residents

In zones A and AD, council can authorize by resolution a complementary use on a residential property in agricultural territory, or storing, conditioning or processing farm products beyond the framework of the agricultural land protection act (art. 1.4, 2.8). Before the sitting, the application goes to the CCU, and a public notice and a sign on the property are posted at least 15 days ahead (art. 2.6, 2.7). An approval lapses if no permit or certificate application is filed within 12 months (art. 2.11).

Sources

This explainer summarizes the bylaw in plain language. The French text is the official version; check it, or ask the municipality, before relying on any detail.

This bylaw explainer is presented as a courtesy of The Ormstown Observer in the interest of promoting a better understanding of the rules and regulations that govern the community. The content presented in Bylaw Explainers is provided for educational and informational purposes only and does not constitute legal advice, legal opinion, or a substitute for professional legal counsel.