The applicant sought a determination that the Minimum Distance Separation (MDS) requirements of a municipal zoning by-law restricted its ability to carry on a normal farm practice by preventing the expansion of its swine operation.
The by-law required a doubling of the MDS because the proposed expansion was near a municipal complex.
The Normal Farm Practices Protection Board found that the existing operation was a normal farm practice.
The Board held that the proposed expansion as originally sited was not a normal farm practice, but would be if modified to comply with the standard MDS without the doubling factor, given the site-specific circumstances including the prior establishment of the farm and the restrictive nature of the institutional use in an agricultural area.
