THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER 2002-09 BEING A BY-LAW TO REGULATE HEIGHT AND DESCRIPTION OF LAWFUL FENCES WHEREAS paragraphs 25, 26, 27 and 28 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, provides that Municipal Council may pass by-laws regulating the height and description of lawful fences, and WHEREAS the Council of the Corporation of the City of Clarence-Rockland deems it desirable and in the public interest to adopt a fence By-law; NOW THEREFORE the Council of the Corporation of the City of Clarence-Rockland enacts as follows: 1. DEFINITIONS Chief Building Official means the Chief Building Official of the City of Clarence-Rockland appointed or constituted or a subordinate under his authority. City means the Corporation of the City of Clarence-Rockland; Construct, erect, construct and/or erect shall mean build, reconstruct or relocate, and shall include any preliminary physical operations such as cutting, grading, excavating, filling or draining, or any altering of any existing structure by an addition, extension or any other structural change; Existing means existing as of the date of the passing of this by-law; Fence means a hedge, any structure, partition or manufactured material which is erected for the purpose of screening, safeguarding, or inclosing a piece of land, or to divide a piece of land into distinct portions or enclosing property, persons, livestock, pets, material, or for delineating property lines. An enclosure about a field or other space or about any object; especially an enclosing structure of wood, iron or other materials, intended to prevent intrusion from without or straying from within; Gate means any movable barrier, swinging, sliding or otherwise used to fill or close an access and includes a door; Grade means the elevation of the finish surfaces of the ground immediately surrounding a fence; Hedge means a fence composed of naturally growing material, which is densely planted and intended to be maintained at an even height; Municipal Law Enforcement Officer means a peace officer appointed under Section 15 of the Police Services Act to enforce by-laws.
Non conforming means that which does not conform, comply or agree with the regulations of this by-law on the date of final passing thereof; Person means and includes an individual, an association, a chartered organization, a firm, a partnership or a corporation; Professional Engineer means, for the purposes of this by-law, a person who holds a licence or a temporary licence under the Professional Engineers Act, or his authorized subordinate or assistant; Retaining wall means any structure constructed of concrete, wood, stone, metal, brick or other similar materials which is erected for the purpose of confining earth material; Self latching device means an automatic locking equipment attached to a fence, gate or door which prevents intrusion from without; Sight triangle means on a corner lot, the area located within the triangular space formed by the street lines and a line drawn from a point in one street line, each such point being 7.0 metres measured along the street line from the point of intersection of the street line; Street means any public highway, road, street lane, alley square, place, thoroughfare, way or bridge within the City of Clarence-Rockland and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk and dedicated street; Structure means anything that is erected, built or constructed of parts joined together and supported by the soil or any other structure and/or requiring a foundation to hold it erect; Yard means a space, appurtenant to a building or structure, located on the same lot as the building or structure, and which space is open, uncovered and unoccupied from the ground to the sky; Yard, Front means a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of the main building or structure on the lot, or the nearest open storage use on the lot. Front yard depth means the least horizontal dimension between the front lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot; Yard, Rear means a yard extending across the full width of the lot between the rear lot line of the lot and the nearest part of the main building or structure on the lot, or the nearest open storage use on the lot. Rear Yard Depth means the least horizontal dimension between the rear lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot;
3 Yard, Side means a yard extending from the front lot line to the rear lot line and from the side lot line of the lot to the nearest part of the main building or structure on the lot, or the nearest open storage use on the lot. In the case of a lot which has no rear lot line, the side yard shall extend from the front lot line to the opposite side lot line. Side Yard Width means the least horizontal dimension between the side lot line of the lot and the nearest part of any building or structure on the lot, or the nearest open storage use on the lot; Yard, Side, Exterior means a side yard immediately adjoining a public street; Yard, Side, Interior means a side yard other than an exterior side yard. 2. GENERAL REGULATION a) Every property owner shall ensure that all fences be free-standing, stable, structurally sound and shall be made of materials of good quality and suitable for the purpose, arranged and supported in an orderly and good workmanship like manner. b) Every fence shall be maintained in such a manner that no defects are visible from any street or any property adjoining the property on which the fence is located. c) No person shall construct or cause to construct or erect a fence or permit a fence to remain constructed that includes material which will, does or may in the opinion of the City, adversely affect the safety of the public. d) No person shall construct or cause to construct or erect a fence that obscures a clear view at street intersections, pedestrian or bicycle pathways, driveways or other points of access or egress of vehicular or pedestrian traffic and, more specifically, no fence shall be permitted within the sight triangle of a corner lot. e) Every gate or door within a fence providing access to a municipal park or municipal green space or a body of water shall be supported by substantial hinges and equipped with a self closing and self latching device placed at the top corner of the gate or door and shall be locked, at all times, except when supervised by the owner or any person authorized by the owner. f) The installation of an enclosure shall not alter in any way the existing grades or drainage patterns of the premises, unless otherwise approved by the Professional Engineer. The finished grade shall comply with the approved lot grades or drainage patterns. g) All fences shall be maintained in a good state of repair, free from accident hazards and are subject to inspection by the Chief Building Official or the Municipal Law Enforcement Officer: i) wooden fences with the exception of cedar redwood or specifically pressure treated materials shall be finished with a weather resistant preservative finish;
4 ii) iii) iv) metal fencing shall be constructed of a rust resistant material; all fences requiring maintenance shall be constructed to facilitate this maintenance. Where access is obstructed, the fence shall be constructed with movable sections; and All fences shall be completed within six (6) months of commencing construction. 3. HEDGE FENCE a) Every person shall maintain neatly trimmed a naturally growing hedge, at any time, at a maximum width of 1.2 metres. b) No person shall plant or maintain a naturally growing hedge within 1.5 metres of a property line. c) Subsection 3.b) does not apply: i) with respect to adjoining lands so long as the owners thereof agree that Subsection 3.b) does not apply. d) The maximum height restriction for a naturally growing hedge shall be referred to Section 7 of this by-law. 4. RETAINING WALL a) No person shall construct a retaining wall structure which exceeds 1.0 metre in height within the City of Clarence-Rockland. b) Any construction of a retaining wall in excess of 1.0 metre shall be subject to the provisions of the Ontario Building Code. c) All retaining wall structures must be constructed within property lines and with new materials. Both the retaining wall structure and its location must be approved by the Municipal Planner for the City of Clarence-Rockland and a Professional Engineer, prior to the commencement of construction. d) Notwithstanding the provisions of Subsections 4.a) and c) of this by-law, no person shall construct a retaining wall structure which exceeds 2.0 metres in height without the approval of the Municipal Planner for the City of Clarence-Rockland and a Professional Engineer. The height of the retaining wall structures shall be measured from the lower grade to the top of the retaining wall. e) Every retaining wall built upon or within 3.0 metres of a property line shall be so constructed and finished in such a manner as to present the most attractive side thereof toward neighbouring property.
5 f) Every retaining wall shall be structurally sound and shall be made of materials of good quality and suitable for the purpose, arranged and supported in an orderly and good workmanship like manner and maintained in a good state of repair and free from health and accident hazards. g) The construction of any retaining wall shall not alter in any way the existing grades or drainage pattern of the premises, unless otherwise approved by the Professional Engineer. The finished grade shall comply with the approved lot grades or drainage patterns. 5. FENCES - PROHIBITED TYPES a) No barbed wire, razored wire or electrically charged wire which is intended to give an electrical discharge shall be used as a part or in conjunction with any fence unless otherwise specified in this by-law. b) Barbed wire or electric fences shall be permitted only when used for the confinement of animals for agricultural purposes. c) Where barbed wire or electric fencing is used for the aforementioned reasons, the owner or occupant of land erecting such fencing shall keep clearly posted signs warning persons of the presence of barbed wire or electric fencing. d) Notwithstanding Subsection 5.b) of this by-law, no person shall use or erect barbed wire, razored wire or electrical fencing on a residential property. 6. FENCES - PERMITTED MATERIAL Fences may be of wooden, chain link, stone, wrought iron, brick or similar construction material. 7. MAXIMUM HEIGHT OF FENCES -URBAN AND RURAL RESIDENTIAL USES a) The maximum height of fences extending from the finished grade to the top of the fence on a residential property shall be: i) for a rear yard, 2.0 metres (see Figure 6.a.i.); ii) iii) iv) for the rear yard portion adjacent to a front yard, 2.0 metres (see Figure 6.a.ii); for a rear yard of a through lot, 2.0 metres (see Figure 6.a.iii); for a side yard, provided that the fence does not project in front of the dwelling unit, 2.0 metres (see Figure 6.a.iv); v) for a side yard portion adjacent to a rear yard, 2.0 metres (see Figure 6.a.v); vi) for an exterior side yard provided that the fence does not project in front of the
6 vii) dwelling, 2.0 metres (see Figure 6.a.vi); for a hedge, for a front yard other than specified herein, 1.0 metre (see Figure 6.a.vii). The construction or erection of a fence other than a hedge or a decorative fence shall not be permitted in any front yard; b) Where a front yard abuts to a street, the set back from the front of the property shall be 1.0 metre. 8. MAXIMUM HEIGHT OF FENCES - NON RESIDENTIAL USES a) No person shall erect, permit or maintain upon a non-residential property, a fence in excess of 2.5 metres in height for any side yard or rear yard, provided that: i) the height of the fence is measured from the higher grade to the top of the fence where there is a grade difference between the two sides of the fence; ii) iii) iv) fences around tennis courts shall be erected to a maximum height of 4.3 metres authorized by the Chief Building Official; no person shall erect, permit or maintain upon a non residential property, any fence in a required front yard; notwithstanding any other height restriction or location for fences in this by-law, where it is necessary for the safety of the public by reasons of high voltage substations, storage of explosive materials or similar material of a hazardous nature, a fence may be permitted to a height as to ensure such safety. The owner or occupant of the land erecting such fence shall keep clearly posted signs warning persons of the presence of the potential hazards. 9. DIVISION FENCES g) The owners of adjoining lands shall erect along the dividing line between their lands a division fence. h) Subsection 9.a) does not apply: i) with respect to adjoining lands that are both unoccupied; or ii) with respect to adjoining lands so long as the owners thereof continue to agree that Subsection 9.a) does not apply. c) No person shall be obliged to erect any division fence other than a closed board fence or a fence the cost of which is not greater than a closed board fence. d) In this section, closed board fence means a fence not higher than 1.0 metre in height when measured from the finished grade in which a space of less than 150 mm is left between each board.
7 e) The cost of every division fence constructed, pursuant to this by-law, shall be borne equally by the owners of the adjoining lands between which the fence is erected. f) The apportioned cost referred to in Subsection 9.e) shall be recoverable under The Provincial Offences Act. 10. MEASUREMENTS a) Measurements of fences are from the finish grade of a property to the top part of the fence including posts or decorative posts. b) Where there is a grade difference between the two sides of the fence, the height of the fence shall be measured from the higher grade to the top of the fence. 11. DESIGN a) No person shall erect a fence that is not in keeping with the architectural design and concepts of adjacent buildings or structures. b) Where a fence exhibits a finished and unfinished face, the most finished face shall face outward from the owner s property. Where the cost of construction is to be shared between the owners on adjacent properties, then both sides of the fence must be equally finished along the shared portion. 12. SNOW FENCE a) Snow fencing shall only be used as a temporary device and therefore may be erected and maintained only: i) during the winter months for the purposes of snow control; or ii) iii) to temporarily provide a barricade for a public purpose; and shall not be constructed so as to cause a snow drift on a sidewalk, pedestrian pathway or road allowance. 13. FENCE ERECTION ON CITY PROPERTY a) No person shall erect or construct a fence on City property or road allowance without first obtaining a written authorisation from City Council. 14. FENCE PERMIT REQUIREMENTS k) A permit is required for the planting of a naturally growing hedge, the erection or construction of a fence, as such permit shall be issued by the Chief Building Official. The
8 Chief Building Official may require any surveyor s plan to establish the location of such a fence or retaining wall.
l) Schedule A attached, forms part of this by-law which sets the required permit fee for every erection or construction of a fence or retaining wall. 15. NON CONFORMITY m) Nothing in this by-law shall prevent the use and maintenance of any fence for any purpose prohibited by the by-law, if such fence was lawfully erected and used for such purpose prior to the enactment of this by-law. n) Any owner may apply for an application for approval, pursuant to Section 41 of The Planning Act, R.S.O. 1990, Chapter P.13, as amended, to erect a fence otherwise permitted under the provisions of this by-law. 16. ENFORCEMENT a) This by-law shall be enforced by the Chief Building Official and the Municipal Law Enforcement Officer for the City of Clarence-Rockland. 17. VALIDITY a) If a court of competent jurisdiction should declare any section or part of a section of this by law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced Council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force. 18. PENALTY a) Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as prescribed for, under The Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. b) For the purposes of this section, each day contained in an information shall constitute a separate offence. 19. PROHIBITING ORDER a) In addition to imposing a fine, the Court may, upon conviction of an offence under this bylaw, make an order prohibiting the continuation or repetition of the violation by the person or corporate entity convicted. 20. REPEALING OF EXISTING BY-LAWS By-Law 1993-31 of the former Town of Rockland and its amendments are hereby repealed.
- 10-21. BY-LAW TO TAKE EFFECT This by-law shall take force on the day it is adopted by Council. (Original signed by) Jean Pierre Pierre, Mayor (Original signed by) Daniel Gatien, Clerk
SCHEDULE "A" TO BY-LAW NUMBER 2002-09 ERECTION OF FENCES PERMIT FEE Erection of a fence, including a naturally growing hedge $10.00