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FENCES - HEIGHT - REGULATION
1
PROPERTY MAINTENANCE
Chapter 438
FENCES - HEIGHT - REGULATION
CHAPTER INDEX
Article 1
INTERPRETATION
4381.1
Boulevard - defined
438.1.2
Director - defined
438.1.3
Engineer - defined
438.1.4
Exterior side yard - defined
438.1.5
Fence - defined
438.1.6
Front yard - defined
438.1.7
Height - defined
438.1.8
Highway - defined
438.1.9
Interior side yard - defined
438.1.10
Officer - defined
438.1.11
Owner - defined
438.1.12
Property - defined
438.1.13
Rear yard - defined
438.1.14
Yard - defined
Article 2
GENERAL PROVISIONS
438.2.1
Erection - contrary to Chapter - prohibited - exception
438.2.2
Entry - on adjoining land - for repairs - restrictions
438.2.3
Entry - on adjoining land - permission obtained
438.2.4
Corner lot - height - distance from sidewalk
FENCES - HEIGHT - REGULATION
2
438.2.5
Removal - fence - within ten days of notice
438.2.6
Triangular lot - fence - location - height - restriction
438.2.7
Intersection - angle less than 90 degrees
438.2.8
Fence - obstructing highway - prohibited
438.2.9
Gate - door - swinging over highway - prohibited
438.2.10
Unlawful obstruction - removed - road restored
438.2.11
Survey - required - before construction
Article 3
BARBED WIRE
438.3.1
Use - industrial land - only
438.3.2
Height - number of strands - requirements
Article 4
RESIDENTIAL PROPERTY
438.4.1
Height - maximum - front yard
438.4.2
Height - visibility requirement - front yard
438.4.3
Height - maximum - interior - exterior - side - rear
438.4.4
Height - maximum - exception
438.4.5
Elevated deck - privacy screening - exception
438.4.6
Sound barrier - exemption
438.4.7
General fence material - construction
Article 5
ADMINISTRATION
438.5.1
Engineer - Director - jurisdiction
438.5.2
Failure to remedy - done by City - owner's expense
438.5.3
Expenses - recovery - by action - as taxes
438.5.4
Existing fence - conforming - prior to enactment
438.5.5
Minor variance - Committee of Adjustment
FENCES - HEIGHT - REGULATION
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Article 6
ENFORCEMENT
438.6.1
Fine - for contravention
438.6.2
Powers of Entry and Orders
438.6.3
Inspection
438.6.4
Obstruction
Article 7
ENACTMENT
438.7.1
Effective date
__________
Article 1
INTERPRETATION
4381.1
Boulevard - defined
"boulevard" means that portion of the road allowance lying between the
adjacent property line and the edge of the travelled portion of the
highway or the edge of the shoulder, where such exists, furthest from
the travelled portion of the highway.
438.1.2 Director - defined
"Director" means the City's Director of Bylaw and Security and/or their
designate. By-law 148-2024 29, October, 2024
438.1.3
Engineer - defined
"Engineer" means the person who may from time to time be appointed
by the Council of The Corporation of the City of Brantford to the position
of Engineer or his/her duly authorized representative.
438.1.4
Exterior side yard - defined
"exterior side yard" means a yard extending from the minimum front
yard to the rear lot line between the exterior side lot line and the nearest
part of any wall of the main building on a corner lot.
438.1.5
Fence - defined
"fence" includes any wall, fence or similar structure of wood, brick,
stone, metal, wire or any other similar material.
438.1.6
Front yard - defined
"front yard" means the yard extending across the full width of a lot
between the front lot line and the nearest part of any wall of any building
or structure on the lot.
438.1.7
Height - defined
FENCES - HEIGHT - REGULATION
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"height" means the distance measured from the ground level at the base
of the structure to the highest point of the structure. In the case of a
boundary fence, where the ground level is not the same on both sides of
the boundary, the higher of such levels shall be considered as ground
level for the purposes of the fence.
438.1.8
Highway - defined
"highway" means a common and public highway, and includes a street
and a bridge forming part of a highway or on, over, across which a
highway passes.
438.1.9
Interior side yard - defined
"interior side yard" means a yard extending from the required front yard
to the minimum rear yard between the interior side lot line and the
nearest part of any wall of the main building on the lot.
438.1.10 Officer - defined
"Officer" means a Municipal Law Enforcement Officer appointed under
any federal or provincial statute or regulation or City by-law or any other
person assigned or appointed by Council of the City to administer or
enforce this By-law and includes a person employed by the City whose
duties are to enforce this By-law. By-law 148-2024 29, October, 2024
438.1.11
Owner - defined
"owner" includes the person for the time being managing or receiving
the rent of the land or premises in connection with which the word is
used whether on his/her own account or as an agent or trustee of any
other person or who would so receive the rent if such land and premises
were let, and includes the assessed owner and, for the purposes of this
Chapter, all persons shown by the records in the Registry Office, or the
Land Titles Office, to be the owner in fee simple of the property.
438.1.12 Property - defined
"Property" means land, including a building or structure, or part of a
building or structure. By-law 148-2024 29, October, 2024
438.1.13
Rear yard - defined
"rear yard" means a yard extending across the full width of a lot
between the rear lot line and the nearest part of any wall of the main
building on the lot, and on a corner lot, shall mean a yard extending from
the interior side lot line to the minimum exterior side yard, between the
rear lot line and the nearest part of any wall of the main building on the lot.
438.1.14
Yard - defined
"yard" means the space on a lot, uncovered by buildings and structures,
open from the ground to the sky.
Article 2
GENERAL PROVISIONS
438.2.1
Erection - contrary to Chapter - prohibited -
FENCES - HEIGHT - REGULATION
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exception
No fence shall be erected on any property contrary to the provisions of
this Chapter except a fence required by statute or regulation of Canada,
by any statute or regulation of the Province of Ontario, by the Ontario
Hydro
Electric
Commission,
by the
Brantford
Public
Utilities
Commission, or by an agreement with the City of Brantford relating to a
site plan, subdivision, condominium or other development approval,
or judgment, order, direction or decision made or given by any court or
other duly constituted authority having jurisdiction.
438.2.2
Entry - on adjoining land - for repairs -
restrictions
An owner of any fence or the agent or employee of such owner, at
reasonable times during daylight hours, may enter upon any
adjoining land for the purpose of making repairs, alterations or
improvements to such fence but only to the extent necessary to effect
such repairs, alterations or improvements and shall leave the
adjoining property in the same condition it was in prior to such entry.
438.2.3
Entry - on adjoining land - permission obtained
Prior to making such entry, the owner or the agent or employee of such
owner shall make a reasonable attempt to obtain the permission of the
owner of the adjoining land.
438.2.4
Corner lot - height - distance from sidewalk
To prevent persons from crossing boulevards at the corners of
highways and damaging the same, the owner or occupant of any
premises situated at the intersection of highways, having first obtained
permission from the Engineer, may erect and maintain a suitable fence,
hedge or railing approved by the Engineer, from such premises to
within 0.6 metres of the inner edge of the sidewalk provided that the top
of the fence, hedge, or railing so erected shall not exceed 0.6 metres in
height above the level of the adjacent sidewalk and provided that any
hedge planted will be trimmed to maintain the above dimensions.
438.2.5
Removal - fence - within ten days of notice
The Engineer may upon ten days notice require the removal of any
fence approved in accordance with Section 438.2.4 and require the
restoration of the highway at the expense of the owner or occupant.
438.2.6
Triangular lot - fence - location - height -
restriction
No person shall erect, construct, or permit to be erected or constructed
any fence or hedge on a corner lot, within the triangular space formed
by the street lines for a distance of 4.6 metres from the point of their
intersection, where the height of such fence or hedge exceeds 0.8
metres above the level of the adjacent sidewalk or where no sidewalk
exists, the grade as established by the Engineer.
438.2.7
Intersection - angle less than 90 degrees
Where the angle of intersection of two street lines is less than ninety
FENCES - HEIGHT - REGULATION
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degrees, the distance set out in Section 438.2.6 shall be determined by
the Engineer.
438.2.8
Fence - obstructing highway - prohibited
No person shall without lawful authority erect, install, place or maintain
or cause or permit the erection, installing, placing or maintaining of any
fence or hedge either wholly or partly upon or over a highway which
may obstruct said highway.
438.2.9
Gate - door - swinging over highway - prohibited
No person shall cause or permit the hanging or maintenance of any
gate, door or other thing in such a manner as to allow it to swing over
any part of a highway.
438.2.10
Unlawful obstruction - removed - road restored
Any fence or hedge unlawfully upon or over a highway, either wholly or
partly, shall be removed and the road restored to its former condition,
all at the expense of the owner or occupant of the land in connection
with which such obstruction exists.
438.2.11
Survey - required - before construction
Every person before fencing or planting a hedge on his/her property
along any highway or public place, shall obtain at his/her expense the
correct line of the highway adjacent to and bounding such property
from a legally qualified provincial land surveyor where it is necessary
and the said person shall file in the Engineer's office plans and data of
the said lines when required.
Article 3
BARBED WIRE
438.3.1
Use - industrial land - only
No fence, except a fence on land used for industrial purposes, shall
contain barbed wire or any other barbed material.
438.3.2
Height - number of strands - requirements
The maximum number of strands of barbed wire, where permitted,
shall be 3 strands and shall be installed at a minimum height of 2.0
metres from the finished grade level and shall not project beyond the
external face of the said fence.
Article 4
RESIDENTIAL PROPERTY
438.4.1
Height - maximum - front yard
Any fence or hedge erected in the minimum front yard, as required by
the City of Brantford Applicable Zoning By-law as amended, of a
residential property shall have a maximum height of 1.0 metres.
438.4.2
Height - visibility requirement - front yard
Notwithstanding Section 438.4.1, a fence within the minimum front
FENCES - HEIGHT - REGULATION
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yard may be erected to a height of 1.5 metres if the area of daylight
visible through the fence is at least 50 per cent of the surface area of
the fence, and where in the opinion of the Engineer such fence will not
result in a visibility problem to vehicular and pedestrian traffic.
438.4.3
Height - maximum - interior - exterior - side -
rear
Any fence erected in an interior side yard, an exterior side yard or rear
yard of a residential property shall have a maximum height of 2.2
metres.
438.4.4
Height - maximum - exception
Notwithstanding Section 438.4.3, the maximum height of a fence
erected in a rear yard, interior side yard or an exterior side yard shall be
2.5 metres where:
a) where the yard abuts a commercial or industrial property; or
b) where there is a difference of 0.5 metres or more in the
elevation of the ground level within 3 metres of the fence.
438.4.5
Elevated deck - privacy screening - exception
Privacy screening for an elevated deck, shall not be subject to the
height limitations of Section 438.4.3 provided that the screening is not
within any required yard as defined in the City of Brantford Applicable
Zoning By-law, as amended from time to time.
438.4.6
Sound barrier - exemption
The height restrictions set out in Section 438.4.3 shall not apply to any
fence constructed as a sound barrier in accordance with Ministry of
Environment requirements. By-law 117-94, 13 June 1994.
438.4.7
General fence material - construction
No person shall erect or maintain a fence unless it is:
a) upright;
b) sufficiently sturdy so as not to present a hazard of toppling or
collapse;
c) reasonably uniform in height, colour, pattern, and material so as
not to appear unsightly; and
d) made of materials of good quality and suitable for the
purpose. By-law 20-2013, 19 February, 2013.
Article 5
ADMINISTRATION
438.5.1
Engineer - Director - jurisdiction
Administration of this Chapter shall be under the jurisdiction of the
Engineer and the Director. By-law 148-2024 29, October, 2024
438.5.2
Failure to remedy - done by City - owner's
expense
FENCES - HEIGHT - REGULATION
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Upon the default of any person to do anything required to be done by
that person under this Chapter, The Corporation of the City of
Brantford may, upon giving ten days notice, in writing, of its intention to
the said person, enter upon the land affected and do the work or thing
required to be done at the expense of the said person.
438.5.3
Expenses - recovery - by action - as taxes
All expenses incurred by the City in doing said works as set out in
Section 438.5.2, including but without limiting the generality of the
foregoing, materials, labour, equipment, administrative and legal
expenses, shall be paid by the said person and may be recovered by
action in any competent court or be added by the Clerk to the Collector's
Roll and collected in like manner as municipal taxes against the land.
438.5.4
Existing fence - conforming - prior to enactment
Nothing in this Chapter shall be interpreted to require the alteration or
removal of any fence where the same was in existence prior to the date
of the passing of this Chapter and was in compliance with those
standards in existence immediately prior to the date of the passage of
this Chapter.
438.5.5
Minor variance - Committee of Adjustment
The Committee of Adjustment of The Corporation of the City of
Brantford may, upon the application of any person and upon the
payment of an application fee in the amount prescribed by Council from
time to time, authorize minor variances from the provisions of this
Chapter, provided that the general intent and purposes of the Chapter
are maintained.
Article 6
ENFORCEMENT
438.6.1
Fine - for contravention
Every person who contravenes any of the provisions of this Chapter is
guilty of an offence and shall, upon conviction thereof, forfeit and pay a
penalty pursuant to the provisions of the Provincial Offences Act.
438.6.2 Powers of Entry and Orders
An Officer may enter onto Property at any reasonable time for the
purpose of carrying out an inspection to determine whether any provision
of this By-law or an Order made under this By-law is being complied with.
By-law 148-2024 29, October, 2024
438.6.3 Inspection
For the purposes of conducting an inspection pursuant to this By-law, an
Officer may:
a) require the production for inspection of documents or things
relevant to the
inspection;
b) inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
c) require information from any Person concerning a matter
FENCES - HEIGHT - REGULATION
9
related to the inspection; and
d) alone, or in conjunction with a Person possessing special or
expert knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of inspection.
By-law 148-2024 29, October, 2024
438.6.4 Obstruction
No person shall prevent, hinder or obstruct, or attempt to hinder or
obstruct an Officer who is exercising a power or performing a duty under
this By-law. By-law 148-2024 29, October, 2024
Article 7
ENACTMENT
438.7.1
Effective date
This Chapter shall become effective from and after the date of passing
of the enabling by-law. By-law 117-94, 13 June, 1994.