This is the exact embedded text of the captured official document.
Snapshot 2c0dbd88760c · verified 2026-08-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the Township of Centre Wellington
By-law 2018-34
A By-law to regulate fences in the Township of Centre Wellington
and to Repeal By-law 2002-30
Whereas section 11 (2), paragraph 6 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes a municipality to pass a By-law respecting the health, safety and well-being of persons;
And Whereas section 11 (3), paragraph 7 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes a municipality to pass a By-law respecting structures including fences;
And Whereas section 8 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a
municipality to regulate or prohibit in respect of matters within their jurisdiction and to provide for a
system of obtaining permits in relation to those matters;
And Whereas section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a
municipality to delegate its powers and duties to a body;
And Whereas the Council of the Corporation of the Township of Centre Wellington deems it
necessary and expedient to regulate the height, type of fences and outdoor swimming pool
enclosures in the Township of Centre Wellington;
Now Therefore the Council of the Corporation of the Township of Centre Wellington hereby
enacts as follows:
1.
DEFINITIONS
1.1
In this By-law:
"Agricultural Property" means any lands designated as an agricultural zone under the provisions
of the Township's Zoning By-law and any Lot where the predominant use is for agricultural
purposes.
"Building" means a building as defined in the Building Code Act, as amended or a structure or any
part thereof used or intended to be used for supporting or sheltering any use or occupancy.
"Commercial Property" means any lands designated as a commercial zone under the provisions
of the Township's Zoning By-law and any Lot where the predominant use is for commercial
purposes.
"Committee" means the Committee of Adjustment for the Township or other Committee appointed
pursuant to this By-law.
"Corner Lot" means a lot situated at the intersection of and abutting upon two or more streets,
or upon two parts of the same street, the adjacent sides of which street or streets (or in the case
of a curved corner, the tangents at the street extremities of the side lot lines) contain an angle of
not more than 135 degrees. In the case of a curved corner, the corner of the lot shall be deemed
to be the point of the street line nearest the point of intersection of the said tangents.
"Driveway Sight Triangle" means an area of land contained within and determined by measuring
from the point of intersection of a street line and a driveway, a distance of 4 metres (13.1 feet)
along such street line and 6 metres (19.7 feet) along such driveway, joining such points with a
straight line to form a triangle.
"Exterior Side Lot Line" means a side lot line that abuts a street.
"Exterior Side Yard" shall mean the yard of a corner lot extending from the front yard to the
rear yard between the exterior side lot line and the nearest wall of the principal building or
structure on the lot.
"Finished Grade" means the existing ground level upon which the fence, outdoor swimming pool
or outdoor swimming pool enclosure is erected on or to be erected upon.
"fence" means a structure, wall or barrier, erected at finished grade for the purpose of defining
boundaries of a lot, separating open space, restricting ingress to or egress from a lot, providing
security or protection to a lot or acting as a visual or acoustic or privacy screen, used to enclose
or divide in whole or in part of a lot and includes a hedge or grouping of shrubs.
"Front Lot Line" means in the case of an interior lot, the line that divides the lot from the street.
In the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front
lot line and the longer line abutting the street shall be deemed to be the exterior side lot line. In
the case of a through lot, the lot line where the principal access to the lot is provided shall be
deemed the front lot line.
"Front Yard" shall mean a yard extending across the full width of the lot between the front lot
line and the nearest wall of the principal building or structure on the lot.
"Height" means the distance measured from the finished grade where the fence posts are
embedded to the top of the fence.
"Highway" includes a common and public highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for
the passage of vehicles and includes the area between the lateral lot lines thereof;
"Industrial Property" means any lands designated as an Industrial zone under the provisions of
the Township's Zoning By-law and any Lot where the predominant use is for Industrial purposes.
"Interior Lot" means a lot other than a corner lot.
"Interior Side Yard" shall mean a yard other than an exterior side yard that extends from the
front yard to the rear yard between the interior side lot line and the nearest wall of the principal
building or structure on the lot.
"Lot" means a parcel of land which is capable of being legally conveyed.
"Lot Line" means any boundary of a lot or its vertical projection.
"Officer" means a police officer, municipal law enforcement officer, building inspector or other
person appointed by By-law to enforce the provisions of this By-law.
"Owner" includes,
(a)
the person for the time being managing or receiving the rent of the land, lot or
premises in connection with which the word is used, whether on the person's own
account or as agent or trustee of any other person, or who would receive the rent if
the land, lot and premises were let; and
(b) a lessee or occupant of the lot who, under the terms of a lease, is required to repair
and maintain the lot in accordance with the standards for the maintenance and
occupancy of lot;
"Outdoor Swimming Pool" means a body of water, exceeding 0.91 metres (3 feet) in depth at any
point, located outdoors on a private lot contained by artificial means and used or maintained for the
purpose of swimming, wading, diving or bathing and includes a hot tub, whirlpool or spa but does
not include:
(a)
a storm water management pond;
(b)
a natural or man-made pond, lagoon, water reservoir or a manure storage facility
located on agricultural property.
(c)
a public swimming pool which is subject to the regulations made pursuant to the Building
Code Act, S.O. 1992, c. 23, as amended and the Health Protection and Promotion Act,
R.S.O. 1990, c. H.7, as amended.
"Outdoor swimming pool enclosure" means a fence, wall, building or other structure, together
with any included door or gate completely surrounding an outdoor swimming pool, but shall not
include a hedge or a grouping of shrubs.
"Person" includes an individual, sole proprietorship, partnership, limited partnership, trust,
corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other
legal representative.
"Permit" means a permit issued pursuant to this By-law by the Township.
"Privacy screen" means a visual barrier used to shield any part of a Lot from any adjacent Lot or
Highway.
"Rear Yard" shall mean a yard extending across the full width of the lot between the rear lot line
and the nearest wall of the principal building or structure on the lot.
"Repair" includes the making of additions or alterations or the taking of such action as may be
required to conform to the standards established in this By-law.
"Residential Property" means any lands designated as a residential zone under the provisions of
the Township's Zoning By-law and any Lot where the predominant use is for residential purposes.
"Salvage/Wrecking Yard" means land or a building or structure used for the wrecking,
dismantling, storing or selling of used vehicles, equipment, goods, wares or materials.
"Sight Triangle" on every corner lot, except within a C1 zone identified in the Township's Zoning
By-law, a sight triangle shall be in accordance with the following:
(a)
The sight triangle is an area of land contained within and determined by measuring the
following distances in each direction from the intersection of the front and exterior side
lot lines and connecting these points to form a triangle:
i) 9.0 metres (29.5 feet) along an arterial or collector highway;
ii) 7.5 metres (24.6 feet) along a local street.
"Street" means a Highway.
"Street Line" means the boundary between a Highway and a Lot which separates the Lot from
the Highway.
"Through Lot" shall mean a lot bounded on opposite sides by a street. However, if the lot
qualifies as being both a corner lot and a through lot, such lot is deemed to be a corner lot.
"Township" means the Corporation of the Township of Centre Wellington or the land within the
geographic limits of the Corporation of the Township of Centre Wellington as the context requires.
"Yard" shall mean a space appurtenant to a building or structure, located on the same lot as the
building or structure, which is open, uncovered and unoccupied by any building or structure. In
determining yard measurements the minimum horizontal distance from the respective lot lines
shall be used.
"Zoning By-law" means any By-law administered by the Township passed pursuant to Section 34
of the Planning Act or a successor thereof, as may be amended from time to time.
2.
APPLICATION
2.1
This By-law shall apply throughout the whole of the Township.
2.2
A fence which is required and approved by the Township as a condition of development or
redevelopment of land pursuant to Section 41 of the Planning Act, R.S.O. 1990, c. P.13, as
amended shall be deemed to be legal non-complying with the provisions of this By-law.
2.3
A fence which is required and approved by the Township as a condition of development or
redevelopment of land pursuant to Section 41 of the Planning Act, R.S.O. 1990, c. P.13, as
amended is subject to the maintenance and repair provisions of this By-law.
2.4 Notwithstanding any other provisions of this By-law, a fence legally established prior to and
existing as of the date of passing of this By-law shall be deemed to be legal non-complying
with the provisions of this by-law provided the fence is maintained in good repair and is not
located within a sight triangle or driveway sight triangle.
2.5 The replacement of a fence is subject to the provisions and requirements of this By-law.
2.6
An outdoor swimming pool enclosure approved by the Township by a Permit issued prior
to the passing of this By-law shall be deemed to be legal non-complying provided the outdoor
swimming pool enclosure is maintained in good repair.
2.7
The replacement of an outdoor swimming pool enclosure is subject to the provisions and
Permit requirements outlined in this By-law.
3.
GENERAL PROVISIONS
3.1
No person shall erect, own or maintain, or cause or permit the erection or maintenance of
any fence on lands within the Township except in conformity with the provisions of this By-
law.
3.2
Notwithstanding any other provision of this By-law, no person shall on any Lot erect, cause
to be erected, or maintain or permit a Fence that obstructs the view of a motorist or pedestrian
or is determined to be a safety hazard.
3.3
No person shall erect a fence on a highway or right of way unless such fence has been so
authorized by an encroachment agreement with the Township.
3.4
The Owner of a fence shall maintain the fence in good repair and in compliance with the
requirements of this By-law.
3.5
No Person shall own, install, excavate, construct or maintain, or cause or permit the
installation, excavation or construction of an outdoor swimming pool without an outdoor
swimming pool enclosure permit.
3.6
No Person shall own, place, cause or permit to be placed water in an outdoor swimming
pool unless a final inspection has been completed under an outdoor swimming pool
enclosure permit.
3.7
No Person shall own, erect, cause or permit to be erected an outdoor swimming pool
enclosure other than in accordance with this By-law and the outdoor swimming pool
enclosure permit and the approved plans.
3.8
The Owner of an outdoor swimming pool shall maintain an outdoor swimming pool
enclosure in good repair and in compliance with the requirements of this By-law.
3.9
The Owner of an outdoor swimming pool shall ensure that a gate or a door of a building
that forms part of the outdoor swimming pool enclosure is locked when the area is not in
active use or no responsible person is in attendance.
3.10 The Owner of an outdoor swimming pool that is a hot tub, whirlpool or spa shall ensure
that the lid is closed and locked when not in active use or no responsible person is in
attendance.
4.
FENCES - RESTRICTED
4.1
Except for an invisible fence no fence or attachment to a fence shall be used as a conductor
of electricity unless the fence is located on agricultural property that is in actual use for
raising livestock and the fence or attachment:
(a)
carries electricity of not more than 12 volts;
(b)
is designed and installed only to contain livestock; and
(c)
a sign is installed that is clearly visible and legible at the intersection of a fence line
adjacent to a public highway or other place to which the public has access warning that
the fence carries electricity.
4.2
No barbed wire or other barbed or sharp material shall be used in a fence except in
accordance with the following:
(a)
on agricultural property and for the purpose of containing livestock;
(b)
on the top of a fence on commercial or industrial property having a minimum height
of 2.4 metres (7.9 feet), provided that it projects inwards to the area enclosed at a 45
degree angle; or,
(c)
on the top of a fence erected for security purposes around any recreational, operational
or storage facility owned and operated by the Township.
5.
FENCES - HEIGHT AND LOCATION
5.1
The maximum height of a fence shall be in accordance with the following table:
TABLE A
MAXIMUM FENCE HEIGHT
Location
Single / Semi
Detached
Residential
Property
Multiple Residential
Property
Non-Residential
Property
1
Exterior Side Yard
within 4 metres of
Front Lot / Street
Line from the rear
of the building to
the Rear Lot Line
2 m (1)
2 m (1)
2 m (1)
2
Interior Side Yard
between buildings
2 m
2 m
2.5m
3
Rear
Yard
not
within 4 metres of
lot / street line
2.5 m (2)
2.5 m (2)
2.5 m
4
Front
Yard
and
remainder
of
Exterior Side Yard
1.2 m (3)
1.2 m (3)
1.2 m (3)
5
Sight Triangle/ -
Driveway
Sight
Triangle
0.8m Solid fence
1.2 m chain link
fence
0.8m Solid fence
1.2 m chain link
fence
0.8m Solid fence
1.2 m chain link
fence
6
Unroofed deck in
Rear Yard
2 m above surface
of deck
2 m above surface
of deck
2 m above surface
of deck
7
Abutting Multiple
Residential
Property
2.5 m
2.5 m
2.5 m
8
Abutting a Highway
or walkway but not
in
a
front
or
exterior side yard
2.5 m
2.5 m
2.5 m
9
Tennis
court
baseball
diamond
or
other
recreational facility
3 m
3 m
3 m
10
Any other fence
2 m
2 m
2.5 m
Notes:
(1)
50% of fence to be open over 1.5 metres (5 feet) in height.
(2)
50% of fence to be open over 2 metres (6.6 feet) in height.
(3)
See restriction in height to 0.8 metres (2.6 feet) in Sight Triangle and Driveway
Sight Triangle.
(4)
For a Typical Lot Plan and Typical Fence Illustrations refer to Schedule A -
Drawing No.'s A1 to A7 of this By-law.
5.2
A fence shall be constructed of durable materials, suitable for its intended use and be capable
of supporting the intended structural loads.
5.3
Snow fencing or plastic mesh fencing shall not be used as a permanent fence
5.4
A fence comprised in whole or in part of hedges or shrubs shall be pruned and trimmed to
ensure the hedges or shrubs do not contravene any provisions of this By-law.
5.5
A fence shall not be constructed or located so as to block access to a parking space as
required by the Township's Zoning By-law unless the fence is constructed with a gate at
least 2.59 metres (8.5 feet) wide that provides access to the parking space.
5.6
An outdoor storage facility for a lawfully existing or proposed salvage / wrecking yard shall
be:
(a)
enclosed with a solid fence; and
(b)
a minimum height of 2.5 metres (8.2 feet).
5.7
Where more than one description in the Table A applies to a fence, each part that
corresponds to a single description shall be deemed to be a separate fence for the purpose
of determining maximum height for that part.
6.
OUTDOOR SWIMMING POOL ENCLOSURE - PERMIT AND STANDARDS
6.1
A Person making an application for a Permit for an Outdoor Swimming Pool Enclosure
shall:
(a)
submit a complete application in the form provided by the Township;
(b)
submit plans showing the location of buildings, structures, septic system, tile bed,
well, outdoor swimming pool, outdoor swimming pool enclosure including gate
and door locations in relation to lot lines;
(c)
submit conservation authority clearance letter or permit, if applicable;
(d)
submit storm water and/or grading control plan as required and to the satisfaction of
the Township;
(e)
provide details on materials and height of the outdoor swimming pool enclosure;
(g)
submit any other documents as may be required by the Township;
(h)
submit the required permit fee.
6.2
An outdoor swimming pool enclosure shall be constructed in compliance with the minimum
standards outlined in Table B, Table C or Table D of this By-law or such other equivalent
alternative approved by the Township's Chief Building Official:
Table B
Minimum Chain Link Fence Construction Standards
Fence Components
Single Family
Residential Property
Multiple Residential
Property or non -
Residential Property
1
MESH SIZE
38 mm Maximum
38 mm Maximum
2 MESH GAUGE
14 gauge galvanized wire
& 2 Gauge vinyl for 12
gauge total thickness
11 gauge galvanized wire
& 2 Gauge vinyl for 9
gauge total thickness
3
GATE & END POSTS
DIAMETER
DEPTH OF EMBEDMENT
38 mm
760 mm
60 mm
760 mm in 200 mm dia.
Concrete
4
INTERIOR POSTS
DIAMETER
DEPTH OF EMBEDMENT
32 mm
760 mm
48 mm
760 mm
5 Minimum Diameter
TOP RAIL
BOTTOM WIRE RAIL
GATE FRAME
32 mm
gauge
galvanized,
threaded
through
the
mesh and looped and
fastened to each post
32 mm
32 mm
gauge
galvanized,
threaded
through
the
mesh and looped and
fastened to each post
32 mm
6 POST SPACING
2.4 m Maximum
2.4 m Maximum
Note: For Typical Fence Illustrations refer to Schedule A - Drawing No.'s A2 to A7 of this By-
law.
Table C
Minimum Wood Fence Construction Standards
Fence Components
Single Family
Residential Property
Multiple Residential
Property or non -
Residential Property
1
VERTICAL BOARD
SIZE SPACING
19
mm
X
89
MM
Maximum
38
mm
max.
where
Horizontal
Rails
are
spaced less than 1.1
apart
100 mm max. where
Horizontal
Rails
are
spaced more than 1.1
apart
19
mm
X
89
MM
Maximum
38
mm
max.
where
Horizontal
Rails
are
spaced less than 1.1
apart
100 mm max. where
Horizontal
Rails
are
spaced more than 1.1
apart
2
HORIZONTAL RAILS SIZE
38 mm X 89 mm
38 mm X 89 mm
3
SPACE
BETWEEN
BOTTOM of FENCE and
FINISHED GRADE
100 mm Maximum
100 mm Maximum
4
POSTS
SIZE
SPACING
EMBEDMENT
89 X 89 mm
2.4 metres
900 mm min. below grade
89 X 89 mm
2.4 metres
900 mm min. below grade
Note: For Typical Fence Illustrations refer to Schedules A2 to A7 of this By-law.
Table D
Minimum Metal Picket Fence Construction Standards
Fence
Components
Single
Family
Residential Property
Multiple
Residential
Property
or
non
-
Residential Property
1
VERTICAL
PICKETS
SPACING
38
mm
max.
where
Horizontal
Rails
are
spaced less than 1.1
apart
100 mm max. where
Horizontal
Rails
are
spaced more than 1.1
apart
38
mm
max.
where
Horizontal
Rails
are
spaced less than 1.1 apart
100
mm
max.
where
Horizontal
Rails
are
spaced more than 1.1
apart
2
HORIZONTAL
RAILS SIZE
38 mm X 89 mm
38 mm X 89 mm
3
POSTS
SPACING
EMBEDMENT
2.4 metres
In concrete a 900 mm
min. below grade
2.4 metres
in concrete a 900 mm min.
below grade
Note: For Typical Fence Illustrations refer to Schedule A - Drawing No.'s A2 to A7 of this By-
law.
6.3
The minimum height of an outdoor swimming pool enclosure is as outlined in Table E:
Table E
Minimum Height of Outdoor Swimming Pool Enclosure
Enclosure Type
Single Family
Residential
Property
Multiple
Residential
Property
Non
--
Residential
Property
1
All Fences
1.5 m
1.8 m
1.8 m
Note: For Typical Fence Illustrations refer to Schedule A - Drawing No.'s A2 to A7 of this By-
law.
6.4
An outdoor swimming pool enclosure shall:
(a)
not use or incorporate barbed wire, electrification, or other features designed to cause
injury;
(b)
not be directly accessible from a door of a building unless the door is equipped with a
lockable device in accordance with Section 8 of this By-law;
(c)
be located a minimum of 1.0 metre (3.3 feet) from any other fence, wall or structure
which may facilitate climbing over the outdoor swimming pool enclosure;
(d) be located at least 1.2 metres (3.9 feet) from the edge of the water of the outdoor
swimming pool.
6.5
In accordance with the Township's Zoning By-law, an outdoor swimming pool shall not be
closer than 1.2 metres (3.9 feet) to a lot line.
7.
OUTDOOR SWIMMING POOL ENCLOSURE - GATES
7.1
A gate that forms part of an outdoor swimming pool enclosure shall:
(a)
be self-closing, and equipped with a self-latching and locking device placed at the top
and on the inside of the gate so the device latches when the gate is in the closed
position;
(b)
operate on hinges sufficient to support the gate either open and unlatched or closed
and latched; and
(c)
be of such construction and height that complies with the outdoor swimming pool
enclosure requirements of this By-law.
8.
OUTDOOR SWIMMING POOL ENCLOSURE - BUILDING ENTRANCEWAYS
8.1
Where a building forms part of an outdoor swimming pool enclosure, no entranceway to
the outdoor swimming pool shall be permitted unless:
(a) the entranceway door is equipped with a bolt or a chain latch a minimum height of 1.83
metres (6 feet) above the inside floor level; and
(b) the bolt or chain latch is maintained in good repair.
9.
OUTDOOR SWIMMING POOL ENCLOSURE - ABOVE GROUND OUTDOOR SWIMMING
POOL
9.1
Notwithstanding Sections 6.2 and 6.3 of this By-law, an outdoor swimming pool
enclosure for an above ground outdoor swimming pool may consist of the vertical sides
of the above ground outdoor swimming pool or any deck or other assembly forming part
of the above ground outdoor swimming pool provided the following requirements are met:
(a)
such vertical sides and assemblies including a guard are constructed and maintained
in such a manner to prevent the climbing thereof; and
(b)
any ladder or stair assemble providing access to the above ground outdoor
swimming pool or to any deck of other assembly forming part of the above ground
outdoor swimming pool is hinged and constructed in a manner so as to be latched
in an upright position or gated, thereby preventing entry to the above ground outdoor
swimming pool; and
(c)
a guard not less than 1.07 metres (3.5 feet) in height is provided around any platform;
(d)
the combined height of the above ground outdoor swimming pool and any guard is
not less than 1.5 metres (5 feet).
10.
OUTDOOR SWIMMING POOL ENCLOSURE - HOT TUB, WHIRLPOOL OR SPA
10.1
Notwithstanding Sections 6.2 and 6.3 of this By-law, an outdoor swimming pool that is a
hot tub, whirlpool or spa may be equipped with a substantial cover, capable of holding
90.72 kg (200 lbs), which is fitted to the hot tub, whirlpool or spa with a lockable cover.
11
OUTDOOR SWIMMING POOL ENCLOSURE - TEMPORARY DURING CONSTRUCTION
11.1 During the construction of an outdoor swimming pool a temporary fence shall be installed.
Upon substantial completion of the outdoor swimming pool, the outdoor swimming pool
enclosure shall be erected in accordance with the approved Permit and the provisions of
this By-law.
11.2 A temporary fence erected in accordance with this section shall:
(a)
be erected in a good workmanship manner;
(b)
consist of steel "T" posts spaces at not more than 1.2 metres (3.9 feet) on centre
embedded at least 600 mm into the ground;
(c)
consist of 38 mm plastic mesh fencing at least 1.2 metres (3.9 feet) in height and
securely fastened to the posts at 200 mm on center vertically and at the top and bottom
by 11 gauge steel lacing cable threaded through the mesh and looped and fastened to
each post or equal.
12.
VARIANCE FROM BY-LAW
12.1 A Person making an application for a variance from the requirements of this By-law shall:
(a)
submit a complete application in the form provided by the Township;
(b)
submit plans showing the location of the fence, buildings, structures, septic system,
tile bed, well, outdoor swimming pool, outdoor swimming pool enclosure
including gate and door locations, as applicable and in relation to lot lines;
(c)
provide details regarding the variance including why it is desired;
(d)
submit any other documents as may be required by the Township;
(e)
submit the required application fee.
13.
ESTABLISHMENT OF A VARIANCE COMMITTEE
13.1 The Committee shall hear applications for variances to the provisions of this By-law.
14.
POWERS OF THE COMMITTEE
14.1 The Committee is delegated authority by Council to hear and render decisions regarding an
application for a variance to this By-law.
14.2 The Committee, upon application of the Owner of any lot affected by this By-law, or any
person authorized in writing by the Owner, may authorize a variance from the provisions of
this By-law.
14.3 The Committee, upon receiving an application for a variance, shall consider:
(a)
whether the request is minor in nature;
(b)
whether the proposed variance is desirable and in keeping with fences in the area; and
(c)
whether the proposed variance effects safety of sight lines;
(d)
whether the proposed outdoor swimming pool enclosure meets the intent of the
safety and construction standards established by this By-law.
14.4 The Committee, upon hearing an application for a variance shall render a decision.
14.5 The decision of the Committee regarding an application for a variance shall be final and
binding.
15.
APPLICATION AND HEARING PROCESS
15.1 The hearing on any application for a variance shall be held within forty (40) days after the
application is received by the Planning and Development Department for the Township.
15.2 The Township, before the Committee hears an application, shall give notice of the
application in a manner and containing the information set out in section 15.5.
15.3 The Owner shall:
(a)
post a notice containing the information set out in section 15.5, clearly visible and legible
from a public Highway or other place to which the public has access at least ten (10)
days before the day of the hearing on an application for a variance to this by-law; and
(b)
provide to the Township's satisfaction proof of posting of the notice ten (10) days
before the day of the hearing of the application.
15.4 Notice of a hearing on an application for a variance shall be circulated by the Planning and
Development Department at least ten (10) days before the day of the hearing on an
application for a variance to this By-law to the following:
(a)
Building Department and the Public Works and Engineering Department for the purpose
of providing comments or concerns with the variance request; and
(b)
By personal service or ordinary mail to every owner of land within 60 metres of the
subject lot.
15.5 The posted Notice of hearing shall include the following:
(a)
The date, time and location of the hearing
(b)
An explanation of the purpose and effect of the proposed variance
(c)
A description of the subject land or the municipal address
(d)
How to obtain additional information regarding the application
(e)
How to obtain a copy of the decision
15.6 The hearing of every application shall be held in public, and the Committee shall hear the
applicant and every other person who desires to be heard in favour of or against the
application, and the Committee may adjourn the hearing or reserve its decision.
15.7 No decision of the Committee on an application is valid unless it is concurred in by the
majority of the members of the Committee that heard the application, and the decision of the
Committee, whether granting or refusing an application, shall be in writing and shall set out
the reasons for the decision, and shall be signed by the members who concur in the decision.
15.8 Any authority or permission granted by the Committee may be for such time and subject to
such terms and conditions as the Committee considers advisable and as are set out in the
decision.
15.9 The Planning and Development Department shall no later than ten (10) days from the making
of the decision send one (1) copy of the decision:
(a)
to the applicant;
(b)
to each person who appeared in person or by Counsel or by Agent at the hearing and
who filed with the Planning and Development Department a written request for notice
of the decision; and
(c)
to the Building Department and Public Works and Engineering Department.
16.
FEES
16.1. The fee for an outdoor swimming pool enclosure permit or a variance to this By-law shall
be as prescribed in the Township's Fees and Charges By-law and is payable upon
submission of an application.
17.
ENFORCEMENT AND PENALTY PROVISIONS
17.1 The enforcement of this By-law shall be conducted by an Officer.
17.2 An Officer may enter on land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the By-law is complied with.
17.3 Every person who contravenes any provision of this By-law and every director or officer of a
corporation, who knowingly concurs in the contravention by a corporation is guilty of an
offence and upon conviction is liable to:
(a)
on a first offence, to a fine not more than $50,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not more than
$100,000.00
17.4 Every person who is issued a Part 1 offence notice or summons and is convicted of an
offence under this By-law shall be subject to a fine, to a maximum as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
17.5 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a
power or performing a duty under this By-law.
17.6 Every person who is alleged to have contravened any of the provisions of this By-law, shall
identify themselves to an Officer upon request, failure to do so shall be deemed to have
hindered or obstructed an Officer in the execution of his or her duties.
17.7 Upon conviction any penalty imposed under this By-law may be collected under the
authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
18.
SEVERABILITY
18.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the
intention of Council of the Township that the remainder of this By-law shall continue in force
unless the court makes an order to the contrary.
19.
SINGULAR AND PLURAL USE
19.1 In this By-law, unless the context otherwise requires words importing the singular shall
include the plural and use of the masculine shall include the feminine, where applicable.
20.
REPEAL
20.1 That By-law 2002-30 and all amendments thereto are hereby repealed.
Read a first, second and third time and finally passed this 25th day of June, 2018.
_______________________ ______________________
Mayor - Kelly Linton
Clerk - Kerri O'Kane
HOUSE
HOUSE
HOUSE
HOUSE
HOUSE
HOUSE
PORCH
PORCH
PORCH
PORCH
PORCH
PORCH
STREET
STREET
STREET
CORNER LOT
CORNER LOT
INTERIOR LOT
INTERIOR LOT
INTERIOR LOT
INTERIOR LOT
R
R
R
R
R
R
I
I
I
I
I
I
E
E
F
F
F
F
F
S
S
D
D
D
D
D
D
F
I
I
F
D
D
D
D
F
F
D
D
midpoint
of house
sidewall
DRIVEWAY
DRIVEWAY
DRIVEWAY
DRIVEWAY
DRIVEWAY
DRIVEWAY
6.0 m (19' - 8 1/8")
4.0 m (13' - 1 3/8")
D - Driveway Sight Triangle
(refer to By-law for definition)
7.5 m (24' - 7 1/4")
7.5 m (24' - 7 1/4")
S - Sight Triangle
dimensions for street corners (not
highway, refer to By-law definition)
Note: These requirements are for general fences only. Refer to By-law and remainder of
Schedule
for additional requirements for fence enclosures required around swimming pools
Note: Refer to Schedule
drawing
for how to measure
heights 'A', 'B' and 'C' for various fence types
I
I
a
4.0 m
(13'-1½")
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Maximum Fence Heights
Typical Lot Plans (Res.)
Township of
Centre Wellington
'A'
Overall Height
'B'
Solid Portion
'C'
50% Open Portion
D
Driveway Sight Triangle
1.2 m (3'-11¼")
0.8 m (2'-7½")
Chain Link Only
E
Exterior Side Yard
2.0 m (6'- 6¾")
1.5 m (4'-11")
0.5 m (1'-7⅝")
F
Front Yard
1.2 m (3'-11¼")
1.2 m (3'-11¼")
Not Permitted
I
Interior Side Yard
2.0 m (6'-6¾")
2.0 m (6'-6¾")
Not Permitted
R
Rear Yard
2.5 m (8'-2⅜")
2.0 m (6'-6¾")
0.5 m (1'-7⅝")
S
Sight Triangle
1.2 m (3'-11¼")
0.8 m (2'-7½")
Chain Link Only
Maximimum Fence Height in Meters (Feet/Inches)
Label
Area
Hatch
SCHEDULE 'A'
A-1
Attached to and forming part of By-law 2018-34
'A'
'A'
A-2
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Measuring Heights for Various
Fence Types
Township of
Centre Wellington
Finished
Grade
Solid Portion
'B'
'C'
Overall Height
'A'
50%
Open
Portion
Lattice
Vertical Bars
Horz. Bars
Note: the 50% open portion must be
evenly distributed along the fence
(open area shown in gray)
Heights for Wood Fences (Solid or Shadow/'Good Neighbor')
Heights for Metal Fences (Chain Link and Iron Bar)
Finished
Grade
Overall Height
'A'
Note: These requirements are for general fences only. Refer to By-law and remainder of
Schedule
for additional requirements for fence enclosures required around swimming pools
Note: Refer to Schedule
drawing
and Table A in the By-law to determine the maximum
heights for 'A', 'B' and 'C' based on the location of the proposed fence on the property
SCHEDULE 'A'
A-2
Attached to and forming part of By-law 2018-34
'A'
'A'
A-1
(3' - 7 1/4")
Min 1.1 m
Min
Overall Height
1.5 m (4' - 11")
Pool Wall
(3' - 7 1/4")
Min 1.1 m
Overall Height
Min 1.5 m (4' - 11 1/8")
Inground Pool
(beyond)
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Measuring Heights for Various
Fence Enclosures
Township of
Centre Wellington
Above Ground Pool (Fence Enclosure Mounted on Top of Pool Sidewalls
Inground Pool (Fence Enclosure Mounted on Pool Deck or in Ground
Wood or Metal
Fence Enclosure
Max 100 mm (3 7/8")
Board/Picket Spacing
Min 1.1 m (3' - 7 1/4") Spacing
from Grade to 1st Horz. Rail
Wood or Metal
Fence Enclosure
Max 100 mm (3 7/8")
Board/Picket Spacing
Min 1.1 m (3' - 7 1/4") Spacing
Between Horzizontal Rails
Note: All horizontal rails must face towards the pool side of the fence enclosure
SCHEDULE 'A'
A-3
Attached to and forming part of By-law 2018-34
Max
Max 38 mm (1 1/2") Board Spacing
FENCE
SECTION
2.4 m (7' - 10 1/2") Post Spacing
Depth
Min 0.9 m (2' - 11 3/8")
Overall Height
Min 1.5 m (4' - 11 1/8")
Max 100 mm (3 7/8") gap
between bottom of fence
board and finished grade
Min 19 mm × 89 mm
(1"×4") fence board
Min 89 mm × 89 mm
(4" × 4") fence post
Facing Pool Not Facing Pool
Min 38 mm × 89mm (2"×4")
horizontal rails. No min
rail spacing requirement
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Wood Fence Enclosure
Solid Board
Township of
Centre Wellington
Inside Elevation (Facing the Pool)
Outside Elevation (Not Facing the Pool)
Plan (Overhead) View
Fence Section
Note: This fence style cannot be used when properties
on both sides of the fence have swimming pools
Exposed horz.
rails must face
the pool (no
min spacing)
Note: Refer to Schedule 'C' drawings C-1 and C2 to determine the maximum
height for fence enclosures based on the location on the property
SCHEDULE 'A'
A-4
Attached to and forming part of By-law 2018-34
Max
Max 100 mm (3 7/8") Board Spacing
FENCE
SECTION
2.4 m (7' - 10 1/2") Post Spacing
Max 100 mm (3 7/8") gap
between bottom of fence
board and finished grade
Min 19 mm × 89 mm
(1"×4") fence board
Min 89 mm × 89 mm
(4" × 4") fence post
Min 38 mm × 89mm
(2"×4") horizontal rails.
Overall Height
Min 1.5 m (4' - 11 1/8")
Depth
Min 0.9 m (2' - 11 3/8")
M
Horizontal Rail Spacing
in 1.1 m (3' - 7 1/4")
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Wood Fence Enclosure
Shadow/'Good'Neighbor'
Township of
Centre Wellington
Inside Elevation (Facing the Pool)
Outside Elevation (Not Facing the Pool)
Plan (Overhead) View
Fence Section
Note: Refer to Schedule
drawings
and
to determine the maximum
height for fence enclosures based on the location on the property
Horz. rails must
be spaced a
min 1.1 m
(3' - 7 1/4")
SCHEDULE 'A'
A-5
Attached to and forming part of By-law 2018-34
'A'
A-1
A2
FENCE
SECTION
Max 2.4 m (7' - 10 1/2") Post Spacing
Max 38 mm (1 1/2") Mesh Size
Overall Height
Min 1.5 m (4' - 11 1/8")
Depth
0.76 m (2' - 5 7/8")
Max 100 mm (3 7/8") gap
between bottom of fence
board and finished grade
Galv. wire threaded through
bottom of mesh required,
attached to post at each end
Min 38 mm (1 1/2") galv. end/
gate posts and min 32 mm
(1 1/4") galv. interior posts
Min 32 mm (1 1/4")
galv. top rail
Min 14 ga. galv. wire or
2 ga. vinyl mesh, max
38 mm (1 1/2") mesh
Max 38 mm (1 1/2")
Mesh Opening
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Metal Fence Enclosure
Chain Link
Township of
Centre Wellington
Elevation
Plan (Overhead) View
Fence Section
Note: Refer to Schedule
drawings
and
to determine the maximum
height for fence enclosures based on the location on the property
SCHEDULE 'A'
A-6
Attached to and forming part of By-law 2018-34
'A'
'A'
A-1
A2
Max 100 mm (3 7/8") Picket Spacing
FENCE
SECTION
Max 2.4 m (7' - 10 1/2") Post Spacing
Max 100 mm (3 7/8") gap
between bottom of fence
board and finished grade
Fence post embeded
into concrete below grade
Overall Height
Min 1.5 m (4' - 11 1/8")
Depth
0.9 m (2' - 11 3/8")
M
Horizontal Rail Spacing
in 1.1 m (3' - 7 1/4")
Scale
Drawn By:
Township of Centre Wellington Fence By-law
May 15, 2018 as Amended May 16, 2018
TYPICAL FENCE ILLUSTRATIONS
Drawing No.
N.T.S.
Metal Fence Enclosure
Iron Bar
Township of
Centre Wellington
Elevation
Plan (Overhead) View
Fence Section
Note: Refer to Schedule
drawings
and
to determine the maximum
height for fence enclosures based on the location on the property
SCHEDULE 'A'
A-7
Attached to and forming part of By-law 2018-34
'A'
'A'
A-1
A2