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THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW 2017-40
A By-law for prescribing the height and description of
fences within the Township of Essa; and to repeal By-law
2013-32.
WHEREAS it is considered desirable that where fences are constructed, such fences
should be regulated with respect to height and description in order to maintain the amenities of
the area and the free movement of light and air; and
WHEREAS it is deemed responsible and necessary to establish fencing restrictions to
regulate fences for purposes related to the health, safety and well-being of the inhabitants of the
Municipality; and
WHEREAS the Council of the Corporation of the Township of Essa has, pursuant to the
Municipal Act, R.S.O. 2001, authority to enact this By-law.
NOW THEREFORE the Council of the Corporation of the Township of Essa enacts as
follows:
SECTION 1 - DEFINITIONS
1.1
In this By-law unless the context otherwise requires,
Daylighting Triangle
"Daylighting Triangle" means an area to be kept free of buildings or structures
excepting landscaping, which area is to be determined by measuring, from the point of
intersection of property lines on a corner lot, along each property line and joining such
end points with a straight line to form a triangle. The triangular-shaped area between
the intersecting property lines and the straight line joining the end points is the
"Daylighting Triangle".
1.2
Corner Lot
"Corner Lot" means a lot situated at the intersection of and abutting on two or more
streets provided that the angle of intersection of such streets is not more than 135
degrees.
1.3
Fence
"Fence" means a barrier erected or grown dividing two or more properties or which
marks or substantially marks the boundary. In the case of an outdoor swimming pool, a
fence may include buildings or structures but shall NOT include shrubs or hedges.
1.4
Front Yard
"Front Yard" means a yard extending across the full width of a lot between the front lot
line and the nearest wall of the principle building or structure on the lot.
1.5
Height
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"Height" means the vertical distance measured between the ground level and the
highest point of the fence. Where the ground levels are not the same on both sides of
the fence, the higher of such levels shall be considered the ground level for purposes of
the height. In the case of a fence located on top of a retaining wall or wall of an above-
ground pool, height means the combined vertical distance between the lowest point of
the retaining wall or swimming pool and the highest point of the fence.
1.6
Lot
"Lot" means all contiguous land under one ownership.
1. 7
Exterior Lot Line
1.8
1.9
"Exterior Lot Line" means the longer of the lot lines of a corner lot which abut a street.
Municipality
"Municipality" means the Corporation of the Township of Essa.
Open/Closed Construction
"Open Construction" means that there exists a space or open area between fence
components to allow for visibility of objects on the other side. This includes the open
areas of chain link fences and horizontal/vertical spaces in wooden fences provided the
open spaces are: a minimum of 3.8 centimetres (1 Yi inches) gauge for chain link
fencing or 10 centimetres (4 inches) for wooden construction fencing. This may also
include wrought-iron or cedar rail fences.
"Closed Construction" means solid brick, solid concrete, continuous steel panels,
translucent panels, or abutting wooden boards forming "privacy" fencing.
1.10
Pool
"Pool" means a private outdoor swimming pool, either above-ground or inground,
contained by artificial means in which the depth of water at any point can exceed 0.45
metres (18 inches) but NOT to include hot tubs or landscaping ponds.
SECTION 2 - GENERAL PROVISIONS
2.1
Scope
The provisions of this By-law apply to all lands within the Township of Essa.
2.2
Conditions for Construction of Fences
No person shall construct a fence within the Township except in accordance with the
specifications and applications on which permission was granted as authorized by the
Township.
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Page 3 of 6
2.3
Obstructions of Streets
2.4
2.5
2.6
2.7
No person shall place or maintain a fence or other barrier either permanently, or
temporarily on any street except in association with Public Works operations or for
emergency protection measures with the approval of the appropriate staff member or
designate of the Municipality.
Shrubs and Hedges
Hedges and shrubs used as fences shall be maintained at a height not in excess of the
heights specified for fences.
Privately Owned Outdoor Swimming Pools
Notwithstanding any other provision of this By-law, all owners of privately owned
inground or above-ground pools shall erect and maintain fences and gates around such
swimming pools to the following specifications:
a) The minimum height of a fence shall be 1.2 metres (4 feet) unless an above-
ground pool has rigid sides, without a deck, that are 1.2 metres (4 feet) above
finished grade in which case then the sides can be considered as the barrier to
restrict access provided the access ladder is removable and stored in a secure
location when not in use or the access ladder has a roll-up type cover that is
lockable;
b) The fence must completely enclose a pool on all sides with an entrance gate
which shall be provided with a self closing device and a secure lock or latch to be
out of reach of small children;
c) Fences are to be constructed of approved, suitable materials acceptable to the
Municipality and may include solid wooden construction, panels or panel pieces
that securely affix to the top of an above-ground pool, or, properly erected chain
link, wrought iron, wooden or other fencing, none of which can be climbed or
whereby vertical components are spaced greater than 4 inches apart, to the
satisfaction of the Municipality. Chain link fencing must consist of wire of a size
not less than 12 gauge galvanized or plastic coasted with links of an opening of
not more than 38 millimetres (1.5 inches); and
d) The fencing around a lot may be utilized if such fence meets the height and
material requirements above.
Fence on Boundary of Different Zones
Where a lot line follows a Zone boundary in accordance with the Zoning By-law of the
Municipality, a fence may be erected to the specification of the Zone with the highest
height restrictions.
Setbacks
All setbacks for fences shall be measured from an owner's property lines.
2.8
Township Property
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No person shall erect a fence which contains a gate structure that abuts Township
property without the prior approval of the Township.
2.9
Public Uses
The provisions of this By-law shall not apply to fences constructed for the purpose of
public service by the Corporation of the Township of Essa, and/or any Public authority,
any department of the County of Simcoe, and department or ministry of the Government
of Ontario or of Canada including Ontario Hydro or any telephone, communication or gas
company, this includes fencing surrounding stormwater management ponds.
SECTION 3 - RESTRICTIONS IN ALL RESIDENTIAL ZONES
In all Residential Zones of the Municipality the following provisions shall apply.
3.1
No person shall use or allow the use of barbed wire or other barbed material or any
material of a nature which could be injurious to the public, including devices projecting
electric current through a fence.
3.2
No person shall construct a fence from temporary fencing, chicken wire, farm wire,
or ungraded, used material.
3.3
Any fence constructed shall be compatible to the area and finished in such
a
manner as to be aesthetically pleasing so as not to offend, to the satisfaction of the
Municipality. This would include conventional, privacy or acoustic, fencing found for sale
at building supply retailers wherein vertical planks 25 millimetres (1 inch) thick are
attached to a top and bottom rail.
3.4
A fence having a maximum height of 2 metres (6.6 feet) may be erected along the rear
and side lot lines except in the front yard on a property. Fencing within a front yard must
be less than 1.2 metres (4 feet) and of open construction.
3.5
Corner lots shall provide a daylighting triangle of not less than 4.5 metres (15 feet) in the
case of local roads intersecting and 7.5 metres (25 feet) where one or more collectors,
County or Provincial road(s) would abut the lands where a fence is to be constructed.
SECTION 4 - RESTRICTIONS IN ALL COMMERCIAL ZONES
In all Commercial Zones of the Municipality, the following provisions shall apply.
4.1
A fence having a maximum height of 1.8 metres (6 feet) may be erected along the rear
and side lot lines to the front wall of the principle building or structure on a lot.
4.2
Fencing within a front yard must be less than 1.2 metres (4 feet) and of open
construction.
4.3
Corner lots shall provide a daylighting triangle of not less than 4.5 metres (15 feet) in the
case of local roads intersecting and 7.5 metres (25 feet) where one or more collectors,
County or Provincial road(s) would abut the lands where a fence is to be constructed.
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4.4
Council has the authority to approve an alternative form or height of fencing as shown on
a commercial site plan drawing.
SECTION 5 - RESTRICTIONS IN INDUSTRIAL ZONES
.
.
In all Industrial Zones of the Municipality, the following provisions shall apply.
5.1
Surrounding an aggregate operation, a fence of heavy duty farm fencing with a minimum
height of 1.5 metres (5 feet) and maximum height of 2.4 metres (8 feet) shall be
erected and maintained or as provided in a licence issued pursuant to the Mineral
Aggregates Act. Such fence shall follow the contours of the surface of the ground along
the perimeter of the lot or area of the lot to be used for a pit operation.
5.2
Where land is used for the purpose of a salvage yard or automobile wrecking yard, the
use shall be surrounded on all sides by a fence that is a minimum height of 1.8 metres (6
feet) and a maximum height of 2.4 metres (8 feet) unless otherwise is approved on a site
plan by Council for the Municipality.
5.3
Corner lots shall provide a daylighting triangle of not less than 4.5 metres (15 feet) in the
case of local roads intersecting and 7.5 metres (25 feet) where one or more collectors,
County or Provincial road(s) would abut the lands where a fence is to be constructed.
5.4
For all other industrial uses, Council has the discretion of approving an alternate form or
height of fencing as shown on the relevant site plan.
SECTION 6 - RESTRICTIONS IN AG RIC UL TURAL OR RURAL ZONES
6.1
Fencing for farm use is permitted and NOT subject to the terms and fees of this By-law.
This includes a fence erected for the purpose of containing livestock, enclosing crops,
water areas, woodlots, buildings, fields or laneways for the agricultural operations.
6.2
Fencing of all other non-farm uses including surrounding a pool and/or a residential
dwelling unit shall comply to the General Provisions or Residential Restrictions as
established in Sections 2 or 3 of this By-law.
SECTION 7-SPECIAL PROVISIONS-RECREATIONAL FACILITIES
Notwithstanding the provisions of this By-law, chain link or other fences for recreation
and related facilities shall be permitted provided, subject to the approval of Council of the
Municipality.
SECTION 8 - OFFENCES AND PENAL TIES
8.1
Every fence that is erected in breach of the provisions of this By-law shall be removed
and/or made to conform to the provisions of the By-law within 5 days of receiving written
notice of non-conformity from the Municipality.
8.2
In addition to any other party who commits the offence, the owner, lessee or any
occupant of any property on which a fence is constructed other than in accordance with
the provisions of this By-law shall be deemed to commit the offence.
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8.3
Any person convicted of a breach of the provisions of this By-law shall forfeit and pay, at
the discretion of the Convicting Judge or Justice, a penalty not exceeding (exclusive of
cost) the sum of $5,000.00 for each such offence.
8.4
In this By-law, where any person is directed to do any matter or thing in default of its
being done by the person directed to do it, such matter or thing may be done by the
Municipality and such expense may be recovered by action or in like manner as
Municipal taxes.
SECTION 9-APPROVAL OF BY-LAW
9.1
By-law 2013-32 is hereby repealed.
9.2
This By-law shall come into force and take effect upon the day it is finally passed.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED on this the 5 th day of July, 2017.
~=-
Terry Dowdall:=-;\llayor
Bonnie Sander, Clerk