By-law 2024-021, A By-law to Regulate Fences in the Township of Mapleton — full text

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## The Corporation of the Township of Mapleton ## By-law 2024-021 A By-law to regulate fences in the Township of Mapleton and to Repeal By-law 2005-004 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. 0. 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 Mapleton 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 Mapleton hereby enacts as follows: 1. DEFINITIONS 2. 1.1 In this By-law: 3. "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 highest graded side of 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 permanently affixed 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 Fence's highest side 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 o 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 repai andpany on the lot in accordance with the standards for the maintenance and "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 facili cated on agricultural propert - (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, togeth ith any included door or gate completely surrounding an outdoor swimming pool, but shall n 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 Mapleton or the land within the geographic limits of the Corporation of the Township of Mapleton 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 seal be ung yard measurements the minimum horizontal distance from the respective lot lines "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. - 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. - A fence which is required and approved by the Township as a condition of developmen 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 pric · the passing of this By-law shall be deemed to be legal non-complying provided the outdoc swimming pool enclosure is maintained in good repair. - 2.7 The replacement of an outdoor swimming pool enclosure is subject to the provisions an Permit requirements outlined in this By-law ## 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. - 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 and self closing 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; - 1) or 24 tope ceo, preciator rust aard ty he are minimum deat degree angle; or, - ) on the top of a fence erected for security purposes around any recreational, operation r storage facility owned and operated by the Townshi ## 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 | TABLE A MAXIMUM FENCE HEIGHT | TABLE A MAXIMUM FENCE HEIGHT | TABLE A MAXIMUM FENCE HEIGHT | 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 | 2.32 m | 2.32 m | 2.32 m | | 2 | Interior Side Yard between buildings | 2.32 m | 2.32 m | 2.5m | | 3 | Rear Yard not within 4 metres of lot / street line | 2.5 m | 2.5 m | 2.5 m | | 4 | Front Yard and remainder of Exterior Side Yard | 1.2 m (1) | 1.2 m (1) | 1.2 m (1) | | 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 | 2.32 m above surface of deck | 2.32 m above surface of deck | 2.32 m above surface of deck | | | 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 | 2.32 m | 2.32 m | 2.5 m | ## Notes: - See restriction in height to 0.8 metres (2.6 feet) in Sight Triangle and Driveway Sight Triangle. - (2) For a Typical Lot Plan and Typical Fence Illustrations refer to Schedule A Drawing No's A1 to A7 of this By-law. - (3) Farm fences are exempt of height requirements for the purpose of farm practices. - 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 a required by the Township's Zoning By-law unless the fence is constructed with 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 - (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; - 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: | Minimum Chain Link Fence Construction Standards | Minimum Chain Link Fence Construction Standards | Minimum Chain Link Fence Construction Standards | 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 11 gauge galvanized wire gauge total thickness | & 2 Gauge vinyl for 12 & 2 Gauge vinyl for 9 gauge total thickness | | 3 | Gate & End Posts Post Diameter Depth of Embedment | 38 mm 760 mm | 60 mm 760mm in 200mm 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 32mm | 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 Bylaw. | Table C Minimum Wood Fence Construction Standards | Table C Minimum Wood Fence Construction Standards | Table C Minimum Wood Fence Construction Standards | 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 max. 38mm max. where Horizontal Rails are spaced less than 1.1 mm apart 100mm max. where Horizontal Rails are spaced more than 1.1 mm apart | 19 mm X 89 mm max 38mm max. where Horizontal Rails are spaced less than 1.1 mm apart 100mm max. where Horizontal Rails are spaced more than 1.1 mm apart | | 2 | Horizontal Rail Size | 38 mm X 89 mm | 38mm X 89 mm | | 3 | Space Between Bottom of Fence and Finished Grade | 100mm Maximum | 100mm Maximum | | 4 | Posts Size Spacing Embedment | 89 × 89 mm 2.4 metres | 89 × 89 mm 2.4 metres 900 mm min. below grade | 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 | Table D Minimum Metal Picket Fence Construction Standards | Table D Minimum Metal Picket Fence Construction Standards | Table D Minimum Metal Picket Fence Construction Standards | |-------------------------------------------------------------|-------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------| | | Fence Components | Single Family Residential Property | Multiple Residential Property or non- Residential Property | | 1 | Vertical picket Spacing | 38mm max. where Horizontal Rails are spaced less than 1.1 apart spaced less than 1.1 mm 100mm max. where Horizontal Rails are spaced more than 1.1 | 38 mm max. where Horizontal Rails are apart 100mm max. where Horizontal Rails are spaced more than 1.1 mm apart | | 2 | Horizontal Rail Size | 38 mm X 89 mm | 38mm X 89 mm | | 3 | Posts Spacing Embedment | 2.4 metres In concrete a 900mm min. below grade | 2.4 metres in concrete a 900mm min. below grade | Note: For Typical Fence Illustrations refer to Schedule A - Drawing No.'s A2 to A7 of this Bylaw. - 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 | Table E Minimum Height of Outdoor Swimming Pool Enclosure | Table E Minimum Height of Outdoor Swimming Pool Enclosure | Table E Minimum Height of Outdoor Swimming Pool Enclosure | 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 Bylaw. - 6.4 An outdoor swimming pool enclosure shall: - a) not use or incorporate barbed wire, electrification, or other features designed to cause injury; - ) not be directly accessible from a door of a building unless the door is equipped with elf closing and lockable device in accordance with Section 8 of this By-lav - 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. ## 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 which does not permit the door to stay open more than 4". 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 Ibs), which is fitted to the hot tub, whirlpool or spa with a lockable cover. ## 11 OUTDOOR SWIMMING POOL ENCLOSURE - TEMPORARY DURING CONSTRUCTION - 1.1 During the construction of an outdoor swimming pool a temporary fence shall be installe pon substantial completion of the outdoor swimming pool, the outdoor swimming por 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 600mm 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 200mm 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 - 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 - 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. - 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 an ho filed with the Planning and Development Department a written request for notic 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 Town'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 2005-004 and all amendments thereto are hereby repealed. ## Read a first, second and third time and finally passed this 30th day of April, 2024. Mayor- Clerk-  ---