Fences By-law 2019-20

Newmarket, Ontario · adopted 2019-04-15

This is the exact embedded text of the captured official document. Snapshot b266beaba886 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Fence Bylaw 2019-20 Page 1 of 12 Corporation of the Town of Newmarket By-law 2019-20 OFFICE CONSOLIDATION This is a consolidation of the Town's By-law to prescribe the Height and Description of Fences and Privacy Screens within in the Town of Newmarket, being By-law 2019-20, as amended by the below listed by- laws and is prepared for reference and information purposes only. The following consolidation is an electronic reproduction made available for information only. It is not an official version of By-law 2019-20. Official versions of all by-laws can be obtained from Legislative Services by calling 905-953-5300. If there are any discrepancies between this consolidation and By-law 2019-20 and listed amending by-laws the official by-laws shall prevail. 2023-36 - June 5, 2023 Regarding Hearing Officers A By-law to prescribe the Height and Description of Fences and Privacy Screens within the Town of Newmarket. Whereas section 11 (3) 7 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Act") provides that a lower-tier municipality may pass by-laws respecting structures, including Fences and signs; and, Whereas Subsection 98(1) and (2) of the Municipal Act, 2001 provides that a Bylaw may be passed by a municipality stating that the Line Fence Act, R.S.O., Ch. L. 17 ("Line Fence Act") does not apply to all or part of municipality, subject to the continuing applicability of Section 20 of the Line Fence Act; and, Whereas section 26 of the Line Fences Act states that the Line Fences Act, except section 20, does not apply to land in an area that is subject to a by-law for apportioning the costs of line Fences passed under the Act; and, Therefore be it enacted by the Council of the Corporation of the Town of Newmarket as follows: a. Definitions Note: Defined terms in this By-law are in bold and the first letter has been capitalized. In this By-law "Accessory Outdoor Storage" means the incidental storage of equipment, goods, or materials that are directly related to the lot, outside of any building or structure. "Building" means any Building of structure that is designed or constructed to be used as the principal or main Building on a lot and does not include accessory structures or Buildings. Fence Bylaw 2019-20 Page 2 of 12 "Council" means the elected Council of the Corporation of the Town of Newmarket. "Corner Lot" means a lot situated at the intersection of and abutting onto two or more streets or two sections of the same street, provided that the angle of intersection of such street(s) is not more than one hundred and thirty-five degrees (135°). "Daylighting Triangle" " means the area within a triangle formed by measuring a prescribed distance along two specified intersecting lines and a third line joining the terminal points of the two measured lines. "Deck" means a platform, with no solid roof or walls, which is constructed on piers or a foundation above finished Grade adjacent to a ground floor or walkout basement wall, is used as an outdoor living area. "Director" means the Director, Legislative Services/ Town Clerk of the Town and his/her designate. "Division Fence" means a Fence, Hedge or combination thereof used to define a property Lot Line. "Fees and Charges By-law" means the General Fees and Charges By-law, as amended for the Legislative Services Department. "Fence" means any structure constructed of building materials designed for exterior use including but not limited to posts, boards, panels, pickets, pilings, wood, fiberglass, plastics, metal, lattice, rails, wire, chain link, masonry or similar materials or any combination thereof which delineates any Yard or outdoor area but does not include trellis or arbour. "Grade" means the level of the ground adjacent to the outside wall of a Building or structure. "Hearing Officer" means the Hearing Officer appointed by the Town; "Hedge" means a continuous line or shrubs or other plant material closely growing bushes, trees, shrubs or other plantings used to define a property Lot Line, but shall not include closely growing bushes, trees, shrubs or other plantings on the interior side of a Fence. "Height" means the total Height at any point along a Fence, Hedge, Division Fence or Privacy Screen measured from the highest level of Grade on either side of the Fence or Privacy Screen at any point along the Fence or Privacy Screen from a point that is less than 0.6 metres (2 feet) from the Fence or Privacy Screen and includes the posts, rails and any decorative "lattice" or similar form of capping. In the case of a Fence, Division Fence or Privacy Screen located on top of a retaining wall, Height shall mean the vertical distance between the top of the retaining wall and the highest point of the Fence or Privacy Screen. "Height" means the vertical distance measured between the finished Grade and the highest point of a Fence, Hedge, Division Fence or Privacy Screen or any part thereof, directly above; in the case of a Fence, Hedge, Division Fence or Privacy Screen located on top of a retaining wall, Height shall mean the vertical distance between the top of the retaining wall and the highest point of the Fence, Hedge, Division Fence, or Privacy Screen directly above. Fence Bylaw 2019-20 Page 3 of 12 "Line Fences Act" means Line Fences Act, R.S.O. 1990, c. L.17, as amended, from time to time. "Lot Line" means a boundary of a lot including its vertical projection. "Lot Line, Exterior Side" means a side Lot Line which abuts the street on a Corner Lot. "Lot Line, Front" means: (a) In the case of an interior lot, shall be the Lot Line abutting a street. (b) In the case of a Corner Lot, shall be the shorter Lot Line that abuts a street. (c) In the case of a Corner Lot with two Street Lines of equal length, shall be the Lot Line which abuts a Regional Road. In the case that both abutting streets are under the same jurisdiction or are of the same width, the Municipality may designate either Street Line as the front Lot Line. (d) In the case of a Corner Lot abutting a 0.3 metre reserve, shall be the Lot Line which does not abut the 0.3 metre reserve. (e) In the case of a through lot, shall be the longer boundary dividing the lot from the street. In the case that both such Lot Lines shall be of equal length, the Municipality may designate either Street Line as the front Lot Line. "Lot Line, Rear" means the Lot Line or intersection of the side Lot Lines, opposite to, and most distant from, the front Lot Line. "Lot Line, Side" means a Lot Line, other than a front or rear Lot Line. In the case of a Corner Lot, the Lot Line that abuts a street shall be identified as the Exterior Side Lot Line. "Municipal Act" means Municipal Act, 2001,c.25, as amended, from time to time. "Municipal Law Enforcement Officer" means a Person appointed by Council as a Municipal Law Enforcement Officer and shall also include an officer of the York Regional Police Service. "Non-residential Property" means land used for other than residential purposes and includes land used for both residential and other purposes. "Owner" means the registered Owner, lessee, tenant, mortgagee in possession and/or the Person in charge of any property. "Person" means an individual, business, firm, body corporate, corporation, association, or municipality. "Privacy Screen" means a visual barrier constructed of building materials designed for exterior use including but not limited to posts, boards, panels, pilings, lattice, rails, wire, chain link, masonry or similar materials or any combination thereof used to shield any part of a Yard from view from any adjacent lot or highway. "Residential Property" means land used for residential purposes. "Street Line" means the boundary between a public or private street and a lot. "Town" means Corporation of the Town of Newmarket. Fence Bylaw 2019-20 Page 4 of 12 "Water Gate" means a gate, or valve, by which a flow of water is permitted, prevented, or regulated. "Yard" means an open, uncovered space on a lot re to a Building and unoccupied by Buildings or structures except as may be expressly permitted by this By-Law but does not include a court yard. In determining Yard measurements the minimum horizontal distance from the respective Lot Line(s) shall be used. "Yard, Exterior Side" means the Yard of a Corner Lot extending from the Front Yard to the Rear Yard between the Exterior Side Lot Line and the nearest main wall of the principal Building or structure on the lot. "Yard, Front" means a Yard extending across the full width of a lot between the front Lot Line and the nearest wall of the principal Building or structure on the lot. "Yard, Interior Side" means a Yard other than an Exterior Side Yard, extending 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. "Yard, Rear" means a Yard extending across the full width of a lot between the rear Lot Line and the nearest wall of the principal Building or structure on the lot. "Zoning By-law" means the Zoning By-law of the Town passed under the Planning Act, R.S.O. 1990 as amended, from time to time. 2.0 Administration and Exemption 2.1 Interpretation: (a) A word interpreted in the singular number has a corresponding meaning when used in the plural. (b) The imperial measurements included in this by-law are for information only and are intended to be an approximate conversion of the metric measurements, which shall prevail in the event of any conflict. 2.2 This By-law shall be administered by the Director. 2.3 This By-law shall not apply to any Fence, Division Fence or Privacy Screen erected for government or other public purposes by the Town, the Regional Municipality of York, or any Provincial or Federal governmental authority. 2.4 Where a property is subject to a site plan agreement under Section 41 of the Planning Act, R.S.O.,1990, any Fences shall comply with the site plan agreement. 2.5 Where a Fence has been installed pursuant to a subdivision agreement under Section 51 of the Planning Act, R.S.O., 1990, any Fences shall comply with the subdivision agreement. 3.0 General Provisions 3.1 No Person shall erect a Fence or Privacy Screen or Division Fence or cause a Fence, Privacy Screen or Division Fence to be erected, Fence Bylaw 2019-20 Page 5 of 12 (a) which is wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material (b) which is wholly or partly constructed from sheet metal or corrugated metal panels manufactured chipboard, waferboard, plywood or similar manufactured wood products. (c) which contains a device for projecting an electric current. 3.2 No Person shall construct a Fence over a drainage easement or watercourse without constructing a Water Gate sufficient to ensure adequate drainage. 3.3 All Water Gates on Fences shall at all times be kept free from obstruction by the Owner of such Fence. 3.4 Notwithstanding any other provision of this By-law, no Person shall construct a Fence, Division Fence or Privacy Screen so as to obstruct access to any hydro or water meter or meter reading device by any employee, officer or agent of Newmarket-Tay Hydro or the Town. 3.5 No Person shall construct a Fence, Privacy Screen or Division Fence that is greater than 20 centimetres (8 inches) wide. 3.6 Every Fence, Privacy Screen and Division Fence shall be constructed and maintained by its Owner in a structurally sound condition and in good repair. For the purpose of this subsection, maintenance of a Fence, Privacy Screen or Division Fence with a surface that has been previously painted, stained, varnished or which has been treated with other similar protective finishes shall be maintained so that such finish does not visibly deteriorate. 3.7 The Owner of any Fence or Division Fence or the agent or employee of such Owner is permitted to enter upon the land adjoining the Fence after having given at least 24 hours written notice of intention to enter to the adjoining property Owner or tenant for the purpose of making necessary and appropriate repairs, alterations or improvements to such Fence but only to the extent necessary to effect such repairs, alterations or improvements and provided that the adjoining land shall be left in the same condition it was prior to such entry. 3.8 A Hedge in any Yard shall not be in excess of the Height limits contained within this By-law except for the provision for width set out in section 3.5 of this By-law 3.9 In the case of a Corner Lot, no Person shall erect a Fence or cause a Fence to be erected within a Daylighting Triangle formed by measuring five metres (5 m) along the Lot Lines from the intersection of any two highways or at the intersection of two parts of the same highway meeting at an angle of not more than one hundred and thirty- five (135) degrees. 3.10 In the case of any lot, no Person shall erect a Fence or cause a Fence to be erected within a Daylighting Triangle formed by measuring five metres (5 m) along the Lot Line and a driveway, at the intersection of the driveway and the Lot Line abutting the highway. 3.11 The area within the Daylighting Triangle shall be determined by measuring from the point of intersection of two Street Lines or the extension of such lines on a corner lot. Fence Bylaw 2019-20 Page 6 of 12 4.0 Fences in Residential Zones 4.1 No Person in a residential zone shall erect or construct a Fence or Division Fence in the Town in excess of the following Height requirements; (a) Rear Yard: No Fence erected in a Rear Yard shall exceed 2.1 metres (7 feet) in Height provided that in the case of a Corner Lot, where a Rear Yard abuts a Front Yard or Interior Side Yard of an adjacent lot, no Person shall construct a Fence, Division Fence or Privacy Screen that exceeds 1.8 metres (6 feet) in Height. (b) Interior Side Yard: No Fence erected in an Interior Side Yard shall exceed 1.8 metres (6 feet) in Height. (c) Front Yard: No Fence erected in a Front Yard shall exceed 1 metre (3 feet) in Height. (d) Exterior Side Yard: No Fence erected in an Exterior Side Yard shall exceed 1.8 metres (6 feet) in Height. (e) Notwithstanding clauses 4.1(a) to (d), a Fence abutting an arterial road designated in the Town's Official Plan may have a Fence that does not exceed 2.4 metres (8 feet) in Height along a rear Lot Line abutting said arterial road. (f) Where the Rear or Side Yard of any lot abuts the Side or Rear Yard of any of any other lot, any Fence to be erected shall not exceed the requirement of any Fence that may be erected on any such abutting lot, that is to say the more restrictive provisions of this by-law shall apply except in those situations set out in clauses 4(a) and 4(d) above. (g) Notwithstanding section 4 of this by-law and the definitions of Yards, where the principal entrance of a Residential Property is located in an Exterior Side Yard: i. The Exterior Side Yard shall be deemed to be the Front Yard. ii. The Front Yard shall be deemed to be the Exterior Side Yard. 5.0 Privacy Screens in Residential Zones 5.1 Every Privacy Screen shall be: (a) located within Interior Side, Exterior Side or Rear Yards only; (b) Privacy Screens located in a Front Yard maybe erected between adjacent independent entrances of semi-detached, townhouse and link dwellings providing that; i. the Privacy Screen shall not encroach more than 1.2 metres (4 feet) from the wall containing the adjacent independent entrances; and ii.shall not exceed 1.8 metres (6 feet) in Height; (c) not closer to a Lot Line or a Street Line than a Deck would be permitted to be located pursuant to the Zoning By-law; Fence Bylaw 2019-20 Page 7 of 12 (d) no longer than 12 metres (39 feet) in total length and no individual section of length is longer than 5 metres (16 feet); and (e) no more than 3 metres (10 feet) in Height if constructed at Grade level and no more than 2 metres (6.5 feet) in Height if constructed on a Deck. 6.0 Fences and Privacy Screens in Non-Residential Zones 6.1 No Fence in any non-residential zone shall be: (a) greater than 3 metres (10 feet) in Height within the Interior Side, Exterior Side or Rear Yards; or (b) greater than 1.5 metres (5 feet) in Height within the Front Yard, except where Accessory Outdoor Storage is lawfully maintained within the Front Yard, in which case the provisions of this By-law relating to Accessory Outdoor Storage shall apply. 6.2 In a non-residential zone that permits Accessory Outdoor Storage pursuant to the Zoning By-law, the area used for Accessory Outdoor Storage shall be screened so that the goods, materials, equipment or machinery are not visible from any street or abutting lots. The Privacy Screening shall be provided by any combination of Fences, walls, berms, landscaping and plantings that are: (a) not less than 2 metres (6.5 feet) and a maximum 3 metres (10 feet) in Height; and (b) constructed of permanent non-transparent materials or vegetation that provides a visual barrier. 7.0 Line Fences Act 7.1 With the exception of section 20 in the Line Fences Act, the Line Fences Act shall not apply to any part of the Town. 8.0 Power of Entry 8.1 The Town may enter on a property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) the provisions of this By-law; (b) an order issued under this By-law; or (c) an order made under section 431 of the Municipal Act. 8.2 Where an inspection is conducted by the Town, the Person conducting the inspection 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 and extracts; Fence Bylaw 2019-20 Page 8 of 12 (c) require information from any Person concerning a matter related to the inspection including their name, address, phone number and identification; 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. 8.3 The Town may undertake an inspection pursuant to an order issued under section 438 or the Municipal Act. 8.4 The Town's power of entry may be exercised by an employee, officer or agent of the Town or by a member of a police force with jurisdiction, as well by any Person under his or her direction. 9.0 Order 9.1 When a Fence or Privacy Screen is erected or altered in contravention of the provisions of this By-law, the Director may issue an order to any Person who: (a) has erected or altered or caused or permitted to be erected or altered, a Fence or Privacy Screen on property contrary to the provisions required of this By-law; or (b) the order shall require the Fence or Privacy Screen to be brought into compliance with this By-law within a timeframe indicated in the order and shall include reasonable particulars to identify the contravention, the location of the contravention and the date by which the Fence must be brought into compliance with the By-law. (c) the order shall be served personally on the Owner, or to an email address that the Person has provided to the Town or posted at the address of the Owner where the Fence was erected or altered, or sent by registered mail to the last known address of the Owner, in which case it shall be deemed to have been given on the 5th calendar day after it is mailed. (d) if there is evidence that the occupant of the land is not the registered property Owner, the order shall be served on both the registered property Owner and the occupant of the land. 10.0 Remedial Action 10.1 Wherever this By-law, or an order issued under this By-law, directs or requires any matter or thing to be done by any Person within a specified time period, in default of it being done by the specified time period, remedial action may be initiated by the Director, or a Town designate. The Town may recover, from the Person directed or required to do the matter or thing, the costs incurred through a legal action or by recovering the costs in the same manner as taxes. 10.2 For the purposes of taking remedial action under Section 10.1 the Town, its Staff and/or its agents may enter, at any reasonable time, upon any lands on which a default to carry out a required thing or matter occurred. Fence Bylaw 2019-20 Page 9 of 12 11.0 Penalty Provision 11.1 Any Person who contravenes a provision of this By-law, including an order issued under this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended 11.2 If a Fence or Privacy Screen has been erected or altered in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing of Fence for each day or part of a day that the contravention remains uncorrected. 11.3 If an order has been issued under this By-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing of Fence for each day or part of a day that the order is not complied with. 11.4 Any Person who is guilty of an offence under this By-law shall be subject to the following penalties pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended: (a) Upon a first conviction, the minimum fine shall be $350.00 and the maximum fine shall be $100,000.00; (b) Upon a second or subsequent conviction for the same offence, a fine shall be a minimum of $500.00 and the maximum fine shall be $100,000.00; (c) Upon conviction for a continuing offence, the minimum fine shall be $500.00 and the maximum fine shall be $10,000.00 for each day or part of a day that the offence continues; and (d) Upon conviction of a multiple offence, for each offence included in the multiple offence, the minimum fine shall be $500.00 and the maximum fine shall be $10,000.00. 11.5 For the purposes of this By-law, "multiple offences" means an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of a provision of this By-law. 11.6 For the purposes of this By-law, an offence is a "second or subsequent offence" if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. 11.7 Where an authorized officer or Municipal Law Enforcement Officer has reasonable grounds to believe that an offence has been committed by any Person or Owner, the authorized officer or Municipal Law Enforcement Officer may require the name, address and proof of identity of that Person or Owner, and the Person or Owner shall supply the required information. 12.0 Collection of Unpaid Fines 12.1 If any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, R.S.O. 1990, c. P.33 , as amended, including any extension of time for payment ordered under that section, The Director may give the Person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final Fence Bylaw 2019-20 Page 10 of 12 date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice; 12.2 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act. 13.0 Variance 13.1 Where a proposed or existing Fence or Privacy Screen is not in compliance with this By-law, the Owner of the lot on which the Fence or Privacy Screen is or is proposed to be constructed, or an authorized agent of the Owner, may request a variance from any of the applicable provisions of this By-law. 13.2 An application for a variance shall be made on the form prescribed by the Town and shall be accompanied by the non-refundable variance application fee in the Fees and Charges By-law. 13.3 A request for a variance shall be submitted to the Director on the application form prescribed by the Town and shall only be deemed to be complete and ready for a review by the Director if it includes: (a) the name, address and contact information of the applicant; (b) the address of the lot relevant to the variance request; (c) reference to the specific Section(s) of the By-law from which the variance is sought; (d) a detailed description explaining why the applicant requires the variance; (e) a description of the Fence and/or Privacy Screen including the dimensions and the specifications of the construction and installation; (f) a survey of the lot identifying the location of the Fence and/or Privacy Screen; (g) a site plan of the lot identifying the location of the Fence and/or Privacy Screen; (h) proof of notification to abutting neighbours by personal service or prepaid first class mail which indicates: (1) specifications of the Fence, (2) reasons for the exemption request, and (3) objections must be forwarded to the Director of Legislative Services within 10 days (i) payment of the non-refundable fee as outlined in the Fees And Charges By-law. 13.4 Upon reviewing an application for a variance, the Director shall consider: (a) whether it is in accordance with the general intent and purpose of the By-law; (b) if approved, would the resulting Fence or Privacy Screen be in keeping with the surrounding area and would there be any negative impact on adjacent residents; (c) are there any special circumstances and would strict application of the provisions of this By-law result in unnecessary difficulty or hardship for the applicant; and Fence Bylaw 2019-20 Page 11 of 12 (d) would approval of the variance result in any impacts to the health, safety or welfare of the public. 13.5 The Director shall inform the applicant, as well as any abutting neighbours that submitted objections, by way of written notice setting out the grounds for the decision with reasonable particulars, and the right to appeal such decision to the Hearing Officer. 13.6 A request for an appeal to the Hearing Officer shall be made in writing to the Director setting out the reasons for the appeal within 10 days after service of the written notice, and shall be accompanied by an appeal fee set out in the Fees and Charges By-law to the Town, 13.7 Where no request for an appeal is received in accordance with section13.6, the decision of the Director shall be deemed to be affirmed. 13.8 Where a request for an appeal is received, a hearing of the Hearing Officer shall be convened and the applicant shall be provided reasonable written notice thereof. The Hearing Officer may consider any matter in section 13.4. 13.9 Where an applicant makes a request for an appeal and fails to appear at the time and place scheduled for the hearing of the appeal, or requests an adjournment on the day of the scheduled hearing, the applicant shall pay to the Town an administrative fee of $100.00, which may be refunded in the discretion of the Committee if the nonattendance was unavoidable or the adjournment is in the public interest, not prejudicial to the expeditious determination of the proceeding or otherwise justified. 13.10 A decision of the Appeal Committee is final and binding. 14.0 Liability 14.1 In addition to any other party who commits the offence with respect to this By-law, the Owner of the premises on which the Fence or Privacy Screen was erected or altered shall be deemed to commit the offence. 15.0 Severability 15.1 Where a Court of competent jurisdiction declares any section or part of a section of this By-law invalid, the remainder of this By-law shall continue in force unless the Court makes an order to the contrary. 16.0 Short Title 16.1 This By-law shall be referred to as the "Fence By-law"; And that By-law 2000-63, 2000-114, 2000-168, 2001-2, 2002-172 and 1992-91is hereby repealed. Enacted this 15th day of April, 2019. ___________________________ John Taylor, Mayor Fence Bylaw 2019-20 Page 12 of 12 ___________________________ Lisa Lyons, Town Clerk