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THE CORPORATION OF THE TOWNSHIP OF
OTONABEE-SOUTH MONAGHAN
2024-73
Being a By-Law to Prescribe Standards for the Construction and Maintenance of Fences
within the Township of Otonabee-South Monaghan
________________________________________________________
WHEREAS Section 11 (3) 7 of the Municipal Act, 2001, S.O. 2001 c.25, as amended,
provides that a municipality may pass By-laws respecting structures, including fences and
signs; and
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001 c.25, provides that the powers
of a municipality as granted by the Act or any other Act shall be interpreted broadly so as
to a) enable the municipality to govern its affairs as it considers appropriate and b)
enhance the municipalities ability to respond to municipal issues; and
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001 c. 25 as amended, provides that
a municipality has the capacity, right, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act; and
WHEREAS Section 425 (1) of the Municipal Act, 2001, S.O. 2001 c.25, authorizes a
municipality to pass a By-Law providing that a person who contravenes a By-law passed
under this Act is guilty of an offence; and
WHEREAS Section 436 (1) of the Municipal Act, 2001, S.O. 2001 c.25, authorizes a
municipality to pass by-laws to authorize the right to enter land under certain
circumstances; and
WHEREAS the Council of the Township of Otonabee-South Monaghan deems it
necessary to regulate the building and maintenance of fence structures within the
Township of Otonabee-South Monaghan;
NOW THEREFORE the Council of the Corporation of the Township of Otonabee-South
Monaghan hereby enacts as follows:
1. Short Title
The short title of this By-Law is the Fence By-Law.
2. Definitions
For the purpose of this By-Law:
Building means a structure and temporary structure used or intended to be used for
shelter, accommodation, or enclosure of persons, animals, or goods and shall not
include a lawfully bound fence.
Building Inspector or Inspector means an inspector appointed by the Municipality
pursuant to the provision of this By-law and includes the Chief Building Official.
Chief Building Official means the Chief Building Official as appointed on behalf of
the Township of Otonabee-South Monaghan, and his or her designate.
Construct means to do anything in the erection, installations, extension or material
alteration or repair, or removal of any building or structure of any part thereof.
Construction Value means the total value of all design services, labour materials,
overhead and related services attributable to and/or which an application has been
submitted.
Corner Lot means a lot situated at the intersection of two streets, of which two
adjacent sides, that abut the intersecting streets, contain an angle of not more than
one hundred and thirty-five (135) degrees; where such adjacent sides are curved, the
angle of intersection of the adjacent sides shall be deemed to be the angle formed by
the intersection of the tangents to the street lines, drawn through the extremities of
the interior lot lines, provided that in the latter case, the corner of the lot shall be
deemed to be that point on the street line nearest to the point of intersection of the
said tangents.
Division Fence means a fence used to define a property line.
Fence means any structure used to enclose or divide, in whole or in part, a yard or
other land to establish a property boundary, or to provide privacy.
Gate means a door or other devise constructed that may be opened to gain access to
an area enclosed by a fence.
Ground level means the level of the grade adjacent to the fence excluding any
gardens, flower planters or built-up landscaping to allow the fence to be higher than
regulated under this By-law.
Height means the vertical distance measured from the ground level where the fence
posts are embedded to the top of said fence excluding the post. Where a fence is
located on the top of a retaining wall, "height" shall mean the vertical distance
measured from the top of the retaining wall to the highest
point
of
the
fence
excluding the post.
Hoarding Fence means a fence or similar structure used to enclose a property or part
thereof which is under development, site alteration or maintenance.
Lot means a parcel or tract of land described in a deed or other legal document which
is legally capable of conveying title and:
(a) which is a whole lot within a registered plan of subdivision, other than a registered
plan of subdivision which has been deemed not to be registered plan of subdivision
under a By-law passed pursuant to Section 50 of the Planning Act, 1990, as amended;
or
(b) which is a legally separated parcel of land in existence on the date of passing of this
By-law without the owner holding the fee or the equity of redemption in, or power or
right to grant, assign or exercise a power of appointment with respect to any abutting
land; or
(c) the description of which is the same as in a deed which has received final consent
to a conveyance pursuant to Section 53 of the Planning Act, 1990, as amended; or
(d) is the whole remnant remaining to an owner or owners after a consent to sever has
been granted pursuant to Section 53 of the Planning Act, 1990, as amended, with
respect to all other adjoining lands of the owner or owners provided that the consent
or consents mentioned above have not lapsed under Subsection 53 (43) of the Planning
Act, 1990, but for the purpose of this paragraph no parcel or tract of land ceases to be
a lot by reason only of the fact that a part or parts of it has or have been conveyed to
or acquired by the Township of Otonabee-South Monaghan, the County of
Peterborough, Her Majesty in the Right of Ontario, or Her Majesty in the Right of
Canada; or,
(e) which is the subject of an order of the Minister of Municipal Affairs and Housing
pursuant to the provisions of Section 50 of the Planning Act, 1990, as amended.
Lot Line means any boundary of a lot or the vertical projection thereof.
Lot Line Front means in the case of an interior lot, the lot line dividing the lot from the
street. In the case of a corner lot, the shorter lot line abutting a street or private right-
of-way shall be deemed the front lot line and the longer lot line abutting a street shall
be deemed an 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 to be the front lot line. In the
case of a lot fronting on a navigable waterway and an improved public street, the lot
line abutting the street shall be deemed to be the front lot line. In the case of a lot
fronting on a navigable waterway and which does not abut an improved public street,
the lot line abutting the navigable waterway shall be deemed to be the front lot line.
For lots in the Limited Service Residential (LSR) Zone that do not abut a navigable
waterway, the front lot line shall be the lot line dividing the lot from a private right-of-
way.
Officer means a By-law enforcement officer or building inspector employed by the
Township of Otonabee-South Monaghan.
Owner means a registered owner of lands and includes a lessee, tenant, mortgagee in
possession or the person in charge of any property.
Principal Building means a building or structure in which primary use is conducted.
Public Uses and Utilities means use of any lot for the purposes of public services
provided by the Township or any Public Authority including the county of
Peterborough, government of Canada and Ontario, conservation authority, hydro,
telephone and telecommunication and natural gas companies.
Service Entrance means the entrance into a building which is normally used by
persons delivering goods or rendering maintenance service as opposed to the main or
principal entrance. For the purpose of this By-law any building entrance other than
principal entrance may be considered to be a service entrance.
Sight Triangle means the triangular space formed on a Corner Lot by the street lines
and a line drawn from a point in one street line, to a point in the other street, each
point being 9.0 metres (29'-6") measured along the street line from the point of
intersection of the street lines. Where the street lines do not intersect at a point, the
point of intersection of the street lines (or tangents) shall be deemed to be the
intersection of the projection of the street, or the intersection of the tangents to the
street line.
Snow Fencing means a fence commonly used for the control of snow and which is
usually constructed of plastic mesh, lightweight wood strip or wire fencing.
Street Line means the limit of the street or road allowance which is the dividing line
between the lot or block and the street.
Swimming Pool means any body of water outdoors contained by an artificial structure,
and used or maintained for the purpose of swimming, wading, bathing or diving.
Township means the Corporation of the Township of Otonabee-South Monaghan.
Waterbody means any bay, lake, canal or natural watercourse but excludes a drainage
or irrigation channel.
Yard - Front means a yard extending across the full width of the lot between the front
lot line of the lot and the nearest part of any building or structure on the lot, the nearest
outside storage use on the lot, or edge or rim of an excavation on the lot
Yard - Rear means a yard extending across the full width of the lot between the rear
lot line of the lot and the nearest part of any building or structure on the lot, or the
nearest outside storage use on the lot, or the edge or rim of an excavation on the lot
Yard - Exterior Side means a side yard immediately adjoining a public street.
Yard - Side means a yard extending from the required front yard to the required rear
yard and from the side lot line of the lot to the nearest part of any building or structure
on the lot, or the nearest outside storage use on the lot, or the edge or rim of an
excavation on the lot.
Yard - Water means the yard extending from the high water mark on any body of
water to the nearest wall of any building or structure on the lot.
Zone means a zone as designated in the Township of Otonabee-South Monaghan
Zoning By-Law as amended pursuant to the Planning Act.
3. Application of this By-Law
3.1
This By-law shall apply to all Fences erected in the Township on and after the date
of enactment and passage of the By-law.
3.2
All Fences shall be maintained in a good state of repair and in a safe condition.
4. Exemptions
4.1
Notwithstanding Section 3, a Fence as provided below, shall be exempt from all
parts of this By-law with the exception of Part 15 Maintenance of Fences:
a) A Fence erected in accordance with an approved Site Plan or Subdivision
Agreement.
b) A Fence erected for Public Uses and Utilities.
c) Hoarding Fence erected as required by applicable Federal, Provincial and
Municipal regulations to meet safety, storage, crowd control, public safety or
security and theft deterrence.
d) Snow Fencing used temporarily to control snow or as Hoarding Fence to
protect property undergoing construction. Such Snow Fencing shall be
removed upon completion of the winter season or construction.
e) Large hedges or a line of trees acting as a Fence in a side or rear yard that do
not cause any visual obstruction to persons or vehicles while entering or exiting
a driveway or traveling along a street, lane or sidewalk.
f) A Fence erected within a property designated Agricultural (A) Zone as defined
in the Township of Otonabee-South Monaghan's Comprehensive Zoning By-
law as amended.
g) A Fence erected within a property designated Rural (RU) Zone as defined in the
Township of Otonabee-South Monaghan's Comprehensive Zoning By-law as
amended.
5. Existing Fences
5.1
Notwithstanding the provisions of this By-law to the contrary, any Fence that was
in lawful existence prior to the effective date of this By-law shall be deemed to
comply with this By-law and may be maintained at the same location, height and
dimensions as previously existed.
5.2
Any Fence in existence at the date of passing of this By-law, which does not
conform to the provisions herein, and which, anytime thereafter, is in need of
replacement or reconstruction, shall be built in conformity with the provisions of
this By-law.
6. Restricted Fences
6.1
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained the following:
a) Snow Fencing as part or in place of permanent fencing.
b) A Fence comprised of sheet metal or corrugated metal panels.
c) A Fence that contains or is constructed of any hazardous materials such as
razor wire, barbed wire, or any other sharp projections capable of causing
physical injuries to humans. Such materials may be used for bona fide
agricultural purposes for livestock containment and may also be considered in
designated Industrial Zones and used at a height of 1.8 metres (5'-11") above
ground level at the discretion of the Chief Building Official.
d) A Fence or any attachment to a Fence which may be used as a conductor of an
electrical current save and except for the purposes of managing livestock as
part of an active agricultural facility.
e) A Fence erected, which by reason of its location, design or materials, obstructs
traffic sightlines or which obstructs or detracts from the visibility or
effectiveness of any traffic sign or traffic control device on a public street.
7. Residential Fences
7.1
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on a lot in a Residential Zone except in
accordance with the following regulations:
a) A fence erected within a rear or side yard shall not exceed a height of 1.8
metres (5'-11").
b) A fence erected in a front or exterior side yard shall not exceed 1 metres (3'-
3") in height when constructed of solid materials and does not exceed 1.2
metres (4'-0") in height when constructed of open materials.
c) A fence erected in a water yard shall not exceed the height of 1.2 metres (4'-
0").
d) Notwithstanding Section 8.1, but subject to the provisions of Section 15 of this
by-law;
i) Decorative items on structural posts may exceed the height restrictions
to a maximum of 15.2cm (6").
ii) Archways or gateways forming part of an entrance may exceed the height
restrictions to a maximum of 2.4m (7'-11").
8. Non-Residential Fences
8.1
No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on a lot in a Non-Residential Zone except in
accordance with the following regulations:
a) The maximum height of a fence located in a non-residential Zone is 2.4 metres
(7'-11").
b) Notwithstanding Section 8.1 a), the maximum height of a fence located within
7.6 metres (25'-0") from the front lot line shall not exceed 1.2 metres (4'-0").
9. Sight Triangles
9.1
Notwithstanding any other provisions of the By-law, no person shall, within a
Sight Triangle, as defined herein, erect or cause to be erected a Fence which would
obstruct the vision of drivers or motor vehicles.
9.2
A fence erected in a Sight Triangle shall not exceed 0.6 metre (2'-0") in height.
10. Fences as Swimming Pool Enclosures
10.1 A fence which is to form a swimming pool enclosure or part thereof shall be
constructed in compliance with the provisions of the Township of Otonabee-
South Monaghan Pool by-law 2009-22 as amended.
11. Maintenance of Fences
11.1 The owner of the land on which a Fence is erected (installed) shall maintain such
Fence in a good state of repair to ensure that the Fence:
a) is structurally sound condition, plumb and securely anchored,
b) is protected by weather-resistant materials,
c) components are not broken, rusted, rotten or in a hazardous condition,
d) is stained or painted and is maintained free of peeling, and
e) does not present an unsightly appearance deleterious to the abutting land or
neighbourhood and is free of markings or other defacements on the exterior
surface.
12. Fence Variance
12.1 A height variance may be authorized by the Chief Building Official, if in his/her
opinion the Fence is not causing a visual obstruction to persons or vehicles while
entering or exiting a driveway or travelling along a street, lane or sidewalk. The
variance approval process is as follows:
a) Submission of an application form prescribed by the Chief Building Official.
(Appendix A - Fence Variance Application)
b) Submission of applicable drawings, site plan and specifications for the
proposed Fence; and
c) Payment of the requisite fee.
12.2 In considering an application for a variance, the Chief Building Official shall have
regard for:
a) Whether there are any special circumstances or conditions applying to the
property or building(s) on the surrounding property;
b) Whether such special circumstances or conditions are pre-existing; and
c) Whether the fence that is subject of the variance application will cause any
safety hazards to the proposed location or cause a visual obstruction to
persons or vehicles while entering or exiting a driveway or travelling along a
street or lane.
13. Administration and Enforcement
13.1 Any person who contravenes any of the provisions of this By-law is guilty of an
offence and upon conviction liable to a fine or penalty for each offence, exclusive
of costs as prescribed by the Provincial Offences Act, R.S.O 1990.
13.2 That the fee for an application for a Fence Variance as set out in section 12 be
established through the Township of Otonabee-South Monaghan Fees and
Charges By-Law.
14. Severability
14.1 Every provision of this by-law is declared to be severable from the remainder of
the by-law, and if any provisions of this by-law shall be declared invalid by a court
of competent jurisdiction, such declaration shall not affect the validity of the
remainder of this By-Law, unless the court makes an order to the contrary.
15. Date Effective
15.1 This By-law shall come into full force and take effect upon the day it is passed.
Read the First time and second time on this day of , 2024.
Read a Third, time signed and sealed with the corporate Seal on this day of , 2024.
_____________________________
Mayor- Joe Taylor
_____________________________
Clerk- Heather Scott
Appendix A
APPLICATION FOR VARIANCE UNDER THE FENCE BY-LAW OF THE TOWNSHIP OF
OTONABEE-SOUTH MONAGHAN
Requirements for a complete application:
1. The completed application form signed by the owner(s) or authorized agent and witnessed by a
commissioner for taking affidavits and all required supporting material, e.g. sketch, drawing.
2. A sketch to scale (include graphic scale), one (1) full size hardcopy or one (1) digital copy in PDF
format showing the following:
a.
The boundaries and dimensions of the subject land
b.
The location, size and type of all existing and proposed buildings and structures on the subject
land, indicating the distance of the buildings or structures from the front yard lot line, the rear
yard lot line and the side yard lot lines;
c.
The approximate location of all natural and artificial features on the subject land and on land
that is adjacent to the subject land that, in the opinion of the applicant, may affect the
application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream
banks, wetlands, wooded areas, wells and septic tanks;
d.
The current uses on land that is adjacent to the subject land, such as residential agricultural
and commercial uses;
e.
The location width and name of any roads within or abutting the subject land, such as
residential, agricultural and commercial uses;
f.
If access to the subject land is by water only, the location of the parking and boat docking
facilities to be used;
g. The location and nature of any easement affecting the subject land.
3. If the applicant is not the owner of the subject land, the written authorization of the owner that the
applicant is authorized to make the application.
4. The required application fee of $150.00 payment can be made payable to the Township of Otonabee-
South Monaghan by means of cash, cheque or debit transaction at the Township Office.
Please note that applications will not be processed until they are complete. The cost or preparation of any
plans to be submitted with the application is the responsibility of the applicant and similarly the cost of any
revisions to the plans are the responsibility of the applicant. All decisions for approval or rejection are at
the discretion of the Chief Building Official and is not subject to appeal.
1. Owner's Name or Authorized Agent of Owner's Name:
________________________________________
2. Owner's Address or Authorized Agent of Owner's Address (street, city, postal code):
___________________________________________
___________________________________________
___________________________________________
3. Phone Number: ________________________________________________________________
4. Email Address: _________________________________________________________________
5. Short legal description of the subject property: ________________________________________
6. Assessment roll number of the subject property: _______________________________________
7. Is there a survey of the subject property available (if yes, please attach a copy): ______________
8. Provide a short description of the nature and extent of the variance requested (Please attach any
drawings, sketches, or pictures to illustrate the variance requested).
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
9. Provide a detailed reason for the request for variance and why you're unable to comply with the
provisions of this by-law:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
10. Have you discussed this application with the owner(s) of the adjacent properties? ____________
11. Have you obtained written consent with the owner(s) of the adjacent properties if the proposed
fence is located on a shared property line. (If yes, please attach the consent(s) to this form). ____
12. Has there been a Line Fence Application related to this property? _________________________
13. Types of access to the proposed lands (check all that apply):
Municipal Road
Provincial Highway
County Road
Private Road
Right of Way
Water Access
Declaration:
I/We declare that the contents of this application are true to the best of my/our knowledge and belief.
For purposes of the Municipal Freedom of Information and Protection of Privacy Act, by signing below,
you authorize and consent to the use by or disclosure to any person or public body of any personal
information in this application that is collected under the authority of the Municipal Act for the purpose of
processing your application.
Dated at: ___________, this ___________ day of ____________, 20____.
___________________________________________________________
Print Name(s)
___________________________________________________________
Signature(s)
The personal information on this form is collected under authority of the Municipal Act, 2001, as
amended. The information is used for the purpose of processing your application. If you have any
questions about this collection of personal information, please contact the CAO, Clerk, or Deputy Clerk at
the Township of Otonabee-South Monaghan.