Municipal Code Chapter 973 - Fence (Height) By-law No. 140-90, as amended

Richmond Hill, Ontario

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Property-Maintenance---Fence-Height.pdf" municipality_ids: - gx-001731 content_type: "application/pdf" captured_at: "2026-06-10T22:04:10+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 60615 --- RICHMOND HILL 973.1 JANUARY 1994 PROPERTY MAINTENANCE Chapter 973 FENCE - HEIGHT - DESCRIPTION CHAPTER INDEX Article 1 SHORT TITLE 973.1.1 Citation Article 2 INTERPRETATION 973.2.1 Agricultural use - defined 973.2.2 Alter - defined 973.2.3 Apartment building - defined 973.2.4 Building - defined 973.2.5 Chief Building Official - defined 973.2.6 Corner lot - defined 973.2.7 Corporation - defined 973.2.8 Council - defined 973.2.9 Daylighting triangle - defined 973.2.10 Depth - defined 973.2.11 Dwelling - defined 973.2.12 Dwelling unit - defined 973.2.13 Erect - defined 973.2.14 Exterior side yard - defined 973.2.15 Fence - defined 973.2.16 Flankage lot line - defined JANUARY 1994 973.2 RICHMOND HILL FENCE - HEIGHT - DESCRIPTION 973.2.17 Front lot line - defined 973.2.18 Front yard - defined 973.2.19 Grade - defined 973.2.20 Height - defined 973.2.21 Interior lot - defined 973.2.22 Key lot - defined 973.2.23 Land - defined 973.2.24 Landscaping - defined 973.2.25 Lane - defined 973.2.26 Livestock - defined 973.2.27 Lot - defined 973.2.28 Lot line - defined 973.2.29 Main wall - defined 973.2.30 Multiple residential property - defined 973.2.31 Non-residential property - defined 973.2.32 One-third metre reserve [one foot reserve] - defined 973.2.33 Owner - defined 973.2.34 Person - defined 973.2.35 Privacy screen - defined 973.2.36 Rear lot line - defined 973.2.37 Rear yard - defined 973.2.38 Residential property - defined 973.2.39 Residential uses - defined 973.2.40 Service entrance - defined 973.2.41 Shall - defined 973.2.42 Side lot line - defined 973.2.43 Side yard - defined 973.2.44 Single residential property - defined RICHMOND HILL 973.3 JULY 1996 FENCE - HEIGHT - DESCRIPTION 973.2.45 Singular - plural - present - future - tense 973.2.46 Street - defined 973.2.47 Streetline - defined 973.2.48 Structural support - defined 973.2.49 Structure - defined 973.2.50 Swimming pool - defined 973.2.51 Swimming pool enclosure - defined 973.2.52 Temporary enclosure - defined 973.2.53 Through lot - defined 973.2.54 Used - defined 973.2.55 Yard - defined Article 3 GENERAL PROVISIONS 973.3.1 Scope - all fences - within Town 973.3.2 Provisions - held to be minimum - requirements 973.3.3 Measurements - imperial - metric - conversions 973.3.4 Measurements - variance - metric applicable 973.3.5 Administration - by Chief Building Official - other 973.3.6 Non-conforming - permit - refused 973.3.7 Non-conforming - restrained - Municipal Act 973.3.8 Lawful - existing - exception 973.3.9 Litigation - proceeding - pending - not affected 973.3.10 Conflict - other - enactments 973.3.11 Ontario Building Code Act - regulations - applicable 973.3.12 Authorization - required - on highway - road allowance 973.3.13 Commissioner of Community Services - approval 973.3.14 Transportation and Works - approval - requirement 973.3.15 Daylighting triangle - dimensions - fences - prohibited JULY 1996 973.4 RICHMOND HILL FENCE - HEIGHT - DESCRIPTION 973.3.16 Daylighting triangle - fence permitted - height 973.3.17 Height - maximum - residential property 973.3.18 Height - maximum - non-residential property 973.3.19 Height - maximum - front yard 973.3.20 Height - maximum - rear yard - corner lot 973.3.21 Height - maximum - outdoor recreational facility 973.3.22 Height - extension - by Council - noise barrier 973.3.23 Height - extension - public safety 973.3.24 Height - common lot line - residential - non-residential 973.3.25 Structural capacity - lateral wind pressure 973.3.26 Maintenance - good repair 973.3.27 Good state of repair - defined 973.3.28 Deteriorated fence - exception 973.3.29 Fence - on lot line - permitted 973.3.30 Fence - as landscaping - permitted 973.3.31 Structural supports - depth - minimum - requirements 973.3.32 Fence - on corner lots - requirements Article 4 BARBED WIRE FENCE 973.4.1 Prohibited - within Town - subject to exceptions 973.4.2 Exception - minimum height - above grade 973.4.3 Exception - three strands - horizontal Article 5 ELECTRICAL FENCE 973.5.1 Prohibited - within Town - subject to exception 973.5.2 Exception - agricultural - permitted - limitations RICHMOND HILL 973.5 DECEMBER 2004 FENCE - HEIGHT - DESCRIPTION Article 6 PRIVACY SCREEN 973.6.1 Prohibited - on any land - subject to exceptions 973.6.2 Exception - residential property - requirements 973.6.3 Exception - front yard - location - height - requirement Article 7 SWIMMING POOL ENCLOSURE 973.7.1 Fence - required 973.7.2 Permit - required - prior to erection 973.7.3 Permit - application - plans - required 973.7.4 Inspection - approval - prior to filling 973.7.5 Temporary enclosure - required - during construction 973.7.6 Temporary enclosure - structural requirements 973.7.7 Temporary enclosure - erected - workmanlike manner 973.7.8 Temporary enclosure - replaced - upon completion 973.7.9 Entrance - locked - except when in use 973.7.10 Entrance - one separate - main building - pool 973.7.11 Building - part of enclosure - entrance - requirements 973.7.12 Height - minimum requirements - table 973.7.13 Height - measured from grade - with1m of exterior 973.7.14 Height - table - various uses 973.7.15 Facing material - over supports - height - requirements 973.7.16 Fence - distance from waters edge - minimum 973.7.17 Climbing - prevented - exterior of fence 973.7.18 Climbing - distance from condition - facilitating 973.7.19 Metal picket fences - height - exception 973.7.20 Gate - construction - supports - hinges - substantial 973.7.21 Gate - clearance - requirements 973.7.22 Gate - self-closing DECEMBER 2004 973.6 RICHMOND HILL FENCE - HEIGHT - DESCRIPTION 973.7.23 Gate - self-latching - from interior - height 973.7.24 Gate - climbing - prevented - exterior construction 973.7.25 Construction - chain - wood - minimum requirement 973.7.26 Chain link fence - construction - requirement - table Article 8 ABOVE GROUND POOL - HOT TUB - WHIRLPOOL - SPA 973.8.1 Above ground pool - exemption 973.8.2 Above ground pool - side - guard - requirements 973.8.3 Platform - deck - guard - minimum requirements 973.8.4 Height - above grade - minimum requirements 973.8.5 Location - distance for lot line 973.8.6 Entrance - requirements - set out 973.8.7 Hot tub - whirlpool - spa - cover - requirements Article 9 SPECIAL PROVISIONS 973.9.1 Exemption - 102 - 106 Winchester Lane 973.9.2 Grade - defined 973.9.3 Height - maximum - any yard 973.9.4 Height - on sloping ground 973.9.5 Exemption - 22 Pebblelane Court 973.9.6 Exemption - 1 Royal Chapin Crescent 973.9.7 Exemption - 25 Moodie Drive, Lot 38, Plan 65M-1739 973.9.8 Exemption - 0 Stockdale Cres, Block 20, Plan 65M-2956 973.9.9 Exemption - 55 Oak Ave, Part Lot 259, Plan 1960E 973.9.10 Exemption - 76 Major Mackenzie Drive West 973.9.11 Exemption - 60 White Lodge Crescent 973.9.12 Exemption - 18 Glenarden Cres, Plan 65M-2477 Lot 61 973.9.13 Exemption - 108 Larratt Lane, Plan 65M-2890, Lot 61 RICHMOND HILL 973.6-1 NOVEMBER 2010 FENCE - HEIGHT - DESCRIPTION 973.9.14 Exemption - 21 Elderwood Drive, Plan 65M-2586, Lot 198 973.9.15 Exemption - 153 Shaftsbury Ave, Plan 65M-2889, Lot 182 973.9.16 Exemption - 28 Ellsworth Ave, Plan 65R-20137, Lot 103 973.9.17 Exemption - 550 Stouffville Rd, Plan 65R-22236, Lot 61 973.9.18 Exemption - 85 Black Walnut Cres, Plan 65R-2797, Lot 22 973.9.19 Exemption - 8 Kennington Court, Plan 65M-2375, Lot 15 973.9.20 Exemption - 39 King's Cross Ave. Plan 65M-2585, Lot 56 Article 10 ENFORCEMENT 973.10.1 Fine - for contravention Article 11 REPEAL 973.11.1 By-law - previous [Next page is 973.7] RICHMOND HILL 973.7 JANUARY 1994 -------- 973.1.1 FENCE - HEIGHT - DESCRIPTION 973.2.7 Article 1 SHORT TITLE 973.1.1 Citation This Chapter shall be known as the "Fence By-law." Article 2 INTERPRETATION 973.2.1 Agricultural use - defined "agricultural use" means those lands zoned "agricultural (A)", "agricultural (A1)", "rural residential (RR4)", and "rural (R)." 973.2.2 Alter - defined "alter" means any alteration to the structural component of a fence which would result in any changes. 973.2.3 Apartment building - defined "apartment building" means a building containing five or more dwelling units, all of which have a common external access to the building by means of a common corridor system. 973.2.4 Building - defined "building" means any structure whether temporary or permanent, used or built for the shelter, accommodation or enclosure of persons, animals, materials or equipment, but does not include a fence. Any tent, awning, bin, bunk, or platform, vessel or vehicle used for any of the said purposes shall be deemed a building. 973.2.5 Chief Building Official - defined "Chief Building Official" means that person duly appointed as Chief Building Official for The Corporation of the Town of Richmond Hill un- der the Ontario Building Code, as amended, and includes his or her designate. 973.2.6 Corner lot - defined "corner lot" means a lot situated at the intersection of and abutting onto two or more streets or two parts of the same street provided that the interior angle of intersection of such streets or part thereof is not more than 135 degrees. 973.2.7 Corporation - defined "Corporation" means The Corporation of the Town of Richmond Hill. JANUARY 1994 973.8 RICHMOND HILL 973.2.8 FENCE - HEIGHT - DESCRIPTION 973.2.15 973.2.8 Council - defined "Council" means the Council of The Corporation of the Town of Richmond Hill. 973.2.9 Daylighting triangle - defined "daylighting triangle" means a triangular area of land on a corner lot, free of buildings or structures, formed by measuring from the point of intersection of street lines to points equidistant along each such street line, and joining such points with a straight line where the street lines do not intersect, then the point of intersection shall be deemed to be that point created by the projection of the street lines to their point of intersection. 973.2.10 Depth - defined "depth" with relation to a pool structure, means the portion of the pool structure below the ground level. 973.2.11 Dwelling - defined "dwelling" means a separate building containing one or more dwelling units. 973.2.12 Dwelling unit - defined "dwelling unit" means one or more habitable rooms occupied or capable of being occupied by an individual or family as an independent and separate housekeeping establishment, in which separate kitchen facilities are provided for the exclusive use of such individual or family, with an independent entrance from outside the building or from a common hallway or stairway inside the building. 973.2.13 Erect - defined "erect" means to build, construct, reconstruct, alter and relocate, and with- out limiting the generality of the foregoing, shall be taken to include any work preparation to erection. "Erection" shall have a corresponding meaning. 973.2.14 Exterior side yard - defined "exterior side yard" means the side yard of a corner lot which extends from the front yard to the rear yard, between the flankage lot line and the nearest main wall of the building or structure. 973.2.15 Fence - defined "fence" means a structure constructed of posts, boards, palings, rails, wire, masonry or similar materials or any combination thereof used to de- fine a property boundary or to enclose any outdoor area. Fencing shall have a corresponding meaning. RICHMOND HILL 973.9 JANUARY 1994 973.2.16 FENCE - HEIGHT - DESCRIPTION 973.2.22 973.2.16 Flankage lot line - defined "flankage lot line" means a side lot line which either abuts the street on a corner lot, or abuts a one-third metre (one foot) reserve which abuts a street. 973.2.17 Front lot line - defined "front lot line" means the line which divides the lot from the street; in the case of a corner lot or a through lot, the shorter of the lines which divides the lot from the streets shall be deemed to be the front lot line; on a corner lot or a through lot where such lot lines are of equal length, the front lot line shall be deemed to be that line which abuts a regional or provincial road or highway. If both streets are under the same jurisdiction, the Corporation may designate either street line as the front lot line. 973.2.18 Front yard - defined "front yard" means a yard extending across the full width of a lot between the front lot line and the nearest main wall of any building or structure on the lot. 973.2.19 Grade - defined "grade" means the surface of the ground below a fence or privacy screen at each location where a structural support is embedded in the ground. With reference to a building or swimming pool, means the level of the ground adjacent to the outside wall of a building or swimming pool. 973.2.20 Height - defined "height" means, with reference to a fence, the vertical distance measured from the grade to the highest point of the fence, not including the structural supports. The height of a fence shall be measured from the higher adjacent grade where there is a grade difference on each side of the fence. Where the land slopes, a fence may exceed the height restrictions at one or more alternate structural supports when necessary to maintain the top of the fencing in a horizontal plane between such structural supports. See also Section 973.7.13 regarding measurement of height for swimming pool enclosures. 973.2.21 Interior lot - defined "interior lot" means a lot situated between adjacent lots and having access to one street. 973.2.22 Key lot - defined "key lot" means an interior lot to the rear of, and adjacent to, a corner lot that is not separated from the corner lot by a lane. JANUARY 1994 973.10 RICHMOND HILL 973.2.23 FENCE - HEIGHT - DESCRIPTION 973.2.27 973.2.23 Land - defined "land" includes lands, tenements and hereditaments, any estate or interest therein, any right or easement affecting them, and land covered with water. 973.2.24 Landscaping - defined "landscaping" means any combination of trees, shrubs, flowers, grass or other horticultural elements, decorative stonework, paving, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or to provide a screen to mitigate any objectionable aspects that may detrimentally affect adjacent land. 973.2.25 Lane - defined "lane" means a public or private means of access which affords a secondary means of access to an abutting property in addition to a street. 973.2.26 Livestock - defined "livestock" means farm animals kept for use, for propagation or intended for profit and includes, without limiting the generality of the foregoing, dairy cattle, beef cattle, horses, swine, sheep, laying hens, chicken and tur- key broilers, turkeys, goats, geese, ducks, mink and rabbits. 973.2.27 Lot - defined "lot" means a parcel or tract of land: (a) which is a whole lot as shown on a registered plan of subdivision, but a registered plan of subdivision for the purpose of this definition does not include a registered plan of subdivision which has been deemed not to be a registered plan of sub- division under a by-law passed pursuant to section 50 of the Planning Act, R.S.O. 1990, c. P.13, as amended; or (b) which fronts on a street and is a separate parcel of land without any adjoining land being owned by the same owner or owners as of the date of passing of the enabling by-law; or (c) the description of which is the same as in a deed which has been given consent pursuant to section 50 of the Planning Act, R.S.O. 1990, c. P.13, as amended, or a predecessor thereof, but for the purpose of this definition no parcel or tract of land ceases to be a lot by reason only of the fact that part or parts of it has or have been conveyed to or acquired by the Corporation, Her Majesty in the Right of Canada, or the Regional Municipality of York. RICHMOND HILL 973.11 JANUARY 1994 973.2.28 FENCE - HEIGHT - DESCRIPTION 973.2.35 973.2.28 Lot line - defined "lot line" means a line delineating any boundary of a lot. 973.2.29 Main wall - defined "main wall" means the exterior front, side or rear wall of a building, and shall include all structural members essential to the support of a fully or partially enclosed space or roof, where such members are nearer to a lot line than the said exterior wall. 973.2.30 Multiple residential property - defined "multiple residential property" means any property serving multiple dwelling units and includes hotels and apartment buildings. 973.2.31 Non-residential property - defined "non-residential property" means any property serving other than a residential use and includes schools and private clubs, but does not include public highways. 973.2.32 One-third metre reserve [one foot reserve] - defined "one-third metre reserve [one foot reserve]" means a reserve owned by the Town of Richmond Hill, the Regional Municipality of York, or Her Majesty the Queen. 973.2.33 Owner - defined "owner" in reference to a swimming pool, includes the owner, lessee, tenant, or person in possession of any land on which a swimming pool is located. 973.2.34 Person - defined "person" means an individual, association, firm, partnership, corporation, trust, incorporated company, corporation created under the Condominium Act, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 973.2.35 Privacy screen - defined "privacy screen" means a visual barrier used to shield any part of a yard from view from any adjacent lot or highway. JANUARY 1994 973.12 RICHMOND HILL 973.2.36 FENCE - HEIGHT - DESCRIPTION 973.2.44 973.2.36 Rear lot line - defined "rear lot line" means the lot line opposite and most distant from the front lot line, or in the case of a triangular or otherwise irregular-shaped lot, a line of a minimum three metres (9.84 feet) in length entirely within the lot, parallel to and at a maximum distance from the front lot line. 973.2.37 Rear yard - defined "rear yard" means the yard extending across the full width of a lot between the rear lot line and the nearest main wall of any building or structure on the lot. 973.2.38 Residential property - defined "residential property" means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any land or buildings that are appurtenant to such establishment and shall include property developed or designed for an apartment building as well as single residential property and multiple residential property. 973.2.39 Residential uses - defined "residential uses" means the use of land, buildings or structures for human habitation. 973.2.40 Service entrance - defined "service entrance" means that entrance into a building which is normally used by persons entering such building for the purposes of delivering goods or rendering maintenance service, as opposed to the main or principal entrance, and shall include a door giving access to a garage. 973.2.41 Shall - defined "shall" is mandatory and not directory. 973.2.42 Side lot line - defined "side lot line" means a lot line other than a front lot line or a rear lot line. 973.2.43 Side yard - defined "side yard" means a yard other than an exterior side yard which extends from the front yard to the rear yard between the side lot line and the nearest main wall of the building or structure. 973.2.44 Single residential property - defined "single residential property" means any property or portion thereof serving a single dwelling unit. RICHMOND HILL 973.13 JANUARY 1994 973.2.45 FENCE - HEIGHT - DESCRIPTION 973.2.53 973.2.45 Singular - plural - present - future - tense Words in the present tense include future; words in the singular number include the plural; words in the plural include the singular number. 973.2.46 Street - defined "street" means a public highway as defined by the Municipal Act, as amended, and shall exclude a lane, or any private right-of-way or un- opened road allowance, or any street which is shown on a registered plan of subdivision which has been deemed not to be a registered plan of subdivision under section 50 of the Planning Act, R.S.O. 1990, c. P.13 as amended, or has not been assumed by the Town. 973.2.47 Streetline - defined "streetline" means a boundary line of a street. 973.2.48 Structural support - defined "structural support" means any vertical posts or pipes driven into the ground or embedded into concrete, and placed at a minimum 1.524 metres (five feet) intervals for the support of a fence or privacy screen. 973.2.49 Structure - defined "structure" means anything that is erected, built or constructed of parts with a fixed location on the ground, or attached to something having a fixed location in or on the ground, and shall include buildings, walls, or any sign, but for the purpose of this Chapter shall not include a fence or privacy screen. 973.2.50 Swimming pool - defined "swimming pool" means any body of water located outdoors on privately owned property, contained by artificial means in which the depth of the water at any point can exceed 0.6 m. (1.96 ft.). 973.2.51 Swimming pool enclosure - defined "swimming pool enclosure" means a fence, wall or other structure, including doors, gates and other openings, surrounding an outdoor swimming pool restricting access thereto. 973.2.52 Temporary enclosure - defined "temporary enclosure" means a fence, used for the purpose of temporarily enclosing a swimming pool or pool excavation to effectively prevent access thereto. 973.2.53 Through lot - defined "through lot" means a lot bounded on two opposite sides by a street; if any lot qualifies as being both a corner lot and a through lot, such lot shall be defined, for the purposes of this Chapter to be a corner lot. JANUARY 1994 973.14 RICHMOND HILL 973.2.54 FENCE - HEIGHT - DESCRIPTION 973.3.6 973.2.54 Used - defined "used" includes arranged, designed or intended to be used. 973.2.55 Yard - defined "yard" means an open, uncovered space on a lot appurtenant to a building or structure and unoccupied by buildings or structures, except as specifically permitted elsewhere in this Chapter. Article 3 GENERAL PROVISIONS 973.3.1 Scope - all fences - within Town This Chapter applies to all lawful fences in the Town of Richmond Hill, and no fence shall be hereafter erected or altered except in conformity with the provisions of this Chapter. 973.3.2 Provisions - held to be minimum - requirements In interpreting and applying the provisions of the Chapter, the provisions shall be held to be the minimum requirements for the promotion of health, safety, convenience and general welfare of the inhabitants of the Town of Richmond Hill. 973.3.3 Measurements - imperial - metric - conversions The imperial measurements found in this Chapter in brackets are supplied for information only and are intended to be an approximate conversion of the metric measurements. 973.3.4 Measurements - variance - metric applicable The metric or SI measurements shall be deemed to be the standards established by this Chapter and, wherever there is a variance between the metric or SI measurements and the imperial measurements, the metric or SI measurements shall apply. 973.3.5 Administration - by Chief Building Official - other This Chapter shall be administered by the Chief Building Official or such other person as the Council shall designate. 973.3.6 Non-conforming - permit - refused No building permit, for the use of a fence or swimming pool enclosure or for the erection of any fence, within the jurisdiction of the Council, shall be issued or given, where the proposed fence or swimming pool enclosure would be in violation of any provision of this Chapter. RICHMOND HILL 973.15 JULY 1996 973.3.7 FENCE - HEIGHT - DESCRIPTION 973.3.14 973.3.7 Non-conforming - restrained - Municipal Act Where any fence is erected, or is proposed to be erected or altered, reconstructed, extended or enlarged, in contravention of any requirements of this Chapter, such contravention may be restrained pursuant to the provisions of the Municipal Act in that behalf. 973.3.8 Lawful - existing - exception The provisions of this Chapter shall apply to all fences except for those lawful fences erected prior to the date of the passing of this Chapter. 973.3.9 Litigation - proceeding - pending - not affected This Chapter shall not affect the rights of any person concerned in any action, litigation or other proceeding pending on the date of the final passage thereof, except to the extent to be determined in the final adjudication of such action, litigation or other proceeding. 973.3.10 Conflict - other - enactments Where there is a conflict, contradiction or inconsistency with respect to fencing, between this Chapter and any other by-law of the Town of Richmond Hill, the provisions of this Chapter shall prevail. 973.3.11 Ontario Building Code Act - regulations - applicable Nothing in this Chapter shall be deemed to grant relief from the requirements of the Ontario Building Code Act, as amended, or the Ontario Building Code and regulations, as amended. 973.3.12 Authorization - required - on highway - road allowance No person shall erect or cause to be erected, or maintain any fence or privacy screen on any land owned by the Town of Richmond Hill (or public authority) or on any public highway or public road allowance without first having received authorization from the appropriate government agency having jurisdiction over the land, public highway, or public road allowance. 973.3.13 Commissioner of Community Services - approval In the case of the Corporation, the Commissioner of Community Services shall approve and authorize all fences abutting parks or open space areas. By-law 140-90, 10 September, 1990. By-law 89-19, 11 June, 2019. 973.3.14 Transportation and Works - approval - requirement The Commissioner of Transportation and Works shall approve all other fences erected pursuant to this Article except for those approved pursuant to an agreement under sections 41 or 51 of the Planning Act, R.S.O. 1990, c. P.13. By-law 140-90, 10 September, 1990; By-law 113-95, 1 May, 1995. JULY 1996 973.16 RICHMOND HILL 973.3.15 FENCE - HEIGHT - DESCRIPTION 973.3.21 973.3.15 Daylighting triangle - dimensions - fences - prohibited No person shall erect or cause to be erected, or maintain a fence, privacy screen, ornamental gateway, entranceway or similar structure in a daylighting triangle which shall have minimum dimensions of 4.5 m x 4.5 m (14.76 feet x 14.76 feet). 973.3.16 Daylighting triangle - fence permitted - height Notwithstanding the provisions of Sections 973.4.1 and 973.4.2, and subject to Sections 973.3.13 and 973.3.14, a fence may be permitted within a daylighting triangle, that is not on publicly-owned land provided that said fence does not exceed 0.6 metres (1.96 feet) in height. 973.3.17 Height - maximum - residential property No fence on residential property shall exceed 1.8 metres (5.9 feet) in height in any yard. 973.3.18 Height - maximum - non-residential property No fence on non-residential property shall exceed 2.44 metres (8.0 feet) in height in any yard. By-law 140-90, 10 September, 1990. 973.3.19 Height - maximum - front yard Notwithstanding the provisions of Sections 973.6.1 and 973.6.2, a fence in a front yard shall not exceed 1.2 metres (4.0 feet) in height. 973.3.20 Height - maximum - rear yard - corner lot Where a fence in the rear yard of a corner lot also forms part of the front yard of a key lot, the fence shall be permitted to be 1.8 metres (5.9 feet) in height. By-law 175-93, 21 June, 1993. 973.3.21 Height - maximum - outdoor recreational facility Notwithstanding the provisions of Section 973.6.1, a fence exceeding 1.8 metres (5.9 feet) but not exceeding 3.0 metres (9.84 feet) in height, shall be permitted when such is normally required as part of an outdoor recreational facility, such as, a public or private tennis court, a public pool, provided said fence: (a) is of chain link construction only and does not contain any barbed wire or other sharp material when located on residential property; (b) is located in the side yard, exterior side yard, or rear yard; (c) is erected 1.27 metres (4.2 feet) from any side lot line and rear lot line when located on residential property; RICHMOND HILL 973.17 JANUARY 1994 973.3.22 FENCE - HEIGHT - DESCRIPTION 973.3.27 (d) is erected the same distance from the exterior lot line as the dwelling when located on residential property, except in the case of an apartment building; and (e) is erected 7.6 metres (24.9 feet) from any street line in the case of an apartment building. 973.3.22 Height - extension - by Council - noise barrier Notwithstanding the provisions of Sections 973.6.1 and 973.6.2, Council may permit a fence exceeding 1.8 metres (5.9 feet) in height, if such fence is required for noise attenuation and is constructed pursuant to an agreement under either of sections 41 or 51 of the Planning Act, R.S.O. 1990, c. P.13, as amended. 973.3.23 Height - extension - public safety Notwithstanding the provisions of Sections 973.6.1 and 973.6.2, the Chief Building Official may permit a fence exceeding 1.8 metres (5.9 feet) in height on land used for, or abutting, a railway right-of-way, a hydro, telephone or utility installation or a public works installation which is hazardous to the public with respect to safety. 973.3.24 Height - common lot line - residential - non-residential Where a residential property abuts a non-residential property, for purposes of determining the height permitted by this Section, the less restrictive provision shall apply to the common lot line. 973.3.25 Structural capacity - lateral wind pressure Fences greater than 1.8 m (5.9 ft.) in height shall be designed to withstand a lateral wind pressure of .718 K Pa. (15 psf). 973.3.26 Maintenance - good repair Every person who owns a fence or privacy screen shall maintain such fence or privacy screen in a good state of repair. 973.3.27 Good state of repair - defined For purposes of Section 973.3.26, the term "good state of repair" means that: (a) the fence is complete, stands in a vertical position and is securely anchored; (b) wooden fence components below ground surface are treated appropriately to prevent rot prior to installation; (c) there are no fence components which are broken, rusted, rotted or otherwise in a hazardous condition; and (d) all stained or painted surfaces are maintained free of peeling. JANUARY 1994 973.18 RICHMOND HILL 973.3.28 FENCE - HEIGHT - DESCRIPTION 973.4.2 973.3.28 Deteriorated fence - exception The provisions of Section 973.3.26 do not apply to a fence which has deteriorated to the extent of 50% of its material content. Where such deterioration has occurred, any repair to the fence must be made in accordance with the provisions of this Chapter. 973.3.29 Fence - on lot line - permitted A fence may be erected on any land as a means of protection from adjoining land, and may be erected on any lot line. 973.3.30 Fence - as landscaping - permitted A fence may be used as a means, or as part of a means, of landscaping on any lot. 973.3.31 Structural supports - depth - minimum - requirements The structural supports for any fence shall be driven into the ground or embedded into concrete a distance sufficient to prevent upheaval by frost i.e., below the frost line or a minimum of 1.2 metres (3.9 ft) whichever is the greater. 973.3.32 Fence - on corner lots - requirements Notwithstanding any other provisions of this Chapter to the contrary, a fence erected on a corner lot which abuts a key lot shall not exceed a height of 1.2 metres (3.9 ft.) on the rear lot line of the corner lot for a distance equivalent to the exterior side yard setback for the house on the corner lot. Article 4 BARBED WIRE FENCE 973.4.1 Prohibited - within Town - subject to exceptions No person shall erect or cause to be erected, or maintain on any land in the Town of Richmond Hill, a fence having barbed wire or other sharp material. 973.4.2 Exception - minimum height - above grade Notwithstanding the provisions of Section 973.4.1, a barbed wire fence may be permitted on any land provided that such materials are used at a height not less than 1.8 metres (5.9 feet) above the higher adjacent grade, where a height greater than 1.8 m (5.9 ft.) is permitted by this Chapter. RICHMOND HILL 973.19 OCTOBER 2008 973.4.3 FENCE - HEIGHT - DESCRIPTION 973.6.2 973.4.3 Exception - three strands - horizontal Notwithstanding the provisions of Section 973.4.1 and subject to Section 973.4.2, a barbed wire fence may be permitted on any land provided that a barbed wire fence shall be composed, in addition to other fencing materials, of not more than three strands of barbed wire which are strung in a horizontal fashion. Article 5 ELECTRICAL FENCE 973.5.1 Prohibited - within Town - subject to exception No person shall erect or cause to be erected, or maintain on any land in the Town of Richmond Hill, a fence or any device designed for or capable of projecting an electrical current through such fence. 973.5.2 Exception - agricultural - permitted - limitations Notwithstanding the provisions of Section 973.5.1 an electrical fence using direct current may be erected on land while it is being lawfully used for an agricultural use, provided said fence: (a) has a maximum twelve volt trickle charge; (b) is designed and erected solely to contain livestock; (c) has attached thereto at approximately 30 metre (100 feet) intervals, a sign warning that the fence carries electricity; and (d) a sign required under 973.5.2 (c) shall have a minimum size of 929 cm2 (one ft2). Article 6 PRIVACY SCREEN 973.6.1 Prohibited - on any land - subject to exceptions No person shall erect or cause to be erected, or maintain a privacy screen on any land. By-law 140-90, 10 September, 1990. 973.6.2 Exception - residential property - requirements Notwithstanding the provisions of Section 973.6.1, a privacy screen on residential property may be erected in any side yard or read yard provided said privacy screen: (a) is not located in a front yard and is erected more than 4.6 metres (15.1 feet) from any street line; (b) is erected more than 1.2 metres (3.9 feet) from any side lot line; OCTOBER 2008 973.20 RICHMOND HILL 973.6.3 FENCE - HEIGHT - DESCRIPTION 973.7.3 (c) is erected more than 1.2 metres (3.9 feet) from the rear lot line; (d) is not more than 12.2 metres (40.0 feet) in total length, and no single individual length is longer than 9.2 metres (30.2 feet); and (e) said privacy screen is not more than 2.4 metres (8 feet) above grade. Notwithstanding the foregoing, the maximum height of a privacy screen may be 1.9 metres (6 feet) from the floor of the deck where the deck is more than 0.6 metres (2 feet) above grade. By-law 140-90, 10 September, 1990; By-law 109-08, 14 July, 2008. 973.6.3 Exception - front yard - location - height - requirement Notwithstanding the provisions of Section 973.6.1, a privacy screen on residential property may be erected in any front yard provided said privacy screen: (a) is erected more than 4.6 metres (15.1 feet) from any front lot line; (b) is erected more than the setback as established by the applicable zoning by-law from any side lot line; and (c) said privacy screen is not more than 1.8 metres (5.9 feet) above grade. Article 7 SWIMMING POOL ENCLOSURE 973.7.1 Fence - required The owner of a swimming pool shall erect and maintain a swimming pool enclosure in accordance with the provisions of this Chapter. 973.7.2 Permit - required - prior to erection No person shall erect a swimming pool enclosure until a permit therefor has been obtained from the Chief Building Official. 973.7.3 Permit - application - plans - required The plans submitted with the permit application shall: (a) show the location of the swimming pool in relation to the lot line and to adjoining buildings; and (b) provide complete details of the swimming pool enclosure. RICHMOND HILL 973.21 JANUARY 1994 973.7.4 FENCE - HEIGHT - DESCRIPTION 973.7.11 973.7.4 Inspection - approval - prior to filling No person shall fill a newly constructed swimming pool with water, or al- low water to remain in a newly constructed swimming pool, until: (a) the Chief Building Official has been notified and an inspection has been made; and (b) the provisions of this Chapter have been fully complied with. 973.7.5 Temporary enclosure - required - during construction Every swimming pool while under construction shall be enclosed with a temporary enclosure until such time as construction is completed and a permanent enclosure has been erected in compliance with the provisions of this Chapter. 973.7.6 Temporary enclosure - structural requirements A temporary enclosure shall consist of a 1.2 m (3.9 ft) plastic mesh fence (38 mm (1.5 in.) mesh), with a steel T-bar post every 3.0 m (9.8 ft) maximum and a 9 ga. galvanized steel wire located at the top and bottom of such fencing or; be constructed of material that will provide an equivalent degree of safety. 973.7.7 Temporary enclosure - erected - workmanlike manner The temporary enclosure set out in Section 973.7.5 shall be erected in a workmanlike manner. 973.7.8 Temporary enclosure - replaced - upon completion A temporary enclosure shall be replaced by a permanent enclosure upon completion of the swimming pool or immediately upon the direction to erect a permanent enclosure being given by the Chief Building Official. 973.7.9 Entrance - locked - except when in use The owner of every swimming pool shall ensure that any access point forming part of the swimming pool enclosure is kept locked, except when the enclosed area is in use. 973.7.10 Entrance - one separate - main building - pool At least one entrance into the main building shall be located outside the swimming pool enclosure. 973.7.11 Building - part of enclosure - entrance - requirements When a wall or portion thereof, of an building located on the same property as a swimming pool enclosure forms part of such enclosure, no entrances to the pool area shall be permitted through such wall, unless: JANUARY 1994 973.22 RICHMOND HILL 973.7.12 FENCE - HEIGHT - DESCRIPTION 973.7.17 (a) any door at such entrance way is equipped with a bolt or a chain latch at a minimum height of 1.5 m (4.9 ft) above the inside floor level; (b) the care, control and maintenance of any entrance way, door, and safety latch described in clause (a) of this Section is provided by the owner; and (c) such wall is located no closer than 1.2 m (3.9 ft) from the edge of the water contained in the swimming pool. 973.7.12 Height - minimum requirements - table Subject to the provisions of Section 973.7.13 the height of every fence, including any gate therein, erected around a swimming pool, shall comply with the Table set out in Section 973.7.14. 973.7.13 Height - measured from grade - with 1 m of exterior Notwithstanding the definition of height in Section 973.2.20, height shall be measured from the highest grade that is adjacent to and within 1.0 m (3.3 ft.) of the exterior face of the swimming pool enclosure. 973.7.14 Height - table - various uses Height requirements for swimming pool enclosures are as follows: Fence Residential Height Single Property Multiple Residential Property Non- Residential Property Minimum 1.2 m (3.9 ft) 1.8 m (5.9 ft) 1.8 m (5.9 ft) Maximum 1.8 m (a) (5.9 ft) 3.7 m (12.2 ft) 3.7 m (12.2 ft) 973.7.15 Facing material - over supports - height - requirements Except as provided in Section 973.7.21 every swimming pool shall have a facing material placed on the enclosure supports extending from within 50 mm (2 in.) above grade to the required height as measured in accordance with Section 973.7.13. 973.7.16 Fence - distance from waters edge - minimum Except for above-ground pools complying with Article 8, no swimming pool enclosure shall be erected closer than 1.5 m (4.9 ft.) from the edge of the water contained in the pool. 973.7.17 Climbing - prevented - exterior of fence No members or attachments that could facilitate climbing are permitted on the exterior face of a swimming pool enclosure, between 100 mm (3.9 in.) and 1.2 m (3.9 ft.) from the grade. RICHMOND HILL 973.23 JANUARY 1994 973.7.18 FENCE - HEIGHT - DESCRIPTION 973.7.25 973.7.18 Climbing - distance from condition - facilitating No swimming pool enclosure shall be located closer than 1.0 m (3.3 ft.) to any condition that facilitates the climbing of the enclosure. In the alternative, the height of the enclosure shall be increased to a minimum height of 1.8 m (5.9 ft.) for a distance of at least 1.0 m (3.3 ft.) on either side of such condition. 973.7.19 Metal picket fences - height - exception Metal picket fences need not exceed 1.6 m (4.9 ft.) in height. 973.7.20 Gate - construction - supports - hinges - substantial Every gate in a swimming pool enclosure shall be supported on substantial hinges and constructed in accordance with the requirements of Sections 973.7.25 and 973.7.26. 973.7.21 Gate - clearance - requirements A clearance of 100 mm (3.9 in.) is permitted under gates where a hard surface such as concrete, asphalt, paving stones or patio slabs extends for a distance of 0.5 m (2 in.) on each side of the gate. 973.7.22 Gate - self-closing Every gate in a swimming pool enclosure shall be self-closing. 973.7.23 Gate - self-latching - from interior - height Every gate in a swimming pool enclosure shall be equipped with a lockable self-latching device located on the interior face near the top of the gate or on the exterior face provided it is at least 1.5 m (4.9 ft.) above grade. 973.7.24 Gate - climbing - prevented - exterior construction Every gate in a swimming pool enclosure shall not have any member or attachment that would facilitate the climbing of the gate. 973.7.25 Construction - chain - wood - minimum requirement Every fence around a swimming pool shall be constructed as follows: (a) if of chain link, see Section 973.7.26; (b) if of wood, (i) vertical boards shall be spaced not more than 38 mm (1.5 in.) apart where rails are spaced closer than 1.2 m (3.9 ft.) and not more than 100 mm (3.9 in.) where rails are spaced at least 1.2 m (3.9 ft.) apart; JANUARY 1994 973.24 RICHMOND HILL 973.7.26 FENCE - HEIGHT - DESCRIPTION 973.7.26 (i) vertical boards shall be of not less than 19 mm (0.75 in.) x 89 mm (3.5 in.) in size. The rails shall be supported on substantial posts with a minimum dimension of 100 mm spaced not more than 2.4 m (7.9 ft) apart and embedded to a mini- mum depth of 1.2 m (3.9 ft.) below grade; or (c) shall be of other materials and construction providing an equivalent degree of safety. 973.7.26 Chain link fence - construction - requirement - table Chain link fences shall be constructed as follows: Fence Components Single Residential Property Multiple-Residential and Non-Residential Property Mesh Size 38 mm (1.5 in.) 38 mm (1.5 in.) Mesh Gauge #14-2 #11-2 (galvanized wire) Vinyl to 12 GA (14 GGW & 2 GA. to 9 GA. total total thickness) (11 GGW & 2 GA. Vinyl thickness) Gate & Terminal Posts: (1) Diameter 48 mm (1.9") 60 mm (2.4") (2) Depth of Embedment 1.2 m (4 ft.) 1.2 m (4 ft.) (in 20.32 cm (8") (in 20.32 cm (8") diameter concrete) diameter concrete) Intermediate Posts: (1) Diameter 38 mm (1.5") 48 mm (1.9") (2) Depth of Embedment 762 mm (30") 762 mm (30") Top Rail (diameter) 32 mm (1.25") 33 mm (1.30") Bottom Wire (diameter) 9 GGW 9 GGW Gate Frame (diameter) 32 mm (1.25") 33 mm (1.3") Maximum Spacing of Posts 3.0 m (9.8 ft.) 3.0 m (9.8 ft.) NOTE: Whenever possible, (SI) units have been used to reflect industry standards. Fence Components Single Residential Property Multi-Residential and Non-residential Property (1) Diameter 48 mm (1.9") 60 mm (2.4") Fence Components Single Residential Property Multiple residential and non-residential property RICHMOND HILL 973.25 FEBRUARY 2006 973.8.1 FENCE - HEIGHT - DESCRIPTION 973.8.7 Article 8 ABOVE GROUND POOL - HOT TUB WHIRLPOOL - SPA 973.8.1 Above ground pool - exemption Above ground pools in excess of 1.2 m. (3.9 ft.) above grade need not comply provided Sections 973.8.2 through 973.8.5 inclusive of this Chapter are complied with. 973.8.2 Above ground pool - side - guard - requirements Above ground pools in excess of 1.2 m. (3.9 ft.) above grade need not comply if the exterior sides of the swimming pool structure and the out- side face of any guard are constructed in a manner that will not facilitate climbing. 973.8.3 Platform - deck - guard - minimum requirements Above ground pools in excess of 1.2 m. (3.9 ft.) above grade need not comply if a guard of not less than 1.0 m (3.3 ft.) in height is provided around any platform or deck. 973.8.4 Height - above grade - minimum requirements Above ground pools in excess of 1.2 m. (3.9 ft.) above grade need not comply if the combined height of the exterior sides of the swimming pool structure and any guard attached thereto is a minimum of 1.8 m. (5.9 ft.) and a maximum of 2.5 m. (8.2 ft.) in height above the adjacent grade. 973.8.5 Location - distance for lot line Above ground pools in excess of 1.2 m. (3.9 ft.) above grade need not comply if the outside face of a pool structure is be located at least 1.6 m. (4.9 ft.) from any lot line. 973.8.6 Entrance - requirements - set out Notwithstanding Sections 973.8.1 through 973.8.5 inclusive any entrance to a pool area shall be protected in accordance with Sections 973.7.2 through 973.7.26 inclusive. 973.8.7 Hot tub - whirlpool - spa - cover - requirements Structures known as "hot tubs," "whirlpools," "spas," need not comply with Sections 973.7.1 through 973.7.8 inclusive of this Chapter, provided that a substantial cover is permanently fixed to the structure and locked to prevent access when the structure is not in use. By-law 140-90, 10 September, 1990. FEBRUARY 2006 973.26 RICHMOND HILL 973.9.1 FENCE - HEIGHT - DESCRIPTION 973.9.5 Article 9 SPECIAL PROVISIONS 973.9.1 Exemption - 102 - 106 Winchester Lane Notwithstanding anything in this Chapter to the contrary, the definition and interpretation of grade contained in Section 973.2.19 and the provisions of Section 973.3.17, shall not apply to a fence constructed on or adjacent to the side lot line between that part of Lot 60, Plan 1984 described as Part 2, Plan 65R-4888 and Lot 55, Plan M-1856 (municipally known as at May 19, 1992 as 102 Winchester Lane and 106 Winchester Lane respectively) and the provisions of Sections 973.2, 973.9.3 and 973.9.4 shall apply in lieu thereof. 973.9.2 Grade - defined In this Article, "grade" means the surface of the ground below a fence at each location where a structural support is embedded in the ground except that where the surface of the ground within four feet of a fence to be built on a side lot line slopes upward, grade may be taken at any point not greater than four feet away from such fence or privacy screen. 973.9.3 Height - maximum - any yard Subject to Section 973.9.4, no fence shall exceed 1.8 m. (5.9 ft.) in height in any yard. 973.9.4 Height - on sloping ground Where the surface of the ground within four feet of a fence slopes upward and grade is taken at a point other than the location where a structural support is embedded in the ground, no fence shall be built higher than 2.4 m. (7.9 ft.) from the location where a structural support is embedded in the ground. By-law 135-92, 19 May, 1992. 973.9.5 Exemption - 22 Pebblelane Court Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence located in the front yard or on the flankage lot line shall not apply to the property municipally known in the year 1999 as 22 Pebblelane Court, Lot 8, Registered Plan 65M-3145 provided: (a) the height of the fence erected in the front yard and on the flankage lot line does not exceed 1.8 m. (5.9 ft.); and (b) the fence was erected prior to the enactment of this Chapter. By-law 228-99, 1 November, 1999. RICHMOND HILL 973.27 MAY 2004 973.9.6 FENCE - HEIGHT - DESCRIPTION 973.9.9 973.9.6 Exemption - 1 Royal Chapin Crescent Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence located in the side and rear yards and on the flankage lot line shall not apply to the property municipally known in the year 2000 as 1 Royal Chapin Crescent, Part Block 10, Registered Plan 65M-3147 provided: (a) the height of the fence erected in the side and rear yards and on the flankage lot line does not exceed 2.4 m. (7.9 ft.); and (b) the fence was erected prior to the enactment of this Chapter. By-law 153-00, 17 July, 2000. 973.9.7 25 Moodie Drive, Lot 38, Plan 65M-1739 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence located in the front and side yards and on the flankage lot line shall not apply to the property municipally known in the year 2001 as 25 Moodie Drive, Lot 38, Plan 65M-1739 provided: (a) the height of the fence erected in the front and side yards and on the flankage lot lines does not exceed 1.8 metres (5.9 ft.); (b) the fence is not erected on municipal property; and (c) the fence is not erected prior to the enactment of the enabling by-law. By-law 192-01, 10 December, 2001. 973.9.8 Exemption - 0 Stockdale Cres, Block 20, Plan 65M-2956 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence located in the side, rear and front yards shall not apply to the property municipally known in the year 2001 as 0 Stockdale Crescent, Block 20, Plan 65M-2956 provided: (a) the height of the fence erected in the west side, rear and front does not exceed 2.1 metres (6.9 ft.); and (b) the fence was not erected prior to the enactment of the enabling by-law. By-law 195-01, 10 December, 2001. 973.9.9 Exemption - 55 Oak Ave, Part Lot 259, Plan 1960E Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a section of fence located in the rear and side yards on the lot lines shall not apply to the property municipally known in the year 2002 as 55 Oak Avenue, Part lot 259, Registered Plan 1960E provided; (a) the height of the section of fence erected in the rear and side yards and on the lot lines does not exceed 1.9 metres (6.0 ft); MAY 2004 973.28 RICHMOND HILL 973.9.10 FENCE - HEIGHT - DESCRIPTION 973.9.12 (b) the fence is not erected on municipal property; (c) the fence is not erected prior to the enactment of the enabling by-law. By-law 92-03, 14 July, 2003. 973.9.10 Exemption - 76 Major Mackenzie Drive West Notwithstanding anything to the contrary, the provisions respecting the permissible height of a section of fence located in the front yard on the lot lines shall not apply to the property municipally know in the year 2003 as 76 Major Mackenzie Drive West, Part lot 46, Concession 1 W.Y.S. provided: (a) the height of the section of fence erected in the front yard and on the lot lines does not exceed 1.9 metres (6.0 ft); (b) the fence is not erected on municipal property; and (c) the fence is not erected prior to the enactment of the enabling by-law. By-law 93-03, 24 June, 2003. 973.9.11 Exemption - 60 White Lodge Crescent Notwithstanding anything to the contrary, the provisions respecting the permissible height of a section of fence located in the side and rear yards on the lot lines shall not apply to the property municipally known in the year 2003 as 60 White Lodge Crescent Plan 65M2439 PRT BLK 175 provided: (a) the height of the fence erected in the rear yard and on the lot lines does not exceed 2.4 metres (8 f t); (b) the fence is not erected on municipal property; (c) the fence is not erected prior to the enactment of the enabling by-law. By-law 128-03, 28 July, 2003. 973.9.12 Exemption - 18 Glenarden Cres., Plan 65M-2477 Lot 61 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence located in the side and rear yards and on the flanking lot line shall not apply to the property municipally known in the year 2004 as 18 Glenarden Crescent, Plan 65M-2477 Lot 61 provided: (a) the height of the fence erected in the side yard does not exceed 2.4 metres (8 ft.); and (b) the fence erected was erected prior to the enactment of the enabling by-law. By-law 120-04, 31 May, 2004. RICHMOND HILL 973.29 MARCH 2007 973.9.13 FENCE - HEIGHT - DESCRIPTION 973.9.16 973.9.13 Exemption - 108 Larratt Lane, Plan 65M-2890, Lot 61 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence located in the side and rear yards and on the flankage lot line shall not apply to the property municipally known in the year 2004 as 108 Larratt Lane, Plan 65M-2890 Lot 61 provided: (a) the height of the fence erected in the side yard does not exceed 2.4 metres (7 feet 11 inches); and (b) the fence was erected prior to the enactment of the enabling by-law. By-law 170-04, 12 July, 2004 973.9.14 Exemption - 21 Elderwood Drive, Plan 65M-2586, Lot 198 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a gate and on the front lot line shall not apply to the property municipally known in the year 2004 as 21 Elderwood Drive, Plan 65M-2586 Lot 198 provided: (a) the height of the fence erected in the front yard does not exceed 1.68 m (5 ft 6 in.); and (b) the fence was erected prior to the enactment of the enabling by-law. By-law 171-04, 12 July, 2004. 973.9.15 Exemption - 153 Shaftsbury Ave, Plan 65M-2889, Lot 182 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence shall not apply to the property municipally known in the year 2004 as 153 Shaftsbury Avenue, Plan 65M-2889 Lot 182 provided: (a) the height of the fence/privacy screen/trellis erected in the west side does not exceed 2.40 metres (7 feet 11 inches); and (b) the fence/privacy screen/trellis was erected prior to the enactment of the enabling by-law; (c) no other area fencing be increased or built exceeding the 1.9 metres (6 feet) provision without first applying for an amendment; (d) the present fence be maintained as set out in this Chapter. By- law 199-04, 25 October, 2004. 973.9.16 Exemption - 28 Ellsworth Ave, Plan 65R-20137, Lot 103 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a privacy screen shall not apply to the property municipally known in the year 2005 as 28 Ellsworth Avenue, Plan 65R-20137, Lot 103, Part 2 provided that: MARCH 2007 973.30 RICHMOND HILL 973.9.17 FENCE - HEIGHT - DESCRIPTION 973.9.18 (a) the height of the privacy screen of 2.15 metres (7 feet) not be altered; (b) the fence was erected prior to the enactment of the enabling by-law; (c) no other area fencing be increased or built exceeding the 1.8 metres (5.9 feet) provision without first applying for an amendment; (d) that the present fence/privacy screen be maintained as set out in this Chapter. By-law 3-05, 21 March, 2005. 973.9.17 Exemption - 550 Stouffville Rd, Plan 65R-22236, Lot 61 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of fence/privacy, screen/trellis shall not apply to the property municipally known in the year 2006 as 550 Stouffville Road, Plan 65R-22236, Lot 61 provided: (a) the height of the chain link fence in the front yard does not exceed 1.9 metres (6 feet) and; (b) the fence was not erected prior to the enactment of this Chapter, and; (c) no other area fencing be increased or built exceeding the 1.9 metres (6 feet) provision without first applying for an amendment. (d) the present fence be maintained as set out in this Chapter. By- law 70-06, 26 June, 2006. 973.9.18 Exemption - 85 Black Walnut Crescent, Plan 65R, Lot 22 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of fence shall not apply to the property municipally known in the year 2006 as 85 Black Walnut Crescent, Plan 65R-2797, Lot 22 provided: (a) the height of the wood fence in the back yard does not exceed 2.4 metres (8 feet) and; (b) the fence was not erected prior to the enactment of this Chapter and; (c) no other area fencing be increased or built exceeding the 1.9 metre (6 feet) provision without first applying for an amend- ment; and, (d) the present fence by maintained as set out in this Chapter. By- law 93-06, 12 July, 2006. RICHMOND HILL 973.31 JULY 2021 973.9.19 FENCE - HEIGHT - DESCRIPTION 973.11.1 973.9.19 Exemption - 8 Kennington Court, Plan 65M-2375, Lot 15 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence shall not apply to the property municipally known in the year 2007 as 8 Kennington Court, Plan 65M- 2375, Lot 15: (a) the height of the wood fence in the back yard does not exceed 8 feet (2.4); and (b) no other area fencing be increased or built exceeding the 6 feet (1.8 metres) provision without first applying for an amendment; and, (c) the present fence be maintained as per By-law No. 140-90. By- law 117-07, 24 September, 2007. 973.9.20 Exemption - 39 King's Cross Ave Plan 65M-2585, Lot 56 Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a fence shall not apply to the property municipally known as 39 King's Cross Avenue to permit an arbor structure over a backyard gate of the property as outlined in SRPRS.10.121. By-law 123-10, 22 November, 2010. 973.9.21 Exemption -All of Denham Drive, 73 to 108 Westwood Lane Notwithstanding anything in this Chapter to the contrary, the provisions respecting the permissible height of a front yard fence shall not apply to any property on Denham Drive, and to those properties municipally known as 73 to 108 Westwood Lane, inclusive, to permit 1.82 metre (6 foot) high decorative metal fencing with stone pillar support structures in the front yards of the properties. By-law 86-21, 23 June, 2021. Article 10 ENFORCEMENT 973.10.1 Fine - for contravention Every person who contravenes any of the provisions of this Chapter is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act. By-law 226-93, 28 July, 1993. Article 11 REPEAL 973.11.1 By-law - previous By-laws 131-76, 950, 1111 and 1125 are hereby repealed. By-law 140-90, 10 September, 1990.