Fence By-Law No. 44 of 1998 (Consolidated, incl. amendments to 2018) — full text

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CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 BY-LAW NUMBER 44 OF 1998 OF THE CITY OF SARNIA "Being a By-Law dealing with Fences within the City of Sarnia" WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, Chapter M.45, Section 210, Paragraphs 25 to 30 inclusive, Council may pass by-laws dealing with fences; AND WHEREAS it is deemed expedient and desirable to pass such a by-law; NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows: 1. No person shall construct, erect, maintain, keep or permit within the City of Sarnia any fence that is in contravention of any of the provisions of this By-Law. 2. DEFINITIONS For the purposes of this By-Law, the following definitions shall apply: (a) "Chief Building Official" means the Chief Building Official for The Corporation of the City of Sarnia, and includes his/her designate; (b) "Council" means the Municipal Council of The Corporation of the City of Sarnia; (c) "corner lot" means a lot located at the intersection of two or more streets having an angle of intersection of not more than one hundred and thirty-five degrees (135o); (d) "daylight triangle" means that portion of a corner lot within the triangular space formed by the street lines and a straight line drawn from a point in one street line to a point in the other street line, each such point being 5 metres (16.4 feet) measured along each street line from the point of intersection of the street lines, as shown on Schedule "A"; (e) "driveway" means a vehicle access provided between a street and a parking area/space or a loading space; (f) "effective ground level" means the mean level of the ground within a radius of 1.25 metres (4 feet) of the ground location being considered; (g) "electrical fence" means a fence through which electricity passes; CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 (h) "erect" includes alter, construct, plant, grow, place and relocate; (i) "fence" includes a railing, wall, hedge, shrubs, line of posts, wire, masonry, gate, boards or pickets, or other similar substances, used to enclose or divide in whole or in part a yard or other land, or to establish a property boundary; (j) "fence - open type construction" means a fence constructed so that its vertical surface area is unobstructed, enabling motorists and pedestrians to have a clear view through such fence (e.g. a fence of chain-link construction); (k) "fence-solid type construction" means a fence constructed so that its vertical surface is obstructed, preventing motorists and pedestrians from having a clear view through such fence; (l) "lot" means any parcel of land which can be occupied or used or otherwise disposed of separately and apart from any abutting lands, whether or not such parcel is described in a registered deed or shown on a registered plan of subdivision; (m) "street" means a public highway which provides the principal means of vehicular access to abutting lots and includes its sidewalks and boulevards; (n) "street line" means the boundary between a street and a lot which separates the lot from the abutting street; (o) "yard" means that part of a lot not covered or occupied by any building; (p) "yard, front" means a yard that extends across the full width of the lot from the front lot line to the minimum front yard depth required for a main building by the provisions of the Zoning By-Law; (By-Law #95 of 2017) (r) "yard, side" means a yard that extends from the front year to the rear yard and from the side line of a site to the nearest wall of the main building on the site. 3. APPLICATION OF BY-LAW (a) This By-Law applies to fences in the City of Sarnia whenever erected. (b) Fences lawfully erected prior to the passage of this By-Law are exempt from the provisions of this by-law, unless; CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 (i) In the opinion of the City Engineer, conditions exist that constitute a view obstruction or safety hazard, in which case Sections 6 and 7 will apply; or (ii) In the opinion of the Chief Building Official, conditions exist that constitute a risk to public safety, in which case Sections 8 and 9 will apply. (By-Law #98 of 2015) (c) Fences lawfully erected prior to the passage of this By-Law that do not comply with Sections 5(a) or 10 may be appealed to the Property Standards Committee, which shall have, for the purposes of this By-Law, in addition to its other powers, the power to grant an exemption to this By-Law. (d) In the event of any conflict between the provisions of this By-Law and any provisions of the City of Sarnia Zoning By-Laws, Swimming Pool By-Law, or Streets By-Law, all as amended, relating to fencing, the provisions of those By-Laws shall prevail over the provisions of this By-Law. 4. ADMINISTRATION AND ENFORCEMENT (a) In the event that complaints are received by the City, the Chief Building Official shall inspect the fence subject to the complaint. (b) If, in the opinion of the Chief Building Official, the said fence does not comply with the provisions of this By-Law, the Chief Building Official shall notify, in writing, the owner, agent or person responsible for the said fence of the requirement to bring the fence into compliance with the provisions of this By-Law. Notice in writing shall be deemed delivered when it has been: (i) personally served; or (ii) sent by certified mail to the address of the owner, as shown on the last revised assessment roll, on the fifth day after mailing; or (iii) when posted on the offending fence. (c) Failure to comply with the written direction of the Chief Building Official constitutes a contravention of this By-Law for which the owner, agent or person responsible can be subject to the penalty set out in Section 12 of this By-Law. CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 5. GENERAL PROVISIONS (a) No person shall erect or cause to be erected or permit to be erected or maintain a fence unless it is: (i) reasonable uniform in colour and pattern; (ii) either of open type or of solid type construction or combination thereof; (iii) constructed of materials that are specifically designed or commonly utilized for fencing purposes. (b) No person shall erect or cause to be erected or permit to be erected or maintain any fence that is not: (i) in good repair; and (ii) sufficiently sturdy so as not to present a hazard through risk of toppling or collapse or through risk of potions coming loose that could become a hazard. 6. FENCES ADJACENT TO A STREET LINE (a) No person shall erect or cause to be erected a fence within that area adjacent to a street line and a driveway as illustrated on Schedule "B", unless such fence: (i) is of open type construction and does not obstruct the visibility of motorists and pedestrians; (By-Law #95 of 2017) or (ii) is of solid-type construction and does not exceed 0.75m (2.5 ft.) in height above effective ground level. (b) Notwithstanding Subsection 6(a), a person may erect or cause to be erected a fence on a lot in a commercial or industrial zone, within that area adjacent to a street line and a driveway, provided that it is not adjacent to a municipal sidewalk and is either of: (i) open type construction and does not obstruct the visibility of motorists and pedestrians; or (ii) solid-type construction and does not exceed 0.75m (2.5 ft.) in height above effective ground level. (By-Law #98 of 2015) CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 7. FENCES WITHIN DAYLIGHTING TRIANGLES (a) No person shall erect or cause to be erected or permit to be erected or maintained a fence within a daylight triangle such as illustrated on Schedule "A", unless such fence: (i) is of open type construction and does not obstruct the visibility of motorists and pedestrians; or (ii) is of solid-type construction and does not exceed 75 cm (29.5 inches) in height above effective ground level. 8. FENCES WITH BARBED WIRE OR OTHER BARBED MATERIAL (a) No person shall erect or cause to be erected on any land used for residential purposes, a fence which either contains, or is constructed of, barbed wire or other barbed or sharp material. (b) Barbed wire or other barbed or sharp material may be used on the top and to the inside of fences that are erected on lots which meet all of the following criteria: (i) the lots are zoned Industrial or Commercial in the applicable Zoning By-Law; (ii) they are occupied by either an industrial or commercial use; and (iii) the barbed wire is not located less than 1.8 metres (6 feet) above effective ground level. (c) Barbed wire may be used on fences lawfully used for agricultural purposes. 9. ELECTRICAL FENCES (a) Except as provided in Subsection (b) of this Section, no person shall erect or cause to be erected or permit to be erected or maintain an electrical fence on any land. (b) An electrical fence using direct current may be erected on land while it is being lawfully used for agricultural purposes, provided such fence: (i) has a controller which meets CSA (Canadian Standards Association) Standard C22.2 103-M1983; (ii) is designed and erected solely to contain animals; CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 (iii) has attached to it, at approximately 15 metre (40.2 feet) intervals, a sign that the fence carries electricity; and (iv) does not abut a residential use or zone. 10. RESIDENTIAL FENCES With respect to any area of the City zoned as residential under the applicable Zoning By-Law: (a) No person shall erect or cause to be erected a fence that exceeds 2.5 metres (8 feet) in height above effective ground level and paragraphs 6 and 7 also apply. (b) No person shall attach or permit the attachment of, any sign or other advertising device to a fence of open type construction. (c) No person shall direct or permit a sign or other advertising device to be drawn, painted or otherwise displayed on a fence of closed type construction. (d) That notwithstanding Section 10(a), the property municipally known as 1609 McMillen Parkway shall be permitted to have two 10 foot sections of fencing proposed to be installed along the west side of their property to have a maximum height of 10 feet. (By-Law #104 of 2003) (e) That notwithstanding Section 10(a), the property municipally known as 1414 Lakeshore Road shall be permitted to have a 30 foot section of privacy fencing to a maximum height of 10 feet adjacent to the outdoor patio located at 1406 Lakeshore Road. (By-Law #119 of 2003) (f) No person shall erect or cause to be erected, a fence that is of solid type construction, in a required front yard that exceeds 1m (3.3 ft.) in height above effective ground level and Paragraphs 6 and 7 also apply. (By-Law #95 of 2017) (g) No person shall erect or cause to be erected, a fence that is of open type construction, in a required front yard that exceeds 1.2m (4 ft.) in height above effective ground level. (By-Law #95 of 2017) (h) Notwithstanding subsections 10(f) and 10(g), a lot that is located on the intersection of and abuts two streets, may be permitted to erect or cause to be erected, a fence in the required front yard that does not exceed CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 1.5m (5 ft.) in height, provided the major architectural features of the dwelling are not oriented towards the front lot line, as determined by the Chief Building Official. (By-Law #95 of 2017) (i) That notwithstanding Section 10(a), the property municipally known as 329 Vidal Street North shall be permitted to have a 3m (10 ft.) section of fence adjacent to the rear lot line and a 3m (10 ft.) section of fence adjacent to the commercial property to the north, which is municipally known as 155 London Road. (By-Law #56 of 2018) (j) That notwithstanding Section 10(a), the property municipality known as 10 Lorne Crescent shall be permitted to have a 3m (10 ft.) section of fence around a sports court in the rear yard, adjacent to the rear lot lines of 925, 927 and 931 Sycamore Drive. (By-Law #110 of 2018) 11. GENERAL (a) In this By-Law, unless the context otherwise requires, words imparting the singular number shall include the plural, and words imparting the masculine gender shall include the feminine and, further, the converse of the foregoing also applies where the context so requires. 12. PENALTY (a) Every person who contravenes any provision of this By- Law is guilty of an offence and subject to the provisions of the Provincial Offences Act. 13. SEVERABILITY (a) If a court of competent jurisdiction declares a Section or Subsection of this By-Law invalid, the remainder of the By-Law shall continue in force and effect unless the court makes an order to the contrary. 14. SCHEDULES (a) Schedule "A" and "B" attached to this By-Law form part thereof. CONSOLIDATED As Amended by By-Law #104 & #119 of 2003, #98 of 2015, #95 of 2017, #56 & #110 of 2018 15. The short title of this By-Law is the "Fence By-Law". 16. This By-Law repeals By-Law Number 180 of 1992 and By- Law Number 80 of 1997. 17. This By-Law comes into force and effect when finally passed. FINALLY PASSED this 23rd day of March, 1998. "Mike Bradley" _______________________________ Mayor "Ann Tuplin" _______________________________ Clerk Doc: L:\LAW CLERK\BY-LAW\WORKING\FENCE BLW-CONSOLIDATED SCHEDULE "A" DAYLIGHTING TRIANGLE ) ~-----,----- - 5m - EDGE OF TRAYEll.£O PORnON OF STREET ~ 1- / l 7 I ~ 5m , / / r---r- '1- w z: :J I.i >- 0 III ..J 0:: >- 1- z Vl 0 Q: .... ~ NO FENCE HIGHER THAN 75C.,. UNLESS ~ FENCE IS OF OPEN CONSTRUCTION NOT TO SCALE BOULEVARD \ SIDEWALK JJ I SCHEDULE "B" ADJOINING DRIVEWAYS ) ~----- 8OUl£VAAO SlDEWAI.K [] ~r 39- r- ~ ~ DRIVEWAY ~ ~ I DRIVEWAY I- ~ 3m :-r D :z: :J 9 I ~ E SINGLE DRIVEWAYS ) ~---- EDCE Of TRAVElllD PORl10H Of STREET \ I':>T "«« !~ ~ > "~\ '< UHE '-'1 -- ~. f-- DRIVEWAY I t? ~ HO rEHCE HIGHER THAN 75C~ UNLESS ~ FEHCE IS or OPEH CONSTRucnOH BOUUVAAO I I SIO!.'tINJ'< ! w 3m ~lI~-~-t I lU HOT TO SCALE