This is the exact embedded text of the captured official document.
Snapshot c5172b8233a5 · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 5
The Corporation of the Township of Selwyn
Fence By-law 2016-032
Being a By-law to Prescribe Standards for the Construction and
Maintenance of Fences within the Township of Selwyn
Whereas Section 11 (3) 7 of the Municipal Act. R. S. O. 2001, as amended,
provides that a municipality may pass By-laws respecting structures, including
fences and signs; and
Whereas Section 9 of the Municipal Act. R. S. O. 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 8 of the Municipal Act. R. S. O. 2001, 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 425 (1) of the Municipal Act. R. S. O. 2001, 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 the Council of the Township of Selwyn deems it necessary to regulate
the building and maintenance of fence structures within the Township of Selwyn;
Now Therefore the Council of the Corporation of Township of Selwyn
enacts as follows:
1.
Short Title
This By-law may be referred to as the Fence By-law.
2.
Definitions
a) "Chief Building Official" means the Chief Building Official as
appointed, on behalf of the Township of Selwyn, and his or her designate.
b) "Corner Lot" means a lot situated at the intersection of two or more
streets or private roads, having an angle of intersection of not more than
135 degrees. The front lot line is deemed to be the shorter line abutting
the street.
c) "Daylight Triangle" means the triangular space formed on a corner lot
('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 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.
d) "Fence" means any structure used to enclose or divide, in whole or in
part, a yard or other land to establish a property boundary inclusive of any
hedges consisting of a dense line of bushes or small trees.
e) "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.
Page 2 of 5
f) "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.
g) "Hoarding Fence" means a fence or similar structure used to enclose
a property or part thereof which is under development, site alteration or
maintenance.
h) "Lot" means a parcel of land, the boundaries of which are defined in
the last registered instrument by which legal or equitable title to the said
parcel was lawfully and effectively conveyed or which a whole lot as
shown on a Registered Plan of Subdivision subject to the provisions of the
Planning Act, R.S.O. 1990.
i) "Lot line" means any boundary of a lot or the vertical projection thereof.
j) "Lot line front" means, in the case of an interior lot, the line dividing the
lot from the street or private right of way. 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.
k) "Officer" means a By-law enforcement officer or building inspector
employed by the Township of Selwyn.
l) "Owner" means a registered owner of lands and includes a lessee,
tenant, mortgagee in possession or the person in charge of any property.
m) "Principal Building" means a building or structure in which primary
use is conducted.
n) "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 One, telephone and telecommunication and
natural gas companies.
o) "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.
p) "Street Line" means the limit of the street or road allowance which is
the dividing line between the lot or block and the street.
q) "Township" means the Corporation of the Township of Selwyn.
r) "Waterbody" means any bay, lake, canal or natural watercourse but
excludes a drainage or irrigation channel.
s) "Yard - Front" means a yard extending across the full width of the lot
between the front lot line, the line dividing the lot from the street, and the
'Front Wall' of the 'Principal Building' on the lot.
t) "Yard - Rear" means a yard extending across the full width of the lot
between the rear lot line, and the 'Front Wall' of the 'Principal Building' on
the lot.
u) "Yard - Exterior Side" means the side yard of a corner lot which side
yard extends from the exterior side lot and the nearest main wall of the
'Principal Building' on the Lot.
Page 3 of 5
v) "Yard - Side" means a yard extending from the Front Yard to the rear
yard of a lot between a side lot line and the nearest wall of the 'Principal
Building' on the Lot.
w) "Yard - Water" means a yard extending the full width of the lot
between the waterbody and the rear wall of the 'Principal Building' on the
lot.
x) "Zone" means a zone as designated in the Township of Selwyn 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 this By-law.
3.2 All Fences shall be maintained in a good state of repair and in a safe
condition.
4. Exemptions
Notwithstanding Section 3, a Fence, as provided below, shall be exempt from
all parts of this By-law with the exception of Part 10 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.
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
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
Page 4 of 5
considered in the Industrial Zone and used at a height of 1.8 metres above
ground level at the discretion of the CBO.
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
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 (6'-0").
b) A fence erected in a water yard shall not exceed the height of 1.2 metres
(4'-0").
c) A fence erected in a front or exterior side yard shall not exceed 1 metres
(3'-3") in height.
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 (8'-0").
b) Notwithstanding Section 8.1 a), the maximum height of a fence located
within 7.6 metres from the front lot line shall not exceed 1.2 metres (4'-0").
9. Daylight Triangles
Notwithstanding any other provisions of the By-law, no person shall, within
a Daylight Triangle, as defined herein, erect or cause to be erected a
Fence which would obstruct the vision of drivers or motor vehicles.
Maximum height is 0.6 Metres (2 Feet).
10. Maintenance of Fences
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.
11. Fence Variance
11.1 A 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
Page 5 of 5
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.
b) Submission of applicable drawings, site plan and specifications for
the proposed Fence; and
c) Payment of the requisite fee.
11.2 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.
12. Administration and Enforcement
12.1 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.
12.2 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 the By-law.
12.3. That the fee for an application for a Fence Variance as set in Section
11.1 c) be established through the Township of Selwyn Consolidated Fees
By-laws.
13. Existing By-law Repeal
That Smith-Ennismore By-law No. 1998-41 and Lakefield By-law 81-6 are
hereby repealed effective May 1, 2016.
14. Effective Date
That this By-law come into full force and effect on May 1, 2016.
By-law read a first, second and third time and finally passed this 26th day of April,
2016.
__________________________________
Mayor, Mary Smith
___________________________________
Clerk, Angela Chittick
Corporate Seal