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THE MUNICIPALITY OF SOUTH BRUCE
BY-LAW # 2013 - 31
"FENCE BY-LAW"
Being a by-law to prescribe the height and description of
fences in the Municipality of South Bruce
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25 ("the Municipal
Act, 2001"), as amended, provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under the Act;
AND WHEREAS Section 9 of the Municipal Act, 2001, provides that Sections 8
and 11shall be interpreted broadly so as to confer broad authority on unicipalities
to (a) enable municipalities to govern their affairs as they consider appropriate
and, (b) enhance their ability to respond to municipal issues;
AND WHEREAS Section 11 of the Municipal Act, 2001, provides that a lower-tier
municipality may pass by-laws respecting matters within the spheres of
jurisdiction described in the Municipal Act, 2001 and subject to certain provisions
as outlined in the Municipal Act, 2001;
AND WHEREAS; the Municipality of South Bruce is desirous of enacting a Fence
By-law;
NOW THEREFORE the Council of the Municipality of South Bruce enacts as
follows:
1. DEFINITIONS In this By-law:
1.1. Construct a Fence means to construct, erect, build, install, alter,
reconstruct or replace a fence, or cause or permit another person to do so.
1.2. Designated Official means a By-law Enforcement Officer or Chief
Building Official for the Municipality of South Bruce, or as otherwise
determined by the Municipality.
1.3. Division Fence means a fence marking the boundary between
abutting parcels of land.
1.4. Farm fence means a fence erected for the purpose of containing
livestock, enclosing crops, water areas (excluding private swimming
pools), woodlots, buildings, fields or laneways for the operation of
agriculture.
1.5. Fence means a barrier or partition erected or grown, including shrubs
and hedges, which may or may not define the boundary line of a property
but shall not include a building or structure as defined in the Ontario
Building Code Act or Regulations for the Municipality of South Bruce
Zoning By-law.
1.6. Height means the vertical distance measured between the average
finished grade and the highest point of the fence. In the case of a fence
located on top of a retaining wall or berm, height means the combined
vertical distance between the lowest point of the retaining wall or berm and
the highest point of the fence.
1.7. Lot means all contiguous land under one ownership.
1.8. Lot, Through means a lot which has street access on 2 or more
treetlines, other than a corner lot.
1.9. Lot, Corner means a lot situated at the intersection of two or more
streets, or a lot abutting on one or more parts of the same street, where
such intersections have an angle of intersection of 135 degrees or less or
located on the curve of a street where the angle of intersection of the
projected tangents of the street line does not exceed 135 degrees.
1.10. Lot Line means any boundary of a lot and the vertical projection
thereof.
1.11. Lot Line, Front means the lot line that abuts the street except that:
a) In the case of a corner lot or through lot, the shorter lot line
abutting a street shall be deemed the front lot line.
b) In the case of corner or through lots, with two lot lines of equal
length abutting streets, the lot line that abuts the wider street shall
be deemed to be the front lot line. Where the streets are of equal
width, the lot line which abuts a County or Provincial Highway shall
be deemed to be the front lot line. In the case of both streets being
under the same jurisdiction and of the same width, the Municipality
shall designate which street line shall be the front lot line.
1.12. Lot Line, Rear means the lot line opposite to the front lot line except
where the side lot lines intersects, as in the case of a triangular lot, in
which case the rear lot line shall be represented by the point of
intersection of the side lot lines
1.13. Owner means an owner, lessee, tenant, mortgagee in possession
and the person in charge of any property.
1.14. Person shall include a Firm Partnership, Company, Corporation, or
Contractor of Owner.
1.15. Public Highway means a street or highway being a Provincial
highway or under the jurisdiction of the County of Bruce or the Municipality
of South Bruce, or assumed by the municipality or being constructed
under an Agreement with the Municipality.
1.16. Shrubs and Hedges mean a continuous line of plantings or plant
material arranged to form a fence or boundary.
1.17. Sight Triangle means an area free of buildings or structures higher
than 0.6 metres (2 feet) which is determined by measuring from the point
of intersection of street lines on a corner lot to a prescribed distance or by
measuring from the point of intersection of any street line and driveway to
a prescribed distance.
1.18. Structure means anything constructed or erected which requires
location on or in the ground or is attached to something having location on
or in the ground but shall not include a fence, a retaining wall less than 0.6
metres (2feet) in height, lawn ornament or a shrub or hedge.
1.19. Municipality means the Council of the Municipality of South Bruce.
1.20. Yard means an uncovered space on a lot lying between the lot line
and the nearest part of any building or structure on the lot.
1.21. Yard, Exterior Side means a side yard immediately adjacent to a
street or a reserve abutting a street, extending from the front yard to the
rear yard of any lot.
1.22. 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 the nearest
building or structure on the lot.
1.23. Yard, Interior Side means the yard between the side lot line and the
nearest part of any building or structure extending from the front yard to
the rear yard of a lot.
1.24. Yard, Rear means the yard extending across the full width of the lot
between the rear lot line of the lot and the nearest part of the nearest
building or structure on the lot.
1.25. Yard, Side means the yard between the side lot line and the nearest
part of any building or structure extending from the front yard to the rear
yard of alot.
1.26. Zone means a zone category in a By-law enacted pursuant to
Section 34 of the Planning Act, as amended, or a predecessor of that
Section.
2. RESTRICTIONS ON FENCES
2.1. No person shall use any barbed wire or other barbed material or any
material of a nature, which could be injurious to the public in the
construction of, or in connection with, any fence in the Municipality of
South Bruce, except where such a fence is located within an industrial
zone and provided that such materials are used at a height of at least 1.8
metres (6 feet) above the finished grade or within an agricultural zone.
2.2. No person shall permit a fence or any attachment to a fence to be
used as a conductor of an electrical current except where such fence is
located within an agricultural zone.
2.3. No person shall erect a fence on or in any municipal easement unless
the fence is constructed in accordance with the applicable easement
document. Furthermore, the Municipality of South Bruce shall not be
responsible for any damage to a fence during the course of regular or
emergency maintenance within such easement.
2.4. No person shall construct a fence that contains a gate structure that
abuts Municipal owned property without being granted an exemption by
the Municipality.
2.5. No person shall construct a fence that is greater than 0.6 metres (2
feet) in height along any point of a Sight Triangle and such fence must be
of open construction.
2.6. No fence shall be erected between two abutting dwellings where the
distance between such dwellings is 0.6 metres (2 feet) or less.
2.7. No fence shall be erected closer than 0.6 metres (2 foot) from any lot
boundary abutting a street.
2.8 If a land owner proposes to erect a boundary fence and the sides of
the boundary fence are of unequal appearance, the adjoining land owner
shall have the right to decide which side of the fence faces his property.
2.9 When a land owner and an adjacent land owner are unable to reach
agreement on any matter or item in this section, the parties may refer the
issue to the Chief Building Official whose decision shall be final. No costs
shall be incurred by the Municipality pursuant to this subsection.
2.10The Municipality of South Bruce takes no responsibility in
the accuracy of any property line. In the event of a dispute the Municipality
may engage an Ontario Land Surveyor at the expense of landowners to
identify such boundary lines.
3. FENCES IN RESIDENTIAL ZONES
3.1. Fences in Rear Yards:
No fence erected in a rear yard shall exceed 1.8 meters (6 feet) in
height.
3.2. Fences in Front Yards:
No fence erected in a front yard shall exceed 1.0 meters (3.3 feet) in
height unless constructed as a fence of open construction.
3.3. Fences in Interior Side Yards:
3.3.1 No fence erected in an interior side yard shall exceed 1.8
meters (6 feet) in height.
3.3.2 Notwithstanding Section 3.3.1, if the fence is a division fence,
the subject fence may be erected to a point opposite the front
corner of the building nearer the road.
3.4. Fences in Exterior Side Yards:
3.4.1 No fences erected in an exterior side yard shall exceed 1.0 meters
(3.3 feet) in height.
3.4.2 Notwithstanding Section 3.4.1, if the residence is set back further
than the minimum setback required by the current Zoning By-law, then
a fence not exceeding 1.8 meters (6 feet) may be constructed if such
fence meets minimum setbacks as required by the current Zoning By
law.
3.5. Fences in Through Lots:
A fence having a maximum height of 1.8 meters (6 feet) may be
erected along the side lot lines. A fence may not be closer than 7.5
meters (25 feet) to the front or rear lot line. However, it may extend
to the dwelling if the dwelling is within this setback.
4. FENCES IN COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND OPEN
SPACE ZONES
4.1. No fence shall exceed 3.04 meters (10 feet) in height.
4.2. No fence shall be erected having a height in excess of 1.8 meters (6
feet) from the exterior side lot line to the established building line of the
main building erected on the lot.
4.3. No fence shall be erected having a height in excess of 1.2 meters (4
feet) between the established building line of the main building on the lot,
and a setback of 3.04 meters (10 feet) from the front lot line.
4.4. A fence shall be of open construction.
5. FENCES IN INDUSTRIAL EXTRACTIVE ZONE
5.1 In an industrial extractive zone, a fence of heavy duty farm fencing
with a minimum height of 1.2 meters (4 feet) and maximum height of 2.4
meters (8 feet) shall be erected and maintained around the entire site.
Such fence shall follow the contours of the surface of the ground along the
perimeter of the lot or area of the lot to be used for a pit operation.
6. FENCES IN AGRICULTURAL AND RURAL ZONES
6.1 Notwithstanding the provisions of this by-law, nothing shall prevent the
construction and maintenance of farm fences in areas zoned Agricultural
or Open Space by the applicable zoning by-law. In addition, nothing shall
prevent the use of barbed wire or electric farm fencing within an
agricultural zone.
7. CONSTRUCTION AND MAINTENANCE
7.1 All fences shall be maintained in good repair.
7.2 All fences shall be constructed and maintained in a structurally sound
condition.
7.3 All fences shall be maintained to prevent an unsafe or unsightly
condition.
7.4 Where fifty percent (50%) or more of any fence is to be replaced or
repairs such replacement and or repairs shall meet the requirements of
this By-Law.
7.5 Where a lot line is indicated as following a zone boundary, the fence
that may be erected shall be constructed to the specifications of the zone
with the highest maximum height restrictions. Where the zone boundary is
located on a street line, this subsection shall not apply.
8. VARIANCES
8.1 Notwithstanding the provisions of this by-law, nothing shall prevent the
construction and maintenance of a fence constructed for public service
purposes by the Municipality of South Bruce or any other government
authority.
8.2 Notwithstanding any provisions respecting the height of fences in the
by-law, where the Municipality has entered into a subdivision or site plan
agreement requiring any fence to form part of a required architectural or
noise attenuation feature, such fence shall be exempt from the height
restrictions set out in the by-law for such fence and shall be the height set
forth for such applicable subdivision or site plan control agreement.
8.3 The requirements of this by-law do not apply to a fence that was
constructed lawfully prior to the day on which this by-law came into force.
8.4 The Municipality may, upon application by an owner of land, enact a
resolution to grant an exemption from the height restrictions set out in this
By- law.
8.5 Where a conflict exists between this by-law and any other zoning by
law, the provisions of this by-law shall prevail.
9. ADMINISTRATION, ENFORCEMENT AND PENALTY PROVISIONS
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9.1. The administration and enforcement of the By-Law shall be under the
authority of the Chief Building Official.
9.2. Every person or owner who contravenes any provision of this By-Law
is, upon conviction in a court of competent jurisdiction, therefore guilty of
an offence and shall be liable to a fine as provided under the Provincial
Offences Act.
9.3. In this By-Law, where any person is directed to do any matter or thing,
in default of it being done by the person directed or required to do it, such
matter or thing may be done at his or her expense by the Municipality of
South Bruce or its agents and such expense may be recovered by action
or in like manner as Municipal taxes.
10. REPEALS
10.1 That all by-laws, or parts thereof, contrary to this by-law are hereby
repealed including by-law # 2008-18.
11. TITLE
11.1. This by-law shall be cited as the "Fence By-Law".
12. EFFECTIVE DATE
12.1. This by-law shall come into force upon the date of its final passing
thereof.
Read a first, second and third time and finally passed, signed and sealed
this 14th day of May, 2013.
MAYOR
Seal
CLERK
Original Signed