By-law No. 2021-037 - Standards for the Construction and Maintenance of Fences — full text

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Page 1 of 8 THE CORPORATION OF THE VILLAGE OF SUNDRIDGE BY-LAW NO. 2021-037 BEING A BY-LAW TO PRESCRIBE STANDARDS FOR THE CONSTRUCTION AND MAINTENANCE OF FENCES WITHIN THE VILLAGE OF SUNDRIDGE. WHEREAS Section 11 (3) 7 of the Municipal Act. R. S. 0. 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. 0. 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. 0. 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. 0. 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 Village of Sundridge deems it necessary to regulate the building and maintenance of fence structures within the Village boundaries; NOW THEREFORE the Council of The Corporation of the Village of Sundridge hereby enacts as follows: 1. DEFINITIONS In this by-law: "Chief Building Official" means the Chief Building Official as appointed, on behalf of the Village of Sundridge or designate. "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. Page 2 of 8 "Sight Triangle" means the triangular space formed on a comer 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 9.1 Metres (30') 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. "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. "Ground level" means the level of the grade adjacent to the fence excluding any gardens, flower planters or built up landscaping to allow the fence to be higher than regulated under this By-law. "Height" means the vertical distance measured from the ground level where the fence posts are embedded to the top of said fence excluding the post. Where a fence is located on the top of a retaining wall, "height" shall mean the vertical distance measured from the top of the retaining wall to the highest point of the fence excluding the post. "Hoarding Fence" means a fence or similar structure used to enclose a property or part thereof which is under development, site alteration or maintenance. "Lot" means a parcel 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. "Lot line" means any boundary of a lot or the vertical projection thereof. "Lot line front" means, in the case of an interior lot, the 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. "Officer" means a By-law enforcement officer or building inspector employed or appointed by the Village of Sundridge. "Owner" means a registered owner of lands. "Principal Building" means a building or structure in which primary use is conducted. Page 3 of 8 "Public Uses and Utilities" means use of any lot for the purposes of public services provided by the Village or any Public Authority. "Snow Fencing" means a fence commonly used for the control of snow and which is usually constructed of plastic mesh, lightweight wood strip or wire fencing. "Street Line" means the limit of the street or road allowance which is the dividing line between the lot or block and the street. "Village" means the Corporation of the Village of Sundridge. "Waterbody" means any bay, lake, canal or natural watercourse but excludes a drainage or irrigation channel. "Yard - Front" means a yard extending across the full width of the lot between the front lot line, the line dividing the lot from the street, and the 'Front Wall' of the 'Principal Building' on the lot. "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. "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. "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. "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. "Zone" means a zone as designated in the Village of Sundridge Zoning By-law as amended pursuant to the Planning Act. 2. APPLICATION OF THIS BY-LAW 2.1 This By-law shall apply to all Fences erected in the Village on and after the date of enactment and passage of this By-law. 2.2 All Fences shall be maintained in a good state of repair and in a safe condition. Page 4 of 8 3. EXEMPTIONS Notwithstanding Section 2, a Fence, as provided below, shall be exempt from all parts of this By-law with the exception of Part 9 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. 4. EXISTING FENCES 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. 4.1 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. 5. 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 o n l y be used on properties where provincial or federal regulations apply and shall not be within 10 M of a public walkway. Any variances to this are subject to the review of the Office Page 5 of 8 Administration. d) A Fence or any attachment to a Fence which may be used as a conductor of an electrical current. 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. 6. 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 2.0 metres (6'-6"). b) A fence erected near a water body shall meet setbacks from Stream and Watercourses pursuant to the current Zoning By-law c) A fence erected in a front or exterior side yard shall not exceed 1 metres (3'- 3'') in height when constructed of solid materials and does not exceed 1.2 metres (4') in height when constructed of open materials. 7. NON-RESIDENTIAL FENCES 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 (25') from the front lot line shall not exceed 1.2 metres (4'-0"). 8. SIGHT TRIANGLES 8.1 Notwithstanding any other provisions of the By-law, no person shall, within a Sight Triangle, as defined herein, erect or cause to be erected a Fence which would obstruct the vision of drivers or motor vehicles. 8.2 A fence erected in a sight triangle shall not exceed 1 metres (3'-3") in height when constructed of solid materials and does not exceed 1.2 metres (4') in height when constructed of open materials. Page 6 of 8 9. 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. 10. COMPLIANCE 10.1 No person shall have, erect, construct, maintain or permit to be erected, constructed or maintained a fence on a lot except in accordance with the regulations within this by-law. 10.2 No person shall keep an unsightly fence within the Village of Sundridge. 11. OBSTRUCTION No person shall hinder or obstruct, or attempt to hinder or obstruct, any person exercising a power or performing a duty under this by-law. 12. OFFENCES AND PENALTIES Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. 13. SEPARATE OFFENCE For the purpose of this by-law, each day of a continued offence shall be deemed to be a separate offence. Page 7 of 8 14. VALIDITY AND SEVERABILITY Should any section, subsection, clause, paragraph, or provision of this bylaw be declared by a Court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity of the enforceability of any other provision of this by-law, or of the by-law as a whole. 15. SHORT TITLE The short title of this by-law is the "Fence By-law". 16. FORCE AND EFFECT This by-law comes into effect on the date of its passing. 17. SCHEDULE 'A' Part 1 Offences short form wording and set fines for such offences. I. Once the by-law has been approved, the short form wording and set fines will be applied for with the Provincial Offences Courts to have then approved. II. These offences can be issued as a Part 1 ticket on the persons committing the offences on the day of offence, or within 30 days of the offence. PASSED THIS 8th DAY OF SEPTEMBER 2021. _________________________________ Lyle Hall, Mayor _________________________________ Nancy Austin, Clerk Administrator Page 8 of 8 The Corporation of the Village of Sundridge  PART 1 PROVINCIAL OFFENCES ACT By-law Number 2021 - 037 Fence By-law SCHEDULE "A" Item # Short Form Wording Provision Creating Or Defining Others Set Fine 1 Failure to Comply with Fence By-law 10.1 $300.00 2 Failure to Maintain Fence 10.2 $300.00 Note: The penalty provision for the offences listed above is Section 12 of By-law 2021- 037, a certified copy of which has been filed.