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The Corporation of the Town of The Blue Mountains
By-Law Number 2003 - 14
Office Consolidation
(By-law No. 2007-19 & 2008-5)
Being a By-law for prescribing the height and description of lawful fences.
Whereas Section 11 of the Municipal Act, 2001, and amendments thereto, enables the councils
of local municipalities to pass by-laws to regulate fences;
And Whereas Council of the Corporation of the Town of The Blue Mountains deems it
expedient to pass such a by-law;
Now Therefore Council of The Corporation of the Town of The Blue Mountains hereby enacts as
follows:
1. This By-law may be cited as the "Fence By-law".
2. Definitions
In this By-law;
i) "Commercial Zone" means any land located in an area designated C1, C2, C3, C4,
C8 and SF by Zoning By-law No. 83-40, as amended and designated C1, C2, C3
and C4 by Zoning By-law No. 10-77, as amended;
ii) "Development Zone" means any land located in an area designated D and DD by
Zoning By-law No. 83-40, as amended, or D by Zoning By-law No. 10-77, as
amended;
iii) "corner lot" means a lot situated at the intersection of and abutting upon two or
more streets, provided that the angle of intersection of such streets is not more
than one hundred and thirty-five (135) degrees;
iv) "fence" means a structure comprised of wood, metal, steel, plastic, concrete,
stone or other material or any composite thereof (By-law No. 2007-19);
v) "front lot line" means in the case of an interior lot, the line dividing the lot from
the street. In the case of a corner lot, the shorter lot line abutting the street. In
the case of a through lot, only one if the lot lines abutting a street shall be
deemed to be the front lot line and the opposite lot line shall be the rear lot line;
vi) "front yard" means a yard extending across the full width of the lot between the
front lot line and the nearest part of any building or structure on the lot. In the
case of a lot which does not have a building or structure situated thereon, the
front yard shall mean that portion of the lot between the front lot line and the
minimum front yard setback as required by Zoning By-law No. 83-40, as
amended, or, Zoning By-law No. 10-77, as amended;
vii) "grade" means the average elevation of the natural or finished level of the
ground, whichever is lower, adjoining any part of the face of the fence length or
span;
viii) "height" means the distance to the top or upper projection of any part of a fence
measured from grade to such point anywhere along the length or span of such
fence;
ix) "Industrial Zone" means any land designated M1, M2, M3 M4 and M5 by Zoning
By-law No. 83-40, as amended, or M1 and M2 by Zoning By-law No, 10-77, as
amended;
x) "Institutional Zone" means any land designated I by Zoning By-law Nos. 83-40, as
amended or Zoning By-law No. 10-77, as amended;
xi) "interior lot" means any lot which has street access, other than a corner lot;
xii) "Parking Zone" means any land designated P by Zoning By-law No. 83-40, as
amended;
xiii) "rear yard" means a yard extending across the full width of the lot between the
rear lot line and the nearest point of any building or structure on the lot;
xiv)"Residential Zone" means any land located in an area designated R1, R2, R3, R4,
R5, R6, R7, R8, ER, RR and VR pursuant to Zoning By-law No. 83-40, as amended,
or R1, R2, R3, RM1 or RM2 by Zoning By-law No. 10-77, as amended;
xv) "side yard" means a yard extending from the front yard to the rear yard and
from the side lot line to the nearest part of any building of structure on the lot;
xvi)"sight triangle" means the triangular space formed by the street lines or a corner
lot and a line drawn from a point in one street line to a point in the other street
line or railway line, each such point being 9 metres from the point of intersection
of the street lines measured along the street lines. Where the two street lines do
not intersect at a point, the point of intersection of the street lines shall be
deemed to be the intersection of the projection of the street lines or the
intersection of the tangents to the street;
xvii)
"through lot" means a lot bounded on two opposite sides by a street;
3. Application of By-law
This By-law applies to land located in any Commercial Zone, Development Zone,
Industrial one, Institutional Zone, Parking Zone and Residential Zone.
4. Maximum Height of Fence - Residential Zone
Except as provided for in Sections 5 and 11 and as required by Section 7, no person shall
construct or cause to be constructed any fence on any land located in a Residential Zone
with a height of more than two (2) metres above grade in any side or rear yard or more
than one (1) metre above grade in any front yard.
5. Exception - Maximum Height of Fence, Residential Zone
(i) Subject to Section 7, Section 4 does not apply to prevent the construction of a
fence in a Residential Zone having a height of not more than 2.5 metres above
grade on that portion of the lot that meets, abuts or is contiguous with land that
is located in other than a Residential Zone. This exception shall not apply so as to
permit:
(a) the construction of a fence in any side or rear yard abutting any private
or public right-of-way having a height in excess of 2 metres above grade;
or,
(b) the construction of a fence in any front yard abutting any private or
public right-of-way having a height in excess of one 1 metre above grade.
(ii) Subject to Section 7, Section 4 does not apply to prevent the construction of a
fence in a Residential Zone for the purposes of enclosing a tennis court having a
height of not more than 3.2 metres above grade and located a minimum of 1.2
metres from any lot line, except a front lot line where such fence must be a
minimum of 2.5 metres from the front lot line, and provided such tennis court is
located in compliance with the provisions of the applicable Zoning By-law. (By-
law No. 2007- 19).
6. Maximum Height of Fence - Other Than a Residential Zone
Except as provided for in Section 11 and as required by Section 7, no person shall
construct or cause to be constructed any fence in any Commercial Zone, Development
Zone, Industrial Zone, Institutional Zone or Parking Zone with a height of more than two
and one- half (2.5) metres above grade.
7. Prohibition - Fence in Sight Triangle
No person shall construct or cause to be constructed any fence in a sight triangle.
8. Restriction - Materials of Construction, Residential Zone
No person shall construct or cause to be constructed any fence in any Residential Zone
comprised of solid panel members of metal, steel or concrete or similar materials.
9. Restriction - Barbed, Razor or Similar Material
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No person shall construct or cause to be constructed any fence having barbed, razor or
similar wire or material.
10. Maintenance of Fences
Every fence must be maintained in a good state of repair and be effectively at ninety
(90) degrees to the ground.
11. Exception - Sections 41 and 51 of The Planning Act
If an Agreement pursuant to Sections 41 or 51 of the Planning Act has been entered
into, the provisions of that Agreement respecting fencing shall prevail over the
provisions of this By-law.
12. Variances to Fence By-law
Notwithstanding the provisions of this By-law, the Committee of Adjustment may
authorize minor variances from the provisions of this By-law as, in its opinion, is
desirable for the appropriate development or use of the land and where the general
intent and purpose of the by-law is maintained (By-law No. 2008-05).
13. Enforcement
Every person who contravenes any provision of this By-law is guilty of an offence and
shall be liable to a penalty as provided in the Provincial Offences Act.
Read a first and second time, this 27th day of January, 2003.
Read a third time and passed this 27th day of January, 2003.
Ross Arthur, Mayor
Stephen Keast, Clerk