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Village of Westport Fence By-law 2020-13, Page 1 of 8
THE CORPORATION OF THE VILLAGE OF WESTPORT
BY-LAW No. 2020-16
BEING A BY-LAW TO PROVIDE UNIFORM STANDARDS FOR THE CONSTRUCTION OF
FENCES WITHIN THE VILLAGE OF WESTPORT
WHEREAS Section 11(3)7 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, provides
that a municipality may pass by-laws respecting structures, including fences and signs;
AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25 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 this or any other Act;
AND WHEREAS Section 8 of the Municipal Act, 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 Sections 425 (1) of the Municipal Act authorizes a municipality to pass by laws
providing that a person who contravenes a by-law passed under this act is guilty of an offence;
AND WHEREAS the Council of the Corporation of the Village of Westport deems it necessary
to regulate the building and maintenance of fence structures within the Village of Westport;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF
WESTPORT HEREBY ENACTS AS FOLLOWS:
1.0
SHORT TITLE
This By-law may be cited as the "Fence By-law".
2.0
DEFINITIONS
"building" means a structure occupying an area consisting of a wall, roof and floor or
any of them or a structural system serving the function thereof.
"Chief Building Official" shall mean the Chief Building Official as appointed, on behalf
of the Village of Westport, and his or her designate.
"corner lot" means a lot situated at the intersection of two or more streets provided that
the angle of intersection of such streets is not more than 135 degrees.
"driveway" means that portion of a lot exclusively used for the parking of motor vehicles
and includes, without limiting the foregoing, the entrances, the parking and queuing
aisles, the parking spaces, delivery and loading spaces, but shall not include any part of
a street, highway or private road.
"driveway visibility triangle" means a triangular area formed by the intersection of the
lateral limit of the travelled portion of a driveway and the street, lane or sidewalk,
whichever is closest to the lateral limit of the driveway, or the projections thereof, and a
straight line connecting them 3.0 metres (9.8 feet) from their point of intersection along a
rear, side or exterior lot line.
"erect" means to build, construct, reconstruct, alter or relocate.
Village of Westport Fence By-law 2020-13, Page 2 of 8
"exterior side yard" means the yard of a lot located between a front yard and a rear
yard commencing at an exterior side lot line and extending to the building and is
adjacent to a street.
"fence'' means a barrier erected or grown dividing two or more lot lines, which marks or
substantially marks the boundary of a property and includes any hedge or grouping of
shrubs used for the same purpose.
"fence-viewer" means a fence-viewer appointed by the Council of the Corporation of
the Village of Westport pursuant to the Line Fences Act, R.S.O. 1990, c. L. 17.
"front yard" means a yard extending across the full width of the lot between the front lot
line and the nearest wall of the building on the lot, or a distance of 4.5 metres (14.8 feet)
from the front lot line toward the main building on the lot, whichever is the greater
distance.
"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.
"hedge" means a fence formed by a row of closely planted shrubs or bushes.
"height" means the distance measured from the effective ground level where the fence
posts are embedded to the top of the said fence or posts, provided that where a fence is
located on top of a retaining wall, "height" means the vertical distance measured
between the top of the retaining wall and the highest point of the fence or posts.
"legal non-conforming" means a fence that is not recognized in this By-law but which
lawfully existed on the day the previous Fence By-law was passed (March 29, 1993).
"lot line" means the line marking the legal boundary of a lot.
"Officer" means a Municipal Law Enforcement Officer appointed by the VILLAGE as a
Municipal Law Enforcement Officer pursuant to S. 15 of the Police Services Act, R.S.O.
1990, c. P. 15, as amended, or an Ontario Provincial Police Officer.
"Owner" means the registered owner of a property, a lessee, tenant, mortgage in
possession, or person otherwise in charge of any property, acting as the authorized
agent of the owner.
"Person" means an individual, firm, corporation, association or partnership.
"pool" means a privately owned outdoor swimming pool which includes any body of
water or pool located outdoors on privately owned property contained in part or in whole
by artificial means and used or intended for swimming, diving or bathing, but does not
include:
i.
a pond used for decorative, landscape, agriculture or storm water
management purposes; and
ii.
a body of water or pool that is less than 0.4m (18 in.) in height or depth,
or a combination thereof.
"rear yard" means a yard extending across the full width of a lot between the rear lot
line and the nearest wall of any main building or structure on the lot.
Village of Westport Fence By-law 2020-13, Page 3 of 8
"setback" means the distance between the lot line and the nearest main wall of any
building and extending the full width or length of the lot.
"side yard" 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 any building or structure on the lot.
"sight triangle" means a triangular area formed within a corner lot by the intersecting
lot lines abutting the streets or the projections thereof and a straight line connecting
them of no less than 6.0 metres (19.69 feet) from their point of intersection.
"Village" means the Corporation of the Village of Westport.
"Zoning By-law" means any by-law administered by the Village passed pursuant to
section 34 of the Planning Act, R.S.O. 1990, c.P.13, or a predecessor or successor
thereof, as may be amended from time to time.
3.0 GENERAL PROVISIONS
3.1 The provisions of this by-law apply to all lands within the Village of Westport.
3.2 All fences shall be maintained in a good state of repair and in a safe condition.
4.0 RESIDENTIAL FENCE
4.1 No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained a fence on a lot used for residential purposes except
in accordance with the following regulations:
a) A fence erected within a rear or side yard shall not exceed a height of 2.13
metres (7 feet).
b) A fence erected within a driveway visibility triangle shall not exceed a height
of:
i) 2.13 metres (7 feet) when the fence is located along the inner boundary of
the driveway visibility triangle; or
ii) 1.0 metres (3.3 feet) when the fence is located along the outer boundaries
of the driveway visibility triangle.
c) A fence erected within a front yard or exterior side yard shall not exceed a
height of 1.0 metres (3.3 feet).
d) A fence erected along a front yard or exterior side yard adjacent to a street
shall be set back from the lot line a minimum of 1.0 metres (3.3 feet)
5.0 NON-RESIDENTIAL FENCE
5.1 Notwithstanding any other provision herein, a person may have, erect, construct,
maintain or permit to be erected, constructed or maintained a fence to enclose
land used as a salvage yard, or for commercial or industrial purposes as defined
in the Zoning By-law provided that such fence:
a) Does not exceed a height of 3.0 metres (9.8 feet) in any side yard or rear
yard;
b) b) maintain a minimum setback of 7.6 metres (25 feet) from the front lot line
not exceeding a height of 1.0 metres (3.3 feet).
6.0 POOLS
Village of Westport Fence By-law 2020-13, Page 4 of 8
6.1 Fences around pools shall comply with the Village's Pool By-law. In the case of
any conflict, the more restrictive requirements shall apply.
7.0 RESTRICTED FENCING MATERIALS
7.1 No person shall have, erect, construct, maintain, or permit to be erected,
constructed or maintained any fence comprised of sheet metal or corrugated
metal or any material of a nature which could be injurious to the public in the
construction or use of a fence.
7.2 Barbed Wire
7.2.1 No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any barbed wire fence, except that barbed wire
is permitted:
a) on a fence erected on land used for agricultural purposes for the
keeping of livestock;
b) on the top of a fence erected on a lot used for commercial or industrial
uses provided that it projects inwards to the area enclosed by the fence;
or
c) on the top of a fence erected for security reasons around any facility
owned, operated or maintained by any level of government or a utility
provider.
7.3 Electric Fences
7.3.1 No person shall have, erect, construct, maintain or permit to be erected,
constructed or maintained any fence equipped with a device for
transmitting an electric current thereon or there through, except on
agricultural land used for the purpose of keeping livestock provided that
the maximum electrical current does not exceed 120 volts at .04 amps and
complies with all other applicable legislation, or approved invisible fencing
running under the ground used for the purpose to contain household pets.
7.4 Non-Metallic Materials
All non-metallic materials used in the erection of a fence shall be of
durable and rigid fence building substances (in accordance with this by-
law) that shall withstand damage caused by wind, rain and sun.
8.0 LEGAL NON-CONFORMING FENCE
8.1.1 Restoration to a Safe Condition
Nothing in this By-law shall prevent the alteration, strengthening, or
restoration of any legal non-conforming fence to a safe condition provided
that:
a) major alterations, including the length or height of the fence, repairs or
replacement of any portion of the fence is not required.
8.1.2 Reconstruction of Damaged Fence
Nothing in this By-law shall prevent the reconstruction of any legal non-
conforming fence damaged by forces beyond the control of the owner
provided that: b) the fence shall only be reconstructed to the extent of its
pre-damaged state; and c) the fence shall only be reconstructed to the
extent of its pre-damaged dimensions and height.
9.0 EXEMPTIONS
Village of Westport Fence By-law 2020-13, Page 5 of 8
9.1 Agreements
9.1.1 Notwithstanding any other provision herein, a fence which is
constructed as required in a registered agreement or agreements
entered into with The Corporation of the Village of Westport pursuant
to Sections 41 or 51 of the Planning Act, as amended, or any plans
approved by the Village in accordance with those sections shall be
deemed not to contravene the provisions of this by-law.
9.2 Vegetation
9.2.1 Large hedges or a line of trees acting as a barrier or fence within a
side yard or rear yard that do not cause any visual obstruction to
persons or vehicles while entering or exiting a driveway or travelling
along a street, lane or sidewalk shall be exempt from the provisions of
this by-law.
9.3 Acoustic / Noise Fence
9.3.1 Acoustic and noise fencing is exempt from the provisions of this by-
law, as long as the fence is not causing a visual obstruction to
persons or vehicles while entering or exiting a driveway or travelling
along a street, lane or sidewalk.
10.0
FENCE VARIANCE
10.1 A variance may be authorized by the Chief Building Official, if in the Chief
Building Official's opinion, the fence is not causing a visual obstruction to
persons or vehicles while entering or exiting a driveway or travelling along a
street, lane or sidewalk.
10.2
Any application to vary from this By-law shall be made by completing and
submitting:
a. the application form prescribed by the Chief Building Official;
b. the applicable drawings, plans or specifications for the proposed fence;
and
c. the applicable application fee as set out in the Fees and Service Charges
By law.
10.3
In considering the 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 or surrounding the 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, lane or sidewalk.
10.4 The Chief Building Official shall keep a record with respect to the justification
for any variance approval or denial. The Chief Building Official's decision shall
be final.
11.0
LINE FENCES ACT
11.1 Any awards provided by fence-viewers shall comply with the provisions of this
by-law with respect to the construction, reconstruction or repair and location of
a fence.
Village of Westport Fence By-law 2020-13, Page 6 of 8
12.0
ENFORCEMENT
12.1 The provisions of this By-law shall be enforced by a Municipal Law
Enforcement Officer or a Police Officer.
13.0
PENALTY
13.1 Every person who contravenes any of the provisions of this by-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Municipal Act, 2001, S.O. 2001 c. 25, as amended and/or the Provincial
Offences Act, R.S.O. 1990, c.P.33.
14.0 VALIDITY, SEVERABILITY AND INTERPRETATION
14.1 Should a court of competent jurisdiction declare a part or whole of any
provision of this By-law to be invalid or of no force and effect, the provision or
part is deemed severable from this By-law, and it is the intention of Council that
the remainder survive and be applied and enforced in accordance with its
terms to the extent possible under law.
14.2 Whenever any reference is made in this By-law to a statute or regulation of the
Province of Ontario, such reference shall be deemed to include all subsequent
amendments to such statute or regulation and all successor legislation to such
legislation.
14.3 Words importing the singular number shall include the plural, and words
importing the masculine gender shall include the feminine, and the converse of
the foregoing also applies, unless the context of the By-law otherwise requires.
15.0 EXISTING BY-LAW REPEAL
15.1 That all previous By-laws, Resolutions, Motions or Actions of Council
that are in contravention of this By-law are hereby repealed
16.0
ENACTMENT
16.1 THAT this by-law shall come into full force and effect on the date of final
passage hereof at which time all by-laws that are inconsistent with the
provisions of this by law and the same are hereby amended insofar as it is
necessary to give effect to the provisions of this by-law.
ENACTED AND PASSED this 7th day of April 2020.
________________________________
MAYOR
_______________________________
CLERK
Village of Westport Fence By-law 2020-13, Page 7 of 8
SCHEDULE A TO BY-LAW NO. 2020- ___
FENCES-RESIDENTIAL LOTS
Village of Westport Fence By-law 2020-13, Page 8 of 8