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Chapter 724
February 2003
Property Maintenance
Chapter 724 Fences - Vacant Commercial/Industrial
Property within BIA
Chapter Index
Article 1 - Short Title
724.1.1
Citation
Article 2 - Interpretation
724.2.1
Business Improvement Area - defined
724.2.2
Vacant land - defined
724.2.3
Screen fence - defined
Article 3 - General Provisions
724.3.1
Vacant land - fence - Business Improvement Area
724.3.2
Location - on property owner's property
724.3.3
Location - exception corner lots
724.3.4
Location - exception adjacent properties
724.3.5
Location - exception adjacent driveways
724.3.6
Property line - determination - owner's expense
724.3.7
Fence - unlawful on highway - removal owner expense
724.3.8
Height - requirements
724.3.9
Gate - self closing - self latching - requirements
724.3.10
Fence - requirements
724.3.11
Exemption
Article 4 - Enforcement
724.4.1
Fine - for contravention
724.4.2
In default - costs recovered through municipal taxes
Article 5 - Enactment
724.5.1
Effective date
Article 1 - Short Title
724.1.1
Citation
The short title of this Chapter is "The Fencing of Vacant
Commercial/Industrial Property within the Business Improvement Area
By-law."
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Chapter 724
December 5, 2002
Article 2 - Interpretation
724.2.1
Business Improvement Area - defined
"Business Improvement Area" means that area within the City of
Woodstock contained within the boundaries described as follows:
commencing at a point being the intersection of the centre lines of Oxford
Street and Hunter Street;
thence easterly along the centre line of Hunter Street to the centre line of
Princess Street;
thence easterly along the centre line of Princess Street to the centre line of
Beale Street;
thence southerly along the centre line of Beale Street to the centre line of Bay
Street;
thence southerly along the centre line of Bay Street to the centre line of
Main Street;
thence westerly along the centre line of Main Street to the centre line of Mill
Street;
thence northerly along the centre line of Mill Street to the centre line of
Oxford Street;
thence northerly along the centre line of Oxford Street to the place of
beginning.
724.2.2
Vacant land - defined
"vacant land" means a parcel of land separately assessed that has no
significant structure thereon.
724.2.3
Screen fence - defined
"screen fence" means a fixed barrier which conceals vacant land from
public view and access constructed on or in proximity to the property line.
Article 3 - General Provisions
724.3.1
Vacant land - fence - Business Improvement Area
Every owner of vacant land zoned commercial and/or industrial purposes
within the area designated as the Business Improvement Area shall erect
a screen fence as described herein along all property lines of the vacant
land abutting public land, roads and lanes to conceal the vacant land from
public view and restrict access to the vacant land.
724.3.2
Location - on property owner's property
All screen fences shall be constructed so as to be immediately behind the
property line and entirely located on the property of the owner of the
vacant land.
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Chapter 724
February 2003
724.3.3
Location - exception corner lots
Notwithstanding Section 724.3.2, a screen fence shall be constructed so as
to be on or immediately abutting the hypotenuse of the triangular space
formed by the intersection of street lines for a distance of 9 metres (30
feet) each way from the point of intersection.
724.3.4
Location - exception adjacent properties
Notwithstanding Section 724.3.2, a screen fence shall be constructed so as
to be on or immediately abutting a line constituting the average of the
setback distances of the main buildings on the adjacent two lots.
724.3.5
Location - exception adjacent driveways
Notwithstanding Section 724.3.4, a screen fence shall be setback a distance
of 6 metres (20 feet) from the street line when a driveway on an adjacent
property is within 9 metres (30 feet) of the common property line.
724.3.6
Property line - determination - owner's expense
Every person, before fencing on his or her property along any highway or
public place shall ascertain at his or her expense the correct line of the
highway adjacent to and bounding such property from a legally qualified
Provincial Land Survey and such person shall file in the City Engineer's
office plans and data of the said lines when required to do so by the City
Engineer or designate.
724.3.7
Fence - unlawful on highway - removal owner expense
Any screen fence placed unlawfully upon or over a highway, either wholly
or partly, shall be removed and the road restored to its former condition
all at the expense of the owner of the vacant land in connection with which
such fence exists.
724.3.8
Height - requirements
Every screen fence, including gates, shall extend from the ground to a
height of not less than 1.8 metres (6 feet) as measured at the outside of
the enclosure.
724.3.9
Gate - self closing - self latching - requirements
Every gate in a screen fence shall be equipped with a self closing device,
latch and locking mechanism at the top and on the inside of the gate.
724.3.10
Fence - requirements
Screen fences shall comply with the following requirements:
a)
screen fences shall be constructed so as not to allow light to pass
through any portion of its height;
b)
the top, bottom and intermediate rails of a screen fence shall be
covered such that the rails have an equal or lesser exposure on
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Chapter 724
December 5, 2002
the side visible from the public land, road or lane;
c)
screen fences shall be constructed of weather proof materials;
d)
screen fences constructed of plywood shall be painted;
e)
screen fences shall not deflect or move more than 25 millimetres
(10 inches) when subjected to a lateral force by a person; and
f)
screen fences shall be kept free of graffiti and advertisement.
724.3.11
Exemption
Vacant land which is:
a)
topsoiled, seeded with grass and maintained in a well kept
manner; or
b)
a legal parking lot, shall be exempt from the provisions of this
Chapter.
Article 4 - Enforcement
724.4.1
Fine - for contravention
Every person who contravenes any of the provisions of this Chapter is
guilty of an offence and shall, upon conviction, forfeit and pay a penalty of
not more than $5000, exclusive of costs and every such fine is recoverable
under the Provincial Offences Act.
724.4.2
In default - costs recovered through municipal taxes
Pursuant to the provisions of section 326 of the Municipal Act, R.S.O. 1990,
c. M.45 the Council may direct that, in default of an owner erecting a screen
fence to properly enclose vacant land in compliance with this Chapter, the
City may undertake to have the fence erected and recover the expense
incurred in the same manner as taxes.
Article 5 - Enactment
724.5.1
Effective date
This Chapter shall become effective as of the third and final reading of the
enabling by-law. By-law 7861-02, December 5, 2002.