Fence By-law
By-law number: 2015-131
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Being a By-Law to Regulate the Height and Description of Lawful Fences within Norfolk County.
On this page
- Short title
- Definitions
- General requirements
- Fences in residential zones
- Fences in agricultural zones
- Fences in commercial, industrial and institutional zones
- Privacy screens
- Exemptions and transition
- Minor exceptions
- Administration and enforcement
- Severability and Interpretation
- Precedence over existing by-laws regulating fences
- Repeals and effective date
1. Short title
1.1 This By-Law shall be known as the “Norfolk County Fence By-Law”.
2. Definitions
2.1 In this By-Law:
AGRICULTURAL ZONE shall mean an Agricultural Zone as designated in the Zoning By-law.
BUILDING shall mean any permanent structure used or intended to be used for the shelter, accommodation or enclosure of persons, animals or goods, but does not include a lawful boundary wall or fence.
CHIEF BUILDING OFFICIAL shall mean a chief building official appointed by Council pursuant to the Building Code Act, 1992 S.O. 1992, Chapter 23 as amended.
COMMERCIAL ZONE shall mean a Commercial Zone as designated in the Zoning By-law. COUNCIL shall mean the Council of The Corporation of Norfolk County.
COUNTY shall mean the Corporation of Norfolk County
ERECT shall mean to install, construct, reconstruct, alter, relocate or maintain, or cause to be installed, constructed, reconstructed, altered, relocated or maintained.
FENCE shall mean a wall, or barrier erected at grade for the purpose of delineating the boundaries of a property, restricting ingress or egress of a property or part thereof, or to enclose an outdoor area but excludes a building, privacy screen or hedge.
FENCE-VIEWER shall mean a fence-viewer appointed by Council pursuant to the Lines Fences Act, R.S.O. 1990, c. L.17 as amended.
GRADE shall mean the average elevation of the finished surface of the ground immediately adjacent to and surrounding the fence or privacy screen.
HEDGE shall mean a continuous line of shrubs, coniferous or deciduous trees or other similar organic barrier which causes a visual obstruction.
HEIGHT shall mean the vertical distance above the grade or top of a deck or platform, measured from the base of the fence on the highest side, to the highest point of the fence exclusive of the posts.
HIGHWAY shall mean a common and public road, street, avenue, lane, parkway, square, place, bridge, viaduct or trestle any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral lot line thereof.
INDUSTRIAL ZONE shall mean an Industrial Zone as designated in the Zoning By-law. INSTITUTIONAL
ZONE shall mean an Institutional Zone as designated in the Zoning By-law.
LIVESTOCK shall mean and include bovine, swine, poultry, horses, goats, sheep, ratites, fur bearing animals, deer, elk, game animals, birds and other animals identified as in the Ontario Ministry of Agriculture, Food, and Rural Affairs, Minimum Distance Separation (MDS) Formulae Implementation Guideline Factor Tables (Table 1 ) as amended..
LOT shall mean a parcel of land which can be legally conveyed.
LOT LINE shall mean any boundary of a lot and the vertical projection thereof.
MUNCIPAL LAW ENFORCEMENT OFFICER shall mean an officer or employee of the County appointed by Council for the purpose of enforcing County Bylaws and includes Police.
OWNER shall mean any person who owns the lands, and includes any authorized agent, manager, lessee or occupier of the lands upon which a fence is located and may be an individual, corporation, sole proprietorship or partnership.
PERSON shall mean an individual, firm, corporation, association or partnership.
PRIVACY SCREEN shall mean a visual barrier used to shield any part of a yard from view from any adjacent property or highway and excludes a fence.
PROPERTY shall mean a separately assessed property shown of the Municipality’s Assessment Roll.
RESIDENTIAL PROPERTY shall mean a property not greater than 1 hectare in lot area, on which the primary use is residential regardless of the Zone in which the property lies.
RESIDENTIAL ZONE shall mean a Residential Zone as designated in the Zoning By-law. VISIBILITY
TRIANGLE shall mean a triangular area formed within a lot by:
a) Intersecting property lines abutting a highway and a straight line connecting them 9.0 m from their point of intersection
b) the intersection of a property lines abutting a highway and any portion of a driveway within
5.0 m of a lot line and a straight line connecting them 5.0 m from their point of intersection; or
c) the intersection of an alley and a highway, or two alleys and a straight line connecting them 5.0 m from their point of intersection.
YARD, EXTERIOR SIDE shall mean a yard abutting a highway, and extending from the front yard to the rear lot line and from the exterior side lot line to the nearest part of the main building on the lot.
YARD, FRONT shall mean a yard extending across the full width of the lot between the front lot line of the lot and the nearest part of the main building on the lot.
YARD, INTERIOR SIDE shall mean a yard extending from the front yard to the rear yard and from the interior side lot line to the nearest part of the main building on the lot.
YARD, REAR shall mean a yard extending across the width of the lot, exclusive of any exterior side yard, between the rear lot line and the nearest part of the main building on the lot. If a lot has only three (3) lot lines and there is no rear lot line, the rear yard shall be the area extending across the full width of the lot, between the apex formed by the side lot line and the nearest part of the main building on the lot.
ZONE shall mean an area delineated on the Map Schedules of the Zoning By-Law and effect and designated for a specific use or specific uses.
ZONING BY-LAW shall mean any by-law administered by the County 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. General requirements
3.1 The provisions of this section shall apply to all fences within Norfolk County.
3.2 No person shall erect a fence or privacy screen unless it is:
a) constructed of materials specifically designed or commonly used for fencing purposes;
b) uniform in colour and pattern;
c) is in good repair, including being vertical, stable and structurally sound; and
d) is free of projecting fasteners and similar hazards.
3.3 No person shall erect a fence on property owned by the County without having the authority in writing to do so.
3.4 No person shall erect a fence in a visibility triangle with a height exceeding 1.0 m.
3.5 Every owner shall keep fences located on their property in good repair.
3.6 Except as permitted in Sections 5 and 6, no person shall erect a fence which contains barbed wire.
3.7 No person shall erect a fence which contains razor wire.
3.8 Except as permitted in Section 5, no person shall erect a fence equipped with a device for transmitting an electrical current on or through the fence.
3.9 No fence shall be located or erected so as to block access to parking spaces required by the Zoning By-Law unless such fence is erected with a gate at least 3.0 m wide giving access to the parking space.
3.10 A fence enclosing a swimming pool shall conform to the Norfolk County By-law regulating swimming pool enclosures currently in effect.
3.11 A fence enclosing a licenced salvage yard shall conform to the By-Law regulating salvage yards currently in effect.
4. Fences in residential zones
4.1 In addition to the requirements contained in Section 3, the following shall apply to
fences in a Residential Zone.
4.2 A fence shall have a maximum height of:
a) 1.0 m within a front yard.
b) 2.0 m within an interior side yard.
c) 2.0 m within a rear yard.
4.3 A fence erected within an exterior side yard and a fence erected adjacent to a highway other than within a front yard shall have a maximum height of:
a) 2.0 m when the fence is located 6.0 m or more from the lot line.
b) 1.2 m when the fence is located 3.0 m or more from the lot line.
c) 1.0 m when the fence is located less than 3.0 m from the lot line.
4.4 For the purpose of this By-Law, adjacent to a highway shall include any interior side yard
within 6.0 m of a highway.
5. Fences in agricultural zones
5.1 A fence serving a residential property in an Agricultural Zone shall comply with Section 4
5.2 A fence equipped with a device for transmitting an electrical current on or through the
fence may be erected, provided:
a) the fence is erected on lands located in an Agricultural Zone and is actively being used for the purpose of confining livestock, and
b) the fence is not located adjacent to a residential property; and
c) permanent signs are erected at 10 m intervals identifying the presence of electrical current when the fence is erected on or adjacent to a property line; and
d) shall meet all applicable safety standards.
5.3 A fence containing barbed wire may be erected provided the fence is not located adjacent to a residential property.
5.4 Every owner of a property where livestock is being kept shall prevent the livestock from leaving the property by constructing a fence.
5.5 Every owner shall keep a fence intended to contain livestock in good repair.
6. Fences in commercial, industrial and institutional zones
6.1 In addition to the requirements contained in Section 3, the following shall apply to a
fence in a Commercial, Industrial or Institutional Zone.
6.2 A fence serving a residential property in a Commercial, Industrial or Institutional Zone
shall comply with Section 4.
6.3 No person shall erect a fence which contains barbed wire unless the barbed wire:
a) is located on the top of a fence not less than 2.5 m or more in height;
b) projects inwards to the area enclosed by the fence; and
7. Privacy screens
7.1 No person shall erect a privacy screen in any Residential Zone except as provided in Subsection 7.2.
7.2 Privacy Screens shall:
a) not be erected in a front yard;
b) not be erected less than 6.0 m to any lot line abutting a highway;
c) not be erected less than 1.0 m to a rear lot line;
d) not be erected less than 1.0 m to a lot line within an interior side yard except where the privacy screen is located so as to provide a visual barrier between dwelling units divided by a common wall in which case the screen may be erected closer to the common lot line;
e) not be more than 15.0 m in total aggregate length with no single length longer than
5.0 m and a minimum distance of 1.5 m between single lengths;
a) not be erected more than 3.0 m in height above grade; and
b) not be erected more than 2.0 m in height if constructed on a deck or elevated platform.
7.3 For the purpose of this By-Law, adjacent to a highway shall include any interior side yard
within 6.0 m of a highway.
8. Exemptions and transition
8.1 This By-law shall not apply to:
a) a fence erected by the County, or other Provincial or Federal governments;
b) a fence in existence prior to the date of the enactment of the this By-law and is in compliance with other applicable regulations including Norfolk County By-Laws, shall be deemed to comply with this By-Law and may be maintained by the same material height and dimensions as previously existed including any repair work that may be done to the fence;
c) a fence which is erected as required in a registered agreement or agreements entered into with the County pursuant to Section 41 or 51 of the Planning Act
R.S.O. 1990, c. P.13, as amended, or any plans approved by the County in accordance with those sections; or
d) a fence or hoarding on construction projects as required by Occupational Health and Safety Act R.S.O.1990 c.0.1, as amended.
9. Minor exceptions
9.1 A minor exception may be authorized by the Chief Building Official, if in the Chief Building Officials’ opinion the fence is not causing visual obstructions to persons or vehicles while entering or exiting a driveway or travelling along a highway or a sidewalk.
9.2 Any request for a minor exception must be made by completing and submitting:
a) a form prescribed by the Chief Building Official;
b) applicable drawings, plans specifications for the proposed fence; and
c) the applicable fees as set out in the User Fees By-law.
9.3 In considering an application for minor exemption, the Chief Building Official shall have regard for:
a) whether there are any special circumstances or conditions applying to the property
or buildings on or surrounding the property;
b) whether such circumstances or conditions are pre-existing; and
c) whether the fence that is subject to the minor exception will cause any safety hazards.
9.4 The Chief Building Official shall inform the applicant, in writing of the decision within a reasonable time and shall keep a record with respect to the justification for any exception approval or denial.
9.5 The decision of the Chief Building Official shall be final.
10. Administration and enforcement
10.1 This By-law shall be administered and enforced by the Municipal Law Enforcement Officer.
10.2 A Municipal Law Enforcement Officer may enter upon any lands at any reasonable time to inspect any fence for the purpose of determining or effecting compliance with this By- law.
10.3 Where a fence has been erected or otherwise in contravention of any provisions of this By-law, the Municipal Law Enforcement Officer may:
a) notify or issue an order to the owner to repair, remove, or bring the fence into compliance with the provisions of this By-Law; or
b) remove or cause to have removed the fence and charge the owner a fee in accordance with the User Fee By-Law of the County.
10.4 An order issued under this By-law may be served by registered mail or personal service.
10.5 If the owner fails to complete the work set forth in an order issued pursuant to Section 10.3 on or before any date specified therein, the Municipal Law Enforcement Officer or their agents may enter upon the property at any reasonable time for the purposes of completion of the works required by the order.
10.6 A fence erected on property owned by the County or property managed by a public utility or local board without consent of the County, public utility or local board, may be removed and disposed of by the County without prior notice at the expense of the owner of the fence.
10.7 Any costs incurred by the County under this By-law may be recovered in like manner and with the same priority as municipal taxes.
10.8 No person shall obstruct a Municipal Law Enforcement Officer or any agent of the
County while they are carrying out their duties under this By-law.
10.9 Every person who contravenes the provisions of this By-law is guilty of an offence and, upon conviction, is subject 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 as amended; and to any other applicable penalties.
10.10 Any decision awarded by a Fence-Viewer shall be deemed to comply with the provisions of this By-law with respect to the erection or location of a fence.
11. Severability and interpretation
11.1 It is hereby declared that each and every part of the foregoing provisions of this By-law are severable. If any provision of this By-law should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every one of the then remaining provisions herein shall remain in full force and effect.
11.2 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.
12. Precedence over existing by-laws regulating fences
12.1 In the event of a conflict between this By-law and the provisions of another By-law regulating fences, the most restrictive provisions shall prevail.
13. Repeals and effective date
13.1 The following By-Law is hereby repealed: Township of Delhi By-Law 614-83
13.2 That the effective date of this By-Law shall be the date of passage thereof.
Enacted and passed this 24th day of November, 2015.
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