HomeMy WebLinkAboutBy-law 794/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 794/78
Being a By-Law to amend By-Law 425/76
respecting residential fences and swimming
pool enclosures in the Town of Pickering.
WHEREAS By-Law 425/76 respecting residential fences and swimming
pool enclosures in the Town of Pickering was enacted by the Council
of the Corporation of the Town of Pickering on July 5th, 1976;
AND WHEREAS By-Law 425/76 was amended by the provisions of By-
Law 544/77, enacted by the Council on January 11th, 1977;
AND WHEREAS it is now deemed desirable to further amend By-Law
425/76;
NOW THEREFORE the Council of the Corporation of the Town of
Pickering HEREBY ENACTS AS FOLLOWS:
1. Clause (f) of Section 1 of By-Law 425/76 as replaced by
Section 1 of By-Law 544/77 is hereby repealed and the
following substituted therefor:
(f) (i) "height" shall mean the perpendicular
distance from the level of land on
which a fence or enclosure is erected,
growing or maintained to the top of
such fence or enclosure;
(ii) for the purposes of calculating height
as defined in subclause (i), above,
A. where the land levels are not
the same on both sides of the
fence or enclosure the "level
of land" shall be deemed to be
the lower of such levels, and
B. where the fence or enclosure
is erected, growing or main-
tained on a retaining wall or
within one foot (30 centimetres)
thereof measured horizontally,
the "level of land" shall be
deemed to be along a line drawn
horizontally along the top of
the retaining wall.
2. Section 3 of the said By-Law is hereby revoked.
3. Section 10 of the said By-Law is hereby revoked and the
following substituted therefor:
10. (1) Any person, being the occupier or
owner of land in the Town of Pick-
ering, may apply to the By-Law
Enforcement Officer of the Town
for permission to exceed the fence
height limit set out in subsection
(a) of Section 4, and if the Officer
is satisfied, in his opinion, that
- 2 -
the proposed height is reason-
able and does not contravene the
purpose and intent of the provi-
sions of this By-Law, then the
Officer may grant such permission,
in whole or in part, conditionally
or unconditionally, as he deems
advisable.
(2) The By-Law Enforcement officer
shall render his decision with
respect to any application made
pursuant to the provisions of
subsection (1) within 14 days
of his receipt of the applica-
tion and shall forward written
notice of the decision to the
applicant by prepaid ordinary
mail, together with notice of
the applicant's right to appeal
the Officer's decision to the
Council of the Town pursuant
to subsection (3) hereof.
(3) Any person who has made an appli-
cation pursuant to the provisions
of subsection (1) and who has
received notice of the decision
of the By-Law Enforcement Officer
pursuant to the provisions of
subsection (2) shall have the
right to appeal to the Council
of the Town from the decision of
the Officer.
(4) An appeal to the Council of the
Town pursuant to the provisions
of subsection (3) shall be in
writing, addressed to the Town
Clerk, and received by him no
later than 21 days after the
date of the Officer's decision
as indicated on the notice of
decision.
4. The revocation, in Section 2 hereof, of Section 3 of the
said By-Law shall not be deemed in any circumstances to
grant or to imply the granting of any permission or licence
by the Town for the placement or maintenance of a fence,
either permanently or temporarily on any public property.
BY-LAW read a first, second and third time and finally passed this
17th day of April , 1978.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 794/78
Being a By-Law to amend By-Law 425/76
respecting residential fences and swimming
pool enclosures in the Town of Pickering.
WHEREAS By-Law 425/76 respecting residential fences and swimming
pool enclosures in the Town of Pickering was enacted by the Council
of the Corporation of the Town of Pickering on July 5th, 1976;
AND WHEREAS By-Law 425/76 was amended by the provisions of By-
Law 544/77, enacted by the Council on January 11th, 1977;
AND WHEREAS it is now deemed desirable to further amend By-Law
425/76;
NOW THEREFORE the Council of the Corporation of the Town of
Pickering HEREBY ENACTS AS FOLLOWS:
1. Clause (f) of Section 1 of By-Law 425/76 as replaced by
Section 1 of By-Law 544/77 is hereby repealed and the
following substituted therefor:
(f) (i) "height" shall mean the perpendicular
distance from the level of land on
which a fence or enclosure is erected,
growing or maintained to the top of
such fence or enclosure;
(ii) for the purposes of calculating height
as defined in subclause (i), above,
A. where the land levels are not
the same on both sides of the
fence or enclosure the "level
of land" shall be deemed to be
the lower of such levels, and
B. where the fence or enclosure
is erected, growing or main-
tained on a retaining wall or
within one foot (30 centimetres)
thereof measured horizontally,
the "level of land" shall be
deemed to be along a line drawn
horizontally along the top of
the retaining wall.
2. Section 3 of the said By-Law is hereby"revoked.
3. Section 10 of the said By-Law is hereby revoked and the
following substituted therefore
10. (1) Any person, being the occupier or
owner of land in the Town of Pick-
ering, may apply to the By-Law
Enforcement Officer of the Town
for permission to exceed the fence
height limit set out in subsection
(a) of Section 4, and if the Officer
is satisfied, in his opinion, that
-2-
the proposed height is reason-
able and does not contravene the
purpose and intent of the provi-
sions of this By-Law, then the
officer may grant such permission,
in whole or in part, conditionally
or unconditionally, as he deems
advisable.
(2) The By-Law Enforcement Officer
shall render his decision with
respect to any application made
pursuant to the provisions of
subsection (1) within 14 days
of his receipt of the applica-
tion and shall forward written
notice of the decision to the
applicant by prepaid ordinary
mail, together with notice of
the applicant's right to appeal
the officer's decision to the
Council of the Town pursuant
to subsection (3) hereof.
(3) Any person who has made an appli-
cation pursuant to the provisions
of subsection (1) and who has
received notice of the decision
of the By-Law Enforcement Officer
pursuant to the provisions of
subsection (2) shall have the
right to appeal to the Council
of the Town from the decision of
the officer.
(4) An appeal to the Council of the
Town pursuant to the provisions
of subsection (3) shall be in
writing, addressed to the Town
Clerk, and received by him no
later than 21 days after the
date of the officer's decision
as indicated on the notice of
decision.
The revocation, in Section 2 hereof, of Section 3 of the
said By-Law shall not be deemed in any circumstances to
grant or to imply the granting of any permission or licence
by the Town for the placement or maintenance of a fence,
either permanently or temporarily on any public property.
BY-LAW read a first, second and third time and finally passed this
17th day of April 1978.