HomeMy WebLinkAboutBy-law 6943/09
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6943/09
A by-law to regulate fences and swimming poolenclosures
WHEREAS paragraph 7 of subsection 11(3) of the Municipal Act, 2001 provides
that a municipality may pass by-laws respecting structures including fences; and
WHEREAS the City of Pickering deems it necessary to prescribe limitations on
fence height and materials, as well as require the erection of swimming pool
enclosures that meet minimum safety standards;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOLLOWS:
PART I INTERPRETATION
Definitions
1. In this by-law,
(a) "City" means the geographical area of the City of Pickering or the
Corporation of the City of Pickering, as the context requires;
(b) "Council" means the Council of the Corporation of the City of
Pickering;
(c) "erect" includes alter, construct, place, locate, install, relocate and
maintain, and cause or permit to be altered, constructed, placed,
located,' installed, relocated or maintained;
(d) "fence" means any structure constructed of posts, boards, rails,
wire, masonry or other similar materials or any combination thereof
used to define a property boundary or to enclose, any outdoor area,
but does not include hedges, shrubs, trees or privacy screens;
(e) "front wall" means the main fagade of a building or structure;
(f) "height as. it relates to a fence or privacy screen, means the
vertical distance from the ground to the highest point of the fence or
privacy screen, except in the case of a fence located on top of a
retaining wall, where "height" means the vertical distance between
the top of the retaining wall and the highest point of the fence.
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(g) "main building" means the structure used for the principal purpose
of the property, and includes an attached garage;
(h) "owner" means the person or persons identified in the most recent
tax rolls as the owner of a property;
(i) "person" includes a corporation and the heirs, executors,
administrators or other legal representatives of a person to whom
the context can apply according to law;
(j) "privacy screen" means a visual barrier used to shield any part of a
yard from view from any adjacent property or from a highway;
(k) "property" includes any grounds, yard, lot, vacant land or other
parcel of land;
(1) "swimming pool" means any body of water in or above the ground
contained by artificial means, in which the depth of the water at any
point can exceed 0.6 m, and is used or is capable of being used for
swimming, wading or bathing, but does not include hot tubs or spas,
provided they are covered when not in use;
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(m) "swimming pool enclosure" means a fence, wall or other structure,
including doors and gates, surrounding a swimming pool that will
prevent entry of the general public; and
(n) "TRCK means the Toronto and Region Conservation Authority.
2. In this by-law,
(a) "front yard" means a yard extending across the full width of a
property between the front property line and the front wall of any
main building on the property for which the yard is required;
(b) "rear yard" means a yard extending across the full width of a
property between the rear property line and the nearest wall of any
main building on the property for which the yard is required; and
(c) "side yard" means a yard extending from the front yard to the rear
yard between the side property line and the nearest wall of any
building or structure on the property for which the yard is required.
Application
3. This by-law applies to all lands within the City.
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Fence By-law No. 6943/09 Page 3
References to Legislation
4. In this by-law, reference to any Act, regulation or by-law is reference to
that Act, regulation or by-law as it is amended or re-enacted from time to
time.
Word Usage
5. This by-law shall be read with all changes in gender or number as the
context may require.
6. A grammatical variation of a word or expression defined has a
corresponding meaning.
Construction
7. Unless otherwise specified, reference in this by=law to 'Parts, sections and
schedules are to Parts, sections and schedules in this by-law.
Measurements
8. All dimensions in this by-law are in inches, millimetres (mm), centimetres
(cm) and metres (m).
Severability
9. Each section of this by-law is an independent section, and the holding of
any section or part of any section of this by-law to be void, or ineffective for
any reason shall not be deemed to affect the validity of any other section
or parts of sections of this by-law.
PART 11 - SWIMMING POOL ENCLOSURES
Definitions
10. In this Part,
(a) "Director means the City's Director, Planning & Development or a
designate; and
(b) "enclosure permit" means a permit issued under this Part to erect a
swimming pool enclosure.
Fence By-law No. 6943/09 Page 4
Permit Applications
11. No person shall erect a swimming pool without first obtaining an enclosure
permit from the City.
12. An enclosure permit application shall be made by the owner of the
property on which the swimming pool is to be located or an authorized
representative of such owner.
13. Every enclosure permit application shall be filed with the Director using the
City's prescribed form.
14. Every enclosure permit application shall be accompanied by,
(a) details of the type of fence and its location in relation to the
proposed or existing pool and other structures on the property;
(b) where a neighbouring property is required for access, a letter from
the neighbouring owner authorizing such access; and
(c) the applicable fee set out in Schedule "A".
15. Every enclosure permit application for a property located within the TRCA
Screening Area must include TRCA approval in writing.
16. The Director shall not issue an enclosure permit unless the application
complies with all relevant provisions of this by-law.
17. The 'Director may impose any conditions deemed appropriate for an
enclosure permit.
Swimming Pool Enclosure Requirements
18. A swimming pool enclosure shall,
(a) provide a completely enclosed area for the swimming pool;
(b) be a minimum of 1.2 m in height, measured on the outside of the
enclosure;
(c) be constructed so that the distance between the ground and the
bottom of the fence does not exceed 10 cm; -
(d) be setback a minimum distance of 1 m from the swimming pool
wall; and
Fence By-law No. 6943/09 Page 5
(e) have no rails or other horizontal or diagonal bracing or attachments
on the outside that would facilitate climbing.
19. A swimming pool enclosure shall not be required if the outside walls of the
swimming pool are elevated a minimum of 1.2 m above the finished grade
and are constructed in such a manner as not to facilitate climbing from the
outside of the swimming pool, and no access ladders or adjacent objects
or equipment are available to facilitate climbing.
20. Gates that form part of a swimming pool enclosure shall be,
(a) comprised of equivalent material and construction as the rest of the
swimming pool enclosure;
(b) not less than 1.2 m in height;
(c) supported on substantial hinges;
(d) self-closing; and
(e) equipped with self-latching devices placed on the inside of the gate
at or near the top.
21. If a swimming pool enclosure is constructed of chain-link fencing, it shall
meet all of the following specifications:
(a) chain-linking not be greater than 38 mm mesh, consisting of 12
gauge galvanized steel wire, or 14 gauge steel wire covered with
vinyl coating, or other such equivalent material;
(b) galvanized steel supporting posts spaced at no more than 3 m
intervals;
(c) end posts and corner posts at least 48 mm in diameter extended a
minimum depth of 0.9 m below grade encased in concrete;
(d) intermediate posts at least 38 mm in diameter extended a minimum
depth of 0.9 m below grade encased in concrete; and
(e) top and bottom rails made of galvanized steel pipe having a:
minimum diameter of 32 mm, however a 5 mm galvanized steel
tension rod may be substituted for the bottom rail.
22. If a swimming pool enclosure is constructed using vertical board, it shall
meet all of the following specifications:
Fence By-law No. 6943/09 Page 6
(a) vertical boarding not less than 23 mm by 100 mm nominal spaced
not more than 38 mm apart, `attached to a top and bottom rail in
such a manner as not to facilitate climbing from the outside;
(b) supporting posts not less than 100 mm by 100 mm nominal spaced
not more than 2.4 m apart and extended a minimum depth of 1.2 m
below grade encased in concrete;
(c) pressure treated wood below grade, or treated with a wood
preservative below grade; and
(d) top and bottom rails not less than 50 mm by 100 mm.
23. If a swimming pool enclosure is constructed using materials other than
chain-link or vertical board, it shall,
(a) be constructed to provide an equivalent degree of safety to that
specified for chain link and vertical board construction, and
approved by the issuance of an enclosure permit;
(b) be permitted to have exposed structural or other members or parts
thereof on the outside of the swimming pool enclosure provided a
minimum vertical distance of 1.2 m is maintained between such
parts, and
(c) have a maximum opening of 100 mm at any point in the swimming
pool enclosure.
Offences
24. No person shall erect a swimming pool unless the owner has erected a
swimming pool enclosure that meets all of the requirements of this Part. .
25. No person shall erect a swimming pool enclosure that does not meet all of
the requirements of this Part.
26. No person shall place water in a swimming pool or allow water to remain
in a swimming pool unless a swimming pool enclosure has been erected
that meets all of the requirements of this Part.
27. No owner of a property on which a swimming pool is located shall permit
any gates that form part of a swimming pool enclosure to remain open
unless a responsible person is present and supervising the swimming
pool.
Fence. By-law No. 6943/09 Page 7
Ornamental Ponds
28. (1) In this section, "ornamental pond" means a body of water in or
above the ground, contained in part or in whole by artificial means,
in which the depth of the water at any point can exceed 0.6 m.
(2) Sections 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 apply with
necessary modifications to ornamental ponds and ornamental pond
enclosures.
PART III - FENCES ON RESIDENTIAL PROPERTY
Restrictions
29. (1) No person shall erect a fence greater than 2 m in height in any side
yard or rear yard.
(2) This section shall not apply to a privately owned outdoor tennis
court if the fence is of chain-link construction.
30. (1) In this section,
(a) "fence of open construction" means a fence constructed so
that at least one third of its vertical surface area is open
space, enabling 'motorists and pedestrians to have a clear
view through such fence; and
(b) "fence of solid type construction" means a fence constructed
of solid materials, or a hedge, which limits the ability of
motorists and pedestrians to see through the fence.
(2) No person shall erect a fence of solid type construction that is
greater than 1 m in height in any front yard.
(3) No person shall erect a fence of open construction that is greater
than 1.5 m in height in any front yard.
(4) This section shall not apply to fences erected prior to the passage
of this by-law that comply with the previous maximum height of 42
inches.
31. Where a rear yard or a side yard of a property abuts the front yard of
another property, the maximum fence height shall be 2 m.
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32. Where the front yard depths of two abutting properties vary, the front yard
shall be determined by the abutting property with the lesser front yard
depth.
Exemptions
33. Sections 29; 30, 31 and 32 shall not-apply to;
(a) residential fences that abut property used for industrial, commercial,
or institutional purposes or, railway land, where the provisions for
non-residential properties (Part IV) apply;
(b) noise control barriers erected by or as a requirement of a
government agency acting pursuant to statutory authority;
(c) fences erected in accordance with an approved site plan;
(d) any fencing erected by a federal, provincial or municipal
government; and
(e) ornamental gateways, garden structures or entranceways used or
maintained as a decorative feature that do not require a building
permit to be lawfully erected.
Privacy Screens
34. No person shall erect a privacy screen in a front yard.
35. No person shall erect a privacy screen in a side yard or rear yard unless it
is,
(a) located morethan 0.6 m from any side yard line or rear property
line;,
(b) less than 2.6 m in height; and
(c) less than 8 m in length,
36. (1) Where a privacy screen is located so as to provide a visual barrier
between dwelling units divided by a common wall, it may be placed
on the side property line if the privacy screen is less than 5 m in
length:
(2) Where a privacy screen is constructed on a raised deck, the
maximum combined height of the deck and the privacy screen shall
be, no more than 3.5 m.
Fence By-law No. 6943/09 Page 9
PART IV - FENCES ON NON-RESIDENTIAL PROPERTY
37. No person shall erect a fence that is greater than 2.6 m in height on any
non-residential property.
38. No person shall erect a fence on any non-residential property without first
having received site plan approval from the City.
PART V - GENERAL FENCE REGULATIONS
Posts
39. No person shall erect a fence post or decorative fence post feature that
projects more than 20 cm above the fence height.
Hazardous Materials
40. (1) No person shall erect a fence that contains or is constructed of any
hazardous material such as razor wire, barbed wire or any other sharp
projections capable of causing physical injury to humans.
(2) Notwithstanding subsection (1), barbed wire fencing may be
authorized on a site plan approved by the City.
Electrical Fences
41. No person shall erect an electrical fence using direct current unless such
fence,
(a) is on property that is being lawfully used for agricultural purposes;
(b) has a maximum 12 volt trickle charge;
(c) is designed and erected solely to contain animals; and
(d) has attached signs at no more than 15 m intervals warning that the
fence carries electricity.
Traffic Sightlines or Other Hazards
42. No person shall erect a fence which, by reason of its location or design,
obstructs traffic sightlines or for any other reason constitutes a hazard.
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Graffiti
43. (1) In this section, "graffiti" has the same meaning as in City By-law
6711/06.
(2) No person shall place graffiti or cause or permit graffiti to be placed
on any fence.
(3) Every owner shall at all times maintain their fence free of graffiti.
Maintenance
44. (1)- In this section, "state of good repair" means,
(a) complete and maintained in a structurally sound condition
and securely anchored;
(b) protected by weather resistant materials;
(c) components are not broken, rusted, rotten or in a hazardous
condition;
(d) all stained or painted fences are maintained free of peeling
paint or stain; and
(e) does not present an unsightly appearance to abutting
properties or to the neighbourhood.
(2) All fences, swimming pool enclosures or privacy screens shall be
maintained in a state of good repair by the owners of the property
on which they are located.
PART VI - EXEMPTIONS
Definition
45. In this Part,
(a) "adjoining property owner" means a person who owns property
within a 3m radius of the property line of an owner seeking an
exemption;
(b) "City Clerk" means the City Clerk or a designate; and
(c) "Committee" means the City's Property Review Committee.
Fence By-law No. 6943/09 Page 11
Exemption Applications
46. An owner may apply for an exemption from the provisions of this by-law.
47. Every exemption application shall be submitted in writing to the City Clerk
and shall contain the following information:
(a) property survey;
(b) site plan showing the location of all structures on the property;
(c) a description of the proposed fence, swimming pool enclosure or
privacy screen;
(d) construction and installation specifications for the proposed fence,
swimming pool enclosure or privacy screen;
(e) supporting documentation from adjoining property owners, if
available;
(f) the name, address and telephone number of the owner;
(g) if the applicant is not the owner of the property, authorization
confirming the applicant is acting on owner's behalf;
(h) reference to the section of the by-law from which the exemption is
being sought;
(i) reasons why the exemption is being sought; and
Q) the applicable fee set out in Schedule "A".
48. If supporting documentation filed with the exemption application evidences
that all adjoining property owners support the requested exemption and
the City Clerk determines the exemption is in keeping with the general
intent of this by-law, the City Clerk may approve the exemption.
49. If the exemption application is submitted without support from adjoining
property. owners, the City Clerk shall refer the application to the Committee
for a hearing.
50. The City Clerk shall notify the applicant once a hearing date has been set.
The City Clerk shall also notify all adjoining property owners.
Fence By-law No. 6943/09 Page 12
51. If the applicant does not attend the hearing, the Committee may proceed
in the absence of.the applicant, and the applicant shall not be entitled to
further notice:
52. When considering an exemption application, the Committee shall have
regard for,
(a) any special circumstances or conditions referred to in the
exemption application;
(b) whether strict application of the provisions of this by-law would
result in practical difficulties or unnecessary hardship for the
applicant;
(c) whether the requested exemption is consistent with the general
intent and purpose of this by-law; and
(d) whether the fence, swimming pool enclosure or privacy screen will
alter or otherwise have a negative impact on the essential character
of the area,
53. Following a hearing, the Committee shall render its decision.
54. The decision of the Committee shall be final and binding.
55. Notice of the decision shall be given to the applicant and any other person
present at the hearing.
56. The Committee's decision shall flake effect on the day that it is made.,
PART VII - ADMINISTRATION AND ENFORCEMENT
Definitions
57. In this Part,
(a) "officer" means a municipal law enforcement officer appointed by
the City; and
(b) "order" means an order issued by an officer under section 60.
Fence By-law No. 6943/09 Page 13
Inspections
58. An officer may, at any reasonable time, enter upon any property for the
purpose of carrying out an inspection to determine whether or not the
provisions of this by-law have been complied with.
59. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Order to Comply
60. Where an officer is satisfied that there has been a contravention of any
provision of this by-law, the officer may issue an order requiring the owner
of the property on which the contravention has occurred to do work to
correct the contravention.
61. An order shall set out,
(a) reasonable particulars of the contravention;
(b) the location of the property;
(c) the general nature of the work required to be done to correct the
contravention; and
(d) the date by which the work must be done.
62. An order may be served by,
(a) personally delivering it to the owner; or
(b) sending it by registered mail to the owner at the address of the
owner shown on the last revised assessment roll for the property or
the last known address of the owner.
63. Service of an order under this section shall be deemed to have been
effected on the date that it is delivered personally or three days after it was
mailed, as the case may be.
64. No person shall fail to comply with an order.
Remedial Action
65. Where an order has been issued and compliance has not been achieved
by the date specified in the order, the City may cause the work set out in
the order to be done.
Fence By-law No. 6943/09 Page 14
66. The City may recover the costs of doing any work undertaken pursuant to
section 65, together with an administration charge equal to 25%0 of such
costs, from the person required to do it by action or by adding the costs to
the tax roll and collecting them in the same manner as property taxes.
Penalties
67. Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine pursuant to the provisions of
the Provincial Offences Act.
PART VII - GENERAL
Short Title
68. This by-law may be referred to as the "Fence By-law
Repeal
69. By-law No. 425/76 is repealed.
Effective Date
70. This by-law shall come into force on the day of its passing.
By-law read a first, second and third time and finally passed this 20th day of
April, 2009.
David Ryan, M or
Debi A. Wilcox, City Clerk
Fence By-law No. 6943/09 Page 15
SCHEDULE „A„
Swimming Pool Enclosure Permit Application $150.00
Application for exemption from Fence By-law:
i) With Supporting Documentation $100.00
ii) Contested $250.00