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Home My WebLink AboutBy-law 4026/71THE CORPORATION OF THE TOWNSHIP OF PICKERING BY-LAW NUMBER *0A ?_/I Being a By-law for prescribing the height and description of lawful fences in the Township of Pickering in all residentially zoned areas. WHEREAS it is not the intention of the Municipality to require the construction of fences in residentially zoned areas; WHEREAS IT IS CONSIDERED DESIRABLE that where fences are constructed, same should be regulated with respect to height and description in order to maintain the ameneties of the area and the free movement of light and air. AND WHEREAS the Municipal Act provides that By-laws may be passed for prescribing the height and description of lawful fences; NOW THEREFORE BE IT ENACTED and it is hereby enacted as a By-law of the Corporation of the Township of Pickering as follows: 1. In this By-law, (a) "MAIN BUILDING" shall mean a building in which is-'.conducted the principle uses of the land on which it is situated. In any residential zone, a building containing one or more dwelling units shall be deemed to be the main building of the land on which it is situated; (b) "LAWFUL FENCE" shall mean- (i) a linear barried erected or growing or maintained on land conforming with the specifications set out :herein; - 2 - (ii) a division fence conforming with the specifications set out herein. (c) (i) "CORNER LOT" Shall mean a lot situated at the intersection of two streets or two parts of the tame street of which two adjacent sides upon the street line or street line$ include an angle of not more than one hundred and thirty-five degrees (135) and where such adjacent sides are curved, the angle included by the adjacent sides shall be deemed to be the angle formed by the intersection of the tangents of the street lines drawn through the extremeties of the interior lot lines, provided that; 1) itt the latter case the corner of the lot shall be deemed to be that point on the street line nearest to the point of intersection of the said tangents, and 2) any portion of a corner lot distant more than one hundred feet (1001) from the corner, measured along the street line, shall be deemed to be an inside lot. (ii) "FRONT LOT LINE" shall mean the line that divides a lot from the street provided that in the case of a corner lot the shorter lot line that abuts a street shall be deemed to be the front lot line and the longer lot line that so abuts shall be termed the "Flank' of the lot. -3- (iii) "REAR LOT LINE" shall mean the lot line opposite the Front Lot line. (d) "MAIN FRONT WALL" shall mean the wall of the main building, located nearest the front lot line; (e) "STREET" shall mean a public highway, public road allowance or private thoroughfare which affords a principle mead$ of access to abutting lands; (f) "FRONT YARD" shall mean the land extending across the full width of a property between the front lot line and the nearest wall of any main building or structure on the property; (g) "HEIGHT' shall mean the distance measured perpendicularly from the C round level on which a lawful fence is erected or growing or maintained to the top of such fence and where the ground levels are not the same on both sides of the fence the lower of such levels shall be considered the ground level for purposes of the fence; (h) "DIVISION FENCE" shall mean a fence, erected or grown or maintained, dividing two or more properties which marks or substantially marks the boundary between such properties. 2. SCOPE The provisions of this By-law shall apply to all lands within the Township of Pickering zoned for residential uses; except that these restrictions shall not apply where a lawful fence is contiguous to a non-residentially zoned area, but shall apply where a street is the boundary between two or more zones. 3. OBSTRUCTIONS OF STREETS No person shall place or maintain a lawful fence either permanently or temporarily on any street except for emergency protection measures with the approval of Council - 4 - 4. HEIGHT OF FENCE (a) No person, being the owner of land, shall erect or grow or allow the erection of growth of, or maintain or allow the maintenance of, a lawful fence more than 42 inches in height between the front wall of the main building on the land and the street line for the full width or part of the width of the land. (b) No person, being the owner ofland, shall erect or grow or allow the erection of growth of or maintain or allow the maintenance of a lawful fence more than six (6) feet in height between the front wall of the main building on the land and the rear lot line for the full width or part of the width of the land. (c) No person, being the owner of land, shall erect or grow or allow the erection of growth of or maintain or allow the maintenance of a division fence more than eight (8) feet in height separating residential uses from institutional, commercial, open space or industrial uses. 5. HEIGHT OF FENCE - CORNER LOTS (a) Notwithstanding the foregoing no person, being the owner of land, s hall erect or grow or allow the erection or growth of or maintain or allow the maintenance of a lawful fence more than 36 inches in height along street lines on corner lots in residential areas. The following scale shall appl y in respect to daylighting corners where no fences shall be allowed as illustrated in Schedule "A" hereto attached; Road Allowance Road Allowance Daylighting Rewired (a) Where 66' Meets 66' - 15 feet (b) Where 66' Meets 76' - 15 feet (c) Where 66' Meets 86' - 25 feet (d) Where 76' Meets 85' - 25 feet (e) Where 86' Meets 86' - 50 feet - 5 - (f) (g) (h) G) Road Allowance Road Allowance Daylighting Required Where 66' Meets 100' - 25 feet Where 76' Meets 100' - 25 feet Where 86' Where 100' - 120' Meets 100' - 120' Meets 100' - 120' - 50 feet - 50 feet (b) The said Schedule "A", hereto attached, shall form part of this By-law. (c) In the case of corner lots where a portion of the flank, side or rear lot lines project nearer to the same street than the front wall of the next adjacent structure, no person, being the owner of such lot shall erect or grow or allow the erection or growth of or maintain or allow the maintenance of a lawful fence more than 36 inches in height in the front, side or rear yard so projecting; except as limited by the foregoing; no person, being the owner of land, shall erect or grow or allow the erection or growth of or maintain or allow the maintenance of a lawful fence more than six (6) feet in height. (d) Notwithstanding the provisions of section 5 (a), where the grade at the front lot line or flank of a corner lot is below the grade of the travelled portion of the abutting street a fence may be erected, grown or maintained up to 42 inches in height so long as: (i) such fence does not rise more than 36 inches above the grade of the travelled portion of the abutting street and (ii) the daylighting requirements of Section 5 (a) are complied with. Continued ...... 6 - 6 - 5A Any fence constructed pursuant to By-law 3745/69 or its successor shall be exempt from the provisions of this by-law so long as: (a) such fence does, in fact, enclose a privately owned outdoor swimming pool, and (b) such fence does not exceed six (6) feet in height, and (c) the daylighting requirements as set out in Section 5 are complied with, and (d) such fence, when erected between the front wall of the main building on the land and the street line, does not extend further than 1/3 of the way across the full width of the land. 6 DETERMINATION OF HEIGHT REDUCTION POINT In the case of variable setbacks or curved streets and standard building setbacks from the street line, one house normally projects forward of its neighbour. In such instances the maximum lawful fence height reduction point shall be: (a) Where both properties have dwellings erected, the point where a line joining the adjacent front corners of the abutting houses intersects the common side property line. (b) Where one property is vacant, the intersection, with the common side property line, of a line joining the abutting corner of the existing house to a point in the building front yard setback line of the adjacent property distant from the common side property line the required side yard setback for any main building on any said vacant property. (c) Where both properties are vacant the point where the minimum front yard setback line intersects the minimum side yard setback line shall be deemed to be the corner of the building and Section (a) shall apply. Continued ...... 7 - 7 - 7. RESTRICTION OF MATERIALS (a) No person, being the owner of land, shall use or allow the use of barbed wire or other barbed material or any material of a nature which could be injurious to the public in the construction of or maintenance of or in any connection with a lawful fence. (b) No person, being the owner of land, shall use or allow the use of any device designed for or capable of projecting electric current through a fence in the construction of or maintenance of or in any connection with a lawful fence. 8. Every person who contravenes any of the provisions of this By-law shall upon conviction thereof forfeit and pay, at the discretion of the convicting magistrate, a penalty not exceeding (exclusive of coats) the sum of Three Hundred Dollars ($300.00) for each offence. 9. By-law Number 3969/71 be and the same is hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND PASSED this ?I-j day of ?,U/yiQ. 1971. _, L I -- c _-=_- -- - ---- Reeve Clerk r r D 0 L n f' ,; ,