HomeMy WebLinkAboutBy-law 3909/70THE CORPORATION OF THE TOWNSHIP OF PICKERING
BY-LAW NUMBER 3909/70
Being a By-law for prescribing the
height and description of lawful
fences in the Township of Pickering
in all residertially 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 ecoaductad 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
specificarions set out :herein;
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(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 same street of which two
adjacent sides upon the street line or
street lines include an angle of not more
than one hundred and thirty-five degrees
(135) and where such adjacent aides 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) in the latter case the earner
of the lot shall be deemed to
be that point on the street
tine nearest to the point of
intexsection 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 lime that
divides a I" from etm street provided that
in the case of a corner lot the shorter lot
'lies that abuts a street shall be deemed to
be the front lot line and the loggor Sat
line that so abuts shall be termed the
"Flank' of the lot.
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(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 means 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 ground 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 oonsidered 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.
2a 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. OBSTRUC]aONS 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
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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 of and, 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.
(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 division fence more than eight (8)
feet in height separating residential uses from institutional,
commercial, open space or industrial uses.
5* HEIGHT OF ?ME - CORNER LOTS
(a) Notwithstanding 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 36 inches in height along street
lines on corner lots in residential areas. The following
scale shall apply in respect to daylighting corners where
no fences shall be allowed as illustrated in Schedule "A"
hereto attached;
Road Allowance Road Allowance Daylighting
- R ?d
{a) Where 66' Meets 66' - 15 feet
(b) Where 66' Meets 76' - 15 feet
{c) Where 66' Meets 86' - 25 feet
(d) 7,ftre 76' Masts 86' - 25 Peet
(0) where 86' Yzets 86' - 50 feet
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Road Allowance Road Allowance Daylighting
Req uired
(f) Where 66' Meets 100' - 25 feet
(g) Where 76' Meets 100' - 25 feet
(h) Where 86' Meets 100' - - 50 feet
120'
(i) Where 100' - Meets 100' - - 50 feet
120' 120'
(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
nest 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.
6, DETERMINATION OF NEIGNT RE MTIOR POINT
In the case of variable setbacks or curved streets and
standard building setbacks from the street line, one house normally
paojeots forward of its neighbour. In such instances the maximmt
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
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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
aide 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.
1. RESTRICTION OF MATERL4I.3
(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
o4 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 eurrent
through a fence in the construction of or
maintenance of or in any connection with a
lawful fence.
Se Every person who contravenes any of the provisions of this
By-lav shall upon conviction thereof forfeit and pay, at the discretion
of the convicting magistrate, a penalty not e2taseding (e=1*sive of costs)
the sum of Three Hundred Dollars ($300.00) for each offence.
90 By-law Number 3826/70 be and the same is hereby repealed.
READ A FIRST TIME THIS 17th DAY OF NOVEMBER 1970.
READ A SECOND TIME THIS 17th DAY OF NOVEMBER 1970.
READ A THIRD TINE AND FINALLY PASSED THIS 17th OF NO 1970.
Ueve Cle