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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 Clause (f) of Section 1 of By-Law 425/76 as replaced by Section 1 of By-Law 544/77 is hereby repealed and the following substituted therefor: (f) (i) "height" shall mean the perpendicular distance from the level of land on which a fence or enclosure is erected,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.