Fence By-law

I. Short Title

This by-law may be cited as the “Fence By-law”.

II. Definitions

d.  “Corner Lot” means a Lot situated at the intersection of and abutting upon two Streets, or upon two parts of the same Street, the adjacent sides of which Street or Streets, (or, in the case of a curved corner, the tangents at the Street extremities of the Side Lot Lines) contain an angle of not more than 135 degrees. In the case of a curved corner, the corner of the Building Lot shall be that point on the Lot Line abutting a Street nearest to the point of intersection of the said tangents.

e.  “Corner Sight Triangle” shall mean the triangular space formed by the Street Lines of a Corner Lot and a line drawn from a point on one of the said Street Lines to a point on the other said Street Lines, each said point being measured 3.0 meters (9 feet 10 inches) from the point of intersection of the said Street Lines.

f.  “Council” means the Council of Haldimand County.

g.  “Division Fence” means a Fence marking the boundary between adjoining parcels of land.

h.  “Driveway Visibility Triangle” means a triangular area formed by the intersection of the lateral limit of the travelled portion of a driveway and the Street Line or sidewalk (if existing) or the projections thereof, and a straight line connecting them 2.7 metres (8.9 feet) from their point of intersection.

i.  “Effective Ground Level” means the highest level of the ground within 1.0 m (3 feet 3 inches) horizontally in any direction from the point being considered.

j.  “Exterior Side Yard” shall mean a side Yard abutting a Street and extending from the front Yard to the rear Yard and from the exterior Side Lot Line to the nearest part of the main Building on the Lot. A required Exterior Side Yard shall extend from the required front Yard to the rear Lot Line.

n.  “Interior Side Yard” shall mean a Yard extending from the front Yard to the rear Yard and from the interior Side Lot Line to the nearest part of the main Building on the Lot. A required Interior Side Yard shall extend from the required front Yard to the required rear Yard.

o.  “Lot” shall mean a parcel of land which can be legally conveyed.

p.  “Lot Line” shall mean any boundary of a Lot and the vertical projection thereof.

q.  “Lot Line, Front” shall mean:

1. 1. in the case of an interior Lot, the line dividing the Lot from the Street;
   2. in the case of a Corner Lot, the shorter Lot Line abutting a Street;
   3. in the case of a Corner Lot whose exterior Lot Lines are the same length, the Lot Line opposite the main entrance of the main Building;
   4. in the case of a Through Lot, the nearer Street Line to the main Building; and
   5. in the case of a Lot located on a private lane or right of way, the Lot Line abutting the private lane or right of way, and where two Lot Lines abut a private lane or right of way, the Lot Line opposite the main entrance of the main Building.

r.  “Lot Line, Rear” shall mean:

1. 1. in the case of a Lot having four Lot Lines, the Lot Line farthest from and opposite to the front Lot Line;
   2. in the case of a Lot having only three Lot Lines, there shall be no rear Lot Line;
   3. in the case of a Lot having more than four Lot Lines, all Lot Lines opposite to but not intersecting with the front Lot Line.

s.  “Lot Line, Exterior” shall mean the Lot Line abutting a street other than the front lot Line of a Corner Lot or the rear Lot Line of a Through Lot.

t.  “Lot Line, Interior” shall mean a Side Lot Line other than an exterior Side Lot Line.

w.  “Officer” means a Municipal Law Enforcement Officer appointed by Council, whose duties include the enforcement of Haldimand County by-laws, and a Police Officer.

x.  “Open Type Construction” means any Fence which is visually unobstructed throughout its Length and Height except for necessary line posts, corner posts, top rails, and other normal accessories which includes a Fence constructed of chain link, wood, vinyl, aluminum or iron where the pickets when constructed are visually unobstructed throughout its length and Height.

y.  “Owner” means the registered Owner of a Lot or any Person having control or management of such Lot.

z.  “Person” means any Owner, individual, association, group, organization, firm, partnership, corporation, agent or trustee and the heirs, executors or other legal representatives of a Person to whom the context can apply according to law or an event organizer or permit holder and shall include any group of Persons comprising a society or other organization and shall include the plural wherein the context requires.

aa.  “Privacy Screen” means a visual barrier used to shield any part of a Yard from view from any adjacent parcel or highway.

bb.  “Residential Zone“ means any Lot within a Residential Zone or any land that permits a residential use under the County’s Zoning By-law.

cc.  “Side Lot Line” shall mean a Lot Line other than a front or rear Lot Line and shall include an Exterior Lot Line or an Interior Lot Line.

ff.  “Structure” shall include a deck, balcony or anything constructed or erected, other than  a building, the use of which requires location on or in the ground, or attached to something having location on or in the ground.

gg.  “Through Lot” shall mean a Lot with two or more opposite Lot Lines being contiguous with the Street Line, other than a Corner Lot, unless three or more Lot Lines of a Corner Lot are contiguous with a Street Line.

hh.  “Yard” shall mean the space between a Building or Structure on a Lot and the Lot Lines of the Lot.

ii.  “Yard, Front” shall mean a Yard extending across the full width of the Lot between the front Lot Line of the Lot and the nearest part of the main Building on the Lot.

ll.  “Yard, Required Rear” shall mean a Yard extending across the width of the Lot, exclusive of any Exterior Side Yard, between the rear Lot Line and the nearest part of the main Building on the Lot. If a Lot has only three Lot Lines and there is no rear Lot Line, the rear Yard shall be the area extending across the full width of the Lot, between the apex formed by the Side Lot Lines and the nearest part of any excavation or main Building on the Lot or 9 meters whichever is shorter, on the Lot.

mm.  “Yard, Side” shall include a Yard that is an Exterior Side Yard or an Interior Side Yard.

nn.  “Zoning  By-law” means any by-law administered by the County passed pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13, or a predecessor or successor thereof, as may be amended from time to time.

III. Exemptions

IV. General Fence Standards

Fence Materials

3.  No Person shall have, erect, construct, maintain or permit to be erected, constructed or maintained any Hazardous Fence.

4.  Notwithstanding Section 3, an electrified Fence used for livestock in a legally established and active agricultural operation is permitted.

5.  No Person shall have, erect, construct, maintain, or permit to be erected, constructed or maintained any Fence comprised of sheet metal or corrugated metal panel members in a Residential Zone.

Fence Location

6.  No Person shall have, erect, construct, maintain or permit to be erected, a Fence on a Lot at a Height:

1. 1. exceeding a Height of .75 meters (2 feet, 6 inches) within any Corner Sight Triangle; or
   2. exceeding a Height of .75 meters (2 feet, 6 inches) within any Driveway Visibility Triangle.

V. Fences in Residential Areas

Privacy Screens - Height & location

10.  No Person shall have, erect, construct, maintain or permit to be erected a Privacy Screen except in accordance with this by-law.

11.  No Person in a Residential Zone shall have, erect, construct, maintain or permit to be erected Privacy Screen(s) on a Lot:

1. 1. in the Front Yard;
   2. where the Privacy Screen is less than 4.5 metres (14 feet 9 inches) from the Exterior Lot Line;
   3. where the Privacy Screen is less than 1.2 metres (4 feet) from any Side Lot Line;
   4. where the Privacy Screen is less than 1.2 metres (4 feet) from the Rear Lot Line;
   5. where the number of individual Privacy Screens are more than 12 metres (39 feet 4 inches) in total length;
   6. where any one (1) Privacy Screen is longer than 5 metres (16 feet 5 inches);
   7. where any Privacy Screen is less than 2 meters (6 feet 6 inches) away from another Privacy Screen;
   8. exceeding a Height of more than 3 metres (9 feet 10 inches) above Effective Ground Level; or
   9. exceeding a Height of more than 1.5 meters (5 feet) on a Structure.

VI. Division Fence - Application

20.  Compliance with the provisions of this by-law does not exempt any Owner seeking to construct, replace, maintain or repair a Division Fence or any adjoining Owner from compliance with this by-law, any applicable law, including any other statute, regulation or other by-law.

21.  Notwithstanding any of the provisions of this by-law, where an Owner is required to construct, replace, maintain or repair a Fence under any other applicable law, including any other statute, regulation or by-law, they shall pay the entire cost of the construction, replacement, maintenance or repair of the Fence.

VII. Non-Residential Zones

22.  No Person in a Non-Residential Zone, shall have, erect, construct, maintain or permit to be erected, a Fence on a Lot, at Heights exceeding the most restrictive, as applicable, of the following:

1. 1. exceeding a Height of 3 metres (9 feet, 10 inches) within any Yard; or
   2. exceeding a Height of .9 meters (3 feet) in the Required Front Yard.

23.  No Person in a Non-Residential Zone shall within 7.62 metres (25 feet) of the Front Lot Line have, erect, construct, maintain or permit to be erected, a Fence between Side Lot Lines of a Lot, so as to enclose or partially enclose a Front Yard which exceeds a Height of .9 meters (3 feet).

24.  No Person in a Non-Residential Zone shall have, erect, construct, maintain or permit to be erected a Fence between a Lot in a Residential Zone and a Lot in a Non-Residential Zone exceeding a Height of 3.0 metres (9 feet 10 inches).

25.  This Part does not apply to a Fence erected, constructed, maintained as part of a Normal Farm Practice.

VIII. Enforcement

1. 1. require a Person to produce for inspection any Permit, written contract or other authorization permitting the Person to use the Lot;
   2. inspect and remove any Permit, written contract or other authorization relevant to the inspection for the purpose of making copies or extracts;
   3. require information in writing or otherwise as required by the Officer from any Person concerning a matter related to the inspection; or
   4. alone or in conjunction with a Person possessing special or expert knowledge, undertake an inspection to determine compliance with this by-law.

29.  A Municipal Law Enforcement Officer or Police Officer may make an Order, sent by prepaid regular mail to the last known address, posted on-site or personally delivered to a Person requiring the Person within the time specified in the Order to:

1. 1. discontinue the contravening activity; and/or
   2. do work to correct any contravention.

30.  An Order may be served on a Person by handing it to the Person, but where the Order cannot be given or served by reason of the Person’s absence from the Person’s property or by reason of evasion of service, the order may be given or served:

1. 1. by handing it to a Person who appears to be over the age of 16, on the Person’s property;
   2. by posting it in a conspicuous place upon some part of the Owner ’s Lot and by sending a copy by prepaid regular mail; or
   3. by sending it by prepaid registered mail to the Owner at the address where he/she resides.

31.  If an Order is served by:

1. 1. prepaid regular mail, the service shall be deemed to have been made on the third (3rd) day after the day of mailing; or
   2. registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

32.  An Order under this Part shall set out:

1. 1. reasonable particulars of the contravention adequate to identify the contravention and the location of property on which the contravention occurred;
   2. the work to be completed; and
   3. the date(s) by which the work must be complete.

IX. Remedial Action

Remedial Action

33.  Every Person who has, erects, constructs, maintains, or permits to be erected, constructed or maintained any Fence that does not comply with the provisions of this by-law and who has been served with an Order under this by-law, shall forthwith take all necessary action to ensure that the Order is complied with and the Fence complies with the provisions of this by-law.

Work done by County

34.  In default of the work required by this by-law or by an Order not being done by the Person directed or required to do it, the County, in addition to all other remedies it may have, may do the work or cause the work to be done at the Person’s expense to bring the Lot into compliance with the Order, and may enter upon land or Lot, at any reasonable time, for this purpose.

Recover costs

35.  The County may recover the costs incurred by it in doing the work or causing it to be done from the Person directed or 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.

Lien

36.  Upon completion of the work by or on behalf of the County, the municipality shall have a lien on the land or Lot for the amount spent on the work and the amount shall be deemed to be municipal real property taxes and may be added by the Clerk of the municipality to the tax roll and collected in the same manner and with the same priority as municipal real property taxes as provided for by statute.

X. Penalty

40.  A director or Officer of a Corporation who knows that the Corporation is violating or has violated a provision of the by-law is guilty of an offence and on conviction is liable to:

1. 1. On a first conviction to a fine of not more than $25,000; and
   2. On a subsequent conviction to a fine of not more than $10,000 for each day or part of a day upon which the contravention has continued after the day on which the corporation was first convicted.

XI. Obstruction

41.  No Person shall or attempt to hinder or obstruct a Municipal Law Enforcement Officer or Police Officer in carrying out his or her duties as described under this by-law.

XII. Conflict with Other By-laws

42.  In the event of any conflict between the provision of this by-law and any other by-law regarding the regulation of Fences, the provisions of this by-law shall prevail, however, the by-law will not invalidate the enforceability of other provisions of those by-laws insofar as they may be applicable.

XIII. Severability

43.  Where a Court of competent jurisdiction declares any section or part of a section of this by-law invalid, the remainder of this by-law shall continue in force unless the Court makes an order to the contrary.

XIV. Repeal of Existing By-laws

44.  All the Fence provisions found within the Town of Dunnville Zoning By-law 1-DU 80, the Town of Haldimand Zoning B-law 1- H-86 and City of Nanticoke Zoning By-law NE 1- 2000 are hereby repealed.