THE CORPORATION OF THE TOWNSHIP OF ASPHODEL-NORWOOD
FENCE BYLAW
By-Law No. 2003– 4
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PRINTABLE VERSION (PDF)
Fence Bylaw Being a by-law to regulate the height, location, character and construction materials of fences in residentially designated zones.
1. APPLICATION OF THIS BY-LAW
- This by-law shall apply to all Residential zones as set out in the Comprehensive Zoning By-laws of the Township of Asphodel-Norwood as amended or replaced from time to time.
- This by-law shall be applied to ensure that any fence constructed is built in such a manner so as not to unduly obstruct the neighbour’s view.
2. DEFINITIONS
Fence
A fence for the purpose of this bylaw shall mean any barrier or structure constructed of chain link metal, wood, stone, metal, brick or other similar materials or combinations of such materials which is erected for the purpose of screening, safeguarding, retaining or enclosing property or delineating property lines. A fence may include a solid or continuous hedge as a component.
Front Yard
A front yard for the purpose of this bylaw shall mean a yard extending across the full width of the lot between the front lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a main building closest to the front lot line.
Height of Fence
The height of a fence for the purpose of this bylaw shall be defined as the dimension from the established grade to the top of the finished fence.
Rear Yard
The rear yard for the purpose of this bylaw shall mean a yard extending across the full width of the lot between the rear lot line and a line drawn parallel or concentric thereto and through the point of the main wall of the main building closest to the rear lot line. Where there is no rear lot line, the rear yard shall be measured from the intersection of the side lot lines to the closest point of the main wall of the main building.
Side Yard
The side yard shall mean a yard extending from the front yard to the rear yard between the side lot line and a line drawn parallel or concentric thereto and through the point of the main wall of a building closest to the side lot line.
Sight Triangle
For the purpose of this bylaw a sight triangle shall mean a triangular space, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines as specified in this bylaw.
(See figure 1)
Property Lot Line
For the purpose of this bylaw the property lot line shall mean a boundary line of a lot.
3. FENCE HEIGHT
The height of a fence shall be measured from the higher adjacent grade where there is a grade difference on each side of the fence.
- No person shall erect or cause to be erected in a front yard a fence that is higher than 1.25 metres (4 feet) above grade.
- No person shall erect or cause to be erected in a rear yard or side yard a fence, which is higher than 1.83 metres (6feet) above grade.
- Where a residential zone abuts an industrial or commercial zone, the height of the fence shall be minimum 6’-0” and maximum 10’-0” in height.
- Where an industrial zone abuts a rural zone, the height of the fence shall be 10’-0” in height.
4. FENCE CONSTRUCTION MATERIALS
No material or part of any fence shall consist of or be constructed from barbed wire or other material having dangerous characteristics or include any device for projecting an electric current through said fence.
- The finished side of the fence shall face toward the adjacent neighbours.
- Where an Industrially zoned parcel of land abuts a Residential or Rural parcel of land, the fence type shall be constructed of Chain Link fencing.
5. FENCE LOCATION
The location of the fence shall either be located directly on the lot line as determined by a registered survey prepared by an Ontario Land Surveyor; or shall be located on the inside of the lot line.
- Where there is a dispute by neighbours about the location of the lot line, the Municipality does not become involved in these civil disputes. A survey will be required to be completed by one of the parties at their own expense.
6. FENCES NEAR WATER COURSES
(a) A site plan and sketch cross section of the proposed fence must be submitted to the
municipality for approval prior to construction of a fence on all lots that front or back on a public watercourse. The criteria that shall be applied to a fence proposed on such lots will be;
- The municipality may require alteration to a proposed fence that obstructs existing views of the watercourse by adjacent land owners and require that the fence be limited in height to 1.22 metres (48 inches)
- The municipality may require such alteration only where the fence extends beyond 9.1 metres (30 feet) from a residential building.
7. SIGHT TRIANGLES
No person who uses the land or erects buildings or structures thereon shall place in or on a corner lot any wall, fence, tree, hedge or other barrier, which would obstruct visibility above a height of 0.6 metres (2 feet) above the grade of the centerline of the road intersection on that portion of the lot:
- within a triangle formed by the boundaries of the lot common within the road allowance lines and a straight line connecting points on each of the said boundaries measured a distance of 9 metres (30 feet) from the point where they intersect,
- in a case where the lot boundaries abutting the intersecting roads are joined by a curve, the area between the chord joining the beginning and ending of such curve and the road line.
See attached schedule ‘A’
8. FENCING AROUND SWIMMING POOLS
The fencing that is required to enclose swimming pools shall be referenced in the “Swimming Pool” by-law. If there are any conflicts between the “Fence by-law” and the “Swimming Pool” by-law, the most restrictive clause shall prevail.
9. SHRUBBERY AND HEDGES IN LIEU OF FENCING
If one chooses to use shrubbery or hedges in lieu of a wooden fence on a property lot line as defined by a registered survey, the party who planted the barrier is only allowed to maintain the barrier from his or her own side of the property.
10. MAINTENANCE OF FENCE
The owner of the land on which a fence is erected shall maintain such fence in good state of repair as follows:
- the fence is complete and in a structurally sound condition and plumb and securely anchored;
- the fence is protected by weather-resistant materials;
- the fence components are not broken, rusted, rotten or in a hazardous condition;
- all stained or painted fences are maintained free of peeling;
- the fence does not present an unsightly appearance deleterious to the abutting
11. ADMINISTRATION AND ENFORCEMENT
Any fence in existence a the date of passing of this By-Law, which does not conform to the provisions herein, and which anytime thereafter, is in need of replacement or reconstruction, shall be built in conformity with the provisions of this By-Law.
- The Municipal By-Law Enforcement Officer, upon written complaint by a property owner of the Township of Asphodel-Norwood and/or by direction of a resolution passed by the Council of the Township of Asphodel-Norwood, shall administer and enforce the provisions of this By-Law.
- Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of cots as prescribed by the Provincial Offences Act. R.S.O. 1990.
- Every provision of this By-Law is declared to be severable from the remainder of the By-Law, and if a court of competent jurisdiction shall declare any provisions of this By-Law in valid, such declaration shall not affect the validity of the remainder of the By-Law.
12. DISPUTES RESPECTING FENCES
Section 2 of The Line Fences Act states that the Council of every local municipality shall by by-law appoint such number of fence-viewers as are required to carry out the provision of The Line Fences Act.
Section 4 of The Line Fences Act states that an owner may request fence-viewers to view and arbitrate the matters in dispute respecting the fence. Following the viewing, the fence-viewers shall make an award respecting the matters in dispute. The award shall state that a fence shall be constructed and maintained and kept up to mark the boundary between adjoining lands, and shall specify the location of the fence, the description of the fence, including the materials to be used, the date by which the construction or reconstruction shall be commenced, and the date by which such work shall be completed, and the proportion of the costs to be paid by each party.
If the parties involved have a dispute with respect to the location of the fence, the materials being used to construct or reconstruct the fence, the apportionment of the cost of constructing or reconstructing the fence, or other related issues, the owner may notify, in the prescribed form, the Clerk of the local municipality in which the land is situate, that the owner desires fence-viewers to view and arbitrate the matters in dispute.
Section 10 of The Line Fences Act provides that an owner dissatisfied with the award may appeal therefrom to the referee for the appeals division, within fifteen days of receiving a copy of the award. The decision of the referee is final.
