HomeMy WebLinkAboutBy-law No. 2011-065 - Amend c.630 - FencesBY-LAW NUMBER ~ ~' ~~ (~
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 630 of The City of
Kitchener Municipal Code with respect to Fences.)
WHEREAS it is deemed expedient to amend Chapter 630 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. Article 1 is hereby amended by adding the following definitions and renumbering
all definitions therein accordingly:
""Corporation" shall mean The Corporation of the City of Kitchener;
"Exterior side lot line" shall mean the longest lot line abutting a street with respect
to a corner lot;
"Officer" means any municipal law enforcement officer or by-law enforcement
officer of the Corporation;
"owner" means the registered owner, occupant or tenant of a property, or a
person who, for the time being or permanently, is managing or receiving the rent
from a property, whether on his or her own account or on account of an agent or
trustee of any other person, or any one of the aforesaid;
"parking space" shall mean a parking space as defined by the Zoning By-law;".
2. Section 630.2.1 is hereby amended by deleting the following words therefrom:
"in the City".
3. Article 2 is hereby amended by adding the following section thereto:
"630.2.2
No owner shall have, allow to remain, or fail to remove a fence that does not
comply with the provisions of this Chapter."
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4. Section 630.3.1 is hereby amended by deleting the words "Director of Traffic and
Parking" and substituting the following words therefor:
"Corporation's Director, Transportation Planning".
5. Section 630.4.1 is hereby repealed and the following substituted therefor:
"630.4.1
A fence located on an interior lot shall conform to the following regulations:
(a) a fence within the front yard shall not exceed a height of 0.91 metres (3
feet);
(b) a fence within any rear yard or interior side yard shall not exceed a height
of 2.44 metres (8 feet);
(c) no fence shall block access to a parking space required by the Zoning By-
law unless such fence is constructed with a gate at least 2.59 metres (8.5
feet) wide giving access to such parking space."
6. Section 630.5.1 is hereby repealed and the following sections are substituted
therefor:
"630.5.1
Every fence on a corner lot:
(a) within a front yard shall have a maximum height of 0.91 metres (three
feet);
(b) within an interior side yard shall have a maximum height of 2.44 metres (8
feet);
(c) within an exterior side yard or rear yard shall have a maximum height of:
i) 0.91 metres (three feet) if less than 1.5 metres (5 feet) from the
exterior side lot line or less than four metres (13 feet) from the
nearest edge of the traveled portion of the road.;
(ii) 1.82 metres (six feet) if at least 1.5 metres (5 feet) from the exterior
side lot line but less than 4.57 metres (15 feet) from the exterior
side lot line; and
iii) 2.44 metres (8 feet) if at least 4.57 metres (15 feet) from the exterior
side lot line;
(d) within a corner visibility triangle or driveway visibility triangle shall have a
maximum height of 0.91 metres (three feet); and
(e) shall not be located or constructed so as to block access to parking space
required by the Zoning By-law unless such fence is constructed with a
gate at least 2.59 metres (8.5 feet) wide giving access to such parking
space."
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7. Section 630.7.1 is hereby amended by deleting the words "clause (a)" following
"Notwithstanding clause (a) of Section 630.4.1 and" and substituting therefor:
"clauses (a) and (b)".
8. Section 630.8.1 is hereby repealed and the following substituted therefor:"
"630.8.1
No fence, or portion thereof, shall be constructed of barbed wire, except:
(a) where the fence is situated on land in an agricultural zone as designated
by the Zoning By-law and used for the purposes of keeping livestock;
(b) where the barbed wire is located on the top of a fence that is situated in a
commercial or industrial zone, as designated by the Zoning By-law,
provided that it projects inwards to the area enclosed by the fence; or
(c) where the barbed wire is located on the top of a fence that has been
erected for security reasons around any recreational, operational or
storage facility owned, operated or maintained by the Corporation."
9. Section 630.9.1 is hereby repealed and the following substituted therefor:
"630.9.1
Any fence equipped with a device for transmitting an electric current thereon or
there through must comply with all applicable laws and regulations."
10. Section 630.10.1 is hereby repealed and the following substituted therefor:
"630.10.1
No fence shall be located or allowed to remain on property of the Corporation
unless:
a) such fence conforms to all requirements as prescribed herein;
b) where the fence is not being installed by the Corporation, its employees,
or agents, written permission of the Corporation has been obtained."
11. Article 10 is hereby amended by adding the following section thereto:
"630.10.2
Where a person obtains written permission of the Corporation to install a fence
on Corporation property, such permission is conditional upon the person:
a) meeting the requirements of this Chapter respecting the fence;
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b) agreeing to remove the fence from property of the Corporation at their own
expense within 10 days after the sending by registered mail of written
notice to do so by the Corporation to the address last known to the
Corporation;
c) agreeing that if they fail to remove the fencing when the Corporation has
sent notice to do so, that the Corporation may remove the fencing at that
person's expense and shall be entitled to dispose of any materials
removed from the Corporation's property at the expense of that person:
and
d) producing a copy of such written permission upon the request of an
Officer."
12. Section 630.11.1 is hereby amended by deleting the words "in the City"
therefrom.
13. Section 630.11.4(c)(i) is hereby amended by adding the following words to the
end of the sentence "measured from the exterior side of the fence".
14. Section 630.12.1 is hereby amended by deleting the word "City" and substituting
the words "City of Kitchener" therefor.
15. Article 17 is hereby amended by adding the following section thereto:
"630.17.2
An Officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine whether or not this Chapter is being complied
with. Entry to any place actually being used as a dwelling unit shall be subject to
the requirements of the Municipal Act, 2001, S.O. 2001, c. 25."
16. Article 17 is further amended by adding the following section thereto:
"630.17.3
For the purposes of an inspection pursuant to this Chapter, an Officer may:
a) require the production for inspection of documents or things relevant to the
inspection;
b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c) require information from any person concerning a matter related to the
inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection."
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17
of
Article 17 is further amended by adding the following section thereto:
"630.17.4
If a person fails to do a matter or thing, including comply with an order under this
by-law as directed or required by this by-law, the Corporation may, in default of it
being done by the person directed or required to do it, do the matter or thing at
the person's expense. The Corporation may enter upon land at any reasonable
time to do such matter or thing and may recover the costs of doing a matter or
thing 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."
PASSED at the Council Chambers in the City of Kitchener this ~ ~ day
A. D. 2011.
Mayor
Clerk