HomeMy WebLinkAboutCSD-12-084 - Amendments to Municipal Code Ch 630 (Fences)REPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:
May 28, 2012
SUBMITTED BY: Jeff Willmer, Deputy CAO, Community Services
Department, 519-741-2325
PREPARED BY:
Shayne Turner, Director of By-law Enforcement, 519-741-
2753
WARD(S) INVOLVED: All
DATE OF REPORT: May 22 , 2012
REPORT NO.: CSD-12-084
SUBJECT:
AMENDMENTS TO CHAPTER 630 (FENCES)
RECOMMENDATION:
That a by-law be enacted to amend Chapter 630 (Fences) of the City of Kitchener
Municipal Code, as outlined in Report No. CSD-12-084.
BACKGROUND:
Chapter 630 (Fences) regulates the height and location of front, side and rear yard fences within
the City.
Recent developments have given rise to the need for some administrative revisions to the
Chapter as well as formulate an option for property owners who wish to address privacy issues.
Council may recall a fence variance decision that was the subject of much discussion at a
recent Council meeting. This report will discuss proposed by-law provisions that may assist in
providing options to property owners in order to reduce the types of situations that gave rise to
the circumstances relating to that fence variance situation.
REPORT:
The following is an outline of the administrative changes being proposed by staff.
Definitions
Staff propose to provide a clear definition of what a fence is as well as provide a privacy screen
definition, which draws a distinction between the 2 types of structures. Staff also propose to
amend the definition of how the height of a fence is determined, as well as clearly define certain
lot line definitions such as exterior, interior and front lot lines, to help clarify where certain fence
sections can be placed and how high they can be.
ïï ó ï
Swimming Pool Enclosures
Chapter 630 currently includes regulations relating to fences that are intended to enclose and
protect residential swimming pools. The City’s Building Division currently issues permits for
such pool fences and the inspection process is undertaken by the By-law Enforcement Division.
Given the safety issues associated with residential back-yard swimming pools, staff are
proposing amendments to help ensure more effective administration of the By-law. The 2 key
amendments that staff are recommending are:
1) Provide for a clear requirement that a property owner is required to apply for and
obtain a pool enclosure permit. Until now, the process of issuing these permits has
been effective, however it was discovered that the by-law did not contain a specific
requirement that could be enforced in the event that someone refused to obtain such
a permit. Staff are recommending a requirement that can be used if the
circumstances warrant it.
2) Clearly articulate what is required to ensure that a fence is not easily climbable nor
facilitates easy access to the pool area from adjacent properties. Currently, staff
refer to criteria established as guidelines, such as gaps in the fence, the size of chain
link mesh or construction styles that could be have a ladder like effect. However, in
order to make it clear to perspective pool owners and to ensure consistent
application of the criteria, staff are recommending that the guidelines be incorporated
into the by-law.
Privacy Screens
Staff have noticed an increase in the number of concerns raised in residential areas with
respect to reduced privacy between neighbours, particularly in rear yards. These concerns also
include the use of video cameras, with increasing frequency in residential areas. An example of
such concerns was the subject of a recent fence variance application that was presented for
Council’s consideration.
Given the increase in concerns over privacy, staff have looked at what options other
municipalities provide, and are proposing the concept of a privacy screen that gives a property
owner some options for increased screening in his/her yard while also minimizing the impact on
adjacent properties. The proposed regulations around privacy screens would include:
1) Only 1 privacy screen can be erected on a residential property;
2) The privacy screen must be a minimum distance of 1.2 metres from any
neighbouring property line;
3) The maximum height of the privacy screen is 3 metres; and
4) The overall maximum length of all sections of the privacy screen cannot exceed 12
metres.
th
Staff will provide images of sample privacy screens at the May 28 Community and
Infrastructure Services Committee meeting to help illustrate the concept.
ïï ó î
Materials
Staff are also proposing to clarify, in general terms, what is acceptable fencing material, by
including a provision that requires fences to be constructed of materials that are common to the
fencing industry and prohibit the use of materials that would not normally be found in fence
construction applications (ie. garage doors or sheet metal).
Staff believe the aforementioned recommendations will result in more effective administration
and enforcement of the Fence By-law, while at the same time making it more permissive, rather
than restrictive, in nature. They will provide a distinction between fences and privacy screens,
provide options to people who are concerned about decreased level of privacy in their back
yards and clarify the guidelines used by staff when undertaking inspections of residential
swimming pool fences, which focus on protection against accidental or unintended access to
pool areas.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The aforementioned amendments support the Community Priority of Quality of Life, as
contained in the City’s Strategic Plan.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
The recommendations will be communicated to the public through the efforts of the By-law
Enforcement Division as part of their public information programs, as contained in their annual
Communications Plan.
ACKNOWLEDGED BY:
Jeff Willmer, Deputy CAO, Community Services Department
ïï ó í