HomeMy WebLinkAboutDSD-19-075 - Fence Regulations on Corner Lots - By-law ReviewREPORT TO:Community and Infrastructure ServicesCommittee
DATE OF MEETING: June 17, 2019
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Eric Schneider, Junior Planner, 519-741-2200 ext. 7843
WARD(S) INVOLVED:ALL
DATE OF REPORT:May 21, 2019
REPORT NO.: DSD-19-075
SUBJECT:Fence Regulationson Corner Lots- By-law Review
RECOMMENDATION:
That the Fence By-law be amended to align with the regulations of other local
municipalities and allow a fence of up to 1.82 metres in height in an exterior side yard
with no setback (on the lot line)
BACKGROUND:
In November 2017, Council directed Staff to review the height and setback regulations for fences
on corner lots. Specifically, it asked that the review includea comparison of corner lot regulations
for fences in other municipalities. Staff also conducted public engagement to hear from residents
on this neighbourhood topic.
REPORT:
Kitchener’s Current Regulations for Fences on Corner Lots
(Article 5.1(c) of the Fence By-law)
The City’s current regulations for fences on corner lots (as shown on next pagein figure 1) are
structured so that two regulations vary dependent on each other (Fence Height and Setback
from Property Line). Fence height is dependent on setback to the street line, setback to the
street line is dependent on fence height. In short, privacy fences of 1.82 metres (6 feet) and 2.44
metres (8 feet) must be set back a minimum of 1.5 metres (5 feet) and 4.5 metres (15 feet)
respectively from the side lot line flanking a street.Theintent ofrequiring increased setbacks for
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fences over 0.9 metres is to promote a more attractive streetscape and reduce the “wall effect”
that pedestrians can experience while walking on sidewalks adjacent to tall fences.
Figure 1.City of Kitchener Fence Brochure
Issues with Current Regulations:
Ease of Use:Staffhave experienced many instances of residents of corner lots expressing
annoyance and confusion with the current regulations and get frequent complaints of the
regulations being too convoluted.
Compact Lots: A combination of greenfield scarcity, provincial policiestargeting higher densities,
and market preferencefor low-maintenance propertieshave contributed to the homebuilding
industry trendof smaller, more compact lotsbeing developed in new subdivisions in Kitchener.
It is not unusual to see new lots planned to meet the bareminimum for lot width and yard
setbacks. Corner lot residents often do not have a functional rear yard, and use the side yard
abutting a street for amenity space. Therefore, they tend to bereluctant to give up a significant
portion of that yard in order to meet the fence setback. A typical side yard that abuts a street line
is 4.5 metresdeep. Our current regulations require a 1.5 metre setback for a 1.82 metre high
fence, resulting in the loss of functionality forapproximatelyone third of a resident’s yard. While
permitted to erect a 0.9 metrehighfence on the lot line, that heightis insufficient to achieve
privacy or protection of children and pets.
Committee of Adjustment:If a corner lot residentwould like an exception to the height/setback
regulation, they must apply for a minorvariance through the Committee of Adjustment.
Residents areoftenreluctant or unwilling to go through thisprocess, citing the cost, time delay,
and process. The time delay can be particularlyfrustrating to some residents who intendon
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erecting their fence in the spring but are forced to wait up to 10 weeks for full approval from the
Committee of Adjustment and Council, pushing their fence construction into mid-summer.This
frequently happens with new homeowners moving to Kitchener from other communities which
have less restrictive fence regulations.
Comparison of other Municipalities Regulations for Fences on Corner Lots
Staff began with an initialreview of 6municipalities that are comparable to Kitchener by virtue
of proximity and similar population. This is detailed in the chart below:
CambridgeWaterlooGuelphWindsorLondonOakville
Maximum 2.1 m1.83 m1.9 or 2.4 m2.2 m2.13 m2.2 m
Street Side
Yard Fence
Height
Different height
NoNoYesNoNoNo
requirements
for certain
setbacks from
exterior side lot
line?
Staff found that in all other municipalities reviewed, a corner lot resident is able to erect a fence
of at least 1.83 metres in height right on an exteriorsidelot line. Although Guelphsimilarly has
regulationsfor exteriorside yard setback that varydepending on theheightof the fence, a corner
lot resident is stillable to erect a fence of 1.9 metres directly on the exterior side lot line. Staff
then actively sought out if other municipalities had regulations that would prohibit a fence of 1.8
metres from being erected on an exterior side lot line, and did not find any. The following
municipalities were also checked: Hamilton, Milton, Mississauga, Peterborough,Chatham-Kent,
St. Catharine’s, and Sarnia.
Public Engagement
Online Survey
Staff used the online EngageKitchener platform to conduct a survey. The survey was promoted
on the City’s social media pages and received 147 responses. The survey was open to any
resident regardless of whether they live on a corner lot property or not. About 50% of the
respondents live on corner lot properties.The survey also asked for any additional written
comments, which are included in appendix ‘A’.
Key Findings:
68% of respondents notice fences while walking in their neighbourhood
48% of respondents agree that fences make their neighbourhood more attractive
79% of respondents believe that corner lot property residents should be able to
fence their yard regardless of aesthetics
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42% of respondents believe that the City’s current regulations do not help in
making their neighbourhood more attractive; 29% believe they do
57% of respondents believe current regulations for fences on corner lots are too
restrictive
Engage Kitchener Online Survey
Targeted Mail Out
Staff selected 50 residential corner lot properties from each ward, including single detached
dwellings, semi-detached dwellingsand street fronting townhomes. A survey with the same
questions from the online questionnaire was mailed to a total of 500 households and asked for
a response by mail or scanned to email. The survey received 52 responses, and again
residents were invited to provide additional writtencomments that are attached inappendix ‘B’.
Key findings:
64% of respondents notice fences while walking in their neighbourhood
61% of respondents agree that fences make their neighbourhood more attractive
73% of respondents believe that corner lot property residents should be able to fence
their yard regardless of aesthetics
42% of respondents believe that the City’s current regulations do not help in making their
neighbourhood more attractive; 27% believe they do
60% of respondents believe current regulations for fences on corner lots are too restrictive
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Mailout Survey, 2019
Analysis:
After consideration of the public engagement and research of other municipalities, staff identified
3 main options:
Keep the regulations the same
Reduce the setback requirement by approximately 50% to 0.6 metres (2 feet), or
Align with other municipalities and remove the setback requirement
Staff are of the opinion that if current regulations remain unchanged, the issues identified in this
report would continue,and perhapsescalate with the trend of smaller lots in newer subdivisions.
In addition, feedback from both surveysindicatethat the majority of residents favour changes to
thecurrent regulations. Therefore, the no change option is not recommended. Staff considered
the option of reducing the setback to 0.6 metres (2 feet), but recognizethat this will continueto
be difficultfor residentsto understand andwill not resolvethe issues identified with ease of use.
Further, residents of corner lots wouldremain unhappy about losing a portion of their yardspace.
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The option to align with other municipalities’ corner lot fence regulations will simplify the process
and allow corner lot residents to enjoy their full amenity space, much like a resident on an interior
lot can. Staff are confident that the results of the surveys and the background research
conducted support the option to align with other municipalities and remove the setback
requirement for fences of 1.82 metres in height within exterior side yards.
It is important to note that the regulations for maintaining sight lines within visibility triangles are
not part of this review and those regulationswillremain the same.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority #1- Open Government
Strategic Priority #3- Safe and thriving neighbourhoods
FINANCIAL IMPLICATIONS:
Not applicable
COMMUNITY ENGAGEMENT:
INFORM- This report will be posted to the City’s website with the agenda in advance of the
Committee meeting.The online survey was available on our EngageKitchener Platform. It was
promoted through the City’s social media accounts, including Facebook and Twitter.
CONSULT – Staff utilized 2 delivery formats (online, mail) to conduct surveys that ask for the
community’s opinion on the matter. The survey was first conducted on the City’s Engage
Kitchener online platform and was open to all citizens, regardless of whether they live on a corner
lot or not. Staff believe that fences contribute to the streetscape of a neighbourhood so even
people who live on interior lots or in multi-family dwellings deserve the right to share their opinion
on the matter. A paper copy of the survey was then sent specifically to corner lot property
residents as a “targeted mailout”. This survey was sent to 50 households in each ward for a
total of 500 households.
ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Appendix A- Written Responses. Online Survey
Appendix B- Written Responses. Mailout Survey
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