Report to: General Committee Report Date: June 9 2008

SUBJECT: Fence By-law Amendment

PREPARED BY: W. Wiles, Manager, By-law Enforcement & Licencing

RECOMMENDATION:

That the report entitled “Fence By-law Amendment” be received;

AND That the Fence By-law (By-law 277-97) be amended as outlined in Attachment ‘A’ –Proposed By-law Amendment;

AND that Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

To amend the Town’s Fence By-law #277-97 to ensure that garden structures and other landscaping constructions are regulated. The current by-law exempts these types of structures and thereby allows individuals to circumvent maximum height restrictions for fences. The amendment will also incorporate restrictions on privacy screens and gates/archways/ decorative caps into the Fence By-law.

BACKGROUND:

Markham residents are increasingly using designers and contractors to create extensive rear yard landscaping design elements. In designing the rear yards, the designers are taking advantage of the Fence By-law’s current exemption of garden structures and related constructions from the By-law’s height restrictions. As a result, constructions as high as 4.3m (14 feet) have been erected which are found to be intrusive and offensive to adjoining property owners.

OPTIONS/ DISCUSSION:

The Town’s current Fence By-law set a maximum height of 1.8m (6 feet) for most rear and side yard fences, based on a traditional rear yard fence and other garden structures designed and constructed by the homeowner. The By-law incorporated exemptions to the height restrictions for “minor” constructions such as gates, archways, and design elements incorporated into the fence and exempted the screening of a pool privacy area normally found incorporated into a deck extending out from the dwelling. The intent of the By-law was to provide a uniform height fence around properties and to prevent the construction of high barriers (fences/ screens) in rear yards.

Proposed Amendment

In response to significant residential concerns, staff has reviewed the by-laws of other municipalities and have developed the several amendments to Markham’s Fence By-law in an effort to address problems and better preserve the original intent of the By-law, as follows:

· Amend the Fence By-law to delete the reference to pool patio enclosure in the “Fence” definition

· Delete “Garden Structure” definition

· Delete wording granting an exemption for garden structures

· Add a new section regulating “privacy screens”

· Add a new section regulating “gates/ archways/ decorative caps”

Privacy Screens

The following regulations are recommended to be added to the Fence By-law for privacy screens:

· Be permitted on lands used for residential or commercial purposes only;

· Be erected only in a side yard or rear yard;

· Be more than 4.6 metres (15 feet) from the street line;

· Be more than l.8 metres (6 feet) from any side lot line, unless the privacy screen is located to provide a visual barrier between dwelling units divided by a common wall then the screen may be placed closer to any side lot line;

· Be more than l.8 metres (6 feet) from the rear lot line;

· The privacy screen be no more than 9.7 metres (32 feet) in total length, and no single individual length is longer than 4.9 metres (16 feet);

· The privacy screen be no more than 2.4 metres (8 feet) above ground level or 1.8 metres (6 feet) if constructed on a deck or elevated platform.

Gates/ Archways/ Decorative Caps

The following regulations are recommended to be added to the Fence By-law for gates, archways and decorative caps as part of fences:

· Gates may exceed the height restrictions prescribed in the by-law by a maximum of 30 centimetres (1 foot), subject to the requirements for open construction for fences in front yards;

OPTIONS/ DISCUSSION (cont’d):

· Archways forming part of an entrance may exceed the height restrictions to a maximum of 2.4 metres (8 feet);

· Decorative caps on structural posts may exceed the prescribed height restrictions to a maximum of 15 centimetres (6 inches)

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21^ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

Planning & Urban Design

Legal

RECOMMENDED

BY: ________________________ ________________________

Sheila Birrell Andy Taylor

Town Clerk Commissioner, Corporate

Services

ATTACHMENTS:

Attachment “A”- Proposed By-law Amendment

Attachment “A”- Proposed By-law Amendment

BY-LAW 2008-xx

TO AMEND By-law 277-97, Being a By-law for prescribing the height and description of lawful fences in the town of Markham and for determining how the cost of division fences shall be apportioned

WHEREAS section 11(3) paragraph 7 of the Municipal Act 2001 authorizes a municipal council to pass by-laws relating to structures, including fences;

WHEREAS the Town of Markham has passed By-law 277-97, being a by-law for prescribing the height and description of lawful fences in the Town of Markham;

NOW THEREFORE THE COUNCIL OF THE TOWN OF MARKHAM ENACTS AS FOLLOWS:

1. Subsection 2.1 of By-law 277-97 is repealed and the following section substituted therefore:

“fence” includes a railing, wall, line of posts, wire, gate, boards, pickets, or other similar material, used to enclose or divide in whole or in part a yard or other land, or to establish a property boundary, and or to provide privacy”;

2. Subsection 2.2 of By-law 277-97 is repealed;

3. Subsection 2.0 of the said By-law 277-97 is amended by adding thereto immediately after Subsection 2.14 the following Subsection:

2.15 “privacy screen” means a visual barrier used to shield any part of a yard from view from any adjacent parcel or highway;

and that each following Section is re-numbered accordingly.

4. Subsection 3.1 of the said By-law 277-97 is amended by adding immediately after “fences” in line 1 the following words:

“and privacy screens”;

5. Subsection 3.2 of the said By-law 277-97 is repealed.

6. Section 4.0 of the said By-law 277-97 is amended by adding thereto, immediately after Section C EXEMPTIONS FROM HEIGHT RESTRICTION, Subsection 4.8(a) the following Section:

“D. REQUIREMENTS FOR PRIVACY SCREENS

“4.9 (1) Except as provided in Subsection (2) of this Section, no person shall erect, or cause to be erected, a privacy screen on any land lawfully used for industrial or commercial purposes.

(2) A privacy screen may be erected in a side yard or rear yard, if:

a) it is more than 4.6 metres (15 feet) from the street line;

b) it is more than l..8 metres (6 feet) from any side lot line, provided, however, that where the privacy screen is located so as to provide a visual barrier between dwelling units divided by a common wall, such screen may be placed closer to any side lot line.

c) it is more than 1.8 metres ( 6 feet ) from the rear lot line

d) it is no more than 9.7 metres (32 feet) in total length, and no single individual length is longer than 4.9 metres (16 feet).

e) it is no more than 2.4 metres (8 feet) above ground level or 1.8 metres (6 feet) in height if constructed on a deck or elevated platform

6. Section 4.0 of the said By-law 277-97 is amended by adding thereto, immediately after Section D REQUIREMENTS FOR PRIVACY SCREENS, Subsection 4.9 (2)(e) the following Section:

“E. REQUIREMENTS FOR GATES, ARCHWAYS, DECORATIVE CAPS

Notwithstanding the maximum height requirements for fences in Section 4.0:

4.10 Gates may exceed the height restrictions prescribed by a maximum of 30 centimetres (1 foot);

4.11 Archways forming part of an entrance may exceed the height restrictions to a maximum of 2.4 metres (8 feet);

4.12 Decorative caps on structural posts may exceed the height restrictions to a maximum of 15 centimetres (6 inches)

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS

] DAY OF, 2008.

_________________________________ ________________________________

SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR