Fence Height By-law - Chapter 438

Boulevard - defined

“boulevard” means that portion of the road allowance lying between the adjacent property line and the edge of the travelledportion of the highway or the edge of the shoulder, where such exists, furthest from the travelled portion of the highway.

Director – defined

“Director” means the City’s Director of By-law and Security and/or their designate. By-law 148-2024 29, October, 2024

Engineer - defined

“Engineer” means the person who may from time to time be appointed by the Council of The Corporation of the City of Brantford tothe position of Engineer or his/her duly authorized representative.

Exterior side yard - defined

“exterior side yard” means a yard extending from the minimum front yard to the rear lot line between the exterior side lot line andthe nearest part of any wall of the main building on a corner lot.

Fence - defined

“fence” includes any wall, fence or similar structure of wood, brick, stone, metal, wire or any other similar material.

Front yard - defined

“front yard” means the yard extending across the full width of a lot between the front lot line and the nearest part of any wall of anybuilding or structure on the lot.

Height - defined

“height” means the distance measured from the ground level at the base of the structure to the highest point of the structure. In thecase of a boundary fence, where the ground level is not the same on both sides of the boundary, the higher of such levels shall be considered as ground level for the purposes of the fence. 

Highway - defined

“highway” means a common and public highway, and includes a street and a bridge forming part of a highway or on, over, acrosswhich a highway passes.

Interior side yard - defined

“interior side yard” means a yard extending from the required front yard to the minimum rear yard between the interior side lot lineand the nearest part of any wall of the main building on the lot.

Officer – defined

“Officer” means a Municipal Law Enforcement Officer appointed under any federal or provincial statute or regulation or City by-law or any other person assigned or appointed by Council of the City to administer or enforce this By-law and includes a person employed by the City whose duties are to enforce this By-law. By-law 148-2024 29, October, 2024

Owner - defined

“owner” includes the person for the time being managing or receiving the rent of the land or premises in connection with which theword is used whether on his/her own account or as an agent or trustee of any other person or who would so receive the rent if suchland and premises were let, and includes the assessed owner and, for the purposes of this Chapter, all persons shown by therecords in the Registry Office, or the Land Titles Office, to be the owner in fee simple of the property.

Property – defined

“Property” means land, including a building or structure, or part of a building or structure. By-law 148-2024 29, October, 2024

Rear yard - defined

“rear yard” means a yard extending across the full width of a lot between the rear lot line and the nearest part of any wall of themain building on the lot, and on a corner lot, shall mean a yard extending from the interior side lot line to the minimum exterior sideyard, between the rear lot line and the nearest part of any wall of the main building on the lot.

Yard - defined

“yard” means the space on a lot, uncovered by buildings and structures, open from the ground to the sky.

Erection - contrary to Chapter - prohibited - exception

No fence shall be erected on any property contrary to the provisions of this Chapter except a fence required by statute or regulationof Canada, by any statute or regulation of the Province of Ontario, by the Ontario Hydro Electric Commission, by the BrantfordPublic Utilities Commission, or by an agreement with the City of Brantford relating to a site plan, subdivision, condominium orother development approval, or judgment, order, direction or decision made or given by any court or other duly constitutedauthority having jurisdiction.

Entry - on adjoining land - for repairs - restrictions

An owner of any fence or the agent or employee of such owner, at reasonable times during daylight hours, may enter upon anyadjoining land for the purpose of making repairs, alterations or improvements to such fence but only to the extent necessary toeffect such repairs, alterations or improvements and shall leave the adjoining property in the same condition it was in prior tosuch entry.

Entry - on adjoining land - permission obtained

Prior to making such entry, the owner or the agent or employee of such owner shall make a reasonable attempt to obtain the permission of the owner of the adjoining land. 

Corner lot - height - distance from sidewalk

To prevent persons from crossing boulevards at the corners of highways and damaging the same, the owner or occupant of any premises situated at the intersection of highways, having first obtained permission from the Engineer, may erect and maintain asuitable fence, hedge or railing approved by the Engineer, from such premises to within 0.6 metres of the inner edge of the sidewalk provided that the top of the fence, hedge, or railing so erected shall not exceed 0.6 metres in height above the level of the adjacent sidewalk and provided that any hedge planted will be trimmed to maintain the above dimensions.

Removal - fence - within ten days of notice

The Engineer may upon ten days notice require the removal of any fence approved in accordance with Section 438.2.4 andrequire the restoration of the highway at the expense of the owner or occupant.

Triangular lot - fence - location - height - restriction

No person shall erect, construct, or permit to be erected or constructed any fence or hedge on a corner lot, within the triangularspace formed by the street lines for a distance of 4.6 metres from the point of their intersection, where the height of such fence orhedge exceeds 0.8 metres above the level of the adjacent sidewalk or where no sidewalk exists, the grade as established by theEngineer.

Intersection - angle less than 90 degrees

Where the angle of intersection of two street lines is less than ninety degrees, the distance set out in Section 438.2.6 shall bedetermined by the Engineer. 

Fence - obstructing highway - prohibited

No person shall without lawful authority erect, install, place or maintain or cause or permit the erection, installing, placing ormaintaining of any fence or hedge either wholly or partly upon or over a highway which may obstruct said highway. 

Gate - door - swinging over highway - prohibited

No person shall cause or permit the hanging or maintenance of any gate, door or other thing in such a manner as to allow it toswing over any part of a highway.

Unlawful obstruction - removed - road restored

Any fence or hedge unlawfully upon or over a highway, either wholly or partly, shall be removed and the road restored to itsformer condition, all at the expense of the owner or occupant of the land in connection with which such obstruction exists.

Survey - required - before construction

Every person before fencing or planting a hedge on his/her property along any highway or public place, shall obtain at his/herexpense the correct line of the highway adjacent to and bounding such property from a legally qualified provincial land surveyorwhere it is necessary and the said person shall file in the Engineer’s office plans and data of the said lines when required.

Use - industrial land - only

No fence, except a fence on land used for industrial purposes, shall contain barbed wire or any other barbed material. 

Height - number of strands - requirements

The maximum number of strands of barbed wire, where permitted, shall be 3 strands and shall be installed at a minimum heightof 2.0 metres from the finished grade level and shall not project beyond the external face of the said fence.

Height - maximum - front yard

Any fence or hedge erected in the minimum front yard, as required by the City of Brantford Applicable Zoning By-law as amended, of a residential property shall have a maximum height of 1.0 metres.

Height - visibility requirement - front yard

Notwithstanding Section 438.4.1, a fence within the minimum front yard may be erected to a height of 1.5 metres if the area ofdaylight visible through the fence is at least 50 per cent of the surface area of the fence, and where in the opinion of theEngineer such fence will not result in a visibility problem to vehicular and pedestrian traffic.

Height - maximum - interior - exterior - side - rear

Any fence erected in an interior side yard, an exterior side yard or rear yard of a residential property shall have a maximumheight of 2.2 metres.

Height - maximum - exception

Notwithstanding Section 438.4.3, the maximum height of a fence erected in a rear yard, interior side yard or an exterior side yard shall be 2.5 metres where:

1. where the yard abuts a commercial or industrial property; or
2. where there is a difference of 0.5 metres or more in the elevation of the ground level within 3 metres of the fence.

Elevated deck - privacy screening - exception

Privacy screening for an elevated deck, shall not be subject to the height limitations of Section 438.4.3 provided that thescreening is not within any required yard as defined in the City of Brantford Applicable Zoning By-law, as amended from time totime.

Sound barrier - exemption

The height restrictions set out in Section 438.4.3 shall not apply to any fence constructed as a sound barrier in accordance withMinistry of Environment requirements. By-law 117-94, 13 June 1994.

General fence material - construction

No person shall erect or maintain a fence unless it is:

1. upright;
2. sufficiently sturdy so as not to present a hazard of toppling or collapse;
3. reasonably uniform in height, colour, pattern, and material so as not to appear unsightly; and
4. made of materials of good quality and suitable for the purpose.

Engineer - Director - jurisdiction

Administration of this Chapter shall be under the jurisdiction of the Engineer and the Director. By-law 148-2024 29, October, 2024

Failure to remedy - done by City - owner’s expense

Upon the default of any person to do anything required to be done by that  person  under  this  Chapter,  The  Corporation  of the  City  of Brantford may, upon giving ten days notice, in writing, of its intention to the said person, enter upon the land affectedand do the work or thing required to be done at the expense of the said person.

Expenses - recovery - by action - as taxes

All expenses incurred by the City in doing said works as set out in Section 438.5.2, including but without limiting the generality ofthe foregoing, materials, labour, equipment, administrative and legal expenses, shall be paid by the said person and may berecovered by action in any competent court or be added by the Clerk to the Collector’s Roll and collected in like manner asmunicipal taxes against the land.

Existing fence - conforming - prior to enactment

Nothing in this Chapter shall be interpreted to require the alteration or removal of any fence where the same was in existence priorto the date of the passing of this Chapter and was in compliance with those standards in existence immediately prior to the dateof the passage of this Chapter.

Minor variance - Committee of Adjustment

The Committee of Adjustment of The Corporation of the City of Brantford may, upon the application of any person and upon the payment of an application fee in the amount prescribed by Council from time to time, authorize minor variances from the provisions of this Chapter, provided that the general intent and purposes of the Chapter are maintained.

Fine - for contravention

Every person who contravenes any of the provisions of this Chapter is guilty of an offence and shall, upon conviction thereof,forfeit and pay a penalty pursuant to the provisions of the Provincial Offences Act.

Powers of Entry and Orders

An Officer may enter onto Property at any reasonable time for the purpose of carrying out an inspection to determine whether any provision of this By-law or an Order made under this By-law is being complied with. By-law 148-2024 29, October, 2024

Inspection

For the purposes of conducting an inspection pursuant to this By-law, an Officer may:

1. require the production for inspection of documents or things relevant to the inspection;
2. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
3. require information from any Person concerning a matter related to the inspection; and
4. alone, or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of inspection.

By-law 148-2024 29, October, 2024

Obstruction

No person shall prevent, hinder or obstruct, or attempt to hinder or obstruct an Officer who is exercising a power or performing a duty under this By-law. By-law 148-2024 29, October, 2024

Effective date

This Chapter shall become effective from and after the date of passing of the enabling by-law. By-law 117-94, 13 June, 1994.