COUNCIL REPORT: Regulation of Fences

Regulation of Fences

RECOMMENDATION:

THAT this report be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To review zoning regulations in relation to the construction of fences on private property.

TIME CRITICAL:

Not at this time.

BACKGROUND:

Council provided the following direction to staff at the January 20, 2015 Council meeting:

THAT staff prepare a report in regard to the implications as identified by Mr. Miller in his letter dated January 2, 2015 regarding the construction of a fence along the side of his property.

The comments from Mr. Miller are attached to this report.

In September 2014, a new zoning bylaw was adopted which included regulations around fences and retaining walls. The regulations for fences were similar to the provisions in the previous bylaw with respect to fence height and location.

An extensive consultation process was undertaken to draft the new zoning bylaw. At the time, fences and the relationship of a fence to a retaining wall, and the height of fences in the front yard were the main issues. Fences are built for any number of reasons—to delineate the extent of a property; for security of children, pets, commercial goods and gardens; and for privacy.

As is typical with most municipalities, the zoning bylaw provides regulations with respect to fences and retaining walls. Under the zoning bylaw, fences are not considered to be structures and are therefore not subject to minimum setback requirements. A building permit is not required for a fence.

POLICY IMPLICATIONS:

Zoning is a tool that provides certain entitlements to a property owner. While consultation with neighbours is considered to be best practice, it is not something that can be required when an entitlement has been granted. The issue of trespass is a private matter between property owners and the zoning bylaw is therefore silent on this issue.

In many situations a fence is being shared between neighbours and it is located right on a property line. In a situation where it isn't being shared, it would be common courtesy to consult with the adjacent property owner to advise of the plans and work out any details around the construction of the fence. The challenge comes in these rare situations where consultation does not occur. In the event of one property owner causing damage to another property, the recourse is through either negotiation with the neighbor or the judicial system. Where a resident believes that a fence does not meet the requirements of zoning with respect to matters such as height, a written complaint to bylaw enforcement is another option that is available.

The notion that the zoning bylaw privileges one property owner over another is incorrect. Zoning sets out the regulations that apply equally to all properties within a jurisdiction. The only exceptions to this are situations where a variance is granted by Council, after public process.

If Council wishes to further regulate fences, it may be possible to require a building permit for them (there are very few municipalities that do this). At this time, staff believe that the process is generally working and this response is not warranted.

With respect to views, this issue is not explicitly addressed in the zoning bylaw and is a matter that would be very complex to attempt to regulate. Generally speaking, many municipalities work to protect or frame views from public vantage points but do not attempt to regulate private views. Staff note that in terms of obstructing views, a fence may be the least obtrusive option. Many forms of hedges, which effectively act as a fence, grow to be much higher than 2.0 meters. Landscaping is not something that can be regulated through zoning.

ALTERNATIVES TO STAFF RECOMMENDATION:

If Council wishes to re-open a community conversation about fences, staff can bring back a proposal for a process to accomplish this.

RECOMMENDATION:

THAT this report be received for information.

Attachments:

1. Letter from Mr. Miller