Wooden fence

Fences

The City's Fence and Sight Triangle By-law regulates fences and natural features (hedges, trees, shrubs, plants etc.). The by-law establishes standards for the maximum height of fences and natural features. It also prohibits the construction of fences using certain hazardous materials.

Pool enclosures are regulated under the Pool Enclosure By-law.

If you're doing any construction work which involves accessing your property through City parkland or if you're a private property owner that wants to install gates leading to City parkland, you must apply for a Park and Gate Access Permit.

Where does the by-law apply?

The Fence and Sight Triangle By-law apply to all lots within Residential, Office, Commercial (excluding the Central Business District Zone) and Mixed Use Zones. Also standards related to Sight Triangles and Driveway Sight Triangles apply to all areas of the City except the Central Business District Zone.

Height standards

The following table details the maximum heights of fences and natural features, as defined in Section 2 of the Zoning By-law 60-94. Fences existing before February 18, 2014, formerly in compliance with the standards in Zoning By-law 60-94, are exempt from the new standards.

View an illustration of Fence and Sight Triangle Standards.

Height standards
Location	Fence	Natural feature Examples: hedges, trees, shrubs, plants
2 m from front lot line	0.9 m	0.9 m
Front yard	0.9 m	No height restriction
Sight triangle¹	0.9 m	0.9 m
Driveway sight triangle	0.9 m	0.9 m
2 m from side lot line	2.2 m	No height restriction
2 m from rear lot line²	2.2 m	No height restriction

Notes:

Where there are conflicting standards, the most restrictive applies.
¹ Height measured from centreline of street.
² Where the rear lot line of one property abuts the front yard of another, fence and natural features located within 1 m of that part of the lot line are limited to a maximum height of 2.2 m.

Other applicable height standards

Fences between a lot in a Residential Zone and a lot in a Commercial, Industrial or Airport Zone are permitted at a height not exceeding 3 m.

Contact Planning Services to obtain site-specific fence and natural feature height standards if your dwelling is located on a through lot.

Exemptions

The following exemptions are under sections 14 and 15 of the Fence and Sight Triangle By-law:

Fences that existed prior to February 18, 2014. (Note: this exemption does not apply to fences that are replaced, reconstructed or substantially repaired.)
A tree that is not within a Sight Triangle or a Driveway Sight Triangle
A fence that abuts or is within railway lands
A noise control barrier or device required by a federal, provincial, or municipal government
A fence erected or a natural feature planted or placed by a federal, provincial, or municipal government
A fence or natural feature that complies with a municipal permit or with a site plan agreement, subdivision agreement or other development agreement to which the City is a party
A fence that delineates an area lawfully used as a tennis court, golf course, baseball diamond, soccer field or football field
A "Guard" that is defined and required by and that complies with the Building Code Act, 1992, S.O. 1992, c. C.23, s.1(1)

Apply for an exemption

Property owners may request an exemption to the Fence and Sight Triangle by-law.

Prior to requesting an exemption, you are encouraged to:

Consult your neighbours prior to seeking an exemption
Meet with Municipal Licensing and Standards staff to discuss your request

Property owners may request an exemption to the by-law by completing an application, paying the applicable fee to Municipal Licensing and Standards, and submitting the following supporting documents:

A site plan depicting the location of all: buildings and proposed buildings, entrances and exits to buildings, landscaping features, driveway, sidewalk, and the location of the proposed fence and/or natural feature exemption
Diagram depicting the proposed exemption including the following information: height, dimensions, type of material, and method of construction

Please note that abutting property owners of properties located within two metres of the property line will be notified of the request and will be invited to provide feedback for consideration. Notified neighbours will have 10 business days to submit feedback for consideration. If no feedback is received, they will not be included further in the exemption process. Once the Director has made a decision, the applicant and all participating neighbouring property owners will be notified of the decision.

If you are not satisfied with the exemption decision, you may request an appeal before the City's Hearings Officer by submitting an Order Appeal Request Form.

Participating neighbouring property owners may also appeal the Director's decision to the City's Hearings Officer. The decision of the Hearings Officer is final and not subject to review including review by any Court.

Failure to comply with the by-law

Failure to comply with the Fence and Sight Triangle By-law may result in issuing a Work Order requiring the property owner to bring their fence and/or natural feature into compliance or an administrative penalty. Work Orders may be appealed to the Hearings Officer by submitting an Order Appeal Application.