March 26, 1999
To:East York Community Council
From:Ted Tyndorf, Director of
Community Planning, East District
Subject:Proposed Zoning By-law Amendments
Deck Fences
Ward 1 (East York)
Purpose:
On January 20, 1999, the Director of Municipal Standards reported to the East York Community Council regarding a
conflict in law between the East York Zoning By-law Nos. 1916 and 6752 and the Fence By-law No. 81-89. The
Community Council subsequently requested the Planning Division to prepare amendments the zoning by-laws to remove
regulations governing fence and screen heights on decks. The purpose of this report is to address that issue.
This report is for consideration by the East York Community Council at the public meeting of March 30, 1999.
Recommendations:
That Council approve amendments to Zoning By-law No. 1916 and Zoning By-law No. 6752 to remove regulations
governing fence and screen heights on decks and platforms.
Background:
During the course of investigating a complaint, by-law enforcement staff found that three by-laws regulate the height of
fences or privacy screens on decks in East York.
By-law No. 81-89 is the fence by-law in East York. It was passed under the authority of the Municipal Act and regulates
fences on private property. The by-law permits the construction of a fence on a deck, provided the fence is not more than
1.9 metres (6 feet 3 inches) in height above the deck surface, and provided it is not more than 2.4 metres (7 feet 10 inches)
in height above grade. This by-law applies to all properties in the East York Community.
There are similar regulations in Zoning By-law Nos. 1916 and 6752 that apply to properties in residential zones. The
zoning by-laws establish the same height restrictions as the fence by-law.
The problem with regulating fences in this way is that a person wishing to construct a higher fence must obtain exemptions
from the fence by-law and the applicable zoning by-law. This involves making applications under two separate processes.
Under the Planning Act, a person can seek a minor variance from a zoning regulation by making an application to the
Committee of Adjustment. Under the fence by-law, a person can apply to the Community Council for an exemption. In
theory, a person may be successful in obtaining an exemption from one by-law, but not the other by-law.
Comments:
In the opinion of Planning staff, there is no reason to maintain duplicate regulations for deck fences. It is appropriate to
remove the regulations regarding decks and platforms from the zoning by-laws, rather than from the fence by-law. There
are similar regulations in the draft city-wide Toronto Fence By-law, so deck fences will continue to be regulated through
the city-wide fence by-law. Staff anticipate that the by-law will be forwarded to Council for enactment in the second
quarter of 1999.
Staff are recommending that Zoning By-laws 1916 and 6752 be amended to remove regulations governing deck fences.
Community Consultations:
Notice of this public meeting was given by publication in the Toronto Star.
Conclusions:
In the opinion of staff, it is appropriate to remove regulations governing deck fences from the zoning by-laws in order to
eliminate duplication and conflicts with deck fence regulations in the fence by-
law. Staff are recommending that Zoning By-laws 1916 and 6752 be amended to remove these regulations.
Contact Name:
Paul Galvin, Planner
Phone 397-4648Fax 397-4582
pgalvin@borough.eastyork.on.ca
Ted Tyndorf, MCIP, RPP,
Director of Community Planning, East District Office
Authority:Community Council Report No. __, Clause No. __
as adopted by Council on ____________
Enacted by Council:
CITY OF TORONTO
Bill No.
BY-LAW No.
To amend Zoning By-law No. 6752 of the former Borough of East York
WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this
By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least
one public meeting in accordance with the Planning Act;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Zoning By-law No. 6752 is hereby further amended by deleting subsection 5.6 h) in its entirety and replacing it with a
new subsection 5.6 h) as follows:
"5.6 h)Any wall, partition, separator or screen, forming part of an unenclosed porch which is not supporting a roof or
canopy, and which is attached to or forming part of the Building devoted to the principal use of the Lot on which it is
situated, shall not exceed 1.9 metres in height above the surface of the porch and shall not exceed 2.4 metres in height
above Grade."
ENACTED AND PASSED this day of , A.D. 1999.
Mayor City Clerk
Authority:Community Council Report No. __, Clause No. __
as adopted by Council on ____________
Enacted by Council:
CITY OF TORONTO
Bill No.
BY-LAW No.
To amend Zoning By-law No. 1916 of the former Borough of East York
WHEREAS authority is given to Council by Section 34 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this
By-law; and whereas Council of the City of Toronto has provided adequate information to the public and has held at least
one public meeting in accordance with the Planning Act;
The Council of the City of Toronto HEREBY ENACTS as follows:
1.Zoning By-law No. 1916 is hereby further amended by deleting subsection 5.7 i) in its entirety and replacing it with a
new subsection 5.7 i) as follows:
"5.7 i)Any wall, partition, separator or screen, forming part of an unenclosed porch which is not supporting a roof or
canopy, and which is attached to or forming part of the Building devoted to the principal use of the Lot on which it is
situated, shall not exceed 1.9 metres in height above the surface of the porch and shall not exceed 2.4 metres in height
above Grade."
ENACTED AND PASSED this day of , A.D. 1999.
Mayor City Clerk
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