Public Meeting Held in Accordance
with the Planning Act with respect to
Zoning By-law Amendments
to Remove Regulations Governing
Fences on Decks and Platforms
The East York Community Council, based on the findings of fact and conclusions,
recommends adoption of the following report (February12, 1999) from the Director of
Community Planning, East District.
The East York Community Council reports having held a statutory public meeting on
March30,1999, in accordance with Section 34 of the Planning Act, and appropriate notice of
this meeting was given in accordance with the Planning Act and the regulations thereunder.
The East York Community Council submits the following report (February12, 1999)
from the Director of Community Planning, East District:
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
March30, 1999.
Recommendations:
It is recommended that City 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-laws 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 fence by-law. Staff anticipate that the by-law will be forwarded to Council for
enactment in the second quarter of 1999.
Community Consultation:
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 Nos. 1916 and 6752 be
amended to remove these regulations.
Contact Name:
Paul Galvin, Planner
Phone 397-4648Fax 397-4582
pgalvin@borough.eastyork.on.ca
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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
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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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The East York Community Council reports, for the information of Council, having also had
before it a communication (March 16, 1999) from Ms. P. Prentice, East York.
