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Hamilton By-law 10-142, s. 2(a) — Fence By-law

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lot situated at the intersection of two or more streets or a lot abutting on one or more parts of the same street where such intersections have an angle of intersection of 135 degrees or less; or

  • (b) a lot located on the curve of a street where the angle of intersection of the projected tangents of the street line does not exceed 135 degrees; "corner visibility triangle" means a triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 5.4 m from their point of intersection; "Director" means the City's Director of Municipal Law Enforcement and his or her designate or successor; Fence By-Law No. 10-142 Page 3 of 10 "driveway visibility triangle" means a triangular area formed by the intersection of the lateral limit of the travelled portion of the driveway and the street line or the projections thereof and a straight line connect them 2.7m from their point of intersection; "farm" means an agricultural operation as defined in the Farming and Food Production Protection Act, 1998 and includes such an operation that is not carried on with the expectation of gain but otherwise meets the definition in that Act; "fence" includes:
  • (a) a railing, wall, line of posts, wire, gate, boards, pickets, latticework, or any combination thereof, or other similar erection used for the purposes of enclosing or dividing in whole or in part a lot, establishing a lot line or providing privacy; and
  • (b) a hedge or grouping of shrubs used for the purposes listed in subsection
  • (a) located in

a corner visibility triangle or a driveway visibility triangle or within 3.0m of a street line, but does not include:

  • (c) any vegetation, including a hedge or grouping of shrubs used for the purposes listed in subsection (a), not located in a corner visibility triangle or a driveway visibility triangle or within 3.0m of a street line; or
  • (d) a see-through screen erected to contain a recreational activity such as a chain-link fence erected around a tennis court; "height", unless otherwise defined in this By-law, means the vertical distance measured between the finished ground adjacent to a fence and the highest point of the fence, provided that where a fence is located on top of a retaining wall, "height" means the vertical distance measured between the top of the retaining wall and the highest point of the fence; "lot" means a parcel of land which can be legally conveyed pursuant to the provisions of the Planning Act; "lot line" means the boundary of a lot including the vertical projection thereof; "maintain" includes "have", "construct" or "repair"; "officer" means a person appointed by the City of Hamilton or assigned by the Director to enforce this By-law; "street" means a public highway or road allowance having a minimum width of 12.0m; "street line" means any lot line that divides a lot from a street; and "zone" means any land use zone established in the zoning by-laws of the City and passed under the Planning Act or any predecessor or successor Act. Fence By-Law No. 10-142 Page 4 of 10 PROHIBITIONS

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