That the Safety and Facilities Services Committee recommend to City Council:
Whereas the Fence and Sight Triangle By-law 23-2014, as amended (“Fence and Sight Triangle By-law”) is a by-law to regulate the height of fences, natural features and objects in certain circumstances within the City of Oshawa (“City”); and,
Whereas the Boulevard By-law 136-2006, as amended (“Boulevard By-law”) is a by-law to regulate the maintenance, occupancy, use of, and other matters pertaining to, those portions of public highways under the jurisdiction of the City known as boulevards; and,
Whereas staff regularly review the City’s by-laws to identify opportunities to enhance municipal regulatory standards; and,
Whereas a review has identified an opportunity to implement the following amendments to the Fence and Sight Triangle By-law:
- Increase the clarity of applicable standards by renaming the definition of “Sight Triangle” to “Corner Sight Triangle” as standards for Sight Triangles relate to the Sight Triangle at the corner of a Corner Lot.
- Eliminate sight obstructions within the Driveway Sight Triangle by amending the definition of “Height” to address fences, natural features, etc. on top of retaining walls within the Driveway Sight Triangle to be measured between the finished grade of the driveway and the highest point of the fence, natural feature, thing or object.
- Remove Legal Non-Complying (i.e. “grandfathering”) for fences, natural features, things or objects located within the “Corner Sight Triangle” or “Driveway Sight Triangle” as they pose a risk to health and safety.
Whereas a review has identified an opportunity to implement the following amendments to the Fence and Sight Triangle By-law and the Boulevard By-law:
- Remove the appeal process for remedial work orders to ensure that compliance is achieved in an effective and timely manner, consistent with the enforcement approach in Lot Maintenance By-law 127-2007, as amended;
Therefore be it resolved that based on SF-24-01 dated January 10, 2024, Council approve a by-law in a final form and content acceptable to Legal Services and the Commissioner, Safety and Facilities Services Department to:
- Amend Fence and Sight Triangle By-law 23-2014, as amended to increase clarity in reference to corner sight triangles and to address sight obstructions on top of retaining walls located within the driveway sight triangle to enhance public safety; and,
- Amend Fence and Sight Triangle By-law 23-2014, as amended and Boulevard By-law 136-2006, as amended to remove the appeals process for remedial work orders to ensure effective and efficient compliance with the respective by-laws.