Fencing Rules Kitchener - Bylaw and Regulations Summary
Here is a summary of the fencing rules for the city of Kitchener. Click on each section to learn more.
Fencing Rules Kitchener
1. Interior Lots
If your home is on an interior lot, then the following rules apply:
A) If you have a fence located between the front of your house and the front of your property line:
Maximum height your fence can be is 0.9 m (3 feet)
B) If you have a fence located along your rear property line:
Maximum height your fence can be is 2.4m (8ft.)
2. Corner Lots
If your home is on a lot that is at the intersection of two streets or on two parts of the same street and the connecting sides or the streets form an angle or a curve, then it is considered a corner lot. The angle of the corner also needs to be no more than 135 degrees to be considered a corner lot.
The following rules apply for corner lots:
A) If you have a fence located between the front of your house and the front property line:
Maximum height your fence can be is 0.9 m (3 feet)
B) If you have a fence located along your rear property line:
Maximum height your fence can be is 2.4m (8ft.)
C) If you have a fence located along the corner visibility triangle (see the diagram below):
Maximum height your fence can be is 0.9 m (3 feet) high for 7.5m (25ft.) on either side of the corner triangle.
Visibility Triangles
3. Industrial and Commercial Lots
If you are putting up a fence to enclose the front yard on your industrial or commercial lot, then you need to abide by the following guidelines:
Your fence must be set back at least 7.62m (25ft) from your front lot line
If you are on a corner lot, then your fence cannot be within any corner visibility triangle or driveway visibility triangle.
4. Barbed Wire Fences
You cannot put up a barbed wire fence on a residential lot in Kitchener. Barbed wire fences are only allowed under the following circumstances:
A) Your fence is located in an agricultural zone that has been designated as such by the Zoning By-Law. It also has to be used for keeping livestock.
B) Your fence is located in a commercial or industrial zone that has been designated by the Zoning By-law. The barbed wire however, has to be located at the top of the fence and it has to be projecting inwards to the area that the fence encloses.
C) It is a fence put up by the city of Kitchener around a recreational, operational, or storage facility that the city owns, operates, or maintains. The barbed wire needs to be located on top of the fence.
5. Electric Fences
You cannot put up an electrical fence on a residential lot in Kitchener. You can however, have an electrical fence in an agricultural zone that has been designated as such by the Zoning By-Law. The fence also has to be used for keeping livestock.
6. Swimming Pools
Permits
If you are installing a swimming pool that can hold 0.9m (3ft.) of water or more, then you need to get a permit. Your pool needs to be enclosed with the proper fencing and gating.
Inspections
Both the pool and fencing need to be inspected and approved before you can fill it with water. Make sure to contact the city of Kitchener's building division to get the proper permits before you build your pool and fence.
Swimming Pool Fence Requirements
Height
Your fence, door, and gate need to be at least 1.5m (5ft.) high
Gates
If you have a gate that can be opened from the outside, then it needs to be locked and only left unlocked if a responsible adult is at the pool supervising it.
If you have an above ground pool, then your access ladder or stairs leading up to it must be locked or supervised by an adult when they are left unlocked.
Non-Climbable
Chain link fences: If you put up a chain link fence it needs to be non-climbable. This means that the links in the fence cannot be any larger than 3.81cm (1.5inches) in diameter. It also needs to be 1.5m (5ft.) high.
Space: The space between the grade of your property and the bottom of your fence cannot be more than 10cm (4inches).
Horizontal Components: If you have horizontal structural parts that run throughout your fence, then the vertical distance between these parts must be at least 0.9m (3ft.) apart or no more than 3.81cm(1.5inches) apart.
*Note: You cannot put or lean any type of moveable object against your swimming pool enclosure that would help someont to climb the fence.
7. Fence Post - Caps
Your fence post caps can extend a maximum of 4 inches above the maximum fence height as long as they are not within a corner visibility triangle or a driveway visibility triangle.
8. Fences on Decks or Porches
If you are building a fence on, around, or in conjunction with a porch or deck on your property, the height can exceed the maximum fence heights as long as the fence follows the Ontario Building Code, Ontario Regulation or any other legislation.
9. Fence Variance
If you have a fence that doesn't meet the regulations in the the Kitchener fencing bylaw, then you can apply for a fence variance.
You can download an application form which you then submit to the Kitchener planning division and pay the current fee (at time of posting the fee was $612).
You need to email your completed form to planning.applications@kitchener.ca and then mail the original signed application form and cheque (made out to the City of Kitchener) as soon as possible after you send your email to:
City Hall - Planning Division
Attention: Manager of Development Review
Fence variance process for interior lots:
If you are applying for a variance for an interior lot, all your abutting property owners will be given a written notice outlining your request. They will have a chance to give any comments that they want. City planning staff may also show and get input from other departments of agencies that might have an interest in your applilcation.
Fence variance process for flanking fences on corner lots:
If you have a corner lot, then all of the property owners located within a 30 metre radius will be given a written notice outining your request. They will be able to give any comments that they want. City planning staff may also show and get input from other departments of agencies that might have an interest in your applilcation.
Fence Variance Decision Process:
No concerns: If there are no concerns raised regarding your request, then the process will take about 3 weeks. There may be certain conditions that you will need to fulfill to finalize your variance.
Concerns:
If anyone contacted about your variance has objections, then the city will try to address those concerns and come to a compromise with you. If the concerns are not resolved, or if the city doesn't approve of your request, then you can appeal this decision to the city council.