Caledon By-law 2017-68, s. 1.1 — In this By-law
Fences By-law
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In this By-law:
- “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as amended; “Chief Building Official” means the Chief Building Official appointed by the Town of Caledon pursuant to the Building Code Act or her or his designate; “Constructed” means to be placed, built or installed by a person or caused or permitted to be placed, built or installed by another person; “Council” means the Council for The Corporation of the Town of Caledon; “Designate” means an employee of the Town of Caledon who has been selected by the Director or Chief Building Official to administer all or part of this By-law on their behalf; “Director” means the Manager, Regulatory Services for the Town of Caledon, her or his designate or, in the event of any organizational changes, a successor position; “Electrical fence” means any fence or attachment thereto which is used to conduct electric current; “Fees By -law” means the Town of Caledon’s Fees By -law, as amended; “Fence” means a structure and any part thereof, which is used to enclose or divide in whole or in part a yard or other land, used to establish a property boundary or used to provide privacy; without limiting the definition of a fence, such definition may include a railing, wall, line of posts, wire, gate, boards or pickets, metal, masonry or any similar materials but shall not include a retaining wall; “Finished grade” means the elevation of the finished ground at the base of a fence or privacy screen and, in the case of a pool enclosure, shall mean the level of the proposed or finished ground on both the interior and exterior of the enclosure; “Guard” shall mean a protective barrier, with or without openings through it, that is around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another; “Height” means the vertical distance measured between the finished grade and the highest point of a fence, privacy screen, pool enclosure or any part thereof, directly above; in the case of a fence, privacy screen or pool enclosure located on top of a retaining wall, height shall mean the vertical distance between the top of the retaining wall and the highest point of the fence, privacy screen or pool enclosure directly above; “Lot” means a parcel or contiguous parcels of land in one ownership which is capable of being legally conveyed in accordance with the Planning Act, R.S.O. 1990, c. P.13, as amended, or is described in accordance with a registered plan of condominium; “Lot line” means any boundary of a lot or the vertical projection thereof; “Lot line, exterior side” means any lot line other than a front lot line which is also a street line; in the case where a lot line abuts a 0.3 metre reserve block, which in turn abuts a street line, such lot line shall be considered an exterior side lot line; “Lot line, front” means, in the case of an interior lot, the lot line dividing the lot from the street; in the case of a corner lot, the shorter lot line abutting a street shall be deemed to be the front lot line except, where the lot lines abutting a street are the same length, the lot line used for the principal entrance to the lot shall be deemed to be the front lot line; “Lot line, interior side” means, except for corner lots, a lot line which intersects a front lot line; for corner lots, interior side lot line means a lot line, other than an exterior side lot line, which intersects the front lot line; “Lot line, rear” means any lot line which is not a front lot line, an exterior side lot line or an interior side lot line; “Noise attenuation barrier” means a barrier which may be made of wood, concrete panels or other materials and which is designed to suppress noise and sound; “Ontario Building Code” means the Ontario Building Code established under the Building Code Act; “Owner” means the person holding registered title to the land, who owns or has charge or is in control of the lot, land or other structure or part thereof, and includes a lessee, tenant, occupant or a mortgagee in possession thereof; “Person” means an individual, association, firm, partnership, corporation, trust, incorporated company, corporation created under the Condominium Act, 1998, S.O. 1998, c. 19, as amended, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law, and includes the directors and/or officers of a corporation and an owner; “Pool enclosure” means a fence, wall or combination thereof, including doors and gates built to surround a privately owned outdoor swimming pool; “Pool enclosure permit” means a permit issued under this By-law for a pool enclosure; “Privacy screen” means a structure used as a visual barrier to shield any part of a yard from view of any adjacent lot or street; “Service entrance” shall mean the entrance into a building which is normally used by person s accessing the building for the purpose of delivering goods or rendering maintenance service as opposed to the main or principal entrance; “Sight triangle” means the triangular space on a lot formed by two intersecting street line s and a line drawn from a point on one street line across such lot to a point in the other street line, each such point being the required distance from the point of intersection of the street line s (measured along the street line s), and where the two street line s do not intersect at a point, the point of intersection of the street line s shall be deemed to be the intersection of the projection of the street line s or the intersection of the tangent to the street line s, and the distance from the point of intersection of the street lines and forming the sight triangle shall be 9 metres, except where one of the street lines is a Regional Road, where the distance shall be 15 metres; “Street” means a public thoroughfare under the jurisdiction of either the Town, the Region of Peel or the Province of Ontario, but does not include a private lane, a private right-of- way or a private road; “Street line” means the limit of a street and is the dividing line between a lot and a street; “Swimming pool” shall mean a body of water located outdoors, above-ground or in-ground, on privately owned property, contained in whole or in part by artificial means, designed to contain water to a depth of 610 millimetres or more, used or maintained for swimming, diving or bathing, and which is not a pond located on land zoned agricultural by the Zoning By-law and used for agricultural purposes; “Town” means The Corporation of the Town of Caledon; “Town designate” means a person who is an employee of the Town, and who has been appointed by Council to administer and/or enforce all or part of this By-law on behalf of the Town, and shall include any and all municipal By-law enforcement officers; “Yard” means an open, uncovered space on a lot, appurtenant to a building and unoccupied by buildings except as specifically permitted under the Zoning By-law; “Yard, exterior side” means the yard extending from the exterior side lot line to the nearest wall of the main building on the lot; an exterior side yard does not include any portion of the front yard but shall extend to the rear lot line and incorporate any portion of the rear yard between the exterior side lot line and where the two yards initially intersect; “Yard, front” means a yard extending across the full width of the lot between the front lot line and the nearest front wall of the main building located on the lot; “Yard, interior side” means a yard extending from the interior side lot line to the nearest side wall of the main building on the lot but does not include any portion of the front yard or rear yard; “Yard, rear” means a yard extending across the full width of the lot between the rear lot line and the nearest rear wall of the main building located on the lot; “Zone” or “Zoned” means a designated area of land use in accordance with the Zoning By- law; “Zoning By -law” means the Town ’s Zoning By-law, as amended.
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