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Kingston : Règlement no 2003-405, art. Part 1 — Definitions For the purposes of this Bylaw

Fence By-law

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Definitions For the purposes of this Bylaw:

  • Above ground pool fence - means a pool fence with a minimum height of 0.3 metres (1 foot) that is securely mounted to the upper edge of the wall of an above ground pool." Agricultural property - means a property that is zoned for agricultural use in the zoning bylaw that applies to the property; Appeals Committee and Committee - mean the committee established by the Council Procedure Bylaw (No. 98-1, as amended) and includes any successor committee designated by City Council to carry out the committee’s responsibilities under this bylaw; Change to a fence - includes the alteration, reconstruction and replacement of an existing fence, but does not include normal maintenance and repair; City and City of Kingston - mean The Corporation of the City of Kingston, as incorporated on January 1, 1998; Construct a fence - means to construct, erect, build, install, alter, reconstruct or replace a fence, or to cause or permit another person to do so, and "construct a pool fence" has a corresponding meaning; Construct a pool - means to excavate for, construct, build or erect a pool, or to cause or permit another person to excavate for, construct, build or erect a pool; Council and City Council - mean the Council of the City of Kingston; Fence - means a structure or partition made of wood, metal or other substance that is constructed for any purpose, such as marking the boundary of a property, enclosing a property, providing privacy, preventing access by people or animals, or dividing a property into sections, and includes every door, gate and other closure that forms part of a fence; Finished grade - means the elevation of the finished surface of the ground where it abuts a fence or other structure; Height - means the distance between the finished grade and the top of the fence measured from the exterior face, using the average height between support posts where the fence is constructed on a sloping finished grade. Highway - includes all land between the lateral boundaries of every provincial and municipal highway within the City; Industrial property - means a property that is zoned for industrial use in the zoning bylaw that applies to the property; Manager - means the Manager, Building Services, his or her designate or, in the event of organizational changes, another employee designated by Council; Multi-unit dwelling - means a building containing 4 or more dwelling units." Non-residential property - means a property that is zoned for a use other than residential in the zoning bylaw that applies to the property;

Owner - means the individual, firm or corporation that is the registered owner of a property, and includes a lessee, tenant, mortgagee in possession, and the person or persons in charge of the land; Person - has the same meaning as in the Interpretation Act and includes a corporation; Pool - means a privately-owned outdoor body of water, whether above or below the finished grade, used by persons for the purpose of swimming, that is contained in part or in whole by artificial means and in which the depth of water can exceed 60 centimetres (24 inches) at any point, and includes every structure known as a hot tub, whirlpool and spa, but does not include any naturally occurring body of water; Pool area - means a pool and any surrounding platforms, walkways, play areas and landscaped areas within a pool fence; Pool fence - means a fence that encloses or results in the enclosure of a pool; Property - means a parcel of land and any buildings or other structures on the land; Public property - includes any property to which the public is customarily admitted; Residential property - means a property that is zoned for residential use in the zoning bylaw that applies to the property; Sight triangle - has the same meaning as in the zoning bylaw that applies to the property; and Zoning bylaw - means a bylaw under section 34 of the Planning Act that restricts the use of land.

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