Aurora By-law 6429-22, s. 1.1(a) — Fence and Pool Enclosure By-law

“Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23, as it may be amended or replaced from time to time;

• (b) “CBO” means the Chief Building Official of the Town as appointed pursuant to the Building Code Act;
• (c) “Clerk” means the Clerk of the Town as appointed pursuant to the Municipal Act, 2001, S.O. 2001, c. 25;
• (d) “Council” means the Council of the Town;
• (e) “Director” means the department head responsible for the By-law Services Division of the Town, or his/her designate or successor; By-law Number 6429-22
• (f) “Driveway” means any space on private property used, or intended to be used, by vehicles to park or to access parking;
• (g) “Fence” means a barrier, including one for noise attenuation, or any structure, except a structural part of a building, that wholly or partially screens from view, encloses or divides a yard or other land, or marks or substantially marks the boundary between adjoining land, and includes any hedge or shrub that has the same effect;
• (h) “Front Yard” means the space, extended to the full width of the lot, including any side Lot Lines, between the main front wall of the building and the Lot Line abutting a Public Highway, but on a corner lot means the space, extended to the full width of the lot, including any side Lot Line, between the shorter Lot Line abutting a Public Highway, other than a public lane, and the nearest wall of the main building on the lot;
• (i) “Guard” means as defined under Ontario Regulation 332/12, the Building Code of Ontario, or amended or successor thereof;
• (j) “Height” means the vertical distance above grade of ground level or, if another reference point is specified, vertical distance above the other reference point;
• (k) “Lot Line” means the boundary line of a lot that marks the division of properties;
• (l) “Multiple Residential Property ” means land that is not a Single Residential Property and that is primarily used for residential uses, and also includes land used for hotels and vacant land that abuts a Multiple Residential Property, as prior defined;
• (m) “Municipal Act ” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or successor thereto;
• (n) “Non-Residential Property ” means land that is used for purposes other than for residential use, and includes land that is used for both residential and other uses, and also includes vacant land abutting Non-Residential Property, as prior defined;
• (o) “Officer ” means a person appointed by the Town as a Municipal Law Enforcement Officer;
• (p) “Open-Fence Construction ” means a Fence construction that provides motorists and pedestrians with an unobstructed view of people, vehicles and their movements through the entire length of the Fence;
• (q) “Outside ” when used in reference to a Swimming Pool Enclosure, means the side external to the enclosed area in which the pool is located;
• (r) “Owner ” means all registered owners of a property and also includes:
• (i) the owner in trust,
• (ii) a mortgagee in possession, By-law Number 6429-22
• (iii) any Person that is managing the property or is responsible for managing the property,
• (iv) any Person who collects rent on the property or is responsible for collecting rent on the property, and
• (v) any lessee or occupant of the property;
• (s) “Parking Lot ” means any space on private property used, or intended to be used, by vehicles to park or to access parking that is not on a Single Residential Property;
• (t) “Person ” includes an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative;
• (u) “Public Highway ” means any highway as defined under the Municipal Act and includes any street, road, sidewalk, boulevard, lane or any other portion of a highway;
• (v) “School ” means any land or premises used for, or intended to be used for,

a school site as defined under the Education Act, R.S.O. 1990, c. E.2;

• (w) “Single Residential Property ” means and includes:
• (i) a property that is used for not more than two dwelling units in a detached or semi-detached building, and
• (ii) vacant land abutting Single Residential Property as defined in subparagraph
• (i) above;
• (x) “Snow Fence ” means any Fence used to force drifting snow to accumulate in a predictable place, and which is usually constructed of plastic mesh, lightweight wood strip, or wire fencing;
• (y) “Swimming Pool ” means any outdoor structure or thing located on privately owned property that is capable of being used for swimming, wading or bathing and in which the water depth at any point can exceed 600 millimetres, excluding all naturally occurring bodies of water and areas used for storm water management;
• (z) “Swimming Pool Enclosure ” means a Fence, wall or other structure, including any permitted door, gate or other opening, which surrounds and restricts access to an outdoor Swimming Pool;
• (aa) “Swimming Pool Enclosure Permit ” means a written permit issued by the Town pursuant to this by-law authorizing the erection, construction, placing or maintenance of a Swimming Pool Enclosure;
• (bb) “Temporary Enclosure ” means a Fence, wall or other structure, including any permitted door, gate or other opening, which temporarily surrounds and restricts access to an outdoor Swimming Pool or the site on which a Swimming Pool is being constructed; By-law Number 6429-22
• (cc) “Town ” means The Corporation of The Town of Aurora and/or the geographical limits of the Town of Aurora, depending on the context of the provision in which the term appears;
• (dd) “Zoning By-law ” means the Zoning By-law of the Town of Aurora as amended or successor legislation thereto.