Kingston By-law 2005-100, s. Part 1 — Definitions For the purposes of this Bylaw

Definitions For the purposes of this Bylaw:

• Accessory Building means a detached building, out-building or the use of which is incidental to the primary use of the Property; Adequate means equal or amounting to what is sufficient, fitting, suitable, equal to what is required; Administrative Penalty means an administrative penalty imposed pursuant to City of Kingston Bylaw Number 2020–69, being "A Bylaw to Establish a Process for Administrative Penalties"; Air-Conditioning System means a mechanical system designed to cool air from a central location and distribute it to and from rooms by one or more fans and ductwork; Appeals Committee means the committee referred to in Section 15.6 of the Building Code Act, 1992, S.O. 1992, c. 23 as amended to hear appeals of Property standards orders issued under this Bylaw; Basement means that space of a building that is partly below grade, has half or more of its height, measured from floor to ceiling, above average finished grade; Bathroom means a room containing a bathtub or shower with or without water closet and wash basin; Built Heritage Specialist means a person with heritage experience and who is a member of the Canadian Association of Heritage Professionals and/or a member of the Royal Architectural Institute of Canada; Cellar means that space of a building that is partly or entirely below which has more than half of its height, measured from floor to ceiling, the average finished grade; Character defining element (Deleted see Bylaw 2015-15) City means The Corporation of the City of Kingston; Crawl Space means an enclosed space between the underside of a assembly and the ground cover directly below, with a clearance less 1800 mm in height; Designated Heritage Property means Property designated under Part or Part V under the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended; Designation Bylaw means a Bylaw enacted by City Council pursuant to Section 29 or Section 41 of the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended that identifies Property and/or a defined area or areas to be of cultural heritage value or interest. Director means the City's Director of Licensing and Enforcement Services or their designate, or in the event of organizational changes, the director of the appropriately titled department; Dwelling means a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part or intended to be used for the purposes of human habitation; Dwelling Unit means one room or two or more rooms connected as a separate unit in the same structure and constituting an independent for residential occupancy by humans for living and sleeping purposes; Farm Buildings means any buildings or structures used in association with a farm use including any of the structures used in farming operations, which may include buildings to house livestock, machinery and crops, but does not include any residential building; Grade means the average elevation of the finished surface of the ground around the perimeter of a building excluding localized depressions such as, sunken terraces, stairwells and window wells. Habitable Room means any room in a dwelling unit used or intended to be used for living, sleeping, cooking or eating purposes; Heritage Attributes shall have the meaning set out in the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended and for greater certainty means:
• in relation to real Property, and to the buildings and structures on the real Property, the attributes of the Property, buildings and structures that contribute to their cultural heritage value or interest and that are defined, described or that can be reasonably inferred:
• in a Bylaw designating a Property passed under Section 29 of the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended and identified as heritage attributes, values, reasons for designation or otherwise;
• in a Minister's order made under Section 34.5 of the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended and identified as heritage attributes, values, reasons for designation or otherwise; in a Bylaw designating a heritage conservation district passed under Section 41 of the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended and identified as heritage attributes, values, reasons for designation or otherwise; or in the supporting documentation required for a Bylaw designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as heritage attributes, reasons for designation or otherwise; the elements, features, or building components that support or protect the Heritage Attributes, without which the Heritage Attributes may not be conserved, including but not limited to roofs, walls, floors, retaining walls, foundations and structural systems; Heritage Conservation District means a geographic district established under Part V of the Ontario Heritage Act, R.S.O.1990, c.O.18, as amended; Heritage Conservation District Plan means a plan adopted by Council under Part V of the Ontario Heritage Act, R.S.O.1990, c.O.18, as amended to provide direction in the preservation of the Heritage Attributes of a Heritage Conservation District; Hoarding means a fence or similar structure used to enclose a property or part thereof which is or intended to be under development, site alteration, or maintenance. Inoperative Condition means not in working condition; Listed Property means Property that City Council has determined to be cultural heritage value or interest; Maintenance means the act of keeping up, preserving or conserving or paying to keep up, preserve or conserve property. Medical Officer of Health means the Medical Officer of Health for the South East Health Unit; Multiple Dwelling means a building containing three or more Units; Multiple Use Building means a building containing both a Dwelling Unit and a Non-Residential Property; Non-Habitable Room means any room in a Dwelling or Dwelling Unit other than a Habitable Room and includes Bathroom, boiler room, laundry, pantry, lobby, communicating corridor, stairway, closet, Basement, boiler room or other space for service and Maintenance of the Dwelling for public use, and for access to and vertical travel between storeys; Non-Residential Property means a building or structure or part of a building or structure not occupied or capable of being occupied in whole or in part for the purposes of human habitation and includes the land and premises appurtenant thereto and all out-buildings, fences or erections thereon or therein; Occupant means any person or persons over the age of 18 years who appears to be in possession of the property; Officer means a Property Standards Officer and/or a Provincial Offences Officer of the City who has been assigned the responsibility of administering and enforcing this Bylaw and includes the Chief Building Official or his or her designate;

Owner means any person having control over any portion of the building or Property and includes:

• the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let; and

a lessee or Occupant of the Property who, under the terms of a lease, is required to Repair and Maintain the Property in accordance with the Standards for the Maintenance and Occupancy of Property; Penalty Notice means a notice given pursuant to sections 2.2 and 2.4 of City of Kingston Bylaw Number 2020–69, being "A Bylaw to Establish a Process for Administrative Penalties"; Person means an individual, firm, corporation, association or partnership; Property means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out-buildings, fences and erections thereon whether heretofore or hereafter erected and includes Vacant Property, Listed Property and Designated Heritage Property; Reasonable means of such an amount, size and or number as is judged to be appropriate or suitable to circumstances or purpose; fit and appropriate to ends in view; Repair includes the provision of such facilities or the taking of any as may be required so that the Property shall conform to the established in this Bylaw, including but not limited to restoring, and mending as a result of decay, dilapidation, or partial destruction (as fire); Residential Property means any Property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any land or buildings that are appurtenant to such establishment and all steps, walks, driveways, parking spaces and fences associated with the Property or its Yard; Sewerage System means the sanitary sewerage system under the control of the Corporation or of a private sewage disposal system company; Sign means any surface upon which there is printed, projected or attached, any announcement, declaration or insignia used for direction, information, identification, advertisement, business promotion or promotion of products, activity or services, and includes a structure, whether in a fixed location or designed to be portable or capable of being relocated, or part thereof specifically designed for the foregoing uses, including but not limited to flags, banners, advertising devices, blimps, balloons and models; Standards means the standards of physical condition and of occupancy prescribed for Property by this Bylaw; Toilet Room means a room containing a water Waterfront Property means that area of water which is capable of use from the land together with that area of land adjacent to water which is necessary to allow use of the above area of water; Yard means the land, other than publicly owned land, around or appurtenant to the whole or any part of a Residential or Non-Residential Property and used or intended to be used or capable of being used in connection with the Property and includes a Vacant Lot.