BYLAW - Fence By law Reenactment - 20051213 - 475305P\._ -~
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4753-0S.P
BEING A BY-LAW for prescribing
the height and description of lawful
fences in the Town of Aurora, and
for requiring the owners of privately
owned outdoor pools to erect arid
maintain fences and gates around
such pools.
WHEREAS the provisions of Section 11(1) of the Municipal Act, RS.O., 2001, as
amended, authorize The Town of Aurora to enact by-laws to regulate the height and
construction of lawful fences ;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
PART 1 -GENERAL
Section 1.1 Title and Scope
1.1.1 This By-law may be cited as the Fence By-law.
1 . .1.2 This By-law applies to all fences in the Town of Aurora.
Section 1.2 Definitions
For the purpose of this By-law the definitions and interpretations given in this section
shall govern.
1.2.1 CORPORATION means the Corporation of the Town of Aurora.
1.2.2 CHIEF BUILDING OFFICIAL means the person, or their designate, appointed
by the Corporation to enforce the provisions of this By-law and the Ontario Building
Code.
1.2.3 FENCE includes any structure having a length in excess of 0.9 metres (3 feet)
which is situated on private property, including a door, gate, structures around the
perimeter of a pool or pool excavation and tennis court, but "fence" excludes
buildings or accessory buildings or structures which do not form part of a pool
enclosure or temporary enclosure and shall conform with the provisions of the
Zoning By-Law.
1.2.4 HEIGHT means the total height at any point along a fence measured from the
highest level of grade on either side of the fence at any point along the fence from a
point that is less than 0.6 metres (2ft.) from the fence and "height" includes the
posts, rails and any decorative "lattice" or similar form of fence topping. Where a
fence is also a "building "or "accessory building or structure" as defined in the
Zoning By-law and there is conflict between this By-law and the Zoning By-law, the
height for such building or accessory building or structure shall be in accordance with
the provisions of the Zoning By-law.
1.2.5 PROPERTY
Sy-law Number 4753•05.P
Page 2 of8
a) APARTMENT RESIDENTIAL PROPERTY means a property serving four (4) or
more dwelling units which have a common entrance from the street level and the
occupants of which have the right to use in common, hallway, stairs, and/or elevators
and yards, but does not include a boarding or rooming house, a maisonette, double
duplex or fourplex, or any dwelling as defined in the Zoning By-Law.
b) NON-RESIDENTIAL PROPERTY means a property serving other than a
residential use and includes schools.and private clubs, but does not include public
highways.
c) SINGLE RESIDENTIAL PROPERTY means a property or portion thereof serving a
single dwelling unit and shall include a dwelling unit in a semi-detached, duplex,
triplex, double duplex or fourplex, maisonette, quadraplex, row-house and link-house.
Where a property contains a mixture of uses, the designation for such property shall
be determined by the zone category in the Zoning By-Law.
1.2.6 MUNICIPAL LAW ENFORCEMENT OFFICER shall mean a Municipal Law
Enforcement Officer appointed by By-law of the Corporation.
1.2.7 OWNER includes the registered owner of a property, a lessee, tenant,
mortgagee in possession, and the person in charge of any property and owner
includes any person having ownership possession or control of any land on which a
fence is partially or wholly located.
1.2.8 PERSON means a natural individual, a corporation, association or partnership.
1.2.9 POOL means any open artificial body of water located wholly or partially
outdoors on privately owned property, in which the depth of the water at any point
can exceed 0.8 metres (2.6 ft.) and pool shall include above-ground pools, hot tubs
and whirlpools. Pool excludes all naturally occurring bodies of water and areas used
for storm water management.
1.2.1 0 POOL ENCLOSURE means a fence or other structure, including doors and
gates therein designed to restrict access and which entirely surrounds a pool or pool
excavation.
1.2.11 TEMPORARY ENCLOSURE means a temporary fence or other structure,
including doors and gates therein, which entirely surrounds a pool or pool excavation
so as to restrict access while a pool and related works are under construction.
1.2.12 YARD; "FRONT YARD", "REAR YARD", "SIDE YARD" and "EXTERIOR SIDE
YARD" shall have the meanings assigned to such terms as defined in the Zoning By-
law.
1.2.13 ZONING BY-LAW means the Town of Aurora Zoning By-law 2213-78, as
amended ..
PART 2 -HEIGHT AND SETBACKS
By•law Number 4753-0S.P
Page 3 ofB
2.1.1 No person and no owner of land shall erect, cause to be erected or repair or
replace a fence anywhere in the Town of Aurora except in accordance with the
provisions of th.is By-law.
2.1.2 On a single residential property:
a) Where a lot line abuts a single residential property, a public highway or publicly
owned land, no fence shall exceed 2.0 metres (6.56 ft.) in height.
b) Where a lot line abuts an apartment residential property, no fence shall exceed
2.5 metres (8.2 ft.) in height.
c) Where a lot line abuts a non-residential property, no fence Shall exceed 3.7
metres (12.1 ft.) in height.
d) Notwithstanding any other provisions in this By-law, no fence shall exceed 1.0
metre (3.3 ft.) in height in any front yard.
2.1.3 On an apartment residential property:
a) Where a lot line abuts a single residential property, or another apartment
residential property, no fence shall exceed 2.5 metres (8.2 ft.) in height.
b) Where a lot line abuts a non-residential property, no fence shall exceed 3.7
metres (12.1 ft.) in height.
c) Where a lot line abuts a public highway or publicly owned land, no fence shall
exceed 2.0 metres (6.56 ft.) in height.
d) Notwithstanding any other provisions in this By-law, no fence shall exceed 1.0
metre (3.3 ft.) in height in any front yard.
2 .. 1 A On a non-residential property:
a) Where a lot line abuts a single residential property, apartment residential property
or another non-residential property, no fence shall exceed 3.7 metres (12.1 ft.) in
height.
b) Where a lot line abuts a public highway or publicly owned land, no fence shall
exceed 2.0 metres (6.56 ft.) in height.
c) Notwithstanding any other provisions in this By-law, no fence shall exceed 1.0
metre (3.3 ft.) in height in any front yard.
2.1.5 No person and no owner of land within the Town shall erect, cause to be
erected or repair, or have a fence in contravention of the requirements of the Zoning
By-law respecting front, rear and side yard set backs; except that no fence that is
constructed in accordance with the applicable height restrictions in this By-law shall
be in contravention of this By-law if it is constructed near or on the front, rear or side
lot lines.
2.1.6 A fence that surrounds the immediate perimeter of a tennis court shall not
exceed 4.5 metres (15ft.) in height, and no portion of the fence that extends above
1.83 metres (6ft.) shall be constructed of materials that substantially block the
passage of light, and the tennis court fence must be set back from the property line
in accordance with the prescribed setbacks as set out in the Zoning By-law.
By4aw Number 4753-0S.P
Page4of8
2.1. 7 Where a fence is a pool enclosure or temporary enclosure, the fence shall not
be less than 1.2 metres (4ft.) in height on a single residential property or not less
than 2.0 metres (6.56 ft.) or more than 3. 7 metres (12.1ft.) in height on other
properties.
2. 1.8 Where any portion of a pool enclosure or temporary enclosure is a building or
structure, the minimum height shall be 1.2 metres (4ft.) and the maximum height
and minimum setbacks shall be as prescribed by the Zoning By-law.
2.1.9 Notwithstanding any provisions respecting the height of fences in the By-law,
where the Corporation of the Town of Aurora has entered into a subdivision or site
plan agreement requiring any fence to form part of a required architectural or noise
attenuation feature, such fence shall be exempt from the height restrictions set out in
the Part and the height required in this By-law for such fence shall be the height set
forth for such fence in the applicable subdivision or site plan control agreement.
2.1.1 0 Notwithstanding any provisions in this By-law respecting the height of fences
on a residential property, where a residential property is in an Estate Residential
Zone, a Rural General Zone or a Rural Residential Zone, the maximum fence height
in a front yard shall be 2.0 metres and shall include gates and entry features. The
fencing shall be wrought iron, steel or black vinyl chain link.
By-law Number 4753-0S.P
Page 5 ofB
PART 3 ·POOL ENCLOSURES AND TEMPORARY ENCLOSURES
Section 3.1 General
3.1.1 No person and no owner of a pool shall erect, or cause to be erected, repair or
replace a pool enclosure or temporary enclosure except in accordance with the
provisions of this By-law.
3.1.2 Amenity uses such as but not limited to pool equipment, diving boards, slides
or similar uses shall only be permitted in the interior side yard, exterior side yard or
rear yard and in accordance with the following provisions:
a) Unenclosed pool equipment shall be setback a minimum of 0.45 metres.
b) Slides, driving boards or similar uses shall be setback a minimum of 0.6 metres ..
Except in the case of Rural Residential, Estate Residential and Rural General Zones,
the setbacks shall be in accordance with the provisions of the Zoning By-law.
3.1.3. Where an amenity use is located within an accessory building or structure it
shall be setback in accordance with the provisions of the Zoning By-law.
3.1.4. Notwithstanding the provisions of this By-law, a pool that is a hot tub or
whirlpool and that has a cover that may be locked and that will support a weight of at
least 27.2kg (60 pounds), is not required to be enclosed by a pool enclosure or
temporary enclosure.
3.1.5 The owner of a pool that is a hot tub or whirlpool shall ensure that the cover for
such pool remains securely closed and locked at all times when such pool is not in
use by the owner, its invitees or licensees.
3.1.6 No person shall excavate for, or cause or permit excavation for any privately
owned pool, or erect, or cause or permit the erection of any privately owned pool
without first obtaining a permit issued by the Chief Building Official. The plans
submitted with the permit application shall:
a) show the location of the pool in relation to the property lines and to adjacent
structures; and
b) provide complete details of the pool enclosure.
3.1.7 No person shall place or allow water to remain in a newly constructed pool,
until:
a) The Chief Building Official or their designate has been notified and the pool
enclosure has been inspected and accepted; and
b) The provisions of this By-law and applicable law have been fully complied with.
3.1.8 Every pool while under construction shall be enclosed with a temporary
enclosure until such time as construction is completed and a pool enclosure has
been erected in compliance with the provisions of this By-law.
/ ··'-
BJ!'Iaw Number 4753-0S.P
Page 6 of8
3.1.9 Notwithstanding any other provisions of this By-law, a temporary enclosure
may have a height of not less than 1.2m(4 ft.) and may be constructed of plastic
mesh having openings no greater than 3Smm (1-1/2 in.). A steel T-bar post shall be
installed at intervals no less than every 2.0m (6.56 ft.) and a 9 gauge galvanized
steel wire shall be located at the top and bottom of such fencing. Notwithstanding
this provision, a temporary enclosure may be constructed in a manner that in the
opinion of the Chief Building Official will provide a satisfactory degree of safety. All
temporary enclosures shall be erected in a workmanlike manner.
3.1.1 0 A temporary enclosure shall be replaced by a pool enclosure upon completion
of the pool or immediately upon the direction the. Chief Building Official.
Section 3.2 Access
3.2.1 The owner of every pool shall ensure that every door, gate or means of entry to
the pool and the area enclosed by the pool enclosure is kept latched and locked,
except when the pool or such enclosed area is in use by the owner, its invitees or
licensees.
3.2.2 Where a main building forms part of the pool enclosure, the main entry into the
building shall not be located inside the pool enclosure.
3.2.3 Where a building or structure forms part of a pool enclosure, all door entrances
into the pool area shall be equipped with a dead bolt, chain latch or some other
mechanism to secure the door, located at a minimum height of 1.5m (5ft.) above the
inside floor level of the building.
3.2.4 Where a building or structure forms part of a pool enclosure, no window or
other opening shall open into the area enclosed by the pool enclosure unless such
window or opening is capable of being securely closed and latched.
3.2.5 Every gate in a pool enclosure shall be self closing and shall be equipped with
a lockable self-latching device located on the top interior side of the pool enclosure.
Such gates shall not have any member or attachment that would facilitate the
climbing of the gate and shall be supported on substantial hinges. The minimum
height of any gate or entry shall be 1.2m (4ft.).
Section 3.3 Construction
3.3.1 No owner shall construct any fence to a height in excess of 2.0 metres (6.56
ft.), without first obtaining a building permit from the Town of Aurora.
3.3.2 No pool enclosure shall be located within 1.2m (4ft.) of the nearest edge of the
water contained in the pool.
3.3.3 Pool enclosures shall be constructed as follows:
a) A chain link fence shall conform to the Town of Aurora standards for fencing as
may be amended form time to time.
b) A wooden fence shall conform to the following:
(i) vertical boards shall be spaced not more than 3Smm (1 1/2 in.) apart where rails
are spaced closer than 1.1 m (3ft. Sin,) and not more than 1 OOmm (4 in) where rails
are spaced at least 1.1m (3ft. Sin) apart.
(ii) vertical boards shall be of not less than 19mm x S9mm (1" x 4" nominal) lumber
and shall be attached to rails that are not less than 38mm x S9mm (2" x 4" nominal)
in size. The rails shall be supported on substantial posts with a minimum dimension
of 89mm x 89mm (4" x 4" nominal) spaced not more than 2.4m (8ft) apart and
imbedded to a minimum depth of 900mm (36 in.) below grade; or
By'/aw Number 4753-0S.P
Page 7 ofB
c) Notwithstanding the provisions of this subsection, a pool enclosure may be of
other designs, materials and construction, which in the opinion of the Chief Building
Official, provide a degree of structural soundness sufficient to restrict entry into the
pool without the permission of the owner.
3.3.4 Where a pool enclosure or temporary enclosure is a building, accessory
building or structure, it shall be constructed of materials that will withstand
weathering and will remain in place when reasonable loads are applied.
3.3.5 No pool enclosure or temporary enclosure shall have any unprotected
openings that would permit the passage of a sphere larger than 1 OOmm (4 in.) in
diameter within or below the enclosure.
3.3.6 No pool enclosure or temporary enclosure shall have any members or
attachments that could facilitate climbing on the exterior face of a pool enclosure or
temporary enclosure for a distance between 100mm (4 in.) and 1.2m (4ft.) from the
grade.
3.3. 7 No condition that facilitates climbing a pool enclosure or temporary enclosure
may be permitted to remain within 1.0m (3.3 ft.) of the exterior of the pool enclosure
or temporary enclosure.
3.3.8 Where an above-ground pool is a pool enclosure:
a) The exterior side of the above-ground pool structure and any rail or guard
attached thereto shall constitute a pool enclosure and the provisions of this By-law
shall apply to such pool sides. The owner of an above-ground pool shall ensure that
the means of entry within the pool enclosure shall be kept closed and locked except
when the pool or enclosed area is in use by the owner, it's invitees or licensees.
Where such means of entry is a ladder, the ladder. shall be removable from the
vicinity of the pool or be designed to be lifted and locked or be designed to have a
lockable cover when the pool is not in use .. ·
b) The exterior sides of the above-ground pool structure and the outside face of any
rail or guard shall be constructed as a pool enclosure, in a manner that will not
facilitate climbing.
c) Where a platform or deck is constructed adjacent to an above-ground pool and
such platform or deck is higher than 0.6m (2ft) above the adjacent grade, a rail or
guard of not less than 0.9m (2.9 ft.) in height shall be provided around the outside
perimeter of such deck. Notwithstanding the provisions of this By-law such a rail or
guard may be constructed within 1.2m (4ft.) of the nearest edge of the water
contained in the above-ground pool.
d) Notwithstanding any other provisions of this By-law, the combined height of the
exterior sides of the pool structure and any rail or guard attached thereto shall be a
minimum of 1.5m (5 ft.) and may be a maximum of 2.5m (8.2 ft.) in height above the
adjacent grade.
e) The pool, platform and/or deck shall be setback from the lot lines in accordance
with the provisions of the Zoning By-law.
PART4
Section 4.1 Restrictions on Fences and Materials
By-law Number 4753-05.P
PageBofB
4. 1.1 No person shall use any barbed wire or other barbed or sharp material in the
construction of a fence, except where the fence is located in a rural area and is
necessary for the containment of livestock or in a non-residential property and is
necessary for the security of the premises so enclosed.
4.1.2 No person shall permit a fence or any attachment to a fence to be used as a
conductor of an electrical current.
Section 4.2 Penalties and Application .
4.2.1 Every person who contravenes any of the provisions of this By-law is guilty of
an offence and upon conviction is liaple to a fine pursuant to the provisions of the
Provincial Offences Act, as amended.
4.2.2 Notwithstanding any other provisions herein, a fence, which is required and
approved by Council under Site Plan or Subdivision Agreement, shall be deemed to
be in conformance with the provisions of this By-law.
PART5
Section 5.1 Repeal. Transition
4. 1.1 By-law 4368-02.P hereby repealed.
5.1 .2 Notwithstanding sub-section 5.1.1 hereof, the provisions of By-law Numbers
2941-87, 2127-77, 3308-91, 3207-91, and 4368-02.P as amended, continue to apply
to any fence or pool enclosure existing on any property on the day of passing of this
By-law until such time as the existing fence or pool enclosure is replaced.
READ A FIRST AND. SECOND TIME THIS 13th DAY OF DECEMBER 2005.
READ A THIRD TIME AND FINALLY PASSED THIS 13th DAY OF DECEMBER 2005.
BOB PANIZZA, TOWN CLERK