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BYLAW - Consolidated Fence Bylaw - 20051213 - 475305P THE CORPORATION OF THE TOWN OF AURORA By-law Number 4753-05.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 and maintain fences and gates around such pools. WHEREAS the provisions of Section 11(1) of the Municipal Act, R.S.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. OFFICE CONSOLIDATION This is a consolidation of the Town’s by-law respecting Fences within the Town of Aurora being By-law No. 4753.05.P as amended by By-law No. 6086-18. This is prepared for reference and information purposes only. The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. Official versions of all bylaws can be obtained from the Legislative Services Division by calling (905) 727-3123. If there are any discrepancies between this consolidation and the By-laws, the By-laws shall prevail. By-law Number 4753-05.P Page 2 of 8 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 (2 ft.) 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 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. 1.2.10 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. By-law Number 4753-05.P Page 3 of 8 PART 2 - HEIGHT AND SETBACKS 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 this 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. e) Any part of a fence erected within two feet of a building on an adjacent property fence shall be constructed with removable panels or have hinged panels or constructed in such a way to provide ease of access to the adjacent building. (amended by By-Law No. 6086-18) 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. 2.1.4 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. By-law Number 4753-05.P Page 4 of 8 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 (6 ft.) 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. 2.1.7 Where a fence is a pool enclosure or temporary enclosure, the fence shall not be less than 1.2 metres (4 ft.) 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 (4 ft.) 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. 2.1.10 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 4753-05.P Page 5 of 8 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, repair or replace any pool enclosure without first obtaining a permit from 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.” (Section amended by By-law No. 6086-18) 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. 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 38mm (1-1/2 in.). A steel T-bar post shall be By-law Number 4753-05.P Page 6 of 8 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. 3.1.10 A temporary enclosure shall be replaced by a pool enclosure upon completion of the pool and prior to any water being placed in the pool or immediately upon the direction of the Chief Building Official (amended by By-law No. 6086-18) 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 (Deleted per By-law No. 6086-18) 3.3.2 No pool enclosure shall be located within 1.2m (4 ft.) 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 38mm (1 1/2 in.) apart where rails are spaced closer than 1.1m (3 ft. 8in.) and not more than 100mm (4 in) where rails are spaced at least 1.1m (3ft. 8in) apart. (ii) vertical boards shall be of not less than 19mm x 89mm (1" x 4" nominal) lumber and shall be attached to rails that are not less than 38mm x 89mm (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-law Number 4753-05.P Page 7 of 8 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 100mm (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 (4 ft.) 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 (2 ft.) 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 (4 ft.) 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. By-law Number 4753-05.P Page 8 of 8 PART 4 Section 4.1 Restrictions on Fences and Materials 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 liable 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. PART 5 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. __________________ __________________________ TIM JONES, MAYOR BOB PANIZZA, TOWN CLERK