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HomeMy WebLinkAboutPLN 25-24Report to Executive Committee Report Number: PLN 25-24 Date: October 7, 2024 From: Kyle Bentley Director, City Development & CBO Subject: Sign By-law Review - File: L-2000-024 Sign By-law Recommendation: 1. That Report PLN 25-24 regarding the Sign By-law Review be received; 2. That the Sign By-law as set out in Appendix I to Report PLN 25-24 be enacted; 3. That Council approve an amendment to the General Municipal Fees & Charges By-law 6191/03, as amended, as set out in Appendix II, to implement fees related to the new Sign By-law. Executive Summary: The purpose of this report is to update and modernize the City’s existing Sign By-law 6999/09 to align with current sign standards, trends, and development practices. The City of Pickering’s current Sign By-law 6999/09 was enacted by Council on November 16, 2009. Since then, the City has received 93 sign variance applications and initiated nine by-law amendments. In response to emerging trends, and to reduce the number of sign variances requested by applicants, City staff completed an assessment of best practices from other municipalities. Through engagement with businesses and sign companies, staff identified several areas where the Sign By-law could be updated and/or improved. As a result, a review of the existing Sign By-law 6999/09 was undertaken. This report summarizes the Sign By-law Review process and discusses proposed changes to the existing Sign By-law. Staff recommend that Council approve the new draft Sign By-law, included as Appendix I to this report. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community. Financial Implications: Sign permit fees, sign licence fees and sign variance fees are within the City’s General Municipal Fee By-law. The City is not expected to realize any significant additional revenue resulting from updates to the Sign By-law. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 2 Discussion: The purpose of this report is to update and modernize the City’s existing Sign By-law 6999/09 to align with current sign standards, trends, and development practices. 1. Background The Sign By-law sets out comprehensive regulations for signs, including their size, height, illumination, and location. It also establishes sign districts that reflect the City’s character, and outlines the approval process for signage, whether through obtaining a sign permit, a sign licence, or a sign variance. The current Sign By-law 6999/09 was enacted by Council following extensive public engagement with industry stakeholders, commercial and industrial property owners, and residents. Since then, the by-law has been amended nine times, mainly to update the Appendix – Fee Schedule. In 2017, provisions related to election signs were removed from the Sign By-law, leading to the creation of a separate Election Sign By-law 7591/17. The Sign By-law includes a process for property owners to apply for a Sign Variance, to permit a proposed sign for a specific property for situations where the owner is unable to conform to the City’s established sign regulations. Since the By-law’s enactment in 2009, the City has received 93 sign variance applications. Most of these applications were for Wall Signs (42 variance applications) and Ground Signs (31 variance applications), with six variances specifically requesting permission for Electronic Message Displays. The remaining 20 variance applications sought relief from regulations for Banner Signs (eight), Development Signs (six) and Directional Signs (one). This report recommends modifications to the existing Sign By-law based on public input and feedback, staff’s review of Sign By-law Variance applications received over the last 15 years, and an assessment of municipal best practices identified in other municipal sign by-laws. 2. Review of the Current Sign By-law The City of Pickering Sign By-law is a City-wide, comprehensive by-law, that provides regulations governing all signs, except for Election Signs. Staff initiated a review of the current Sign By-law to: • address emerging trends in marketing and sign products • reduce the number of sign variances for frequently requested variances • support the City’s urban design objectives, and • reformat the by-law to make it more user-friendly and easier to navigate City staff reviewed previous sign variance applications, past amendments to the Sign By-law, benchmarks from other municipalities, and current market trends. A working group was also formed, including representatives from the Planning Division, the Sustainability Section, Municipal Law Enforcement Services, and the Building Services Section. This group met regularly to discuss the research, data collected, and the potential impacts and implications of revised standards and provisions to the Sign By-law. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 3 In addition to the working group and research completed, public engagement sessions were held with key stakeholders and residents, which will be discussed further below. 3. Public Engagement Process The new draft Sign By-law was circulated to key stakeholders, which included, but was not limited to, sign companies, the Sign Association of Canada, the Durham Region Association of REALTORS, and real estate brokers, and was also posted on the City’s website. Along with the draft new Sign By-law, City staff circulated a summary document, outlining the proposed amendments, along with graphics to highlight key provisions for each sign type. An electronic Public Open House was held to discuss the proposed revisions to the existing Sign By-law on December 8, 2020. Notice of this meeting was emailed to key stakeholders, posted on the City’s website, advertised in the newspaper, and advertised on the City’s social media and electronic signs. Before the electronic Public Open House, staff also met with the Mayor and Members of Council to discuss the recommended changes to the Sign By-law. Following the electronic Public Open House, staff reviewed the comments received and further revised the draft Sign By-law accordingly. An in-person Public Open House was then held on July 17, 2024, to discuss the proposed revisions. Notice of this meeting was emailed to key stakeholders, posted on the City’s website, posted in the City’s Economic Development Newsletter, posted on the City’s Let’s Talk Pickering webpage, and advertised on the City’s social media sites. The main topics of discussion and comments received included: • revisions needed to allow for additional menu boards • updates to the regulations on Billboard Signs, including a definition, locational permissions, and hours of dimming for illuminated signage • Real Estate Signage and municipal best practices • general restrictions, prohibitions, and setback requirements for signage • requirements for Portable Signs and licencing • the introduction of an online submission tool • provisions for Electronic Message Displays Comments received and City staff’s responses are summarized in Attachment 1 to this report. 4. Proposed Revisions to Sign Provisions Through the review process, staff identified necessary changes to certain sign types based on municipal best practices, industry trends, the assessment of sign variances, and feedback from both the community and the sign industry. The following sections outline the major changes proposed to Sign By-law 6999/09. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 4 4.1 Electronic Message Displays The current By-law does not define “Electronic Message Display” and only states that it is prohibited within the Special Sign Districts and areas zoned for residential uses. It also includes a setback requirement from residential zone areas if the display is visible, but it lacks specific regulations to ensure these displays are safe for pedestrian and vehicular traffic. The new draft Sign By-law now defines “Electronic Message Display” and specifies which sign types can include this feature (Ground signs, Wall signs and Billboard signs). Additional provisions have been introduced, including setbacks from other Electronic Message Displays and property boundaries. To prevent these signs from becoming a public nuisance, the new draft Sign By-law includes regulations for maximum luminance during the day and night, requirements for dimming or turning off overnight, prohibiting animation, and rules for the minimum dwell time of each graphic or text on the display. 4.2 Wall Signs Staff have proposed changes to the existing wall sign provisions to address the number of similar variance applications processed (and approved) and to align with market trends and municipal best practices. Staff have processed 42 sign variance applications for wall signs, 18 of which were requests to allow signage on additional frontages. The current Sign By-law does not specify how many wall signs are permitted per frontage for High-Density Residential and Institutional Uses. The new draft Sign By-law now specifies that one sign per frontage for High-Density Residential, Institutional and all Other Uses is permitted. For commercial, Industrial, and Mixed-Use Buildings, up to 15 percent of the tenancy wall is allowed for signage, with a maximum of one sign per owner or tenant per frontage of the tenancy wall. Additionally, wall signs are now permitted above the first storey, including the second storey, to respond to mixed-use developments and to minimize the need for a sign variance for this common situation. 4.3 Billboard Signs Staff propose a required minimum 3.0 metre setback for Billboard Signs from the property limits and a reduction in the maximum height of a Billboard Sign from 10.0 metres to 7.5 metres to align with the Ministry of Transportations’ Billboard Sign requirements. The definition of a “Ground Sign” has been revised to remove Billboards and provides greater clarity that Ground Sign criteria do not apply to Billboards, which have their own specific definition and regulations. In response to comments, the new draft Sign By-law now includes provisions regarding the hours for dimming and turning off Billboard Signs that feature Electronic Displays. Such signs will be required to comply with Section 63 of the new draft Sign By-law (Electronic Message Displays). The new provisions specify that a maximum nighttime luminance of 300 nits is allowed between 9:00 pm to 8:00 am for signs located within 200 metres of residential areas. In all other instances, this luminance limit applies between 11:00 pm to 7:00 am. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 5 4.4 Menu Boards The current Sign By-law includes provisions for Menu Boards under Part IV – Signs Exempt from Permits and Licences. Currently, the by-law allows for one menu board per property, with a maximum area of 4.0 square metres. Feedback received highlighted the need for additional menu boards per drive-through lane. Staff acknowledge this request, as dual-lane drive-throughs have become common, and there is a growing trend of including pre-menu boards. The new draft Sign By-law has been updated to define a drive through facility and now allows for one menu board per drive through lane, with a maximum of 4.0 square metres, as well as one pre-menu board per drive through lane, with a maximum area of 2.0 square metres. The new draft Sign By-law also proposes that drive-through signage be included under Part 2 – Sign Permits. While signage for drive throughs is typically reviewed and approved through the Site Plan Approval process, in situations where Site Plan Approval is not required, such as when a pre-menu board is added to an existing drive-through facility, a sign permit would be required for the new pre-menu signage. 4.5 Canopy Signs In the current Sign By-law, Canopy Signs are treated as wall signs and are reviewed under the wall sign provisions. However, for better clarity, staff felt it was necessary to create a separate definition and specific provisions for Canopy Signs, along with the requirement for a sign permit. This change is intended to ensure that Canopy Signs, which are typically installed above the first story, are constructed securely for pedestrian and vehicle safety. Additionally, these provisions are necessary to ensure that canopy signs do not extend beyond the private property limits, particularly onto municipal boulevards. Under the updated by-law, staff recommend that Canopy Signs require a sign permit or approval through the associated Site Plan Approval process. 4.6 Real Estate Open House Signs Staff received comments requesting clarification on how long Real Estate Open House Signs should be allowed to be displayed and concerns that the current Sign By-law is silent on the maximum number of Open House Real Estate Signs permitted. The new draft Sign By-law now includes provisions for Real Estate Open House Signs under Part 4 – Signs Exempt from Sign Permits and Sign Licences. The proposed regulations permit the erection of Open House Signs between 8:00 am to 8:00 pm on the day of the Open House as indicated on the sign. The sign must also specify the date and time of the Open House. Additionally, a maximum of eight Open House Signs are allowed for each Open House, provided that all signs are placed entirely on private property or on a boulevard, and at least 3.0 metres away from other signs for the same listing. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 6 4.7 Portable and Banner/Inflatable Signs Both Portable and Banner Signs fall under the signage type which requires a Sign Licence. The new draft Sign By-law allows for one Portable Sign per property. For properties with two frontages greater than 70 metres, one portable sign is permitted per street frontage. This change acknowledges corner lots and allows a sign on each street frontage, whereas the current by-law only permits one Portable Sign per property. The new draft Sign By-law extends the licence period for Banner Signs from 14 days to 30 days. It also allows up to one of each sign type (portable, banner and/or inflatable) to a maximum of three signs per property, compared to the current regulation which permits only one sign regardless of type. These revisions address the sign variances received. Additionally, the maximum area for Banner Signs has been reduced from 10.0 square metres to 6.0 square metres to align with municipal best practices and to reduce sign clutter. 4.8 Flag Signs The current Sign By-law does not define or include provisions for Flag Signs, leading to their placement in undesired locations and for longer durations than the City supports. To address this, the new draft Sign By-law now defines Flag Signs and includes specific provisions and a requirement for a sign licence. This will help Municipal Law Enforcement Services regulate the location and placement of Flag Signs to reduce sign pollution and ensure their temporary nature. The proposed sign licence for Flag Signs will be valid for a maximum of 30 days. Flag signs will be permitted in Mixed-Use, Commercial, Institutional and Industrial areas. The draft provisions specify: • a maximum height of 1.8 metres • a maximum sign area of 2.0 square metres, and • a maximum number of three per property The proposed fees for Flag signs can be found in Appendix II. 5. Enforcement Changes have been made to the offence and enforcement provisions to address enforcement challenges and complaints. The new provisions eliminate the requirement to identify the person who placed a sign illegally. One of the main enforcement issues with the current Sign By-law is the need to identify the installer of the sign. The new provisions allow charges to be laid against any person, business, or corporation named on a sign. Additionally, charges can be laid against anyone associated with a phone number listed on a sign if that number is registered to a business, or corporation. These changes are expected to significantly enhance staff’s ability to enforce regulations related to illegal signs and their placement. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 7 The penalty section has also been updated to increase the maximum fine to $100,000. It now includes provisions for a special fine if the offence results in economic gain, which exceeds $100,000. 6. Other Proposed General Amendments The following additional changes have been made to update and improve the existing Sign By-law: • Rewritten Text: The By-law text has been rewritten for internal consistency in administration and enforcement, making it easier for readers to navigate. • Restructuring and Alignment: The By-law has been restructured to align with the City’s draft Comprehensive Zoning By-law, where applicable, as well as with policy requirements of the Region of Durham and the Ministry of Transportation. • Expanded Definitions: A centralized and expanded list of defined terms has been added for clarity. Definitions have been updated to cover additional types of signage, ensuring that in instances, where exempted sign provisions are not met, the signs can still be assessed. For example, the definition of a Ground Sign now includes Directional Signs, which were previously exempt from requiring a sign permit or sign licence. If Directional Signs exceed the exemption requirements, a Sign Variance and a Sign Permit may be required, and the appropriateness of the sign can be assessed against the Ground Sign provisions. • General Restrictions: The General Restrictions Section has been expanded to include a comprehensive list of provisions and restrictions applicable to all sign types. • Maintenance Requirements: New provisions have been added to ensure that Owners maintain their signs in good and orderly condition. • Fee Schedule: Schedule “A” Fees have been removed from the new draft Sign By-law to minimize the need for by-law amendments. Fees will remain in the City’s current General Municipal Fees By-law, which is updated annually. • Sign Licence Relief: A new Sign Licence Relief Section allows the Manager of Municipal Law Enforcement Services to grant relief from the Sign Licence provisions for up to three months, provided that the objectives of the Sign By-law are met. This change aims to enhance the enforceability of the By-law by making its provisions more detailed and clearer, supporting fair and consistent application. Notwithstanding all of the above-mentioned amendments, City staff did not identify any other specific trends, municipal best practices or justifications to further amend the remaining signage provisions of the current Sign By-law. 7. Additional Comments During the review process of the Sign By-law, City staff received various comments and suggestions, detailed in Attachment 1, regarding policy direction and existing sign provisions. Many of the suggestions aligned with City staff’s recommended amendments and have been incorporated into the new draft Sign By-law where appropriate. PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 8 One comment received during public engagement requested an expansion of the City’s Billboard Sign District, which currently extends along Bayly Street, from Church Street South to between Brock Road and the hydro corridor. City staff evaluated the possibility of extending the Billboard District along Brock Road and have concluded that there does not appear to be any compelling reason to expand the existing Billboard Sign District at this time. The City will continue to encourage Billboard Signs within the existing district parameters. Another comment inquired about the potential implementation of online sign permits and licence applications. This would allow sign companies to apply, pay for, and receive permits and licences online electronically. Currently, the City provides the ability to apply and pay for Sign Licences online, and receive the licence via email once processed. City staff are reviewing this request, with the intention of making both sign permits and sign licences available in the future through the expansion of the Pickering Residential Interface & Service Modernization (PRISM), known to the public as the myPickering application, which would make the digital process for sign permits and licencing more convenient and user-friendly. 8. Conclusion The discussion above outlines the process review for the new draft Sign By-law, details the public engagement process, provides an overview of the Sign Variances processed by the City, and presents the key amendments recommended by City staff. Staff recommend that the new draft Sign By-law as set out in Appendix I, be enacted by Council. Appendix Appendix I Draft Sign By-law Appendix II Draft By-law to Amend By-law 6191/03 General Municipal Fees Attachments: 1. Response to Comments Received on the Proposed Sign By-law 2. The current Sign By-law 6999/09, as amended PLN 25-24 October 7, 2024 Subject: Sign By-law Review Page 9 Prepared By: Original Signed By Amanda Zara Dunn, MCIP, RPP Principal Planner, Development Review Original Signed By Nilesh Surti, MCIP, RPP Department Head, Development Review & Urban Design Original Signed By Jason Litoborski Manager, Municipal Law Enforcement Services Approved/Endorsed By: Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Original Signed By Paul Bigioni Director, Corporate Services & City Solicitor AD:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 25-24 Draft Sign By-law The Corporation of the City of Pickering By-law No. XXXX/24 A By-law to regulate signs in the City of Pickering Whereas pursuant to paragraph 7 of subsection 11(3) of the Municipal Act, 2001 a lower-tier municipality may pass by-laws respecting signs; And whereas signs are necessary to advertise or identify services, businesses, locations and provide other information; And whereas, if not effectively regulated, signs may create a nuisance, affect public safety and detract from the character of the community; And whereas the Municipal Act, 2001 provides the ability for a municipality to impose fines in excess of $5,000.00 under the Provincial Offences Act R.S.O. 1990, and further allows for special fines that may exceed $100,000.00; Now therefore be it resolved that the Council of The Corporation of the City of Pickering enacts as follows: By-law No. XXXX/24 Page 2 Part 1 – Administration and Interpretation Title 1. This By-law and any amendments thereto shall be known as the “City of Pickering Sign By-law”. Other Applicable Laws 2. The applicant shall be responsible for obtaining the approval from any other government authority having jurisdiction over the installation of a proposed sign. Scope 2.1 This By-law applies to all signs that are or are to be located, erected, or displayed within the boundaries of the City, save and except any other sign prescribed by statue, and shall regulate the location, size, number, construction, alteration, repair, and maintenance of signs. 2.2 All tables within the body of this By-law and schedules attached to this By-law shall form part of this By-law. 2.3 This By-law does not apply to a sign that was lawfully elected, located, or displayed on the day the By-law comes into force and effect if the sign is not substantially altered, and the maintenance and repair of the sign or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration. Objectives 3. This By-law shall be applied and interpreted in a manner consistent with the following objectives: (a) reasonable means should be available to the public to erect signs on a property in order to identify facilities, businesses and services located thereon; (b) signs should not create any distraction or safety hazard for pedestrians or motorists, or create any other danger to the public; (c) signs should not create any adverse impacts on adjacent public or private property; (d) signs should not detrimentally alter the physical appearance and architecture of any building; (e) signs should not create unnecessary visual clutter due to their size, number or location; and (f) temporary signs should be strictly regulated in order to limit the visual impact on the built environment and the consumption of resources. By-law No. XXXX/24 Page 3 Definitions 4. In this By-law, “address sign” means a sign that depicts the municipal address or civic number of a property as regulated by this By-law and By-law 7686/19, as amended or replaced from time to time; “animation” means a method in which graphics, images or figures are manipulated to appear as moving images and indicates colour or light changes through electronic means; “applicant” means an owner, or any person authorized by an owner, who applies for a sign permit, sign licence or sign permit variance; “automobile service station” means an establishment where vehicle fuels, lubricants, and automobile-related accessories are offered for retail sale, and which may include a car washing establishment and a convenience store; “automobile service station sign” means a sign on top of gasoline service pumps or on the columns of a gas bar canopy, on guard posts or freestanding on a gasoline pump apron and shall include signage for electrical vehicle charging stations; “banner sign” means a temporary sign of lightweight fabric, plastic or similar material; “billboard sign” means a sign that is fastened, posted, painted or projected in such a manner as to permit its periodic replacement and that advertises goods, products or services that are not available at the location of the sign or that directs a person to a location different from where the sign is located. A billboard sign displays third-party advertising with images that may change mechanically and/or displays information or images on a digital or electronic screen; “boulevard” means all parts of a highway except the roadway, shoulder and sidewalk; “canopy sign” means any single-faced sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective element installed over a window, door, entrance, outdoor service area or similar type of entrance way, movable or immovable; “Chief Building Official” means the City’s Chief Building Official (CBO) or a designate; “City” means The Corporation of the City of Pickering or the geographical area of Pickering, as the context requires; “community event sign” means a temporary sign that advertises a public event to be held in the City organized for a non-profit, civic, cultural, religious or recreational purpose; “construction information sign” means a temporary sign located on a property where a building is to be built, renovated or demolished indicating information related to design, construction, renovation, demolition, ownership and rental or sale, and may include the name of the project, the architect, engineer, and other firms associated with the project; By-law No. XXXX/24 Page 4 “demising wall” means a wall that separates two adjacent tenants or a tenant from one of the building’s common areas; “development sales office sign” means a temporary sign located on a property where a temporary sales office has been legally erected, to identify the builder, subdivision/condominium marketing name and any other relevant information related to the sales office; “development sales sign” means a temporary sign directing people to a temporary sales office where new homes and other residential developments are marketed to the public; “development sign” means a temporary sign that advertises a proposed development to be constructed and may include the project name and graphic depictions, the developer(s) and builder(s) names and contact information, and other pertinent information. A development sign shall not include a construction information sign, a development sales office sign, or a development sales sign; “directional sign” means a sign that is intended solely for public information, safety or convenience in directing persons or traffic and shall contain no commercial advertising, but may include a corporate logo; “Director” means the City’s Director, City Development or a designate; “directory sign” means a sign intended to identify the location of a building containing multiple occupancies; “display surface” means the entire sign area which encloses the extreme limits of the message or content displayed on a sign; “drive through facility” shall mean a building or structure or part thereof where goods, food or services are offered to the public by way of a service window or kiosk while the patrons are in a parked or in a stationary vehicle, and where goods, money or materials are exchanged in a designated stacking lane with either a menu board and pre-menu board signs; “election sign” has the meaning ascribed to it in Election Sign By-law 7591/17, as amended or replaced from time to time; “electronic message display” means a component of a ground sign with moving parts, flashing lights or fluorescent materials, billboard sign or wall sign that is computer controlled and illuminated, which displays information to the public by way of prearranged or variable sequence of electronically generated alphanumeric characters and digital images; “erect” means display, attach, affix post, alter, construct, (re)place, locate, install, relocate and maintain, and cause or permit to be displayed, attached, affixed, posted, altered, constructed, placed, located, installed, relocated and maintained of any sign or part thereof; By-law No. XXXX/24 Page 5 “farm sign” means a sign advertising the sale of farm produce grown or produced on the property where the sign is located; “fence” means a fence as defined in Fence By-law 6943/09, as amended or replaced from time to time; “filming location sign” means a temporary sign identifying a site used for a film production; “first storey” means the storey with its floor closet above average grade and having its ceiling more than 1.8 metres above average grade, and has the same meaning as defined as Storey, First in the City’s applicable Zoning By-law, as amended; “fixture” means any structure that the City permits to be located within a boulevard including, but not limited to, a utility box, newspaper vending box, bench, transit shelter, telephone pole, telephone booth, transformer box or vault, hydro pole, streetlight, stoplight pole, recycling waste module, mailbox, tree and street sign; “flag” means a piece of cloth, or lightweight non-rigid material that is attached by one edge to a pole or rope, bearing a crest, emblem or insignia of any corporation, federal, provincial and municipal government agency, or religious, charitable, fraternal, cultural or community organization with no informational or advertising content; “flag sign” means a sign made of cloth or lightweight non-rigid material that is attached by one edge to a pole or rope, and displays information, promotional or advertising content; “frontage” means the linear distance along the façade of the building, which is parallel to, or most close to being parallel to, an abutting public and/or private street. For the purpose of this By-law, a building may have more than one building frontage this being determined by the number of public and/or private streets abutting the lot. In a building with multiple units, a unit is only considered to have building frontage if the main customer access to the unit/tenancy leads directly outside. If the main customer access of a unit only leads to an interior sideyard of the site and/or an exterior parking lot, that wall face may be considered for building frontage per unit/tenancy. “garage/yard sale sign” means a temporary sign advertising a garage/yard sale of personal merchandise at a residential property, and includes any directional signs thereto; “ground sign” means a permanent sign which is free standing in a fixed location and is wholly supported by a structural base erected on and in or upon the ground, but not part of a building, and includes a pylon sign, a directional sign, directory sign and drive through sign, but does not include a billboard sign; “heritage conservation district” means a heritage conservation district designated under the Ontario Heritage Act, R.S.O. 1990, c. O.18; “heritage property” means property that has been designated under the Ontario Heritage Act to be of cultural heritage value or interest or a property on the City's registry of properties that the City believes to be of cultural heritage value or interest; By-law No. XXXX/24 Page 6 “high density residential” means a residential building other than low density residential; “hoarding” means any temporary construction barrier continuously enclosing a construction site that is erected for the purpose of site protection; including any temporary structure required for safety required by provincial or federal legislation or regulation and including covered sidewalks, scaffolding, fencing, etc.; “home-based business sign” means a sign located on a property advertising an accessory business or occupation used or conducted in a residential premises on the property where the sign is located; “home improvement sign” means a temporary sign advertising or promoting landscaping, home repairs or home renovations; “inflatable sign” means a temporary sign filled by air or other gas that is either designed to be airborne or tethered to the ground, a vehicle, a roof or any other structure and includes balloons; “interior sign” means a sign located within the interior of a building that is intended to be seen outside of the building and includes a window sign; “low density residential” means a single detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse, mobile home, or any other residential facility housing six or fewer residents; “menu board” means a permanent sign erected as part of a drive through facility and used to display, provide pricing for goods, food, and/or services and order products and services available at the premises; “mixed-use building” means a building or complex that includes mixed land uses; “model home sign” means a temporary sign located on a property containing a model home for the purpose of marketing new residential construction; “mural” means any type of display or artistic endeavour applied to any external wall or other part of a building or structure which does not include any words, images, logos, or trademarks that advertise or convey any promotional message; “new business” means a business at a location that has been in operation for less than 90 days; “no trespassing sign” means an informational sign which relates exclusively to regulating access to a property upon which the sign is located; “officer” means a municipal law enforcement officer employed by the City to enforce municipal by-laws or a police officer appointed under the Police Services Act ; “official sign” means a sign to be used, required by, or erected by any federal, provincial, regional, or municipal government, a public body or agency thereof or board or commission or public utility, including, but not limited to, signs designating hospitals, schools, libraries, community centres, arenas or other public government uses. Where signage is proposed for private use on public lands, authorization from the public body and a sign permit will be required; By-law No. XXXX/24 Page 7 “open space system” means the Open Space System land use designation identified on Schedule I of the City of Pickering’s Official Plan, as amended from time to time; “owner” means the registered owner of a property, person identified in the most recent tax roll as the owner of a property or a lessee, tenant, mortgagee in possession or any other person in charge or possession of a property; “person” means an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and the heirs, executors or legal representatives of the person to whom the context can apply according to law; “portable sign” means any temporary sign and/or any sign readily moveable from place to place, which is not anchored to the ground, including signs commonly referred to as a-frame, t-frame, sandwich boards, signs fixed to a trailer and any type of device used or capable of being used for advertising purposes; “poster” means a printed notice conveying information intended to be displayed for a temporary period of time and includes a bill, handbill, leaflet and placard; “pre-menu board” shall mean a sign erected at the entry to a stacking lane of a drive through facility and used to display goods, food and/or services available at the premises; “premises” means the area of a building or part thereof and/or land or part thereof occupied or used for residential, commercial and/or industrial purposes and in a multiple occupancy building, occupied by more than one business, each business area shall be considered a separate premises; “property” means a parcel of land, with or without a building or structure, that is a legal property of record; “pylon sign” means a type of ground sign that is free standing in a fixed location and is wholly supported by a structural base erected on and in the ground, but not part of a building; “real estate sign” means a temporary non-illuminated sign erected to advertise that a property, building or a portion of a building is offered for sale, rent or lease; “real estate open house sign” means a temporary sign advertising that a property for sale, rent or lease is available for public viewing during a specified date and time; “Region” means The Regional Municipality of Durham; “setback” means the shortest distance between a property lot line and the closest portion of a sign; “sidewalk sign” means a freestanding temporary sign, not affixed to the ground, advertising a business, service or product and installed on a sidewalk; “sign” means any device, notice or visual medium including its structure and other component parts that is used, or is capable of being used, to attract attention to a specific subject matter for identification, information or advertising purposes; By-law No. XXXX/24 Page 8 “sign area” means, (a) in the case of a sign having one display surface, the area of the display surface; (b) in the case of a sign having two display surfaces located on a sign structure exactly opposite the other, the area of one display surface; (c) in the case of a free standing number, letter or shape, the smallest rectangle which will enclose the number, letter or shape; and (d) in the case of groupings of free standing numbers, letters or shapes, or combinations thereof, the sum of the areas of the smallest rectangles which will enclose each separate grouping of letters, numbers or shapes; “sign height” means the vertical distance from the ground directly below the sign measured to the highest extremity of the sign, including the sign structure; “sign licence” means any licence issued by the City pursuant to the provisions of this By-law; “sign permit” means any permit issued by the City pursuant to the provisions of this By-law; “sign structure” means the framework, bracing or support of a sign; “Special Sign District” means a Special Sign District identified in Schedule "A"; “stacking lane” shall mean an on-site area used exclusively for queued vehicles whose occupants are waiting to be provided with goods, materials or services from a drive through facility; “street” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; “Substantially Altered” or “Alter” means any change to the sign structure or sign face, with the exception of: (i) a change in the message being displayed; and/or (ii) repair and maintenance, including replacement by identical components as required by this By-law; “temporary”, when describing a sign, means a sign conveying a message for a limited period of display; “temporary operations” means a business in operation for a maximum of 4 months; “variance” means permission to locate, erect or display a sign in a manner that is not in compliance with the requirements of this By-law; By-law No. XXXX/24 Page 9 “wall sign” means a sign attached to a building wall, that projects from a wall, and a single-faced sign directly painted, marked on or inscribed on an exterior wall surface of a building, but shall not include a mural. A wall sign may include a canopy sign, directional sign and directory sign. “window sign” means a sign located on the interior of a premise which is intended to be seen from off the premises, but shall not include illuminated signs, or upon or marked or inscribed on, or attached to, the inside of a window or door for the purpose of viewing from outside the premises. Application 5. This By-law applies to all signs displayed within the City, unless otherwise stated in this By-law. References to Legislation 6. In this By-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. 7. The issuance of a permit does not relieve the person/applicant/owner of the responsibility of obtaining all other approvals that may be required by the Corporation, or any level of government and agencies thereof or compliance with a by-law, legislation or obligation. Word Usage 8. This By-law shall be read with all changes in gender or number as the context may require. 9. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 10. Schedule "A" (Special Sign Districts) and Schedule "B" (Billboard Sign Districts) are attached to and form part of this By-law. 11. Unless otherwise specified, references in this By-law to Parts, Sections and Schedules are to Parts, Sections and Schedules in this By-law. Conflicts 12. If a provision of this By-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. 13. Where an industrial building contains commercial uses that are permitted in an industrial category of the City's Zoning By-law, the sign requirements for a commercial zone shall apply. 14. Where the provisions for sign exemptions are not met, a sign permit or sign licence as well as associated sign variance may be required. By-law No. XXXX/24 Page 10 Measurements 15. All dimensions in this By-law are in millimetres (mm), centimetres (cm), metres (m), hectares (ha) or square metres (m²) and all plans, specifications, documents and other information submitted with any application under this By-law shall use such dimensions. Severability 16. Each section of this By-law is an independent section, and the holding of any section or part of any section of this By-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this By-law. Fees 17. Any fees charged under this By-law are as outlined in the City’s current General Municipal Fees By-law, as amended from time to time, and are per sign and non-refundable. Maintenance 18. The Owner of the building to which a sign is attached, or of the lot upon which a sign is located, shall maintain or cause the sign to be maintained in a state of good repair. For the purposes of this section, a sign which is in a state of good repair is a sign which is clean, neatly painted and property maintained. By-law No. XXXX/24 Page 11 Part 2 – Sign Permits Required Sign Permits 19. (i) No person shall erect any ground sign, wall sign, canopy sign, development sign, billboard sign or drive through sign without a sign permit. (ii) No person shall erect any sign without a sign permit, where a sign permit is required pursuant to this By-law. 20. Notwithstanding Section 25, any sign lawfully erected prior to the passing of this By-law shall not require a sign permit provided such sign has continuously remained in its location and has not been substantially altered. 21. Notwithstanding Sections 25 and 26, any billboard sign lawfully erected prior to the passing of this By-law shall not require a sign permit provided such billboard sign has continuously remained in its location, has not been substantially altered and the owner of the billboard sign has obtained a sign licence. Sign Permit Applications 22. A sign permit application shall be made by the Owner of the property, building or business, on which the sign is to be erected or an authorized representative of the owner. 23. The City’s Chief Building Official shall be responsible for administration of all sign permits. 24. All sign permit applications shall be filed with the City's prescribed form. 25. Every sign permit application shall, (a) identify and describe in detail the proposed sign and all other signs existing on the property at the time of the application; (b) describe the property on which the proposed sign is to be erected by legal description and municipal address or by other equivalent description that will readily identify the property; (c) state the name, address, telephone numbers and email of the applicant and any persons designing or erecting the sign; (d) be accompanied by plans, specifications, documents and other information describing the construction, dimensions, materials and specific location of the proposed sign in sufficient detail to permit the Chief Building Official to determine whether the sign will comply with this By-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (e) be accompanied by the applicable fee(s) set out in the City’s current General Municipal Fees By-law, as amended from time to time; (f) include, where the applicant is not the owner of the property, authorization for making the application on behalf of the owner; By-law No. XXXX/24 Page 12 (g) be signed by the applicant who shall certify the accuracy and truth of the contents of the application; and (h) the applicant shall obtain approval for the proposed sign, if required, from other governmental authorities or agencies having jurisdiction. 26. If required by the City, all plans and specifications covering the erection of a sign and supporting framework that are submitted as part of a sign permit application shall be certified by a Registered Professional Engineer as to the structural adequacy of the sign. Sign Permit Issuance 27. The City’s Chief Building Official may approve or refuse any sign permit application, and may impose any conditions upon an approval as he or she determines to be appropriate. 28. The City shall refuse to issue a permit if the proposed sign does not comply with this By-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Sign Permit 29. The City’s Chief Building Official may revoke a sign permit under any of the following circumstances: (a) the sign permit has been issued in error; (b) the sign for which the sign permit was issued is erected in contravention of any part of this By-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the sign permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; (e) the sign permit holder requests that the sign permit be revoked; or (f) 6 months have elapsed following the date of sign permit issuance and the sign authorized by the sign permit has not been erected. Special Sign Districts 30. In addition to the requirements of Sections 33 to 35, every permit application for a sign in a Special Sign District shall be accompanied by scale drawings clearly showing, (a) the proposed sign materials, letter fonts and colours; (b) the proposed means of any sign illumination; and (c) in the case of a wall sign, an accurate building elevation drawing showing the size of the sign and a cross-section of the sign showing the proposed method of affixing the sign to the building. By-law No. XXXX/24 Page 13 Heritage Properties 31. (a) A sign permit for a sign in a heritage conservation district shall not be issued unless the sign conforms to the applicable heritage conservation district guidelines adopted by the City. (b) A sign permit for a sign on heritage property shall not be issued unless the applicant has met all additional requirements under the Ontario Heritage Act. Ground Signs 32. (1) Ground signs shall comply with the following restrictions: Use Maximum Sign Height Maximum Sign Area Maximum Number Minimum Setback* Low Density Residential Prohibited Prohibited Prohibited Prohibited Part of the Open Space System Prohibited Prohibited Prohibited Prohibited High Density Residential 2.0 metres 4.0 square metres 1 3.0 metres Institutional 2.0 metres 4.0 square metres 1 3.0 metres Commercial or industrial (less than 30 metre frontage) 4.0 metres 10.0 square metres 1 per street frontage 3.0 metres Commercial or industrial (30 metre frontage or more) 6.0 metres 18.0 square metres 1 per street frontage 3.0 metres All Other Uses 3.0 metres 6.0 square metres 1 per street frontage 3.0 metres *setback from property lines (2) Specific Ground Sign Regulations: (a) Notwithstanding section 32. (1), no ground sign exceeding 1.5 square metres in sign area or 1.5 metres in sign height shall be erected in a Special Sign District. (b) Every ground sign shall contain the municipal address number in numerals (refer to the City’s By-law pertaining to Civic Numbering of Buildings and Properties, By-law 7686/19, as amended or replaced from time to time). (c) Every ground sign shall be located on the property to which the sign relates, and shall only reference businesses located on that property. (d) Subject to subsection (e), a maximum of one ground sign shall be permitted for each street frontage on any one property. (e) A second ground sign shall be permitted on a property in a commercial or industrial zone where the street frontage is not less than 200 metres, and the ground signs are not located within 100 metres of each other. (f) For regulations specific to an electronic message display, refer to Section 63. By-law No. XXXX/24 Page 14 Wall Signs 33. (1) Wall signs shall comply with the following restrictions: Use Maximum Sign Area Maximum Number Minimum Height from Ground Low Density Residential Prohibited Prohibited Prohibited High Density Residential 4.0 square metres 1 per frontage 2.4 metres Institutional 4.0 square metres 1 per frontage 2.4 metres Commercial / Industrial (multi-tenant & multi-storey) 15 percent of tenancy walls 1 per owner/tenant per frontage of the tenancy walls 2.4 metres Mixed-use Building 15 percent of tenancy walls 1 per owner/tenant per frontage of the tenancy walls 2.4 metres All Other Uses 4.0 square metres 1 per frontage 2.4 metres (2) Specific Wall Sign Regulations: (a) Notwithstanding section 33. (1), no wall sign exceeding 1.5 square metres in sign area shall be erected in a Special Sign District. (b) Except as permitted by By-law 7686/19, as amended or replaced from time to time, and Section 61 (home-based businesses), no wall sign shall be erected for a low density residential use. (c) A wall sign shall be located within the demising tenancy walls. (d) The maximum sign area per tenancy includes the combined sign area of wall signs and canopy signs. (e) In a commercial or industrial building containing multiple tenancies, the applicable building face area for a wall sign respecting an individual tenancy shall be measured only to the limits of the tenancy demising walls adjacent to the wall on which the sign is located. (f) No wall sign shall be erected for a high density residential use other than a sign displaying the building identification, corporate logo or similar content on the highest storey of the building, a minimum of 2 storeys above grade and shall not exceed 6.0 square metres in sign area. (g) No wall sign shall be erected on any building that contains more than 1 storey above grade other than on the first storey, the second storey, and highest storey of such building. (h) A maximum of one wall sign may be erected on each wall face of the highest storey of a building that is more than 2 storeys above grade. By-law No. XXXX/24 Page 15 (i) No part of a wall sign shall project more than 0.5 metres from the building except in the case of a canopy sign provided it is located a minimum of 2.4 metres above grade and does not project more than 2.0 metres from any wall it is attached to. (j) For regulations specific to an electronic message display, refer to Section 63. (k) For regulations specific to canopy signs, refer to Section 36. Development Signs 34. Specific Development Sign Regulations: (a) Development signs shall not be permitted in the Open Space System. For all other land uses, development signs not exceeding 6.0 metres in sign height and with a setback of at least 3.0 metres shall be permitted. (b) A maximum of one development sign having a sign area not exceeding 20 square metres may be erected on each street frontage on any single development site. (c) A maximum of two additional development signs having a sign area not exceeding 10 square metres may be erected on any vacant property outside of the development site. (d) No more than three development signs shall be erected in relation to any single development project. (e) A development sign shall be removed no later than 30 days upon the earlier of, (i) the completion of sales related to the development; or (ii) 24 months after the date the sign permit is issued; or (iii) as prescribed by specific locational City policies/standards which permits identified periods of time/duration. Billboard Signs 35. Specific Billboard Sign Regulations: (a) No billboard sign shall exceed a sign area of 20 square metres. (b) No billboard sign shall exceed a sign height of 7.5 metres. (c) No billboard sign shall be erected on a roof of a building. (d) No billboard sign shall be located within 250 metres of any other billboard sign. (e) No billboard sign shall be located within 3 metres of a property line. (f) For regulations specific to an electronic message display, refer to Section 63. (g) Where an existing Billboard sign is to be revised to an Electronic Display Board a sign permit is required. By-law No. XXXX/24 Page 16 (h) Billboard signs shall not be permitted in any location other than within the Billboard Sign District shown in Schedule “B”. Canopy Signs 36. Specific Canopy Sign Provisions: (a) No person shall erect or display, or cause to be erected or displayed, a canopy sign except in compliance with the provisions of this subsection. (b) Where a canopy overhangs more than 0.5 metres from a building wall and/or functions as a sign, a sign permit shall be required. (c) No canopy sign shall project more than 2.0 metres from any wall to which it is attached. (d) No canopy sign shall project more than 1.0 metre above a roof line. (e) No canopy sign shall extend beyond the end of a wall except to connect with another canopy sign that is perpendicular to it and of identical dimensions, excluding length. (f) A canopy sign on a first storey may be located partly above the first storey, provided at least half of the sign is on the first storey and all of the sign is located below the lowest window or set of windows on an upper storey. (g) Canopy signs on the same wall face shall be separated vertically by not less than 1.5 metres. (h) No person shall erect or maintain any canopy sign attached or affixed to any land or building so as to project into or over or be suspended over a City Street without an encroachment permit. (i) The issuance of a building permit or sign permit shall not be provided for a canopy sign that projects into or over, or is suspended over a City Street until an encroachment permit is issued. Drive Through Signs 37. Specific Drive Through Sign Regulations: (a) Drive Through Signs include: (i) Menu Board; (ii) Pre-Menu Board; (b) No menu board sign shall exceed a sign area of 4 square metres; (c) No pre-menu board sign shall exceed a sign area of 2 square metres; (d) No person shall erect a drive through sign at any location other than entirely on private property. By-law No. XXXX/24 Page 17 (e) A maximum of one menu board sign is permitted per drive through stacking lane and one pre-menu board sign is permitted per drive through stacking lane. (f) Maximum height per drive through sign shall be 2.5 metres. By-law No. XXXX/24 Page 18 Part 3 – Sign Licences Required Sign Licences 38. (a) No person shall erect any portable sign, banner sign, flag sign, inflatable sign, sidewalk sign or billboard sign without a sign licence. (b) No person shall erect any sign without a sign licence, where a sign licence is required pursuant to this By-law. Sign Licence Applications 39. A sign licence application shall be made by an owner of the property on which the sign is to be erected or an authorized representative of the owner. 40. The City’s Manager, Municipal Law Enforcement, or their designate shall be responsible for administration of all sign licences. 41. All sign licence applications shall be filed using the City's prescribed form. 42. A separate sign licence application is required for every sign. 43. Every sign licence application shall be accompanied by details of the size and location of the proposed sign and the applicable fee(s) set out in the City’s current General Municipal Fees By-law, as amended. 44. Where a sign licence application is for a portable sign for an individual business in a building containing multiple tenants, the application must include written permission from the owner or the owner's authorized representative consenting to the placement of the portable sign. General Sign Licence Requirements 45. All sign licences shall expire on the date indicated on the sign licence. 46. A maximum of four sign licences for signs may be issued concerning an individual business or service in any calendar year provided at least 30 days have elapsed since the expiry of the last portable sign licence and the sign has been removed. 47. (a) A maximum of one sign licence may be issued for a single property at any one time, irrespective of the number of business tenancies located on the property. (b) Notwithstanding the foregoing, new businesses and temporary operations may be permitted additional temporary signage in accordance with Section 54. 48. No sign licence shall be issued on any heritage property. Sign Licence Relief 49. Subject to approval by the City’s Manager, Municipal Law Enforcement Services, relief from the provisions of this By-law for any sign requiring a sign licence may be granted provided such relief is consistent with the objectives of this By-law and the relief is for a maximum of 3 months. By-law No. XXXX/24 Page 19 Portable Signs 50. (1) Portable signs shall comply with the following restrictions: Use Maximum Sign Height Maximum Sign Area Maximum Number Minimum Setback All Residential (High Density and Low Density Residential) Prohibited Prohibited Prohibited Prohibited Special Sign Districts Prohibited Prohibited Prohibited Prohibited Open Space System Prohibited Prohibited Prohibited Prohibited All Other Uses 2.0 metres 4.0 square metres 1* 3.0 metres * per street frontage where 2 street frontages are > 70 metres (2) Specific Portable Sign Regulations: (a) Every portable sign shall be located on the property to which the sign relates. (b) In the case of corner properties, no portable sign shall be located less than 15.0 metres from the inside curb at the point of intersection of the two streets. (c) Portable signs may be illuminated but shall not incorporate electronic message displays, moving parts, or flashing lights or fluorescent materials. (d) Lettering used on a portable sign shall not be greater than 0.2 metres in sign height. (e) No portable sign shall be capable of being connected to a power supply without written Electrical Safety Authority approval. (f) A sign licence for a portable sign shall be valid for a period of not more than 30 days, after which the sign shall be immediately removed. Banner and Inflatable Sign Restrictions 51. (1) Banner and inflatable signs shall comply with the following restrictions: Use Maximum Sign Height Maximum Sign Area Maximum Number Minimum Setback All Residential (High Density and Low Density Residential) Prohibited Prohibited Prohibited Prohibited Special Sign Districts Prohibited Prohibited Prohibited Prohibited Open Space System Prohibited Prohibited Prohibited Prohibited All Other Uses 6.0 metres 4.0 square metres per tenant 1 3.0 metres By-law No. XXXX/24 Page 20 (2) Specific Banner and Inflatable Sign Restrictions: (a) Every banner or inflatable sign shall be located on the property to which the sign relates. (b) No banner or inflatable sign is permitted on canopies, awnings, fences or on sidewalks. (c) A banner or inflatable sign shall be securely affixed to the exterior wall or a roof of a building, or to the ground. (d) A sign licence for a banner sign shall be valid for a period of not more than 30 days on private property, after which the sign shall be immediately removed. (e) A sign licence for an inflatable sign shall be valid for a period of not more than 30 days on private property, after which the sign shall be immediately removed. Flag Signs 52. (1) Flag signs shall comply with the following restrictions: Use Maximum Sign Height Maximum Sign Area Maximum Number All Residential (High Density and Low Density Residential) Prohibited Prohibited Prohibited Special Sign Districts Prohibited Prohibited Prohibited Open Space System Prohibited Prohibited Prohibited All Other Uses 1.8 metres 2.0 square metres 3 (2) Specific Flag Sign Restrictions: (a) Every flag sign shall be located on the property to which the sign relates. (b) A sign licence for a flag sign shall be valid for a period of not more than 30 days on private property, after which the sign shall be immediately removed. Sidewalk Signs 53. (a) Sidewalk signs shall not exceed a sign height of 1.0 metres or a width of 0.6 metres. (b) Sidewalk signs shall not be permitted in any location other than within a Special Sign District. (c) A sidewalk sign shall be installed immediately in front of the business to which it pertains, and shall only be erected during the hours of operation of the business. (d) A sidewalk sign may be located on a public sidewalk provided a minimum of 1.5 metres of unobstructed sidewalk space is maintained. By-law No. XXXX/24 Page 21 (e) A maximum of one sign licence for a sidewalk sign may be issued to an owner. (f) A sign licence for a sidewalk sign shall be valid for a period of 1 year. Billboard Signs 54. (a) No sign licence shall be issued for a new billboard sign unless a sign permit has been issued for such billboard sign. (b) A sign licence for a billboard sign shall be valid for a period of 1 year. Sign Licence Issuance 55. The City may approve or refuse any sign licence application, and may impose any conditions upon an approval as the City determines to be appropriate. 56. The City shall refuse to issue a sign licence if the proposed sign does not comply with this By-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. 57. The City may refuse to issue a sign licence if there are reasonable grounds to believe that the applicant will not operate in accordance with applicable laws or with honesty and integrity. 58. The City may refuse to issue a licence if the applicant has failed to pay fines imposed for previous convictions relating to contraventions of any municipal by-laws. 59. The City may refuse any sign licence if there are existing violations of this By-law on the property where the sign is proposed. Revocation of Sign Licence 60. The City may revoke a sign licence under any of the following circumstances: (a) the sign licence has been issued in error; (b) the sign for which the sign licence was issued is erected in contravention of any provision of this By-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the sign licence has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist (excluding Billboard Signs); or (e) the property owner of the sign licence holder requests that the sign licence be revoked. By-law No. XXXX/24 Page 22 Part 4 – Signs Exempt from Sign Permits and Sign Licences Permitted Signs 61. Signs described in this Part shall be permitted without a sign permit or a sign licence provided all restrictions in this By-law applicable to the signs have been complied with. (1) Signs shall comply with the following restrictions: Sign Type Maximum Size Regulations Community Event Signs 1.5 square metres in sign area No person shall erect a community event sign closer than 100 metres to another community event sign advertising the same community event. No person shall erect a community event sign more than 14 days prior to the event. No person shall erect a community event sign at any location other than entirely on private property or on a boulevard. No person shall permit a community event sign to remain erected after the day of the event. Construction Information Signs Low Density Residential: 3.0 metres in sign height or 4.0 square metres in sign area All Other Uses: 6.0 metres in sign height or 10.0 square metres in sign area No person shall erect a construction information sign unless the person has either entered into a site plan control agreement with the City or the City has issued a building permit or a Fill and Topsoil permit for the construction. No person shall erect a construction information sign except on a temporary fence or other physical barrier, hoarding, around the perimeter of the construction site to which the sign pertains, or on the subject property at where the construction is located. No person shall erect a construction information sign more than 30 days prior to construction commencing. No person shall permit a construction information sign to remain erected 30 days after construction has completed or discontinued. Development Sales Office Signs 1.0 square metres in sign area No person shall erect a development sales office sign except on or immediately surrounding a temporary sales office. No person shall erect a development sales office sign except where it has been shown on building permit application documents and authorized by the City through issuance of a building permit. By-law No. XXXX/24 Page 23 Sign Type Maximum Size Regulations Development Sales Signs 1.2 metre height and 0.8 metre width No person shall erect a development sales sign at any location other than entirely on private property or on a boulevard. No person shall erect a development sales sign within 500 metres of any other development sales sign being used to direct attention to the same temporary sales office. No person shall permit a development sales sign to remain erected in its original location, or within 500 metres of its original location, for a total of more than 72 hours (excluding statutory holidays) during any consecutive 7 day period. No person shall erect a development sales sign with a sign height greater than 0.6 metres within 20 metres of the curb or the edge of the traveled portion of any intersecting street, private road, driveway or Regional road. Directional Signs 1.5 square metres in sign area No person shall erect a directional sign at any location other than entirely on private property. No person shall erect a directional sign unless the sign has no promotional or advertising content. Directory Signs 1.0 square metres in sign area No person shall erect a directory sign at any location other than entirely on private property. No person shall erect more than one directory sign at each access point from a street to the building. Farm Signs 1.5 square metres in sign area No person shall erect more than one farm sign per property. No person shall erect a farm sign at any location other than entirely on private property. Filming Location Signs N/A No person shall erect a filming location sign unless the person has received a filming permit from the City. No person shall erect a filming location sign other than at a location that is approved and identified within a filming permit. No person shall erect a filming location sign at any location other than entirely on private property or on a boulevard. No person shall erect a filming location sign other than while the film is in production. By-law No. XXXX/24 Page 24 Sign Type Maximum Size Regulations Flags 2.7 square metres in sign area A maximum of three flags bearing a crest, emblem or insignia of any corporation, federal, provincial and municipal government agency, Country, or religious, charitable, fraternal, cultural or community organization are permitted on one property. Such flags do not require a sign licence or sign permit. No person shall erect a flag at any location other than entirely on private property. No person shall erect more than three flags on a single property. One flag (Federal, Provincial or Municipal) on a commercial or industrial zoned property may exceed the maximum size. Garage/Yard Sale Signs 1.0 square metres in sign area No person shall erect a garage/yard sale sign at any location other than entirely on private property or on a boulevard. No person shall erect a garage/yard sale sign more than 3 days prior to the day of the sale. No person shall permit a garage/yard sale sign to remain erected after the day of the sale. Automobile Service Station Signs 1.0 square metres in sign area No person shall erect a sign on an automobile service station canopy that contains anything other than corporate identification of the owner or operator of the gasoline station. Automobile service station signs are permitted to have electronic message boards subject to the restrictions for electronic message displays set out in Section 63 of this By-law. Automobile service station signs are permitted to be located on the columns of the gas station canopy, on top of gasoline pumps or free-standing on gasoline pump aprons or islands. Home-Based Business Signs 0.2 square metres in sign area No person shall erect a home-based business sign unless a home-based business licence has been issued by the City. No person shall erect a home-based business sign in any location other than on the front wall, door, mailbox, or on a post not exceeding 1 metre in height entirely on private low density residential property. No person shall erect a home-based business sign that is internally illuminated. By-law No. XXXX/24 Page 25 Sign Type Maximum Size Regulations Home Improvement Signs 1.0 square metres in sign area No person shall erect a home improvement sign at any location other than entirely on private property where the home improvement is being undertaken. No person shall erect a home improvement sign more than 2 days prior to the commencement of the home improvement project. No person shall permit a home improvement sign to remain erected for more than 90 days. Interior Signs 20 percent of total window area on first storey No person shall erect an interior sign unless it is erected in a window of a building used for office, commercial or industrial. Model Home Signs 2.0 square metres in sign area No person shall erect a model home sign at any location other than on a property containing a model home. No Trespassing Signs 0.3 square metres in sign area No person shall erect a no trespassing sign at any location other than entirely on private property. Posters 0.5 square metres in sign area No person shall erect a poster on a fixture. No person shall erect a poster on a vehicle or trailer that is parked or located for the purpose of sign display. Real Estate Signs All Residential or Open Space System: 1.0 square metres in sign area Other Uses: 2.5 square metres in sign area No person shall erect a real estate sign at any location other than entirely on the property advertised for sale. No person shall erect a real estate sign except for entirely on private property No person shall erect more than one real estate sign per property unless the property is at least 0.5 hectares in size, then no person shall erect more than two real estate signs on separate street frontages. Real Estate Open House Signs 1.0 square metres sign area; and, 1.0 metre sign height No person shall display more than eight real estate open house signs in connection with any one open house. No person shall erect an open house sign except for between the hours of 8:00 am to 8:00 pm on the day of the open house as indicated on the sign. By-law No. XXXX/24 Page 26 Sign Type Maximum Size Regulations No person shall erect a real estate open house sign at any location other than entirely on private property or on a boulevard at least 3.0 metres from another sign for the same listing. No person shall display a real estate open house sign that does not list the date and time of the open house. (2) Specific Sign Restrictions: (a) This section shall not apply to any sign lawfully erected prior to the passing of this By-law provided such sign has continuously remained in its location and has not been substantially altered. (b) No person shall erect a sign that exceeds the size permitted in this By-law. (c) Should the above provisions not be met, a Sign Permit or Sign Licence may be required, as well as an associated Sign Variance. By-law No. XXXX/24 Page 27 Part 5 – General Restrictions General Restrictions Applicable to all Signs 62. No person shall erect any sign, (a) that does not comply with any provision of this By-law; (b) that does not comply with any condition of a sign permit, sign licence or variance; (c) that advertises a use not permitted by the City’s Zoning By-law applicable to the property on which the sign is located; (d) without a sign permit if a sign permit is required; (e) without a sign licence if a sign licence is required; (f) on or over, or partly on or over, public property or any part of a street without the City's approval unless the sign is expressly permitted by this By-law to be erected on a sidewalk or a boulevard. This includes any sign advertising a business, service, sale or event unless expressly listed as a permitted sign in this By-law; (g) with the exception of temporary signs permitted within a boulevard, every sign shall be authorized by the registered Owner of the lot on which it is to be located; (h) on or over, or partly on or over a driveway, a parking space, loading space or aisle required by the City’s Zoning By-law; (i) within 3.0 metres of a driveway at the streetline; (j) within 15.0 metres of a traffic light; (k) on a walkway or other means of egress on a property unless there is a minimum of 1.5 metres of unobstructed footpath space between the sign and the nearest structure; (l) that projects less than 2.4 metres above the walking surface of a pedestrian walkway; (m) that pertains to a past event or purpose that no longer applies subject to the timeline criteria as stated which is applicable to the sign type; (n) that is structurally faulty, has broken, displaced or missing parts, is inappropriately displayed, contains lettering that is no longer fully legible, or is otherwise not maintained properly; (o) on a roof or projecting in whole or in part above the roof, eaves or parapet of a building; (p) no sign shall obstruct or impede the functioning of any flue or air intake or any exhaust; (q) in a location that obstructs the view of any pedestrian or motorist so as to cause an unsafe condition; By-law No. XXXX/24 Page 28 (r) that interferes with, or obstructs the view of, an authorized traffic sign, traffic signal or official sign; (s) no sign shall screen from view, obstruct or impede any emergency vehicle access, fire route, fire escape, hydrant, standpipe, fire exit, exit direction marker, fire fighter’s access panel or other fire safety device, or prevent or impede free access from or to any part of a building or fire access by fire fighters to any part of a building; (t) that advertises a business, service, or product that is not located on the property where the sign is erected, unless expressly permitted by this By-law; (u) located within a visibility triangle formed by the intersection of a street line and a driveway line, or the projections thereof and a straight line connecting 6.0 metres from their point of intersection or a railway sight triangle; (v) that obstructs, or is located in, a required parking space; (w) that has more than two sign faces; (x) that is obscene or in bad taste; (y) no sign shall, by reason of its size, location, content, colouring or manner of illumination, obstruct the vision of drivers entering or leaving a city street, regional road, or provincial highway from or to another city street, regional road or a provincial highway or private road or driveway or obstruct, detract from or interfere with the visibility or effectiveness of any traffic sign or traffic signal light or any City street, regional road or provincial highway; (z) no sign shall resemble any regulatory traffic sign established under the Highway Traffic Act or the regulations made thereunder or be used for the purpose of attempting to direct the movement of traffic; (aa) no sign shall have a colour, shape or location which may cause it to be confused with any traffic control sign, signal or device; (bb) no sign shall be erected or displayed in such a manner as to interfere with any public service or utility; (cc) no person shall erect, paint, mark or inscribe any sign containing any promotional or advertising content, (dd) on pavement; (ee) on the exterior wall of a building except as approved by the City; (ff) on a utility pole, tree, stone or other natural object, or a fence unless as identified within this By-law; or (gg) on a vehicle or on a trailer that is parked or located for the purpose of sign display. By-law No. XXXX/24 Page 29 Electronic Message Displays 63. (1) No person shall erect an electronic message display which does not comply with the following restrictions: Permitted sign types Only permitted on permanent ground signs, wall signs and billboard signs Maximum sign area As per ground sign, wall sign, and billboard sign provisions Maximum sign height As per ground sign, wall sign and billboard sign provisions Minimum setback from a low density residential dwelling 100 metres Minimum setback from another electronic message display 100 metres Minimum setback from property line 3.0 metres Permitted content Alphanumeric characters and digital images Minimum dwell time 6 seconds Maximum day time luminance 5,000 nits Maximum night time luminance 300 nits Hours of dimming/turning off Must operate within maximum night time luminance between 9:00 pm to 8:00 am for signs located within 200 metres of a residential use, and in all other instances, between 11:00 pm to 7:00 am (2) Specific Electronic Message Display Restrictions: (a) No person shall erect an electronic message display that contains full motion video, animation or movement, or displays third party advertising except for billboard signs. This does not include menu boards. (b) No person shall erect an electronic message display on a wall sign or ground sign that does not relate to the property it is located on. (c) All electronic message displays require an ambient light sensor that will automatically adjust the sign luminance according to the environmental conditions. By-law No. XXXX/24 Page 30 Boulevards 64. Where signs are permitted by this By-law to be erected on a boulevard, no such sign shall be erected closer than 1.0 metres from the curb of a street or, where there is no curb, closer than within 2.0 metres of the travelled portion of a street. Vacant Properties 65. No person shall erect any sign, other than a development sign, community event sign, filming location sign, real estate sign, farm sign or no trespassing sign on vacant property. Special Sign Districts 66. (a) No development sign, portable sign, banner sign, inflatable sign, flag sign or electronic message display shall be erected in a Special Sign District. (b) Section 66. (a) does not apply to community event signs. Election Signs 67. Election signs must comply with all applicable provisions of Election Sign By-law 7591/17, as amended or replaced from time to time. By-law No. XXXX/24 Page 31 Part 6 – Sign Permit Variances Variance Provisions 68. Variances for any sign requiring a sign permit must be approved by the Director. 69. An application for a sign variance shall be made on the appropriate form and shall be accompanied with the prescribed fee set out in the City’s current General Municipal Fees By-law. 70. Every sign variance application shall include all of the information required to be submitted in relation to a permit application under Sections 31 to 37 (if applicable) and shall also include written reasons why the provisions of this By-law cannot be complied with. 71. The Director may recommend authorization for a sign variance from the provisions of this By-law if the general intent and purpose of this By-law is being maintained. 72. In considering an application for a sign variance, the Director shall have regard for: (a) special circumstances or conditions applying to the property, building or use referred to in the application; (b) whether strict application of the provisions of this By-law in the context of the special circumstances applying to the property, building or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant that are inconsistent with the objectives of this By-law; (c) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; and (d) whether the sign that is the subject of the variance will alter the character of the area. 73. Signs approved under the provisions of a site plan control agreement shall be deemed to be in compliance with the provisions of this By-law. 74. Prior to making a determination on any variance application, the application details may be brought to the attention of the City's Site Plan Review Panel. 75. The Director shall notify the applicant prior to the meeting of the City's Site Plan Review Panel to provide the applicant an opportunity to appear before the City’s Site Plan Review Panel to make representations respecting the application. 76. When commenting on a variance, the City's Site Plan Review Panel shall act under the authority given to it under this By-law and not under the Planning Act, R.S.O 1990, c. P.13 and shall have regard for 66(a) to (d). 77. If the applicant does not attend the City's Site Plan Review Panel meeting at the appointed time, the City’s Site Plan Review Panel may proceed in the absence of the applicant and the applicant shall not be entitled to any further notice dealing with the application. By-law No. XXXX/24 Page 32 78. The Director may approve or refuse any variance application, and may impose any conditions upon an approval as he or she determines to be appropriate. 79. If the Director refuses to grant a variance, he or she shall advise the applicant and provide the applicant with written reasons for the refusal. By-law No. XXXX/24 Page 33 Part 7 – Exemptions 80. This By-law shall apply to all existing and proposed signs in the City other than, (a) Official Signs; (b) signs on a property that are less than 0.2 square metres in area provided they do not contain any promotional or advertising content; and (c) any advertising on fixtures approved by the City or the Region. 81. This By-law does not apply to any changes to a sign face if, (a) the sign has been previously approved; (b) there is no change in sign area, shape, construction or design; and (c) the sign is not located within a Special Sign District. By-law No. XXXX/24 Page 34 Part 8 – Enforcement Administration and Inspections 82. An officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By-law have been complied with. 83. An Officer(s) is authorized to enforce the provisions of this By-law. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. 84. Where an officer has reasonable grounds to believe that an offence has been committed by a person under this By-law, the officer may require the name, address and proof of identity of that person, and the person shall supply the requested information. 85. Where a sign is erected or displayed in contravention of any provision of this By-law, any person named on the sign shall be presumed to have been the person who erected or displayed the sign, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 86. Where a sign is erected or displayed in contravention with any provision of this By-law, and the sign has no person’s name on it, but a telephone number appears on the sign, any person to whom the telephone number is listed in a telephone directory, including any internet directory, shall be presumed to have been the person who erected or displayed the sign, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 87. Where a sign is erected or displayed by a Corporation in contravention of any provision of this By-law, the directors and officers of the corporation shall be presumed to have knowingly concurred in the erection or display of the sign in contravention of this By-law, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. Order to Comply 88. (a) Where an officer is satisfied that there has been a contravention of any provision of this By-law, the officer may issue an order requiring the owner of the property on which the contravention has occurred or the person who erected the sign to do work to correct the contravention, including removal of the sign. (b) An order shall set out, (i) reasonable particulars of the contravention; (ii) the location of the property; (iii) the general nature of the work required to be done to correct the contravention; and (iv) the date by which the work must be done. By-law No. XXXX/24 Page 35 (c) An order may be served by, (i) personally delivering it to the owner; (ii) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property; or (iii) sending it by registered mail to the owner at the last known address of the owner. (d) If the address of an owner is unknown or the City is unable to effect service on an owner in accordance with subsection (c), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's property. (e) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, 3 days after it was mailed, or the date that it is posted on the property, as the case may be. 89. No person shall fail to comply with an order issued under this By-law. Remedial Action 90. (a) Where an order has been issued respecting any sign and compliance has not been achieved by the date specified in the order, the City may cause the work set out in the order to be done. (b) The City may recover all costs of doing any work undertaken pursuant to subsection (a), together with an administration charge equal to 25 percent of such costs, from the owner by adding the costs to the tax roll and collecting them in the same manner as property taxes. Removal of Signs 91. (a) Where a sign is erected on, over, partly on, or partly over, property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice or compensation and may be disposed of at the City’s discretion. signs made of paper or any substance that will degrade will be disposed of immediately. (b) A sign removed by the City may be stored for a period of not more than 30 days, during which time the sign may be redeemed by the person who erected the sign upon payment of the applicable fee set out in the City’s current General Municipal Fees By-law. (c) Signs not redeemed by the person who erected the sign within 30 days of removal by the City shall be disposed of by the City without notice or compensation. (d) An Officer may enter onto a Property or Premises at any time and/or may remove a sign immediately without notice or compensation to the Owner if the sign constitutes a safety hazard or a concern. By-law No. XXXX/24 Page 36 (e) A person who erects a sign may be responsible for the cost of its removal, storage, and/or disposal. These costs may be collected by the same manner as taxes as per the Municipal Act, 2001, S.O. 2001. Liens 92. All costs incurred by the City for the removal, care and storage of a sign that was erected in contravention of this By-law are a lien upon the sign that may be enforced by the City under the Repair and Storage Liens Act, R.S.O. 1990, c. R.25. Offences and Penalties 93. Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to: (a) A fine of not more than $100,000.00 (b) In the case of a continuing offence, a minimum fine for each day or part thereof shall be a minimum of $500.00 and a maximum of $10,000.00. Daily fines for a continuing offence shall not be limited to $100,000.00. (c) In addition to any other fines under this section, a special find may be imposed if the commission of an offence resulted in economic gain or advantage. The maximum amount of a special fine may exceed $100,000.00. 94. No person shall make a false or intentionally misleading recital of fact, statement or representation in any application or other document required by this By-law. 95. If a sign has been erected or displayed in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. Repeal By-law 6999/09, as amended, is repealed. Effective Date This By-law comes into effect on the date of its passing. By-law passed this XXXX day of XXXX, 2024. ___________________________________ Kevin Ashe, Mayor ___________________________________ Susan Cassel, City Clerk By-law No. XXXX/24 Page 37 Schedule “A” – Special Sign Districts Schedule "A1" Liverpool Road Waterfront District Schedule "A2" Whitevale District Schedule "A3" Greenwood District Schedule "A4" Cherrywood District Schedule "A5" Green River District Schedule "A6" Claremont District Schedule "A7" Brougham District Schedule "A8" Kinsale District Schedule "A9" Balsam District By-law No. XXXX/24 Page 38 Schedule “B” – Billboard Sign Districts SCHEDULE A1 LIVERPOOL ROAD WATERFRONT DISTRICT Frenchman's Bay Lake Ontario Schedule A1 to By-Law XXXX/24 Passed This XXrd Day of XXXX 24 I <ll C SCHEDULEA2 WHITEVALE DISTRICT .8 1-------1 ~ Schedule A2 to By-Law XXXX/24 Passed This XXrd Day of XXXX 24 ;o <ll 0 0::: ts lo .z l SCHEDULE A3 GREENWOOD DISTRICT @re-e:n1'.i' Town of Ajax Schedule A3 to By-Law XXXX/24 Passed This XXrd Day of XXXX 24 -ssii:m-: I SCHEDULEA4 CHERRYWOOD DISTRICT Schedule A4 to By-Law XXXX/24 Passed This xxrd Day of XXXX 24 -0 rn 0 0:: ..><: C rn ..0 Q) en 0 0:: .... -. I SCHEDULE AS GREEN RIVER DISTRICT Q) 0 :jl ' a: ~I..c,~· :J 0 ~ ~ Q) C ct------------1...., 3: ~ Cl C ·;:: Q) -"' '-'i--------'------1a:: Eror-------,------4 ..c ~ ctl ~ Schedule A5 to By-Law XXXX/24 N IiIQ> .-o iti) I Passed This XXrd Day of XXXX 24 SCHEDULE AG CLAREMONT DISTRICT g Tmf~hip of Uxbri~e ___ ,...._ ........ ---... ........ -----,...,.....--·1....---U-xb ,idge-P-ickerr;ig-Townline ~.g,0a~dla,......,,.----+,,---, § ij) 'Q)-----t-i u ~ ci3---'-I " lffi--..+~ ~ it,--r-_,._,, ±t ""' u 0 '° (0 ~ I» C: iii-----l :Pl Schedule A6 to By-Law XXXX/24 Passed This XXrd Day of XXXX 24 ! SCHEDULE A7 BROUGHAM DISTRICT Schedule A? to By-Law XXXX/24 Passed This xxrd Day of XXXX 24 I _J SCHEDULE AB KINSALE DISTRICT Schedule AB to By-Law XXXX/24 Passed This XXrd Day of XXXX 24 ""O cu 0 0::: Q) CJ) ""O ii:: Q) >, -"' cu ..0 c..J :!:: ..c s '+-0 C 3: ~ I SCHEDULE A9 BALSAM DISTRICT Schedule A9 to By-Law XXXX/24 Passed This XXrd Day of XXXX 24 I ~ . ,r jE3 0 0,0 ,'t}~ rZJ 9; Cll ~ t · t~I co (,,) SCHEDULE B BILLBOARD DISTRICT ,--PERMITTED BILLBOARD AREA -J dimension taken from centreline of road Schedule B to By-Law Passed This XXrd Day of XXXX 24 XXXX/24 1-= I it,---, i--L.....---'>.,l..-1 ~ J Appendix II to Report PLN 25-24 Draft By-law to Amend By-law 6191/03 General Municipal Fees The Corporation of the City of Pickering By-law No. XXXX/24 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees Whereas the Council of The Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04, By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07, By-law 6857/08, By-law 6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14, By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18, By-law 7679/19, By-law 7740/20, By-law 7823/21, By-law 7918/22, By-law 7983/23, By-law 8017/23, By-law 8065/23; and By-law 8074/24 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule “I” to By-law 6191/03, as amended, is hereby revised by deleting the fees with respect to Sign Licneces under “By-law & Animal Services” and replacing them with new Sign Licence Fees as set out in Schedule “I” attached hereto. By-law passed this XX day of XXXX, 2024. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Schedule “I” to By-law XXXX/24 By-law & Animal Services User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Signs Temporary Sign – one month $100.00/each $110.00/each N Portable Sign Licence – 30 days $100.00/each $110.00/each N Banner and Inflatable Sign – 30 days $100.00/each $110.00/each N Flag Sign – 30 days (max of 3 flag signs per property) N/A $125.00 N Sidewalk Sign – 1 year $100.00/each $110.00/each N Billboard Annual Licence $500.00/each $525.00/each N Additional fee for any sign installed prior to licence insurance $50.00/each $65.00/each N Redemption Fee – election signs $25.00/each $30.00/each N Redemption Fee – all signs less than 2m2 $25.00/each $30.00/each N Redemption Fee – all other signs $100.00/each $150.00/each N Sign Variance – all other signs $100.00/each $135.00/each N Response to Comments Received on Proposed Sign By-law Attachment 1 to Report PLN 25-24 # Commenter Comment Action Taken 1 Forward Signs •Menu boards: A maximum of one menu board sign is permitted per business Some businesses with multiple drive-thru lanes need one menu board per lane. It would be more effective to permit one menu board per drive-thru lane. •Staff have revised the Menu Board Section for Drive Through Signs to allow one Menu Board and one Pre-Menu Board per drive through lane (refer to Section 37 of the Sign By-law). 2 Pattison Signs •Billboard Area: It would be helpful to identify the process required for an applicant to seek approval for a new billboard outside of the defined area. There are areas we would like to propose something where we can meet the billboard regulations, but it is outside of the defined area. •A new Billboard Sign is a permanent sign that requires a sign permit. The by-law includes guidance on the variance process for permanent signs (refer to Part 6كof the Sign By-law). •Definitions: It may be helpful to specifically exclude Billboards from the definition of Ground Signs, to clearly show that the provisions for Ground Signs do not apply to Billboards, and vice versa. •This change has been made to provide greater clarity (refer to Section 4 of the Sign By-law). •If the City refuses to renew a Sign Licence for a Billboard due to other contraventions out of the Sign Owner’s control, it could have severe impacts on the Sign Company. Consider revising the wording to “The City may refuse any sign licence if there are existing violations of this by-law related to the sign the licence is required for on the property where the sign is proposed. •Subject to the approval of the City’s Manager, Municipal Law Enforcement, relief from the provision of this By-law for any sign requiring a sign licence may be granted provided such relief is consistent with the objectives of the By-law and the relief is provided for a maximum of 3 months (refer to Section 49 of the Sign By-law). •Consider revising to “the business or other subject matter to which the sign relates ceases to exist (excluding Billboards); or”. •Change has been made (refer to Section 60(d) of the Sign By-law). •Hours of Dimming / Turning Off – This requirement can be clarified by adding in that these signs “Must operate within maximum nighttime luminance between 9 pm to 8 am for signs located within 200 metres of a low-density residential dwelling, and in all other instances, between 11 pm to 7 am.” •Change has been made (refer to Section 63 of the Sign By-law). •Thanked the City for initiating a review of the Sign By-law and engaging the sign industry in this process. Appreciate the level of transparency through this process and that staff have considered Pattison’s comments. •Would like to recommend that City Council consider expanding the Billboard District further north along Brock Road up to Plummer Street (approx. 120 metres north). This expansion will allow 1 or 2 additional Billboard Signs. The zone for the properties along Brock Road is similar to those properties within the Billboard District, as the uses are generally employment, commercial or light manufacturing, and no public spaces or residential located nearby. The benefits of new billboards include enabling new or existing businesses in Pickering to identify themselves and their services to residents, contains billboards to one area within the City, will allow the opportunity for one or two new billboards, and provides an opportunity to display emergency messages. •Staff considered whether the expansion of the Billboard Sign District was warranted and have concluded that there does not appear to be any compelling reason to expand the existing Billboard Sign District at this time. Staff encourage Billboard signs within the appropriate and existing Billboard district. •What triggered this Sign By-law update? Was it a request of Council?•The Sign By-law review was initiated by City Staff. Staff acknowledged that the existing Sign By-law was approved in 2009, and since then the City has received numerous of variances and amendments to the Sign By-law. Given the number of amendments, and changes to the sign industry, City Staff felt that a review of the Sign By-law was necessary to respond to emerging trends. Response to Comments Received on Proposed Sign By-law # Commenter Comment Action Taken 3 Pro-Signs • Can portable signs be provided with a licence of more than 30 days and more than 1 licence per calendar year per business? • The draft By-law identifies that subject to the approval of the City’s Manager, Municipal Law Enforcement, relief from the provision of this By-law for any sign requiring a sign licence may be granted provided such relief is consistent with the objectives of the By-law and the relief is provided for a maximum of 3 months. Further, each business can have a maximum of four portable signs per year (refer to Section 49 of the Sign By-law). 4 Cheap Mobile Signs • Is there any changes to the mobile signs? • Minimal changes were warranted for Portable Signs. The one change proposed is the maximum number of portable signs for all Other Uses (which excludes all residential, special sign districts and open space systems) permitting a maximum of one sign per street frontage, where two street frontages are less than 70 metres (refer to Section 50 of the Sign By-law). • The City also has now included Flag Signs as a new signage type and includes a definition and applicable provisions (refer to Section 52 of the Sign By-law). 5 Royal LePage • The City of Pickering should partner with RECO (Real Estate Council of Ontario) to develop policies regarding the use of signage. • The draft sign by-law was circulated to RECO. RECO has advised that they do not provide comments, but encourage Real Estate Brokers to provide their feedback to the municipality. 6 Durham Region Association of Realtors & Toronto Regional Real Estate Board • Real estate signs continue to be an important marketing tool for our members, clients and your constituents when promoting the sale of their property. Prohibiting real estate signs only on the property being advertised for sale limits strategic marketing opportunities for the property. The current Pickering sign by-law puts your constituents at a competitive disadvantage to home sellers in neighbouring municipalities. • Staff completed a best practice review of sign by-laws within Durham Region and other neighbouring municipalities. To reduce current sign pollution, staff are proposing regulations to limit the number of signs and the duration they can remain up. Real Estate signs are included under Sign Exemptions from Permits and Licences and consist of Real Estate Open House Signs and Real Estate Signs. Real estate signs must be entirely on the property being advertised for sale, while Real Estate Signs are limited to one per property. If a property is larger than 0.5 hectares and fronts onto two streets, two signs may be permitted, one per street frontage. Real Estate Open House Signs are permitted on private property or on a boulevard and must be at least 3.0 metres away from another sign for the same listing. A maximum of 8 Open House Real Estate signs are permittedكin relation to any specific Open House (refer to Part 4 of the Sign By-law). • In this regard, we believe that it is imperative to consider best practices used in other municipalities. Regional roads in Durham Region follow different by- laws regarding real estate signs that can cause confusion. Consistency between municipalities for real estate sign by-laws eliminates the competitive disadvantage of restrictions on signs. • The Region of Durham Sign By-law 76-2017 has been repealed and the Region of Durham delegated enforcement to lower tier municipalities. The City’s Sign By-law now applies to signs on private properties, municipal properties, and regional roads. The provisions related to distances from curbs and the travelled portion of the roadway contained within the draft Sign By-law are consistent with provisions previously contained within By-law 76-2017. Response to Comments Received on Proposed Sign By-law # Commenter Comment Action Taken 7 Re/Max Hallmark First Group • Our comments are directed towards the Real Estate signs. We like the maximum sign limits for open houses and support the idea of posting the time and date of the open house on the sign. We do have concerns with the proposed by-law that if an agent is doing an open house on Saturday and Sunday from 2 pm to 4 pm they will be able to put up open house signs on Friday at 2 pm and these signs will be allowed to stay out on the streets until five hours after 4 pm on Sunday. • The draft provisions enable a maximum of eight Real Estate Open House Signs in connection with any Open House, and the provisions allow the Open House Sign to be erected between the hours of 8 am to 8 pm on the day of the Open House as indicated on the Sign. For example, should there be an Open House displayed for Saturday and Sunday from 2 to 4 pm, the Open House Sign would be allowed to be displayed from Saturday at 8 am through to 8 pm, and reinstalled on Sunday from 8 am through to 8 pm (refer to Part 4 of the Sign By-law). • From an enforcement point of view, I think it would be easier to manage if realtors were allowed to put their signs up at 8 am the day of the open house and remove them by 6 pm on the same day as the open house. This would make it a lot easier for officers to identify those individuals who comply and those who are not. • Further, provisions have been included which identify that no Real Estate Open House signs are permitted in any location other than entirely on private property or on a boulevard at least 3.0 metres from another sign for the same listing (refer to Part 4 of the Sign By-law). 8 Mayor and Council • Consider exceptions for Durham Live (large, electronic display signs). Potential to create an entertainment area Schedule. • Through the site plan approval process, exceptions to the sign by-law can be considered and approved without the requirement for a sign variance. Currently, staff are working with Durham Live to consider an electronic display sign along Bayly Street. • Requested that the draft new Sign By-law be circulated to Real Estate Brokers who do business in Pickering. • The draft sign by-law was circulated to all who requested to be notified, which included Real Estate Brokers, the Durham Region Association of Realtors, various Sign Companies, Developers, Architects, Commercial Real Estate Services, Metrolinx, and the Ministry of Transportation. The draft sign by-law was also posted on the City’s social media sites and included in the City’s Economic Development newsletter. • Reduce the size of real estate open house signs. 1 m² is too large. • The size of real estate signs is in keeping with other municipal standards, and in some cases is more restrictive than some. The 1m2 exists within the current sign by-law, which has not resulted in any concerns or issues (refer to Part 4 of the Sign By-law). • Reduce the time the open house sign is erected. Signage should be removed immediately after the Open House. • The existing Sign By-law does not include time restrictions. The draft By-law requires real estate open house signs to be erected between the hours of 8 am and 8 pm on the day of the Open House as indicated on the Real Estate Open House Sign (refer to Part 4 of the Sign By-law). • Clarification whether existing signage that does not conform with the draft new By-law will be recognized. • The proposed Sign By-law identifies that the by-law does not apply to any changes to a sign face if the sign has been previously approved (refer to Section 80كof the Sign By-law). • Include a minimum separation distance for Open House signs on boulevards. • The draft By-law proposes a 3.0 metre separation between signs on a boulevard (refer to Part 4 of the Sign By-law). • Revise menu sign provisions based on comments received from Forward Signs, to permit more than 1 sign if there is a double-lane drive-thruل • The draft By-law proposes one menu board and one pre-menu board per drive through lane (refer to Section 37 of the Sign By-law). Response to Comments Received on Proposed Sign By-law # Commenter Comment Action Taken 9 Residents/Public • Is there no setback requirements for ground signs on private property? • The draft sign by-law proposed that ground signs installed on private property must be setback a minimum 3.0 metre setback from all property lines (refer to Section 32 of the Sign By-law). • How are advertising signs mandated which are located on public infrastructure such as traffic signal posts and contribute to sign pollution? • As per the draft Sign By-law, no sign shall be erected or displayed to interfere with any public service or utility. Further, locational criteria and minimum distances are included from traffic signals and posts. • I didn't read in this document anything about notices (ads) that are on poles, light standards, etc. Often these notices stay on for quite a long time. They end up getting faded, ripped, or don't stay on completely. It can be a real eye sore. Is there any provision for people that post things on structures such as these, that they must be removed within a certain time frame? • Under Part 5 – General Restrictions, there are applicable policies which have been included that would prohibit this type of signage: • Signage is not permitted on public property or any part of a street without the City’s approval unless the sign is expressly permitted by this by-law to be erected on a sidewalk or a boulevard. This includes any sign advertising a business, service, sale or event; • Signage is not permitted within 15 metres of a traffic light; • Signage is not permitted in a location that obstructs the view of any pedestrian or motorist so as to cause an unsafe condition; • Signage that interferes with, or obstructs the view of, an authorized traffic sign, traffic signal or official sign is not permitted; • Signage that advertises a business, service, or product that is not located on the property where the sign is erected is not permitted, unless expressly permitted by this by-law; • Signage is not permitted on a utility pole, tree, stone or other natural object, or a fence; and • These included provisions will enable the City to enforce the removal and appropriate locational placement of signs. • In my hometown, they had a public works pickup truck patrolling the neighbourhood removing illegal and unauthorized signs. We should have the same. • By-law Services enforce the City's Sign By-law. Due to capacity constraints, By-law Services works mainly on a complaint basis. However, if a patrolling By-law enforcement officer comes across a contravention of the Sign By-law, they will enforce it. • I would like to propose some wording that reflects that the small plastic advertising signs that seem to pop up in neighbourhoods on City lands should not be allowed as they create environmental garbage issues. Signs that are on homeowners’ property having or have had work done by advertising companies are okay as these will be removed by the property owner at some point in time. • The proposed draft Sign By-law includes wording that states no person shall erect a sign on or over, or partly on or over, public property or any part of a street without the City’s approval unless the sign is expressly permitted by this By-law to be erected on a sidewalk or boulevard. This includes any sign advertising a business, service, sale or event unless expressly listed as a permitted sign in this by-law (refer to Part 5 of the Sign By-law). • I generally have no opinion on signs with one exception and that is when multiple developers line up their real estate signs on one corner blocking driver sight lines. This happens a lot at Whites Road and Finch typically on weekends. • Sidewalk signs are proposed to be permitted but only by way of getting a sign licence first to permit the sidewalk sign, and there are specific provisions related to them such as size, and location, and are only permitted to be installed in front of the business to which it pertains and during the erected hours of operation of the business. Response to Comments Received on Proposed Sign By-law # Commenter Comment Action Taken • When you are sitting at a red light waiting to turn right at Whites and Finch, trying to look west to see if cars are coming, you have to move so far forward to look around the signs. I kept saying to myself how can that be legal? I think from reading the summary this in fact would be a violation. Not sure how you get action to deal with it on weekends but I think I’m interpreting the rules correctly. If not, I think it should be addressed. • Currently the Sign By-law allows for one real estate sign to be erected entirely on a private property and no more than one real estate sign shall be on any single property, although two real estate signs may be erected on a separate street frontage if the property is at least 0.5 ha in size (refer to Part 4 of the Sign By-law). The proposed Sign By-law has similar provisions for Real Estate Open House Signs, no person shall erect a sign except between the hours of 8 am and 8 pm on the day of the Open House as indicated on the sign and also states that the sign has to be entirely on private property or on a boulevard at least 3.0 metres from another sign. Both Real Estate and Real Estate Open House Signs are exempt from Sign Permits and Sign Licences should they meet the provisions as outlined in the By-law (refer to Part 4 of the Sign By-law). The proposed Sign By-law also includes provisions relating to Development Signs. Development Signs are temporary in nature and advertise a proposed development to be constructed. These signs require a sign permit and are required to be setback a minimum distance of at least 3.0 metres from property limits (refer to Section 34 of the Sign By-law). • Residential street signs are often not easy to locate because they are too close to an intersection or hidden by foliage, and the print is difficult to read when driving past at normal speeds - larger signs and larger print would be helpful. • Residential street signs are administered by Operations Staff. Residential Signs do not fall under the Sign By-law. • Internally illuminated signs, such as the railroad overpass across Kingston, can be so bright at night as to interfere with seeing the road, and pedestrians and bikes along the road. Perhaps not so bright? • The proposed Sign By-law has provisions for Electronic Message Display requiring a maximum nighttime luminance of 300 nits and states hours of dimming turning/off and that the signage must operate within maximum nighttime luminance between 9 pm to 8 am for signs located within 200 metres of a low- density residential dwelling, and in all other instances, between 11 pm to 7 am (refer to Section 63 of the Sign By-law). City staff has confirmed that the existing signage on the railroad overpass across Kingston complies with the draft provisions. Further, the signage on the overpass is considered as an Official Sign under the By-law, and Official Signs are exempt from the provisions of the By-law (refer to Part 7 of the Sign By-law). • Low Density Residential - there are certain circumstances where directional signage is appropriate for Residential areas, this being entrances to gated communities, mobile home parks etc. something to consider. • Directional Signs are exempt from receiving a permit or licence if they comply with the stated provisions. They are not prohibited in residential zones. The proposed By-law has added additional clarity to provide greater flexibility for directional signs in residential areas (refer to Part 4 of the Sign By-law). • Wall Signs-32(1) the maximum sign area and the maximum number contradict each other. The easiest for everyone is to keep it to the percentage of the wall area. • For Commercial, Industrial and Mixed-Use Buildings, the maximum sign area is as a percentage of the wall area. In the case of multi-unit or multi-tenant buildings, the percentage is calculated based on the wall area of each individual unit, rather than the entire building, and only one sign is permitted per frontage of each unit’s wall. If the building is a single unit, the percentage would be based on the total wall area (refer to Section 33 of the Sign By-law). Attachment 2 to Report PLN 25-24 Office Consolidation Sign By-law 6999/09 Passed by Council on November 16, 2009 Last Update: December 13, 2021 Amendments: By-law 7411/15 March 23, 2015 Schedule “A” Amended By-law 7542/17 February 27, 2017 Schedule “A” Amended By-law 7591/17 December 11, 2017 Section 63.(1) to 63.(6) Repealed By-law 7591/17 December 11, 2017 Schedule “A” Amended By-law 7605/18 February 26, 2008 Schedule “A” Amended By-law 7679/19 February 25, 2019 Schedule “A” Amended By-law 7740/20 February 24, 2020 Schedule “A” Amended By-law 7823/21 March 22, 2021 Schedule “A” Amended By-law 7890/21 December 13, 2021 Schedule “A” Amended Sign By-law No. 6999/09 Page 2 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6999/09 A by-law to regulate signs in the City of Pickering. WHEREAS pursuant to paragraph 7 of subsection 11(3) of the Municipal Act, 2001 a lower-tier municipality may pass by-laws respecting signs; AND WHEREAS signs are necessary to advertise or identify services, businesses, locations and provide other information; AND WHEREAS, if not effectively regulated, signs may create a nuisance, affect public safety and detract from the character of the community. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City of Pickering enacts as follows: PART I - INTERPRETATION Objectives 1. This by-law shall be applied and interpreted in a manner consistent with the following objectives: ● Reasonable means should be available to the public to erect signs on property in order to identify facilities, businesses and services located thereon. ● Signs should not create any distraction or safety hazard for pedestrians or motorists, or create any other danger to the public. ● Signs should not create any adverse impacts on adjacent public or private property. ● Signs should not detrimentally alter the physical appearance and architecture of any building. ● Signs should not create unnecessary visual clutter due to their size, number or location. ● Temporary signs should be strictly regulated in order to limit the visual impact on the built environment and the consumption of resources. Sign By-law No. 6999/09 Page 3 Definitions 2. In this by-law, “area”, as it relates to a sign, means the area of the sign facing in one direction; “applicant” means an owner, or any person authorized by an owner, who applies for a permit, licence or variance; “banner” means a temporary sign of lightweight fabric, plastic or similar material; “billboard” means a sign that is fastened, posted, painted or projected in such a manner as to permit its periodic replacement and that advertises goods, products or services that are not available at the location of the sign or that directs a person to a location different from where the sign is located; “boulevard” means all parts of a highway except the roadway, shoulder and sidewalk; “Chief Building Official” means the City’s Chief Building Official or a designate; “City” means The Corporation of the City of Pickering or the geographical area of Pickering, as the context requires; “City Clerk” means the Clerk of the City or a designate; “erect” includes display, attach, affix, post, alter, construct, place, locate, install, relocate and maintain, and cause or permit to be displayed, attached, affixed, posted, altered, constructed, placed, located, installed, relocated and maintained; “first storey” has the same meaning as in the building code; “height”, as it relates to a sign, means the vertical distance from the ground to the highest point of the sign; “heritage conservation district” means a heritage conservation district designated under the Ontario Heritage Act; “heritage property” means property that has been designated under the Ontario Heritage Act to be of cultural heritage value or interest or a property on the City’s registry of properties that the City believes to be of cultural heritage value or interest; “highway” has the same meaning as in subsection 1(1) of the Highway Traffic Act and includes unopened and unassumed road allowances; “inflatable sign” means a temporary sign filled by air or other gas that is either designed to be airborne or tethered to the ground, a vehicle, a roof or any other structure and includes balloons; Sign By-law No. 6999/09 Page 4 “licence” means a sign licence required by this by-law; “low density residential zoning” means zoning for a single detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse, mobile home, or any other residential facility housing 6 or fewer residents; “official sign” means any sign erected by, or under the direction of, a government agency and includes signs designating hospitals, schools, libraries, community centres, arenas or other public government uses and signs required under the Planning Act by the municipality to inform the public of proposed changes on the property; “owner” means the person identified in the most recent tax roll as the owner of a property or a lessee, tenant, mortgagee in possession or any other person who has care and control of a property; “permit” means a sign permit required by this by-law; “person” includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; “portable sign” means any temporary sign readily moveable from place to place including signs commonly referred to as a-frame, t-frame, sandwich boards, signs fixed to a trailer and any type of device used or capable of being used for advertising purposes; “private property” does not include the side of a fence located on a property boundary which faces public property; “property” means a parcel of land, with or without a building or structure, that is a legal lot of record; “Region” means The Regional Municipality of Durham; “setback” means the distance between a property line and the closest portion of a sign; “sign” means any device, notice or visual medium including its structure and other component parts that is used, or is capable of being used, to attract attention to a specific subject matter for identification or advertising purposes; “Special Sign District” means a Special Sign District identified in Schedule “B”; “variance” means a variance required by this by-law; and “zone” means a land use zone prescribed in the City’s zoning by-laws. Sign By-law No. 6999/09 Page 5 References to Legislation 3. In this by-law, reference to any Act, regulation or by-law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 6. Schedule “A” (Fees), Schedules “B1” through “B9” (Special Sign Districts), and Schedule “C” (Billboard District) are attached to and form part of this by-law. 7. Unless otherwise specified, references in this by-law to Parts, sections and Schedules are to Parts, sections and Schedules in this by-law. Conflicts 8. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. 9. Where an industrial building contains commercial uses that are permitted in an industrial category of the City’s zoning by-laws, the sign requirements for a commercial zone shall apply. Measurements 10. All dimensions in this by-law are in millimetres (mm), centimetres (cm), metres (m), hectares (ha) or square metres (m2) and all plans, specifications, documents and other information submitted with any application under this by-law shall use such dimensions. Severability 11. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Sign By-law No. 6999/09 Page 6 PART II - PERMITS Definitions 12. In this Part, “development sign” means a temporary sign that advertises a proposed development, but does not include a construction information sign (section 55), a development sales office sign (section 57), or a development sales sign (section 58); “frontage” means the length of the property line of any one lot parallel to and along each legally accessible public highway; “ground sign” means a sign located on a structural base in or on the ground, but not part of a building, and includes a pylon sign; “high density residential zoning” means zoning for a residential building other than low density residential zoning; and “wall sign” means a sign attached to a building wall and includes a canopy sign and a sign that projects from a wall. Required Permits 13. No person shall erect any ground sign, wall sign, development sign or a billboard without a permit. 14. Notwithstanding section 13, any ground sign, wall sign or development sign lawfully erected prior to the passing of this by-law shall not require a permit provided such sign has continuously remained in its location and has not been substantially altered. 15. Notwithstanding section 13, any billboard lawfully erected prior to the passing of this by-law shall not require a permit provided such billboard has continuously remained in its location, has not been substantially altered and the owner of the billboard has obtained a licence. Permit Applications 16. A permit application shall be made by the owner of the property on which the sign is to be erected or an authorized representative of the owner. 17. The Chief Building Official shall be responsible for administration of all permits. 18. All permit applications shall be filed with the Chief Building Official using the City’s prescribed form. 19. Every permit application shall, Sign By-law No. 6999/09 Page 7 (a) identify and describe in detail the proposed sign and all other signs existing on the property at the time of the application; (b) describe the property on which the proposed sign is to be erected by legal description and municipal address or by other equivalent description that will readily identify the property; (c) state the name, address, telephone numbers and facsimile numbers of the applicant and any persons designing or erecting the sign; (d) be accompanied by plans, specifications, documents and other information describing the construction, dimensions, materials and specific location of the proposed sign in sufficient detail to permit the Chief Building Official to determine whether the sign will comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (e) be accompanied by the applicable fee(s) set out in Schedule “A”; (f) include, where the applicant is not the owner of the property, an authorization for making the application from the owner; and (g) be signed by the applicant who shall certify the accuracy and truth of the contents of the application. 20. If required by the Chief Building Official, all plans and specifications covering the erection of a sign and supporting framework that are submitted as part of a permit application shall be certified by a Professional Engineer as to the structural adequacy of the sign. Special Sign Districts 21. In addition to the requirements of sections 19 and 20, every permit application for a sign in a Special Sign District shall be accompanied by scale drawings clearly showing, (a) the proposed sign materials, letter fonts and colours; (b) the proposed means of any sign illumination; and (c) in the case of a wall sign, an accurate building elevation drawing showing the size of the sign and a cross-section of the sign showing the proposed method of affixing the sign to the building. Sign By-law No. 6999/09 Page 8 Heritage Properties 22. (1) A permit for a sign in a heritage conservation district shall not be issued unless the sign conforms to the applicable heritage conservation district guidelines adopted by the City. (2) A permit for a sign on heritage property shall not be issued unless the applicant has met all additional requirements under the Ontario Heritage Act. Ground Signs 23. (1) Ground signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Low Density Residential Open Space System - Natural Areas Prohibited Prohibited Prohibited Prohibited High Density Residential Institutional 2 m 4 m2 1 3 m Commercial or industrial (less than 30 m frontage) 4 m 10 m2 1 per street frontage 3 m Commercial or industrial (30 m frontage or more) 6 m 18 m2 1 per street frontage 3 m All Other Zones 3 m 6 m2 1 per street frontage 3 m (2) Notwithstanding subsection (1), no ground sign exceeding 1.5 m2 in area or 1.5 m in height shall be erected in a Special Sign District. (3) Every ground sign shall contain the municipal address number in numerals that are a minimum height of 15 cm. (4) Every ground sign shall be located on the property to which the sign relates. (5) Subject to subsection (6), a maximum of 1 ground sign shall be permitted for each street frontage on any one property. Sign By-law No. 6999/09 Page 9 (6) A second ground sign shall be permitted on a property in a commercial or industrial zone where the property fronts onto 1 street only, the street frontage is not less than 200 m, and the ground signs are not located within 100 m of each other. Wall Signs 24. (1) Wall signs shall comply with the following restrictions: Zone Max Area Max Number High Density Residential Institutional 4 m2 2 All Other Zones 15% of building face area 1 per owner/tenant per frontage (2) Notwithstanding subsection (1), no wall sign exceeding 1.5 m2 in area shall be erected in a Special Sign District. (3) Except as permitted by section 54 (address signs) and section 68 (home based business signs), no wall sign shall be erected in a low density residential zone. (4) A wall sign shall be located on the building face used to calculate the maximum sign area. (5) In a commercial or industrial building containing multiple tenancies, the applicable building face area for a wall sign respecting an individual tenancy shall be measured only to the limits of the tenancy demising walls adjacent to the wall on which the sign is located. (6) No wall sign shall be erected on a high density residential building other than a sign displaying the building identification, corporate logo or similar content. (7) No wall sign shall be erected on any building that contains more than 1 storey above grade other than the first storey, the second storey, and highest story of such building. (8) No wall sign shall be erected on the second storey other than a projecting sign where the sign face is perpendicular to the building face. Sign By-law No. 6999/09 Page 10 (9) A wall sign erected on the highest storey of a building that is more than 2 storeys above grade shall only contain the building identification, corporate logo or similar content and shall not exceed 6 m2 in area. (10) A maximum of 1 wall sign may be erected on each wall face of the highest storey of a building that is more than 2 storeys above grade. Development Signs 25. (1) Development signs shall not be permitted in areas zoned “Open Space System - Natural Areas”. In all other zones, development signs not exceeding 6.0 m in height and with a setback of at least 3 m shall be permitted. (2) A maximum of 1 development sign having an area not exceeding 20 m2 may be erected on each street frontage on any single development site. (3) A maximum of 2 additional development signs having an area not exceeding 10 m2 may be erected on any vacant property outside of the development site. (4) No more than 3 development signs shall be erected in relation to any single development project. (5) A development sign shall be removed no later than 30 days after the completion of sales related to the development, or 24 months after the date the permit is issued, whichever occurs earlier. Billboards 26. (1) No billboard shall exceed an area of 20 m2. (2) No billboard shall exceed a height of 10 m. (3) No billboard shall be erected on a roof. (4) No billboard shall be located within 250 m of any other billboard. (5) Billboards shall not be permitted in any location other than within the Billboard District shown in Schedule “C”. Permit Issuance 27. The Chief Building Official may approve or refuse any permit application, and may impose any conditions upon an approval as he or she determines to be appropriate. Sign By-law No. 6999/09 Page 11 28. The Chief Building Official shall refuse to issue a permit if the proposed sign does not comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Permit 29. The Chief Building Official may revoke a permit under any of the following circumstances: (a) the permit has been issued in error; (b) the sign for which the permit was issued is erected in contravention of any provision in Part V, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; (e) the permit holder requests that the permit be revoked; or (f) 6 months have elapsed following the date of permit issuance and the sign authorized by the permit has not been erected. PART III – LICENCES Required Licences 30. No person shall erect any portable sign, banner, inflatable sign, sidewalk sign or billboard without a licence. Licence Applications 31. A licence application shall be made by an owner of the property on which the sign is to be erected or an authorized representative of the owner. 32. The City Clerk shall be responsible for administration of all licences. 33. All licence applications shall be filed with the City Clerk using the City’s prescribed form. 34. A separate licence application is required for every sign. 35. Every licence application shall be accompanied by details of the size and location of the proposed sign and the applicable fee(s) set out in Schedule “A”. Sign By-law No. 6999/09 Page 12 36. Where a licence application is for a portable sign for an individual business in a building containing multiple tenants, the application must include written permission from the owner or the owner’s authorized representative consenting to the placement of the portable sign. General Licence Requirements 37. All licences shall expire on the date indicated on the licence. 38. A maximum of 1 licence may be issued concerning any individual business or service in any calendar year. 39. A maximum of 1 licence may be issued for a single property at any one time, irrespective of the number of business tenancies located on the property. 40. No licence shall be issued on any heritage property. Portable Signs 41. (1) Portable signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Residential Special Sign Districts Open Space System - Natural Areas Prohibited Prohibited Prohibited Prohibited Other Zones 2 m 4 m2 1 3 m (2) Every portable sign shall be located on the property to which the sign relates. (3) In the case of corner lots, no portable sign shall be located less than 15 m from the inside curb at the point of intersection of the 2 streets. (4) Portable signs may be illuminated but shall not incorporate electronic message displays, any moving parts, flashing lights or fluorescent materials. (5) Lettering used on a portable sign shall not be greater than 0.2 m in height. (6) No portable sign shall be capable of being connected to a power supply without written Electrical Safety Authority approval. (7) A licence for a portable sign shall be valid for a period of not more than 30 days, after which the sign shall be immediately removed. Sign By-law No. 6999/09 Page 13 (8) Notwithstanding section 38, a maximum of 4 licences for portable signs may be issued concerning an individual business or service in any calendar year provided at least 30 days have elapsed since the expiry of the last portable sign licence and the sign has been removed. Banner and Inflatable Sign Restrictions 42. (1) Banners and inflatable signs shall comply with the following restrictions: Zone Max Height Max Area Max Number Min. Setback Residential Special Sign Districts Open Space System - Natural Areas Prohibited Prohibited Prohibited Prohibited All Other Zones 6.0 m 10 m2 1 3 m (2) Every banner or inflatable sign shall be located on the property to which the sign relates. (3) A banner or inflatable sign shall be securely affixed to the exterior wall or roof of a building, or to the ground. (4) A licence for a banner or inflatable sign shall be valid for a period of not more than 14 days, after which the sign shall be immediately removed. Sidewalk Signs 43. (1) In this section, “sidewalk sign” means a freestanding temporary sign not affixed to the ground advertising a business and installed immediately in front of the business on private property or on the sidewalk. (2) Sidewalk signs shall not exceed a height of 1.0 m or a width of 0.6 m. (3) Sidewalk signs shall not be permitted in any location other than within a Special Sign District. (4) A sidewalk sign shall be installed immediately in front of the business to which it pertains, and shall only be erected during the hours of operation of the business. (5) A sidewalk sign may be located on a public sidewalk provided a minimum of 1.5 m of unobstructed sidewalk space is maintained. (6) A maximum of 1 licence for a sidewalk sign may be issued to an owner. Sign By-law No. 6999/09 Page 14 (7) A licence for a sidewalk sign shall be valid for a period of 1 year. Billboards 44. (1) No licence shall be issued for a new billboard unless a permit has been issued for such billboard. (2) A licence for a billboard shall be valid for a period of 1 year. Licence Issuance 45. The City Clerk may approve or refuse any licence application, and may impose any conditions upon an approval as he or she determines to be appropriate. 46. The City Clerk shall refuse to issue a licence if the proposed sign does not comply with this by-law, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law. Revocation of Licence 47. The City Clerk may revoke a licence under any of the following circumstances: (a) the licence has been issued in error; (b) the sign for which the licence was issued is erected in contravention of any provision in Part V, the building code, an approved site plan, heritage conservation district guidelines, or any other applicable law; (c) the licence has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; (d) the business or other subject matter to which the sign relates ceases to exist; or (e) the licence holder requests that the licence be revoked. PART IV – SIGNS EXEMPT FROM PERMITS AND LICENCES Permitted Signs 48. Signs described in this Part shall be permitted without a permit or licence provided all restrictions in this by-law applicable to the signs have been complied with. Sign By-law No. 6999/09 Page 15 Community Event Signs 49. (1) In this section, “community event sign” means a temporary sign that advertises a public event organized for a non-profit, civic, cultural, religious or recreational purpose. (2) No person shall erect a community event sign closer than 100 m to another community event sign advertising the same community event. (3) No person shall erect a community event sign more than 14 days prior to the event. (4) No person shall erect a community event sign at any location other than entirely on private property or on a boulevard. (5) No person shall permit a community event sign to remain erected after the day of the event. (6) No person shall erect a community event sign that is more than 1.5 m2 in area. Filming Location Signs 50. (1) No person shall erect a filming location sign unless the person has received a filming permit from the City. (2) No person shall erect a filming location sign that is more than 1.0 m2 in area. (3) No person shall erect a filming location sign other than at a location that is approved in a filming permit. (4) No person shall erect a filming location sign at any location other than entirely on private property or on a boulevard. (5) No person shall erect a filming location sign other than while the film is in production. Garage Sale Signs 51. (1) No person shall erect a garage sale sign that is more than 1.0 m2 in area. (2) No person shall erect a garage sale sign at any location other than entirely on private property or on a boulevard. (3) No person shall erect a garage sale sign more than 3 days prior to the day of the sale. Sign By-law No. 6999/09 Page 16 (4) No person shall permit a garage sale sign to remain erected after the day of the sale. Open House Signs 52. (1) No person shall erect a sign that advertises the location of an open house that is more than 1.0 m2 in area. (2) No person shall erect an open house sign at any location other than entirely on private property or on a boulevard. (3) No person shall erect a sign that advertises the location of an open house at a time other than while the house is open for public inspection. Real Estate Signs 53. (1) In this section, “real estate sign” means a temporary non-illuminated sign erected to advertise that land, a building or portion of a building is offered for sale or rent. (2) No person shall erect a real estate sign that is more than 1.0 m2 in area in a residential or open space zone, or more than 2.5 m2 in area in any other zone. (3) No person shall erect a real estate sign at any location other than entirely on private property. (4) No person shall erect more than 1 real estate sign on any single property. (5) Notwithstanding subsection (4), 2 real estate signs may be erected on separate street frontages if the property is at least 0.5 ha in size. Address Signs 54. (1) In this section, “address sign” means a sign that depicts the personal or building identification and street address of the property on which the sign is located. (2) No person shall erect an address sign in a low density residential zone that is more than 0.2 m2 in area. (3) No person shall erect an address sign in any area that is zoned for uses other than low density residential that is more than 0.4 m2 in area. (4) No person shall erect an address sign at any location other than entirely on private property. (5) No person shall erect an address sign that contains promotional or advertising content. Sign By-law No. 6999/09 Page 17 (6) This section shall not apply to any address sign lawfully erected prior to the passing of this by-law provided such sign has continuously remained in its location and has not been substantially altered. Construction Information Signs 55. (1) In this section, “construction information sign” means a sign advertising construction and may include the name of the project, the architect, engineer, and other firms associated with the project. (2) No person shall erect a construction information sign unless the person has either entered into a site plan agreement with the City or the City has issued a building permit or a topsoil and fill permit for the construction. (3) No person shall erect a construction information sign except on a temporary fence or other physical barrier around the construction site to which the sign pertains or on private property at the construction site location. (4) No person shall erect a construction information sign that is more than 6 m in height or 10 m2 in area. (5) Notwithstanding subsection (4), no person shall erect a construction information sign that is more than 3 m in height or 4 m2 in area in a low density residential area. (6) No person shall erect a construction information sign more than 30 days prior to construction commencing. (7) No person shall permit a construction information sign to remain erected 30 days after the construction has been completed or discontinued. Model Home Signs 56. (1) No person shall erect a model home sign that is more than 2.0 m2 in area. (2) No person shall erect a model home sign at any location other than on a lot containing the model home. Development Sales Office Signs 57. (1) In this section, “development sales office sign” means a sign erected on a temporary sales office where new homes and other developments are marketed to the public. (2) No person shall erect a development sales office sign except on or immediately surrounding a temporary sales office. Sign By-law No. 6999/09 Page 18 (3) No person shall erect a development sales office sign except where it has been shown on permit application documents and authorized by the City through issuance of a building permit. Development Sales Signs 58. (1) In this section, “development sales sign” means a sign directing people to a temporary sales office where new homes and other residential developments are marketed to the public. (2) No person shall erect a development sales sign that is more than 1.5 m2 in area. (3) No person shall erect a development sales sign at any location other than entirely on private property or on a boulevard. (4) No person shall erect a development sales sign within 500 metres of any other development sales sign being used to direct attention to the same temporary sales office. (5) No person shall permit a development sales sign to remain erected in its original location, or within 500 metres of its original location, for a total of more than 72 hours (excluding statutory holidays) during any consecutive 7-day period. Directional Signs 59. (1) In this section, “directional sign” means a sign that is intended solely for public information, safety or convenience in directing persons or traffic. (2) No person shall erect a directional sign that is more than 1.5 m2 in area. (3) No person shall erect a directional sign at any location other than entirely on private property. (4) No person shall erect a directional sign unless the sign has no promotional or advertising content. (5) This section shall not apply to any directional sign lawfully erected prior to the passing of this by-law provided such sign has continuously remained in its location and has not been substantially altered. Directory Signs 60. (1) In this section, “directory sign” means a sign for a building containing multiple occupancies. (2) No person shall erect a directory sign that is more than 1 m2 in area. Sign By-law No. 6999/09 Page 19 (3) No person shall erect a directory sign at any location other than entirely on private property. (4) No person shall erect more than 1 directory sign at each access point from a highway to the building. (5) This section shall not apply to any directory sign lawfully erected prior to the passing of this by-law provided such sign has continuously remained in its location and has not been substantially altered. Menu Boards 61. (1) In this section, “menu board” means a sign erected as part of a drive- through facility and used to display and order products and services available at the drive-through business. (2) No person shall erect a menu board that is more than 4 m2 in area. (3) No person shall erect a menu board at any location other than entirely on private property. (4) No person shall erect more than 1 menu board on any single property. (5) This section shall not apply to any menu board lawfully erected prior to the passing of this by-law provided such menu board has continuously remained in its location and has not been substantially altered. Farm Signs 62. (1) In this section, “farm sign” means a sign advertising the sale of farm produce grown or produced on the property where the sign is located. (2) No person shall erect a farm sign that is more than 1.5 m2 in area. (3) No person shall erect a farm sign at any location other than entirely on private property. (4) No person shall erect more than 1 farm sign on a single property. Election Signs 63. (1) to 63. (6) Repealed by By-law 7591/17 Flags 64. (1) No person shall erect a flag other than a flag bearing the crest, emblem or insignia of any corporation, federal, provincial and municipal government agency, or religious, charitable, fraternal, cultural or community organization. Sign By-law No. 6999/09 Page 20 (2) No person shall erect a flag that is more than 2.0 m2 in area. (3) No person shall erect a flag at any location other than entirely on private property. (4) No person shall erect more than 3 flags on a single property. Interior Signs 65. (1) In this section, “interior sign” means a sign in the interior of a building that is intended to be seen outside of the building and includes a window sign. (2) No person shall erect an interior sign unless it is erected in a window on the first storey of a building zoned for office, commercial or industrial uses. (3) No person shall erect an interior sign that exceeds 20% of the total window area on the first storey of the building. Home Improvement Signs 66. (1) In this section, “home improvement sign” means a sign advertising or promoting landscaping, home repairs or home renovations. (2) No person shall erect a home improvement sign that is more than 1.0 m2 in area. (3) No person shall erect a home improvement sign at any location other than entirely on private property where the home improvement is being undertaken. (4) No person shall erect a home improvement sign more than 2 days prior to the commencement of the home improvement project. (5) No person shall permit a home improvement sign to remain erected for a total of more than 90 days. No Trespassing Signs 67. (1) No person shall erect a “No Trespassing” sign that is more than 0.3 m2 in area. (2) No person shall erect a “No Trespassing” sign at any location other than entirely on private property. Sign By-law No. 6999/09 Page 21 Home Based Business Signs 68. (1) No person shall erect a home based business sign unless a home based business licence has been issued by the City. (2) No person shall erect a home based business sign that is more than 0.2 m2 in area. (3) No person shall erect a home based business sign in any location other than entirely on private property in a low density residential zone. (4) No person shall erect a home based business sign unless no other sign is erected on the property. (5) No person shall erect a home based business sign that is internally illuminated. Posters 69. (1) In this section, “fixture” means any structure that the City permits to be located within a boulevard including a utility box, newspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, hydro pole, streetlight, stoplight pole, recycling waste module, mailbox, tree and street sign; and “poster” means a printed notice conveying information intended to be displayed for a temporary period of time and includes a bill, handbill, leaflet and placard. (2) No person shall erect a poster on a fixture. (3) No person shall erect a poster on a motor vehicle. Gas Station Canopies 70. (1) No person shall erect a sign under a gas station canopy that is more than 1.0 m2 in area. (2) No person shall erect a sign on a gas station canopy that contains anything other than corporate identification of the owner or operator of the gas station. Sign By-law No. 6999/09 Page 22 PART V – GENERAL RESTRICTIONS Restrictions Applicable to All Signs 71. No person shall erect any sign, (a) that does not comply with any provision of this by-law; (b) that does not comply with any condition of a permit, licence or variance; (c) that advertises a use not permitted by the zoning by-law applicable to the property on which the sign is located; (d) without a permit if a permit is required; (e) without a licence if a licence is required; (f) on or over, or partly on or over, public property or any part of a highway without the City’s approval unless the sign is expressly permitted by this by-law to be erected on a sidewalk or a boulevard; (g) on or over, or partly on or over a driveway; (h) within 3 m of a driveway at the streetline; (i) within 15 m of a traffic light; (j) on a walkway or other means of egress on private property unless there is a minimum of 1.5 m of unobstructed footpath space between the sign and the nearest structure; (k) that projects less than 2.4 m above the walking surface of a pedestrian walkway; (l) that pertains to a past event or purpose that no longer applies; (m) that is structurally faulty, has broken, displaced or missing parts, is crookedly displayed, contains lettering that is no longer fully legible, or is otherwise not maintained properly; (n) on a roof or projecting in whole or in part above the roof, eaves or parapet of a building; (o) in a location that obstructs the view of any pedestrian or motorist so as to cause an unsafe condition; (p) that interferes with, or obstructs the view of, an authorized traffic sign, traffic signal or official sign; Sign By-law No. 6999/09 Page 23 (q) located within a visibility triangle formed by the intersection of the street line and a driveway line, or the projections thereof and a straight line connecting 6 m from their point of intersection; (r) that obstructs, or is located in, a required parking space; (s) that has more than 2 sign faces; or (t) that is obscene or in bad taste. 72. No person shall erect, paint, mark or inscribe any sign containing any promotional or advertising content, (a) on pavement; (b) on the exterior wall of a building except as permitted by the City’s Anti-Graffiti By-law; (c) on a utility pole, tree, stone or other natural object; or (d) on a vehicle or on a trailer that is parked or located for the primary purpose of sign display. Electronic Message Displays 73. No person shall erect any sign with electronic message displays, (a) in a Special Sign District; (b) in an area zoned for residential uses; or (c) within 200 metres of an area zoned for residential uses if the display is readily visible from an area zoned for residential uses. Boulevards 74. Where signs are permitted by this by-law to be erected on a boulevard, no such sign shall be erected closer than 1.0 m from the curb of the road or, where there is no curb, closer than within 2.0 m of the travelled portion of the highway. Vacant Properties 75. No person shall erect any sign, other than a development sign, community event sign, filming location sign, real estate sign, farm sign, election sign or “No Trespassing” sign on vacant property. Sign By-law No. 6999/09 Page 24 Special Sign Districts 76. (1) No development sign, portable sign, banner, inflatable sign or an internally illuminated sign other than an open/closed sign no more than 0.2 m2 in area shall be erected in a Special Sign District. (2) Subsection (1) does not apply to community event signs. PART VI - VARIANCES Definition 77. In this Part, “Director” means the City’s Director of Planning & Development or a designate. Variance Applications 78. An application for a variance from one or more of the requirements in this by-law shall be made by an owner of the property on which the sign is to be erected or an authorized representative of the owner. 79. A variance shall not be required in relation to the structure or other component parts of any sign if such structure or component parts have been specifically identified and described in approved site plan documents. 80. A variance application shall be filed with the Director using the City’s prescribed form. 81. Every variance application shall include all of the information required to be submitted in relation to a permit application under section 19 and section 21 (if applicable) and shall also include written reasons why the provisions of this by-law cannot be complied with. 82. Prior to making a determination on any variance application, the application details shall be brought to the attention of the City’s Site Plan Advisory Committee. 83. The Director shall notify the applicant prior to the meeting of the City’s Site Plan Advisory Committee to provide the applicant an opportunity to appear before the Committee to make representations respecting the application. 84. When commenting on a variance, the City’s Site Plan Committee shall be acting under the authority given to it under this by-law and not under the Planning Act. 85. If the applicant does not attend the City’s Site Plan Advisory Committee meeting at the appointed time, the Committee may proceed in the absence of the applicant and the applicant shall not be entitled to any further notice dealing with the application. Sign By-law No. 6999/09 Page 25 86. In considering a variance application, the Director shall have regard for, (a) the provisions of any applicable site plan agreement; (b) special circumstances or conditions applying to the property, building or use referred to in the application; (c) whether strict application of the provisions of this by-law in the context of the special circumstances applying to the property, building or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant that are inconsistent with the objectives of this by-law; (d) whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; (e) whether the proposed sign will detrimentally alter the character of the area; and (f) whether the general intent and purpose of this by-law is maintained. 87. The Director may approve or refuse any variance application, and may impose any conditions upon an approval as he or she determines to be appropriate. PART VII - EXEMPTIONS 88. This by-law shall apply to all existing and proposed signs in the City other than, (a) official signs; (b) signs on private property that are less than 0.2 m2 in area provided they do not contain any promotional or advertising content; and (c) shelter advertising or any advertising on street furniture and fixtures approved by the City or the Region. 89. This by-law does not apply to any changes to a sign face if, (a) the sign has been previously approved; (b) there is no change in sign area, shape, construction or design; and (c) the sign is not located within a Special Sign District. Sign By-law No. 6999/09 Page 26 PART VIII – ENFORCEMENT Definition 90. In this Part, “officer” means a municipal law enforcement officer appointed by the City to enforce municipal by-laws. Inspections 91. An officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 92. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Order to Comply 93. (1) Where an officer is satisfied that there has been a contravention of any provision of this by-law, the officer may issue an order requiring the owner of the property on which the contravention has occurred or the person who erected the sign to do work to correct the contravention, including removal of the sign. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the property; (c) the general nature of the work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the owner at the last known address of the owner. (4) If the address of an owner is unknown or the City is unable to effect service on an owner in accordance with subsection (3), a placard setting Sign By-law No. 6999/09 Page 27 out the terms of the order may be placed in a conspicuous place on or near the owner’s property. (5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, 3 days after it was mailed, or the date that it is posted on the property, as the case may be. 94. No person shall fail to comply with an order issued under this by-law. Remedial Action 95. (1) Where an order has been issued respecting any sign and compliance has not been achieved by the date specified in the order, the City may cause the work set out in the order to be done. (2) The City may recover all costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs, from the owner by adding the costs to the tax roll and collecting them in the same manner as property taxes. Removal of Signs 96. (1) Where a sign is erected on, over, partly on, or partly over, property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice or compensation. (2) A sign removed by the City shall be stored for a period of not more than 30 days, during which time they may be redeemed by the person who erected the sign upon payment of the applicable fee set out in Schedule “A”. (3) Signs not redeemed by the person who erected the sign within 30 days of removal by the City shall be disposed of by the City without notice or compensation. Liens 97. All costs incurred by the City for the removal, care and storage of a sign that was erected in contravention of this by-law are a lien upon the sign that may be enforced by the City under the Repair and Storage Liens Act. Offences and Penalties 98. Every person who contravenes any provision 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. 99. No person shall make a false or intentionally misleading recital of fact, statement or representation in any application or other document required by this by-law. Sign By-law No. 6999/09 Page 28 PART IX – GENERAL Other Applicable Laws 100.The applicant shall be responsible for obtaining the approval from any othergovernment authority having jurisdiction over the installation of a proposed sign. Short Title 101.This by-law may be referred to as the “Sign By-law”. Repeal 102.By-law No. 2439/87, as amended, is repealed. Effective Date 103.This by-law comes into effect on the date of its passing. By-law read a first, second and third time and finally passed this 16th day of November, 2009. ___________________________________ David Ryan, Mayor __________________________________City Clerk Sign By-law No. 6999/09 Page 29 SCHEDULE “A” FEES SIGN TYPE FEE Ground Sign $540 Wall Sign $540 Development Sign $540 Billboard Permit $540 Portable Sign Licence $100 Banner and Inflatable Sign $100 Sidewalk Sign $100 Billboard Annual Licence $500 Additional fee for any sign installed prior to permit issuance $540 Revision Fee $157 Additional fee for any sign installed prior to licence issuance $50 Redemption Fee – all signs less than 2 m2 $25 Redemption Fee – all other signs $100 Sign Variance – Ground Sign, Wall Sign or Development Sign $603 Sign Variance – All Other Signs $100 Fees are per sign and are not refundable. Sign By-law No. 6999/09 Page 30 SCHEDULE “B” - SPECIAL SIGN DISTRICTS Schedule “B1” Liverpool Road Waterfront District Schedule “B2” Whitevale District Schedule “B3” Greenwood District Schedule “B4” Cherrywood District Schedule “B5” Green River District Schedule “B6” Claremont District Schedule “B7” Brougham District Schedule “B8” Kinsale District Schedule “B9” Balsam District Sign By-law No. 6999/09 Page 31 Sign By-law No. 6999/09 Page 32 Sign By-law No. 6999/09 Page 33 Sign By-law No. 6999/09 Page 34 Sign By-law No. 6999/09 Page 35 Sign By-law No. 6999/09 Page 36 Sign By-law No. 6999/09 Page 37 Sign By-law No. 6999/09 Page 38 Sign By-law No. 6999/09 Page 39 Sign By-law No. 6999/09 Page 40