HomeMy WebLinkAboutCS 53-08
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REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 53-08
Date: December 8, 2008
I ,.
From:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Subject:
Updated Sign By-law
Recommendation:
1. That Report CS 53-08 of the Director, Corporate Services & Treasurer be
received;
2. That staff be directed to solicit input from industry stakeholders and the public
regarding the draft sign by-law included as Attachment 1 to this report;
3. That staff report back to Council, upon the completion of the consultation process
and recommend a final sign by-law to Council; and
4. That the appropriate staff of the City of Pickering be given the authority to give
effect thereto.
Executive Summary: As part of the review of all municipal regulatory by-laws and,
in an effort to resolve issues not clearly addressed in the existing sign by-law a new sign
by-law has been created.
The proposed sign by-law,
(a) establishes new sign regulations,
(b) addresses provisions that are currently silent or not clearly addressed in the
existing sign by-law,
(c) reflects current legislation and enforcement practices,
(d) establishes a more timely and efficient administrative process for the application
and processing of permanent and temporary signs,
(e) implements a process for variance requests, and
(f) clearly defines fees, enforcement processes, remedial actions and cost recovery
terms.
An extensive consultation process has taken place with Municipal Law Enforcement
Services, Planning & Development and the City Solicitor to ensure a comprehensive
review of the by-law was done. Key changes are listed further in this report.
Report CS 53-08
December 8, 2008
Subject: Updated Sign By-law
Page. 2 1 1 5
Staff are seeking approval to move forward with a public consultation process, to solicit
comments from industry stakeholders, commercial property owners, and the general
public.
Financial Implications: The proposed sign by-law increases fees for ground signs
and development signs. New fees are proposed for new types of regulated signs and
the variance process offered by the by-law. All other application fees remain consistent
with the existing by-law. No significant change is expected in revenue from sign permits
and licenses.
Sustainability Implications: The proposed by-law significantly restricts portable signs
and the permitted amount of temporary election signage. This may reduce the
consumption of resources for this purpose. Restrictions in these types of signs may be
recognized by the community as a positive and environmentally sensitive City initiative,
and assist in promoting a more sustainable culture.
Background: The existing sign by-law, which was enacted in 1987, is based on a
common Planning framework, that being, if the use is not listed, it is not permitted.
From an enforcement perspective, this makes resolving sign issues extremely difficult
as there is no clear contravention of a by-law provision.
When staff began a coordinated review of the by-law, the goal was to create a by-law
that provided clear regulations, prohibitions, application processes and enforcement
provisions.
The proposed sign by-law,
· Distinguishes between permanent and temporary signs and which department
administers each process. Municipal Law Enforcement Services will continue
to process all licences for temporary sign uses, while the permit application
process for all permanent signs, including wall signs, development signs and
ground signs will now be administered by Planning & Development staff. As
these types of signs require structural review and already require Planning &
Development approval, it will make the processing of permit applications more
efficient for the City and the applicants;
· Sets out clear application requirements for both licences and permits;
· Includes tables outlining specific height, area, number and setback provisions
for each type of sign, based on zoning;
CORP0227-07/01 revised
Report CS 53-08
December 8,2008
i I'
Subject: Updated Sign By-law
'11 6
Page 3
· Sets out specific provisions relating to development signs including location,
number and size;
· Limits sign licences to one 30 day licence per business in a calendar year;
· Lists signs exempt from permits and licences and under what conditions;
· Lists prohibited signs;
· Identifies election sign restrictions. The Region has recently initiated
consultation with local municipalities in an effort to harmonize standards relating
to the control of election signs. Accordingly, the election sign provisions in the
draft by-law will be revisited once the consultation process is complete;
· Establishes a restricted area for new billboards and a licence fee requirement
for both new and existing billboards;
· Establishes a special sign district;
· Establishes a variance process administered by the Director of Planning &
Development; and
· Sets out clear enforcement processes, including orders to comply, remedial
action, and cost recovery.
The proposed public consultation process will solicit comments by mail from industry
stakeholders, commercial property owners, and persons who have previously
expressed an interest. In addition, the draft by-law will be made available on the City's
website, and advertising will be placed on the City's Community Page Ad directing
interested community members to review the draft by-law on-line or contact City Hall to
request a copy.
Upon the conclusion of the community consultation, comments received will be
summarized and reviewed with staff responses and recommendations provided. A
follow up Report to Council will include this information, as well as a final draft of the
proposed sign by-law for Council's review and approval.
A sign by-law provides essential tools to control the number and placement of signs
within the City to limit adverse effects on the community. Sign issues can be
contentious, and there are significant expectations from the public on the City's ability to
resolve issues relating to signage. A new sign by-law will provide clear regulations
governing sign installations throughout the City.
CORP0227-07/01 revised
Report CS 53-08
December 8, 2008
Subject: Updated Sign By-law
Page 4 '1 1 7
Attachments:
1. Draft Sign By-law
Prepared By:
Approved/Endorsed By:
~:-CPSO'GMMI
Manager, By-law Enforcement Services
I).b\~ l'Q~l~C'o..I
Debi Wilcox, CMO, CMMIII
City Clerk
~::;;.-';~~ --
Gillis Paterson,
Director, Corporate Services & Treasurer
-,
Copy: Chief Administrative Officer
Recommended for the consideration of Pickering City Council
",I
CORP0227-07/01 revised
'1 1 8
IATTACfMNT" mREPmT,cs f3-ctfJRAfT
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /08
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 limited in order to limit the visual impact on
the built environment and the consumption of resources.
Sign By-law No. XXXX/08
Page 2
Definitions
2. In this by-law,
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"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;
"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;
"licence" means a sign licence required by this by-law;
S~n By-law No. XXXX/08
'1 0
"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;
Page 3
"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 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. XXXX/08
Page 4
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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 "B 1" 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 mWimetres (mm), centimetres (em), metres
(m), hectares (ha) or square metr~s (m2) and all plans, specifications, documents
and other information submitted with any application under this by-law shall use
such dimensions.
Seve ra bility
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. XXXX/08
"'122
Page 5
>
PART" - PERMITS
Definitions
12. In this Part,
"development sign" means a temporary sign that advertises a proposed
development, but does not include a construction site information sign (section
52), a development sales office sign (section 54), or a development sales sign
(section 55);
"frontage" means the length of the property line of anyone 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 or development sign without a
permit.
Permit Applications
14. 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.
15. The Chief Building Official shall be responsible for administration of all permits.
16. All permit applications shall be filed with the Chief Building Official using the
City's prescribed form.
17. Every 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;
Sign By-law No. XXXX/08
Page 61 :2 3
(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 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.
18. 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
p~rmit application shall be certified by a Professional Engineer as to the
structural adequacy of the sign.
Special Sign Districts
19. In addition to the requirements of sections 17 and 18, 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.
Heritage Properties
20. (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
Ac(
'1 fWn By-law No. XXXX/08
Ground Signs
Page 7
21.
(1 )
Ground signs shall comply with the following restrictions:
Zone Max Height Max Area Max Number Min. Setback
Low Density Residential Prohibited Prohibited Prohibited Prohibited
Open Space System - Natural Areas
High Density Residential 2m 4 m2 1 3m
Institutional
Commercial or industrial (less than 4m 10 m2 1 per street 3m
30 m frontaQe) frontage
Commercial or industrial (30 m 6m 18 m2 1 per street 3m
frontage or more) frontage
All Other Zones 3m 6 m2 1 per street 3m
frontage
(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 em.
(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 anyone property.
(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.
Sign By-law No. XXXX/08
Page ~ 2 5
Wall Signs
22. (1) Wall signs shall comply with the following restrictions:
Zone Max Area Max Number
High Density Residential 4 m2 2
Institutional
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 51 (address signs) and section 65 (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.
(9) A wall sign erected on the highest storey of a building that is more than 2
storeys above grade shall only contain the buildin~ identification,
corporate logo or similar content and shall not exceed 6 m 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.
'1 26
Sign By-law No. XXXX/08
Page 9
Development Signs
23. (1)
(2)
(3)
(4 )
No more than 3 development signs shall be erected in relation to any
single development project.
A development sign shall be removed no later than 30 days after the
completion of sales related to the development, or 24 months after it is
erected, whichever occurs earlier.
(5)
Permit Issuance
24. 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.
25. 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
26. 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;
Sign By-law No. XXXX/08
(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.
Page 10
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PART 111- LICENCES
Required Licences
27. No person shall erect any portable sign, banner, inflatable sign, sidewalk sign or
billboard without a licence.
Licence Applications
28. 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.
29. The City Clerk shall be responsible for administration of all licences.
30. All licence applications shall be filed with the City Clerk using the City's
prescribed form.
31. A separate licence application is required for every sign.
32. Every licence application shall be accompanied by details of the size and location
of the proposed sign and the applicable fee set out in Schedule "A".
33. 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
34. All licences shall expire on the date indicated on the licence.
35. A maximum of 1 licence may be issued concerning any individual business or
service in any calendar year.
36. A maximum of 1 licence may be issued for a single property at anyone time,
irrespective of the number of business tenancies located on the property.
37. No licence shall be issued on any heritage property.
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Sign By-law No. XXXX/08
Page 11
Portable Signs
38. (1)
Portable signs shall comply with the following restrictions:
Zone Max Height Max Area Max Number Min. Setback
Residential Prohibited Prohibited Prohibited Prohibited
Open Space System - Natural Areas
Other Zones 2m 4 m2 1 3m
(2) Every portable sign shall be located on the property to which the sign
relates.
. (3) I n 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 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.
Banner and Inflatable Sign Restrictions
39. (1)
Banners and inflatable signs shall comply with the following restrictions:
Zone Max Height Max Area Max Number Min. Setback
i
Residential Prohibited Prohibited Prohibited Prohibited
Open Space System - Natural Areas
All Other Zones 6.0 m 10 m2 1 3m
(2) Every banner or inflatable sign shall be located on the property to which
the sign relates.
Sign By-law No. XXXX/08
Page 12 '1 2 9
(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
40. (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.
(7) A licence for a sidewalk sign shall be valid for a period of 1 year.
Billboards
41. (1) In this section, "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.
(2) No billboard shall exceed an area of 20 m2.
(3) No billboard shall exceed a height of 10m.
(4) No billboard shall be erected on a roof.
(5) No billboard shall be located within 250 m of any other billboard.
(6) Billboards shall not be permitted in any location other than within the
Billboard District shown in Schedule "C".
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Sign By-law No. XXXX/08
Page 13
(7) Notwithstanding subsection (6), any billboard lawfully erected prior to the
passing of this by-law shall be permitted provided the billboard has
continuously remained in its location, has not been substantially altered,
and the owner of the billboard has obtained a licence.
(8) No licence shall be issued for a new billboard unless a permit has been
issued for such billboard.
(9) A licence for a billboard shall be valid for a period of 1 year.
Licence Issuance
42. 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.
43. 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
44. 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
45. Signs described in this Part shall be permitted without a permit or licence
provided all rel;itrictions in this by-law applicable to the signs have been complied
with.
Sign By-law No. XXXX/08
Page 14 '1 3 1
Community Event Signs
46. (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 permit a community event sign to remain erected after the
day of the event.
Filming Location Signs
47. (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
48. (1)
(2)
No person shall erect a garage sale sign that is /Tiore than 1.0 m2 in area.
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.
(4) No person shall permit a garage sale sign to remain erected after the day
of the sale.
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Sign By-law No. XXXX/08
Page 15
Open House Signs
49. (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
50. (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.
Address Signs
51. (1)
(2)
(3)
(4)
(5)
(2) No person shall erect a real estate sign that is more than 1.0 m2 in area.
(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.
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.
No person shall erect an address sign in a low density residential zone
that is more than 0.2 m2 in area.
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.
No person shall erect an address sign at any location other than entirely
on private property.
No person shall erect an address sign that contains promotional or
advertising content.
Sign By-law No. XXXX/08
Page 16 '1 3 3
Construction Site Information Signs
52. (1) No person shall erect a construction site 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.
(2) No person shall erect a construction site information sign except on a
temporary fence or other physical barrier around a construction site.
(3) No person shall erect a construction site information sign more than 30
days prior to construction commencing.
(4) No person shall permit a construction site information sign to remain
erected 30 days after the construction has been completed or
discontinued.
Model Home Signs
53. (1)
(2)
No person shall erect a model home sign that is more than 2.0 m2 in area.
No person shall erect a model home sign at any location other than
entirely on private property.
(3) No person shall erect a model home sign at any time other than while the
model home is open for public inspection and sales purposes.
Development Sales Office Signs
54. (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.
(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
55. (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.
Sign lB~-11w No. XXXX/08
Page 17
(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
56. (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.
Directory Signs
57. (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.
(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.
Menu Boards
58. (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.
Sign By-law No. XXXX/08
Page 18 '1 3 5
(4) No person shall erect more than 1 menu board on any single property.
Farm Signs
59. (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
60. (1)
In this section, "election sign" means a sign promoting the election of a
candidate in a federal, provincial or municipal election, including an
election to a local board or commission, a sign that is intended to influence
individuals to vote for or against any candidate or any question or by-law
submitted to electors under section 8 of the Municipal Elections Act, 1996,
but does not include a wall sign associated with a candidate's
headquarters.
(2) No person shall erect an election sign that is more than 1.5 m2 in area.
(3) No person shall erect an election sign at any location other than entirely
on private property or on a Regional road in accordance with Region's
sign by-law.
(4) No person shall erect a sign for a federal or provincial election prior to the
day the writ of election is issued.
(5) No person shall erect a sign for a municipal election until 25 days in
advance of the last polling day for the election.
(6) No person shall permit an election sign to remain erected more than 2
days after the last polling day for the election.
(7) No person shall erect more than 1 election sign per candidate on a single
property.
Flags
61 . (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 or fraternal organization.
1 36
Sign By-law No. XXXX/08
Page 19
(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
62. (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 size of each
window section or panel in which it is erected.
Home Improvement Signs
63. (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
64. (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. XXXX/08
Page 20 '1 3 7
Home Based Business Signs
65. (1 )
(3)
(4 )
(5)
Posters
66. (1)
(2)
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 that is more than 0.2
m2 in area.
No person shall erect a home based business sign in any location other
than entirely on private property in a low density residential zone.
No person shall erect a home based business sign unless no other sign is
erected on the property.
No person shall erect a home based business sign that is internally
illuminated.
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.
PART V - GENERAL RESTRICTIONS
Restrictions Applicable to All Signs
67. 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;
'1 38
Sign By-law No. XXXX/08
Page 21
(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;
U) 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;
(I) 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;
(0) 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;
(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.
68. No person shall erect, paint, mark or inscribe any sign,
(a) on pavement;
Sign By-law No. XXXX/08
Page 22
1 39
(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
69. 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
70. 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
71. 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.
Special Sign Districts
72. (1) No development sign, portable sign, banner, inflatable sign or an internally
illuminated sign shall be erected in a Special Sign District.
(2) Subsection (1) does not apply to community event signs.
PART VI- VARIANCES
Definition
73. In this Part, "Director" means the City's Director of Planning & Development or a
designate.
'140
Sign By-law No. XXXX/08
Page 23
Variance Applications
74. 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.
75. Signs that conform with signs specifically identified and described in approved
site plan documents shall not require a variance.
76. A variance application shall be filed with the Director using the City's prescribed
form.
77. Every variance application shall include all of the information required to be
submitted in relation to a permit application under section 17 and section 19 (if
applicable) and shall also include written reasons why the provisions of this by-
law cannot be complied with.
78. 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.
79. 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.
80. 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 or hearing
dealing with the application.
81. 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
Sign By-law No. XXXX/08
Page 24 1 4 1
(f) whether the general intent and purpose of this by-law is maintained.
82. 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
83. This by-law shall apply to all existing and proposed signs in the City other than,
(a) signs located within the fueling areas of gas stations located entirely on
private property;
(b) official signs;
(c) signs on private property that are less than 0.2 m2 in area provided they
do not contain any promotional or advertising content; and
(d) shelter advertising or any advertising on street furniture and fixtures
approved by the City or the Region.
84. 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.
PART VIII - ENFORCEMENT
Definition
85. In this Part, "officer" means a municipal law enforcement officer appointed by the
City to enforce municipal by-laws.
Inspections
86. 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.
87. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Sign 1B~_~W No. XXXX/08
Page 25
Order to Comply
88. (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
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.
89. No person shall fail to comply with an order issued under this by-law.
Remedial Action
90. (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.
Sign By-law No. XXXX/08
Page 26 '1 4 3
(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
91. (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
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.
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 fine pursuant to the provisions of the Provincial
Offences Act.
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.
PART IX - GENERAL
Other Applicable Laws
95. The applicant shall be responsible for obtaining the approval from any other
government authority having jurisdiction over the installation of a proposed sign.
Short Title
96. This by-law may be referred to as the "Sign By-law".
'1 44
Sign By-law No. XXXX/08
Page 27
Repeal
97. By-law No. 2439/87, as amended, is repealed.
Effective Date
98. 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 _ day of
,2008.
David Ryan, Mayor
Debi A. Wilcox, City Clerk
Draft - August 25, 2008
SCHEDULE "A"
FEES
145
SIGN TYPE FEE
Ground Sign $250
Wall Sign $150
Development Sign $250
Portable Sign $50
Banner and Inflatable Sign $50
Sidewalk Sign $100
Billboard $500
Additional fee for any sign installed prior to permit issuance $250
Additional fee for any sign installed prior to licence issuance $50
Redemption Fee - Election Signs $25
Redemption Fee - all signs less than 2 m2 $25
Redemption Fee - all other signs $50
Sign Variance - Ground Sign, Wall Sign or Development Sign $500
Sign Variance - All Other Signs $100
Fees are per sign and are not refundable.
146
Draft - August 25, 2008
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
SCHEDULE 81 Draft - August 25,2008
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