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HomeMy WebLinkAboutNovember 9, 2009 (Addendum) ADDENDUM TO EXECUTIVE AGENDA November 9, 2009 PLEASE REMOVE PAGES 21 47 OF THE AGENDA AND REPLACE WITH THE ATTACHE PAGES 21 - 48A. (1) MATTERS FOR CONSIDERATION Panes 1. Director, Corporate. Services & Treasur, r, Report CS 43-09 114 Snap Fitness, 631 Kingston Road Copy of Memorandum dated February0, 2009 from the Director, Planning & Development to th City Clerk -Memorandum is referenced in Attachment #2 Memorandum dated October 7 2009 2. Director, Corporate Services & Treasurer, Report CS 14-09 115-120 Updated Sign By-law Additional Memorandum dated November 3, 2009 from the Manager, Municipal Law Enforcement Services to the City Clerk requesting further minor revisions to the Sign by-law Draft - May 14, 2009 , 021 THE ORP RATION OF THE CITY OF PICKERIN BY-LAW NO. 109 DRA4461 A by-law to regul a signs in the City of Pic ering. WHEREAS 'pursuant to paragraph 7 of subsect n 11(3) of the Municipal Act, 2001 a lower-tier municipality may pass by-laws respecti g signs; AND WHEREAS signs are necessary to adve "se or identify services, businesses, locations and provide other information; AND WHEREAS, if not effectively regulated, sig is may create a nuisance, affect public safety and detract from the character of the com unity. NOW THEREFORE BE IT RESOLVED THAT he Council of The Corporation of the City of Pickering enacts as follows: PART I - INTERPRETATION Objectives 1, This by-law shall be applied and interpr ted 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 faciliti , businesses and services located thereon. . • Signs should not create any distraction or safety hazard for pedestrians or motorists, or create any other danger t 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. f • Signs should not create unnecessary % isual clutter due to their size, number or location. F • Temporary signs should be strictly regulated in order to limit the visual impact on the built environment and the consu ption of resources. I . 022 lign By-law No. XXXX109 Page 2 D6finitions 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 lightw might 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 designate; "erect" includes display, attach, affix, po , alter, construct, place, locate, install, relocate and maintain, and cause or pe it to be displayed, attached, affixed, posted, altered, constructed, placed, locat d, installed, relocated and maintained; "first storey" has the same meaning as in t e 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 h s 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 su section 1(1) of the Highway Traffic Act and includes unopened and unassumed ad allowances; "inflatable sign" means a temporary sign died 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; i i 1 1 023 ign By-law No. XXXX/09 Page 3 "licence" means a sign licence required b this by-law; "low density residential zoning" means Wing for a single detached dwelling, semi-detached dwelling, duplex, triplex, ourplex, townhouse, mobile home, or any other residential facility housing 6 or f wer residents; . "official sign" means any sign erected by, r under the direction of, a government agency and includes signs designating h spitals, schools, libraries, community I centres, arenas or other public govemm nt 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 i 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 who the context can apply according to law; "portable sign" means any temporary sign readily moveable from place to place including signs commonly referred to a 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 structur e, 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 s capable of being used, to attract attention to a specific subject matter for identification or advertising purposes; "Special Sign District" means a Special Sig District identified in Schedule "B"; { "variance" means a variance required by th s by-law; and "zone" means a land use zone prescribed i the City's zoning by-laws. i 1 024 Sign By-law No. XXXX/09 Page 4 References to Legislation 3. In this by4aw, 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 61 Schedule "A" (Fees), Schedules "B1" through "139" (Special Sign Districts), and Schedule "C'~ (Billboard District) are attach to and form part of this by-law. 7 Unless otherwise specified, references i this by-law to Parts, sections and Schedules are to Parts, sections and Schedules in this by-law. Cjonflicts 8 If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that es blishes the higher or more restrictive standard to protect the health, safety a d welfare of the general public shall prevail. 9 Where an industrial building contains co mercial 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 milli tres (mm), centimetres (cm), metres (m), hectares (ha) or square metres (m) and all plans, specifications, documents and other. information submitted with any application under this by-law shall use such' dimensions. verabillty 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. 025 Sign By-law No. XXXX/09 Page 5 _ PART II - PE ITS Definitions 12. In this Part, "development sign" means a tempora sign that advertises a proposed development, but does not include a construction site 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 highw y; "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 1 No. person shall erect any ground sign, wa I 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 is 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 wfully 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 10. A permit application shall be made by th owner of the property on which the sign is to be erected or an authorized rep ntative of the owner. 1 The Chief Building Official shall be respon 'ble for administration of all permits. 18. All permit applications shall be filed with the Chief Building Official using the City's prescribed form. j ,-'026 ign By-law No. XXXX/09 Page 6 10. Everypermit application shall, (a) identify and describe in detail th proposed sign and all other signs existing on the property at the time f the application; (b) describe the property on which the roposed 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 designin or erecting the sign; (d) be accompanied by plans, specifications, documents and other information describing the constru ion, 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 f e(s) set out in Schedule "A"; (f) include, where the applicant is not the owner of the property, an authorization for making the applic ion,from the owner; and (g) be signed by the applicant who sh II certify the accuracy and truth of the contents of the application. 20. If required by the Chief Building Official, a I plans and specifications covering the erection of a sign and supporting frame ork 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-se ion of the sign showing the proposed method of affixing the sign to the bu Iding. 027 Sign By-law No. XXXX/09 Page 7 ~ritage 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 j Act. GOround Signs 23. (1) Ground signs shall comply with the following restrictions: Zone Max Heig t Max Area Max Number Min. Setback Low Density Residential Prohibited Prohibited Prohibited Prohibited Open Space System- Natural Areas High Density Residential 2 m 4 m2 1 3 m Institutional Commercial or industrial (less than 4 m 10 m2 1 per street 3 m 30 m frontage) frontage i Commercial or industrial (30 m 6 m 18 m2 1 per street 3 m frontage or more) frontage Ali Other Zones 3 m 6 m2 1' per - street 3 m frontage (2) Notwithstanding subsection (1), no round sign exceeding 1:5 m2 in area or 1.5 m in height shall be erected i 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 maxim m of 1 ground sign shall be permitted for each street frontage on any one property. I 0!2 8 Sign By-law No. XXXX/09 Page 8 (6) A second ground sign shall be pe fitted on a property in a commercial or industrial zone where the propert, fronts onto 1 street only, the street frontage is not less than 200 m, nd 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 4 m2 2 Institutional All Other Zones 15% of building ce area 1 per owner tenant per frontage (2) Notwithstanding subsection (1), n wall sign exceeding 1.5 m2 in area shall be erected in a Special Sign D strict. (3) Except as permitted by section 51 address signs) and section 65 (home based business signs), no wall sin 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 build ng containing multiple tenancies, the applicable building face area for a wall sign respecting an individual tenancy shall be measured only to a 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 entification, corporate logo or similar content. (7) No wall sign shall be erected on a y 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 perpendi lar to the building face. i I 029 Sign By-law No. XXXX/09 Page 9 (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 an shall not exceed 6 m in area. (10) A maximum of 1 wall sign may beerected on each wall face of the highest storey of a building that is more than 2 storeys above grade. velopment Signs 2 . (1) Development signs shall not be rmitted in areas zoned "Open Space System - Natural Areas". In all other zones, development signs not exceeding 6.0 m in height and . h a setback of at least 3 m shall be permitted. (2) A maximum of 1 development sig 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 n 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 re ved 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 shad exceed an area o 20 m2. (2) No billboard shall exceed a height o 10 m. (3) No billboard shall be erected on a f. (4) No billboard shall be located within 50 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. i 030 Sign By-law No. XX)W09 Page 10 20. 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 oth r 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 rmit be revoked; or (f) 6 months have elapsed following th date of permit issuance and, the sign authorized by the permit has not be n erected. PART III - ICE CES Required Licences 3 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 a 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 ad inistration 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". j f i 031 Sign By-law No. XXXX/09 Page 11 3I6. Where a licence application is for a ports le sign for an individual business in a building containing multiple tenants, the application must include written permission from the owner or the owner' 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. 36. •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 or 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 4.1. (1) Portable signs shall comply with the following restrictions: Zone Max Hei ht Max Area Max Number Min. Setback Residential Prohibit Prohibited Prohibited Prohibited Open Space System - Natural Areas' 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 comer lots, no portable sign shall be located less than 15 m from the inside curb at the point of i tersection 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 signs all 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 b valid for a period of not more than.30 days, after which the sign shall be immediately removed. Q.32 Slign By-law No. XXXX/09 Page 12 Elanner and Inflatable Sign Restrictions 42. (1) Banners and inflatable signs shall mply with the following restrictions: Zone Max Helg Max Area Max Number Min. Setback j Residential Prohibited Prohibited Prohibited Prohibited Open Space System - Natural Areas All Other Zones 6.0 m 10 m~ 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 4$. (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 Qf the business. (5) A sidewalk sign may be located on public sidewalk provided a minimum of 1.5 m of unobstructed sidewalks ace is maintained. (6) A maximum of 1 licence for a sidew ilk sign may be issued to an owner. (7) A licence for a sidewalk sign shall b valid for a period of 1 year. i 033 ign By-law No. XXXX/09 Page 13 0illboards 44. (1) No licence shall be issued for a n w 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. Ocence Issuance 46. The City Clerk may approve or refuse an licence application, and may impose any conditions upon an approval as he or he determines to be appropriate. 46. The City Clerk shall refuse to issue a I nce if the proposed sign does not comply with this by-law, the building e, 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 buildin code, an approved site plan, heritage conservation district guidelines, or ny other applicable law; (c) the licence has been issued as t 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 matt r 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 4$. 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. 034 'gn By-law No. XXXX/09 Page 14 mmunity 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. j (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 communit~p event sign to remain erected after the day of the event. Filming Location Signs 50. (1) No person shall erect a filming ocation sign unless the person has received a filming permit from the C . i (2) No person shall erect a filming I n 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 bouleva (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 sa a sign to remain erected after the day of the sale. .035 i ign By-law No. XXXX/09 Page 15 ' Open House Signs 52. (1) No person shall erect a sign that a vertises the location of an open house that is more than 1.0 m2 in area. (2) No person shall erect an open ouse.sign at any location other than entirely on private property or on a oulevard. (3) No person shall erect a sign that advertises the location of an open house at a time other than while the hous 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, o 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" mea is 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 ign in a low density residential zone that is more than 0.2 m2 in area. (3) No person shall erect an address s gn 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. C136 ign By-law. No. XXXX/09 Page 16 (6) This section shall not apply to an 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 Site Information Signs 55. (1) No person shall erect a constru ion site information sign unless the person has either entered into a s e plan agreement with the City or the City has issued a building perm 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 constructs n site information sign more than 30 days prior to construction commen ing. (4) No person shall permit a const ction site information sign to remain erected 30 days after the co struction has been completed or discontinued. 4odel Home Signs (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 ho a 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 develop ent sales office sign except on or immediately surrounding a tempora sales office. (3) No person shall erect a developme it sales office sign except where it has been shown on permit application ocuments and authorized by the City through issuance of a building permit. i i i 037 ign By-law No. XXXX/09 Page 17 development Sales Signs $8. (1) In this section, "development sale sign" means a sign directing people to a temporary sales office whey new homes and other residential developments are marketed to the ublic. (2) No person shall erect a developme it 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 oulevard. (4) No person shall erect a development sales sign within 500 metres of any other development sales sign bei 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 5~9. (1) In -this section, "directional sign" ns a sign that is intended solely for public information, safety or conven ence 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 ign 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 sig 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. 038 ign By-law No. XXXX/09 Page 18 (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 an 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" me ns a sign erected as part of a drive- through facility and used to dis ay and order products and services available at the drive-through business. (2) No person shall erect a menu boa that is more than 4 m2 in area. (3) No person shall erect a menu boa 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 no been substantially altered. farm Signs 62. .(1) In this section, "farm sign" mean a sign advertising the sale of farm produce grown or produced on the roperty where the sign is located. (2) No person shall erect a farm sign t at 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) In this section, "election sign" me ns 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 a y candidate or any question or by-law submitted to electors under section 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. I . f 039 $ign By-law No. XXXX/09 Page 19 (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 the Region's sign by-law. (4) No person shall erect a sign fora eral 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 a election. t (6) No person shall permit an election sign to remain erected more than 3 days after the last polling day for th election. (7) No person shall erect more than 1 election sign per candidate on a single property. j (8) No person shall erect an election sign within 25 m of the property line of a designated municipal election polling station. Flags 64. (1) No person shall erect a flag un ess the flag has no promotional or advertising content. (2) No person shall erect a flag that is more than, 2.0 m2 in area. (3) No person shall erect a flag at an location other than entirely on private property. (4) No person shall erect more than 3 flags on a single property. Interior Signs 66. (1) In this section, °interior sign" mean a sign in the interior of a building that is intended to be seen outside of th building and includes a window sign. (2) No person shall erect an interior si n 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 th % building. Home Improvement Signs 66. (1) In this section, "home improveme t sign" means a sign advertising or promoting landscaping, home repairs or home renovations. i 0 4 0 $ign By-law No. XXXX/09 Page 20 (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 imp vement sign at any location other than entirely on private property where the home improvement is being undertaken. (4) No person shall erect a home imp vement 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. Oo 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. Home Based Business Signs 63. (1) No person shall erect a home bas business sign unless a home based business licence has been issued b 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 bas)d business sign in any location other than entirely on private property in low density residential zone. (4) No person shall erect a home base 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 a City permits to be located within a boulevard including a utility box, n wspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, hydro pole, stree light, stoplight pole, recycling waste module, mailbox, tree and street sig ; and 041 i n By-law No. XXXX/09 Page 21 "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 at gas station other than a sign that is located completely within the fueling area under a canopy. (2) No person shall erect a sign perm tted under subsection (1) that is more than 1.0 m2 in area. (3) 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. PART V - GENERAL R STRICTIONS [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 locate ; (d) without a permit if a permit is required; (e) without a licence if a licence is requ red (f) on or over, or partly on or over, pu lic property or any part of a highway without the City's approval unless he sign is expressly permitted by this by-law to be erected on a sidewalk r a boulevard; (g) on or over, or partly on or over a driveway; (h) within 3 m of a driveway at the st ine; (i) within 15 m of a traffic light; a 42 i n By-law No. XXXX/09 Page 22 (j) on a walkway or other means of ec, ress on private property unless there is a minimum of 1.5 m of unobstruct 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; (1) that pertains to a past event or purpose that no longer applies; (m) that is structurally faulty, has b ken, displaced or missing parts, is crookedly displayed, contains lette 'ng that is no longer fully legible, or is otherwise not maintained properly; (n) on a roof or projecting in whole or i part above the roof, eaves or parapet of a building; (o) in a location that obstructs the vie 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 i tersection; (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 o 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. 043 $ign By-law No. XXXX/09 Page 23 electronic Message Displays 73. No person shall erect any sign with elect nic 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. Ooulevards 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 fn)m the curb of the road or, where there is no curb, closer than within 2.0 m of the ravelled portion of the highway. Vacant Properties 5. 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 76, (1) No development sign, portable sig , banner, inflatable sign or an internally illuminated sign other than an op n/closed sign no more than 0.2 m2 in area shall be erected in a Special ign District. (2) Subsection '(1) does not apply to community event signs. PART VI - VARIANCES Definition 77. In this Part, "Director" means the City's D rector of Planning & Development or ,a designate. ~ariance 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 mponent parts have been specifically identified and described in approved site plan documents. f. i 0 4 4 ign By-law No. XXXX/09 Page 24 ~0. A variance application shall be filed with he 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 applicati n 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. 02. Prior to making a determination on an 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 prir 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 Ci 's Site Plan Committee shall be acting under the authority given to it under this by-law and not under the Planning Act. 8P. If the applicant does not attend the City's Site Plan Advisory Committee meeting at the appointed time, the Committee ay proceed in the absence of the applicant and the applicant shall not bee titled to any further notice dealing with the application. 86. In considering a variance application, the !rector shall have regard for, (a) the provisions of any applicable site plan agreement; (b). special circumstances or condition 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 circumstance 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, ariance application, and may impose any conditions upon an approval as he or he determines to be appropriate. 045 i n By-law No. XXXX/09 Page 25 PART VII - EXEM TION 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 change 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 90. In this Part, "officer" means a municipal la 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 9~. (1) Where an officer is satisfied that t ere has been a contravention of any I provision of this by=law, the officer ay issue an order requiring the owner a of the property on which the contra ention has occurred or the person who erected the sign to do work to corre at the contravention, including removal of the sign. (2) An order shall set out, (a) reasonable particulars of the contravention; t 046 ign By-law No. XXXX/09 Page 26 (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 ust be done. (3) An order may be served by, (a) personally delivering it to the owner; (b) sending it by registered m it to the owner at the address of the owner shown on the last re sed 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 un nown or the City is unable to effect service on -an owner in accordant with subsection (3), a placard setting out the terms of the order may b placed in a conspicuous place on or near the owner's property. (5) Service of an order under this s ion shall be deemed to have been effected on the date that .it is del vered 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 r spatting any sign and compliance has 3P4 _ not been achieved by the date ified in the order, the City may cause the work set out in the order to be d ne. (2) The City may recover all costs of oing any work undertaken pursuant to subsection (1), together with an ministration charge equal to 25% of such costs, from the owner by adding the costs to the tax roll and collecting them in the same manna as property taxes. Removal of Signs 96. (1) Where a sign is erected on, over, p rtly 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 b stored for a period of not more than 30 days, during which time. they may be redeemed by the person who I 047 Sign By-law No. XXXX/09 Page 27 erected the sign upon payment of the applicable fee set out in Schedule wA,, (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 an 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 intention Ily misleading recital of fact, statement or representation in any application or other document required by this by-law. PART IX - GENERAL Other Applicable Laws 100. 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 101. This by-law maybe referred to as the "Sig By-law". Repeal 102. By-law No. 2439/87, as amended, is repealed. i i 048 ign By-law No. XCXX/09 Page 28 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 day of June, 2009. David Ryan, Mayor Debi A. Wilcox, City Clerk Sign By-law No. XXXX/09 Page 28 SCHEDULE "Al, FEES 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 2 .$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. r I j ' ► 114 PIQKERIN MEMO To: Debi A. Wilcox February 20, 2009 City Clerk From: Neil Carroll Director, Planning & Development Subjeft: Application for a Minor Variance to Sign By-law 2439/87, as amended Snap Fitness. 631 Kingston Road City of Pickering File: L-3420-04-09 Further to your memo of January 14, 2009, we have reviewed the request for variance from the sigh by-law for this property and offer the following comments. Proposed Signage over Glass Awning The applicant is requesting a variance to the City's sign by-law to recognize an illegally constructed sign on the property known as 631 Kingston Road. The applicant has installed a new awning sign on top of an existing glass awning. Recommendation: The approved site plan for this development clearly identifies the. designated location for tenant signage, which to-date has been successfully utilized by other tenants. The glass awning above the entrances to the units was designed as an architectural feature to help tie the various units togethor in a cohesive fashion. The awning was n t intended to support any type of signage. The City encourages the use of appropriate variety of si nage types which compliment building design rather than becoming the dominant feature. The scale of the proposed sign is not in keeping with the design of the building and does not contribute to the overall visual quality of the. built environment. The Planning & Development does not support this variance request. i I . t o}f i~ckw~enl- IMJ:Id P& f JAPMOnWIGN 0ERMIT81Z MSnap FMnesA.4nap Rness Sin Varfanee.doe I i f 1 1 5 MCK MEMO To: Debi Wilcox November 3, 2009 City Clerk From: Kimberly Thompson Manager, Municipal Law Enforcement Se ices Copy: City Solicitor Chief Building Official Subject; Revisions to Proposed Sign By-law L-2000-001-09 As directed by Council, staff have reviewed the po le sign provisions in the proposed by-law included in Report CS 14-09, as well as the amendm nt approved at the June 8, 2009 Executive Committee meeting and recommend the deletion of ection 41(8) approved at the June 8, 2009 meeting'. It is recommended that portable sign provi ions remain as originally presented to elimina any potential discriminatory issues. At the request of Councillor Dickerson, the provision in the proposed sign by-law concerning Special Sign Districts were reviewed and revised to provide greater clarification to ensure the information was easily found and understood. In addition, several other types of sign provisions were reviewed in relation to inquiries from the public and it was determined several revisions were equired to ensure clear regulations were in place. The foll~wing sections should be revised to incorporate the changes listed: 1) Section 41 (1) portable sign restriction chart, lit Special Sign Districts under zone and indicate portable signs are prohibited in these ones. 2) Section 41 (4) add prohibition for electronic message displays on portable signs. 3) Section 42 (1) banner and inflatable sign restrction chart; list Special Sign Districts under zone and indicate banners and inflatable sign are prohibited in these zones. 4) Section 49 (6) community event signs; add provision establishing maximum size for community event signs exempt from permits a 1.5 m2. 5) Section 55 construction site information signs; change to construction information sign, add definition, and establish maximum size criteria based on zoning. I i ~16 Please Lind attached the revised sections incorporating each of these changes. As the changes listed as numbers 1 - 5 above are minor in nature, and are generally a matter of housekeeping to provide clear regulations, there should be no significant impact on the public. KT: kt a November 3, 2009 Page 2 Revisions to Proposed Sign By-law 16 117 Sign By-law No. XXXX/09 Page 11 36. Where a licence application is for a porta le sign for an individual business in a building containing multiple tenants, tie application must include written permission from the owner or the owner' 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 or 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 Prohibited Prohibited Prohibited Prohibited Special Sign Districts Open Space System - Natural Areas Other Zones 2 m 4 m2 1 3 m (2) Every portable sign shall be locat d 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 i tersection of the 2 streets. (4) Portable signs may be illuminate but shall not incorporate electronic message displays, any moving parts, flashing lights or fluorescent materials. (5) Lettering used on a portable signs all not be greater than 0,2 m in height. (6) No portable sign shall be capable f being connected to a power supply without written Electrical Safety Aut ority approval. (7) A licence for a portable sign shall b valid for a period of not more than 30 days, after which the sign shall be immediately removed. i 118 Sign By-law No. XXXX/09 Page. 12 Banner and Inflatable Sign Restrictions 42. (1) Banners and inflatable signs shall mply with the following restrictions: Zone Max Max An& Max Number Min. Setback Residential Prohibited Prohibited Prohibited Prohibited Special Sign Districts Open Space System - Natural Areas All Other Zones 6.0 m 10 m2 1 3 m (2) Every banner or inflatable sign shell 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" me -tins 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 sidewalks ace is maintained. r (6) A maximum of 1 licence for a sidew Ik sign may be issued to an owner. (7) A licence for a sidewalk sign shall b valid for a period of 1 year. Sign By-law No. XXXX/09 Page 14 Community Event Signs 49. (1) In this section, "community even 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 communit~f 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 ocation sign unless the person has received a filming permit from the C ty. (2) No person shall erect a filming to tion 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 boulevar . (3) No person shall erect a garage sale sign more than 3 days prior to the day of the sale. ~o Sign By-law No. XXXX/09 Page 16'" (5) No person shall erect an address sign that contains promotional or advertising content. i (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 sub tantially altered. Construction Information Signs 55. (1) In this section, "construction info ation sign" means, a sign advertising construction and may include the name of the project, the architect, engineer, and other firms associat 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 constr ction" information sign except on a temporary fence or other physical arrier 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), n person shall erect a construction information sign that is more than 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 en completed or discontinued. Mocliel 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 ho sign at any location other than on a lot containing the model home. Development Sales Office Signs 57. (1) In this section, "development sales fice sign" means a sign erected on a temporary sales office where new homes and other developments are marketed to the public.