HomeMy WebLinkAboutBy-law 2439/87THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 2439/87
Being a by-law to regulate signs in the
Town of Pickering
Whereas pursuant to section 210.141 of the Municipal Act, R.S.O. 1980, c. 302,
as amended, by-laws may be passed by the councils of local municipalities for
prohibiting and regulating signs and other advertising devices or any class or
classes thereof and the posting of notices on buildings or vacant lots within
any defined area or areas or on land abutting on any defined highway or part of
a highway; and
Whereas pursuant to section 210.143 of the Act, the by-law may specify a time
period during which signs or other advertising devices in a defined class may
stand or be displayed in the municipality and may require the removal of such
signs or other advertising devices which continue to stand or be displayed
after such time period has expired; and
Whereas pursuant to section 210.143 of the Act, the by-law may require the
production of the plans of all signs or other advertising devices to be
erected, displayed, altered or repaired and provide for the charging of fees
for the inspection and approval of such plans and for the fixing of the amount
of such fees and for the issuing of a permit certifying to such approval and
may prohibit the erection, display, alteration or repair of any sign or
advertising device where a permit has not been obtained therefore and may
authorize the refusal of a permit for any sign or other advertising device that
if erected or displayed would be contrary to the provisions of any by-law of
the municipality; and
Whereas pursuant to section 210.144 of the Act, the by-law may authorize the
pulling down or removal at the expense of the owner of any sign or other
advertising device that is erected or displayed in contravention of the by-law
and may require any person who,
(a)
has caused a sign or other advertising device to be erected, displayed,
altered or repaired without first having obtained a permit to do so; or
(b)
having obtained a permit has caused a sign or other advertising device
to be erected, displayed, altered or repaired contrary to the approved
plans in respect of which a permit was issued,
to make such sign or other advertising device comply with the by-laws of the
municipality if it does not so comply or to remove such sign or other
advertising device within such period of time as the by-law specifies;
NOW THEREFORE the Council of the Corporation of the Town of Pickering enacts as
follows:
DEFINITIONS
1. In this by-law,
(1)
"BILLBOARD SIGN" means any standardized advertising poster or
painted sign used to advertise a business, product or service not
necessarily found or sold on the premises on which it is located.
(2)
"ELECTION SIGN" means a sign soliciting votes for or promoting the
election of a person or a political party seeking election for any
public office;
(3) "GROUND SIGN" means any sign permanently supported from the ground
other than any other sign defined in this by-law;
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
"INSPECTOR" means an inspector appointed by the Council of the Town
of Pickering, the Municipal Law Enforcement Officer or such other
person as Council may appoint to carry out the provisions of this
by-law;
"LOT" means the entire parcel of land owned or leased by any person;
"NON-COMBUSTIBLE MATERIAL" means any material
at or below a temperature of 288 degrees C.,
to burn or glow at that temperature;
which will not ignite
and will not continue
"PLAN OF SUBDIVISION" means a plan of subdivision of lots as
defined in the Planning Act and containing five or more lots and
registered in the Land Titles Office at Whitby on or after January
l, 1970;
"PORTABLE SIGN" means any sign which is not permanently attached to
the ground or to any building or structure and includes the type of
sign which is commonly known as a sandwich-board;
"PROFESSIONAL SIGN" means a sign indicating the name or occupation
of a person engaged in a specified skilled occupation for pay or as
a means of livelihood and located on the lot in which such
occupation is carried on;
"PROJECTING SIGN" means a sign other than a wall or sign which is
affixed to a building, wall or structure and projects out therefrom
and located in such a manner that the sign faces are not parallel
with the front wall of the building or structure to which the sign
is directly attached.
"PYLON SIGN" means a sign the surface of which is at least three
metres from ground level and supported by one or more poles or
other structures;
"REAL ESTATE POINT OF SALE SIGN" means a sign advertising the
property on which it is located for lease or sale;
"SIGN AREA" means the display surface of a sign. In the case of a
sign which is composed of individual letters, the area shall be
that area bounded by the outside periphery of the letters
considered as a group. A double sided sign that has identical
advertising on both sides, shall, for the purpose of this by-law,
be considered as one sign only and only the surface of one side
shall be taken into consideration in calculating the area of any
such sign.
"SIGN OR DISPLAY" means any device which identifies or advertises
any business, enterprise, organization or product on any premises
in such a way as to be visible to the public from any public street;
"SIGN STRUCTURE" means the supports and framework for the support
of a sign or display;
"STREET" means a public highway as defined in The Highway Traffic
Act;
"STREET LINE" means the limit of the street;
"SUBDIVISION DIRECTIONAL SIGN" means a sign supported from the
ground and located outside the limits of a plan of subdivision and
indicating only the name of or the direction to a plan of
subdivision and having an area of three square metres or less;
(19)
(20)
(21)
"SUBDIVISION SIGN" means a sign supported from the ground and
indicating the name of plan of subdivision or advertising the sale
of lots or dwelling erected on the plan of subdivision;
"TEMPORARY SIGN" means a sign intended to be used for a period not
exceeding one year announcing future use of the property on which
it is located, or a contractor job site sign;
"TRANSITORY SIGN" means any temporary promotional streamer or
banner made of such materials as cardboard, paper, plastic or
similar materials;
(22) "WALL SIGN" means a sign attached to any exterior wall or a
building.
EXCEPTIONS
Except with respect to location, the provisions of this by-law shall not
apply to:
(1) Professional signs having an area not in excess of 0.2 square
metres.
(2)
Any sign having an area not in excess of 0.2 square metres and
indicating the address and owner of a private residence on which
the sign is located.
(3)
Any sign erected by or on behalf of the Province of Ontario or the
Government of Canada or any Municipal Corporation or any local
Board or Commission as defined in The Ministry of Municipal Affairs
and Housing Act.
(4) Any flag, emblem or insignia of the municipality, the provincial or
federal government, school, charitable or religious group.
(5) Any sign indicating "No Trespassing", safety or caution.
(6)
Any landscaping design made up of flowers, shrubbery, and other
plantings and indicating the name of the owner or use or occupancy
of the property on which it is located.
(7) Transitory signs.
(8)
Signs painted on or attached by adhesive on any doors or windows of
a building provided the area of such sign does not exceed 25% of
the window or door to which it is attached.
(9)
Signs indicating only the direction to a
such signs do not exceed 0.75 square metres
in height above ground level.
parking area, providing
in area, and 1.8 metres
(10)
Real Estate Point of Sale Sign having an area of one square metre
or less, but subject nevertheless to the provisions of Section
]0(8).
(ll)
Any sign on a motor vehicle licensed for the current year by the
Ministry of Transportation and Communications of the Province of
Ontario.
(12) Any church bulletin board (but not including lighted signs of the
flashing or animated type) not exceeding one square metre in area.
SIGNS PERMITTED IN VARIOUS
AREAS OF THE TOWN OF PICKERING
RESIDENTIAL USES
(1)
Subject to the provisions of Section 2, in those areas of the Town
used as "Residential", no signs except the following signs shall be
permitted:
(a)
One sign (but not including lighted signs of the flashing
or animated type), not exceeding one square metre in area
advertising boarding, lodging or tourist accommodation on
the lot on which such sign is located.
AGRICULTURAL, OPEN SPACE AND GREENBELT USES
(2)
Subject
used as
no signs
to the provisions of Section 2, in those areas of the Town
"Agricultural", Public/Private Open Space" and "Greenbelt",
except the following signs shall be permitted:
(a) Two signs of any type except the flashing or animated signs.
"PUBLIC" AND "INSTITUTIONAL" USES
(3)
Subject to the provisions of Section 2, in those areas of the Town
used as "Public" and "Institutional", no signs except the following
signs shall be permitted:
(a)
Two signs of any type except billboard signs (but not
including lighted signs of the flashing or animated type),
for each lot, providing each sign does not exceed 4.6
square metres in area.
"COMMERCIAL" AND "MIXED COMMERCIAL/INDUSTRIAL" USES
(4)
Subject to the provisions of Section 2, in those areas of the Town
used as "Commercial" and "Mixed Commercial/Industrial", no signs
except the following signs shall be permitted:
(a)
One Ground sign or one Pylon sign or one portable sign or
one Billboard sign on each lot having a frontage on a
public street of 60 metres or less. Where the frontage of
the lot exceeds 60 metres, then an additional Ground sign
or one Pylon sign shall be permitted for each additional
frontage of 60 metres, or part thereof
(b) One Wall sign or Projecting sign for each wall,
(c)
Multiple occupancy buildings one Wall sign for each
occupant or for each exposed wall.
"INDUSTRIAL" SIGN
(5)
Subject to the provisions of Section 2, in those areas of the Town
used as Industrial, no signs except the following signs shall be
permitted:
(a)
One Wall sign for each business provided that where a
business has a frontage on more than one public street,
then one additional Wall sign shall be permitted on such
business provided that where two signs are applied for,
each sign shall be located on a different wall of the
building so that no more than one of such signs shall face
each public street. The maximum size of a Wall sign
referred to in this subsection shall not exceed 25% of the
area of the wall,
(5)
(b)
One Ground sign or one Pylon sign for each multiple
occupancy building, the maximum size of such sign to be in
keeping with the following:
(i)
Multiple occupancy building - nine units or less,
maximum sign area to be four square metres, maximum
sign height to be two metres,
(ii)
Multiple occupancy building - ten units to nineteen
units, maximum sign area to be six square metres,
maximum sign height to be four metres,
(iii)
Multiple occupancy building - twenty units or more,
maximum sign area to be eight square metres, maximum
sign height to be six metres.
(c)
One Ground sign or one Pylon sign for each single occupancy
building, the maximum area and height of such sign to be:
Frontaoe of Property Area of Sign Height of Sign
60 metres or less 6 s(
70 " " " 7
80 " " " 8
90 " " " 9
1 O0" " " 10
110 " " " 10
110 metres or more 10
uare metres
4.5 metres
5.0
5.5
6.0
6.5
7.0
7.5
d)
One Billboard sign for each vacant lot.
"CEMETERY" USES
(6)
Subject to the provisions of Section 2, in those areas of the Town
used as Cemetery or any other zone where the use of land designates
a cemetery as a permitted use, no signs except the following signs
shall be permitted:
(a)
Signs of any type, except illuminated signs, and pole
signs, indicating the name of the cemetery, provided that
each sign shall not exceed four square metres in area.
LOCATION OF SIGNS
(1) No sign shall be erected on any public street.
(2)
No sign shall protrude over any public street, except a Projecting
sign or Wall sign attached to a building that is lawfully located
less than one metre from the street line.
(3)
No sign shall be erected or maintained which is in view from any
highway which sign resembles any official traffic sign or signal,
or which attempts to direct the movement of traffic or which hides
the view of any official traffic sign or signal except entrance
signs, which entrance signs shall have ground level and a minimum
setback of 0.3 metres from any street line, provided they do not
hide the view of any official traffic sign or signal.
(4)
No sign shall be erected or maintained using red or green
illuminated colours within ten metres of any intersection at which
motor vehicle traffic is controlled by any type of automatic
traffic signals.
(5)
The provisions of this section shall not apply to signs erected by
the Province of Ontario or the Government of Canada or any
Municipal Corporation of any local Board or Commission as defined
in the Ministry of Municipal Affairs and Housing Act.
Ge
(1)
(2)
(1)
(2)
(3)
APPLICATIONS AND PERMITS
No person shall erect, maintain or structurally alter any sign
unless and until a permit is obtained from the Municipal Law
Enforcement Officer. The applicant for any such permit shall file
with the Municipal Law Enforcement Officer the documents
hereinafter listed in duplicate and pay the sum of money
hereinafter referred to, and shall supply the Municipal Law
Enforcement Officer with any such additional information as may be
required by him:
(a) The application form as supplied by the Municipal Law
Enforcement Officer,
(b)
A block plan showing the street line and the other
boundaries of the lot on which it is proposed to erect such
sign, and the location of the sign upon the lot in relation
to other structures on such lot and/or upon the lots
immediately adjoining thereto. If required by an
Inspector, the correctness of such plans submitted for
approval shall be certified by an Ontario Land Surveyor,
(c)
Complete plans and specifications covering the construction
or structural alteration of the sign and the supporting
framework, and if required by the Inspector, said plans and
specifications shall be certified by a registered
Professional Engineer as to its structural adequacy.
(d)
Plans of, and such other information with respect to, any
building upon which it is proposed to locate the sign as an
Inspector may require.
(e)
The consent in writing of the owner or occupant of the lot
upon which such sign is to be erected, giving permission to
the Inspector to come upon the said lot or any building
located thereon at any time, for the purpose of inspecting
such signs as may be erected thereon,
"PERMIT FEES" The fee payable for a permit thereof, for each
individual sign shall be $25.00.
Upon receipt of an application and payment required, the Municipal
Law Enforcement Officer shall forthwith forward the details of the
application to:
(a) the Chief Building Official, who shall determine if the
application complies with the Ontario Building Code.
(b) the Fire Chief, who shall determine if the application
complies with the Ontario Fire Code.
(c)
the Director of Planning who shall determine zoning
compliance and if the proposed structure is not in conflict
with an approved site plan.
Where any determination is made that the erection or alteration of
any sign may place too great a load or stress on the building, or
the applicable fire regulations will be breached by such erection
or alteration or the proposed sign does not comply with the
applicable zoning by-law the deficiencies shall be specified and
the Municipal Law Enforcement Officer shall notify the applicant,
in writing, of all such deficiencies.
Where an applicant advises the Municipal Law Enforcement Officer,
in writing, that he, she or it disputes a determination made under
subsection (2) above, the matter shall be referred forthwith by the
Municipal Law Enforcement Officer to the Town Council which shall
hear representations from the applicant and determine the matter.
e
ge
MAINTENANCE
The owner of any sign shall keep such sign, together with its supports,
braces, guys and anchors, in good repair and in proper state of
preservation, as to safety and appearance.
INSPECTION
(1)
It shall be the duty of the Inspector to make such inspections of
signs erected within the Corporate Limits of the Town of Pickering
as he shall deem necessary in order to determine whether said signs
have been erected and are being maintinaed in accordance with the
provisions of this by-law.
(2)
The Municipal Law Enforcement Officer shall, by registered mail,
order the owner to alter, correct or remove any sign which is not
constructed or erected in conformity with the terms of the permit
or application or with any part of this by-law.
(3)
The Municipal Law Enforcement Officer shall, by registered mail,
order the owner, upon the recommendation of the Inspector, to
repair or remove any sign found to be in a faulty condition in
respect to safety, finish or illumination.
(4)
The owner shall comply with any written order referred to in
subsection (2) and (3) within fourteen days of the date on which
such registered letter is deposited in the Post Office.
(~)
Where the owner of a sign has not complied with the provisions of
subsection (4), the Inspector shall cause the sign to be removed
and stored at the expense of the owner and the sign shall not be
released to the owner until the said expenses are paid.
For the purpose of the interpretation of this section, the work
"owner" shall mean and include any person in whose name the permit
relating to such sign was issued, and/or the owner or occupant of
the lot on which such sign is located.
DESIGN AND MATERIALS
{1)
"DESIGN" - Any chattel not originally manufactured or designed for
the purpose of a sign shall not be used or converted to the use as
a sign and without limiting the generality of the foregoing, this
includes automobiles, aeroplanes and other vehicles.
(2) "MATERIALS"
(a)
Except for Temporary signs and non-illuminated Wall signs,
and non-illuminated Projecting signs under three square
metres in face area and below the second floor level, all
signs shall be constructed of non-combustible materials or
approved combustible plastics.
(2)
(b)
Non-structural trim may be made of metal, wood or approved
combustible materials. Facings, letters or decorations
attached to all types of signs may be made of wood or other
approved combustible materials. No sign shall be painted
on any wall or building.
(3)
"OBSTRUCTION" - No sign or advertising devices shall be so located
upon any buildings as to obstruct any window, door, scuttle,
skylight or fire escape, so as to prevent free access of
firefighters to any part of the building in case of fire.
(4)
"WIND PRESSURE" - All signs shall be designed, constructed and
erected to withstand wind pressures not less than the provisions
required for buildings or other structures in the current edition
of the National Building Code.
lO.
(1
(2
(3
(4)
REGULATIONS
"BILLBOARD SIGNS" - No Billboard signs shall be erected maintained
or altered except in accordance with the following regulations:
(a)
Billboard signs shall be located within three metres of any
street line.
(b) The advertising surface of a billboard sign shall not
exceed 60 square metres and such sign shall not exceed a
height of 8.0 metres.
"GENERAL PROVISIONS RELATING TO ALL SIGNS"
(a)
No sign operated electrically shall be erected,
or altered unless such electrical work is in
with the Canadian Electrical Code and the
Hydro-Electric Commission regulations.
maintained
conformity
Pickering
(b)
No sign operated electrically shall be facing within
fifteen metres of those parts of the Town of Pickering
zoned "Residential".
"GROUND SIGNS" - No Ground signs shall
altered except in accordance with
regulation:
be erected, maintained or
the following additional
(a) No such sign shall be located within three metres of any
street line.
(b)
No part of the sign surface shall be located more than 7.5
metres from ground level.
"PORTABLE SIGNS" - No Portable sign shall be placed or maintained
except in accordance with the following additional regulations:
(a)
Portable signs shall not have more than two advertising
surfaces and each advertising surface shall not exceed four
square metres in area nor exceed two metres in total height,
(b) All Portable signs shall be constructed with metal or
plastic frames and with metal or plastic display surfaces,
(c)
No Portable signs shall be located within three metres of
any street line.
"PROJECTING SIGNS" No Projecting sign shall be erected,
maintained or altered except in accordance with the following
additional regulations.
(a)
A Projecting sign shall have a minimum clearance of three
metres above ground level,
(b)
A Projecting sign shall not extend more than three metres
beyond the face of the building to which it is attached.
"PYLON SIGNS" No Pylon sign shall be erected, maintained or
altered except in accordance with the following regulation:
(a)
No part of the sign surface shall be located more than 7.5
metres from ground level.
(b) No pylon sign shall be located within three metres of any
street line.
10.
(7)
9
"REAL ESTATE POINT OF SALE SIGNS" - All such signs shall be removed
from the premises on which the sign is located within 30 days of
the completion of the sale or lease as the case may be.
(8) "SUBDIVISION DIRECTIONAL SIGNS" - shall be governed by the
following regulation:
(a)
The sign shall be removed not later than four months after
dwellings have been erected on the subdivision plan and all
built upon lots on the subdivision plan have been sold.
(9) "SUBDIVISION SIGNS" - shall be subject to the following regulations:
(a) Each sign does not exceed 60 square metres,
(b)
(9) (c)
(lO)
(ll)
The minimum distance from
and/or building shall be in
schedule:
the sign to any street line
accordance with the following
Minimum Minimum Minimum
Distance to Distance to Clearance
Street Line Any Building Grade
l0 metres 20 metres 1.5 metres
The land on which the sign is erected has a frontage at the
street line of at least 30 metres,
(d)
Each sign is supported by a framework or structure of sound
construction and maintained in a safe condition
satisfactory to the Building Inspector of the Town of
Pickering,
(e)
The sign shall be removed not later than four months after
dwellings have been erected on the subdivision plan and all
built upon lots on the subdivision plan have been sold.
"TEMPORARY SIGNS" - A Temporary sign shall be removed from the
premises which it is located within six months from the date of the
erection of such sign, unless an extension of time is obtained in
writing from the Municipal Law Enforcement Officer. As security
for this provision, the applicant shall deposit with the Town at
the time of applying for a permit, the sum of Twenty-Five Dollars
($25.00), which shall be in addition to the permit fee. In the
event that the applicant does not remove the sign within the time
limit mentioned above, then the Municipal Law Enforcement Officer
may have the sign demolished or removed and the material disposed
of at the cost of the applicant and paid for out of said security
deposit. The balance of the monies, if any, shall be returned to
the applicant.
"WALL SIGNS" - No Wall sign shall be erected, maintained or altered
except in accordance with the following additional regulations:
(a)
The sign area of a Wall sign shall not have an area greater
than one-quarter of the surface area of the wall to which
it is attached,
(b) It shall not project more than one metre from the face of
the wall,
(c) It shall not be located closer to ground level than 2.4
metres,
(d)
It shall be constructed in such a way so that the area
between the sign surface and the wall to which the sign is
attached shall not collect any rain, snow, or wind pockets.
lO
ELECTION AND/OR CAMPAIGN SIGNS
ll.
Election and/or campaign signs may be erected on private property with
the consent of the owner or tenant thereof. Such signs shall not exceed
five square metres in area, and shall be erected or installed not more
than six weeks before the day of election to which same relate and shall
be removed two days after the day of such election.
LIABILIITY
12.
The provisions of this by-law shall not be construed as relieving or
limiting the responsibility or liability of any person erecting or
owning any sign or display from personal injury or property damage
resulting from the placing of such sign, or resulting from the
negligence or wilful acts of such person, his agents or employees, in
the construction, erection, maintenance, repair or removal of any sign
erected in accordance with a permit issued hereunder. Nor can it be
construed as imposing upon the municipality or its officers or employees
any responsibility or liability by reason or the approval of any signs,
materials or devices under provisions of the by-law.
REVOCATION OF PERMIT
13.
The Municipal Law Enforcement Officer is hereby authorized and empowered
to revoke any permits issued by him, upon failure of the holder thereof
to comply with any provisions of this by-law.
NON-CONFORMING SIGNS
14.
The provisions of this by-law shall not apply to signs which have been
legally erected prior to the passing of this by-law.
NOTICES
15.
Any notices required to be given under this by-law shall be given by
registered mail addressed to the person in whose name the permit for
such sign was obtained, or to the owner or occupant according to the
last revised Assessment Roll of the Town of Pickering of the property on
or in front of which the sign was situate, and shall be effective as of
the date on which such registered letter is deposited in the Post Office.
PENALTY FOR NON-COMPLIANCE
16.
Any person convicted of a breach of the provisions of this by-law shall
forfeit and pay penalty not exceeding, exclusive of costs, the sum of
Two Thousand Dollars ($2,000.00) for each offence and such penalty shall
be recoverable under the provisions of The Provincial Offences Act as
provided for in The Municipal Act.
BY-LAW REPEALED
17. By-law Number 3071 is hereby repealed.
By-law read a first, second and third time and finally passed this 6th day
1987.
Mayor
Clerk ~ /