By-Law 3-10 A By-law Respecting Signage in Rothesay (Consolidation)
Rothesay, New Brunswick
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BY-LAW No. 3-10
A BY-LAW RESPECTING SIGNAGE IN ROTHESAY
Consolidation to January 2014
TABLE OF CONTENTS
1 - PURPOSE .................................................................................................................. 3
2 - ADMINISTRATION ................................................................................................. 3
3 - APPLICATION FOR A SIGN LICENSE .................................................................. 4
4 - REFUSAL OF A SIGN LICENSE ............................................................................. 5
5 - REVOCATION OF A SIGN LICENSE ..................................................................... 5
6 - APPLICATION TO PLANNING ADVISORY COMMITTEE .................................. 6
7 - APPLICATION EXEMPTIONS ................................................................................ 6
8 - DEFINITIONS........................................................................................................... 8
9 - PROHIBITIONS ...................................................................................................... 11
10 - REPAIR AND REMOVAL .................................................................................... 12
11 - GENERAL DESIGN STANDARDS...................................................................... 12
12 - STANDARDS FOR PERMITTED SIGNS ............................................................ 13
12.1 - Freestanding Signs........................................................................................... 13
12.2 - Fascia Signs ..................................................................................................... 14
12.3 - Awning Signs .................................................................................................. 15
12.4 - Under-Awning Signs ....................................................................................... 16
12.5 - Construction Site Signs .................................................................................... 16
12.6 - Flags ................................................................................................................ 17
12.7 - Projecting Signs ............................................................................................... 17
12.8 - Real Estate Signs ............................................................................................. 18
12.9 - Open House Signs ........................................................................................... 18
12.10 - Subdivision Signs .......................................................................................... 19
12.11 - Window Signs ............................................................................................... 19
12.12 - Banner Signs ................................................................................................. 20
12.13 - Sandwich Board Signs ................................................................................... 20
12.14 - Incidental Signs ............................................................................................. 21
13 - SPECIAL PROVISIONS ....................................................................................... 22
14 - FEES AND CHARGES ......................................................................................... 22
15 - ENFORCEMENT .................................................................................................. 23
16 - PENALTIES .......................................................................................................... 23
17 - REPEAL AND ENACTMENT .............................................................................. 24
Page 2
1 - PURPOSE
The purposes of the following sign regulations are:
- To promote the effective use of signs as a means of communication that allow
commercial enterprises to clearly identify their places of business;
- To maintain and enhance the physical appearance of Rothesay;
- To minimize the potential adverse effects of signage on private and public
property;
- To enable the fair and consistent enforcement of sign regulations.
2 - ADMINISTRATION
2.1
This By-law applies to the entire area within the bounds of the municipality
of Rothesay.
2.2
No person shall construct, set up, place, exhibit, erect, or relocate a sign in
Rothesay except in conformance with this By-law and with a valid sign
license issued by the Development Officer. This By-law applies to all signs
on public and private property.
2.3
Any sign erected in contravention of this By-law shall be removed at the
expense of the owner, applicant or lessee.
2.4
POSTERS
In a public place posters may only be posted or otherwise affixed if:
a)
They are not placed on any public signage or notice;
b)
They are not placed more than two metres above the ground;
c)
They are not placed on an electrical utility pole;
d)
Tape or water soluble glue is used to attach the poster;
e)
The posting date is written on the poster;
f)
No more than one poster per event, business, product or cause is
placed on each structure, pole, fence or on any other surface; and
g)
Posters and signs must be removed after 14 days, or removed no less
than 48 hours after any event they advertise, whichever is sooner.
Posters and other temporary signs may be removed by the town, without
notice, in the course of routine maintenance and cleaning.
2.5
Every sign shall be well maintained in a safe condition at all times. Any sign
that in the opinion of the Development Officer is a danger to surrounding
property or persons shall be repaired or removed without prior notice by
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Rothesay and all expenses involved in such action shall be charged to the
owner of the sign.
2.6
Nothing in this By-law shall be taken to relieve any persons from complying
with the provisions of any other by-law of Rothesay.
3 - APPLICATION FOR A SIGN LICENSE
3.1
Applications for a sign license shall be made to the Development Officer and
shall include:
a)
The civic address of the building, structure or lot on which the sign is
to be erected, altered, or relocated;
b)
Authorization by the owner of the subject property and/or building;
c)
A drawing to scale for each side of the sign giving all pertinent
materials and dimensions;
d)
A drawing illustrating the position of any sign to be painted on or
attached to a building or structure and the method of attachment;
e)
A dimensioned site plan showing the sign and distances from all
adjacent property lines, driveway locations and other prominent
features located on the property;
f)
Details of the supporting framework and foundation base details; and
g)
Details of any lighting
h)
Applicable fees as set out in a fee schedule appended to this By-Law
as Schedule "B" having been adopted by Council, and which may
from time to time be amended by resolution. Consolidation 13 January
2014 (insertion).
3.2
Whenever in the opinion of the Development Officer or Building Inspector
the nature of the proposed work requires technical knowledge, a drawing
signed and sealed by a professionally certified Engineer illustrating details of
sign attachment and assembly for freestanding, awning and projecting signs
shall be required. All signs shall be erected in accordance with the National
Building Code.
3.3
The Development Officer shall ensure that the signage proposal conforms to
this and all applicable by-laws and legislation.
3.4
If on examination of the information presented and receipt of the prescribed
fee, the Development Officer is satisfied that the application is consistent
with this By-law and all other by-laws and legislation, the Development
Officer may issue a sign license.
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4 - REFUSAL OF A SIGN LICENSE
The Development Officer shall refuse to issue a sign license for any sign if:
a) the proposed sign does not comply with the provisions of this By-law or any
other applicable law or legislation or would make any existing sign non-
compliant;
b) the building or structural supports on which the sign is to be located or
attached is determined to be incapable of supporting the sign, or if the
information submitted regarding the construction of the sign or supporting
structure is not sufficient to enable the Development Officer to adequately
determine the capability of such support;
c) the proposed sign would, in the opinion of the Development Officer, obstruct
or otherwise interfere with any traffic control devices, or the visibility of
motorists or pedestrians;
d) an applicant has failed to provide the information required by this By-law to
the Development Officer; or
e) the proposed sign directly interferes with the visibility of adjacent signs.
5 - REVOCATION OF A SIGN LICENSE
The Development Officer may revoke a sign license:
a) where there is a violation of any condition under which the sign license was
issued;
b) where there is a violation of any provision of this By-law or any other
applicable law or legislation;
c)
if the Development Officer is satisfied that such sign license was issued by
reason of incorrect, false, or misleading information furnished by the
applicant; or
d) if the sign license was issued in error.
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6 - APPLICATION TO PLANNING ADVISORY COMMITTEE
6.1
An applicant for a Sign License may make application to the Rothesay Planning
Advisory Committee should a sign license not be issued by the Development
Officer for any of the reasons outlined within this By-law or should the applicant
wish to make application to vary the requirement of this By-law in accordance
with the Community Planning Act.
6.2
The Development Officer, at their discretion, may submit an application to the
Planning Advisory Committee where additional guidance is required prior to the
issuance of a sign license.
7 - APPLICATION EXEMPTIONS
7.1
This By-law exempts the following from sign license requirements Consolidation 13
January 2014 (deletion).
The following signs may be exempted from the sign license requirements of this
By-law where in the opinion of the Development Officer such signs accord with
the general intent of the by-law and would present minimal adverse effects of
signage on the physical appearance of Rothesay. Consolidation 13 January 2014
(insertion).
Notwithstanding any other provision of this By-law, the Development Officer
shall not issue more than two (2) sign application exemptions per calendar year
for any one residentially designated lot and not more than six (6) sign application
exemptions per calendar year for any one commercial or institutional designated
lot. Consolidation 13 January 2014 (insertion).
a)
Signage that forms part of appliances and fixtures such as gas pumps,
pop machines and telephone booths and like appliances and fixtures;
b)
Signs or public notices erected or authorized to be installed by the Town
or Provincial or Federal legislation;
c)
Re-painting, replacement of the fascia panel or normal maintenance of
existing previously approved signs for an existing business;
d)
Signs denoting access and parking for the disabled;
e)
Non-advertising commemoration plaques, cornerstones or tablets;
f)
One vehicular directional sign not exceeding 0.25 m2 in area and one
metre in height to be located at each entrance and exit to public or private
parking;
g)
Signs not exceeding 3 m2 for the purpose of advertising any political
party or candidate participating in an election for public office;
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h)
Any sign that does not exceed 0.25 m2 in area that identifies the name
and address of a resident or which regulates the use of property such as
"no trespassing" signs;
i)
Real Estate signs, in accordance with Section 12.8 of this By-law;
j)
Posters, in accordance with Section 2.4 of this By-law;
k)
Open house signs, in accordance with Section 12.9 of this By-law;
l)
Window signs in accordance with Section 12.11 of this By-law;
m)
Community event signs that are owned and operated by the town of
Rothesay. Non-illuminated community event signs where the following
requirements are met: Consolidation 13 January 2014 (deletion/insertion)
i. no sign face shall exceed three square metres in area;
ii. a double sided sign is considered as one sign if the total area of both
sign faces does not exceed three square metres in area;
iii. not more than two signs per property;
iv. not more than three signs per event;
v. not located within 2 metres of any property line;
vi. not located within the public road right of way;
vii. not erected more than fourteen days before the event; and
viii. removed not more than two days after the event.
n)
All signage owned, operated or managed by or on behalf of the town of
Rothesay. Consolidation 13 January 2014 (insertion)
o)
Notwithstanding Section 9.2 (k), any new motor vehicle of the current
model year and issued or eligible for a Dealer Plate in accordance with
the Motor Vehicle Act, carrying a sign, which is placed primarily for
advertising the activities of and for lottery on behalf of a NOT FOR
PROFIT ORGANIZATION which is parked in the same location, on a
commercially designated property, for a period not exceeding thirty (30)
days. Consolidation 13 January 2014 (insertion)
7.2
The above exempted signs shall, in the opinion of the Development Officer be
safe, secure, and not hinder the use by the public of any street and shall not be
constructed, erected, altered or maintained in violation of this By-law.
Page 7
8 - DEFINITIONS
AWNING means a moveable, temporary or permanent cover or canopy that
projects outward horizontally from the wall of a building.
BY-LAW COMPLIANCE OFFICER means an employee of Rothesay appointed by
Council to enforce municipal bylaws.
CLEARANCE means the average vertical distance measured from grade to the
bottom of the sign.
COMMUNITY GROUP means the activities of an association of residents or
individuals who are typically unpaid and voluntary providing a community
service that is ordinarily performed in connection with an institutional use such as
a church, school, hospital or museum and provided that such activities are non-
commercial in nature and related to a non-profit community event. Consolidation 13
January 2104 (insertion).
COPY means letters, characters, numbers or graphics that make up the message on
a sign, but does not include background colour.
COPY, MANUAL CHANGEABLE means copy that can be changed manually
through the use of detachable letters, characters, numbers or graphics.
DEVELOPMENT OFFICER means the municipal planning director appointed by
Council under the Community Planning Act.
FACADE means the exterior front face, or side face of a building or unit;
whichever is the face on which the sign is to be placed.
FLAG means a rectangular piece of fabric advertising an organization, product or
event, but does not include a flag representing a country of the world or any
province, Canadian territory or municipal corporation.
GRADE means the elevation adjacent to any sign or the elevation of the finished
ground surface directly below a sign.
HEIGHT means the vertical distance from grade to the top of the sign or its
supporting structure whichever is greater.
LANDSCAPED AREA means an area of land which contains trees, shrubs,
flowers or other planted material and may include planter boxes.
MAY is construed as permissive.
NOT FOR PROFIT ORGANIZATION means the activities of an incorporated
not-for-profit company under the Companies Act of New Brunswick or a
registered charity that is constituted federally or provincially. Consolidation 13
January 2014 (insertion).
Page 8
POLICE OFFICER means a member of the Rothesay Regional Police Force.
POSTER means a temporary sign, bill or placard placed in a public place, but does
not include sign types otherwise defined in this By-law.
ROTHESAY means the town of Rothesay, as established by New Brunswick
Regulation 85-6, under the Municipalities Act.
SIGN LICENSE means an authorization in writing issued by the Development
Officer pursuant to this By-law.
SHALL is construed as mandatory.
SIGHT TRIANGLE means the triangle at a street intersection that is formed by
connecting the following points: the point where the street edge or curbs intersect
at the apex and a point on each street that is 7.5 metres from the intersection.
SIGN means any graphics, letters, logos, advertisements, placards, notices or other
form of announcement, including its background and supporting structure,
displayed to the general public to provide information or solicit business
SIGN AREA means the total area that is within the outer edge of the frame or
border of a sign including any embellishment thereof, but where a sign has no
frame, border, or background, the sign area shall be the area contained within a
rectangle that encloses all of the copy including any embellishments.
SIGN, ANIMATED means a sign that has motion or colour changes to any part of
the sign, but excludes a sign which displays only time, temperature or date.
SIGN, AWNING means a sign situated on, placed on or printed on the exterior
surface of an awning.
SIGN, BANNER means a temporary sign, affixed to a pole or building, that is not
independently supported by a rigid frame.
SIGN, BILLBOARD means a sign used or intended to be used for the purposes of
advertising or calling attention to any person, matter, thing, event or property that
is not directly related to the business conducted on the property which it is
located, but not including community event signs.
SIGN, COMMUNITY EVENT means a permanent sign owned and operated by
the town of Rothesay to advertise on behalf of community groups and
organizations. Consolidation 13 January 2014 (deletion)
SIGN, COMMUNITY EVENT meaning a sign erected on a temporary basis to
advertise the specific activity or event of a not-for-profit organization or
community group. Consolidation 13 January 2014 (insertion)
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SIGN, COMMUNITY MESSAGE meaning a permanent sign owned and
operated by the town of Rothesay to advertise messages on behalf of the Town,
community groups and organizations. Consolidation 13 January 2014 (insertion)
SIGN, CONSTRUCTION SITE means a sign used to identify a construction
project, the owner, general contractor, sub-trades, architect, engineers and others
associated with the design, planning and development of a project under
construction. A construction trailer with multiple permanent signs painted on it
will be counted as one construction sign for the purpose of this By-law.
SIGN, ELECTION means a temporary sign erected to advertise a political party,
or a registered candidate, in a federal, provincial or municipal election. Consolidation
9 July 2012 (deletion).
SIGN, POLITICAL means a sign that pertains only to an election of a
representative of the eligible voters in Rothesay to the District Education Council,
Regional Health Authority, Rothesay Town Council, Provincial Government or
Federal Government. Consolidation 9 July 2012 (insertion).
SIGN, FASCIA means a flat, horizontal sign that sits flush on a building's exterior
wall, generally above doors or windows.
SIGN, FREESTANDING means a permanent sign standing apart from a building,
with a permanent foundation or independent supports that are secured in the
ground.
SIGN, INCIDENTAL means a sign relating to the lot or use thereof designating
accessory uses, parking direction, identification or information.
SIGN, OPEN HOUSE means a temporary, ground supported sign that identifies
the time and location of an open house.
SIGN, PORTABLE means a temporary sign that is designed to be moved from
one location to another that does not rely on a building or fixed foundation for its
structural support, including signs mounted on trailers, signs placed on the
surface of any lot and signs commonly known as mobile signs, but not including
sandwich board signs.
SIGN, PROJECTING means a flat sign with two sides that is perpendicular to,
and extends more than 30 cm from, the exterior wall.
SIGN, REAL ESTATE means a sign that offers property for sale, lease or rent.
SIGN, SANDWICH BOARD means an easily moveable sign standing apart from
a building, consisting of two flat surfaces, which has independent supports but no
fixed foundation.
SIGN, SUBDIVISION means a temporary, non-illuminated, ground supported
sign that provides information on the sale of lots in a subdivision under
development.
Page 10
SIGN, VEHICULAR DIRECTIONAL means a sign used to direct vehicular traffic
to parking areas of a building or unit.
SIGN, WINDOW means a sign, picture, symbol or combination thereof, which is
painted, pasted or otherwise placed on the inside of a window.
SIGN, UNDER AWNING means a sign that is suspended from an awning and
entirely under the awning.
TOWN means the town of Rothesay, as established by New Brunswick Regulation
85-6, under the Municipalities Act.
UNIT means that part of a building, structure or lot owned, leased, or rented by a
person or persons to conduct a business.
9 - PROHIBITIONS
9.1
Unless permitted in another by-law, order or provincial or federal statute, signs
that are not expressly permitted or exempted in this By-law are prohibited.
9.2
Without restricting or limiting the generality of the foregoing, the following signs
are specifically prohibited:
a)
Billboard sign;
b)
Any signage erected within the sight triangle, the triangle at a street
intersection that is formed by connecting the following points: the point
where the street edge or curbs intersect and a point on each street that is
7.5 metres from the intersection.;
c)
Any roof sign;
d)
Any portable sign not considered to be a Sandwich Board Sign as defined
by this By-law;
e)
Any sign that obstructs any part of a doorway, window or balcony with
the exception of permitted window signs;
f)
Any sign that has affixed to or contains any flashing, animated, rotating,
moving or oscillating electrical components, except for electronic message
boards, unless approved by a Development Agreement entered into in
accordance with the Community Planning Act;
g)
Any flashing, animated or chasing border signs or part thereof;
h)
Any sign that devotes more than 50% of its sign area to manual or
automatic changeable copy, with the exception of community event
signs;
i)
Any sign that imitates or resembles in any way, shape, form, words or
lighting, a traffic control device;
Page 11
j)
Any sign that uses dayglo fluorescent, luminous or reflective paint or
similar products;
k)
Any vehicle carrying a sign, which is placed primarily for advertising
purposes instead of being regularly used for transportation, or any
commercial vehicle carrying a sign, which is parked in the same location,
on a commercially designated property, for periods exceeding 48 hours.
l)
Inflatable signs, figures, objects, and animals.
10 - REPAIR AND REMOVAL
10.1
When a new owner or tenant occupies any vacant premises, such person shall
remove all signs that are not in compliance with this By-law, including any
supporting system, before an occupancy permit is issued.
10.2
A person shall not alter or relocate a sign that is not in compliance with this By-
law unless:
a) a sign license has been issued by the Town; and
b) the sign is altered or relocated to conform with this By-law.
10.3
A sign that does not comply with this By-law may be repaired subject to the
Development Officer's approval.
11 - GENERAL DESIGN STANDARDS
The design and placement of signs shall be carefully coordinated with the architectural
elements of the façade and other exterior elements of the building. Signs shall be:
a) single or double sided;
b) designed with colors and materials coordinated with the building;
c) if illuminated, in accordance with the following:
i)
Freestanding signs, fascia signs and projecting signs may be illuminated
by internal lighting, external lighting, floodlighting and neon unless
otherwise limited by this By-law;
ii) External lighting shall be limited to the greatest extent possible to the sign
face with the light source concealed from view;
iii) All wiring and conduits to electric signs and lighting sources shall be
placed within the building walls, located underground or otherwise
concealed from view.
iv) Illuminated signage on a building facade that fronts residential properties
may be permitted if in the opinion of the Development Officer the
illumination will not be a nuisance to residents.
Page 12
12 - STANDARDS FOR PERMITTED SIGNS
12.1 - Freestanding Signs
Freestanding signs are permanent signs that stand apart from a building. They have supports that
are permanently secured in the ground. As freestanding signs are generally the largest signs
permitted on a property they attract passing customers and identify the shopping plaza or building
where an establishment is located. The size, number and location of freestanding signs are
regulated for numerous reasons: over-sized free standing signs can become a nuisance for
neighbours; free standing signs can reduce visibility for both pedestrians and vehicles; and too
many, or too large, free standing signs appear visually cluttered and unattractive.
Number Permitted
One freestanding sign is permitted per developed property
in the commercial, business park, institutional, recreational
zones, special area and industrial zones.
Location
a) All freestanding signs shall be sited in a landscaped area
that is at least equal in size to the sign area.
b) No part of a freestanding sign shall be located within:
o 2 metres of any property line;
o 2 metres of any driveway access;
o 1 metre of any building; or
o The sight triangle.
c) In no case shall a freestanding sign be located so as to
obstruct pedestrian or vehicular traffic.
Sign Area
a) A freestanding sign, including the supporting structure,
shall be limited to a maximum area of 8m2 per side of the
sign.
b) The total width of the sign, including the posts, shall not
exceed 4 metres.
Sign Area
For properties in the General Commercial and Millennium
General Commercial
Park Zones with a frontage of at least 200 metres
Millennium Park
freestanding signs shall be limited to:
a) a maximum area of 10 m2 per side of the sign, including
the sign structure; and
b) a total width, including the posts, of 6 metres.
Height
Freestanding signs shall not exceed 6 metres in height
above grade.
Page 13
Sign Height
In the General Commercial and Millennium Parks Zones
General Commercial
freestanding signs shall not exceed 10 metres in height
Millennium Park
above grade.
Clearance
So as not to obstruct visibility the sign must have a
minimum clearance of 2 metres from the average grade
adjacent to the sign to the bottom of the sign structure.
Heritage Area
Heritage Preservation Board approval is required to erect a
freestanding sign in the Heritage Area.
12.2 - Fascia Signs
Fascia signs are flat, horizontal signs that sit flush on a building's exterior wall above windows
and doors. Since fascia signs are commonly positioned directly above an establishment's main
entrance they identify the precise location of a business or organization, especially in a multi-unit
building. Fascia signs are accessory to the overall design and architectural features of buildings.
The size and location of fascia signs are regulated to ensure they are not oversized for the façade
on which they are placed, or cause a nuisance to neighbouring properties.
Number Permitted
Only one fascia sign is permitted per building, subject to
Schedule A, except:
a) where a building contains more than one business each
business is permitted one fascia sign, or
b) where a business fronts two public streets the business is
permitted one fascia sign facing each street frontage.
Where a building contains multiple businesses, a business
that occupies more than one unit may have more than one
fascia sign, subject to the approval of the town's Planning
Advisory Committee.
Location
Fascia signs may be permitted above the floor of the second
storey, subject to the approval of the town's Planning
Advisory Committee.
Sign Area
a) A fascia sign's area shall be limited to 15% of the area of
the building façade, or 15% of the area of each individual
unit's façade where a building contains more than one
business.
b) In no case shall a fascia sign have an area greater than
47 m2.
c) A fascia sign shall not have a width that is greater than
75% of the width of the building façade, or 75% of the
width of an individual unit's façade where a building
contains more than one business.
Illumination
Illuminated signage may be permitted on facades that front
residential properties, if in the opinion of the Development
Officer the illumination will not be a nuisance to residents.
Page 14
12.3 - Awning Signs
Awning signs that are placed or printed on the exterior surface of an awning are used to identify
the location or entrance of an organization or business. Although awnings may be integral to the
design of a building, awning signs are a form of advertising and are regulated to ensure that they
remain tasteful and attractive and are not overly large for the awning or building on which they
are placed.
Number Permitted
Only one awning sign is permitted per building, subject to
Schedule A, except:
a) where a building contains more than one business each
business is permitted one awning sign; or
b) where a business fronts two public streets the business is
permitted one awning sign facing each street frontage.
Location
Awning signs shall be attached to, painted on or placed
upon a canopy or awning and located on the exterior front
face of the awning or canopy.
Sign Area
a) An awning's area, as measured on a drawing of the
elevation or vertical plane of an awning, shall be limited to
15% of the area of the building façade, or 15% of the area
of each individual unit's façade where a building contains
more than one business.
b) The maximum sign area to be placed on an awning is
40% of the area of the awning or canopy, as measured on a
drawing of the elevation or vertical plane of an awning.
c) An awning sign shall not have a width that is greater
than 75% of the width of the building façade, or 75% of the
width of an individual unit's façade where a building
contains more than one business.
Projection
An awning or awning sign shall not project horizontally
more than 2 metres from the building face to which it is
attached.
Clearance
Awning signs shall not be located over a pedestrian
walkway unless the lowest part of the awning, canopy or
sign structure is at least 2.75 metres above the pedestrian
walkway.
Insurance
Awning signs shall not be located over a public sidewalk
unless prior approval has been granted by Council and
proof of insurance naming the town as coinsured has been
provided to the town.
Page 15
12.4 - Under-Awning Signs
Under-awning signs hang from the underside of an awning or canopy to indicate to passing
pedestrians the exact location of a unit. Since these signs are not used to attract passing
automobile traffic they can be quite small.
Number Permitted
Only one under-awning sign is permitted per building,
except where a building contains more than one business
each business is permitted one under-awning sign, subject to
Schedule A.
Location
An under-awning sign shall not project beyond the front
edge of the awning or below a height of 2.5 metres above
grade.
Sign Area
An under-awning sign shall:
a) Be limited to a maximum of 0.3 m in height.
b) Not have a length in excess of more than 60% of the
length of the awning or canopy.
12.5 - Construction Site Signs
Construction site signs are used to identify a construction project, along with its developer,
contractor, sub-trades, architects and engineers. Signs are permitted only on the property under
construction, while the construction is taking place.
Number Permitted
No more than 2 construction site signs, as defined in this
By-law, shall be placed on a property under construction
subject to Schedule A. A construction trailer bearing
multiple permanent, painted construction signs will be
counted as one construction sign.
Location
a) A construction site sign may be erected onsite as a
temporary free standing sign, placed on the building or on
fencing, or placed on a construction trailer located on the
construction site.
b) No construction site sign shall be placed within 2 metres
of a property line.
c) Construction site signs shall not be placed within the
sight triangle.
Sign Height
a) The maximum height of the sign shall be limited to 1.5
metres.
Sign Area
A construction site sign shall be limited to a maximum area
of 3.0 m2.
Removal
An occupancy permit shall not be issued by the town until
all construction site signs have been removed.
Page 16
12.6 - Flags
Flags are cloth signs that are used to identify a business or organization, or advertise an event or
sale. Flags are regulated to ensure they are not a nuisance or danger to passing traffic or
pedestrians and have sufficient clearance from other structures or utilities.
Number Permitted
Only one flag is permitted per business, subject to Schedule A.
Location
The location of a flag, including the supporting system,
shall be entirely on private property and shall not interfere
with fire escapes, vehicular and pedestrian traffic, utilities
or public works, subject to Development Officer approval.
Flags shall not be placed within the sight triangle.
Clearance
A flag shall have a minimum clearance of 2.75 metres
above grade.
Interpretation
Nothing in this By-law shall be interpreted to regulate the
display of flags representing a country, province or territory
of Canada or a municipal corporation.
12.7 - Projecting Signs
Projecting signs are flat, two sided signs that extend outwards from a building's wall. They are
placed high on the façade so pedestrians or vehicles can pass under them, and are therefore
visible to potential customers travelling in both directions on the road where a business is located.
Regulations for projecting signs ensure they are sized appropriately for the building on which
they are placed and are placed high enough not to be a danger to passing traffic.
Number Permitted
Only one projecting sign per business shall be permitted,
subject to Schedule A
Location
A projecting sign may be located on the front face of a
business.
Sign Placement
a) A projecting sign shall be placed a minimum of 2.75
metres above grade.
b) A projecting sign shall not extend above the roofline or
top of the second storey.
Sign Area
The sign area of a projecting sign is limited to a maximum
area of 1.5 m2 per side.
Illumination
Illuminated signage may be permitted on facades that front
residential properties, if in the opinion of the development
officer the illumination will not be a nuisance to residents.
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12.8 - Real Estate Signs
Real estate signs are temporary signs that advertise a property for sale or for lease. They are
regulated to ensure that excessive numbers, or overly large real estate signs, do not create visual
clutter and reduce the attractiveness of the town.
Number Permitted
One real estate sign may be placed or erected on a private
property offered for sale.
Location
A real estate sign may be placed or erected only on the
property that it is advertising as for sale.
Real estate signs shall not be placed within the sight triangle.
Sign Height
The top of a real estate sign shall not exceed a height of 2
metres from grade.
Sign Area
A real estate sign shall be limited to a maximum sign area
of:
a) 1m2 per side in a residential zone.
b) 3m2 per side in any zone that is not a residential zone.
c) 8 m2 per side on a lot that fronts the MacKay Highway,
only for signs that face the Highway and that are placed
within 50 metres of the Highway. Department of
Transportation approval shall be required for signs in the
Highway Right of Way.
Illumination
Real estate signs shall not be illuminated.
12.9 - Open House Signs
Open house signs are permitted to temporarily advertise the time and location of an open house.
They are regulated to control the number of open house signs and ensure the signs are not
displayed for an extended period of time.
Number Permitted
No more than 3 open house signs shall be placed for each
open house.
Location
Open house signs may only be placed on private property
with permission of the property owner.
Display
Open house signs shall not be erected more than 1 hour
before the open house begins.
Removal
Open house signs shall be removed within 1 hour after the
open house has concluded.
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12.10 - Subdivision Signs
Subdivision signs are large, temporary signs placed in a subdivision under development to
indicate that building lots are for sale and to provide information on the layout of streets and lots
within the subdivision. They are regulated to ensure the signs are setback appropriately from
other properties and are only placed on property where multiple lots are for sale.
Number Permitted
No more than one subdivision sign may be erected, located
or displayed within a subdivision where three lots or more
are being offered for sale.
Location
Subdivision signs shall:
a) not be erected, located, or displayed within 2.0 metres of
any property line
b) not be located within the sight triangle.
c) only be erected, located, or displayed on vacant lots.
Sign Height
Subdivision signs shall not exceed 3 metres in height from
grade.
Sign Area
Subdivision signs shall not exceed a maximum sign area of
4.0 m2.
Display
Subdivision signs shall only be permitted to be erected,
located, or displayed after a subdivision plan has been
approved by Council.
Removal
Subdivision signs shall be removed within 14 days of when
50% of the houses in the subdivision are under
construction.
12.11 - Window Signs
Window signs are permitted, provided they do not occupy an excessive window area, blocking
the view in and out of a business.
Number Permitted
The number of window signs is not restricted.
Location
A window sign shall be placed on the interior of the
building and shall be limited to windows located on the
first and second storey of the building.
Sign Area
Total window signage shall not occupy more than 25
percent of the area of the window in which it is placed.
Illumination
Signs may be illuminated by internal lighting and neon tubes.
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12.12 - Banner Signs
Banner signs are temporary signs that are intended to announce special events such as sales or grand
openings. The amount of time that businesses can display banners is restricted to limit the number
of banners in town at one time, which reduces the amount of visual clutter and helps protect the
attractiveness of the community. Permits must be obtained every time a banner is displayed;
however, displaying a banner multiple times can be approved in advance through one application.
Number Permitted
Not more than 1 banner sign per property is permitted at
any one time, subject to Schedule A
Location
Banners signs shall:
a) Not be erected in locations that impede pedestrian and
vehicle movement, accessibility or visibility.
b) Not be placed in the sight triangle.
Banner Size
Banners signs shall:
a) Not exceed 6 m2 in area.
b) Not have a length that is greater than 75% of the width
of the building façade on which the banner is placed.
Display
Banner signs shall not be displayed for more than 14
consecutive days, and for no more than one 14 day period
per month.
Permits
A permit must be obtained to display a banner sign.
12.13 - Sandwich Board Signs
Sandwich board signs are portable, two sided signs that are displayed outside the entrance to a
business, indicating the exact location of the businesses entrance. They are small and easily
moved by one person. Regulations for sandwich board signs ensure they are not located in areas
that are a nuisance to pedestrians or vehicles or displayed at night.
Number Permitted
One sandwich board sign shall be permitted for each
business, subject to Schedule A.
Location
a) Sandwich board signs shall be displayed on the private
property of the business to which they pertain.
b) Sandwich board signs shall be displayed within 3 metres
of the front entrance of the business to which it pertains.
c) Sandwich board signs shall not be located so as to be a
nuisance or to restrict pedestrian or vehicular movement.
d) Sandwich board signs shall not be located in any
required parking area or required landscaped area.
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e) Sandwich board signs shall not be located within the
sight triangle.
Sign Area
Sandwich board signs shall not exceed:
a) 1 metre in height; or
b) 0.5 metres in width.
Display
Sandwich board signs shall only be displayed during the
hours of operation of the business to which it pertains.
Illumination
Sandwich board signs shall not be illuminated.
Electronics
Sandwich board signs shall not contain any electronic
components.
12.14 - Incidental Signs
Incidental signs provide information and directions, such as parking instructions, to the
public, as apposed to advertising.
Number Permitted
The number of incidental signs is restricted to 5 signs per
property.
Location
Incidental signs shall not be located within 2 metres of any
property line.
Sign Area
An incidental sign shall be limited to a maximum sign area of
0.25 m2 in area per side.
Illumination
Incidental signs shall not be illuminated.
12.15 - Political Signs Consolidation 9 July 2012(insertion)
Political signs refer to signs that pertain only to an election of a representative of the
eligible voters in Rothesay to the District Education Council, Regional Health Authority,
Rothesay Town Council, Provincial Government or Federal Government.
Location
Political signs shall:
c) Not be erected in locations that impede pedestrian and
vehicle movement, accessibility or visibility.
d) Not be erected on the Rothesay Common or other Town-
owned facilities or park areas.
Size
Political signs shall:
c) Not exceed 3m2 in area.
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Display
Political signs shall:
a) Not be displayed before a Provincial or Federal election is
officially called or before the end of the nomination period
of local government elections.
b) be removed within three (3) days after the election.
Permits
A permit is not required.
13 - SPECIAL PROVISIONS
Special Area Zone
13.1
All signs proposed within the Special Area Zone shall be constructed of wood or
like material and designed in a manner compatible with the character of the area.
13.2
Signs in the Special Area Zone may be illuminated by external illumination only.
13.3
All signs within the Heritage Area as defined by By-law No. 1-07 require
approval by the Heritage Preservation Review Board prior to issuance of a Sign
License by the Development Officer.
Community Event Signs
13.4
The town will construct, maintain and operate community event signs
throughout Rothesay, which will display special event information and
advertisements on behalf of community groups and organizations.
14 - FEES AND CHARGES
The following license fees shall be paid before a sign license is issued:
14.1
Fifty dollars ($50) for each sign requiring a license to a maximum fee of $150 per
application;
14.2
Where a sign installation has commenced prior to the issuance of a sign license
required under this By-law, an additional service charge equal to the license fee
shall be levied.
14.3
Where a sign licence has been revoked for any of the reasons included in Sections
5 (a) - (c) of this bylaw an additional service charge equal to the licence fee shall
be levied prior to the issuance of a second sign licence.
14.4
The fees described above allow for one review of plans or field inspection to the
initial sign application. Where additional reviews of structural drawings or field
inspections is required to complete the final approval as may be determined by
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the Development Officer, an additional fee per inspection equal to the original
license fee shall be charged.
15 - ENFORCEMENT
A Police Officer, the Development Officer and/or By-law Compliance Officer are empowered to
enforce this By-law, and may order any person:
15.1
to discontinue or refrain from proceeding with any work or doing anything that is in
contravention of this By-law;
15.2
to carry out any work or do anything to bring a sign into conformity with this By-law; or
15.3
to repair, alter or remove any sign as provided in this By-law.
16 - PENALTIES
A person who contravenes any of the provisions of this By-law; or causes or suffers or permits any
act or thing to be done in contravention of or in violation of any of the provisions of this By-law, or
neglects or refrains from doing anything required to be done by any of the provision of this By-law;
or fails to comply with an order or demand made pursuant to this By-law; commits an offence
punishable under Part 2 of the Provincial Offences Procedure Act as a Category B offence and shall
be fined not less than $70 and not more than $1000.
Each day such offence continues shall be deemed to constitute a separate offence.
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17 - REPEAL AND ENACTMENT
The following By-Laws are hereby repealed:
By-Law No. 3-04: A By-Law Respecting Signage in Rothesay, enacted by Rothesay Council
on 8 March 2004.
FIRST READING BY TITLE:
14 June 2010__
SECOND READING BY TITLE:
14 June 2010
READ BY SECTION NUMBER:
______12 July 2010_____
(Advertised as to content on the Rothesay
website in accordance with Municipalities Act
R.S.N.B. (1973) Chapter M-22)
15 June 2010
THIRD READING AND ENACTMENT:
_______12 July 2010_______
CONSOLIDATION with By-law 3-10-1
9 July 2012
CONSOLIDATION with By-law 3-10-2
13 January 2014
__________________________________
___________________________________
William J. Bishop, Mayor
Mary Jane E. Banks, Clerk
Page 24
SCHEDULE A - NUMBER OF SIGNS PERMITTED
Schedule A regulates the number of signs permitted per business and per property. Schedule A
should be read in conjunction with the relevant sign standards found throughout this By-law.
COMMERCIAL ZONES
One of the following per business:
Fascia Sign,
Awning Sign,
Under Awning Sign, or
Projecting Sign
One of each per business:
Flag, and
Sandwich Board
One of each per property:
Construction Site Sign,
Freestanding Sign,
Real Estate Sign, and
Banner Sign
MILLENIUM PARK ZONE
One of the following per business:
Fascia Sign,
Awning Sign,
Under Awning Sign, or
Projecting Sign
One of each per property:
Construction Site Sign,
Freestanding Sign,
Real Estate Sign, and
Banner Sign
INSTITUTIONAL ZONE
One of the following per business:
Fascia Sign or
Awning Sign
One of each per property:
Construction Site Sign,
Freestanding Sign, and
Real Estate Sign
RECREATIONAL ZONE
One of the following per business:
Fascia Sign,
Awning Sign, or
Under Awning Sign
One of each per business:
Flag, and
Sandwich Board
One of each per property:
Construction Site Sign,
Freestanding Sign,
Real Estate Sign, and
Banner Sign
INDUSTRIAL ZONE
One of the following per business:
Fascia Sign,
Awning Sign, or
Under Awning Sign
One of each per property:
Construction Site Sign,
Freestanding Sign, and
Real Estate Sign
SPECIAL AREA
One of the following per
business:
Fascia Sign,
Awning Sign,
Under Awning Sign, or
Projecting Sign
One of each per
business:
Flag, and
Sandwich Board
One of each per property:
Construction Site Sign,
Freestanding Sign,
Real Estate Sign, and
Banner Sign
Page 25
ATTACHMENT B
BY-LAW No. 3-10
A BY-LAW RESPECTING SIGNAGE IN ROTHESAY
Schedule B - Fee Schedule
Unless otherwise specifically exempted from the application requirements as per Section 7 of this
By-law the following fees shall apply.
Item
Fee ($)
Sign license within the Millennium Park Zone, any Commercial,
$50
Institutional, Recreational, Industrial, or Special Area Zone
Sign license application made by and on behalf of a
No Fee
Not For Profit Organization or Community Group
Variance Applications:
An application to the Rothesay Planning Advisory Committee
$250
to vary the requirement(s) of this By-law.
An application made by and on behalf of a
No Fee
Not For Profit Organization or Community Group to the
Rothesay Planning Advisory Committee
to vary the requirement(s) of this By-law.
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