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unofficial consolidation, the official version is held by the municipal clerk.
This is an office consolidation of By-Law No. 121-08 and amendments thereto.
For accurate reference you should consult the original by-laws that are retained
by the Clerk.
ALSO SEE BY-LAW 156-08 permitting Apple Fest Signage
BY-LAW NUMBER 121-08 (As amended by By-Law 193-08)
(As amended by By-Law 186-09)
(As amended by By-Law 207-13)
(As amended by By-law 135-16)
(As amended by By-Law 162-16)
(As amended by By-Law 164-16)
(As amended by By-Law 37-18)
(As amended by By-law 81-18)
(As amended by By-Law 28-19)
(As amended by By-Law 66-19)
(As amended by By-law 67-19)
(As amended by By-Law 78-19)
(As amended by By-law 60-25)
- of -
THE CORPORATION OF THE COUNTY OF BRANT
To Prohibit and Regulate Signs and other Advertising Devices
WHEREAS pursuant to Section 10 (2) of the Municipal Act, 2001 S.O. c. 25, a
single-tier municipality may pass by-laws respecting structures, including fences and
signs;
AND WHEREAS the County wishes to regulate signs within the County of Brant;
NOW THEREFORE the Council of The Corporation of the County of Brant enacts
the following:
1. DEFINITIONS
The following words shall have the following meanings in this by-law:
1.1 "abandoned sign" means a sign, other than a billboard sign, located on
property which becomes vacant and unoccupied for a period of ninety
(90) days or more, or any sign which pertains to a time, event or purpose
which no longer applies;
1.2 "address sign" means a fascia or ground sign on which the copy is limited
to the name and address of a place, building, business, organization,
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By-law Number 121-08
person, or occupancy of the premises it identifies, but does not include
the civic address post and plates provided by the County as defined in
By-law 42-00;
1.3 "advertising device" means any device or object erected or located so as
to attract public attention to any goods or services or facilities or events.
1.4 "agricultural operation" means an agricultural, horticultural or silvicultural
operation.
1.5 "alter" means any change to the sign structure or the sign face with the
exception of the repair and maintenance of a sign, and a change in sign
copy.
1.6 "awning" means a structure, moveable or fixed, covered with fabric or
like material attached and projecting from a building or structure, but not
forming an integral part thereof and includes a canopy;
1.7 "awning sign" means a fascia sign with copy painted or affixed flat to the
surface of an awning which does not extend vertically or horizontally
beyond the limits of such awning;
1.8 "banner" means a sign or advertising device made from cloth, plastic or
a similar lightweight non-rigid material;
1.9 "billboard sign" means an outdoor sign that advertises goods, products,
or services that are not sold or offered on the property where the sign is
located, and is either single faced or double faced;
1.10 "boulevard" means the grassed area within a street;
1.11 "Committee" means the Committee of Adjustment with respect to an
application for a variance to the Sign By-law and means Planning
Advisory Committee with respect to an application for an amendment
to the Sign By-law;
1.12 "construction site sign" means a sign which identifies or provides
information relating to or advertising the development or the
construction of a building on the property, or identifies the contractor
undertaking maintenance or repairs on the property on which the sign
is erected;
1.13 "copy" means the graphic content of a sign surface in either permanent
or removable letter, pictorial, symbolic, or numeric form;
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By-law Number 121-08
1.14 "Council" means the Council of the Corporation of the County of Brant;
1.15 "County" means The Corporation of the County of Brant;
1.16 "Development sign" means a sign erected on a property where a
development proposal has been formally made to the County and
which provides information about the developer, the proposed uses
and the anticipated completion date, but excludes signs contemplated
under a development agreement;
1.17 "Director" means the Director of Development Services of the County
or his designate;
1.18 "election sign" means a sign advertising or promoting the election of a
political party or a candidate for public office in a federal, provincial,
municipal election, or school board election or by-election or a sign
regarding an authorized question on a ballot;
1.19 "electronic message display" means that part of a ground sign which
is electronically controlled and which displays information at a
prearranged sequence, and on which the intensity of illumination is
maintained at a constant level but does not include a sign which
displays a video-like moving image.
1.20 "existing sign" means an advertising device that was lawfully erected
or displayed on the day this by-law comes into force and which is not
substantially altered. For the purpose of this by-law maintenance and
repair or a change in the message or contents does not
constitute substantial alteration;
1.21 "farm produce directional sign" means a sign not permanently installed
or affixed to the ground advertising the sale of farm products, that are
both produced and sold by the owner or operator of the agricultural
operation, on the premises of the agricultural operation but does not
include a billboard sign, fascia sign, ground sign, inflatable sign,
portable sign, projecting sign or sandwich board sign.
1.22 "farm product" means animals, meats, eggs, poultry, wool, dairy
products, grains, seeds, fruit or fruit products, vegetables, vegetable
products, maple products, honey, wood, nursery stock, or greenhouse
crops.
1.23 "fascia sign" means a sign attached to, marked or inscribed on, erected
or placed against a wall forming part of a building, or supported by or
through a wall of a building and having the exposed face thereof on a
plane approximately parallel to the plane of such wall and includes a
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By-law Number 121-08
painted wall sign and an awning sign. A fascia sign shall not include
any other sign defined in this by-law unless otherwise stated;
1.24 "frontage" means the length of the property line of any one property
parallel to and along each legally accessible public street;
1.25 "grade" means the average surface elevation of the finished ground
where said ground is in contact with any building, sign or other
structure;
1.26 "ground sign" means a sign directly supported by the ground without
the aid of any other building or structure, which sign includes the
names of owner(s) and/or tenant(s) and address and/or advertises
goods, products, services or events that are sold, offered, or provided
on the premises on which the sign is located;
1.27 "height" means the vertical distance measured from the average
elevation of the finished grade immediately below a sign to the highest
point of the sign and includes any support structure;
1.28 "home occupation identification sign" means a ground sign, fascia sign,
or sandwich board sign advertising a home occupation as defined in
the County Zoning By-law, and for greater clarity does not include a
portable sign;
1.29 "incidental sign" means a sign not otherwise defined in this by-law and
may include but not be limited to, trespassing, safety or other warning
sign, flags, on premise signs containing an informational message that
has a purpose incidentally related to the use or occupancy of the
premises or is intended to assist the public with respect to the location
of business facilities or provides courtesy or directive information, but
is not an advertisement;
1.30 "inflatable sign" means a sign or advertising device designed to be
airborne and tethered to the ground, a vehicle or any other structure
and shall include balloons and any other inflatable advertising device;
1.31 "menu board sign" means a sign erected as part of a drive-through
facility and used to display and order products and services available
in association with a drive-through business;
1.32 "new home development sign" means a sign which is not permanently
installed or affixed to the ground and where the purpose of the sign is
to direct attention to the sale of new homes;
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By-law Number 121-08
1.33 "official sign" means a sign required by or erected under any statute or
by-law or other directive of any federal, provincial or municipal
government or agency thereof or any board or municipal service board
or conservation authority and shall include but not be limited to, a
permanent sign erected on a public road allowance to inform the public
of the location of business improvement areas, public buildings,
hospitals, public libraries, institutions, places of worship, parks,
recreational or educational facilities, trailblazer signs, public transit
shelter advertising, or advertising on furniture and fixtures; but shall
not include banners;
1.34 "open house directional sign" means a temporary sign intended to
direct traffic to a residence for sale or lease and where an open house
is being conducted, but shall not include a new home development
sign or a portable sign;
1.35 "overhanging sign" means any type of sign attached to a building or
structure which projects over a road allowance, but does not include
signs permitted pursuant to Section 4.6 or to a banner approved by
Council pursuant to Section 4.4(b);
1.36 "owner" means the registered owner of the property or premises, or
the person or the person's authorized agent in lawful control of a
premises, building, occupancy, sign or other structure;
1.37 "painted wall sign" means any sign painted, applied as paint, or film or
any other covering applied directly to any outside wall or other integral
part of a building without the use of independent supports or frames;
1.38 "person" means an individual, business, firm, corporation, association
or partnership and includes the owner or lessee of a sign, or his agent,
the person having the use or major benefit of the sign and the
registered owner of the property upon which the sign is situated, and
with respect to a corporation includes a Director or officer of the
corporation who knowingly concurs;
1.39 "portable sign" means a sign not permanently affixed to the ground and
designed in such a manner as to be capable of being moved from place
to place, and which is constructed so that the message or copy can be
changed by manual, electronic or electro-mechanical means but does
not include a sandwich board sign, election sign, real estate sign, new
home development sign, open house directional sign, or construction
site sign;
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By-law Number 121-08
1.40 "premises" means a property or in the case of a property with multiple
ownership or tenancy, premises means a single unit of ownership or
tenancy on the property;
1.41 "projecting sign" means a sign attached to a building and projecting out
horizontally from a building at a right angle to the building;
1.42 "property" means a parcel of land having specific boundaries which is
capable of legal transfer;
1.43 "property line" means any boundary of a property or the vertical
projection thereof;
1.44 "real estate sign" means a temporary sign installed, erected or
displayed on a property for the notification that a building, premises or
portion thereof on the same property is offered for sale, rent or lease;
1.45 "roof sign" means a sign supported entirely or partly by the roof of a
building or structure and which sign projects above the roof;
1.46 "sandwich board sign" means a free standing sign erected on but not
permanently anchored in the ground. Without limiting the generality of
the foregoing, this definition shall include signs commonly referred to
as A-frame, T-frame, but shall not mean or include any other sign
defined in this by-law;
1.47 "sight triangle" means a sight triangle as defined in the TAC Geometric
Design Guide for Canadian Roads as amended from time to time;
1.48 "sign" means any surface, structure and other component parts, which
are used or capable of being used as a visual medium to attract
attention to a specific subject matter for identification, information or
advertising purposes and includes an advertising device or notice and
includes the sign structure, but does not include signs stored on the
business premises of a sign manufacturer or contractor not being
utilized as an advertising device;
1.49 "sign face" means that portion of a sign, excluding the sign structure,
upon which, as part of, against or through which the message of the
sign is displayed;
1.50 "sign structure" means anything used to support or brace a sign face
and which is attached to the ground or a building or structure;
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By-law Number 121-08
1.51 "street" means a public highway or public road under the jurisdiction of
either the County or the Province of Ontario, and includes any highway
as defined in the Municipal Act, 2001 but does not include a private
right-of-way;
1.52 "street line" means the limit of the street allowance and is the dividing
line between a property and a street;
1.53 "unsafe" when used with respect to a sign or sign structure means a
condition which is structurally inadequate or faulty, or could be
hazardous to a pedestrian or motorist;
1.54 "video sign" means a sign which displays a video-like moving image,
but does not include an electronic message display;
1.55 "zone" means a designated area of land use as shown in the County's
Zoning By-law.
2. ADMINISTRATION
2.1
The Director shall be responsible for the administration of this by-law.
2.2
This by-law applies to all property in the County of Brant.
2.3
This by-law does not apply to Official signs.
3. INTERPRETATION
3.1
Words importing the singular number or the masculine gender only include
more persons, parties or things of the same kind than one, and females as
well as males and the converse.
3.2
A word interpreted in the singular number has a corresponding meaning
when used in the plural.
3.3
All words have their customary meaning, except these words specifically
defined in Section 1 of this by-law.
3.4
The interpretation of the zoning by-law and the determination of the zone
shall be made by the Director.
3.5
The requirements of the by-law are provided in metric units.
3.6
All measurements used in the by-law are subject to the normal rules of
rounding numbers.
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By-law Number 121-08
3.7
Where a distance is used in this by-law, as part of a sign location regulation,
such distance shall be measured, in a straight horizontal line parallel to the
ground; and
(a)
where the specified distance is referenced from an intersection, shall
be measured from the projection of the closest curb line of the
intersecting highway, to the nearest part of said sign; and
(b)
where the specified distance is referenced from a street line, property
line, or other sign, object, structure or property, shall be measured
from the nearest part of the said reference to the nearest part of any
sign, in all directions.
3.8
Generic references to all by-laws, statutes and regulations are to be to the
current edition as amended from time to time.
3.9
Schedule A, attached to this by-law forms part of this by-law.
4. GENERAL PROVISIONS
4.1
Except for an official sign or a sign otherwise permitted in this by-law or
authorized by the County, no person shall erect or display, or permit the
erection or display of a sign on, over, partly on or partly over a street.
4.2
Nothing in this by-law shall serve to permit any sign on a provincial highway
or on a property that is fronting a provincial highway except subject to
Ministry of Transportation requirements.
4.3
Where a sign is allowed on a boulevard as indicated in Schedule A to this
by-law, no person shall erect, display or alter any sign or permit the erection,
display or altering of any sign, except in accordance with the regulations as
outlined in Schedule A.
4.4
No person shall erect, display or permit the erection or display of the
following signs:
(a)
An abandoned sign;
(b)
Any banner except a banner located within a public road allowance
as approved by Council, erected for a maximum of two (2) occasions
per calendar year for a maximum of 14 days per occasion subject to
the requirements for fascia signs in Schedule A;
(c)
A flashing or animated or video sign;
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By-law Number 121-08
(d)
Any sign with an electronic message display, without first receiving
written confirmation from County staff indicating that there are no
concerns that the proposed sign will obstruct or detract from the
visibility or effectiveness of any traffic sign or signal.
(e)
A roof sign
(f)
A billboard sign unless permitted by Section 6 of this by-law;
(g)
A sign located so as to obstruct the view of any pedestrian or motor
vehicle driver so as to cause an unsafe condition;
(h)
A sign attached to, interfering with or obstructing the view of an
authorized traffic sign, traffic signal, or official sign; or any sign
capable of being confused with such a traffic sign, traffic signal or
official sign;
(i)
A sign located within a sight triangle;
(j)
An illuminated sign in any zone other than an Institutional, a
Commercial, or an Industrial zone, except an illuminated address
sign is permitted in any zone;
(k)
An illuminated sign that directs light into a Residential, or
Agricultural zone;
(l)
A sign on a vehicle or trailer where the vehicle or trailer is used
primarily as a sign and not as a vehicle or trailer;
(m)
A sign supported by a tree, a bush or a shrub;
(n)
A sign located within a required parking space as defined in the
County Zoning By-law;
(o)
A sign which conveys offensive, libelous or obscene words or images
or a message than contravenes any law of Canada or Ontario;
(p)
A sign which obstructs openings required for light, ventilation,
ingress, egress or firefighting;
(q)
A sign on a concrete or masonry noise attenuation wall;
(r)
A sign where it constitutes a danger or hazard to the general public;
(s)
A sign on any property without the owner's permission.
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By-law Number 121-08
(t)
An overhanging sign, except where the sign does not extend more
than 30cm from the building face and is authorized by a permit
pursuant to Section 5.
4.5
No person shall erect, display, alter or permit the erection, display, or
alteration of a sign in a location, which may interfere with or damage any
above or below ground municipal or utility services, which have been
lawfully placed at the location.
4.6
Except for a banner authorized by the County, no person shall attach or
permit the attachment of a sign to any pole, post, lamp post or other support
standard upon a street, except in accordance with Section S of Schedule A.
For the purpose of this section, the individual, organization, business entity,
or the business owner or property owner at the location that is the subject
of the advertisement, shall be deemed to have permitted the attachment of
the sign.
4.7
Where a sign is erected pursuant to a development agreement, no person
shall fail to maintain, or permit the failure to maintain the sign, erect, display
or alter or permit the sign to be erected, displayed or altered except in
accordance with the agreement.
4.8
Relief from certain provisions of this By-law may be granted for a film
project carried on in accordance with an approved and valid Film Permit or
Film Location Agreement issued under the County of Brant Film Policy
5. PERMITS
5.1
Overhanging signs that do not extend more than 30 cm from the building
face may be erected or altered in accordance with a permit issued pursuant
to this Section.
5.2
The application for an overhanging sign permit shall include the following:
(a)
A site plan showing the street line and other boundaries of the
property upon which it is proposed to erect or alter said sign, the
proposed location of the sign in relation to other existing signs or
structure and any other information that may be required. The
Director may require such plans and information be certified by
registered Ontario Land Surveyor.
(b)
A copy of the complete working drawing and specifications to cover
the construction and/or alteration of the sign, including any
supporting framework. Sufficient data to determine that the building
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By-law Number 121-08
or structure can safely carry additional loads and stresses imposed
by the erection or alteration of said sign. Drawing must include a
description of the advertising and if the sign is to be illuminated, the
means by which this is to be accomplished. The Director may require
that said drawing bear the stamp of a register professional engineer.
(c)
Proof of Public Liability insurance in the amount of $2,000,000.
5.3
A permit issued pursuant to Section 5.1 shall be valid for a period of six (6)
months from the date of issue and shall remain valid provided the work
covered by the permit is commenced before the expiry of the six (6) month
period and so long as the work is carried on at a reasonable rate to
completion.
5.4
A permit is renewable once without the need to resubmit the documents
referred to in Section 5.2 or any further fee, provided a written request for
renewal is submitted before the expiry of the six (6) month period and
provided such permit would still be assumable.
5.5
A permit shall not be issued for any overhanging sign which does not comply
with the Building Code Act, 1992 or the regulations for its specific sign type
as set out in Schedule A.
5.6
Notwithstanding Section 5.1, above nothing in this by-law diminishes or
relieves a person from the obligation to obtain any other permit that may be
required, under any other law, such as, but not limited to;
(a)
A permit issued by the County under any by-law to allow any sign
on or over any part of a street under the jurisdiction of the County;
(b)
A permit required by the Ministry of Transportation under sections
34 or 38 of the Public Transportation and Highway Improvement
Act;
(c)
A permit required by a conservation authority under section 28 of
the Conservation Authorities Act;
(d)
A permit required by the County under section 8(1) of the Building
Code Act, 1992.
5.7
Where pursuant to Section 5.1, an overhanging sign is permitted, no person
shall erect or alter or permit the erection or altering of an overhanging sign
without a permit.
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By-law Number 121-08
5.8
Where a permit for an overhanging sign has been issued, no person shall
erect or alter or permit the erection, or altering of an overhanging sign that
is not in accordance with the permit.
6. SIGNS - ZONE RESTRICTIONS
6.1
Except as otherwise restricted or prohibited by this by-law and subject to the
regulations in Schedule A, the class of sign allowed by this by-law on any
property shall be determined by the applicable zone of the property. For the
purpose of this section, any community centre or recreation centre operated
by the County, or any school or place of worship in an Agricultural zone or
a Residential zone may erect signs as if the property was in an Institutional
zone.
6.2
No person shall erect, display or alter or permit the erection, display or
alteration of a sign on a property, unless the class of sign is permitted within
the applicable zone of the property as indicated in section 6.3 to 6.7,
inclusive.
6.3
Signs allowed in all zones:
(a)
address sign
(b)
any sign required to be erected to fulfill a requirement of the Planning
Act or any other statutory requirement
(c)
construction site sign
(d)
development sign
(e)
election sign
(f)
farm produce directional sign
(g)
incidental sign
(h)
new home development sign
(i)
open house directional sign
(j)
real estate sign
(k)
sandwich board sign
6.4
Signs allowed in Agricultural zones:
(a)
billboard sign that abuts a provincial highway
(b)
fascia sign
(c)
ground sign
(d)
home occupation identification sign
(e)
portable sign
6.5
Signs allowed in Residential zones, except Residential Mobile Home Park
and Residential Trailer Park zones:
(a)
home occupation identification sign
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By-law Number 121-08
6.6
Signs allowed in Commercial and Industrial zones:
(a)
fascia sign
(b)
ground sign
(c)
inflatable sign
(d)
menu board sign
(e)
portable sign
(f)
projecting sign
6.7
Signs allowed in Institutional, Recreational, Environmental Protection,
Residential Mobile Home Park and Residential Trailer Park zones:
(a)
fascia sign
(b)
ground sign
(c)
portable sign
6.8
Despite section 6.1 and 6.2, billboard signs are permitted on lands
designated as Commercial, Employment or Industrial in the County's
Official Plan, provided the property fronts on an arterial or collector road as
designated in the County Official Plan and subject to the regulations in
Schedule A."
6.9
No person shall erect, display or alter or permit the erection, display, or
alteration of a billboard sign on a property, except as permitted by section
6.4 or 6.8 of this by-law.
7. REGULATIONS FOR CLASSES OF SIGNS
7.1
Where a sign is allowed in a zone as indicated in Section 6 of this by-law,
no person shall erect, display, or alter or permit the erection, display or
altering of any sign, except in accordance with the regulations as outlined in
Schedule A.
8. PENALTIES AND ENFORCEMENT
8.1
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is subject to the penalty provisions of the
Provincial Offences Act.
8.2
Pursuant to section 436 of the Municipal Act, 2001, the County has the
authority to enter onto property at any reasonable time for the purpose of
carrying out an inspection to determine whether or not this by-law is being
complied with. In addition, the County may require the production for
inspection of documents relevant to the inspection, and upon providing a
receipt may remove documents for the purpose of making copies, may
require information from any person concerning a matter related to the
inspection, and alone or in conjunction with a person possessing special or
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By-law Number 121-08
expert knowledge, make examinations, and take tests, samples or
photographs for the purpose of the inspection.
8.3
Pursuant to section 444 of the Municipal Act, 2001, where the County is
satisfied that a contravention of the by-law has occurred, the County may
make an order to discontinue the contravening activity. The order shall set
out the reasonable particulars of the contravention, the location of the
property, the date by which compliance is required and may require the
removal of any sign erected in contravention of the by-law.
8.4
No person shall contravene an order issued under section 8.3 of this bylaw.
8.5
Pursuant to section 446 of the Municipal Act, 2001, where a person is
directed or required to do a matter or thing to come into compliance with this
by-law, in default of it being done by the person so directed or required, the
County may do the matter or thing at the person's expense, may enter onto
property at any reasonable time to do so, and may recover the cost by action
or by adding the cost to the tax roll and collecting them in the same manner
as taxes. The amount of the costs including interest constitutes a lien on
the property upon the registration in the proper registry office of a notice of
lien.
8.6
Pursuant to section 63 of the Municipal Act, 2001, where a sign is erected
or displayed on or near a highway, it may be removed, impounded or
restrained, and immobilized and for that purpose the County may enter upon
property at any reasonable time, without notice, and applies with necessary
modifications.
8.7
Pursuant to section 99 of the Municipal Act, 2001, and subsection 170(15)
of the Highway Traffic Act, all costs for the removal, care, and storage of a
sign erected or displayed in contravention of this by-law is a lien on the sign
that may be enforced under the Repair and Storage Liens Act. All
costs and charges incurred for disposing of a sign may be recovered by the
County as a debt owed by the owner of the sign.
8.8
Pursuant to section 4 of the Repair and Storage Liens Act, any sign removed
pursuant to this by-law shall be stored by the County or an independent
contractor. The storer has a lien against an article equal to the fair value of
the storage. The storer shall within sixty (60) days give written notice of the
lien to every person the storer knows or has reason to believe is the owner
or has an interest in the sign. The notice shall contain a description of the
article sufficient to enable identification, the address of the place of storage,
the date that it was received and the name of the person from who it was
received, a statement that a lien is claimed under the Act and a statement
advising how the article may be redeemed. The storer has the right to
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By-law Number 121-08
dispose of the sign in accordance with the provisions of Part III of the Act,
upon the expiration of the sixty (60) day period following the day on which
the amount required to be paid for the storage becomes due. The owner
has the right to redeem the sign anytime prior to disposal upon payment of
the amount required to satisfy the lien. The amount shall be calculated as
follows:
(a)
the County's actual cost of removing the sign, plus
(b)
a storage charge of $20.00 per day or part thereof, or $2.00 per m2
of sign face per day or part thereof, whichever is greater.
8.9
Pursuant to section 426 of the Municipal Act, 2001, no person shall hinder
or obstruct, or attempt to hinder or obstruct, any person who is exercising a
power or performing a duty under this by-law. A refusal of consent to enter
or to remain in a room or place actually used as a dwelling does not
constitute hindering or obstruction within the meaning of subsection (1)
unless the County is acting under an order under section 438 or a warrant
under section 439 or in the circumstances described in clause 437 (d) or
(e).
8.10 None of the foregoing shall limit the County from enforcing the provisions of
this by-law by any other action or remedy permitted in law.
8.11 Municipal Law Enforcement Officers appointed by the County are hereby
authorized to enforce the provisions of this by-law.
9. AMENDMENTS AND VARIANCES
9.1
Under section 10 of the Municipal Act Council may grant amendments to
this by-law where in the opinion of the Council, the general purpose and
intent of the by-law and the Official Plan is maintained.
Under section 45(3) of the Planning Act, Council may authorize the
Committee of Adjustment to grant variances to the requirements of
Schedule A of this by-law where in the opinion of the Committee, the general
purpose and intent of the by-law and the Official Plan is maintained.
9.2
An application for amendment or variance shall be made on the appropriate
form to the Director and shall be accompanied by the appropriate fee, as set
out in the Fees and Charges By-law.
9.3
The Director shall prepare a report for the consideration of Committee,
setting out the reasons for the amendment or variance and including a
16
By-law Number 121-08
recommendation to deny the request, to approve the request or to approve
the request with modifications.
9.4
The Director shall notify the applicant once a hearing date before the
Committee has been fixed and if the applicant does not attend at the
appointed time and place, Committee may proceed in the absence of the
applicant and the applicant will not be entitled to further notice in the
proceeding.
9.5
The Director shall circulate the application to property owners within the
required circulation distance of the subject property and any agencies or
departments that in the opinion of the Director may have an interest in the
matter. The notice should describe the nature of the request and advise of
the time and place of a hearing date.
9.6
At a public meeting the Committee shall consider the request of the
applicant and shall consider the written or oral comments of any party who
wishes to comment on the matter before making a decision on the requested
relief.
9.7
In considering an application for an amendment or variance, Committee
shall have regard for:
(a)
Special circumstances or conditions applying to the property,
building or use referred to in the application;
(b)
Whether strict application of the provisions of this by-law in the
context of the special circumstances applying to the property,
building or use, would result in practical difficulties or unnecessary
and unusual hardship for the applicant, inconsistent with the general
intent and purpose of this by-law;
(c)
Whether such special circumstances or conditions are pre-existing
and not created by the owner or applicant; and,
(d)
Whether the sign that is subject of the amendment, variance or
exemption will alter the essential character of the area.
9.8
For amendments, the Clerk of the municipality shall within 15 days of the
Committee's decision advise the applicant and any party who submitted a
written comment and/or spoke at the public meeting and who requested in
writing to be notified of the Council's decision.
For Variances, the Secretary-Treasurer of the Committee shall within 10
days of the Committee's decision advise the applicant and any party who
submitted a written comment and/or spoke at the public meeting and who
requested in writing to be notified of the Committee's decision.
17
By-law Number 121-08
9.9
Only the applicant or any party who submitted a written comment and/or
spoke at the public meeting may, within 20 days of the Committee's
decision, file an appeal with the Clerk or Secretary-Treasurer regarding a
variance.
9.10 If no appeal is received the Committee's decision is final.
If an appeal is received concerning a decision of the Committee on an
amendment the Clerk shall place the matter on an Agenda for Council's
consideration within six (6) weeks of the Committee's decision.
If an appeal is received concerning a decision of Committee on a variance,
the Secretary-Treasurer shall forward the appeal, the applicant's request,
the Director's report and any correspondence received from neighbouring
property-owners or interested agencies or department to the County Clerk
and the Clerk shall place the matter on an Agenda for Council's
consideration within six (6) weeks of the Committee's decision.
9.11 Council may uphold, vary or refuse the recommendations of the Committee
or do any act or make any decision that it might have done, had it conducted
the hearing itself and the applicant shall not be entitled to a further hearing
on the matter before Council and the decision of Council shall be final.
10. Special Provisions
10.1. 535 Paris Road
LED Ground Sign
Notwithstanding any provision of this by-law to the contrary, an LED ground sign
located wholly on private property known as 535 Paris Road, shall also be
permitted, subject to the following;
i. Maximum Sign Face Area of 18.58m²;
ii. Maximum Height of 7.0m;
iii. Maximum one (1) ground sign on the property;
iv. Hours of operation 6:00 a.m. until 10:00 p.m.;
v. Minimum 5 to 7 second intervals between advertisements;
The sign face shall not shake, flash, or scroll. There shall be no commercial or
videos/movies permitted to be run on the sign. First and third party advertising
shall be permitted. All other requirements of the By-Law shall apply.
10.2. 116 King Street
LED Video Ground Sign
18
By-law Number 121-08
Notwithstanding any provision of this by-law to the contrary, an LED ground sign
located wholly on private property known as 116 King Street, shall also be
permitted, subject to the following;
i. Maximum Sign Face Area of 1.2m²;
ii. Maximum Height of 4.5m;
iii. Maximum one (1) ground sign on the property;
iv. Hours of operation 6:00 a.m. until 10:00 p.m.;
v. Minimum one (1) minute intervals between advertisements;
The sign face shall not shake, flash, or scroll. There shall be no commercial or
videos/movies permitted to be run on the sign. First and third party advertising
shall be permitted. All other requirements of the By-Law shall apply.
10.3. 524 Cockshutt Road
Billboard Sign
Notwithstanding any provision of this By-Law to the contrary, one (1) billboard
sign located wholly on private property known as 524 Cockshutt Road, shall be
permitted, subject to the following:
i. Maximum Sign Face Area of 11.5m², being double sided;
ii. Maximum height of 4.8m;
iii. Maximum one (1) billboard sign on the property;
iv. That the sign be permitted within the existing location, on the date of
passing of this By-Law;
v. That the sign be permitted for the purpose of third party advertising, on
behalf of the Oshweeken Speedway;
The sign face shall not shake, flash, scroll, or have any lighting. The amendment
only applies to the existing sign within the established location, as of the date of
passing of this By-Law. All other future signs or replacement of the existing sign
shall meet the requirements of the County of Brant Sign By-Law. All other
requirements of the By-Law shall apply.
10.4. 63 King Street
LED Ground Sign
Notwithstanding any provision of this By-Law to the contrary, one (1) ground sign
located wholly on the property known as 63 King Street, shall be permitted,
subject to the following:
i. Maximum Sign Face Area of 1.8m² for LED portion and 2.1m² for the acrylic
portion, being double sided;
ii. Maximum height of 3.8m;
iii. Maximum one (1) ground sign on the property, within the proposed location
19
By-law Number 121-08
as approved;
iv. Only to be used to advertise on behalf of the tenants occupying the existing
commercial building on the subject lands;
v. Hours of operation shall be from 6:00 a.m. until 10:00 p.m.;
vi. The LED sign face shall be programmed to change at 6 to 9 second
intervals;
vii. The sign face shall not shake, flash, or scroll. There shall be no
commercials or videos/movies permitted to be run on the sign.
All other requirements of the By-Law shall apply.
10.5. 777 Watt's Pond Road
New Home Development Sign
Notwithstanding any provision of this by-law to the contrary, one (1) new home
development sign, being double sided, and located wholly on the property known
as 777 Watt's Pond Road, shall be permitted, subject to the following:
i. Maximum Sign Face Area of 25.0m², per each side, being double sided;
ii. Maximum Height of 5.3m;
iii. Maximum one (1) new home development sign on the property, within the
approved location on the site plan;
iv. Only to be used to advertise on behalf of Reid's Heritage Homes and a
Real Estate Company, for homes being sold in Phase 1, within the
Pinehurst Plan of Subdivision;
The sign shall not be lit or have any lighting on or directed at the sign. The sign
shall be removed from the property once 90 percent of the development being
advertised is sold. All other requirements of the By-law shall apply.
11. EXISTING SIGNS
11.1 Pursuant to subsection 99 (1) of the Municipal Act, 2001, this by-law does not
apply to an advertising device that was lawfully erected or displayed on the
day the by-law comes into force if the advertising device is not substantially
altered, and the maintenance and repair of the advertising device or a
change in the message or contents displayed shall be deemed not in itself
to constitute a substantial alteration. For the purpose of this section the onus
of proof is upon the person claiming the advertising device was lawfully
erected on the day of passage.
20
By-law Number 121-08
12. VALIDITY
12.1 If a Court of competent jurisdiction declares any section or part of a section of
this by-law invalid, it is the intention of Council that the remainder of the by-
law shall continue to be in force.
13. REPEAL OF EXISTING BY-LAWS
13.1 All previous sign by-laws, including County of Brant By-law Nos. 267-03, 268-
03, 269-03, 270-03, 215-04 and sections 6.1.4, 7.1.4. and Schedule A of
By-law No. 261-03 and any amendments thereto are hereby repealed.
14. SHORT TITLE
14.1 This By-law may be referred to as the Sign By-law.
15. ENACTMENT
READ a first and second time, this 17th day of June, 2008.
READ a third time and finally passed in Council, this 17th day of June, 2008.
THE CORPORATION OF THE COUNTY OF BRANT
__________________________
Mayor
__________________________
Clerk
SCHEDULE A
Where permitted by Section 6 of this by-law, the following regulations apply to the
erection of signs:
A. ADDRESS SIGNS
Where permitted by Section 6, the following regulations apply to address signs:
A-1
Number permitted
One (1) per premises
A-2
Location
No address sign shall be located closer than:
(a)
1.0m to a street line
(b)
1.0m to a property line
A-3
Maximum height
1.5 m
A-4
Maximum area per sign face
0.2m2
B. BILLBOARD SIGNS
Where permitted by Section 6.4, the following regulations apply to billboard
signs:
B-1
Number permitted
One (1) per property
B-2
Location
No billboard sign shall be located, except in compliance with Ministry
of Transportation guidelines and no closer than:
(a)
400.0m to a street line
(b)
25.0m to a property line.
(c)
1,000.0m to any other billboard sign
B-3
Maximum height
15.0m
B-4
Maximum area per sign face
150.0m2
Appendix A to By-law No. 121-08
ii
Where permitted by Section 6.8, the following regulations apply to billboard
signs:
B-5
Location
No billboard sign shall be located, except in compliance with Ministry
of Transportation guidelines and no closer than:
(a)
25.0m to a street line
(b)
50.0m from any land designated residential in the
Official Plan
(c)
300.0m to any other billboard sign
B-6
Maximum dimensions of sign face
(a)
12.2m width
(b)
3m height
C. CONSTRUCTION SITE SIGNS
Where permitted by Section 6, the following regulations apply to construction
site signs:
C-1
Number permitted
One (1) per frontage.
C-2
Location
No construction site sign shall be located closer than:
(a)
3.0m to a street line
(b)
1.0m to a property line.
C-3
Maximum height
4.5m
C-4
Maximum area per sign face:
6.0m2
C-5
Duration
A construction site sign shall not be erected on a property until all
applicable Planning Act approvals are in place. A construction site
sign shall be removed within sixty (60) days of the substantial
completion of the project.
D. DEVELOPMENT SIGNS
Where permitted by Section 6, the following regulations apply to development
signs:
Appendix A to By-law No. 121-08
iii
D-1
Number permitted
one (1) per frontage.
D-2
Location
No development sign shall be located closer than:
(a)
3.0m to a street line
(b)
1.0m to a property line.
D-3
Maximum height
4.5m
D-4
Maximum area per sign face
6.0m2 (Shall conform to minimum size as stipulated in development
agreement).
D-5
Duration
Shall not be placed on the property until such time as a
development agreement is signed, and shall be removed within
sixty (60) days of the substantial completion of the project.
D-6
Other
A development sign shall only be erected on the property that is
subject to the development that the sign refers to.
E. ELECTION SIGNS
Where permitted by Section 6, the following regulations apply to election signs:
E-1
Location
No election sign shall be located in the building or on the property
or any voting place as defined in 5.48 of the Municipal Elections
Act, or other statutes governing Provincial or Federal elections.
E-2
Location on a wall
An election sign which is a fascia sign may be affixed to the face of
the building or building unit which is used as a candidate's
campaign headquarters provided such fascia sign complies with the
provisions of this by-law for a fascia sign.
E-3
Duration
For a municipal election, no election sign shall be erected before
the candidate has filed all the required documents and payment of
the nomination fee has been received. For all elections, all election
signs shall be removed within two (2) days after the date of the
election.
Appendix A to By-law No. 121-08
iv
E-4 ELECTION SIGNS ON ROAD ALLOWANCES
Election signs may be placed on the portion of the street between
the travelled portion and the property line provided:
E-4.1 The election sign is not placed:
(a)
within 9 metres of an intersection
(b)
within 4.0 metres of the travelled portion of the street
(c)
within 2.0 metres of the shoulder
(d)
on a sidewalk of within 50 cm of a sidewalk
(e)
within a sight triangle
(f)
without the consent of the owner or occupant of the property
whose frontage abuts the sign location
(g)
at a location that in the opinion of the Director of Roads or
their designate, at their sole discretion, impedes the
functionality of the street or impedes County maintenance
activities
(h)
adjacent to a cemetery, cenotaph or war memorial
E-4.2 The size of the sign face does not exceed 1.5 m2
E-4.3 The height of the sign does not exceed 1.5
F. FARM PRODUCE DIRECTIONAL SIGNS
Where permitted by Section 6, the following regulations apply to farm produce
directional signs:
F-1
Number permitted per property
One (1) per property or frontage
F-2
Location
A farm produce directional sign may be erected on a property or a
boulevard except on a boulevard adjacent to a cemetery, cenotaph
or war memorial.
F-3
Maximum height
1.2m
F-4
Maximum area per sign face:
Maximum area of 1.2m2
Appendix A to By-law No. 121-08
v
F-5
Duration
Sign shall be displayed only for the period that the product is offered
for sale.
G. FASCIA SIGNS
Where permitted by Section 6, the following regulations apply to fascia signs:
G-1 Number permitted
(a)
Agricultural zones: One (1) per frontage
(b)
Commercial and Industrial zones: Two (2) per premises
(c)
Institutional zones: One (1) per premises
G-2 Location
(a)
Agricultural zones:
A fascia sign shall only be permitted on
a barn or agricultural building as defined
in the zoning by-law
(b) Commercial and Industrial zones:
On any wall, except a wall abutting a
Residential zone.
(c)
Institutional zones: Front wall
G-3 Maximum area per sign face
(a)
Agricultural zones:
10.0m2 or 10% of the wall area,
whichever is lesser.
(b)
Commercial and Industrial zones:
10.0m2 or 25% of the wall area,
whichever is lesser, provided that not
more than one (1) fascia sign is erected
per100.0m2 of wall face, notwithstanding
that building that does not have a wall
face of at least 100.0m2 may have one
(1) fascia sign on a wall facing a street.
(c)
Institutional zones:
10.0 m2 or 10% of the wall area
whichever is less.
H. GROUND SIGNS
Where permitted by Section 6, the following regulations apply to ground signs:
Appendix A to By-law No. 121-08
vi
H-1
Number permitted
One (1) ground sign is permitted per frontage.
H-2
Location
No ground sign shall be located closer than:
(a)
1.0m to a property line.
(b)
1.0m to a street line
(c)
3.0m to a driveway
(d)
5.0m to a ground sign on the same property
(e)
Where adjacent to any residential zone, no ground sign shall
be permitted in a rear yard or in an interior side yard.
H-3
Maximum Height
7.5m
H-4
Sign Face Area
22.5m2 including a maximum area of 3.5 m2 for any electronic
message display.
I. HOME OCCUPATION IDENTIFICATION SIGNS
Where permitted by Section 6, the following regulations apply to home
occupation identification signs:
I-1
Number permitted
One (1) home occupation identification sign is permitted per property.
I-2
Location
No home occupation identification sign shall be located closer than:
(a)
3.0m to a property line
(b)
3.0m to a street line
(c)
No home occupation identification sign shall be erected in an
interior side yard
I-3
Maximum height
1.5m
I-4
Maximum area per sign face
(a)
Agricultural zones: 1.5m2
(b)
Residential zones: 0.5m2
Appendix A to By-law No. 121-08
vii
J. INCIDENTAL SIGNS
Where permitted by Section 6, the following regulations apply to incidental
signs:
J-1
Number permitted
Where the copy is substantially similar, One(1) per property line or
one (1) every 50 m. where the property line exceeds 50 m.
J-2
Maximum area per sign face
0.4m2
K. INFLATABLE SIGNS
Where permitted by Section 6, the following regulations apply to inflatable
signs:
K-1
Number permitted
One (1) per property
K-2
Location
No inflatable sign shall be located closer than:
(a)
6.0m to a street line
(b)
6.0m to a property line
(c)
a minimum of 6.0m from any driveway
entrance and exit;
(d)
a minimum of 6.0m from any ground or
portable sign on the same property or
abutting property
(e)
a minimum of 92.0m measured in a
straight line from a residential property;
(f)
a minimum of 50.0m from a traffic light
standard
K-3
Maximum height and width of sign
6.0m
K-4
Duration of display
An inflatable sign shall not be erected for more than fourteen (14)
days or on more than two separate occasions in any calendar year.
Inflatable signs shall be used only for the business or uses currently
on the property on which the sign is to be displayed.
K-5
All inflatable signs shall be properly secured.
Appendix A to By-law No. 121-08
viii
L. MENU BOARD SIGNS
Where permitted by Section 6, the following regulations apply to menu board
signs:
L-1
Number, location, size, etc.
Menu board signs shall only be installed in compliance with a
prevailing development agreement.
M. NEW HOME DEVELOPMENT SIGNS
Where permitted by Section 6, the following regulations apply to new home
development signs:
M-1 Number permitted per property
One (1) per property
M-2 Location
No new home development sign shall be located closer than:
(a) 1.0m. to a street line
(b) 1.0m. to a property line
M-3 Maximum height
1.2m
M-4 Maximum area per sign face
Contain no more than two (2) sign faces, each sign face having a
maximum area of 1.2m2
M-5 Duration
Sign shall be removed within 60 days of the completion of the
development.
N. OPEN HOUSE DIRECTIONAL SIGNS
Where permitted by Section 6, the following regulations apply to open house
directional signs:
N-1
Location
An open house directional sign may be erected on a boulevard
except on a boulevard adjacent to a cemetery, cenotaph or war
memorial.
N-2
Maximum area per sign face:
Appendix A to By-law No. 121-08
ix
Contain no more than two (2) sign faces, each sign face having a
maximum area of 0.3m2.
N-5
Duration
Sign shall only be on display for the day the open house is being
conducted.
O. PORTABLE SIGNS
Where permitted by Section 6, the following regulations apply to portable signs:
O-1 Number permitted
Two (2) per property with a minimum of 75m between them.
O-2 Location
No portable sign shall be located closer than:
(a)
5.0m to a Residential zone
(b)
1.0m to any other property line
(c)
1.5m of a sidewalk or street line,
whichever is greater
(d)
3.0m of a driveway entrance or exit
(e)
15.0m of a traffic intersection
(f)
9.0m of a ground sign
(g)
9.0m of a ground sign or portable sign on
an abutting property
(h)
No portable sign shall be permitted in a
rear yard or in an interior side yard.
O-3 Maximum Height
2.5m
O-4 Maximum area per sign face
No more than two (2) sign faces, and each sign face shall have a
maximum area of 6.0m2.
O-5 Duration of display
Four (4) - thirty (30) day periods in any calendar year per sign, with
a minimum thirty (30) day interval between each thirty (30) day
permitted period.
Appendix A to By-law No. 121-08
x
O-6 Other
Every portable sign shall clearly display the name and telephone
number of the owner or other person responsible for the erection,
installation, maintenance and removal of the sign.
P. PROJECTING SIGNS
Where permitted by Section 6, the following regulations apply to projecting
signs:
P-1
Number permitted
One (1) per property
P-2
Minimum Clearance
2.4m
P-3
Maximum area per sign face
4.0m2
Q. REAL ESTATE SIGNS
Where permitted by Section 6, the following regulations apply to real estate
signs:
Q-1 Number permitted
(a)
Residential zone: One (1) per frontage
(b)
All other zones:
One (1) per frontage and one (1)
additional sign for each addition 30.0m
of frontage
Q-2
Location
(a) Residential zones:
(i) 1.0m to street line
(ii) 1.0m to a property line
(b) All other zones:
(i)
1.0m to a street line
(ii)
3.0m to a street line for a real
estate sign greater than 4.0m2
(iii)
1.0m to a property line
(iv)
4.0m to an real estate sign on
the same property
Appendix A to By-law No. 121-08
xi
Q-3
Maximum Height
(a)
Residential zones: 1.5m
(b)
All other zones:
(i)
2.0m on a property smaller than 0.40ha
(ii)
4.0m on a property larger than 0.40ha
(iii)
6.0m on a property larger than 4.0ha
Q-4
Maximum area per sign face
(a)
Residential zones:
(i)
0.8m2 on a property smaller than
0.40ha
(ii) 1.2m2 on a property larger than 0.40ha
(b) All other zones:
(i)
1.2m2 on a property smaller than
0.40ha
(ii)
2.4m2 on a property larger than 0.40ha
(iii)
6.0m2 on a property larger than 4.0ha
Q-5
Duration
Sign shall be erected only for the duration of time that the property
is offered for sale, rent or lease.
R. SANDWICH BOARD SIGNS
Where permitted by Section 6, the following regulations apply to sandwich
board signs:
R-1
Number permitted
One (1) per property
R-2
Location
A sandwich board sign may be erected or displayed on private
property or may be displayed or erected on a public sidewalk
abutting the business or the untraveled portion of the road
allowance and only in cases where it is not possible because of the
size of the property, to locate a ground or portable sign entirely on
the same property as the business:
(i) Must front the business to which the sign relates to;
(ii) Shall not be located within 3 metres of a driveway entrance;
(iii) Be located as close to the face of the building as possible and
maintain a minimum unobstructed sidewalk width of 1.5
metres where there is no suitable boulevard or untraveled
Appendix A to By-law No. 121-08
xii
portion of a roadway. Must sit back a minimum distance of .8
metres from the curb line or edge of the roadway;
(iv) Signs must not be erected on any portion of the highway
improved for pedestrian or vehicular traffic or in such a
manner so as to obstruct a pedestrian crosswalk;
(v) Signs must not be erected so as to obstruct a sight line at any
intersection or driveway.
R-3
Maximum Size
1.0m in height and 0.5m. in width.
R-4
Maximum area per sign face
0.5m2
R-5
Duration
Shall be displayed only between sunrise and sunset of every
business day and shall be taken indoors at all other times.
R-6
Other
(i) Signs must have permanently affixed thereto in a readily
accessible location, the name, phone number and current
business address of the owner of said sign.
(ii) Signs must be designed to stay in place.
S. SIGNS ON POLES
Where permitted by Section 4.6 the following regulations apply:
S-1
Nails, staples, or other puncturing fasteners shall not be used to
secure signs.
S-2
No sign or sign of similar content shall be displayed on any support
standard for a period of time in excess of seven (7) days, except for
Farm Produce Directional Signs which may be displayed for the
period of time that the product is being offered for sale.
S-3
The size of any sign must not exceed 22cm in width and 28cm in
length and all signs must be posted so that the length of the sign is
posted along the length of the pole.
S-4
The person who posted the sign or caused the sign to be posted is
responsible for the removal of the sign upon the expiration of the
permitted period.
Appendix A to By-law No. 121-08
xiii
S-5
The date posted and the name, mailing address, municipal address
and phone number of the individual, organization or business entity
that authorized the posting, must be clearly visible on the face of
the sign, except in the instance of a yard sale or a Farm Produce
Directional Sign where the date posted and the property address of
the sale is deemed sufficient
S-6
The sign is constructed of a pliable material. Other more durable
materials such as corrugated plastic or press board are not
permitted.
S-7
Signs are not permitted on any traffic control sign standard,
including but not limited to any stop sign, speed limit, or traffic
signal standard.
S-8
Signs are not permitted on any pole, post, lamp post or other
support standard upon a street adjacent to a cemetery, cenotaph or
war memorial.