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This is a consolidation of the City of Clarence-Rockland Sign By-law No. 2015-160.
This version contains the following amending By-laws:
2016-100
2017-66
2017-162
2018-67
This consolidation of the By-law is current to June 18, 2018.
The Corporation of the City of Clarence-Rockland
By-law 2015-160
Being a By-law for governing permanent signs, temporary signs and billboards
installed on the territory of the Corporation of the City of Clarence-Rockland;
WHEREAS the Municipal Act 2001, S.O., Chapter 25, Section 99, provides that
municipalities may pass by-laws respecting advertising devices, including signs;
AND WHEREAS the Council of the Corporation of the City of Clarence-Rockland
deems it desirable to regulate the erection, display and maintenance of signs and
other advertising devices within the limits of the Corporation of the City of
Clarence-Rockland;
NOW THEREFORE the Council of the Corporation of the City of Clarence-Rockland
enacts as follows:
SECTION 1 - SHORT TITLE
1.1
This by-law may be referred to as the "Signs By-law".
SECTION 2 - INTERPRETATION
2.1
Unless otherwise defined, the words and phrases used in this by-law have
their normal and ordinary meaning.
2.2
Where a situation arises that is not covered by a specific regulation, or where
two or more regulations are equally applicable, all provisions shall be
complied with or, where it is not possible to comply with all the provisions
applicable, the most restrictive provisions shall prevail.
2.3
This by-law is gender-neutral and, accordingly, any reference to one gender
includes the other.
2.4
Words in the singular include the plural and words in the plural include the
singular.
2.5
The following abbreviations and symbols stand for the words respectively set
forth opposite thereto as follows:
cm
- centimeter
m
- meter
m2
- square meter
%
- per cent
2.6
It is declared that any section, subsection or part thereof be declared by any
Court of Law to be bad, illegal or ultra vires, such section, subsection, part or
parts shall be deemed to be severable and all parts hereof are declared to be
separate and independent and enacted as such.
2.7
Headings are inserted for convenience of reference purposes only, form no
part of this by-law and shall not affect in any way the meaning or
interpretation of the provisions of this by-law.
SECTION 3 - DEFINITIONS
In this by-law:
3.1
"A-frame sign" means a mobile self-supporting structure shaped like an "A"
with one (1) or two (2) sign faces, placed on, in front of, or adjacent to the
premises of the business or organization it promotes;
3.2
"access" means a way of ingress or egress to or from a street, and includes
a private road, a driveway and any other private way;
3.3
"alteration" means any change to the sign structure and the sign face but
does not include a change in the message or maintenance;
3.4
"animated" in reference to a sign, means movement, motion or the
appearance of motion by way of motion picture, streaming video, television,
LED screens or any technology that would facilitate motion or the appearance
of motion;
3.5
"applicant" means the company or individual whose name is listed in the
applicant information section of a sign permit application form or other
person who submits an application for a sign permit, sign variance or
encroachment permit on his own behalf;
3.6
"banner sign" means a temporary sign other than a poster sign that is of a
decorative nature and made of cloth, canvas or other lightweight, non-rigid
material that is used or that functions as a sign;
3.7
"billboard sign" means a large, outdoor, off-premises advertising sign that
is mounted on the ground;
3.8
"building code" means the Building Code Act, 1992, S.O. 1992, Chap. 23,
the Regulations made under the Act, and a by-law enacted by Council under
the Act, all as amended or re-enacted from time to time;
3.9
"canopy sign" means a canopy or awning that is or functions as a sign;
3.10 "City" means the municipal corporation of the City of Clarence-Rockland or
the geographic area of the Corporation of the City of Clarence-Rockland, as
the context requires;
3.11 "City property" means any land or building owned by the City other than a
street;
3.12 "contractor sign" means a sign that has the purpose of advertising a
construction company (interlock, roofing, windows, etc. ) or a property
maintenance company (lawn maintenance, snow clearing, etc.) that is
located on the property where renovations, construction and maintenance is
being undertaken by the company advertised;
3.13 "Council" means the Council of the Corporation of the City of Clarence-
Rockland;
3.14 "development sign" means a sign that includes information relating to a
new subdivision, development or the construction of a building or structure
where lots or units will be or are available for sale or lease;
3.15 "Director" means the Director of the Protective Services Department or his
authorized agent;
3.16 "election sign" means a temporary sign advertising a candidate or political
party in a municipal, school board, public utility company, provincial or
federal election;
3.17 "encroachment permit" means a permit issued under this by-law as an
endorsement on the sign permit, authorizing a sign to project from private
property on or over a street or City property;
3.18 "farm sign" means a sign that is erected on a premises that is zoned
agricultural or rural and advertises or identifies the name of a farm or the
farm related products or services offered on the premises or types of crops
grown on the premises;
3.19 "for sale/garage sale sign" means a sign that advertises or provides
directions to the temporary sale of used or unwanted household goods or
personal items in a residential garage or on a residential front yard;
3.20 "free-standing" means placed on the ground and self-supporting without
supports constructed and driven into the ground;
3.21 "gasoline pump island sign" means a sign that is located on or over a
single gasoline pump island;
3.22 "ground sign" means a sign that is affixed to the ground by a self-
supporting structure that includes a permanent foundation below grade or
above grade;
3.23 "home based business" means an occupation, trade, business, profession
or craft carried on as an accessory use to the use of a dwelling and includes a
home occupation and home industry as defined by the zoning by-law;
3.24 "incidental sign" means a sign whose primary function is directional or
informative for the control of traffic or designation of areas such as entrance,
exit, parking, loading or similar information pertinent to the function of the
premises at which it is located, and includes "No Trespassing" signs and
similar signs;
3.25 "inflatable sign" means a non-rigid, gas or air filled bag or balloon
designed or used as an advertising device;
3.26 "Manager" means the Manager of Development or other agent authorized
by the Director of the Infrastructure and Planning Services Department to
review and approve sign permit applications.
3.27 "message centre sign" means an advertising or information sign that is
designed to have a digital or analogue message in which the display changes
from time to time and where that change can be made either manually or
automatically;
3.28 "mobile sign" means a sign that is designed for the manual rearrangement
of copy on the sign face and part of, or attached to, a readily relocatable
wheeled trailer or frame without wheels, for use in another location;
3.29 "Officer" means a person appointed by the Council of the Corporation of the
City of Clarence-Rockland to enforce the provisions of this by-law and shall
include a By-law Enforcement Officer or the Director of the Protective
Services Department;
3.30 "official sign" means a sign erected by a public body under the auspices or
authority of a statute, by-law or regulation;
3.31 "owner" means the permit holder of a sign for which a permit has been
issued or the person or company whose business is advertized or on whose
property the sign is posted in the case of a sign for which no permit is
issued;
3.32 "permanent sign" means a sign which is intended to remain in place for an
extended period of time, exceeding 2 months, and which is securely attached
either to a building face or window or attached to the ground, and may
include a ground sign, wall sign, window sign, canopy or awning, projecting
sign, development sign, billboard sign, or farm sign;
3.33 "permit holder" means the person or company whose name is listed on a
sign permit or whose name is listed as the applicant on the application form
for which the permit was issued;
3.34 "person" means an individual, association, firm, partnership, incorporated
company, corporation, agent or trustee, and the heirs, executor or other
legal representatives of a person and for the purposes of this by-law includes
an owner, or any person in temporary possession of the property;
3.35 "projecting sign" means a sign that projects on the perpendicular from the
surface to which it is attached;
3.36 "real estate sign" means a sign advertising the sale, rent or lease of the
premises on which it is located;
3.37 "registered non-profit organization" means a non-profit organization
registered as such with the federal or provincial government and may include
churches, public schools, public charities, public clinics and hospitals, political
organizations, legal aid societies, volunteer services organizations, labour
unions, professional associations, research institutes, museums, and some
governmental agencies;
3.38 "sign" means any visual medium used to convey information by way of
words, pictures, graphics, emblems or symbols or any device used for the
purpose of providing direction, information, identification, advertisement,
business promotion or the promotion of a product, activity, service or idea;
3.39 "sign face" means that portion of the sign upon, against or through which
the message of the sign is displayed, but does not include the sign structure;
3.40 "sign face area" means the total area of all sign faces on one sign
structure;
3.41 "sign height" means the vertical distance measured from the highest point
of the sign to grade and includes any support structure;
3.42 REMOVED - amended by By-Law 2018-67
3.43 "tear drop sign" means a free-standing temporary sign composed of a
metal or plastic stand and a vertical banner in the shape of a tear drop that
is attached to the stand along one side and along the top;
3.44 "temporary sign" means a sign which is intended to be in place for a period
not exceeding 60 days and which is not permanently attached to a building
or to the ground and may include a banner sign, an inflatable sign, a tear
drop sign, a mobile sign, or other free standing sign;
3.45 "wall sign" means a permanent sign that is attached to the wall of a
building and includes a canopy or awning which is or functions as a sign;
3.46 "window sign" means a permanent sign where a message is painted
directly on or affixed as a sticker to the interior or exterior window of a
building;
3.47 "zone" means any zone established in the Zoning by-law of the Corporation
of the City of Clarence-Rockland and includes all special exceptions to the
zones and "zoned" has a corresponding meaning;
3.48 "Zoning By-law" means the Zoning By-law of the Corporation of the City of
Clarence-Rockland, as amended and includes any by-law enacted in
substitution therefore.
SECTION 4 - ADMINISTRATION
Department Responsible
4.1
The Protective Services Department is responsible for the enforcement of this
by-law.
Zoning
4.2
A property which benefits from a status as a legal non-conforming
commercial use within any other zone shall be deemed to be within a
commercial zone for the purposes of the application of the regulations of this
by-law.
4.3
A residential building in a residential zone includes the dwelling located on
any property in a rural or agricultural zone where the primary use of the lot
is residential.
Lawfully Existing Signs
4.4
This by-law does not apply to a sign that was lawfully erected or displayed
before the day the by-law came into force if the sign is not altered and the
maintenance and repair of the sign shall be deemed not in itself to constitute
as an alteration. (amended by By-Law 2018-67)
Exemptions
4.5
The provisions of this by-law do not apply to signs erected by federal,
provincial or municipal government.
4.6
The provisions of this by-law do not apply to the Corporation of the City of
Clarence-Rockland notification signs that are supplied and installed by or for
any department of the City and that are commonly referred to as on site
signs.
SECTION 5 - PERMITS
Sign Permits
5.1
No person shall erect a sign on private or public property within the City of
Clarence-Rockland without first having obtained a permit for the sign.
5.2
Every applicant shall complete a sign permit application as set out in Annex
A, submit all necessary plans and drawings and pay all applicable fees as set
out in the City of Clarence-Rockland fee by-law.
5.3
Despite Section 5.2, before issuing a permit under this section, the Manager
may require the applicant to submit such plans, specifications, documents or
other information as the Manager determines is necessary to ascertain
whether or not a permit may be issued and those plans, specifications,
documents or other information may be different for different signs or types
of signs or signs in different zones or signs used for different purposes.
5.4
The Manager may issue the permit:
(a)
with a term imposed by this by-law, or
(b)
with a term or with restrictions imposed by Council or the Manager,
as a condition of granting a variance to this by-law.
5.5
The Manager may approve variations of up to 10% of the height and sign
face area regulations required in this by-law, without requiring an application
for a variance, where a variance is warranted due to:
(a)
physical impediments or obstructions;
(b)
topography;
(c)
sign visibility; or
(d)
public safety.
5.6
The plans, specifications, documents and other information submitted with an
application under this by-law are the property of the City and, upon issuance
of the permit, become public information.
Permit Revoked
5.7
The Manager shall revoke a permit issued under this by-law if:
(a)
the permit was issued in error;
(b)
the permit was issued on false, misleading, mistaken or incorrect
information; or
(c)
the permit holder requests in writing that the permit be revoked.
5.8
The Manager shall notify the permit holder of the revocation of the permit
under Subsections 5.7(a) or 5.7(b) and said notice may be given in the
manner prescribed by Section 12.3.
Encroachment Permits
5.9
No person shall erect a sign or any part of a sign on City property or that
projects over a City property or right-of-way of a City street without first
having obtained an encroachment permit.
5.10 The Manager may include the encroachment permit as an endorsement on
the sign permit and no additional permit is required for the sign
encroachment.
5.11 The Manager may issue an encroachment permit subject to such terms,
conditions and restrictions as he may determine to be necessary, or are set
out by Council.
5.12 Any part of an unpaid encroachment permit fee is a debt due to the City and
may be recovered:
(a)
in any court of competent jurisdiction; or
(b)
by adding the cost to the tax roll and collecting the fee in the same
manner as taxes.
Encroachment Permit Renewals
5.13 The holder of an encroachment permit shall pay an annual encroachment
permit fee in the form of an encroachment permit renewal fee in order to be
granted the right by the City to erect or maintain a sign on City property or
that projects over a City property or right-of-way of a City street.
SECTION 6 -VARIANCES
6.1
The City may authorize a variance from this By-law by approval of the
Manager or by resolution of Council, upon submission of a variance
application as set out in Annex B, if, in the opinion of the City, the general
intent and purpose of the By-law are maintained.
6.2
An application under Section 6.1 shall be deemed to be complete when it is:
(a)
submitted to the Manager; and
(b)
accompanied by:
(i)
a complete sign permit application,
(ii)
such plans, specifications, documents or other information
as the Manager may require,
(iii)
the full application fee as set out in the City of Clarence-
Rockland fee by-law, and
(iv)
any supporting documentation that the applicant considers
appropriate.
6.3
An application under Section 6.1 may be refused if it is not deemed
complete.
6.4
A permit is required for any sign that received approval through a variance.
6.5
Council is the approval authority for any variance to this by-law pertaining
to:
(a)
billboard signs;
(b)
sign types that are not defined in this by-law;
(c)
signs that vary from the setback or sign face area provisions of this
by-law by more than 400%; or
(d)
any other sign application that is deemed by the Manager to
require public consultation and input from Council prior to approval.
6.6
Where Council or the Manager approves an application for a variance to
permit a sign, the Manager shall issue a permit for that sign subject to any
conditions imposed by him or by Council within 10 days of the date of the
decision.
SECTION 7 - FEES, CHARGES AND REFUNDS
7.1
The Manager shall not process an application for a sign permit, encroachment
permit, encroachment permit renewal, or variance until the applicable fees as
set out in the City of Clarence-Rockland fees by-law have been received.
7.2
Section 7.1 does not apply to a permit for a temporary sign where the
applicant is a registered non-profit organization and where the purpose of the
sign is to advertise an event or a program registration period.
Refunds
7.3
Where an applicant withdraws an application prior to the issuance of the
permit, he or she may be entitled to a refund of a portion up to 50% of the
permit fee as determined by the Manager.
7.4
Where a permit has been cancelled or revoked, as described under Section
5.7, no refund is payable.
SECTION 8 - GENERAL PROVISIONS
Prohibited Signs
8.1
No person shall erect any of the following signs:
(a)
a roof sign;
(b)
a sign that is affixed to a shed, tree, pole, hydro or telephone pole,
city post, traffic light, lamp post, fence, another sign or any other
structure or painted on a rock surface if that sign is visible from
either a street or a private road;
(c)
a sign that imitates, resembles or could reasonably be mistaken for
a traffic control signal or an official sign;
(d)
a sign that obstructs the flow of a ditch, drain, or water course;
(e)
a sign that could obstruct the view or the visibility of:
(i)
vehicular or pedestrian traffic using or entering a street or
railway crossing,
(ii)
a traffic control signal, or
(iii)
an official sign;
(f)
a sign that interferes with vehicular or pedestrian movement to
such a degree that it becomes or creates a nuisance or a hazard for
any vehicle or person;
(g)
a sign located within a visibility triangle, including:
(i)
a sign measuring more than 0.3 m2 at a street corner
within a visibility triangle formed by measuring 6 m along
the lot lines from the intersection of any two streets or at
the intersection of two parts of the same street meeting at
an angle of not more than 135 degrees,
(ii)
a sign that is greater than 75 cm in height at any point
within a visibility triangle formed by measuring 2 m along
the lot line and a driveway, at the intersection of the
driveway and the lot line abutting the street, and
(iii)
a sign within 6 m of a traffic control signal;
(h)
a sign that is illuminated or animated or creates noise in such a
way that it constitutes a hazardous distraction for vehicular or
pedestrian traffic;
(i)
a sign structure that could, in any manner, endanger a person or
property;
(j)
a sign that interferes with electrical light, power or telephone wires;
(k)
a sign that obstructs:
(i)
an entrance or exit to a building,
(ii)
an emergency exit,
(iii)
an emergency standpipe,
(iv)
a fire hydrant, or
(v)
any means of access by an emergency service to any part
of a building.
8.2
No person shall use or park a vehicle or any part of a vehicle on any
premises for the sole purpose of an advertising device.
Maintenance of Signs
8.3
Every owner of a permanent or temporary sign shall ensure that the sign is
maintained in a proper state of repair so that such sign does not become
unsafe, structurally unsound, unsightly or dangerous.
8.4
Every owner of the premises on which a permanent or temporary sign that
has been defaced, damaged or destroyed is located shall immediately repair
the sign to its original condition or remove it.
8.5
Where a sign structure has a missing face, the owner of a permanent sign
shall ensure that, in lieu thereof, it has a solid, opaque or translucent panel
completely covering the sign face opening.
8.6
Every owner of a permanent or temporary sign shall ensure that the
materials and structures comply with all governing requirements of the
Building Code, the electrical safety authority or any other code or legislation
having jurisdiction over such matters.
8.7
Despite any provision of this by-law, the owner of a permanent or temporary
sign shall locate the sign so as to be serviceable entirely from the premises
upon which the sign is located.
Content
8.8
The message and content of any new permanent or temporary sign shall be
written in both official languages of Canada. The lettering of a permanent or
temporary sign (dimension and style) must be identical in French and in
English; however the name of the business can be unilingual.
8.8.1 Unilingual
schools
and
churches
shall
be
exempt
from
conforming with section 8.8 of this by-law. (amended by By-law
2017-66)
8.9
For the purpose of Section 8.8, a double-faced sign may have the message
or content written in English on one side and French on the other side.
8.10 For the purpose of Section 8.8, two otherwise identical wall signs placed
adjacent to one another may have the message or content written in English
on one sign and French on the other sign.
8.11 For the purpose of Section 8.8, a billboard sign with a changing message
may have the message content written in English or in French at any given
time, however all messages must be available in both languages within the
same day.
8.12 The message, logos, graphics displayed on any sign shall not promote
violence, hatred and discrimination on the basis of race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age,
marital status, family status, disability or contempt against any identifiable
group.
8.13 The message, logos, graphics displayed on any sign shall not be disrespectful
or contain profanity or obscenity.
8.14 The message, logos, graphics displayed on any sign shall not promote
unlawful activity.
8.15 Signs depicting gruesome pictures such as skulls, skeletons and signs
depicting pornographic scenes are prohibited.
Message Centre
8.16 A message centre sign may be incorporated as a portion of a ground sign or
as a portion of a wall sign, provided that:
(a)
the area of the message centre portion of the sign face is no
greater than twenty-five per cent (25%) of the permitted area of
the sign.
Illumination
8.17 In a commercial, industrial, or community facilities zone, a sign for which a
valid permit has been issued may be illuminated either internally or
externally, unless it is within 30 m of a residential building in a residential
zone and it is visible from a residential building in a residential zone.
8.18 Externally illuminated signs shall be designed such that the lighting is
directed to shine down and away from abutting residential uses as well as
streets or pathways.
8.19 A temporary sign may be illuminated through indirect lighting reflected off
the sign message only.
SECTION 9 - PERMANENT SIGNS
9.1
No person shall erect a permanent sign without first obtaining a permit and
such signs shall be in compliance with the provisions of this section.
Home Based Business and Bed and Breakfast Signs
9.2
A sign for a bed and breakfast or home based business may be a wall sign, a
window sign, a projecting sign, or a ground sign, provided it is:
(a)
no larger than 0.5 m2;
(b)
in the case of a ground sign, no more than 1.5 m in height;
(c)
in the case of a wall sign, a window sign, or a projecting sign,
located on the ground floor of the dwelling or accessory building in
which the business is located;
(d)
the only sign on the property.
9.3
A sign for a bed and breakfast or home based business shall not be a ground
sign if located within the urban area or a community policy area.
Wall/Window/Projecting Signs
9.4
Wall signs, window signs, and projecting signs are permitted in the following
zones: Residential, Commercial, Industrial, Core Area, Institutional, Rural,
Agricultural.
9.5
No person shall erect a wall sign or a window sign unless it complies with the
regulations set out in Table 9.1 as follows:
Table 9.1 - Wall Signs and Window Signs
Zone
Area (maximum)
Commercial
15% of the wall area
Industrial
15% of the wall area
Core Area
15% of the wall area
Institutional
10% of the wall area
Rural
10% of the wall area
Agricultural
10% of the wall area
9.6
Any number of wall signs shall be permitted on a single building, provided
the total sign face area of all signs does not exceed the permitted percentage
of the wall area indicated in Table 9.1.
9.7
No person shall erect a projecting sign larger than 2 m2.
9.8
A wall, window, or projecting sign must be located on the side of the building
which faces the street or the parking area for the business or organization to
which it relates and must be visible from the street.
9.9
No person shall erect a wall, window, or projecting sign in a location other
than on the first or second storey.
Ground Signs
9.10 Ground signs are permitted in the following zones: Residential, Commercial,
Industrial, Institutional, Rural, Agricultural.
9.11 No person shall erect a ground sign unless it complies with the regulations
set out in Table 9.2 as follows:
Table 9.2 - Ground Signs
Zone
Height (maximum)
Area (maximum)
Residential
1.5 m
1.5 m2
Commercial
8.5 m
16 m2
Industrial
8.5 m
16 m2
Institutional
2 m
3 m2
Rural
3 m
4 m2
Agricultural
3 m
4 m2
9.12 In a residential zone, the only ground signs permitted shall be those for
home based businesses in conformity with the provisions of Section 9.2 and
those for the identification of apartment buildings.
9.13 No more than one ground sign shall be permitted relating to the same
business or organization on the same property.
9.14 A ground sign shall be located on the premises of the business or
organization to which it relates.
9.14.1 Registered non-profit organizations shall be exempt from conforming
to section 9.14 of this by-law. (amended by By-Law 2018-67)
9.15 No ground sign shall be erected within 25 m of another ground sign.
9.16 Every ground sign shall be:
(a)
at least 1.5 m from any property line; and
(b)
at least 0.5 m from a parking lot or other area usually travelled or
used by motor vehicles.
Development Signs
9.17 Development Signs are permitted in the following zones: Residential,
Commercial, Industrial, Rural.
9.18 No person shall erect a development sign unless it complies with the
regulations set out in Table 9.3 as follows:
Table 9.3 - Development Sign
Size of development
Height (maximum)
Area (maximum)
Fewer than 10 units/lots
3 m
2 m2
Between 10 and 25 units/lots
5 m
6 m2
Between 25 and 50 units/lots
6 m
12 m2
Over 50 units/lots
7 m
20 m2
9.19 A development sign shall be a minimum of 3 m from any property line,
driveway, parking lot or other area usually travelled or used by motor
vehicles.
9.20 A development sign shall be removed within 30 days of all units being built.
9.21 A maximum of 4 directional development signs may be permitted for a single
development with each sign having a maximum area of 1 m2, and a
maximum height of 1.5 m.
9.22 A directional development sign shall be a minimum of 1.5 m from any
property line, driveway, parking lot or other area usually travelled or used by
motor vehicles.
9.23 A development sign must be located on the same property as the
development and a directional development sign must be located within 3 km
of the development to which it relates.
Billboard Signs
9.24 Billboards are only permitted to be erected along County Roads in the
following zones: Commercial, Industrial, Rural.
9.25 Billboards shall have a maximum sign face area of 18.5 m2 and a maximum
height of 9 m.
9.26 No person shall erect a billboard sign within:
(a)
25 m of a County Road right-of-way,
(b)
15 m of a traffic control signal,
(c)
60 m of a residential building in a residential zone or a vacant lot in
a residential zone,
(d)
300 m of another billboard sign, or
(e)
15 m of another permanent sign of any type.
9.27 No permit is required to change the content of a billboard sign.
SECTION 10 - TEMPORARY SIGNS (all of section 10, amended by By-law 2016-100)
10.1 No person shall erect a temporary sign without first obtaining a permit and
such signs shall be in compliance with the provisions of this section.
10.2 Every temporary sign shall be located on the premises of the business or
organization to which it relates.
Banner Signs and Mobile Signs
10.3 Mobile signs and banner signs are not permitted in a residential or
agricultural zone.
10.4 A mobile sign shall have a height not exceeding 2.7 m as measured from
grade.
10.5 The sign face area of a mobile sign or a banner sign shall not exceed 4.5 m2.
10.6 A banner sign shall be affixed to the exterior wall of a building on the subject
premises or business.
10.7 No mobile sign shall be erected within 25 m of another mobile sign.
10.8 A mobile sign shall be:
(a)
at least 1.5 m from any property line; and
(b)
at least 0.5 m from a parking lot or other area usually travelled or
used by motor vehicles.
10.9 A mobile sign or a banner sign may be permitted for a period of time not
exceeding 120 days commencing on the date indicated on the permit.
10.10 A maximum of 4 temporary sign permits may be issued for a mobile sign or a
banner sign for the same business on the same premises within a one year
period, provided that the cumulative total of the time periods for which the
signs are permitted does not exceed 120 days within a one year period
commending on the date indicated on the permit.
10.11 No more than one mobile sign and no more than one banner sign shall be
permitted relating to the same business or organization on the same
property at the same time.
10.12 A maximum of two mobile signs per event or program organized by a not for
profit organization shall be permitted to be displayed at the same time,
provided they are located on different properties.
10.13 Notwithstanding section 10.2, a mobile sign for an event or program
organized by a not for profit organization may be permitted on any private or
public property with permission from the property owner.
Inflatable Signs
10.14 An inflatable sign shall have a maximum height of 3 m measured from grade
and a maximum width of 3 m.
10.15 An inflatable sign shall be located:
(a)
on a premises having a frontage of at least 15 m,
(b)
at least 3 m from any property line,
(c)
at least 3 m from any driveway entrance and exit,
(d)
at least 10 m from any other temporary sign on the same premises
or abutting premises, and
(e)
at least 60 m from a residential building in a residential zone.
10.16 An inflatable sign shall be affixed to the ground and properly secured to the
satisfaction of the Manager and shall not be placed in such a way that it
extends above a roof line of a building or structure.
10.17 A temporary sign permit that is issued for an inflatable sign shall permit the
placement of the inflatable sign for a period of no more than seven
consecutive days within a six month period from the first day the temporary
inflatable sign is erected.
Other Temporary Signs
10.18 Any temporary sign that is a free-standing ground sign but not a mobile sign
must be a free standing sign which is placed on the ground but is not affixed
to the ground or embedded in the ground.
10.19 Such a temporary sign shall have a maximum height not exceeding 2.7 m
and shall have a maximum sign face area not exceeding 4.5 m2.
10.20 Such a temporary sign may be permitted for the opening of a new business
or for the advertisement of a public event in the following zones: commercial,
core area, industrial, rural.
10.21 A temporary sign shall be:
(a)
at least 1.5 m from any property line; and
(b)
at least 0.5 m from a parking lot or other area usually travelled or
used by motor vehicles.
10.22 A permit for such a temporary sign may be given for a time period not
exceeding 60 days.
SECTION 11 - SIGNS THAT DO NOT REQUIRE A PERMIT
11.1 Notwithstanding the requirements of section 5.1, section 9.1, and section
10.1, the following signs listed in Column A of Table 11.1 do not require a
sign permit if erected for the period of time specified in Column B, in the
zone specified in Column C, not exceeding the dimensions specified in
Column D, and not exceeding the number of signs specified in Column E.
Table 11.1 - Signs that do not require a permit
Column A
Column B
Column C
Column D
Column E
Sign Type
Time
limit
(maximum)
Zone(s)
Dimensions
(maximum)
Number of Signs
(maximum)
Gasoline
pump
island sign
none
Commercial,
industrial
3.5
m
height
above grade
1 per gasoline pump
Farm sign
none
Rural,
agricultural
4 m2
1 per farm
Wall
sign
on
a
temporary
sales
centre building
none
all zones
15% of the wall
area
No limit
Election sign
60 days before
election day and
7
days
after
election day
All zones
None
No limit
Incidental sign
none
All zones
0.3 m2
No limit
Real estate sign
15 days after the
property is sold
All zones
commercial,
industrial,
rural,
and agricultural: 6
m2;
any
other
zone: 1 m2.
1 per street frontage
Contractor sign
60 days
All zones
0.3 m2
1 per street frontage
Farm produce sales
sign
Seasonal
(May
1st to November
1st)
All zones
2 m2
Any
number,
provided
the
total
sign face area of all
signs
on
the
property
does not
exceed 5 m2
For sale /garage sale
sign
15 days
All zones
0.07m2
3 per person/ per
garage sale
A-frame sign
Seasonal
(May
1st to November
1st)
Commercial,
core area
Width
60cm,
length
75
cm,
height 1 m
2
per
business/
organization
Tear drop sign
Seasonal
(May
1st to November
1st)
Commercial,
industrial, core
area, rural
Height 2 m
2
per
business/
organization
Sign advertising a
local
public
event
organized by a non-
profit
or
governmental
organization
30 days
All
zones
except
residential
zones
0.3 m2
20 in all of Clarence-
Rockland per event
11.2 Every gasoline pump island sign, farm sign, real estate sign, or farm produce
sales sign shall be located on the premises where the advertised item is
being sold.
11.3 The
following signs
are
permitted on public property without an
encroachment permit and are exempt from the requirements of Section 5.9
of this By-law, provided they conform to the time limit, zone, and dimension
requirements of Table 11.1:
(a)
election signs;
(b)
for sale/garage sale signs;
(c)
A-frame signs;
(d)
signs advertising a local public event organized by a non-profit or
governmental organization.
11.4 Despite the provisions of Table 11.1, a maximum of two contractor signs
which have the dual purpose of advertising snow removal and acting as a
marker to identify the edge of a driveway may be permitted on a single
property provided that:
(a)
they are placed at the edges of a legal driveway,
(b)
they are not erected prior to November 1st and do not remain on
the premises after April 30th of any year,
(c)
the total sign face area of the two signs does not exceed 0.3 m2,
and
(d)
the width of each sign be no more than 15 cm.
11.5 A real estate sign shall be located on the property that is advertised for sale.
(amended by By-law 2016-100)
11.6 Despite Section 11.5, for a condominium property, the real estate sign
advertising the sale of a condominium unit may be located within the
municipal right of way of the public street on which the property has frontage
or access, provided it is a minimum of 1.0 m from the edge of the pavement
or sidewalk. (amended by By-law 2016-100)
11.7 In addition to Section 11.6, the location of a real estate sign on City property
for the sale of a condominium unit is also subject to any Condominium
Corporation's by-laws or regulations. (amended by By-law 2016-100)
11.8 In addition to other permitted real estate signs, a maximum of two
temporary real estate signs for the purpose of advertising an open house at a
property which is listed as being for sale may be permitted on public property
within the road right of way of an adjacent street, provided: (all section 11.8,
amended by By-law 2016-100)
(a)
the sign must be located a maximum of 1km from the property it
advertises; and
(b)
the sign must be either
(i)
an A-frame sign with a maximum width of 60 cm, a
maximum length of 75 cm, and a maximum height of 1 m,
or
(ii)
a sign temporarily affixed to the ground with a maximum
area of 0.3 m2.
11.9. Temporary election signs pertaining to municipal, county, provincial or
federal elections. (all of section 11.9, amended by By-law 2017-162)
i)
No person shall place or permit to be placed an election sign earlier
than 60 days prior to Election Day.
ii)
No person shall fail to remove their election signs within 7 days
following Election Day.
iii)
No person shall place or permit to be placed an election sign that:
a)
is illuminated;
b)
interferes with the safe operation of vehicular traffic or the
safety of pedestrians; or
c)
impedes or obstructs the City's maintenance operations
iv)
No person shall place or permit to be placed an election on or in a
voting place as designated by the Clerk.
v)
No person shall place or permit to be placed an election sign on any
tree, bridge, traffic control sign, guardrail or other form of traffic safety
structure or facility, utility pole or equipment, or any other similar type
of sign, structure, facility or equipment located within the limits of a
road allowance.
vi)
No person shall place or permit to be placed an election sign municipal
properties, including but not limited to parkland, and other lands,
buildings and facilities owned by the City of Clarence-Rockland.
vii)
No election sign shall display a logo, trademark or official mark, in
whole or in part, owned or licensed by the City.
viii)
An election sign purchased by or under the direction of a candidate,
shall display the name of the candidate and include a telephone
number, mailing address or email address at which the candidate may
be contacted regarding the sign.
ix)
An election sign purchased by or under the direction of a registered
third party, as defined in the Municipal Elections Act, shall
predominantly display the name of the candidate, but shall display the
name of the registered third party and include a telephone number,
mailing address or email address at which the registered third party
may be contacted regarding the sign.
SECTION 12 - ENFORCEMENT
Entry
12.1 The Director or an Officer may, at any reasonable time, enter upon any land
and into any building for the purpose of:
(a)
inspecting a sign;
(b)
determining whether the sign has been erected or maintained in
compliance with:
(i)
this by-law,
(ii)
a condition of a permit issued under this by-law, or
(iii)
an order made under this by-law.
Notice of Violation
12.2 Where a sign is not erected or maintained in compliance with a provision of
this by-law, or in accordance with the conditions of a permit issued under
this by-law, or is in an unsafe condition, the Director or an Officer may make
a Notice of Violation, requiring the contravener to remove the sign or correct
the violation and bring the sign into conformity in the manner and within the
time specified in the Notice.
12.3 The Notice of Violation referred to in Section 12.2 or a notice of revocation
referred to in Section 5.8 shall be served by registered mail or in person to
the permit holder, property owner or owner, or other persons whom the
Manager, Director or an Officer believes is contravening this by-law.
Contents of Notice of Violation
12.4 The Notice of Violation referred to in Sections 12.2 and 12.3 shall:
(a)
include the name of the permit holder or owner, if applicable;
(b)
set out the contravention or unsafe condition;
(c)
identify the required corrective action;
(d)
provide a deadline for compliance; and
(e)
include a statement that if the requirements of the Notice of
Violation have not been complied with within the time specified, the
Director, their contractor or other agent may enter the property
and pull down or remove the sign and in so far as possible restore
the site to its original condition at the expense of the owner without
any further notice.
Non-Compliance with Notice of Violation
12.5 In addition to any other enforcement action, where a Notice of Violation
under Section 12.4 is not complied with within the time specified in the
Notice, the Director may have the sign removed and the site restored as
reasonably as possible to its original condition and, for this purpose, the
Director, their contractor or other agent may at any time enter upon the land
containing the sign in respect of which the Notice was made.
12.6 After making a Notice of Violation under Sections 12.2 and 12.3, and where
the sign is in an unsafe condition, the Director may, either before or after the
Notice is served, have the sign removed and in so doing may take any
intermediate measures as are considered necessary to terminate any
immediate danger and, for this purpose, the Director, their contractor or
other agent may at any time enter upon the land containing the sign in
respect of which the Notice was made.
Removal of Sign
12.7 Where a permanent or temporary sign is placed contrary to any provisions of
this by-law, the Director may pull down or remove the sign or cause the sign
to be pulled down or removed at the expense of the owner.
Sign to be Stored
12.8 A permanent or temporary sign that is caused to be removed by the Director
pursuant to this by-law shall be stored by the City for at least thirty (30)
days, during which time the owner or agent may claim and retrieve the sign.
Sign May Be Destroyed
12.9 If the permanent or temporary sign that is removed pursuant to this by-law
is not claimed and retrieved by the owner or agent within thirty (30) days of
its removal:
(a)
the Director shall be authorized to destroy or otherwise dispose of
any sign without any notice or compensation to the owner thereof.
Costs to be recovered
12.10 The costs incurred by the City in removing a sign, restoring a site or
destroying a stored sign under Sections 12.5, 12.6, 12.7, 12.8, and 12.9,
including an administrative fee of ten (10) per cent and the cost of any
intermediate measures taken to terminate an immediate danger, is a debt
due to the City by the permit holder, property owner, or other person
deemed responsible, and may be recovered in any court of competent
jurisdiction.
12.11 Despite Section 12.10, the costs incurred by the City under Sections 12.2,
12.3, and 12.7 may be recovered by adding the costs and an additional
administrative fee of ten (10) per cent to the tax roll and collecting them in
the same manner as taxes.
Liability
12.12 The owner of a permanent or temporary sign and any person erecting,
causing to be erected, or maintaining any permanent or temporary sign or
sign structure shall be liable and responsible for such sign or sign structure.
Immunity and Indemnity
12.13 The City shall not be liable for any damage to or loss of a permanent or
temporary sign that was erected in contravention of the provisions of this by-
law and removed by the City.
12.14 The City shall not be liable for any loss of revenue resulting from the removal
of a sign pursuant to the provisions of this by-law.
12.15 The City is hereby indemnified and saved harmless from and against any and
all claims, demands, causes of action, loss, costs, damages, expenses or
otherwise arising from the erection, maintenance, removal or falling of such
sign, sign structure or part thereof.
General
12.16 Every person who contravenes any of the provisions of this by-law is guilty of
an offence.
12.17 No person shall knowingly provide false or incorrect information for the
purposes of obtaining a permit.
12.18 No person shall contravene a term, provision or restriction in a permit that
was imposed by the Manager, the Director, or by Council as a condition of
issuing the permit.
12.19 No person shall obstruct, hinder or otherwise interfere with an Officer in the
performance of his or her duties under this by-law.
12.20 No permit holder shall fail to produce his or her permit for inspection upon
the request of the Manager, the Director, or an Officer.
12.21 No person shall fail to comply with a Notice of Violation made pursuant to
Section 12.2 and served pursuant to Section 12.3.
12.22 Every person who is convicted of an offence under this by-law is liable to a
fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33,
as amended.
12.23 When a person has been convicted of an offence under this by-law:
(a)
the Ontario Court of Justice; or
(b)
any court of competent jurisdiction thereafter,
may, in addition to any other penalty imposed on the person convicted,
make an order prohibiting the continuation or repetition of the offence by
the person convicted.
Repeal
12.24 The following by-law is repealed:
(a)
By-law No. 2012-35 of the Corporation of the City of Clarence-
Rockland entitled "Signs By-law", as amended.
ENACTED AND PASSED IN OPEN COUNCIL, THIS 11th DAY OF JANUARY, 2016.
_______________________ _____________________
Guy Desjardins, Mayor
Monique Ouellet, Clerk