Sign By-law No. 2021-24 (consolidated to Jan 15, 2026)
Niagara Falls, Ontario
· adopted 2021-02-09
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CITY OF NIAGARA FALLS
By-law No. 2021-24
A by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising
devices on public and private property within the City of Niagara Falls.
WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a
municipal corporation has the powers of a natural person including by-law making powers
respecting signs.
AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed
applicable to the by-law making powers respecting advertising devices including signs.
AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation
including public meetings and direct consultations with representatives of the business
community and sign industry.
AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the
City for purposes of public safety and public aesthetics.
AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes
provisions concerning signs.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
1.0
TITLE
This By-law shall be known and cited as the "Sign By-law".
2.0
DEFINITIONS
The following definitions shall apply for the purposes of this By-law:
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 and includes flags, banners,
pennants and lights.
Agricultural land use means the use of land, buildings or structures for agriculture or
agricultural-related uses or land zoned Agriculture in the Zoning By-law.
Agricultural sign means a sign erected on an agricultural land use.
Awning means a fabric over frame structure that projects from the exterior wall of a
building that provides shade or other weather protection.
Awning sign means a sign that is marked or inscribed upon or within the fabric of an
awning.
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Banner means a sign or advertising device made from cloth, plastic or a similar
lightweight non-rigid material erected upon or supported by one (1) or more poles and
includes a flag, pennant or other similar device.
Bench sign means a sign painted on or attached to a bench.
Billboard means a permanent outdoor third party sign erected and maintained by a
person, company, or business engaged in the sale or rental of the sign or the use of the
sign to a clientele.
Building face means an exterior wall of a building.
Canopy means a permanent, rigid, roof like structure that is attached to and supported
by the exterior wall of a building and may be supported from the ground.
Canopy sign means a sign attached to, marked or inscribed on a canopy.
Chief Building Official shall mean the person and/or his designate, so appointed by
Council pursuant to the Building Code Act.
City means The Corporation of the City of Niagara Falls.
Community bulletin board means a bulletin board designated by the City upon which a
poster may be placed by members of the public.
Community Event sign means a temporary sign that is erected for a local charitable
community event and may be erected 7 days prior to the event and must be removed 72
hours after the event has concluded.
Construction sign means a type of temporary sign that provides information about the
activity occurring at a construction site.
Council means the Council of The Corporation of the City of Niagara Falls.
Directional sign means a free-standing sign that gives directions or instructions for the
control of vehicular or pedestrian traffic on a property.
Directory sign means a sign listing the tenants of a building containing at least two (2)
distinct tenant units and that displays only the name and address of the tenants or
occupancies for identification purposes.
Electronic Message Centre sign (EMC) means a sign that is capable of displaying
words, symbols, figures or images as copy, which can be electronically changed by
remote or automatic means. This could include full motion video or fixed copy that
changes.
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Fascia sign means a sign attached to, marked or inscribed on, erected or placed against
a wall forming part of a building on a plane at any angle greater or less than ninety degrees
to the plane of the building's wall.
First party sign means a sign which advertises, promotes, or directs attention to
businesses, goods, services matters or activities that are only available at or related to
the premises where the sign is located.
General ground sign means a ground sign supported by the ground with a maximum
vertical clearance of 0.75 metres between grade and the base of the sign.
Grade means the average surface elevation of the finished ground below a sign or the
point where the ground is in contact with any sign, building, or other structure.
Ground sign means a sign directly supported by one (1) or more uprights, poles or
braces or located on a structural base placed in or upon the ground and includes a pylon
sign.
Illumination study shall mean a study completed by a qualified professional that
examines the impact of the illumination from a sign on adjacent areas and properties.
Information sign means a sign installed for public safety or convenience regulating on
premises traffic, parking or a sign denoting sections of a building and displaying no
commercial advertising.
Institutional land use means the use of land, buildings or structures for any use
permitted under the Institutional zone or land zoned Institutional in the Zoning By-law.
Institutional sign means a sign installed on an institutional land use.
Legal Non-conforming sign means an existing sign, legally erected prior to December
15, 2008 and for which a permit was previously obtained and which does not conform
with any or all of the provisions of this by-law, as amended.
Logo sign means a sign attached to the wall of a building and located at the uppermost
storey of a building and consisting solely of a graphic, corporate symbol or trademark
used to identify a particular building or premise or a particular occupant of a building.
Lot means a parcel of land fronting onto a street, which may be described by metes and
bounds in a registered deed or be shown in a registered plan of subdivision. Contiguous
lots in common ownership and occupied by a single building shall be deemed to be a
single lot for the purpose of this By law.
Mansard roof means a roof having two (2) slopes on all sides with the lower slope at an
angle of not less than 60 degrees and steeper than the upper slope.
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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 the drive-through
business.
Murad means any type of display or artistic endeavour applied as paint, film or other
covering to an external wall or other integral part of a building or structure which may
include words or advertisement or other promotional message or content, including logos
or trademarks.
New development sign means a first party sign or third party sign which identifies or
provides information relating to or advertising the development or construction of a
building or buildings.
Official population means the total number of residents of the City of Niagara Falls as
determined by the most recent population census completed by the Government of
Canada.
Official sign means a sign erected by a public authority for the purposes of that public
authority.
Owner means the registered owner of the premises on which a sign is located or is
proposed to be located.
Park means any publicly owned or publicly controlled land that is used or intended to be
used for outdoor recreation, green space or as a natural buffer.
Person means an individual, firm, corporation, association or partnership.
Portable sign means a sign not permanently anchored to the ground or attached to a
building and designed in a manner as to be capable of being moved from place to place.
Without limiting the generality of the foregoing, this definition shall include a mobile sign,
sandwich board sign, A-frame sign, and inflatable sign.
Poster means a printed notice conveying information intended to be displayed for a
temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet,
notice and placard.
Premises means a lot and includes all buildings and structures thereon.
Projected image sign means a sign which consists of an image projected onto a wall,
sidewalk or other surface.
Projecting sign means a building mounted sign with the sign faces perpendicular to the
building fascia, excepting an awning sign and a canopy sign.
Property line means the boundary of a lot.
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Public property means property, land or a building owned by the City, The Regional
Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as
defined in the Municipal Affairs Act, as amended.
Pylon sign means a ground sign with a minimum vertical clearance of 2.7 metres
between the grade and the lowest part of the sign face.
Readograph means a sign or part thereof, composed of alpha-numeric characters which
is changed either manually or electronically.
Region means The Regional Municipality of Niagara.
Regulation means, unless the context indicates a reference to provincial or federal
regulations, any standard, rule, requirement or prohibition set out in this by-law.
Residential land use means the use of land, buildings or structures exclusively for
human habitation.
Roof sign means a sign supported entirely or partly by the roof of a building or structure
and projects above the roof and parapet and shall not include a sign painted onto a roof.
Sign means any surface, structure and other component parts, which are used or capable
of being used as a visual medium or display to attract attention to a specific subject matter
for identification, information, or advertising purposes and includes an advertising device
or notice.
Sign area means the total area of the surface of every face of a sign including the border
or frame, together with any material forming an integral part of the background of the
display or used to differentiate the sign from the backdrop or building against which it is
erected. Where there is no border or the sign is composed of individually installed letters,
numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear
outline that uses the least number of horizontal and vertical lines to enclose the grouping
of letters, numerals, or shapes.
Sign District means an area defined by the City for the purpose of prohibiting or
regulating the placing or erecting of signs, notices, and advertising devices.
Sign face means that portion of a sign upon which or through which the message of the
sign is displayed.
Sign uniformity plan means drawings and specifications approved by the City showing
the arrangement of all wall signs erected and to be erected on a building or premises
containing more than one (1) occupancy, and providing details of the type, character,
height, and design of the signs in relation to the architectural features of the building.
Street means any highway as defined in the Municipal Act, 2001.
Streetline means and is the property line between a lot and a street.
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Temporary sign means a sign anchored to the ground but erected for a limited period of
time. Without limiting the generality of the foregoing, this definition shall include a real
estate sign, construction sign, election sign, portable signs, sale banner, and new
development sign.
Third party sign means a sign which advertises, promotes, or directs attention to
businesses, goods, services matters or activities that are not available at or related to the
premises where the sign is located.
Visual impact study means a study that demonstrates through graphics and other
means, the expected visual appearance a sign will have at its proposed locations within
its surroundings as viewed from relevant vantage points.
Wall area means the total area of an upright or vertical side of a building including any
articulations.
Wall sign means a sign attached to or 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 awning
signs, fascia signs, and murads.
Window sign means a sign posted, painted, or affixed in or on a window exposed to
public view.
I.
ADMINISTRATION
3.0 ADMINISTRATION
3.1.
Interpretation
3.1.1.
Words importing the singular number or the masculine gender only shall
include more persons, parties or things of the same kind than one, and
females as well as males and the converse.
3.1.2.
The Chief Building Official or his designate shall determine the type of
sign that any particular sign is and his determination of this issue shall
be final.
3.2.
Administration
3.2.1.
The Chief Building Official and/or his designate shall be responsible for
the administration of this By-law.
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3.3.
Permits
3.3.1.
Except for signs referred to in section 3.5.1, no person shall erect,
display or maintain a sign on private property unless a permit is obtained
under the provisions of this By-law prior to the erection for that sign.
3.3.2.
All signs shall conform to the provisions of this By-law.
3.3.3.
A permit shall be refused if the proposed sign does not comply with this
or any other By-law of the City or Region, or Provincial or Federal
statute, regulation or approval.
3.3.4.
(1) A permit issued by the City for a sign shall expire six months from
the date of issuance unless the sign is erected for its intended
purpose.
(2) In the event that an application is made to extend the six month
period referred to in subsection 3.3.4(1) above, prior to the expiration
of that six month period the time to erect the sign may be extended
for a further six months by the Chief Building Official.
(3) A permit may only be extended once.
3.3.5.
When a sign is removed, the permit issued for that sign shall be deemed
to be revoked.
3.3.6.
The City may revoke a permit under the following circumstances:
(a) The City issued the permit in error, or
(b) The sign does not conform to this By-law, the Ontario Building
Code, or any other applicable regulation or legislation or approval,
or
(c)
The permit has been issued as the result of false, mistaken,
incorrect, or misleading statements, information, or undertakings
on the application, plans, drawings, sketches and other documents
submitted with the application, or
(d) The sign is causing, will cause or is contributing or will contribute
to a hazardous condition.
3.3.7.
If a building permit is issued for a sign that building permit is deemed to
be a sign permit for the purposes of this By-law.
3.3.8.
The provisions of this By-law shall not apply to prevent the installation of
a sign for the purpose of public service by The Corporation of the City of
Niagara Falls, The Regional Municipality of Niagara, any local board as
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defined in the Municipal Affairs Act, R.S.O 1990, c.M.46, the Niagara
Peninsula Conservation Authority, The Niagara Parks Commission, the
Ministry of Training, Colleges and Universities Act, R.S.O.1990, c.M.19;
and any Department or Ministry of the Government of Canada or Ontario
including Ontario Hydro, or by any railway, power commission,
telephone, telecommunication, or gas company or other utility supplying
public services provided that the sign shall be designed and installed in
accordance with the general character of the sign district and general
regulations of the sign type.
3.4.
Application for Permit
3.4.1.
The applicant for a permit shall be the owner of the property or building
on which the sign is to be erected or the authorized agent of the owner.
3.4.2.
The applicant shall file with the City an application for a permit on the
prescribed form.
3.4.3.
The applicant for a permit shall provide to the City:
(a) A completed application in the form prescribed by the City;
(b) The written authorization of the owner where the applicant is not
the owner of the property or building where the sign is to be
erected;
(c)
A drawing showing the location and dimensions of all existing and
proposed signs, and identifying the materials of which the
proposed sign is to be constructed;
(d) A site plan showing the location of the sign in relationship to other
buildings and structures, the street, and the boundaries of the
property upon which the sign is proposed to be erected;
(e) Sufficient information for the Chief Building Official to determine
that the sign has been designed and will be constructed in
compliance with the applicable structural and fire prevention
provisions of the Ontario Building Code.
3.4.4.
An application for a fascia sign for a building or property containing more
than one (1) occupancy or tenant shall include a sign uniformity plan
where signs are proposed for more than one (1) occupancy or tenant.
3.4.5.
Prior to applying to the City for a permit, the applicant shall obtain
approval for the proposed sign, if required, from any other governmental
authority having jurisdiction over the sign.
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3.4.6.
Notwithstanding section 3.4.5 above, in the case of a sign subject to the
jurisdiction of Niagara Parks Commission, the approval of the Niagara
Parks Commission may be obtained after the application has been made.
3.4.7.
Notwithstanding section 3.4.5 if the Chief Building Official believes
unreasonable delays in the process would occur he may issue a
conditional sign permit following as closely as possible the rules and
procedures of the Building Code Act, 1992, S.O. 1992, c. 23, any
replacement legislation to that Act and any regulations promulgated
pursuant to that Act or replacement legislation for the issuance of
Conditional Building Permits.
3.4.8.
Fees payable at the time of the application shall be in accordance with
the permit fee structure adopted by the City and shall be paid prior to the
City accepting any sign permit application for processing.
3.5.
Signs for Which a Permit is Not Required
3.5.1.
No sign permit shall be required for the following signs, provided the
erection of such sign complies with all other provisions of this by-law and
that a valid building permit is issued by the City, where required by the
Ontario Building Code, to permit the erection of such sign:
(a) Signs to be located on lands that lie within an area that is under
the jurisdiction of the Regional Municipality of Niagara, the Niagara
Escarpment Commission or the Ministry of Transportation,
provided that:
(i)
a permit has been issued by the agency having jurisdiction;
and
(ii)
a valid building permit has been issued by the City for the
following types of signs prior to the commencement of
erection of such sign:
A. Ground signs exceeding 7.5 metres (24.6 ft.) in height;
B. Roof signs exceeding 10 square metres in sign area; and
C. Billboard signs.
(b) Official signs or signs pertaining exclusively to public safety;
(c)
Flags
of
corporations,
nations,
educational,
or
religious
organizations provided not more than three (3) flags are located at
one (1) premises;
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(d) A poster affixed to a community bulletin board in accordance
with the provisions of this By-law;
(e) A sign containing the name and address of a resident or occupant,
provided the sign is not more than 0.2 square metres in sign area
and does not include any commercial advertising for a residential
land use of less than six (6) dwelling units;
(f)
A sign containing the name and address of the building, provided
the sign is not more than 2.4 square metres in sign area and does
not include any commercial advertising for a residential land use
of six (6) or more dwelling units;
(g) Information signs not more than 0.4 square metres in sign area;
(h) Real estate signs not more than 0.5 square metres in sign area in
a residential zone and 2.0 square metres in all other areas. Such
real estate sign shall be removed within 14 days after the date of
closure of an offer of purchase or lease of the premises;
(i)
A window sign on the first storey of a building occupied by a
commercial use provided the window sign is not more than 20%
of each window section or pane;
(j)
Directional sign not more than 0.5 square metres in sign area
and 1.2 metres in height;
(k)
An open house directional sign;
(l)
A construction sign not more than 5.0 square metres in sign area
and to be removed within 30 days of the construction being
completed or discontinued;
(m) A sign for a contractor undertaking landscaping, home repairs or
renovations, provided such sign is erected no more than two (2)
days prior to the commencement of the project and is removed from
the property immediately after the project is completed;
(n) A garage sale sign or a sign advertising a lost pet;
(o) Election signs;
(p) Community event sign not more than 3 m2 (32.29 sq. ft.) in sign
area;
(q) Menu board sign not more than 3.5 m2 (37.67 sq. ft.) in sign area
and not more than 3 m. in height.
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3.6.
Prohibited Signs
3.6.1.
Any sign not expressly permitted by this By-law is prohibited and without
limiting the generality of the foregoing, the following signs are specifically
prohibited:
(a) A sign located on or over public property;
(b) Bench sign;
(c)
A sign located so as to obstruct the view of any pedestrian or
motorist so as to cause an unsafe condition;
(d) A sign attached to or displayed on a vehicle or trailer which is
parked or located for the primary purpose of displaying the sign or
advertisement;
(e) A sign which obstructs or is located in a parking space that is
required to enable the premises upon which the portable or
temporary sign is located to comply with the requirements of a
City of Niagara Falls Zoning By-law;
(f)
A sign located in a daylight triangle;
(g) An inflatable sign;
(h) No sign located within 30 metres of an intersection shall contain
any green or red lettering or graphics that are illuminated or
flashing;
(i)
Any sign which violates in any way any statute, regulation or by-
law of the Government of Canada, the Province of Ontario, the
Region or the City.
Niagara Civic Convention Centre
3.6.2.
Notwithstanding the foregoing and the provisions of section 12.1, a
banner is permitted to be located on public property, in accordance
with the following:
3.6.2.1
The provisions of this section shall apply to any banner
erected by the Operator of the Niagara Civic and Convention
Centre Inc.
3.6.2.1.1.
In this part:
(a)
"Approved fixture" means a fixture for
erecting a banner, attached to a pole or
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structure in a location and of a
construction approved by the Director of
Municipal Works of the City within the
designated area.
(b)
"NCCC Banner" means a banner that
complies with the regulations of this by-
law and is authorized to be erected upon
an approved fixture by or at the direction
of the NCCC within the designated area
which relates to events to take place at
the Niagara Convention and Civic
Centre.
(c)
"Designated Area" means the area
designated on Schedule "B" for the
erection of NCCC Banners.
3.6.2.1.2.
No permit shall be required to erect an NCCC
Banner on an Approved Fixture.
3.6.2.1.3.
The Operator of the Niagara Civic and
Convention Centre Inc., or designate, shall obtain
written acknowledgment of any proposed banner
prior to installation.
3.6.2.1.4.
Contractors retained by the NCCC to erect NCCC
Banners shall comply with all applicable
standards, rules and regulations of the City
concerning or related to undertaking work in City
streets.
3.6.2.1.5.
An Approved Fixture may be located on public
lands.
3.6.2.1.6.
An NCCC Banner shall not be used for
advertising or promoting any event which is not
related to the NCCC or any business other than
the NCCC.
3.6.2.1.7.
All other relevant provisions of this by-law shall
apply to NCCC banners.
3.6.2.1.8.
The
appropriate
Business
Improvement
Association shall be consulted with by the
Operator of the Niagara Civic and Convention
Centre Inc. where the Designated Area
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intersects with a Business Improvement Area
prior to the installation of any banners.
Business Improvement Areas
3.6.2.2
The provisions of this Part shall apply to banners erected by
or at the direction of, Boards of Management of a Business
Area within the Business Improvement Area of that Board of
Management.
3.6.2.2.1 In this part:
(a)
"Approved fixture" means a fixture for
erecting banners, attached to a pole or
structure in a location and of a
construction approved by the Director of
Municipal Works of the City within the
Designated Area.
(b)
"BIA Banner" means a banner that
complies with the regulations of this by-
law and is authorized to be erected upon
an approved fixture by the Board of
Management of a Business Improvement
Area within the Business Improvement
Area
governed
by
the
Board
of
Management giving the approval and
which relates to events and businesses
within the BIA
3.6.2.2.2 No permit shall be required to erect a BIA Banner on
an approved fixture.
3.6.2.2.3 The Operator of the Niagara Civic and Convention
Centre Inc., or designate, shall obtain written
acknowledgment of any proposed banner prior to
installation.
3.6.2.2.4 Contractors retained by Boards of Management of
Business Improvement Areas to erect BIA banners
shall comply with all applicable standards, rules and
regulations of the City concerning or related to
undertaking work in City streets.
3.6.2.2.5 An Approved Fixture may be located on public lands.
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3.6.2.2.6 A BIA Banner shall not be used for advertising or
promoting any event which is not related to the BIA or
to any business located outside boundaries of the BIA.
3.6.2.2.7 All other relevant provisions of this by-law shall apply
to BIA banners.
3.6.2.3
Any banner installed in accordance with subsections 3.6.2.1
and 3.6.2.2 above shall comply with the following regulations:
3.6.2.3.1 A banner projecting over a sidewalk shall have a
minimum vertical clearance of 2.75.m between the
grade and the lowest part of the sign face.
3.6.2.3.2 A banner projecting over any portion of a road shall
have a minimum vertical clearance of 4.8m between
the road surface and the lowest part of the sign face.
3.6.2.3.3 A banner shall not be installed on poles supporting
traffic control signals or stop/yield signs.
3.6.2.3.4 A banner shall not be installed within 30m of a rail
crossing.
3.6.2.3.5 A banner shall not obstruct the visibility of traffic signs,
traffic signals or other traffic control devices.
3.6.2.3.6 A banner shall not resemble images or text that
imitates any official parking or traffic control signal,
sign or device.
4
GENERAL PROVISIONS
4.1
No sign shall be located so as to obstruct the view of the movement of traffic or
pedestrians upon any street or railway crossing to persons using or seeking to
use the street or railway crossing or of the view of any traffic signal located on or
near the street, lane, highway or railway crossing.
4.2
Except where otherwise permitted, no sign shall be fixed, attached to or painted
onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility
pole, street furniture, trash or recycling bin.
4.3
The owner of the premises upon which any sign is located, shall be responsible
for every aspect of any sign on that premises and, without limiting the generality
of the foregoing, shall obtain any licence required for the sign and maintain the
sign in a proper state of repair to prevent the sign becoming unsafe or
dangerous.
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4.4
No sign shall be located within 1.5 metres of an adjacent lot, except for a fascia
sign or wall sign where the adjacent lot line is a shared wall, or is on a structure
located on a street corner.
4.5
Any external lighting used to illuminate a sign shall be arranged to not direct light
onto an adjacent street or premises.
4.6
Except as provided for in clauses (e) and (f) of section 3.5.1 and section 15 of this
By-law no sign is permitted on a residential land use.
4.7
A sign must be located or displayed at a location where that type of sign is
permitted and must comply with the regulation applicable to that type of sign in
that location.
4.8
It is the express intent of Council that this by-law is not to be interpreted so as to
grant rights to Persons that they would not have enjoyed but for the passage of
this by-law.
4.9
The onus of demonstrating that a sign is not subject to the provisions of this by-
law shall be upon the owner of that sign.
4.10 Changes to a legal non-conforming sign including replacement of the sign
content and sign face or restoration, reinforcement and repair to the structural
elements of a sign shall be permitted provided all dimensions and location of the
sign remain exactly the same and shall be subject to obtaining the necessary
sign permit.
4.10.1 Where changes to a legal non-conforming sign necessitate the removal
or disassembly of structural elements, in whole or in part, it is deemed a
replacement sign which necessitates full compliance with all provisions
of this by-law and shall require a building permit.
4.10.2 A sign permit shall not be required for any alterations or repairs to a sign
for which a sign permit has been issued where such alterations or repairs
involve only a change in copy or the repainting, cleaning or other normal
activities provided the sign structure is not modified in any other way.
II.
SIGNS PERMITTED BY DISTRICT
5
SIGN DISTRICTS
5.1
(1)
For the purposes of this By law, the following Sign Districts shown in
Schedule "A" are hereby established for the regulation of signs in the City:
Downtown District, Fallsview District, Clifton Hill District, Lundy's Lane
District, Whirlpool District, Chippawa District, Commercial District and
Industrial District.
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(2)
The types of signs permitted in each district shall be as set out in Tables 1
and 2.
(3)
Where a type of sign is permitted, it shall be subject to the regulations
relating to that type of sign.
(4)
In addition to the regulations described in subsection 5.1(3) a sign shall
be subject to any special regulations that apply to that type of sign in the
Sign District where the sign is located.
5.2
(1)
Those areas of the City that are not within a Sign District listed above in
Article 5.1(1) and that are zoned any Neighbourhood Commercial
designation pursuant to By-law No. 79-200 as amended are designated
Neighbourhood Commercial Sign District for the purposes of this By-law.
(2)
Those areas of the City that are not within a Sign District listed above in
Article 5.1(1) and that are zoned any Commercial designation other than a
Neighbourhood Commercial designation pursuant to By-law No. 79-200 as
amended that are designated Commercial/Industrial Sign District for the
purposes of this By-law.
(3)
Those areas of the City that are not within a Sign District listed above in
Article 5.1(1) and zoned any Industrial designation pursuant to By-law No.
79-200 as amended that are designated Commercial/Industrial Sign
District for the purposes of this By-law.
- 17 -
Table 1
Sign Districts
Column 1
Column 2
Sign Type
Fallsview
Clifton Hill
Downtown
Ground Signs
Pylon Sign
Yes
Yes
No
General
Ground Sign
Yes
Yes
Yes
Wall Signs
Fascia Sign
Yes
Yes
Yes
Murad
Yes
Yes
No
Awning Sign
Yes
Yes
Yes
Logo Sign
Yes
Yes
Yes
Roof Sign
No
Yes
No
Projecting Sign
Yes
Yes
Yes
Canopy Sign
Yes
Yes
Yes
Billboard
see section 11.0
Portable Sign
No
No
Sandwich
Board Signs -
Yes
- 18 -
All
other
Portable Signs -
No
Temporary Sign
No
No
No
Banner
Yes
Yes
No
Electronic Message Centre
Yes
Yes
No
Projected Image
Signs
Above Ground
Yes
Yes
No
On Ground
Yes
Yes
No
Readograph
Yes
Yes
Yes
- 19 -
Table 2
Sign Districts
Column 1
Column 2
Sign Type
Lundy=s Lane
Whirlpool
Chippawa
Ground Signs
Pylon Sign
Yes
Yes
No
General Ground
Yes
Yes
Yes
Wall Signs
Fascia Sign
Yes
Yes
Yes
Murad
Yes
Yes
Yes
Awning Sign
Yes
Yes
Yes
Logo Sign
Yes
Yes
Yes
Roof Sign
No
No
No
Projecting Sign
Yes
Yes
Yes
Canopy Sign
Yes
Yes
Yes
Billboard
see section 11.0
Portable Sign
Yes
Yes
No
Temporary Sign
No
No
Yes
Banner
Yes
Yes
Yes
- 20 -
Readograph Sign
Yes
Yes
No
Projected Image
Signs
Above Ground
Yes
Yes
No
On Ground
Yes
Yes
No
EMC
Yes
Yes
No
Table 3
Sign Districts
Column 1
Column 2
Sign Type
Neighbourhood
Commercial
District
Commercial/
Industrial District
Ground Signs
Pylon Sign
No
Yes
General Ground
Sign
Yes
Yes
Wall Signs
Fascia Sign
Yes
Yes
Murad
Yes
Yes
Awning Sign
Yes
Yes
Logo Sign
No
Yes
Roof Sign
No
No
Projecting Sign
Yes
Yes
- 21 -
Canopy Sign
Yes
Yes
Billboard
see section 11.0
Portable Sign
Yes
Yes
Temporary Sign
No
Yes
Banner
No
Yes
Readograph Sign
No
Yes
Projected
Image
Signs
Above Ground
No
Yes
On Ground
No
Yes
EMC
No
Yes
5.3
In the Downtown Sign District the following regulations apply in addition to those
set out in Tables 1 and 2:
(a)
A fascia sign shall be located within the horizontal band which divides the
store front widows from the upper facade;
(b)
A sign in the Downtown Sign District shall not be internally illuminated.
5.4
Notwithstanding Table 1, the following signs are permitted outside of the Sign
Districts:
(a)
institutional signs;
(b)
agricultural signs;
(c)
new development signs.
- 22 -
III.
THE REGULATIONS
The regulations specific to each type of sign are as follows:
6
GROUND SIGNS
A ground sign shall conform to the following regulations:
6.1
Ground signs
General ground signs and pylon signs must comply.
6.1.1 One (1) ground sign may be located along a street frontage for each 45
metres of street frontage.
6.1.2 No more than two (2) ground signs may be located on the street frontage
of property.
6.1.3 No ground sign shall be located closer than 30 metres to any other
ground sign on the same property.
6.1.4 The maximum total sign area for all ground signs on a street frontage
shall be as set out in Table 4.
Table 4
Maximum Area Ground Signs
Lot Frontage
Sign Districts
Chippawa
All Other Sign Districts
23 metres or less
-
4.6 sq. m
23 metres to 30 metres
-
7.0 sq. m
Over 30 metres but less than 46 metres
-
9.3 sq. m
Over 46 metres
-
- 23 -
General Ground Signs:
18.6 sq. m
Pylon Sign:
23.0 sq. m
All frontages
4.6 sq. m
-
6.1.5 The maximum sign area for all ground signs on a property shall include
the area of all permitted directional signs.
6.1.6 Every ground sign shall display the municipal address of the property
upon which the sign is located in numerals that are a minimum height of
150 millimetres.
6.1.7 No part of a ground sign shall be located within 1.5 metres of a streetline
or public sidewalk.
6.1.8 The maximum height of a ground sign other than a pylon sign shall be
2.4 metres.
6.2
Pylon Signs
A pylon sign shall conform to the following regulations:
6.2.1 A pylon sign shall be erected on a property with a minimum street
frontage of 30 metres.
6.2.2 A pylon sign shall not be erected on a street frontage of a lot that is less
than 30 metres.
6.2.3 There shall be no more than one (1) pylon sign erected on any frontage
of any lot.
6.2.4 Notwithstanding Table 3, a pylon sign shall not be erected in the Main
and Ferry District as shown on Schedule "A" of this By-law.
6.2.5 The maximum height of a pylon sign shall be 9 metres.
6.2.6 A pylon sign shall have and maintain a minimum vertical clearance of 2.7
metres between the grade and the lowest part of the sign face.
- 24 -
7
WALL SIGNS
7.1
Fascia Signs
A fascia sign shall conform to the following regulations:
7.1.1 No fascia sign shall cover or project into any window, door, or other
opening on a building face.
7.1.2 A fascia sign may project a maximum of 0.45 metres from a building
face over the streetline.
7.1.3 A fascia sign projecting .08 metres or more from a building face shall
be a minimum of 2.70 metres above grade.
7.1.4 The upper limit of a fascia sign shall not project above the roofline or
parapet of a building.
7.1.5 No fascia sign shall be attached to a mansard roof.
7.1.6 The maximum aggregate area of all fascia signs on any one (1) building
face shall be 25% of the area of the building face to which it is attached.
7.1.7 Notwithstanding sub-section 7.1.6 the maximum area of all fascia signs
on any one (1) building face within the Chippawa District shall be 9.3
square metres.
7.1.8 Where two (2) or more fascia signs are attached to a building, the signs
shall maintain a uniform band of signage along the building face defined
by locating all signage on the building face in a manner that maintains a
consistent horizontal alignment and vertical height.
7.1.9 In the case of a building containing multiple occupancies or tenants, a
maximum of one (1) fascia sign shall be permitted for each tenant or
occupancy provided the maximum total sign area permitted for fascia
signs is not exceeded.
7.1.10 One (1) fascia directory sign shall be permitted on any building and shall
be included in the total maximum sign area for fascia signs.
7.2
Murad Signs
A murad sign shall conform to the following regulations:
7.2.1 The maximum area of a murad sign shall be 25% of the area of the
building face from which it is displayed.
7.2.2 Notwithstanding sub-section 7.2.1 the maximum area of a murad sign
displayed within the Chippawa District shall be 9.3 square metres.
- 25 -
7.3
Awning Signs
An awning sign shall conform to the following regulations:
7.3.1 The maximum sign area of an awning sign shall be 25% of the awning
to which it is applied.
7.3.2 The maximum length of an awning sign shall be 10 metres.
7.3.3 Awning signs shall not consist of three dimensional letters or graphics.
7.3.4 Notwithstanding clause (a) of section 3.6.1, an awning sign may
encroach onto a street or shoulder of a street to within 0.8 metres of a
street curb or the shoulder of a road.
7.4
Logo Signs
A logo sign shall conform to the following regulations:
7.4.1 Where a logo sign is displayed on a building that is four (4) or more
stories in height the logo sign shall be displayed on the building face of
the upper most storey of that building.
7.4.2 Where a logo sign is displayed on a building of three (3) or fewer stories,
it may be displayed anywhere on the building.
7.4.3 The maximum sign area of a logo sign shall be 10% of the portion of the
building face defined by the floor and ceiling of the storey of the building
upon which the logo sign is displayed.
8
ROOF SIGNS
A roof sign shall conform to the following regulations:
8.1
No more than one (1) roof sign shall be located on a building.
8.2
A roof sign shall be integrated with the architecture of the building on which it is
erected and shall not appear as a separate structure.
8.3
A roof sign shall be located a minimum of 1.2 metres from the outer wall of the
building on which it is displayed. In no case shall a roof sign overhang the outer
wall of a building.
8.4
No part of a roof sign shall be higher than 5.5 metres above the roof or parapet
of the building.
8.5
No part of a roof sign shall be closer than 1.0 metres to the roof deck.
8.6
The maximum sign area of a roof sign shall not exceed 20 square metres.
- 26 -
8.7
A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape
or prevent the free access of fire fighters to any part of the building.
8.8
A roof sign shall not obstruct the view from any window or skylight that is in a
building located on an adjacent property.
8.9
An application for a roof sign shall include a visual impact study and an
illumination study to illustrate and evaluate the impact of the roof sign with
respect to the City's skyline and appearance from Queen Victoria Park.
9
PROJECTING SIGNS
A projecting sign shall conform to the following regulations:
9.1
A projecting sign shall not encroach onto a public property.
9.2
Notwithstanding section 9.1 a projecting sign may encroach onto a street one
half of the distance between the streetline and the street curb or the shoulder of
the street where a shoulder exists or to within 0.8 metres of a street curb or the
shoulder of a road where a shoulder exists, whichever is the lesser of the two
distances.
9.3
The maximum area of a projecting sign shall be 7.0 square metres.
9.4
A projecting sign shall maintain a minimum clearance of 2.7 metres above
grade.
10
CANOPY SIGNS
A canopy sign shall conform to the following regulations:
10.1 The maximum height of a canopy sign shall be 0.6 metres.
10.2 Where a canopy sign is displayed above the canopy the vertical space between
the lowest point of the sign and the top of the canopy or overhang shall not
exceed 0.3 metre.
10.3 A canopy sign may project a maximum 0.3 metre from the canopy face.
10.4 A canopy sign shall maintain a minimum clearance of 2.7 metres above grade.
10.5 Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a
street one half the distance between the streetline and the street curb or the
shoulder of the street where a shoulder exists or to within 0.8 metres of a street
curb or the shoulder of a road where a shoulder exists whichever is the lesser of
the two distances.
- 27 -
11
BILLBOARDS
A billboard shall conform to the following regulations:
11.1 A billboard shall only be located on a vacant property designated Major
Commercial, Industrial, Good General Agriculture by the City's Official Plan.
11.2 Where a billboard is located on a premise, no other signs for which a permit is
required shall be displayed on that premises and no sign permits shall be issued
to permit any additional signs on that premises.
11.3 Notwithstanding the provisions of section 11.1 billboards are not permitted within
the Downtown District and the Chippawa District.
11.4 The sign face of a billboard shall be a minimum 18.0 square metres in area and
a maximum of 70 square metres.
11.5 The minimum distance between billboards shall be 300 metres.
11.6 The maximum height of a billboard shall be 7.5 metres.
11.7 A billboard shall have no more than two (2) sign faces. Each sign face shall
comply with section 11.4.
11.8 Where a billboard has two (2) sign faces the sign faces shall be located, placed
and displayed at an angle no greater than 120 degrees which angle shall be
measured from the back of the sign faces of the billboard.
11.9 A billboard shall be located more than 90 metres from a designated historic site,
a public park, or any property designated Residential by the City's Official Plan.
11.10 An application for a sign permit to erect and display a billboard shall include an
illumination study and a visual impact study.
11.11 The maximum number of billboards in the City shall not exceed the official
population of the City divided by 625.
11.12 The City in each calendar year may approve a maximum of 10 permits for
billboards at new locations not currently containing billboards subject to the
provisions of section 11.11 which shall supercede this section such that the total
number of billboards within the City shall never exceed the number specified the
calculation described in section 11.11.
- 28 -
12
BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS
Banners, Portable signs and Temporary signs shall conform to the following
regulations:
12.1 Banners
12.1.1 Not more than two (2) banners shall be placed on a single pole.
12.1.2 The maximum area of a banner shall be 2.5 square metres.
12.1.3 The minimum distance between any part of a banner and the grade shall
be 2.7 metres.
12.1.4 A sign permit authorizing the erection, display or maintenance of a
banner, that permit shall authorize that owner to erect, display or
maintain any number of banners of the same design erected, displayed
or maintained in the same manner.
12.2 Portable Signs and Temporary Signs
12.2.1
(1)
A sign permit to erect, display, or maintain a portable or
temporary sign shall have a maximum term of no more than
30 days.
(2)
No more than four (4) permits for a portable or temporary sign
shall be issued to the same business per calendar year.
(3)
The total number of days of erection, display or maintenance
authorized by the four (4) permits described in sub-section
12.2.1 shall not exceed 120 days per calendar year.
12.2.2 The maximum height of a portable or temporary sign is 1.8 metres.
12.2.3 A portable or temporary sign shall have no more than two (2) sign
faces.
12.2.4 The maximum sign area of an individual sign face of a portable or
temporary sign shall be 3.0 square metres.
12.2.5 Where a portable or temporary sign has two (2) sign faces the sum of
the sign area of the two (2) sign faces shall be no more than 6.0 square
metres.
12.2.6
(1)
Notwithstanding the number of occupancies in a premises, a
maximum of one (1) portable or temporary sign per 15 metres
of frontage shall be displayed along a street frontage of a
property.
- 29 -
(2)
No portable sign shall be erected, displayed or maintained
within 15 metres of another portable sign.
12.2.7 A portable or temporary sign shall be located as specified in the
drawings submitted by the applicant to obtain the permit for that portable
sign.
12.2.8 A portable or temporary sign shall be secured firmly to the ground to
prevent any movement or tipping of the sign.
12.2.9 A portable or temporary sign shall not be animated in any manner and
shall contain no mechanically or wind driven moving parts.
12.2.10 Streamers, flags, or flashing lights shall not be attached to a portable or
temporary sign.
12.2.11 A portable or temporary sign shall contain no flashing lights or
animation.
12.2.12 Without limiting in any way the effect of sub-section 3.6.1(e) a portable
or temporary sign shall not be located in or obstruct a parking space that
is required to enable the premises upon which the portable or temporary
sign is located to comply with the requirements of a City of Niagara Falls
Zoning By-law.
12.2.13 Without limiting in any way the effect of sub-section 3.6.1(a) portable or
temporary sign shall not be located on any street or public property.
12.3 New Development Signs
A new development sign shall conform to the following regulations:
Table 5
New Development Sign Regulations
Maximum height
7.0 metres
Maximum sign area
For a first party sign - 50 square metres
For a third party sign - 30 square metres
Minimum setback from a property line
5.0 metres
Number of signs per street
1
Duration
Sign shall be removed when the City
assumes the plan of subdivision or within
60 days of the issuance of an occupancy
- 30 -
permit or three years, whichever is the
lesser.
13
READOGRAPH OR ELECTRONIC MESSAGE CENTRE (EMC)
A readograph sign shall conform to the following regulations:
13.1 A readograph or electronic message centre sign may be incorporated into any
ground, fascia, roof sign or billboard permitted by this By-law in the Sign
Districts listed in Table 6 below and is subject to the accompanying restrictions.
Table 6
Readograph or Electronic Message Centre Sign Area
Sign District
Maximum Area of Readograph or
Electronic Message Centre
Fallsview District
A maximum of 100% of an existing or
proposed sign
Clifton Hill District
A maximum of 100% of an existing or
proposed sign
Lundy=s Lane District
A maximum of 50% of an existing or
proposed sign
Whirlpool District
A maximum of 15% of an existing or
proposed sign
Commercial/Industrial Districts
A maximum of 15% of an existing or
proposed sign
- 31 -
13.2 The message or animation of a readograph or electronic message centre sign
shall cycle at an interval of not less than six (6) seconds.
13.3 For the purposes of this By-law, the installation of a readograph or electronic
message centre sign on an existing sign shall require a building permit to ensure
compliance with the Ontario Building Code.
13.4 Distance Separation
13.4.1 Electronic message centre sign shall not be erected within 60m of any
Residential zone, if such a sign will face directly toward the Residential
zone; and,
13.4.2 Electronic message centre sign on a billboard or roof sign shall not
be erected within 150m of any Residential zone, if such a sign will face
directly into a Residential zone.
13.5 Brightness
13.5.1 Electronic message centre signs shall have an intensity of luminance
and illumination shall not exceed the lesser of: (a) 3 lux (0.3 foot candles)
above the ambient light conditions, or 300 nits (300 cd/m2) during the
hours between dusk and dawn; and (b) 5 lux (0.5 foot candles) above
ambient light conditions or 5000 nits (5000 cd/m2) during the daytime
hours.
13.6 Automatic Dimming
13.6.1 Electronic message centre signs must have installed an ambient light
monitor, which shall continuously monitor and automatically adjust the
brightness level of the display based on ambient light conditions
consistent with the illumination regulations of this by-law.
13.7 Maintenance
13.7.1 Every sign owner shall ensure that each sign be maintained so that all
electronic message centre signs shall be turned off if not in 100%
working order.
- 32 -
14
PROJECTED IMAGE SIGNS
Projected image sign shall conform to the following regulations:
14.1 Above Ground Projected Image Sign
14.1.1 An above ground projected image sign shall be projected onto a
building face by a projector located on the same property.
14.1.2 For the purpose of calculating the maximum sign area permitted on a
particular building face, an above ground projected image sign shall
be deemed to be a wall sign.
14.1.3 The image projected by an above ground projected image sign shall be
displayed for an interval of not less than six (6) seconds.
14.1.4 An application for an above ground projected sign shall include a visual
impact study, an illumination study, and the written authorization of the
owner of the property or building onto which the sign will be projected.
14.1.5 The projector used to project the above ground projected image sign
shall be incorporated into its surroundings and shall not interfere with the
reasonable use of any neighbouring premises or street.
14.2 On Ground Projected Image Signs
14.2.1 An on-ground projected image sign shall be projected onto a horizontal
ground plane surface by a projector located on the same premises.
14.2.2 The image projected by an on-ground projected image sign shall be
displayed for an interval of not less than six (6) seconds.
14.2.3 An application for an on-ground projected sign shall include a visual
impact study, an illumination study, and the written authorization of the
owner of the property onto which the sign will be projected.
14.2.4 The projector used to project an on-ground projected image sign shall
be incorporated into its surroundings and shall not interfere with the
reasonable use of any neighbouring premises or street.
15
TOURIST HOMES SIGNS
Tourist Home signs shall conform to the following regulations:
15.1 A Tourist Home may have a maximum of one (1) sign.
15.2 A Tourist Home sign may be a ground sign or a projecting sign.
- 33 -
15.3 A Tourist Home sign shall not be erected in a rear yard or an internal side yard,
such yards to be determined in accordance with the provisions of any Zoning By-
law of the City of Niagara Falls that applies to the subject Tourist Home.
15.4 No part of a ground sign on a Tourist Home premises shall be located within 3.0
metres of a streetline.
15.5 No part of a ground sign on a Tourist Home premises shall be located within 1.8
metres of a side property line.
15.6 A projecting sign for a Tourist Home shall be attached to the front wall of the
premises.
15.7 The maximum area of a ground sign shall be 3.0 square metres.
15.8 The maximum area of a projecting sign shall be 1.5 square metres.
15.9 The maximum height of a ground sign shall be 3.0 metres.
16
POSTERS
Posters shall conform to the following regulations:
16.1 No Person shall erect, place or display a poster on public property other than
a community bulletin board.
16.2 The community bulletin boards shall be located as set out in Schedule "B" to
this By-law.
16.3 The maximum area of a poster shall be 0.28 squares metres.
16.4 A maximum of one (1) poster concerning a particular topic may be placed on a
community bulletin board at any one time.
16.5 A poster may not be located that obstructs or covers any other poster.
16.6 Posters shall be erected, placed or fastened on the community bulletin board
only by means of thumb tacks, pins, or tape.
16.7 City Staff may remove any poster that does not comply with these regulations.
16.8 City Staff shall remove all posters from community bulletin boards on the last
day of each month.
- 34 -
17
SANDWICH BOARD SIGNS
The regulations governing the sandwich board signs permitted in the Downtown Sign
District shall be as follows:
17.1 Notwithstanding any other provision of this By-law, the owner of a premises
located in the Downtown Sign District shall be entitled to a permit for one (1)
sandwich board sign.
17.2 A sandwich board sign shall consist of two (2) boards, supported by the ground
and joined at the top edge to form a rectangular prism.
17.3 A sandwich board sign shall have no more than two (2) sign faces.
17.4 The maximum sign area of a sandwich board sign shall be 1.25 square metres.
17.5 The maximum width of a sandwich board sign shall be 0.75 metres.
17.6 The maximum height of a sandwich board sign shall be 1.5 metres.
17.7 The maximum number of sandwich board signs permitted for each premises
shall be one (1).
17.8 A sandwich board sign shall be located on the sidewalk immediately in front of
the premises to which the sandwich board sign relates.
17.9 A sandwich board sign shall not be located such that it impedes the movement
of pedestrians in any way.
17.10 A sandwich board sign shall be removed from the sidewalk during any time that
the premises to which the sandwich board sign relates is not open for business.
17.11 All other provisions and regulations of this By-law shall apply to sandwich board
signs located in the Downtown Sign District, with all necessary changes in detail.
18
INSTITUTIONAL SIGNS
The regulations governing the institutional signs permitted outside the designated Sign
Districts in Table 1 shall be as follows:
Table 7
Institutional Sign Regulations
Type of signs permitted
ground sign, fascia sign, projecting sign
Maximum number of signs permitted
3
Maximum readograph/
electronic message centre sign area
15% of the sign area
- 35 -
Maximum sign area
Lot frontage
Max. sign area
0 to 15m
2.3 sq. m
16m to 23m
4.6 sq. m
24m to 31m
7.0 sq. m
>31m
9.3 sq. m
Maximum height of a ground sign
Lot frontage
Max. height
0 to 15m
2.4m
16m to 23m
3.6m
24m to 31m
6.0m
>31m
7.5m
Minimum setbacks for a ground sign
1.5 metres from any property line
unless the ground sign has less than
1.2 metres of ground clearance then it
shall have a minimum setback of 3.0
metres from a street line.
19
AGRICULTURAL SIGNS
The regulations governing the Agricultural signs permitted outside the designated Sign
Districts in Table 1 shall be as follows:
Table 8
Agricultural Sign Regulations
Types of signs permitted
ground signs
Maximum height
2.0 metres
Maximum sign area
3.0 square metres
Minimum setbacks
1.5 metres from any property line
unless the ground sign has less than
1.2 metres of ground clearance then it
- 36 -
shall have a minimum setback of 3.0
metres from a street line
IV.
VARIANCES AND AMENDMENTS
20
VARIANCES
20.1 Council hereby delegates the authority to grant minor variances to this By-law to
the General Manager of Planning, Building and Development or their Designate.
20.2 An application for variance from the provisions of this By-law shall be made to the
General Manager of Planning, Building and Development or their Designate on
the appropriate form and shall be accompanied by the fee prescribed by the City.
20.3 The Planning, Building and Development Department shall prepare a report for
the consideration of the General Manager of Planning, Building and Development
or their Designate, that provides for an assessment of the application, the reasons
for the variance and a recommendation to the General Manager of Planning,
Building and Development or their Designate.
20.4 The General Manager of Planning, Building and Development or their Designate
shall give notice of his intention to consider the application not less than ten (10)
days before the day the decision is to be made with respect to that application.
20.5 Notice of the application shall be given to the applicant, all registered owners of
property within 60 metres of the property subject of the application and to any
appropriate agency or authority.
20.6 The notice shall identify the subject premises, state the date scheduled for the
decision, provide a brief description of the proposed variance and particulars of
how to make representations to the General Manager of Planning, Building and
Development or their Designate concerning the proposed variance.
20.7 The applicant shall post a sign, provided by the General Manager of Planning,
Building and Development or their Designate, on all street frontages the
premises identifying the subject premises, stating the date scheduled for the
decision, a brief description of the proposed variance, and the particulars of how
to make representations to the General Manager of Planning, Building and
Development or their Designate concerning the proposed variance.
20.8 If the applicant does not correspond with the General Manager of Planning,
Building and Development or their Designate, the General Manager of Planning,
Building and Development or their Designate may proceed in the absence of the
applicant and the applicant will not be entitled to further notice.
- 37 -
20.9 In the event that the applicant desires to submit additional information for the
consideration of the General Manager of Planning, Building and Development or
their Designate, the applicant may request a deferral of the decision by submitting
a written request by 4:30 P.M. of the day before the date the decision is to be
made
20.10 In considering an application for the variance, the General Manager of Planning,
Building and Development or their Designate shall have regard to:
(a)
Special circumstances or conditions applying to the lot, 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 lot, building, or use, would result
in practical difficulties or unnecessary and unusual hardship for the
applicant of a type and nature inconsistent with the general intent and
purpose of this By-law and the Official Plan;
(c)
Whether such special circumstances or conditions are pre-existing and not
created by the owner or applicant;
(d)
Whether the sign that is subject of the variance will alter the essential
character of the area in which it is located; and
(e)
Any comments received.
20.11 The General Manager of Planning, Building and Development or their Designate
may authorize a variance from the provisions of this By-law, with or without
conditions, if, in the opinion of the General Manager of Planning, Building and
Development or their Designate:
(a)
The variance is desirable;
(b)
The variance is minor in nature;
(c)
That the general intent and purpose of this by-law is maintained: and
(d)
That the general intent and purpose of the Official Plan is maintained.
20.12 In the event that the General Manager of Planning, Building and Development or
their Designate has refused to grant the minor variance, the applicant may appeal
the refusal to Council and the following rules shall apply:
(a)
The applicant shall deliver written notice of his intention to appeal to City
Council in the prescribed form together with the prescribed fee within ten
days of the date of the decision. A sign permit application and receipt of a
permit within ten days of the date of the decision shall waive the ability of
the applicant to appeal the decision to City Council.
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(b)
The General Manager of Planning, Building and Development or their
Designate shall notify anyone who has requested notice of the Council
meeting when the appeal is to be heard.
(c)
The General Manager of Planning, Building and Development or their
Designate shall submit a report to Council stating the rationale for the
decision.
(d)
The applicant, or his representative, shall attend the meeting where
Council is to consider the appeal.
(e)
Council may uphold, vary or refuse the recommendation of the General
Manager of Planning, Building and Development or their Designate. The
applicant shall not be entitled to a further hearing on the same matter before
Council and the decision of Council on the application shall be final.
(f)
If the City does not receive a written notice of intention to appeal to Council
in the prescribed form together with the prescribed fee within ten days of
the date of the refusal, the decision of the General Manager of Planning,
Building and Development or their Designate is final.
21
AMENDMENTS
21.1 Council hereby delegates the authority to grant by-law amendments to this By-
law to the General Manger of Planning, Building and Development or their
Designate.
21.2 Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c)
or (d) of section 20.11 of this By-law; or where a billboard is proposed to be
100% electronic message centre other than as permitted by this By-law as
determined by the General Manager of Planning, Building and Development or
their Designate or where a proposed sign is not permitted by this By-law, the
applicant shall make application for an amendment to this By-law by:
(a)
Filing an application on the form provided with the Planning, Building and
Development Department;
(b)
Submitting the prescribed fees; and
(c)
Submitting any plans, drawings, documents or studies that may be deemed
necessary by the General Manager of Planning, Building and Development
or their Designate to assess the application.
21.3 The Planning, Building and Development Department shall submit a report for the
consideration of the General Manager of Planning, Building and Development or
their Designate that provides an assessment of the application, the reasons of the
amendment and a recommendation to the General Manager of Planning, Building
and Development or their Designate.
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21.4 Notice of date of decision shall be given to the applicant, all registered owners of
property within 120 metres of the property subject of the application and to any
appropriate agency or authority not less than 10 days before the date of decision.
In the case of a proposed general amendment to this by-law, notice shall be given
by publishing a notice in a newspaper that, in the opinion of the City Clerk or the
General Manager of Planning, Building and Development or their Designate, is of
sufficiently general circulation in the area to which the proposed general
amendment would apply that it would give the public reasonable notice of the date
of decision.
21.5 The applicant shall post a sign, provided by the Planning, Building and
Development Department, on all street frontages of the premises stating the date
of decision and a brief description of the requested amendment.
21.6 If the applicant does not correspond with the General Manager of Planning,
Building and Development or their Designate, the General Manager of Planning,
Building and Development or their Designate may proceed in the absence of the
applicant and the applicant will not be entitled to further notice in the proceeding.
21.7 In considering an application for an amendment, General Manager of Planning,
Building and Development or their Designate shall have regard for, with all
necessary modification, clauses (a), (b), (c), and (d) of section 20.11 of this By-
law.
21.8 The General Manager of Planning, Building and Development or their Designate
may impose such conditions including, but not limited to, the use of electronic
signs for public service messaging, upon the granting of an amendment as it
deems appropriate in the public interest.
21.9 In the event that the General Manager of Planning, Building and Development or
their Designate has refused to grant the amendment, the applicant may appeal
the refusal to Council and the following rules shall apply:
(a)
The applicant shall deliver written notice of his intention to appeal to City
Council in the prescribed form together with the prescribed fee within ten
days of the date of the decision. A sign permit application and receipt of a
permit within ten days of the date of the decision shall waive the ability of
the applicant to appeal the decision to City Council.
(b)
The General Manager of Planning, Building and Development or their
Designate shall notify anyone who has requested notice of the Council
meeting when the appeal is to be heard;
(c)
The General Manager of Planning, Building and Development or their
Designate shall submit a report to Council stating the rationale for the
decision.
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(d)
The applicant, or his representative, shall attend the meeting where
Council is to consider the appeal.
(e)
Council may uphold, vary or refuse the recommendation of the General
Manager of Planning, Building and Development or their Designate. The
applicant shall not be entitled to a further hearing on the same matter before
Council and the decision of Council on the application shall be final.
(f)
If the City does not receive a written notice of intention to appeal to Council
in the prescribed form together with the prescribed fee within ten days of
the date of the refusal, the decision of the General Manager of Planning,
Building and Development or their Designate is final.
21.10 Site Specific Provisions
21.10.1
6361 Fallsview Boulevard
Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4
hereof to the contrary, one pylon sign shall be permitted on the
lands at the southeast corner of Murray Street and Stanley Avenue,
being PIN 64377-0171 (LT), that are associated with the hotel
located at 6361 Fallsview Boulevard, being PIN 64377-0105 (LT),
having a maximum sign area of 63 square metres.
21.10.2
3690 Portage Road
Notwithstanding any provisions contained in section 7.1 hereof to the
contrary, one fascia sign composed entirely of an electronic video
screen having a maximum sign area of 5.02 square metres, shall be
permitted on the south elevation of the building located on the lands
on the east side of Portage Road, south of Keith Street and being
PIN 64278-0062(LT), that are associated with the dentist office
located at 3690 Portage Road. The sign shall not be used as a third
party sign.
21.10.3
8267 Thorold Stone Road
Notwithstanding the provisions contained in section 5.0 Table 3
hereof to the contrary, one pylon sign shall be permitted on the
lands at the northeast corner of Thorold Stone Road and Kalar Road,
being PIN 64296-0194, that is the location of a gas station known as
8267 Thorold Stone Road, and shall:
i. be located not less than 42 metres from the north property line
and not less than 82 metres from the east property line;
ii. have a maximum height of 8 m;
iii. have a maximum sign area of 13 sq. m.; and
iv. have the lights dimmed between the hours of 11 pm and 7 am.
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21.10.4
8972 Thorold Stone Road
Notwithstanding the provision contained in section 13.0 Table 6
hereof to the contrary, a billboard sign that is 100% electronic
message centre shall be permitted on the lands at the southwest
corner of Thorold Stone Road and Garner Road, being PIN 64266-
0145, that is known as 8972 Thorold Stone Road, and shall:
i. be equipped with photocell technology to automatically adjust the
sign's brightness based on ambient light levels so as to not cause
any impacts on surrounding residential use nor cause distraction
to drivers along Thorold Stone Road; and,
ii. remove the second existing static billboard sign located nearest
the west property line before a permit is issued for the
installation for the electronic message centre sign.
21.10.5
North side of Thorold Stone Road, West of Garner Road
(By-law No. 2021-49) Notwithstanding the provisions contained in
section 11.5 and section 13.0 Table 6 hereof, a billboard sign
consisting of up to 100% electronic message centre shall be
permitted on the lands on the north side of Thorold Stone Road and
west of Garner Road, being PIN 642670169 and shall be:
i. located 49 m from the southwest corner of the property and 10.3
m from the Regional Road widened limit;
ii. no closer than 245 m from another billboard sign;
iii. no larger than 3.048 m x 6.096 m in size;
iv. equipped with photocell technology to automatically adjust the
sign's brightness based on ambient light levels so as to not
cause any impacts on a surrounding residential use nor cause a
distraction to drivers along Thorold Stone Road; and,
v. shut off between the hours of 12 midnight and 7:00 AM.
21.10.6 5034 Victoria Avenue
(By-law No. 2023-030) Notwithstanding the provisions contained in
section 11.5, 11.9 and section 13.0 Table 6 hereof, a billboard sign
consisting of up to 100% electronic message centre shall be
permitted on the lands on the southeast corner of Victoria Avenue
and Armoury Street, being PIN 64336-0219 (LT) that is the location
of a parking lot known as 5034 Victoria Avenue and shall be:
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i. no larger than 3.048 m x 6.096 m in size;
ii. equipped with photocell technology to automatically adjust the
sign's brightness based on ambient light levels to not cause any
impacts on surrounding residential uses nor cause a distraction
to drivers along Victoria Avenue, and
iii. shut off between the hours of 11:00 PM and 7:00 AM.
21.10.7
4624 Queen Street
(By-law No. 2025-099) Notwithstanding the provisions contained in
sections 5.0 Table 1, 3.6.1 (a) and (h), 4.5, 5.3 (b), 10.1, 10.5, 13.1,
and 13.1 Table 6, three canopy signs consisting up to 100%
readograph/electronic message centre and three canopy signs
located above the canopy shall be permitted on the lands on the
west side of Queen Street, being PIN 64329-0142 (LT) that is the
location of the Seneca Queen theatre known as 4624 Queen Street
and the following is permitted:
i. An electronic message centre sign(s);
ii. A canopy sign(s) and a canopy sign(s) located above a
canopy may encroach 66% into the municipal right-of-way. An
encroachment agreement must be executed with the City and
registered on title at the owner's expense;
iii. A sign located within 28 metres of the St. Lawrence Ave and
Queen Street intersection may contain green or red illuminated
lettering or graphics but may not flash or employ intermittent
illumination;
iv. External lighting used to illuminate a sign, or illuminated graphic
symbols, may direct light onto the municipal sidewalk but not
onto the municipal street;
v. Lighting must be shut off between the hours of 12:00 a.m. and
8:00 a.m.;
vi. A sign may be illuminated both externally and internally;
vii. A logo sign may be displayed on a canopy;
viii. The maximum height of a canopy sign installed on a canopy
shall be 2.3 metres; and,
ix. The maximum height of a canopy sign located above the
canopy shall be 0.45 metres.
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V.
PENALTIES AND ENFORCEMENT
22
PENALTIES AND ENFORCEMENT
22.1 No Person shall:
(a)
Erect, locate or display a sign without a permit if a permit is required under
this By-law for that sign;
(b)
Erect, locate or display a sign for which a permit has been obtained except
in accordance with the approved plans and drawings submitted as part of
the permit application;
(c)
Erect, locate or display a sign in a manner that is not in accordance with
the regulations of this By-law or the conditions of any variance granted
under this By-law;
(d)
Erect, locate or display a sign of a type which is not specifically permitted
under this By-law;
(e)
Erect, locate or display a sign which is on or overhangs public property;
(f)
Fail to comply with an order issued pursuant to section 22.6 of this By-law.
22.2 Every person who contravenes any provision of this By-law or an order issued
pursuant to section 22.6 of this By-law is guilty of an offence and upon conviction,
subject to the penalties and sanctions provided by provincial law for such an
offence.
22.3 Where a person has been convicted of an offence, the court in which the
conviction has been entered and any court of competent jurisdictions thereafter
may, in addition to any other remedy or penalty provided for by law, make an
order prohibiting the continuation or repetition of the offence by the person
convicted.
22.4 Where a sign is erected or displayed on, over, partly on, or partly over property
owned by or under the jurisdiction of the City, such sign may be removed
immediately by the City without notice.
22.5 Where a sign is erected or displayed in contravention of this By-law, the Chief
Building Official or his designate may immediately pull down or remove any sign
that he determines constitutes a safety hazard or concern.
22.6 Where a sign erected on private property does not comply with this By-law or a
permit issued under this By-law, the Chief Building Official or his designate, may
by order, require the owner to bring the sign into conformity in the manner and
within the time specified in the order.
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22.7 Any order required under this By-law may be given by:
(a)
Personal service upon the party being served, or
(b)
Prepaid registered mail sent to the last address of the party being served,
shown on the records of the City, or
(c)
Prominently posting a copy of the order either on the sign in respect of
which the order is given, or on the land upon which the sign is located.
22.8 If the owner does not comply with an order given under this By-law within the time
specified in the order, the Chief Building Official or his designate may order the
owner to remove the sign and restore the property and building in the manner
and within the time specific in the order.
22.9 Any order required under this By-law may be given by:
(a)
Personal service upon the party being served, or
(b)
Prepaid registered mail sent to the last address of the party being served,
shown on the records of the City, or
(c)
Prominently posting a copy of the order either on the sign in respect of
which the order is given, or on the land upon which the sign is located.
22.10 Where the order is served in accordance with the provisions of this By-law, it is
deemed to have been received by the party being served upon the mailing or
posting of the order.
22.11 Where a sign is not removed or a property and building are not restored as
required by an order issued under this By-law, the Chief Building Official or his
designate, may have the sign removed and the property and building restored.
For this purpose, the Chief Building Official, his designate, or a contractor or
other agent may enter upon the property and premises at any reasonable time.
22.12 The costs of removing the sign and restoring the property or building may be
recovered by adding those costs to the tax roll to be collected in the same manner
as taxes.
22.13 Any sign removed by the City shall be stored by the City for 30 days, during
which time the owner may redeem the sign upon payment of the applicable fee
prescribed by the City.
22.14 Where a sign has been removed by the City and stored for a period of 30 days
and has not been redeemed by the owner, the City may destroy or otherwise
dispose of the sign after 30 days without notice or compensation to the owner.
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23
CONFLICT
23.1 Where a provision of this By-law conflicts with any other By-law, the By-law
containing the higher standard shall prevail.
24
VALIDITY
24.1 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.
25
REPEAL
25.1 By-laws 2008-224, 2009-101, 2010-113, 2010-149, 2011-001, 2013-128, 2016-
043 and 2020-065 are hereby repealed effective the date of the passing of this
By-law.
Read a first, second and third time; passed, signed and sealed in open Council this 9th
day of February, 2021
WILLIAM G. MATSON, CITY CLERK
JAMES M. DIODATI, MAYOR
Consolidated: As of January 15, 2026
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SCHEDULE "B"
Community bulletin board locations:
1. MacBain Community Centre - 7150 Montrose Road, Niagara Falls
2. Gale Centre - 5152 Thorold Stone Road, Niagara Falls
3. Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls
4. Oakes Park - 5700 Morrison Street, Niagara Falls
5. M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls
6. E.E. Mitchelson Park - 3750 - 3800 Springdale Avenue, Niagara Falls