Sign By-law 72-96 (as amended)

Oshawa, Ontario

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Sign By-law 72-96 as Amended Note: This edition is prepared for the purposes of convenience only. For accurate reference, recourse should be made to the original by-law in the City Clerk's office. Last Updated: April 2023 City of Oshawa Sign By-law 72-96 Table of Contents Sign By-law 72-96 as Amended ........................................................................................ 2 Section 1: Administration, Enforcement and Interpretation ......................................... 1 1.1 Title ................................................................................................................... 1 1.2 Compliance with Other Restrictions .................................................................. 1 1.3 Severability Provision ....................................................................................... 1 1.4 Gender and Number ......................................................................................... 1 1.5 Headings .......................................................................................................... 1 1.6 Measurements .................................................................................................. 1 1.7 References to Legislation ................................................................................. 2 1.8 Sign Permits and Fees ..................................................................................... 2 1.9 Maintenance ..................................................................................................... 2 1.10 Compliance, Enforcement and Removal of Unlawful Signs .............................. 2 1.11 Non-Conforming Signs ..................................................................................... 4 1.12 Effective Date ................................................................................................... 4 1.13 Liability .............................................................................................................. 4 1.14 Signs, Canopies and Marquees Which Project or Are Suspended Over a City Street ................................................................................................................ 5 1.15 Repeal and Amendments ................................................................................. 5 1.16 Signs On or Adjacent To Regional Roads and Provincial Highways ................ 6 1.17 Election Signs ................................................................................................... 6 1.18 Authority to Regulate Adult Entertainment Parlour Signage ............................. 6 Section 2: Definitions ....................................................................................................... 7 Section 3: General Provisions Affecting Signs in all Zones ....................................... 17 3.1 General Provisions Affecting Signs in All Zones ............................................. 17 3.2 General Provisions Affecting Signs Permitted on Boulevards ........................ 19 3.3 Signs Prohibited in All Zones .......................................................................... 20 3.4 Signs Permitted in All Zones ........................................................................... 20 3.5 Signs On or Over City Property and City Streets ............................................ 21 3.6 Fascia Signs ................................................................................................... 21 3.7 Canopy Signs ................................................................................................. 22 3.8 Ground Signs .................................................................................................. 22 3.9 Pylon Signs ..................................................................................................... 23 3.10 Projecting Signs .............................................................................................. 23 3.11 Read-O-Graphs .............................................................................................. 23 3.12 Official Signs ................................................................................................... 23 3.13 Adult Entertainment Parlour Signs .................................................................. 23 3.14 Signs Associated with Vehicle Drive-Through Facilities ................................. 25 City of Oshawa Sign By-law 72-96 Section 4: Permanent Signs .......................................................................................... 27 4.1 Signs in Residential Zones ............................................................................. 27 4.2 Signs in the Central Business District Zone .................................................... 27 4.3 Signs in Planned Commercial Centre, Planned Strip Commercial-A (Excluding Planned Strip Commercial-B Zones), Special Purpose Commercial, Convenience Commercial, Hamlet Commercial, Harbour Commercial, Automobile Service Station, Industrial, Airport, Mixed Use-B and Mixed Use-C Zones, and for Automobile Sales and Service Establishments and Fuel Bars ....................................................................................................................... 28 4.4 Signs in Office Zones, Mixed Use-A Zone, and Planned Strip Commercial-B Zone ............................................................................................................... 31 4.5 Signs in Open Space, Institutional, Cemetery, Agricultural and Mineral Aggregate Zones ............................................................................................ 31 4.6 Signs in Utilities Zone ..................................................................................... 32 4.7 Signs in Existing Use and Urban Reserve Zones ........................................... 32 4.8 Billboard Signs ................................................................................................ 32 Section 5: Temporary Signs .......................................................................................... 33 5.1 Deleted ........................................................................................................... 33 5.2 Home Builders Identification Signs ................................................................. 33 5.3 Commercial Mobile Signs ............................................................................... 33 5.4 Planning Notification Signs ............................................................................. 34 5.5 Real Estate Open House Signs ...................................................................... 35 5.6 Real Estate Point of Sale Signs ...................................................................... 35 5.7 Subdivision or Condominium Billboard Signs ................................................. 36 5.8 Subdivision or Condominium Signs ................................................................ 37 5.9 Utility Pole Poster Signs ................................................................................. 37 5.10 Special Event Banner ..................................................................................... 38 5.11 Construction Identification Signs .................................................................... 39 5.12 Congratulatory Sign ........................................................................................ 40 5.13 Community Event Sign ................................................................................... 40 5.14 Special Event Sign.......................................................................................... 41 5.15 Banner Signs .................................................................................................. 42 5.16 Inflatable Signs ............................................................................................... 42 5.17 Signs Associated With a Temporary Sales Office .......................................... 42 5.18 Sandwich Board Signs .................................................................................... 43 - 1 - City of Oshawa Sign By-law 72-96 By-law 72-96 The Corporation of the City of Oshawa Being a By-Law to Regulate Signs within Oshawa and Projections and Suspensions on Highways Now therefore be it enacted and it is hereby enacted as a by-law of the Corporation of the City of Oshawa by Council thereof as follows: Section 1: Administration, Enforcement and Interpretation 1.1 Title 1.1.1 This By-law is cited as the "Sign By-law" of the City of Oshawa. 1.2 Compliance with Other Restrictions 1.2.1 This By-law shall not be construed so as to reduce or mitigate any restrictions or regulations lawfully imposed by the CITY or by any other governmental authority having jurisdiction to make applicable restrictions or regulations. 1.3 Severability Provision 1.3.1 A decision of a Court that one or more of the provisions of this By-law are invalid in whole or in part does not affect the validity, effectiveness or enforceability of the other provisions or parts of the provisions of this By-law. 1.4 Gender and Number 1.4.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender and vice versa. 1.5 Headings 1.5.1 The headings of Sections (e.g. Section 1 - ADMINISTRATION, ENFORCEMENT AND INTERPRETATION) and Subsections (e.g. 1.1 - TITLE) in this By-law are inserted for ease of reference only and do not affect the interpretation of this By-law. Notwithstanding that, the regulations in Section 4 apply only to PERMANENT SIGNS and the regulations in Section 5 apply only to TEMPORARY SIGNS. (1997-80) 1.6 Measurements 1.6.1 All measurements in this By-law are in metric. The abbreviation "m" stands for metres, "m2" stands for square metres and "mm" stands for millimetres. - 2 - City of Oshawa Sign By-law 72-96 1.7 References to Legislation 1.7.1 All references to names of Acts of the Legislature in this By-law, unless otherwise noted, are references to the Revised Statutes of Ontario, 1990 edition, as amended from time to time, including successor legislation. 1.8 Sign Permits and Fees 1.8.1 The following SIGNS shall require a SIGN PERMIT: (a) COMMERCIAL MOBILE SIGNS; (b) SPECIAL EVENT BANNERS; (c) SIGNS associated with a temporary sales office as described in Subsection 5.17; and (d) SANDWICH BOARD SIGNS. (12-2017) 1.8.2 All SIGNS subject to the Ontario Building Code shall be required to obtain a building permit. 1.8.3 Every PERSON making application for a SIGN PERMIT shall make application on the form or forms as may be required by the CHIEF BUILDING OFFICIAL from time to time. (12-2017, 33-2023) 1.8.4 Deleted (13-2003) 1.8.5 The CHIEF BUILDING OFFICIAL shall not issue a SIGN PERMIT or building permit unless the SIGN complies with all applicable provisions of this By-law. 1.9 Maintenance 1.9.1 The OWNER of the building to which a SIGN is attached, or of the LOT upon which a SIGN is located, shall maintain or cause the SIGN to be maintained in a state of good repair. For the purposes of this section, a SIGN which is in a state of good repair is a SIGN which is clean, neatly painted and properly maintained, including the proper illumination of ILLUMINATED SIGNS. 1.10 Compliance, Enforcement and Removal of Unlawful Signs 1.10.1 No PERSON shall erect, display, demolish, or structurally ALTER or repair any SIGN located wholly or partly upon private or public property or (including a HIGHWAY) except in compliance with the provisions of this By-law. 1.10.2 Every PERSON who contravenes any of the provisions of this By-law is guilty of an offence and, upon conviction, shall be liable to the penalties prescribed by the Provincial Offences Act. For the purposes of this section, a separate violation shall be deemed to have been committed for each and every day during which the violation continues, and conviction in respect of a violation shall not operate as a bar to further prosecution if the violation continues. - 3 - City of Oshawa Sign By-law 72-96 1.10.3 Where a SIGN is erected or displayed in contravention of the provisions of this By-law, that SIGN may be removed by the CITY immediately without notice, if it has been located on, over, partly on, or partly over, a HIGHWAY or any other public property under the jurisdiction of the CITY. 1.10.4 Where a SIGN is wholly located on property other than property owned by or under the jurisdiction of the CITY and that SIGN is erected or displayed in contravention of the provisions of this By-law, the CHIEF BUILDING OFFICIAL shall cause a notice to be personally delivered or mailed to the OWNER of the unlawful SIGN or the property OWNER, requiring the permanent removal of the unlawful SIGN or the making of the unlawful SIGN to comply with the provisions of this By-law within a period of seven calendar days from the date of the notice. Failing the OWNER'S compliance with the notice, the CHIEF BUILDING OFFICIAL, in addition to such other remedies as provided in law, is authorized to enter on the land to cause the unlawful SIGN to be pulled down or removed at the expense of the OWNER who failed to comply with the notice. 1.10.5(1) An unlawful SIGN, with the exception of a UTILITY POLE POSTER SIGN, which has been removed by the CITY shall be kept by the CITY for a minimum period of thirty calendar days during which the CITY shall restore possession of the SIGN to the SIGN OWNER upon the CITY'S receipt of payment of the actual cost incurred by the CITY in the pulling down and removal of the unlawful SIGN based on labour and equipment; however, the minimum cost shall be $50.00 per SIGN. (1997-80) 1.10.5(2) Unlawful UTILITY POLE POSTER SIGNS may be disposed of immediately upon removal. 1.10.6 Where, following the prescribed retention period after the CITY'S removal of any unlawful SIGN, possession of the SIGN has not been restored to the OWNER of the SIGN, the CHIEF BUILDING OFFICIAL may dispose of the SIGN in any fashion. 1.10.7 The CITY may recover from the OWNER of the SIGN, or of the land from which the SIGN was removed, any expense incurred by it in the pulling down and removal of any unlawful SIGN, including any costs incurred in the storage and disposition thereof. Without limitation, these costs may be added to the municipal tax rolls and collected in like manner as municipal taxes. 1.10.8 Where the CHIEF BUILDING OFFICIAL, after inspecting a SIGN, is satisfied that it is UNSAFE and that the SIGN poses an immediate danger, the CHIEF BUILDING OFFICIAL may take any measures necessary to terminate the danger. 1.10.9 The provisions of this by-law may be enforced by: (a) the CHIEF BUILDING OFFICIAL; - 4 - City of Oshawa Sign By-law 72-96 (b) any PERSON appointed as a by-law enforcement officer for the purpose of enforcing the by-laws of the CITY; (c) a police officer pursuant to ss.42(1)(h) of the Police Services Act; (d) any PERSON appointed for the purpose by a by-law of the REGION; and/or (e) all employees of the REGION whose duties include the enforcement of Regional By-law No. 79-95. 1.10.10 Administrative Penalty Process By-law 63-2013 applies to each administrative penalty issued pursuant to this By-law. 1.10.11 Each PERSON who contravenes any provision of this By-law shall, upon issuance of a penalty notice in accordance with Administrative Penalty Process By-law 63-2013, be liable to pay to the City an administrative penalty. If a PERSON receives a penalty notice in accordance with the City's Administrative Penalty Process By-law for a contravention of the Sign By-law, and the PERSON has not received a penalty notice for the same contravention within one (1) calendar year or less, the PERSON shall be liable to pay to the City a tier one (1) administrative penalty amount for that contravention in the amount of $75. If a PERSON receives an additional penalty notice for the same contravention of the Sign By-law within one (1) calendar year or less from the date of the penalty notice containing a tier one (1) administrative penalty amount, the PERSON shall be liable to pay to the City a tier two (2) administrative penalty amount for that contravention in the amount of $175. If the PERSON receives a subsequent penalty notice for the same contravention of the Sign By-law within one (1) calendar year or less from the date of the penalty notice containing a tier two (2) administrative penalty amount, the PERSON shall be liable to pay to the City a tier three (3) administrative penalty amount for that contravention in the amount of $275. If the PERSON receives any subsequent penalty notices for the same contravention of the Sign By-law within one (1) calendar year or less from the date of the penalty notice containing a tier three (3) administrative penalty amount, the PERSON shall be liable to pay to the City a tier three (3) administrative penalty amount for that offence in the amount of $275. 1.11 Non-Conforming Signs 1.11.1 Repealed by By-law 1998-120 1.12 Effective Date 1.12.1 This By-law shall come into force on the date of passage by Council. 1.13 Liability 1.13.1 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any PERSON, who erects or displays, or causes or permits or allows to be erected or displayed, any SIGN, for personal injury - 5 - City of Oshawa Sign By-law 72-96 including injury resulting in death, or property damage resulting from the SIGN or from the acts or omissions of that PERSON, or his agents, servants, employees, contractors or sub-contractors, in the construction, erection, maintenance, display, ALTERATION, repair or removal of any SIGN erected in accordance with this By-law or a permit which is issued pursuant to this By-law. Likewise, the provisions of this By-law shall not be construed as imposing on the CITY, its officers, employees, servants and agents, any responsibility or liability whatsoever by reason of the approval of or issuance of a permit for any SIGN or removal of any SIGN. 1.14 Signs, Canopies and Marquees Which Project or Are Suspended Over a City Street 1.14.1 No PERSON shall erect or maintain any SIGN, CANOPY or MARQUEE attached or affixed to any land or building so as to project into or over or be suspended over a CITY STREET without an encroachment permit. 1.14.2 The CHIEF BUILDING OFFICIAL shall approve the issuance of all encroachment permits which shall be subject to those conditions he or she deems appropriate. 1.14.3 Application for an encroachment permit shall be made to the CHIEF BUILDING OFFICIAL. 1.14.4 The CHIEF BUILDING OFFICIAL shall not issue any building permit or SIGN PERMIT for a SIGN, CANOPY or MARQUEE that projects into or over, or is suspended over a CITY STREET until an encroachment permit is issued. 1.14.5 The CHIEF BUILDING OFFICIAL shall issue SIGN PERMITS for SPECIAL EVENT BANNERS over CITY STREETS in accordance with the provisions of this By-law. 1.15 Repeal and Amendments 1.15.1 By-law 59-86, as amended, is further amended as follows: (a) delete the words "or the display of advertising banners" in the recital; (b) delete the words "to display an advertising banner" in the first paragraph of Section 3.1; (c) delete the words "or the erection of an advertising banner" in the second paragraph of Section 3.2; (d) delete the words "or the display of an advertising banner" in Section 5.1; and (e) delete Section 5.10 in its entirety. 1.15.2 The following by-laws are repealed: (a) By-law 52-70, as amended. (b) By-law 3-70, as amended. - 6 - City of Oshawa Sign By-law 72-96 1.16 Signs On or Adjacent To Regional Roads and Provincial Highways 1.16.1 This By-law does not regulate a PROVINCIAL HIGHWAY and no provision under this By-law authorizes or permits any act which would otherwise be prohibited under the Public Transportation and Highway Improvement Act, with regard to a PROVINCIAL HIGHWAY. Further, the Province regulates SIGNS within 400m of the limits of a PROVINCIAL HIGHWAY. Article 3.1.16 sets out the current regulations in respect to SIGNS within 400m of the limits of a PROVINCIAL HIGHWAY. 1.16.2 This By-law regulates only TEMPORARY SIGNS, excluding UTILITY POLE POSTER SIGNS AND SPECIAL EVENT BANNERS, as they occur on, in or over REGIONAL ROADS. 1.17 Election Signs (80-1997) 1.17.1 Nothing in this by-law shall apply to ELECTION SIGNS. ELECTION SIGNS are regulated by a separate by-law. (80-1997) 1.18 Authority to Regulate Adult Entertainment Parlour Signage (1999-66) 1.18.1 Section 225(2) of the Municipal Act, R.S.O. 1990, c.M.45 provides that by-laws may be passed for the regulation and placement, construction, size, nature and character of signs, including regulation of any printed matter posted or used for the purpose of promoting ADULT ENTERTAINMENT PARLOURS. (1999-66) - 7 - City of Oshawa Sign By-law 72-96 Section 2: Definitions 2.1 When a word set out in this Subsection appears in the text of this By-law in capital letters, that word shall have the meaning prescribed to it in this Subsection. When a word set out in this Subsection appears in the text of this By-law in regular case, that word shall have the meaning prescribed to it in the CITY'S ZONING BY-LAW. If a word is not defined in the CITY'S ZONING BY- LAW, its ordinary dictionary meaning shall apply. "ACCESSORY SIGN" means a SIGN which relates exclusively to the use of the LOT upon which the SIGN is located. "ADDRESS SIGN" means a FASCIA SIGN or GROUND SIGN which is also an ACCESSORY SIGN and does not exceed 0.4m2 of SIGN AREA, contains no commercial message and is intended solely to indicate municipal address. "ADULT ENTERTAINMENT PARLOUR" means any premises or part thereof in which is provided in pursuance of a trade, calling, business, or occupation, goods or services appealing to or designed to appeal to erotic or sexual appetites or inclinations. In respect of an ADULT ENTERTAINMENT PARLOUR goods include, books, magazines, pictures, slides, film, phonograph records, prerecorded magnetic tape and any other reading viewing or listening matter. (1999-100) "ADULT ENTERTAINMENT PARLOUR SIGN" means any type of SIGN located outside or capable of being viewed from the outside of a premises used as an ADULT ENTERTAINMENT PARLOUR, which sign is used or intended to be used to advertise an ADULT ENTERTAINMENT PARLOUR. (1999-66) "ALTER" means to make any change to a SIGN, including the addition, deletion or rearrangement of parts, but excluding the changing of copy on a changeable copy SIGN or the replacement of display matter in an existing structural frame or the replacement of identical parts for maintenance purposes. ALTERATION and ALTERING shall have corresponding meanings. "ANIMATED SIGN" means a SIGN with a SIGN FACE which moves in whole or in part and includes a rotating SIGN, but does not include a clock, a time, date or temperature display or a READ-O-GRAPH. "BANNER SIGN" means a TEMPORARY SIGN of lightweight plastic, fabric or similar material. "BILLBOARD SIGN" means a SIGN to which copy is fastened, posted, painted or projected in such a manner as to permit its periodic replacement and which advertises goods, products, services or facilities that are not available at the location of the SIGN and/or which directs a PERSON to a location different from that where the SIGN is located. - 8 - City of Oshawa Sign By-law 72-96 "BOULEVARD" means the part of a CITY STREET or REGIONAL ROAD between the edge of the road allowance and the edge of the curb or, where there is no curb, the travelled portion of the road. A BOULEVARD may or may not contain a sidewalk. "CANOPY" means a rigid or collapsible roof like structure which is parallel to the building face to which it is attached and which projects not more than 2m from all or part of the building face to which it is attached. "CANOPY SIGN" means a SIGN which is printed, painted, projected or affixed on a CANOPY. A CANOPY SIGN includes: (a) a single CANOPY SIGN advertising one PREMISES; (b) a single CANOPY SIGN advertising more than one PREMISES; and (c) more than one CANOPY SIGN, provided the SIGNS' dimensions, excluding length, are identical and the SIGNS abut one another so as to appear as a single SIGN. "CHARITABLE ORGANIZATION" means an association of PERSONS that is charitable under the laws of Ontario or of Canada. "CHIEF BUILDING OFFICIAL" means the PERSON appointed by by-law to enforce the Building Code Act, or his or her designate. "CITY" means The Corporation of the City of Oshawa. "CITY'S ZONING BY-LAW" means By-law 60-94 of the CITY, including all amendments and successor by-laws. "CITY STREET" means a HIGHWAY under the jurisdiction of the CITY. "CLEARANCE" means the vertical distance between the lowest limit of a SIGN (excluding the pole or standard supporting the SIGN) and the GRADE immediately below the SIGN. "COMMERCIAL MOBILE SIGN" means a TEMPORARY MOBILE SIGN which contains a commercial message or reference or directs PERSONS to a commercial enterprise. "COMMISSIONER" means the CITY's Commissioner, Development Services Department. (12-2017) "COMMUNITY ASSOCIATION" means a group of PERSONS organized for the advancement of activities of a civic, social, cultural or recreational nature and whose activities are not conducted for monetary profit. - 9 - City of Oshawa Sign By-law 72-96 "COMMUNITY EVENT SIGN" means a TEMPORARY SIGN advertising events conducted or sponsored by CHARITABLE ORGANIZATIONS or COMMUNITY ASSOCIATIONS, garage sales, or seasonal sales (such as Christmas tree sales and the seasonal sale of produce). "CONGRATULATORY SIGN" means a TEMPORARY GROUND SIGN or MOBILE SIGN which does not contain a commercial message or reference and does not direct PERSONS to a commercial enterprise. "CONSTRUCTION IDENTIFICATION SIGN" means a TEMPORARY SIGN located on a LOT where a building is to be or is being built or renovated or demolished indicating information related to its design, construction, renovation, demolition, ownership and rental or sale. "DIRECTIONAL SIGN" means an ACCESSORY SIGN which does not exceed 0.4m2 of SIGN AREA and which is used solely to direct traffic. A DIRECTIONAL SIGN may contain a corporate logo. "DIRECTOR" means the CITY's Director of Planning Services, Development Services Department. (12-2017) "DISPLAY SURFACE" means the surface of a SIGN (excluding the SIGN STRUCTURE), upon, against or through which the message of the SIGN is displayed. "DRIVEWAY SIGHT TRIANGLE" means a triangular space on a LOT bounded by the STREET LINE, the side of the driveway leading from a HIGHWAY and a straight line joining the points in the STREET LINE and the side of the driveway line which are a distance of 3m from the point of intersection of the side of the driveway with the STREET LINE. "ELECTION SIGN" means a SIGN pertaining to the election of a PERSON or political party seeking public office or pertaining to a REFERENDUM being lawfully conducted by any competent level of government. (1997-80) "FACADE" means the exterior wall face of a STOREY. "FASCIA SIGN" means a SIGN located in such a manner that the DISPLAY SURFACE of the SIGN is parallel to the FACADE or the architectural feature of the building to which it is attached. A SIGN attached to an architectural feature of a building is a FASCIA SIGN. A FASCIA SIGN includes: (a) a single FASCIA SIGN with a single panel of copy; (b) a single FASCIA SIGN with more than one SIGN panel of copy within it; (c) more than one FASCIA SIGN on one FACADE, provided the SIGNS' dimensions, excluding length, are identical and the SIGNS abut one another so as to appear as a single SIGN; and - 10 - City of Oshawa Sign By-law 72-96 (d) free standing numbers, letters or shapes or groupings of numbers, letters or shapes provided the dimensions of each number, letter or shape are identical and each number, letter or shape is placed in a sequence or manner which presents a consistent and co-ordinated message similar to that which would be provided by a single panel of copy. (12-2017) "FLASHING SIGN" means a SIGN with illumination that varies in intensity at periodic intervals. "GRADE" means the average elevation of the finished surface of the ground where it meets a structure, exclusive of any artificial embankment. "GROUND SIGN" means a SIGN which is free-standing in a fixed location and is wholly supported by a SIGN STRUCTURE erected on and in the ground, but shall not mean or include a PYLON SIGN. "HIGHWAY" means a common and public HIGHWAY, street, avenue or parkway any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines including any BOULEVARD. "HOME BUILDER IDENTIFICATION SIGN" means a TEMPORARY SIGN identifying a home builder and/or its subdivision or condominium marketing name. It may include directions to the subdivision or condominium site, and may include the price of units or lots offered for sale. "ILLUMINATED" means lit by artificial light which is direct, indirect, internal or external to the SIGN. "INCIDENTAL SIGN" means a generally informational ACCESSORY SIGN which has a purpose secondary to the use of the LOT on which it is located and which does not exceed 0.4m2 in SIGN AREA. No SIGN with a commercial message legible from a position off the LOT it is on shall be considered incidental. Examples of INCIDENTAL SIGNS include: "no trespassing", "fire route", advice about a height clearance, directory boards, menu boards, and other similar directives. "INFLATABLE SIGN" means a TEMPORARY SIGN filled by air or other gas and either designed to be airborne or tethered to the ground, a vehicle, a roof or any other structure, and shall include balloons. "LOT" means a parcel of land which is: (a) shown as a LOT or block on a registered plan of subdivision; or (b) described in a single Transfer/Deed of Land of legal effect registered in the Land Registry Office or the Land Titles Office for the Land Registry Division of Durham. - 11 - City of Oshawa Sign By-law 72-96 "LOT FRONTAGE" means the length of that segment of a straight line contained within the LOT which is parallel to a line which joins the points of intersection of the side LOT lines with the front LOT line and which is a perpendicular distance from the front LOT line equal to the minimum front yard depth required under the CITY'S ZONING BY-LAW for the LOT in question. "MARQUEE" means a rigid roof like structure which is parallel to the building face to which it is attached and which projects more than 2m from all or part of the building face to which it is attached. "MARQUEE SIGN" means a SIGN printed, painted, projected or affixed on a MARQUEE. "MENU ORDER BOARD" means a SIGN erected as part of a VEHICLE DRIVE- THROUGH FACILITY and used to display and order products and services available in association with a vehicle drive-through business. (9-2023) "MOBILE SIGN" means a SIGN, which is specifically designed or intended to be TEMPORARY in nature, capable of being readily relocated from one location to another, and which does not rely on a building or a fixed foundation for its structural support. Without limitation, a MOBILE SIGN shall not include any other SIGN as defined in this by-law. "MULTIPLE RESIDENTIAL" means block townhouses and apartment buildings. "MURAL" means any type of display or artistic endeavour painted on or otherwise affixed directly to any external FACADE of a building or structure which does not include any words of advertisement or any other direct or indirect promotional message or content. "NON-ACCESSORY SIGN" means a SIGN in which the copy does not relate to the lawful use of the LOT upon which the SIGN is located. "OFFICIAL SIGN" means a SIGN required by or erected on behalf of any federal, provincial, Regional, or municipal government or agency thereof or board or commission or PUBLIC UTILITY. Examples of OFFICIAL SIGNS include: bus shelter SIGNS approved by Oshawa Transit Commission, SIGNS on benches on BOULEVARDS (provided an agreement has been executed for the SIGNS with the CITY or REGION), SIGNS erected by a PUBLIC UTILITY advising of matters related to its facilities and mandate, and PERMANENT entrance SIGNS to a subdivision (provided these are included in a subdivision agreement with the CITY). "OWNER" includes either or both the registered OWNER or a PERSON in charge or possession of something. - 12 - City of Oshawa Sign By-law 72-96 "PENNANT" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind, but not including BANNER SIGNS or recognized flags. "PERSON" means an individual, association, firm, partnership, corporation, trust, organization, trustee or agent, and the heirs, executors or legal representatives of the PERSON to whom the context can apply according to law. "PERMANENT", when used to describe a SIGN, means that the SIGN is intended to exist in place for its usable life span, and includes any SIGN not designated as a TEMPORARY SIGN. "PLANNING NOTIFICATION SIGN" means a SIGN required by the CITY, the REGION or the Province to inform the public of proposed changes to land use rights or lot limits. "POINT OF INTERSECTION" means the point at which the curb or, where there is no curb, the travelled portion of a CITY STREET or REGIONAL ROAD is intersected by the curb or, where there is no curb, the edge of the travelled portion of another CITY STREET, REGIONAL ROAD, PROVINCIAL HIGHWAY, driveway or private road or railway corridor, as applicable. "PRE-MENU BOARD" means a SIGN erected as part of a VEHICLE DRIVE- THROUGH FACILITY and only used to display products and services available in association with a vehicle drive through business. (9-2023). "PREMISES" means the area of a building or part thereof and/or lands or part thereof occupied or used for commercial and/or industrial purposes. In a multiple occupancy building, occupied by more than one business, each business area shall be considered a separate PREMISES. "PROJECTING SIGN" means a SIGN the DISPLAY SURFACE of which is perpendicular to a FACADE but does not include a CANOPY SIGN, a MARQUEE SIGN or a FASCIA SIGN. "PROVINCIAL HIGHWAY" means a HIGHWAY under the jurisdiction of the Province of Ontario. "PUBLIC UTILITY" means an entity which provides a municipal or public utility service, and includes the CITY, Bell Canada, Consumers Gas, the Oshawa Public Utilities Commission, the Oshawa Transit Commission, Ontario Hydro, Trans-Northern Pipelines and Trans-Canada Pipelines and REGION. For the purposes of this by-law, Rogers Cable TV shall be considered a PUBLIC UTILITY. "PYLON SIGN" means a SIGN supported by one or more poles or standards. (12-2017) - 13 - City of Oshawa Sign By-law 72-96 "RAILWAY SIGHT TRIANGLE" means a triangular space on a LOT bounded by the two straight lines which define the edge of a railway corridor and the adjacent STREET LINE and a straight line connecting the two points on the aforementioned two straight lines which are at a distance of 6m from the point of their intersection. "READ-O-GRAPH" means a SIGN indicating an electronic message via ILLUMINATED, moving and changing light patterns which form words or numbers. "REAL ESTATE OPEN HOUSE SIGN" means a TEMPORARY SIGN identifying an open house and/or giving directions to a real estate point of sale. "REAL ESTATE POINT OF SALE SIGN" means a TEMPORARY SIGN advertising the lease or sale of the LOT or PREMISES or unit on which it is located. "REGION" means the Regional Municipality of Durham. "REGIONAL ROAD" means a HIGHWAY under the jurisdiction of the REGION of Durham. "ROOF SIGN" means any SIGN which is located entirely on or above the roof of a building or located entirely on the top of or above the parapet of a building. "SANDWICH BOARD SIGN" means a free standing portable TEMPORARY SIGN supported by its own weight and includes an A-frame, A-board and a T- frame SIGN with advertising. (12-2017) "SIGHT TRIANGLE" means a triangular space on a LOT bounded by the two straight lines which contain the defining angle of a corner LOT and a straight line connecting the two points on the aforementioned two straight lines which are at a distance of 6m from the point of intersection. "SIGN" means any device, including the SIGN STRUCTURE or other component parts, which is used or is capable of being used to attract attention to a specific subject matter for identification, information or advertising purposes and includes, without limiting the generality of the foregoing, all BANNER SIGNS and the systems by which they are displayed. "SIGN AREA" means: (a) in the case of a SIGN having one DISPLAY SURFACE, the area of the DISPLAY SURFACE; (b) in the case of a SIGN having two DISPLAY SURFACES, which are separated by the thickness of the SIGN STRUCTURE and the thickness is not used as a DISPLAY SURFACE, the area of one DISPLAY SURFACE; - 14 - City of Oshawa Sign By-law 72-96 (c) in the case of a free standing number, letter or shape, the smallest rectangle which will enclose the number, letter or shape; and (d) in the case of groupings of free standing numbers, letters or shapes, or combinations thereof, the sum of the areas of the smallest rectangles which will enclose each separate grouping of letters, numbers or shapes. "SIGN FACE" means the entire area of the SIGN excluding the SIGN border, frame or SIGN STRUCTURE. "SIGN HEIGHT" means the vertical distance measured from GRADE to the highest extremity of the SIGN including the SIGN STRUCTURE. "SIGN PERMIT" means any permit, other than a building permit or encroachment permit, issued by the CHIEF BUILDING OFFICIAL, the COMMISSIONER or the DIRECTOR pursuant to the provisions of this By-law. (12-2017) "SIGN STRUCTURE" means the framework, bracing or support of a SIGN. "SPECIAL EVENT BANNER" means a BANNER SIGN which is a TEMPORARY SIGN promoting or advertising an undertaking or event and which is displayed over a CITY STREET. "SPECIAL EVENT SIGN" means a TEMPORARY GROUND SIGN or MOBILE SIGN conveying a message about an undertaking or event by a CHARITABLE ORGANIZATION or COMMUNITY ASSOCIATION. "STOREY" means a part of a building which is not a half storey and which is situated between any floor level and the floor, ceiling or roof next above it and shall include a basement but shall not include a cellar or attic. For the purpose of permitting FASCIA SIGNS, the architectural feature of a building is considered to be part of the STOREY the architectural feature is affixed to. (12-2017) "STOREY, FIRST" means the STOREY with its floor closest to GRADE, excluding basements or cellars, and having its ceiling more than 2m above GRADE. "STREET LINE" means the boundary between a LOT or a 0.3m reserve and the HIGHWAY upon which the LOT or 0.3m reserve abuts. "SUBDIVISION OR CONDOMINIUM SIGN" means a TEMPORARY SIGN located within the limits of a plan of subdivision or condominium indicating the name of the subdivision or condominium and/or advertising the sale of lots or units within the plan of subdivision or condominium. - 15 - City of Oshawa Sign By-law 72-96 "SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN" means a TEMPORARY SIGN located outside the limits of a plan of subdivision or condominium indicating the name of the subdivision or condominium, directions to the plan of subdivision or condominium and/or advertising the sale of lots or units in the subdivision or condominium. "SURFACE SIGN" means a SIGN marked or inscribed on the FACADE of a building. "TEMPORARY", when describing a SIGN means that SIGN conveys a message for a specific limited period of display. The following are examples of TEMPORARY SIGNS: a HOME BUILDERS IDENTIFICATION SIGN, a COMMERCIAL MOBILE SIGN, SANDWICH BOARD SIGN, a PLANNING NOTIFICATION SIGN, a REAL ESTATE OPEN HOUSE SIGN, a REAL ESTATE POINT OF SALE SIGN, a SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN, a SUBDIVISION OR CONDOMINIUM SIGN, a UTILITY POLE POSTER SIGN, a SPECIAL EVENT BANNER, a CONSTRUCTION IDENTIFICATION SIGN, a CONGRATULATORY SIGN, a COMMUNITY EVENT SIGN, a SPECIAL EVENT SIGN, a BANNER SIGN, an INFLATABLE SIGN and SIGNS associated with a temporary sales office. (1997-80, 12-2017) "UNSAFE" when used with respect to a SIGN, means the SIGN is, in the opinion of the CHIEF BUILDING OFFICIAL: (a) structurally inadequate or faulty; or (b) in a condition that could be hazardous to a pedestrian, motorist, or property near or on the LOT on which the SIGN is located. "UTILITY POLE POSTER SIGN" means posters, notices, handbills and paper advertisements which are posted on a utility pole located on a CITY STREET, advertising or promoting an event or activity. "VACANT LOT" means a LOT that does not have a building on it. "VEHICLE DRIVE-THROUGH FACILITY" means the use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through/by an attendant or a window or automated machine, to persons remaining in vehicles that are in a Vehicle Queuing Lane but does not include a car wash or kiosks and automated machines located within a parking garage or public parking lot. (9-2023) "WINDOW SIGN" means a SIGN placed inside or upon or marked or inscribed on, or attached to, the inside of a window or door for the purpose of viewing from outside the PREMISES. "ZONE" means a ZONE established under Section 3 of the CITY'S ZONING BY- LAW. - 17 - City of Oshawa Sign By-law 72-96 Section 3: General Provisions Affecting Signs in all Zones 3.1 General Provisions Affecting Signs in All Zones 3.1.1 No PERSON shall erect or display, or cause to be erected or displayed, any SIGN except in compliance with the provisions of this Subsection. 3.1.2 Each SIGN shall comply with the provisions of this By-law. 3.1.3 No SIGN shall screen from view, obstruct or impede any emergency vehicle access, fire route, fire escape, hydrant, standpipe, fire exit, exit direction marker, light, door, window, fire fighter's access panel or other fire safety device, skylight or prevent or impede free access from or to any part of a building or fire access by firefighters to any part of a building. 3.1.4 No SIGN shall obstruct or impede the functioning of any flue or air intake or any exhaust. 3.1.5 No SIGN shall obstruct a parking space, loading space, driveway or aisle required by the CITY'S ZONING BY-LAW or inhibit the utilization of the parking space, loading space, driveway or aisle unless additional parking spaces, loading spaces, driveways or aisles can be provided to replace any required parking spaces, loading spaces, driveways or aisles that are obstructed. 3.1.6 Except for TEMPORARY SIGNS permitted on BOULEVARDS, every SIGN shall be authorized by the registered OWNER of the LOT on which it is to be located. 3.1.7 No SIGN other than an INCIDENTAL SIGN shall be attached to a fence or tree. 3.1.8 No SIGN shall obstruct pedestrian traffic or obscure clear visibility of normally approaching pedestrian traffic. 3.1.9 No SIGN shall, by reason of its size, location, content, colouring or manner of illumination, obstruct the vision of drivers entering or leaving a CITY STREET, REGIONAL ROAD or PROVINCIAL HIGHWAY from or to another CITY STREET, REGIONAL ROAD or a PROVINCIAL HIGHWAY or private road or driveway or obstruct, detract from or interfere with the visibility or effectiveness of any traffic sign or traffic signal light on any CITY STREET, REGIONAL ROAD or PROVINCIAL HIGHWAY. 3.1.10 No SIGN shall resemble any regulatory traffic sign established under the Highway Traffic Act or the regulations made thereunder or be used for the purpose of attempting to direct the movement of traffic. 3.1.11 No SIGN shall have a colour, shape or location which may cause it to be confused with any traffic control sign, signal or device. 3.1.12 No SIGN shall be erected or displayed in such a manner as to interfere with any public service or utility. - 18 - City of Oshawa Sign By-law 72-96 3.1.13 Every SIGN shall comply with the provisions of the Electrical Safety Code, the Occupational Health and Safety Act, the Construction Safety Act and any other applicable governmental regulation. 3.1.14 Electrical wires accessory to SIGNS are prohibited on parking lots, driveways and walkways. 3.1.15 Every SIGN shall comply with the provisions of the Building Code Act. 3.1.16 Every SIGN shall comply with all applicable provisions of the Ministry of Transportation of Ontario. In this regard, within 400m of the limits of a PROVINCIAL HIGHWAY all SIGNS require the approval of the Ministry of Transportation of Ontario. At the time of passing of this by-law, the regulations of the Ministry of Transportation within 400m of the limits of a PROVINCIAL HIGHWAY are: (a) no temporary signs are permitted; (b) no non-accessory signs are permitted; (c) any permitted sign shall be a minimum of 3.03m from the provincial highway property line; (d) no sign shall have a sign height exceeding 7.6m above the highway grade; and (e) no signs with flashing lights, moving parts or read-o-graphs are permitted. 3.1.17 No SIGN shall project over an area to which pedestrians have access unless it has a CLEARANCE of 2.4m. 3.1.18 No SIGN shall project over an area to which vehicles have access unless it has a CLEARANCE of 4.25m. 3.1.19 No SIGN shall be permitted on a median or a traffic island. 3.1.20 No SIGN shall be ILLUMINATED by or contain a flashing, intermittent, rotating or changing light, beam or beacon. 3.1.21 No SIGN shall be permitted in a SIGHT TRIANGLE, RAILWAY SIGHT TRIANGLE or a DRIVEWAY SIGHT TRIANGLE unless: (a) the SIGN has a SIGN HEIGHT of 0.9m or less; (b) the SIGN is located in a RAILWAY SIGHT TRIANGLE and maintains a CLEARANCE of 2.4m and utilizes a single pole or standard as the support provided the pole or standard has a diameter or width at its largest dimension of less than 0.3m.; or, (c) the SIGN is located within a SIGHT TRIANGLE or DRIVEWAY SIGHT TRIANGLE, maintains a CLEARANCE of 2.4m and utilizes a pole(s) or standard(s) as the support, provided that every pole or standard has a - 19 - City of Oshawa Sign By-law 72-96 diameter of width at its largest dimension of less than 0.3m and no more than one (1) pole or standard is located within the SIGHT TRIANGLE or DRIVEWAY SIGHT TRIANGLE. (12-2017) 3.1.22 No SIGN shall be placed on any OFFICIAL SIGN unless it is another OFFICIAL SIGN. 3.1.23 Every SIGN shall comply with all applicable Federal Airport Zoning Regulations. Amongst other matters, said regulations pertain to ILLUMINATION. 3.2 General Provisions Affecting Signs Permitted on Boulevards 3.2.1 No PERSON shall erect or display or cause to be erected or displayed any SIGN permitted on a BOULEVARD except in compliance with the provisions of this Subsection. 3.2.2 No SIGN on a BOULEVARD shall be located closer than 1m from the curb or 2m from the travelled portion of a HIGHWAY where there is no curb. 3.2.3 No SIGN on a BOULEVARD shall exceed a height of 1.2m above the surface of the curb or shoulder or BOULEVARD, as the case may be, or be greater than 0.8m in width. 3.2.4 No SIGN on a BOULEVARD shall remain in its original location, or within 500m of its original location, for a total of more than 72 hours (excluding statutory holidays but including weekends) during any consecutive seven day period. 3.2.5 Every SIGN on a BOULEVARD shall clearly indicate the name, address and telephone number of the PERSON, or organization responsible for creating and erecting the SIGN. 3.2.6 No SIGN on a BOULEVARD shall be erected, placed, maintained or displayed on a sidewalk. 3.2.7 No SIGN with a height greater than 0.6m above the surface of the curb or shoulder or boulevard shall be erected, placed, maintained or displayed within 20m of a POINT OF INTERSECTION. 3.2.8 No SIGN shall destroy, alter, or obstruct the view of anything permitted to be located on BOULEVARDS on CITY STREETS under By-law 165-70, as amended from time to time, or its successor. 3.2.9 Notwithstanding Article 3.2.1, Subsection 3.2 shall not apply to UTILITY POLE POSTER SIGNS. - 20 - City of Oshawa Sign By-law 72-96 3.3 Signs Prohibited in All Zones 3.3.1 No PERSON shall erect or display, or cause to be erected or displayed, the following SIGNS: (a) FLASHING SIGNS; (b) ANIMATED SIGNS; (c) ROOF SIGNS; (d) SIGNS that advertise a business, product, activity or service, which are mounted, placed or displayed on any vehicle situated on any LOT, except SIGNS or lettering on vehicles licensed and capable of immediate use as a means of transportation; (e) SURFACE SIGNS; (f) NON-ACCESSORY SIGNS other than a BILLBOARD SIGN, a COMMUNITY EVENT SIGN, a CONSTRUCTION IDENTIFICATION SIGN, an ELECTION SIGN, a HOME BUILDERS IDENTIFICATION SIGN, a REAL ESTATE OPEN HOUSE SIGN, a SPECIAL EVENT BANNER, a SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN and a UTILITY POLE POSTER SIGN; (9-2023) (g) MURALS which have not been approved by Council or a Standing Committee of Council; (h) A SIGN with more than two DISPLAY SURFACES; and (i) Any SIGN not specifically permitted by this by-law. 3.4 Signs Permitted in All Zones 3.4.1 Subject to compliance with the provisions of Subsection 3.1, the following SIGNS are permitted in all ZONES and may be ILLUMINATED: (a) ADDRESS SIGNS; (b) DIRECTIONAL SIGNS, provided not more than two are placed within 6m of any STREET LINE at each vehicular entrance or exit; (c) INCIDENTAL SIGNS; (d) WINDOW SIGNS; (e) Commemorative plaques or corner stones of a non-advertising nature; and (f) SIGNS erected by any conservation authority, school board or post- secondary institution established by the Government of Ontario, as related to their facilities and mandates. (12-2017) - 21 - City of Oshawa Sign By-law 72-96 3.5 Signs On or Over City Property and City Streets 3.5.1 No PERSON other than the CITY shall erect or display, or cause to be erected or displayed, any SIGN upon or over any CITY property or CITY STREET except an OFFICIAL SIGN. 3.5.2 Notwithstanding Article 3.5.1, the following TEMPORARY SIGNS are permitted on BOULEVARDS without a permit, provided each SIGN complies with the provisions of this by-law: (a) HOME BUILDERS IDENTIFICATION SIGNS; (b) REAL ESTATE OPEN HOUSE SIGNS; and (c) COMMUNITY EVENT SIGNS. (1997-80) 3.5.3 Notwithstanding Article 3.5.1, UTILITY POLE POSTER SIGNS are permitted on or over a CITY STREET provided each complies with the provisions of this by- law. 3.5.4 Notwithstanding Article 3.5.1, SPECIAL EVENT BANNERS may be permitted on a CITY STREET provided each complies with the provision of this by-law. 3.5.5 Notwithstanding Article 3.5.1, SIGNS, CANOPIES and MARQUEES may be permitted to project or be suspended on or over a CITY STREET subject to the approval of the CHIEF BUILDING OFFICIAL in compliance with the provisions of this by-law. 3.5.6 Notwithstanding Article 3.5.1, SANDWICH BOARD SIGNS are permitted on a BOULEVARD provided that a SIGN PERMIT for the SANDWICH BOARD SIGN has been issued and the SANDWICH BOARD SIGN is in compliance with the provisions of this By-law. (12-2017) 3.6 Fascia Signs 3.6.1 No PERSON shall erect or display, or cause to be erected or displayed, a FASCIA SIGN except in compliance with the provisions of this Subsection. 3.6.2 A FASCIA SIGN shall have a maximum projection of 0.5m from any wall to which it is attached. 3.6.3(1) No FASCIA SIGN shall extend vertically above a roof line unless it is affixed to an architectural feature of a building. (12-2017) 3.6.3(2) No FASCIA SIGN affixed to an architectural feature of a building shall extend more than 2m vertically above a roof line. (12-2017) 3.6.3(3) Notwithstanding Article 3.6.3(2), a FASCIA SIGN which solely exhibits a corporate logo and is affixed to an architectural feature of a building may extend - 22 - City of Oshawa Sign By-law 72-96 more than 2m vertically above a roof line but it shall not extend more than 4m vertically above a roof line. (12-2017) 3.6.4 No FASCIA SIGN shall project beyond the end of a wall except to connect at a corner with another FASCIA SIGN that is perpendicular to it and of identical dimensions, excluding length. 3.6.5 A FASCIA SIGN on a FIRST STOREY may be located partly above the FIRST STOREY, provided at least half of the SIGN is on the FIRST STOREY and all of the SIGN is located below the lowest window or set of windows on an upper STOREY. 3.6.6 FASCIA SIGNS and CANOPY SIGNS on the same wall face shall be separated vertically by not less than 1.5m. 3.7 Canopy Signs 3.7.1 No PERSON shall erect or display, or cause to be erected or displayed, a CANOPY SIGN except in compliance with the provisions of this Subsection. 3.7.2 No CANOPY SIGN shall project more than 2m from any wall to which it is attached. 3.7.3 No CANOPY SIGN shall project more than 1m above a roof line. 3.7.4 No CANOPY SIGN shall extend beyond the end of a wall except to connect with another CANOPY SIGN that is perpendicular to it and of identical dimensions, excluding length. 3.7.5 The SIGN AREA of a CANOPY SIGN shall be measured as the space on a wall which is behind the four extremities of the CANOPY SIGN as attached or projected onto the wall. 3.7.6 A CANOPY SIGN on a FIRST STOREY may be located partly above the FIRST STOREY, provided at least half of the SIGN is on the FIRST STOREY and all of the SIGN is located below the lowest window or set of windows on an upper STOREY. 3.7.7 CANOPY SIGNS and FASCIA SIGNS on the same wall face shall be separated vertically by not less than 1.5m. 3.8 Ground Signs 3.8.1 No PERSON shall erect or display, or cause to be erected or displayed, a GROUND SIGN except in compliance with the provisions of this Subsection. 3.8.2 No GROUND SIGN shall exceed 3.6m in SIGN HEIGHT unless otherwise specified. - 23 - City of Oshawa Sign By-law 72-96 3.8.3 GROUND SIGNS shall have a minimum setback from the STREET LINE of 1.0m, unless otherwise specified. 3.9 Pylon Signs 3.9.1 No PERSON shall erect or display, or cause to be erected or displayed, a PYLON SIGN except in compliance with the provisions of this Subsection. 3.9.2 No PYLON SIGN shall exceed 8.0m in SIGN HEIGHT unless otherwise specified. 3.9.3 PYLON SIGNS shall have a minimum setback from the STREET LINE of 1.0m, unless otherwise specified. 3.10 Projecting Signs 3.10.1 No PERSON shall erect or display, or cause to be erected or displayed, a PROJECTING SIGN except in compliance with the provisions of this Subsection. 3.10.2 No PROJECTING SIGN shall be permitted on the FIRST STOREY, except in the CBD (Central Business District) ZONE. (12-2017) 3.10.3 No PROJECTING SIGN shall extend more than 1.5m beyond the FACADE to which it is attached. 3.11 Read-O-Graphs 3.11.1 One READ-O-GRAPH and/or time, date and temperature display shall be permitted to be incorporated into a DISPLAY SURFACE as part of the permitted maximum SIGN AREA on FASCIA SIGNS, GROUND SIGNS, PYLON SIGNS, MENU ORDER BOARDS, PRE-MENU BOARDS and PROJECTING SIGNS. (9-2023) 3.12 Official Signs 3.12.1 None of the provisions of this By-law shall apply to prevent the erection or display of any OFFICIAL SIGN. 3.13 Adult Entertainment Parlour Signs (1999-66) 3.13.1 No person shall erect, display, or cause to be erected or displayed any ADULT ENTERTAINMENT PARLOUR SIGN except in compliance with the provisions of this Subsection. 3.13.2 No ADULT ENTERTAINMENT PARLOUR SIGN shall be erected or displayed unless the sign complies with the provisions of Subsection 3.1 of this By-law. - 24 - City of Oshawa Sign By-law 72-96 3.13.3 No ADULT ENTERTAINMENT PARLOUR SIGN shall be erected or displayed except upon a LOT where an ADULT ENTERTAINMENT PARLOUR is lawfully conducting its business. 3.13.4 No PERMANENT SIGN other than a FASCIA SIGN, CANOPY SIGN, GROUND SIGN or PYLON SIGN shall be erected or used to advertise an ADULT ENTERTAINMENT PARLOUR. 3.13.5 No more than one FASCIA SIGN, or CANOPY SIGN, or GROUND SIGN, or PYLON SIGN, having any advertising related to an ADULT ENTERTAINMENT PARLOUR, shall be permitted per STREETLINE. 3.13.6 No ADULT ENTERTAINMENT PARLOUR SIGN shall contain advertising other than the words "ADULT ENTERTAINMENT", "ADULT ENTERTAINMENT PARLOUR", and the name under which the business is operated. 3.13.6 No ADULT ENTERTAINMENT PARLOUR SIGN shall contain advertising other than the words "ADULT ENTERTAINMENT", "ADULT ENTERTAINMENT PARLOUR", "ADULT VIDEO", "ADULT MAGAZINES", "ADULT PICTURES", "ADULT BOOKS", "ADULT FILM", "ADULT RECORDINGS", and the name under which the business is operated. (1999-100) 3.13.7 Notwithstanding any other provisions of this schedule, no ADULT ENTERTAINMENT PARLOUR SIGN shall include any of the following words: "naked", "nude", "topless", "bottomless", "sexy", or any other word or picture, symbol or representation having like meaning or implication. 3.13.8 No FASCIA SIGN or CANOPY SIGN used or intended to be used to advertise an ADULT ENTERTAINMENT PARLOUR shall be erected or displayed on a FACADE above the FIRST STOREY of any building. 3.13.9 No ADULT ENTERTAINMENT PARLOUR SIGN shall be erected or displayed except in compliance with the following: (a) Subject to Article 3.13.10 of this Subsection, no FASCIA SIGN or CANOPY SIGN or part of a FASCIA SIGN or CANOPY SIGN shall exceed 30 percent of the FACADE of the FIRST STOREY of the building and shall not exceed a maximum SIGN AREA of 20m². (b) No GROUND SIGN or PYLON SIGN shall exceed a SIGN AREA of a ratio of 0.3m2 for each metre of STREET LINE to a maximum of 5m2. (1999-100) 3.13.10 When an ADULT ENTERTAINMENT PARLOUR is located in a building consisting of multiple business tenants, no FASCIA SIGN or CANOPY SIGN or part of a FASCIA SIGN or CANOPY SIGN used as an ADULT ENTERTAINMENT PARLOUR SIGN shall exceed 30 percent of the FACADE of the FIRST STOREY of the PREMISES where the ADULT ENTERTAINMENT - 25 - City of Oshawa Sign By-law 72-96 PARLOUR is licensed to operate and shall not exceed a maximum SIGN AREA of 20m2. 3.13.11 No WINDOW SIGN, READ-O-GRAPH, TEMPORARY SIGN, BANNER SIGN or any SIGN which is mounted, placed, painted or displayed on a vehicle, shall be used in whole or in part to advertise an ADULT ENTERTAINMENT PARLOUR. 3.14 Signs Associated with VEHICLE DRIVE-THROUGH FACILITIES (9-2023) 3.14.1 No person shall erect or display, or cause to be erected or displayed, any MENU ORDER BOARD or PRE-MENU BOARD except in compliance with the provisions of this Subsection. 3.14.2 The SIGN AREA of a MENU ORDER BOARD shall not exceed 4m2. 3.14.3 The SIGN AREA of a PRE-MENU BOARD shall not exceed 2m2. 3.14.4 One MENU ORDER BOARD shall be permitted per drive-through lane. 3.14.5 One PRE-MENU BOARD shall be permitted per drive-through lane. - 27 - City of Oshawa Sign By-law 72-96 Section 4: Permanent Signs 4.1 Signs in Residential Zones 4.1.1 No PERSON shall erect or display, or cause to be erected or displayed, a SIGN in a Residential ZONE except in compliance with the provisions of this Subsection. 4.1.2 An ACCESSORY SIGN to a bed and breakfast establishment in a Residential ZONE shall comply with the conditions of this Article. (1999-18) 4.1.2(1) No more than one FASCIA SIGN shall be permitted per LOT. (1999-18) 4.1.2(2) No FASCIA SIGN shall exceed a maximum SIGN AREA of 0.2m2. (1999-18) 4.1.2(3) No ACCESSORY SIGN shall be ILLUMINATED. (1999-18) 4.1.3 ACCESSORY SIGNS for a MULTIPLE RESIDENTIAL use, home for the aged, nursing home or retirement home shall comply with the conditions of this Article. 4.1.3(1) Only one FASCIA SIGN per vehicular entrance and one GROUND SIGN per vehicle entrance shall be permitted. 4.1.3(2) A FASCIA SIGN shall have a maximum SIGN AREA of 3.0m2. 4.1.3(3) A GROUND SIGN shall have a maximum SIGN HEIGHT of 1.5m and a maximum SIGN AREA of 3.0m2. 4.1.3(4) No GROUND SIGNS shall be ILLUMINATED. 4.1.4 ACCESSORY SIGNS to non-residential legal non-conforming uses in a Residential ZONE shall comply with the provisions of Article 4.1.3. 4.2 Signs in the Central Business District Zone 4.2.1 No PERSON shall erect or display, or cause to be erected or displayed, a SIGN in the Central Business District ZONE except in compliance with the provisions of this Subsection. 4.2.2 Solely residential uses shall be permitted SIGNS in compliance with Subsection 4.1, with the additional provision that FASCIA and GROUND SIGNS may be ILLUMINATED. 4.2.3 One FASCIA or CANOPY SIGN shall be permitted for each STOREY that faces a STREET LINE and contains lawful commercial uses, provided that not more than two FASCIA or CANOPY SIGNS shall be permitted per STREET LINE. - 28 - City of Oshawa Sign By-law 72-96 4.2.4 One FASCIA or CANOPY SIGN shall be permitted for each wall facing a driveway or laneway or parking lot and also facing a Commercial or Industrial ZONE or is setback 25m from any other ZONE. 4.2.5 A FASCIA or CANOPY SIGN on the FIRST STOREY shall not exceed 25 percent of the FACADE of the FIRST STOREY. 4.2.6 A FASCIA or CANOPY SIGN on an upper STOREY shall not exceed 15 percent of the FACADE of the upper STOREY. 4.2.7 Notwithstanding any other provision of this By-law, one additional FASCIA SIGN exhibiting solely a corporate logo shall be permitted for each STREET LINE. If located on or above a third STOREY the SIGN shall not exceed 16m2 in SIGN AREA. If located on or below a second STOREY, the SIGN shall be included in the maximum SIGN AREA permitted for the STOREY. 4.2.8 One PROJECTING SIGN per STREET LINE shall be permitted and shall not exceed 2.25m2 in SIGN AREA. 4.2.9 PENNANTS and recognized flags shall be permitted. 4.2.10 Every FASCIA, CANOPY or PROJECTING SIGN may be ILLUMINATED. 4.2.11 For buildings containing more than one commercial PREMISES, one additional FASCIA or CANOPY SIGN shall be permitted for each PREMISES which has a door for direct public entry/egress which faces a STREET LINE or window exposure which faces a STREET LINE. In addition, one FASCIA or CANOPY SIGN shall be permitted for each PREMISES which has a door for direct public entry/egress which faces a non-residential ZONE or which has a door for direct public entry/egress that faces a Residential ZONE and the door for direct public entry/egress is setback a minimum of 25m from that Residential ZONE. (9-2023) 4.3 Signs in Planned Commercial Centre, Planned Strip Commercial-A (Excluding Planned Strip Commercial-B Zones), Special Purpose Commercial, Convenience Commercial, Hamlet Commercial, Harbour Commercial, Automobile Service Station, Industrial, Airport, Mixed Use-B and Mixed Use-C Zones, and for Automobile Sales and Service Establishments and Fuel Bars (9-2023) 4.3.1 No PERSON shall erect or display, or cause to be erected or displayed, any SIGN in the Planned Commercial Centre, Planned Strip Commercial-A (Excluding the Planned Strip Commercial-B ZONE), Special Purpose, Convenience, Hamlet and Harbour Commercial ZONES and Automobile Service Station, Industrial and Airport ZONES or associated with automobile sales and service establishments or fuel bars in the aforementioned and other ZONES except in compliance with the provisions of this Subsection. - 29 - City of Oshawa Sign By-law 72-96 4.3.2 Solely residential uses shall be permitted SIGNS in compliance with Subsection 4.1, with the additional provision that FASCIA and GROUND SIGNS may be ILLUMINATED. 4.3.3 SIGNS for buildings containing a single commercial or industrial PREMISES shall comply with the conditions of this Article. 4.3.3(1) Only one FASCIA or CANOPY SIGN shall be permitted facing each STREET LINE. In addition, one FASCIA or CANOPY SIGN shall be permitted for each wall not facing a STREET LINE provided the wall faces a non-residential ZONE or the wall faces a Residential ZONE and the wall is setback a minimum of 25m from that Residential ZONE. (12-2017) 4.3.3(2) A FASCIA or CANOPY SIGN shall not exceed 30 percent of the FACADE of the FIRST STOREY and may be located on any STOREY; notwithstanding the foregoing, no FASCIA or CANOPY SIGN shall exceed a maximum SIGN AREA of 100m2. 4.3.3(3) Except as provided in Sentence 4.3.3(4), only one GROUND or PYLON SIGN shall be permitted for each STREET LINE. 4.3.3(4) Two GROUND or PYLON SIGNS shall be permitted for each STREET LINE which exceeds 120m. 4.3.3(5) GROUND or PYLONS SIGNS on the same LOT shall be separated by not less than 15m. 4.3.3(6) The SIGN AREA of a GROUND or PYLON SIGN shall not exceed a ratio of 0.3m2 for each metre of STREET LINE up to a maximum of 10.0m2. 4.3.4 SIGNS for buildings containing more than one commercial or industrial PREMISES shall comply with the conditions of this Article. 4.3.4(1) One FASCIA or CANOPY SIGN shall be permitted facing each STREET LINE. In addition, one FASCIA or CANOPY SIGN shall be permitted for each wall not facing a STREET LINE provided the wall faces a non-residential ZONE or the wall faces a Residential ZONE and the wall is setback a minimum of 25m from that Residential ZONE. (12-2017) 4.3.4(2) One additional FASCIA or CANOPY SIGN shall be permitted for each public entrance to a mall or corridor which provides access to PREMISES. 4.3.4(3) One additional FASCIA or CANOPY SIGN shall be permitted for each PREMISES which has a door for direct public entry/egress which faces a STREET LINE or window exposure which faces a STREET LINE. In addition, one FASCIA or CANOPY SIGN shall be permitted for each PREMISES which has a door for direct public entry/egress which faces a non-residential ZONE or which has a door for direct public entry/egress that faces a Residential ZONE - 30 - City of Oshawa Sign By-law 72-96 and the door for direct public entry/egress is setback a minimum of 25m from that Residential ZONE. (12-2017) 4.3.4(4) The combined SIGN AREA of all FASCIA or CANOPY SIGNS on walls facing a STREET LINE shall not exceed 30 percent of the FACADE of the FIRST STOREY; notwithstanding the foregoing, the combined SIGN AREA of all FASCIA or CANOPY SIGNS facing a STREET LINE shall not exceed 150m2. 4.3.4(5) The combined SIGN AREA of all FASCIA or CANOPY SIGNS on walls not facing a STREET LINE shall not exceed 5 percent of the FACADE of the FIRST STOREY; notwithstanding the foregoing, the combined SIGN AREA of all FASCIA or CANOPY SIGNS on walls not facing a STREET LINE shall not exceed 50m2. 4.3.4(6) GROUND and PYLON SIGNS shall be permitted in accordance with Article 4.3.3. 4.3.4(7) SIGNS on different STOREYS shall be separated vertically by not less than 1.5m. 4.3.4(8) One additional FASCIA or CANOPY SIGN shall be permitted to be located on the rear exterior wall for each PREMISES which has a SIGN on another exterior wall in accordance with sentence 4.3.4(3), provided, where the rear exterior wall faces a Residential Zone, the rear exterior wall of the building is setback a minimum of 25m from the Residential Zone. (9-2023) 4.3.5 An automobile sales or service establishment or fuel bar shall be permitted a company logo and/or SIGN illustrating information regarding the kinds of services rendered and prices offered, attached to a weather canopy over a vehicle fuel pump island, provided that no more than 30 percent of the total area of each face of the canopy is used for that purpose. 4.3.6 An automobile sales or service establishment may have one additional GROUND or PYLON SIGN, having a maximum SIGN AREA of 7.0m2, erected or displayed on the LOT, provided that a minimum separation of 15m is provided between any other GROUND SIGN or PYLON SIGN on the same side of the HIGHWAY. 4.3.7 Notwithstanding any other provision of this by-law, one additional FASCIA SIGN exhibiting solely a corporate logo shall be permitted for each STREET LINE. If located on or above a third STOREY the SIGN shall not exceed 16m2 in SIGN AREA. If located on or below a second STOREY, the SIGN shall be included in the maximum SIGN AREA permitted for the STOREY. 4.3.8 PENNANTS and recognized flags shall be permitted. 4.3.9 Every FASCIA, CANOPY, GROUND or PYLON SIGN may be ILLUMINATED. - 31 - City of Oshawa Sign By-law 72-96 4.4 Signs in Office Zones, Mixed Use-A Zone, and Planned Strip Commercial-B Zone (9-2023) 4.4.1 No PERSON shall erect or display, or cause to be erected or displayed, in an Office ZONE or Planned Strip Commercial-B ZONE, any SIGN except in compliance with the provisions of this Subsection. 4.4.2 Solely residential uses shall be permitted SIGNS in accordance with Subsection 4.1, with the additional provision that FASCIA and GROUND SIGNS may be ILLUMINATED. 4.4.3 SIGNS for all uses other than solely residential uses shall comply with Article 4.1.3, with the additional provision that FASCIA and GROUND SIGNS may be ILLUMINATED. 4.5 Signs in Open Space, Institutional, Cemetery, Agricultural and Mineral Aggregate Zones 4.5.1 No PERSON shall erect or display, or cause to be erected or displayed, in an Open Space, Institutional, Cemetery, Agricultural and Mineral Aggregate ZONE, any SIGN except in compliance with the provisions of this Subsection. 4.5.2 Solely residential uses shall be permitted SIGNS in accordance with Subsection 4.1, with the additional provision that FASCIA and GROUND SIGNS may be ILLUMINATED. 4.5.3 One FASCIA or CANOPY SIGN shall be permitted facing each STREET LINE. 4.5.4 A FASCIA or CANOPY SIGN shall not exceed 10 percent of the area of the FACADE of the STOREY to which it is attached. 4.5.5 One GROUND or PYLON SIGN shall be permitted for each STREET LINE. 4.5.6 The maximum SIGN AREA of a GROUND or PYLON SIGN shall be 3m2. 4.5.7 Notwithstanding Article 4.5.1, Lakeridge Health Hospital shall be permitted SIGNS in accordance with Subsection 4.3. (12-2017) 4.5.8 Every FASCIA, CANOPY, GROUND or PYLON SIGN may be ILLUMINATED. 4.5.9 An ACCESSORY SIGN to a bed and breakfast establishment located in any OSR-A, OSR-B, AG-A or AG-B ZONE shall comply with the conditions of this Article. (1999-18) 4.5.9(1) No more than one SIGN, either a FASCIA SIGN or a GROUND SIGN shall be permitted per LOT, exclusive of other permitted SIGNS. (1999-18) 4.5.9(2) No FASCIA SIGN shall exceed a maximum SIGN AREA of 0.4 m2. (1999-18) 4.5.9(3) No GROUND SIGN shall exceed a maximum SIGN AREA of 1.0m2. (1999-18) - 32 - City of Oshawa Sign By-law 72-96 4.5.9(4) No GROUND SIGN shall exceed a maximum SIGN HEIGHT of 1.8m. (1999-18) 4.5.9(5) No ACCESSORY SIGN shall be ILLUMINATED. (1999-18) 4.6 Signs in Utilities Zone 4.6.1 No PERSON shall erect or display, or cause to be erected or displayed, in a Utilities ZONE any SIGN except in compliance with the provisions of this Subsection. 4.6.2 Only SIGNS permitted by Subsection 3.4 in all ZONES are permitted. 4.7 Signs in Existing Use and Urban Reserve Zones 4.7.1 No PERSON shall erect or display, or cause to be erected or displayed, any SIGN in an Existing Use or Urban Reserve ZONE except in compliance with the provisions of this Subsection. 4.7.2 Solely residential uses shall be permitted SIGNS in accordance with Subsection 4.1, with the additional provision that FASCIA and GROUND SIGNS may be ILLUMINATED. 4.7.3 SIGNS for uses other than solely residential uses shall comply with Subsection 4.5. 4.8 Billboard Signs 4.8.1 No PERSON shall erect or display, or cause to be erected or displayed, any BILLBOARD SIGN except in compliance with the provisions of this Subsection. 4.8.2 BILLBOARD SIGNS may only be erected in an Industrial or Airport ZONE. 4.8.3 Not more than one BILLBOARD SIGN may be erected on a LOT. 4.8.4 No BILLBOARD SIGN shall be located within 200m of any BILLBOARD SIGN. 4.8.5 No BILLBOARD SIGN shall be erected closer to a STREET LINE than the minimum required setback for a building under the CITY'S ZONING BY-LAW, as amended, for the applicable ZONE. 4.8.6 No BILLBOARD SIGN shall exceed a maximum SIGN AREA of 22.0m2. 4.8.7 No BILLBOARD SIGN shall exceed a maximum SIGN HEIGHT of 10m. 4.8.8 No BILLBOARD SIGN shall be erected on a roof. 4.8.9 No BILLBOARD SIGN shall be erected within 100m of a LOT which is either located in a residential ZONE, or is occupied with a residential use. 4.8.10 Every BILLBOARD SIGN may be ILLUMINATED. - 33 - City of Oshawa Sign By-law 72-96 Section 5: Temporary Signs 5.1 Deleted (1997-80) 5.2 Home Builders Identification Signs 5.2.1 No PERSON shall erect or display, or cause to be erected or displayed, a HOME BUILDERS IDENTIFICATION SIGN except in compliance with the provisions of this Subsection. 5.2.2 Every HOME BUILDERS IDENTIFICATION SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES except the Central Business District ZONE. 5.2.3 HOME BUILDERS IDENTIFICATION SIGNS are permitted on BOULEVARDS and on private property. 5.2.4 No HOME BUILDERS IDENTIFICATION SIGNS shall remain erected or displayed once the subdivision or condominium it relates to is complete. 5.2.5 No HOME BUILDERS IDENTIFICATION SIGN shall be ILLUMINATED. 5.2.6 On BOULEVARDS, every HOME BUILDERS IDENTIFICATION SIGN shall comply with Subsection 3.2. 5.2.7 On private property, every HOME BUILDERS IDENTIFICATION SIGN shall comply with the SIGN height, width, duration of placement and identification provisions of Articles 3.1.21, 3.2.3, 3.2.4 and 3.2.5. 5.3 Commercial Mobile Signs 5.3.1 No PERSON shall erect or display, or cause to be erected or displayed, a COMMERCIAL MOBILE SIGN except in compliance with the provisions of this Subsection. 5.3.2 Every COMMERCIAL MOBILE SIGN shall require a SIGN PERMIT. 5.3.3 Every COMMERCIAL MOBILE SIGN shall comply with Subsection 3.1 and shall only be permitted in the Airport ZONE and all Industrial and Commercial ZONES, save and except the Central Business District ZONE. 5.3.4 Every COMMERCIAL MOBILE SIGN shall be an ACCESSORY SIGN for a lawful business on the LOT. COMMERCIAL MOBILE SIGNS shall not be permitted on a VACANT LOTS. No COMMERCIAL MOBILE SIGN shall be permitted on a LOT used solely for residential purposes. 5.3.5 No COMMERCIAL MOBILE SIGN shall be permitted on a HIGHWAY. 5.3.6 The maximum SIGN HEIGHT of COMMERCIAL MOBILE SIGNS shall be 2.3m. - 34 - City of Oshawa Sign By-law 72-96 5.3.7 The maximum SIGN AREA of any COMMERCIAL MOBILE SIGN shall be 6.0m2. 5.3.8 Every COMMERCIAL MOBILE SIGN shall have a minimum setback of 1.0m from the STREET LINE. 5.3.9 On every LOT, not more than one COMMERCIAL MOBILE SIGN shall be permitted for each set of eight retail PREMISES, or part of a set of eight retain PREMISES. 5.3.10 Not more than two COMMERCIAL MOBILE SIGNS per STREET LINE shall be permitted on any LOT at any one time. 5.3.11 The total number of days in any one year that any COMMERCIAL MOBILE SIGN may be displayed on each STREET LINE of a LOT is 120 days. 5.3.12 No COMMERCIAL MOBILE SIGN shall be located closer than 15m from any other COMMERCIAL MOBILE SIGN on the same lot. 5.3.13 No COMMERCIAL MOBILE SIGN shall be located closer than 7.5m to a side or rear lot line. 5.3.14 No COMMERCIAL MOBILE SIGN shall be located closer than 7.5m to a LOT used solely for residential purposes. 5.3.15 Every COMMERCIAL MOBILE SIGN may be ILLUMINATED. 5.4 Planning Notification Signs 5.4.1 No PERSON shall erect or display, or cause to be erected or displayed, a PLANNING NOTIFICATION SIGN except in compliance with the provisions of this Subsection. 5.4.2 Every PLANNING NOTIFICATION SIGN shall comply with Subsection 3.1. PLANNING NOTIFICATION SIGNS shall be permitted in all ZONES. 5.4.3 No PLANNING NOTIFICATION SIGN shall be located on a HIGHWAY. 5.4.4 PLANNING NOTIFICATION SIGNS shall comply with all directions and regulations of the public authority requiring the SIGN. 5.4.5 Every PLANNING NOTIFICATION SIGN shall be removed by the OWNER of the SIGN or the land on which it is located at the direction of the public authority requiring the SIGN. 5.4.6 No PLANNING NOTIFICATION SIGN shall be ILLUMINATED. - 35 - City of Oshawa Sign By-law 72-96 5.5 Real Estate Open House Signs 5.5.1 No PERSON shall erect or display, or cause to be erected or displayed, a REAL ESTATE OPEN HOUSE SIGN except in compliance with the provisions of this Subsection. 5.5.2 Every REAL ESTATE OPEN HOUSE SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES except the Central Business District ZONE. 5.5.3 REAL ESTATE OPEN HOUSE SIGNS are permitted on BOULEVARDS and on private property. 5.5.4 No REAL ESTATE OPEN HOUSE SIGN shall be ILLUMINATED. 5.5.5 On BOULEVARDS, every REAL ESTATE OPEN HOUSE SIGN shall comply with Subsection 3.2. 5.5.6 On private property, every REAL ESTATE OPEN HOUSE SIGN shall comply with the SIGN height, width, duration of placement and identification provisions of Articles 3.1.21, 3.2.3, 3.2.4 and 3.2.5. 5.6 Real Estate Point of Sale Signs 5.6.1 No PERSON shall erect or display, or cause to be erected or displayed, a REAL ESTATE POINT OF SALE SIGN except in compliance with the provisions of this Subsection. 5.6.2 Every REAL ESTATE POINT OF SALE SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES. 5.6.3 No REAL ESTATE POINT OF SALE SIGN shall be located on a HIGHWAY. 5.6.4 REAL ESTATE POINT OF SALE SIGNS on LOTS must be ACCESSORY SIGNS. 5.6.5 In a Residential ZONE, the maximum SIGN AREA of REAL ESTATE POINT OF SALE SIGNS shall be 1.0m2 and the maximum SIGN HEIGHT shall be 2.5m. 5.6.6 In all ZONES other than a Residential ZONE, the maximum SIGN AREA of any REAL ESTATE POINT OF SALE SIGN shall be 6.0m2 and the maximum SIGN HEIGHT shall be 4m. 5.6.7 One REAL ESTATE POINT OF SALE SIGN shall be permitted for each STREET LINE per LOT, except MULTIPLE RESIDENTIAL buildings shall be permitted one SIGN for each unit being sold or leased. 5.6.8 No REAL ESTATE POINT OF SALE SIGN shall be ILLUMINATED. - 36 - City of Oshawa Sign By-law 72-96 5.7 Subdivision or Condominium Billboard Signs 5.7.1 No PERSON shall erect or display, or cause to be erected or displayed, a SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN except in compliance with the provisions of this Subsection. 5.7.2 Every SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall comply with Subsection 3.1 and shall be permitted on VACANT LOTS in all ZONES except the Central Business District ZONE. 5.7.3 No SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be permitted on a HIGHWAY. 5.7.4 One SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be permitted for each STREET LINE per LOT to a maximum of two SIGNS on any one VACANT LOT. 5.7.5 The maximum SIGN AREA of any SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be 20m2. 5.7.6 The maximum SIGN HEIGHT of any SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be 10m. 5.7.7 The minimum set back from a STREET LINE for a SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be 6.0m. 5.7.8 The minimum interior side yard setback for any SUBDIVISION OR CONDOMINIUM BILLBOARD SIGNS shall be 3.0m. 5.7.9 No SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be erected on a LOT having a LOT FRONTAGE of less than 12m. 5.7.10 No SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be erected on a LOT having a lot area of less than 350m2. 5.7.11 Every SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be removed on or before completion of all lots or blocks within the plan of subdivision or condominium. 5.7.12 No SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be ILLUMINATED. 5.7.13 Notwithstanding Article 5.7.5 and Article 5.7.6, the maximum SIGN AREA of any SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN shall be 40m2 provided the minimum interior side yard setback and the minimum rear yard setback for said SUBDIVISION OR CONDOMINIUM BILLBOARD SIGN is not less than 10m. (9-2023) - 37 - City of Oshawa Sign By-law 72-96 5.8 Subdivision or Condominium Signs 5.8.1 No PERSON shall erect or display, or cause to be erected or displayed, a SUBDIVISION OR CONDOMINIUM SIGN except in compliance with the provisions of this Subsection. 5.8.2 Every SUBDIVISION OR CONDOMINIUM SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES. 5.8.3 No SUBDIVISION OR CONDOMINIUM SIGN shall be permitted on a HIGHWAY. 5.8.4 The maximum SIGN AREA for any SUBDIVISION OR CONDOMINIUM SIGN shall be 20m2. 5.8.5 The maximum SIGN HEIGHT for any SUBDIVISION OR CONDOMINIUM SIGN shall be 10m. 5.8.6 The minimum setback from a STREET LINE for every SUBDIVISION OR CONDOMINIUM SIGN shall be 3m. 5.8.7 The minimum interior side yard setback for every SUBDIVISION OR CONDOMINIUM SIGN shall be 3.m. 5.8.8 Every SUBDIVISION OR CONDOMINIUM SIGN shall be removed on or before the builder's completion of all of his or her respective lots or blocks within the subdivision or condominium. 5.8.9 Each builder in a plan of subdivision or condominium shall be permitted one or more SUBDIVISION OR CONDOMINIUM SIGNS provided the total SIGN AREA for each builder does not exceed 20m2. 5.8.10 No SUBDIVISION OR CONDOMINIUM SIGN shall be ILLUMINATED. 5.9 Utility Pole Poster Signs 5.9.1 No PERSON shall erect or display, or cause to be erected or displayed, a UTILITY POLE POSTER SIGN except in compliance with the provisions of this Subsection. 5.9.2 Every UTILITY POLE POSTER SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES. 5.9.3 UTILITY POLE POSTER SIGNS shall only be permitted on CITY STREETS. 5.9.4 The maximum dimensions for each UTILITY POLE POSTER SIGN shall be 216mm x 356mm. - 38 - City of Oshawa Sign By-law 72-96 5.9.5 Every UTILITY POLE POSTER SIGN shall only be affixed with tape and shall be installed as a wrap-around SIGN affixed flush to the surface of the pole. 5.9.6 Every UTILITY POLE POSTER SIGN shall be located not more than 2.0m above GRADE. 5.9.7 Every UTILITY POLE POSTER SIGN shall be removed three days after any advertised event or promotion, and in no case shall a UTILITY POLE POSTER SIGN be posted for more than seven days. 5.9.8 The date of posting shall be clearly identified on the front of every UTILITY POLE POSTER SIGN. 5.9.9 No UTILITY POLE POSTER SIGN shall interfere with any municipal, Regional or PUBLIC UTILITY service. 5.9.10 Every UTILITY POLE POSTER SIGN shall be made of paper or light weight cardboard construction. 5.9.11 No UTILITY POLE POSTER SIGN shall be ILLUMINATED. 5.10 Special Event Banner 5.10.1 No PERSON shall erect or display, or cause to be erected or displayed, a SPECIAL EVENT BANNER except in compliance with the provisions of this Subsection. 5.10.2 Every SPECIAL EVENT BANNER shall require a SIGN PERMIT. 5.10.3 SPECIAL EVENT BANNERS are only permitted over CITY STREETS. 5.10.4 Every SPECIAL EVENT BANNER shall comply with Subsection 3.1 and shall be permitted in all Commercial ZONES. 5.10.5 Every SPECIAL EVENT BANNER shall have a minimum CLEARANCE of 5.5m from the STREET. 5.10.6 No SPECIAL EVENT BANNER shall be affixed to any STREET hardware, utility pole or tree. 5.10.7 If a SPECIAL EVENT BANNER connects to private property, permission from affected property OWNERS must be obtained prior to issuance of a SIGN PERMIT. 5.10.8 SPECIAL EVENT BANNERS shall be removed not less than four weeks after erection. Notwithstanding the foregoing, when the event is complete, the SPECIAL EVENT BANNER shall be removed immediately. - 39 - City of Oshawa Sign By-law 72-96 5.10.9 An application for a SIGN PERMIT for a SPECIAL EVENT BANNER shall be made in the name of the PERSON or COMMUNITY ASSOCIATION who is sponsoring the event, and not in the name of any agent for that PERSON or COMMUNITY ASSOCIATION. 5.10.10 Where span wires, anchors and/or other elements of a SPECIAL EVENT BANNER support system are in place permanently, year-round public liability insurance in form, content and amount satisfactory to the CHIEF BUILDING OFFICIAL must be in place. This insurance policy shall name the CITY as co-insured. 5.10.11 Where the span wires, anchors and/or other elements of a SPECIAL EVENT BANNER support system are temporary, temporary public liability insurance must be in place in form, content and amount satisfactory to the CHIEF BUILDING OFFICIAL. This insurance policy shall name the CITY as a co-insured and shall be in place for the time required for the installation and removal of the SPECIAL EVENT BANNER and/or the support system. 5.10.12 Every SPECIAL EVENT BANNER shall be approved as to content by the COMMISSIONER of the City. Notwithstanding Article 5.10.8, the COMMISSIONER may specify a period of display less than four weeks in the SIGN PERMIT. (12-2017) 5.10.13 No SPECIAL EVENT BANNERS shall be ILLUMINATED. 5.11 Construction Identification Signs 5.11.1 No PERSON shall erect or display, or cause to be erected or displayed, any CONSTRUCTION IDENTIFICATION SIGN except in compliance with the provisions of this Subsection. 5.11.2 Every CONSTRUCTION IDENTIFICATION SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES. 5.11.3 No CONSTRUCTION IDENTIFICATION SIGN shall be located on a HIGHWAY. 5.11.4 One CONSTRUCTION IDENTIFICATION SIGN shall be permitted for each STREET LINE on a LOT. 5.11.5 Every CONSTRUCTION IDENTIFICATION SIGN shall have a minimum setback of 1m from the STREET LINE. 5.11.6 The maximum SIGN AREA for any CONSTRUCTION IDENTIFICATION SIGN shall be 12m2. 5.11.7 Every CONSTRUCTION IDENTIFICATION SIGN shall be removed twelve months after the initial occupancy of the building to which it relates, or within two years of placement, whichever occurs first. - 40 - City of Oshawa Sign By-law 72-96 5.11.8 No CONSTRUCTION IDENTIFICATION SIGN shall be ILLUMINATED. 5.12 Congratulatory Sign 5.12.1 No PERSON shall erect or display, or cause to be erected or displayed, any CONGRATULATORY SIGN except in compliance with the provisions of this Subsection. 5.12.2 CONGRATULATORY SIGNS shall comply with Subsection 3.1 and shall be permitted in all ZONES. 5.12.3 No CONGRATULATORY SIGN shall be permitted on a HIGHWAY. 5.12.4 The maximum SIGN HEIGHT of any CONGRATULATORY SIGN shall be 2.3m. 5.12.5 The maximum SIGN AREA of any CONGRATULATORY SIGN shall be 6m2. 5.12.6 Every CONGRATULATORY SIGN shall be removed within 72 hours of placement. 5.12.7 One CONGRATULATORY SIGN shall be permitted per LOT at any one time. 5.12.8 Every CONGRATULATORY SIGN shall be located on a LOT OWNED by the PERSON or organization being congratulated. 5.12.9 The maximum number of times a CONGRATULATORY SIGN may be placed on a LOT in any one year is twice. 5.12.10 Every CONGRATULATORY SIGN shall have a minimum setback of 1m from the STREET LINE. 5.12.11 No CONGRATULATORY SIGN shall be ILLUMINATED. 5.13 Community Event Sign 5.13.1 No PERSON shall erect or display, or cause to be erected or displayed, any COMMUNITY EVENT SIGN except in compliance with the provisions of this Subsection. 5.13.2 Every COMMUNITY EVENT SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES except the Central Business District ZONE. Notwithstanding the foregoing, COMMUNITY EVENT SIGNS advertising events conducted or sponsored by CHARITABLE ORGANIZATIONS or COMMUNITY ASSOCIATIONS may be placed on a BOULEVARD adjacent to the location of the event in the Central Business District ZONE. 5.13.3 COMMUNITY EVENT SIGNS are permitted on BOULEVARDS and on private property. - 41 - City of Oshawa Sign By-law 72-96 5.13.4 No COMMUNITY EVENT SIGN shall be ILLUMINATED. 5.13.5 On BOULEVARDS, every COMMUNITY EVENT SIGN shall comply with Subsection 3.2, with the additional provision that the SIGNS may be on a sidewalk, provided that neither pedestrians nor the opening of vehicle doors are not obstructed. 5.13.6 On private property, every COMMUNITY EVENT SIGN shall comply with the SIGN height, width, duration of placement and identification provisions of Articles 3.1.21, 3.2.3, 3.2.4 and 3.2.5. 5.14 Special Event Sign 5.14.1 No PERSON shall erect or display, or cause to be erected or displayed, any SPECIAL EVENT SIGN except in compliance with the provisions of this Subsection. 5.14.2 Every SPECIAL EVENT SIGN shall comply with Subsection 3.1 and shall be permitted in all ZONES except the Central Business District ZONE. Notwithstanding any other provision of this by-law, a SPECIAL EVENT SIGN which is a GROUND SIGN shall be permitted in the Central Business District ZONE. 5.14.3 No SPECIAL EVENT SIGN shall be permitted on a HIGHWAY. 5.14.4 The maximum SIGN HEIGHT of any SPECIAL EVENT SIGN shall be 2.3m. 5.14.5 The maximum SIGN AREA of any SPECIAL EVENT SIGN shall be 6.0m2. 5.14.6 SPECIAL EVENT SIGNS shall be removed within seven days of placement. 5.14.7 One SPECIAL EVENT SIGN per STREET LINE shall be permitted on a LOT at any one time. 5.14.8 SPECIAL EVENT SIGNS shall be located on the LOT on which the event is to occur or on a LOT owned by the CHARITABLE ORGANIZATION or COMMUNITY ASSOCIATION sponsoring the event. 5.14.9 The maximum number of times a SPECIAL EVENT SIGN may be placed on each STREET LINE on a LOT per year is four. 5.14.10 Every SPECIAL EVENT SIGN shall have a minimum setback of 1m from the STREET LINE. 5.14.11 No SPECIAL EVENT SIGN in any Residential ZONE shall be ILLUMINATED. - 42 - City of Oshawa Sign By-law 72-96 5.15 Banner Signs 5.15.1 No PERSON shall erect or display, or cause to be erected or displayed, any BANNER SIGN except in conformity with the provisions of this Subsection. 5.15.2 Every BANNER SIGN shall comply with Subsection 3.1 and shall be permitted in all Commercial and Industrial ZONES. 5.15.3 No BANNER SIGN shall be permitted on a HIGHWAY. 5.15.4 One BANNER SIGN shall be permitted per STREET LINE per LOT at any one time. 5.15.5 Every BANNER SIGN shall be removed within fourteen days of placement. 5.15.6 The maximum number of times a BANNER SIGN may be placed on each STREET LINE on a LOT per year is four. 5.15.7 No BANNER SIGN shall be ILLUMINATED. 5.16 Inflatable Signs 5.16.1 No PERSON shall erect or display, or cause to be erected or displayed, any INFLATABLE SIGN except in compliance with the provisions of this Subsection. 5.16.2 Every INFLATABLE SIGN shall comply with Subsection 3.1 and shall be permitted in all Commercial and Industrial ZONES. 5.16.3 No INFLATABLE SIGN shall be permitted on a HIGHWAY. 5.16.4 One INFLATABLE SIGN shall be permitted per STREET LINE per LOT at any one time. 5.16.5 Every INFLATABLE SIGN shall be removed within fourteen days of placement. 5.16.6 The maximum number of times an INFLATABLE SIGN may be placed on each STREET LINE on a LOT per year is four. 5.16.7 No INFLATABLE SIGN shall be ILLUMINATED. 5.17 Signs Associated With a Temporary Sales Office 5.17.1 No person shall erect or display, or cause or permit to be erected or displayed, any SIGN associated with a temporary sales office except in compliance with the provisions of this Subsection. (12-2017) 5.17.2 Notwithstanding any other provision of this by-law, SIGNS located on lands within 50m of a temporary sales office or on said office shall be permitted with the approval of the COMMISSIONER. SIGNS approved by the - 43 - City of Oshawa Sign By-law 72-96 COMMISSIONER shall comply with the provisions of Subsection 3.1 and shall not be located on a HIGHWAY. (12-2017) 5.17.3 A single SIGN PERMIT for the SIGN or SIGNS referenced in Article 5.17.2 shall be required and shall contain conditions as specified by the COMMISSIONER. (12-2017) 5.18 Sandwich Board Signs (12-2017) 5.18.1 Notwithstanding any provision of this By-law, Subsection 5.18 of this By-law shall prevail to the extent of any conflict with any other provision of this By-law. 5.18.2 No PERSON shall erect or display, or cause or permit to be erected or displayed, a SANDWICH BOARD SIGN: (a) without having been issued a SIGN PERMIT for the SANDWICH BOARD SIGN; (b) in any ZONE except for CBD (Central Business District) ZONES; (c) other than in the location authorized by the SIGN PERMIT; (d) [Deleted]; (33-2023) (e) that does not maintain both a 1.8m minimum width for pedestrian traffic within the BOULEVARD and a 0.6m minimum setback from the curb or edge of the travelled portion of any CITY STREET or REGIONAL ROAD; (f) that contains advertising or other copy that does not relate to the lawful use of any business located within 3m of the SANDWICH BOARD SIGN; (g) within 3m of any other SANDWICH BOARD SIGN; (h) within the traveled portion of any HIGHWAY; (i) located less than 1m from any pay and display parking machines, street furniture or waste receptacles; (j) on a BOULEVARD in such a manner that it interferes with or obstructs snow removal or maintenance; (k) that falls over; (l) outside of the hours of operation of any business relating to the SANDWICH BOARD SIGN; (m) that does not clearly indicate the name of the business or the building unit number where the business is located; (n) having a SIGN HEIGHT greater than 1m; (o) having a sign width greater than 0.6m; (p) that is not made of plastic, metal, or wood and does not include an additional weight attached for stability and wind resistance that is situated under the tent of the SANDWICH BOARD SIGN unless approved by the - 44 - City of Oshawa Sign By-law 72-96 CHIEF BUILDING OFFICIAL (33-2023); (q) that is electrical, includes or displays lights or contains moving parts; (r) that is not maintained in a good state of repair. 5.18.3 [Deleted] (33-3023) 5.18.4 The CHIEF BUILDING OFFICIAL is hereby authorized to administer, approve (with or without conditions) and refuse to approve SIGN PERMITS for SANDWICH BOARD SIGNS. (33-2023) 5.18.5 An application for a SIGN PERMIT for a SANDWICH BOARD SIGN shall be made on the form or forms that the CHIEF BUILDING OFFICIAL may prescribe. 5.18.6 [Deleted] (33-2023) 5.18.7 The CHIEF BUILDING OFFICIAL may revoke any SIGN PERMIT for a SANDWICH BOARD SIGN if the PERSON issued the SIGN PERMIT for the SANDWICH BOARD SIGN fails to comply with any provision of this By-law. (33- 2023) 5.18.8 [Deleted] (33-2023) 5.18.9 Notwithstanding Article 1.10.4 of this By-law, the CITY has the right to immediately remove any SANDWICH BOARD SIGN if there is noncompliance with this By-law, without notice to any PERSON. 5.18.10 No more than one SANDWICH BOARD SIGN shall be permitted for each business unit identified by a municipal address within the CITY. 5.18.11 A business unit located on an upper floor of a building is eligible for a SANDWICH BOARD SIGN provided the business unit has a separate front entrance from a CITY STREET or REGIONAL ROAD such that the upper floor entrance is separate from the ground floor entrance. 5.18.12 Unless otherwise authorized by the CHIEF BUILDING OFFICIAL, a SANDWICH BOARD SIGN shall be safely erected or displayed in front of a business unit adjacent to the entrance door, or across from the entrance door fronting the business unit, in compliance with the provisions contained within this By-law.(33- 2023) 5.18.13 During special events promoted by the City of Oshawa or an event organizer for which applicable approvals and permits have been granted by the City within the area bounded by the Oshawa Creek on the west, Brock Street on the north, Ritson Road on the east and John Street and Eulalie Avenue on the south, the organizer of the event shall be exempt, with respect to SANDWICH BOARD SIGNS erected or displayed within this geographic area, from the requirements contained in Sentence 1.8.1 (d), Article 3.5.1, Subsection 3.2 and Subsection - 45 - City of Oshawa Sign By-law 72-96 5.18 of this By-law, which exemption shall commence fourteen (14) calendar days prior to the start of the special event and terminate twenty-four (24) hours after the conclusion of the special event. (9-2023) 5.18.14 The special events organizer shall both notify and consult with the CHIEF BUILDING OFFICIAL no later than thirty-one (31) calendar days prior to the start of any special event referenced in the preceding Article of this By-law. (9-2023, 33-2023) 5.18.15 Nothing in Article 5.18.13 of this By-law shall be deemed to exempt any individual member or business located within the geographic area described in Article 5.18.13 from Sentence 1.8.1 (d), Article 3.5.1, Subsection 3.2 and Subsection 5.18 of this By-law. (9-2023)