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CITY OF ST. CATHARINES
BY-LAW NO. c20JOl.- I:S'f
A By-law for regulating the erection of signs and other advertising devices.
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has
the capacity, rights and powers of a natural person for the purpose of exercising its authority and
that it may do so by by-law and, pursuant to subsection 11 (3), paragraph 7, a local municipality may
pass by-laws regulating the erection of signs;
AND WHEREAS section 425 of the Municipal Act, 2001 , establishes that any person who
contravenes a by-law of the municipality is guilty of an offence;
AND WHEREAS section 446 of the Municipal Act, 2001, provides that, where a municipality has
authority to direct that any matter or thing be done, the municipality may also direct that, in default of
it being done by the person directed or required to do it, such matter or thing shall be done at the
person's expense, and the municipality may recover the costs incurred in doing so by action or by
adding the costs to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS the Council of The Corporation of the City of St. Catharines deems it necessary to
pass a by-law to regulate the use of signs and advertising devices in the City of St. Catharines with a
view to ensuring the safety of the public in respect to the erection and maintenance of such signs on
private property.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST.
CATHARINES enacts as follows:
SECTION 1 - DEFINITIONS
1.
The following definitions shall apply for the purposes of this By-law unless the context
otherwise provides.
1.1
"Affix" means affixing or displaying or causing to be affixed or displayed.
1.2
"Apartment Building" means a residential building comprised of more than four (4) dwelling
units with shared entrance and exit facilities.
1.3
"Area of Sign" means where a sign is bordered or enclosed, the number of square metres
(square feet) of any face of the Sign within the outside perimeter including the border and
the frame and in the case of a Multiple Faced Sign shall mean fifty percent (50%) ofthe sum
of the area of all the faces. Where a sign is not bounded or enclosed within a distinct area
and/or frame, the area shall be that of a rectangle, circle or other simple geometrical shape
containing all letters, symbols and devices on the sign.
1.4
"Awning" means a space frame system, moveable or fixed, covered with fabric or like
material attached and projecting from a building or structure, but not forming an integral part
thereof, and includes a Canopy.
1.5
"Awning Sign" means a sign painted on or affixed flat to the surface of an Awning.
1.6
"Bill" means a poster or notice of any description.
1.7
"Business Sign" means a Sign erected and maintained by a person, firm, corporation,
business, commercial service or industrial enterprise upon which space is displayed the
name of the business and/or a description of the product or service made, produced,
assembled, sold or stored on the lot upon which the Sign is erected.
1.8
"Canopy" means a non-retractable roof-like projection which projects horizontally from the
building face or wall, extends across part or all of that building face or wall, or is a
freestanding structure supported from the ground and is intended to provide shelter.
1.9
"Canopy Sign" means a sign painted on or affixed to the Canopy.
1.1 0
"City" means The Corporation of the City of St. Catharines.
1.11
"Combustible Material" means a material that fails to meet the acceptance criteria of CAN4
S114 "Standard Method of Test for Determination of Non-combustibility in Building
Materials" or any similar standard incorporated into the Ontario Building Code subsequent to
the enactment of this By-law.
1.12
"Council" means the Council of The Corporation of the City of St. Catharines.
1.13 "Daylighting Triangle" means the triangular space formed by a triangle consisting of two (2)
sides each of 2.0 m (6'-6 3/4") measured from the point of intersection of any two (2) Street
Lines and a third line connecting the ends of the first two (2) lines.
1.14 "Development" means the construction, erection or placing of one (1) or more buildings or
structures on land or the making of an addition or alteration to a building or structure that has
the effect of substantially increasing the size or usability thereof, or the layout and
establishment of a public or private parking lot.
1.15
"Development Sign" means a Sign identifying a proposed Development or a construction
project. The said Sign may identify companies involved in the Development and may
advertise property or premises for sale, lease or rent.
1.16
"Director" means the Director of Planning and Development Services Department or his
designate.
1.17
"Election Sign" means a Sign indicating support of a candidate or a political party in a
municipal, regional, provincial or federal election.
1.18 "Electronic Sign" means an illuminated changeable display Sign, or a luminous or an
illuminated Sign, where the message displayed may be fixed or rotating, and where the
source of artificial light is not stationary, or the intensity or colour is not constant, and
includes LED Signs, but does not include Signs indicating time and/or temperature and/or
price, provided that there is no contravention to Section 3.4 of this By-law.
1.19
"Erect" means anything done in the installation, placement, maintenance, repair or alteration
of any Sign.
1.20
"Face" means the plane of the Sign upon, against or through which the message of the Sign
is exhibited.
1.21
"Flag Sign" means a sign made of cloth or lightweight materials attachable by at least one
(1) edge to a pole permanently fixed to the ground or a Structure.
1.22
"Frontage" means the width of a lot measured along the Street Line of a lot. Where a lot has
more than one (1) Street Line each Street Line shall be considered separately for the
purposes of determining frontage.
1.23
"Ground Sign" means a Sign 3.0 m (9'-10") or less in height directly supported from the
ground without the aid of any building or structure other than the Sign Structure and
permanently fixed to a foundation in the ground to a depth of at least 1.2 m (3'-11 1/4").
1.24
"Height of Sign" means the vertical distance from the ground to the highest point of the Sign.
1.25 "Heritage Conservation District" means any area designated by a by-law as having heritage
significance.
1.26 "Inspector" means any person directed by the Director to conduct investigations for the
purpose of enforcing the provisions of this By-law.
1.27
"Institutional Sign" means any Sign pertaining to government departments and agencies,
hospitals, churches, schools, service clubs and non-profit organizations.
1.28
"Lot" means any parcel of land whether such parcel is described in a registered deed, or
shown as a lot or block in a registered plan of subdivision on which a Sign is located or
intended to be located.
1.29
"Multiple Faced Sign" means a Sign having two (2) or more faces.
1.30
"Multiple Housing Development" means building(s) containing two (2) or more residential
dwellings located on one (1) parcel of land.
1.31
"Owner" includes:
(a)
owner of the Sign
(b)
owner of the real property on which the Sign is located
(c)
the person, for the time being, managing or receiving the rent of (i) the Sign or (ii) the
real property on which the Sign is located.
1.32
"Pole Sign" means a Sign greater than 3.0 m (9'-1 0") in height directly supported from the
ground without the aid of any building or structure other than the Sign Structure and
permanently fixed to an adequate foundation in the ground.
1.33
"Portable Sign" means any sign which is specifically designed or intended to be readily
moved from one ( 1) location to another and includes signs commonly known as "A- Boards"
and "Mobile" signs.
1.34
"Projecting Sign" means a sign which is supported by a building wall at one (1) end and
projecting outwardly therefrom more than 450 mm (17 3/4").
1.35
"Property Line" means any boundary that divides a lot from another lot.
1.36
"Real Estate Sign" means a Sign that advertises property or premises for sale, lease or rent.
1.37
"Residential Lands" means any land zoned "Residential" "Port Dalhousie Cottage" or
"Holding" designation in accordance with the provisions of any Zoning By-law of the City.
1.38
"Roof Sign" means a Sign which is erected on or supported by the roof or portion of the
building projecting above the roof of a building such as the parapet or a Canopy.
1.39
"Sign" means any device displaying any letter, figure, character, mark, point, plane, design,
poster, pictorial, stroke, stripe, line, trademark, reading matter, or illuminating device,
constructed, attached, erected, fastened or manufactured in any manner whatsoever, so that
the same is used or is intended to be used for the attraction of the public in any place,
subject, person, firm, corporation, public performance, article, machine or merchandise
whatsoever.
1.40
"Structure" means the supports, uprights and bracing of a Sign.
1.41
"Street Line" means the boundary line that divides a lot from a road allowance.
1.42
"Third Party Sign" means a Sign erected or maintained by a person, firm, corporation,
business, commercial service or industrial enterprise, describing in any manner whatsoever
one (1) or more products or services which are made, produced, assembled, sold or stored
on a lot other than the lot upon which the Sign is erected.
1.43
"Traffic Signals" means a Sign, marking or device lawfully placed for the purpose of
regulating or prohibiting traffic.
1.44 "Utility Pole" means any pole situated in a road allowance, which supports any public utility
including, but not limited to, light standard poles, with the exception of a decorative street
lighting pole.
1.45
"Utility Pole Sign" means a Sign which is affixed to and directly supported from the ground by
an existing stand-alone Utility Pole or light standard pole that is permanently fixed to a
foundation in the ground to a depth of at least 1.2 m (3'-11 1/4") and is located on private
property.
1.46 "Wall Sign" means a Sign which is supported by a building wall and projects outwardly not
more than 450 mm (17 3/4").
1.47
"Wrap Around Sign" means a Sign that has a temporary use that is secured to a light
standard or other such Structure with one ( 1) or two (2) Sign faces and made of coraplast or
similar material.
SECTION 2- ADMINISTRATION
SCOPE
2.1
This By-law regulates Signs located on private property and within the municipal boundaries
of the City of St. Catharines and includes Signs partly located on a road allowance. Any
Sign located partly on a road allowance requires written permission from the Owner of the
road allowance.
PERMIT REQUIRED
2.2
No person shall erect, relocate, possess, place, maintain, alter, cause or permit to be
erected, placed, maintained or altered any Sign without first having obtained a permit issued
in accordance with the provisions of this By-law.
APPLICATION FOR PERMIT
2.3
Every application for a permit shall be submitted to the Planning and Development Services
Department on a form provided for that purpose and shall be accompanied by:
(a)
Two (2) site plan layouts (plot plans) dimensioned and drawn to scale showing the
Property Lines and Street Lines of the lot on which it is proposed to erect such Sign,
and the location of the Sign upon the lot in relation to the said Property Lines and
Street Lines and to any other Signs and Structures upon the subject lot, and
adjacent properties as required by the Director.
(b)
Two (2) complete plans of the proposed Sign including its Structure, prepared by a
competent person.
(c)
Such other documents as may be specified by the Director in order to ensure that
the proposed Sign complies with the Building Code, the Fire Code and any other
applicable law.
(d)
A design prepared by a professional engineer for all Pole Signs and Projecting Signs
weighing more than 115 kg.
(e)
The site plan layouts (plot plans) described in Section 2.3 (a), prepared by an
Ontario Land Surveyor, if required by the Director.
(f)
The payment of the fee for a Sign permit as set by the Rates and Fees By-Law for
The Corporation of the City of St. Catharines, as amended from time to time.
2.4
In addition to the requirements in Section 2.3, every application for a Flag Sign or Wrap
Around Sign shall be accompanied by a site plan layout (plot plan) to the satisfaction of the
Director. A site plan layout (plot plan) shall be submitted to the Building Division of the
Planning and Development Services Department on each anniversary of the issuance of the
sign permit with the payment of the fee set out in the Rates and Fees By-law for The
Corporation of the City of St. Catharines, as amended from time to time.
2.5
The Director may require the property bars to be visible forfield verification of the location of
permanent signs.
COMPLY WITH BY-LAW
2.6
No person shall be granted a permit unless the proposed Sign to which the permit relates
complies with the provisions of this By-law or to a variance from the said provisions granted
by Council pursuant to the provisions of the Municipal Act, 2001, or to any other applicable
law.
CANCEL APPLICATION
2.7
(a)
The Director shall cancel the application of any person who does not furnish the
materials described in Section 2.3 within three (3) months of the date upon which the
subject application is received by the Planning and Development Services
Department.
(b)
Whenever the Director proposes to cancel an application, he shall give notice in
writing to the person named in the application of the proposal to cancel the said
application.
(c)
The decision of the Director to cancel an application may be appealed to Council
pursuant to Section 2.1 0.
REFUSE PERMIT
2.8
(a)
The Director shall refuse the issuance of a permit when the application to which the
Sign relates does not comply with the provisions of this By-law or to a variance from
the said provisions granted by Council pursuant to the provisions of the Municipal
Act, 2001, or to any other applicable law.
(b)
Whenever the Director proposes to refuse the issuance of a permit he shall give
notice in writing to the person named in the application of the proposal to refuse the
said permit.
(c)
The decision of the Director to refuse the issuance of a permit may be appealed to
Council pursuant to Section 2.1 0.
REVOKE PERMIT
2.9
(a)
(i)
The Director shall revoke any permit issued pursuant to the provisions of this
By-law which relates to a Sign that is found by an Inspector to be in
contravention of the provisions of this By-law.
(ii)
The Director shall revoke the permit of any holder of a permit issued
pursuant to the provisions of this By-law whenever an Inspector is denied
access to the Sign to which the permit relates.
(iii)
The Director shall revoke the permit of any holder of a permit who refuses to
provide an Inspector with any documentation relating to the design, location
or Structure of the Sign to which the permit relates.
(iv)
The Director shall revoke a Sign permit where it was issued on mistaken or
false information.
(v)
The Director shall revoke a Sign permit, where six (6) months after the permit
to which the Sign relates is issued, construction of the Sign is not complete.
The Sign shall be deemed to be incomplete if, within six (6) months of the
date upon which the permit in question was issued, the applicant has not
notified the Director that the Sign to which the permit in question relates has
been completed.
(vi)
The Director shall revoke a Sign permit in any situation in which the Sign to
which the permit relates is modified, destroyed, relocated or removed.
(b)
(i)
Whenever the Director revokes a permit he shall give notice in writing of the
revocation to the permit holder.
(ii)
The decision of the Director to revoke the permit may be appealed to Council
pursuant to Section 2.1 0.
APPEALS
2.10
(a)
The decision of the Director to cancel an application may be appealed by submitting
a written request to Council with the necessary fee specifying the extension
requested and why the application should not be cancelled.
(b)
The decision of the Director to refuse the issuance of a permit may be appealed by
obtaining a variance from Council as per Section 2.13.
(c)
The decision of the Director to revoke a permit may be appealed by submitting a
written request to Council with the necessary fee and specifying why the permit
should not be revoked.
(d)
Where an application is cancelled, the applicant for the permit shall be advised that
he has the right to have the decision of the Director to cancel his application
reviewed by Council, and that this right shall expire thirty (30) days from the date of
the notice of cancellation.
(e)
Where a permit is revoked, the permit holder shall be advised, as part of the notice
of revocation required under Section 2.9, that there is a right to have the decision of
the Director reviewed by Council and that this right will expire thirty (30) days from
the date of the notice or revocation.
(f)
A request to have Council review the decision of the Director shall be in writing to the
City Clerk.
(g)
The decision of Council is final.
PERMIT APPROVED
2.11
(a)
The Director shall review each application submitted for a Sign permit and, if such
application is in conformity with the provisions of this By-law and other applicable
law, shall issue a permit.
(b)
Once a permit has been issued, the permit holder shall be required to request all
necessary inspections as specified by the permit.
PERMITS NOT REQUIRED
2.12
(a)
Notwithstanding Section 2.2 of this By-law, no permit shall be required for the
following Signs;
(i)
any directional Sign not exceeding 0.5 m2 (5.38 tr) in area and not
exceeding 1.5 m (4'-11 ") in height.
(ii)
an Election Sign.
(iii)
a Sign not exceeding 0.6 m2 (6.5 ff) in area identifying a property for sale,
lease or rent.
(iv)
a Sign not exceeding 0.20 m2 (2.15 ff) in area identifying the occupant
and/or the use of a building.
(v)
a Sign inside a building or mall.
(vi)
a Sign painted upon a window.
(vii)
a Sign painted upon a roof.
(viii)
a Sign painted upon a wall.
(ix)
a Sign not exceeding 0.20 m2 (2.15 ff) giving notice that trespassing is
prohibited.
(x)
a Sign painted on or attached to a fuel storage tank or dispensing facility
advertising the product.
(xi)
a Sign on a municipal sports field, backstop or accessory structure.
(xii)
a Sign required by a government to inform the public of proposed zoning
changes, variances, land severances, subdivision applications and official
plan amendments.
(xiii)
a menu board at a drive-thru food outlet.
(xiv)
a unit numbering scheme Sign and a fire route Sign.
(xv)
for the changing of any movable part of an approved Sign for which a permit
has been issued, that is designed for such change or the repainting or the
repainting or reposting of the advertising message on the display surface of
the said Sign.
(xvi)
a Flag Sign that is a national or other governmental sign.
(xvii)
a Flag Sign that is erected, installed and maintained by government or
community organizations. For the purposes of this subsection a "community
organization" means a non-profit group organized for the advancement of a
civic, cultural, social, health, philanthropic or recreational purpose within the
City.
(xviii)
a Flag Sign not exceeding 0.2 m2 (2.15 ff) that identifies the occupant and/or
the use of the building .
Election Signs
(b)
No person shall cause or permit an Election Sign to be erected earlier than sixty (60)
days prior to the election day or remain erected more than seven (7) days after the
election day.
VARIANCE
2.13
(a)
The applicant may apply in writing to Council for a variance from the requirements of
this By-law.
(b)
The fee for an application for variance to cover processing of the application shall be
as set by the Rates and Fees By-Law for The Corporation of the City of St.
Catharines, as amended from time to time. The variance application fee is non
refundable.
REFUND
2.14
(a)
Where no permit is issued, upon written request by the Owner, the Director shall
retain fifty percent (50%) of the permit fee or the minimum permit fee as approved by
Council from time to time, whichever is the greater, pursuant to the provisions herein.
(b)
No fees shall be refunded after twelve (12) months from the date of filing the
application for a permit.
(c)
No refund shall be made where the permit is issued and the Sign is not erected.
(d)
No refund shall be made where the permit is revoked.
EXISTING SIGNS
2.15
(a)
This By-law shall not require the relocation of any Sign or Structure for which a Sign
permit was issued prior to the enactment of this By-law provided that:
(i)
The Sign or Structure remains in the same location that is specified in the
documents upon which the applicant relied in making his application for the
permit for the said Sign.
(ii)
Any road allowance which abuts the lot upon which the said Sign is located is
not widened.
(iii)
The said Sign does not contravene the provisions of Section 3.6 or 3.7 ofthis
By-law.
(b)
A Sign lawfully erected or displayed prior to the passing of this By-law which does
not comply with the provisions of this By-law shall be deemed to be in compliance
with this By-law, provided that it is not substantially altered.
CONTRAVENTION
2.16
(a)
Where any provision of this By-law is being contravened, the Director shall notify the
Owner of the offending Sign in writing of the contravention and direct that
compliance with such provision take place forthwith or within such time as is
specified on the notice.
(b)
(i)
If the Owner fails to remedy the contravention of the By-law provision
specified in the notice described in Section 2.16 (a) within the time specified,
the Director may cause the offending Sign to be removed or corrected.
(ii)
In the event the Director causes the offending Sign to be removed or
corrected the City may recover the expense incurred in carrying out such
removal or correction by action or the same may be collected in the same
manner as municipal taxes.
PENALTY
2.17 Any person who contravenes any provision of this By-law is guilty of an offence and shall be
subject to the applicable fine pursuant to the provisions of the Provincial Offences Act, as
amended, or other applicable statute.
NOTICE
2.18
(a)
Any notice required to be given in writing to the Owner or permit holder by the
provisions of this By-law shall be deemed to be sufficiently given if it is:
(i)
served personally; or
(ii)
sent by regular mail to any one (1) of the following: the address provided in
the permit application; their current place of business, if known; or their
residential address as provided in the most recent municipal assessment roll.
(b)
Notice served by regular mail shall be deemed to have been served on the third day
following the day on which it was mailed.
SECTION 3 - GENERAL PROVISIONS APPLICABLE TO ALL SIGNS
IDENTIFICATION ON SIGN
3.1
The Owner of every Sign for which a permit is issued shall ensure that the said Sign bears
the name of the Owner of the Sign in clearly legible letters.
COMPLIANCE WITH CODES
3.2
(a)
Every Sign shall be designed, constructed and erected in conformity with the
provisions of this By-law, the Building Code, the Fire Code and any other applicable
law.
(b)
Every electrical Sign shall comply with all governing requirements of the Ontario
Electrical Code, as amended from time to time.
SETBACK
3.3
The Director shall determine the distance from a Sign to any Property Line or Street Line by
determining the distance from the said Property Line or Street Line to the closest portion of
the said Sign including any catwalk or lighting device to the subject Property Line or Street
Line.
PROHIBITIONS
3.4
(a)
No person shall erect, install, maintain or permit any Sign that:
(i)
employs a revolving beacon;
(ii)
employs any flashing or sequential light; or
(iii)
employs any mechanical or electronic device to provide or simulate motion of
the Sign Structure itself, or any part thereof; or
(iv)
employs a video screen or electronically animated images including, but not
limited to, video trailers, digital or computer images.
(b)
No person shall erect, install, or cause or permit to be erected or installed any Roof
Sign.
(c)
No person shall affix any Bill upon any Utility Pole located within the Municipal
boundaries of the City of St. Catharines.
OBSTRUCT TRAFFIC SIGNALS
3.5
No person shall erect, install, or maintain any Sign or source of illumination for that Sign in
such a location or manner as to interfere with the operation or visibility of any Traffic Signal
which is now or may hereafter be erected for the control or guidance of traffic and
pedestrians upon any highway within the boundaries of the City of St. Catharines.
LINE OF VISION
3.6
No person shall erect, install or maintain any Sign in such a location or manner as to
obstruct the line of vision of pedestrian or vehicular traffic.
PARKING SPACE
3. 7
No person shall erect, install or maintain a Sign within a parking space except for a Portable
Sign.
MAINTENANCE
3.8
All Signs for which a permit has been issued shall be maintained in good repair and in safe
condition.
SECTION 4 - CLASSIFICATION BY STRUCTURAL TYPE
GROUND SIGNS
4.1
(a)
No person shall erect, install or maintain a Ground Sign which exceeds 3.0 m (9'
1 0") in height.
(b)
No person shall erect, install or maintain a Ground Sign:
(i)
within 1.0 m (3'-3 3/8") of a Property Line or Street Line;
(ii)
within a distance equal to its height from a Street Line when the Ground Sign
exceeds 1.0 m (3'-3 3/8") in height;
(iii)
within 1.0 m (3'-3 3/8") from a Street Line when the Ground Sign does not
exceed 1.0 m (3'-3 3/8") in height; or
(iv)
within a Daylighting Triangle when the Ground Sign exceeds 1.0 m (3'-3 3/8")
in height.
(c)
No person shall erect, install or maintain a Ground Sign on Residential Lands except
as provided for in Sections 5.1 , 5.3, 5.4. and 5.2 (d).
(d)
No person shall erect, install or maintain on any one (1) lot more than one (1)
Ground Sign per 20.0 m (65'-7 3/8") of the frontage of the lot on which the Ground
Sign or Signs as the case may be are located. In the case where the frontage of the
lot on which a Ground Sign is to be located is less than 20.0 m (65'-7 3/8"), the
Owner of the lot is entitled to erect, install and maintain one (1) Ground Sign.
(e)
No person shall erect, install or maintain a Ground Sign within 20.0 m (65'-7 3/8") of
any other Ground Sign, Pole Sign or legally existing Portable Sign pursuant to
Section 2.15 (b) located on the same lot.
(f)
No person shall erect, install or maintain a Ground Sign which exceeds 9.3 m2 (1 00
ft2) in area except as provided for in Section 5.2 (a) and 5.5 (a).
(g)
Notwithstanding the provisions of Section 4.1 (b) above, where the zoning of a lot
would permit a building to be constructed closer to a Street Line than the distance
that is specified in Section 4.1 (b) above, a Ground Sign may be installed, erected or
maintained the same distance from a Street Line as would be required for a building
located on the said lot.
POLE SIGNS
4.2
(a)
No person shall erect, install or maintain a Pole Sign which exceeds 11 .0 m (36'-1")
in height.
(b)
Except as provided for in Section 5.2 (a) and 5.5 (a), no person shall erect or install a
Pole Sign which exceeds:
(i)
the greater of 11 .1 m2 (119.5 ff) or 0.1 m2 (1.07 ft2) per 1.0 m (3'-3 3/8") of
street frontage to a maximum area of 25.0 m2 (269.1 ff); or
(ii)
the greater of 11.1 m2 (119.5 ft2) or 1.0 m2 (1 0.8 ft2) per 1500 m2 (16, 146 ft2)
of lot area to a maximum area of 25.0 m2 (269.1 ff).
(c)
No person shall erect, install or maintain on any one (1) lot more than one (1) Pole
Sign per 20.0 m (65'-7 3/8") of the frontage of the lot on which the Pole Sign or Signs
as the case may be is or are located. In the case where the frontage of the lot on
which the Pole Sign is to be located is less than 20.0 m (65'-7 3/8"), the Owner of the
lot is entitled to install, erect or maintain one (1) Pole Sign.
(d)
No person shall erect, install or maintain a Pole Sign within 20.0 m (65'-7 3/8") of any
other Pole Sign, Ground Sign or legally existing Portable Sign pursuant to Section
2.15 (b) located on the same lot.
(e)
No person shall erect, install or maintain a Pole Sign:
(i)
within 1.0 m (3'-3 3/8") of a Property Line or Street Line;
(ii)
within 3.0 m (9'-10") of a Street Line unless the Pole Sign does not obstruct
the vision of motorists and pedestrians between 1.0 m (3'-3 3/8") and 3.0 m
(9'-1 0") from the ground;
(iii)
within a Daylighting Triangle unless the Pole Sign does not obstruct the
vision of motorists and pedestrians between 1.0 m (3'-3 3/8") and 3.0 m (9'
1 0") from the ground.
(f)
Pole Signs shall be deemed to obstruct the vision of motorists and pedestrians if
more than twenty per cent (20%) of the width of the Sign between 1.0 m (3'-3 3/8")
and 3.0 m (9'-10") from the ground is opaque or any single member of the Structure
of the Sign between 1.0 m (3'-3 3/8") and 3.0 m (9'-10") from the ground exceeds
300 mm (11 3/4") in width when the Sign is supported on more than one (1) pole
and 600 mm (23 5/8") in width when the Sign is supported on only one (1) pole.
(g)
No person shall erect, install or maintain a Pole Sign on or within 8.0 m (26'-3") of
any Residential Lands except as provided for in Section 5.2 (d).
(h)
Notwithstanding the provisions of Section 4.2 (e) above, where the zoning of a lot
would permit a building to be constructed closer to a Street Line than the distance
specified in Section 4.2 (e) above, a Pole Sign which obstructs the vision of motorists
and pedestrians between 1.0 m (3'-3 3/8") and 3.0 m (9'-10") may be installed,
erected or maintained within the same distance from a Street Line as would be
required for a building located on the said lot.
(i)
No person shall erect, install or maintain a Pole Sign on a property where a Third
Party Sign has been legally established.
PORTABLE SIGNS
4.3
(a)
No person shall erect, install or maintain a Portable Sign on Residential Lands,
Lands in a Heritage Conservation District or on vacant land except as provided for in
Sections 4.3 (b), 4.3 (o) and 5.2 (d).
(b)
Notwithstanding Sections 4.3 (a), 5.1 (b), 5.1 (c), 5.3 and 5.4, a person may erect,
install or maintain one (1) Portable Sign on a property designated as Residential
Lands and used for non-residential use.
(c)
No person shall permit a Portable Sign to be located on a property for more than four
(4) thirty (30) day periods in any twelve (12) month period. The number of days that
a Portable Sign is erected or displayed shall be determined by the date requested by
the applicant.
(d)
No person shall erect, install or maintain a Portable Sign on a property without first
obtaining written permission from the Owner or his agent of the property.
(e)
No person shall erect, install or maintain a Portable Sign within 50.0 m (164'-0") of
any other Portable Sign, or legally existing Portable Sign pursuant to Section 2.15 (b)
located on the same lot.
(f)
No person shall erect, install or maintain a Portable Sign within 20.0 m (65'-7 3/8")
from a Ground Sign and/or a Pole Sign located on the same lot.
(g)
No person shall erect, install or maintain on any one (1) lot more than one (1)
Portable Sign per 50.0 m (164' -0") of frontage of the lot on which the Portable Sign
or Signs, as the case may be, are located. In the case where the frontage of the lot
on which a Portable Sign is to be located is less than 50.0 m (164'-0"), the Owner of
the lot is entitled to erect, install and maintain one (1) Portable Sign.
(h)
No person shall erect, install or maintain a Portable Sign within 6.0 m (19'-8 1/4") of
a driveway/exit or intersection of two (2) streets, when the setback is less than the
height of the sign.
(i)
No person shall erect, install or maintain a Portable Sign within 1.0 m (3'-3 3/8") of
any Property Line or Street Line or 1.0 m (3'-3 3/8") from any public sidewalk,
whichever is greater.
0)
No person shall erect, install or maintain a Portable sign which exceeds 4.6 m2 (49.5
fe) in area.
(k)
No person shall erect, install or maintain a Portable Sign which exceeds 2.5 m (8'-2
1/2") in height.
(I)
No person shall erect, install or maintain a Portable Sign that does not advertise a
product, goods, etc. located on that property except as provided for in Section 4.3
(q).
(m)
A person may erect, install or maintain one (1) Portable Sign on a property
designated as Residential Lands for birthdays, anniversaries, or other similar events
as determined by the Director, without having to obtain a sign permit, for a maximum
of three (3) days.
(n)
No person shall erect, install or maintain more than one (1) Portable Sign per
business per Lot frontage. This applies regardless of the maximum number of
Portable Signs permitted. Where there is more than one (1) business on a Lot, any
one (1) business cannot place a Portable Sign for a period in excess of four (4)
months during the twelve (12) month period on each Lot frontage.
(o)
Notwithstanding Sections 4.3 (a) and 5.4 (a), a person may erect, install or maintain
one ( 1) Portable Sign on a property designated as Residential Lands and used as an
Apartment Building subject to the regulations.
(p)
The Sign Permit holder shall ensure that the Sign Permit number is affixed to the
Sign.
(q)
Notwithstanding the provisions Sections 4.3 (I) and 4.3 (c), a charitable or non-profit
organization may obtain a permit and erect, install or maintain a Third Party Portable
Sign on any property other than property zoned residential and used as Residential,
Lands in a Heritage Conservation District or on vacant land, advertising a special
event. Subject to the regulations, permits issued under this Section shall be valid for
twenty (20) days and no charitable or non-profit organization shall receive more than
two (2) such permits per twelve (12) month period.
PROJECTING SIGNS
4.4
(a)
No person shall erect, install or maintain a Projecting Sign which exceeds 9.3 m2
(100 ff) in area except as provided for in Section 5.2 (a).
(b)
No person shall install, erect, or maintain a Projecting Sign in such a location that the
Sign extends to within 1.0 m (3'-3 3/8") of a Street Line or Property Line.
(c)
No person shall install, erect or maintain a Projecting Sign such that the bottom is
less than 2.4 m (7'-10 1/2") measured vertically from a private sidewalk or 4.25 m
(13'-11 1/4") from a private roadway.
(d)
No person shall erect, install or maintain more than one (1) Projecting Sign per 6.0 m
(19'-8 1/4") of the frontage of the Lot upon which the building upon which the said
Projecting Sign or Signs as the case may be are located. In the case where the
frontage of the Lot upon which the building upon which the Projecting Sign is located
is less than 6.0 m (19'-8 1/4"), the Owner of the said Lot is entitled to install and
maintain one (1) Projecting Sign.
(e)
(i)
No person shall erect, install or maintain a Projecting Sign which is located
within 3.0 m (9'-10") of another Projecting Sign attached to the same
building.
(ii)
The requirement set out in Section 4.4 (e) (i) above does not apply to a
Projecting Sign which consists of two (2) projections from a common base
which form a "V".
(f)
No person shall erect, install or maintain a Projecting Sign on a building located upon
Residential Lands except as provided for in Sections 5.1 (b), 5.1 (c), 5.2 (d) and 5.3.
WALL SIGNS
4.5
(a)
No person shall erect, install or maintain on any one (1) building face a Wall Sign or
combination of Wall Signs whose total area exceeds thirty-five percent (35%) of the
said building face except as provided for in Section 5.2 (a) and 5.5 (a).
(b)
No person shall erect, install or maintain a Wall Sign on any Residential Lands
except as provided for in Sections 5.1, 5.2 (d), 5.3, and 5.4.
UTILITY POLE SIGNS
4.6
(a)
No person shall erect, install or maintain a Utility Pole Sign which exceeds 3.0 m
(9'-1 0") in height.
(b)
No person shall erect, install or maintain a Utility Pole Sign:
(i)
within 1.0 m (3'-3 3/8") of a Property Line or Street Line;
(ii)
within a distance equal to its height from a Street Line when the Utility Pole
Sign exceeds 1.0 m (3'-3 3/8") in height;
(iii)
within 1.0 m (3' -3 3/8") from a Street Line when the Utility Pole Sign does not
exceed 1.0 m (3'-3 3/8") in height; or
(iv)
within a Daylighting Triangle.
(c)
No person shall erect, install or maintain a Utility Pole Sign on Residential Lands.
(d)
No person shall erect, install or maintain on any one ( 1) lot more than one ( 1) Utility
Pole Sign per 20.0 m (65'-7 3/8") offrontage of the lot on which the Utility Pole Sign
or Signs, as the case may be, are located. In the case where the frontage of the Lot
on which a Utility Pole Sign is to be located is less than 20.0 m (65'-7 3/8"), the
Owner of the Lot is entitled to erect, install and maintain one (1) Utility Pole Sign.
(e)
No person shall erect, install or maintain a Utility Pole Sign within 20.0 m (65'-7 3/8")
of any other Utility Pole Sign, Ground Sign, Pole Sign or legally existing Portable
Sign pursuant to Section 2.15 (b) located on the same Lot.
(f)
No person shall erect, install or maintain a Utility Pole Sign which exceeds 3.0 m2
(32.29 ff) in area.
AWNING - CANOPY SIGNS
4. 7
(a)
No person shall erect, install or maintain an Awning Sign or Canopy Sign in such a
location that the sign extends in excess of 1.0 m (3'-3 3/8") from a Street Line or
Property Line.
(b)
No person shall erect, install or maintain an Awning Sign or Canopy Sign such that
the bottom is less than 2.4 m (7'-10 1/2") measured vertically to grade when
projecting over an area intended for pedestrian traffic or 4.25 m (13'-11 1/4") to
grade when within 1.0 m (3'-3 3/8") of an area intended for vehicular traffic.
(c)
No person shall erect, install or maintain more than one (1) Awning Sign or Canopy
Sign per 6.0 m (19'-81/4") of frontage of the Lot upon which the building upon which
the said Awning Sign or Canopy Sign or signs, as the case may be, are located. In
the case where the frontage of the Lot upon which the building upon which the
Awning Sign or Canopy Sign is located is less than 6.0 m (19'-8 1/4"), the Owner of
the said Lot is entitled to install and maintain one (1) Awning Sign or Canopy Sign.
For multiple attached commercial units (i.e., plazas), each unit is allowed to erect,
install or maintain only one (1) Awning Sign or Canopy Sign per unit frontage and the
total sign area cannot exceed thirty-five percent (35%) of the said unit face.
(d)
No person shall erect, install or maintain an Awning Sign or Canopy Sign on a
building located upon Residential Lands.
FLAG SIGNS
4.8
(a)
No person shall erect, install or maintain a Flag Sign that exceeds 3.0 m2 (32.29 ff).
(b)
No person shall erect, install or maintain a Flag Sign:
(i)
within 2.75 m (9'-0") of grade;
(ii)
within 20.0 m (65'-7 3/8") of another Flag Sign;
(iii)
within 1.0 m (3'-3 3/8") of a side or rear yard of a property; or
(iv)
within 3.0 m (9'-1 0") of Daylighting Triangle where it meets adjacent property
on frontage or flanking yards;
(c)
No person shall erect, install or maintain a Flag Sign that is not identified on the site
plan layout (plot plan) provided in accordance with this By-law.
WRAP AROUND SIGNS
4.9
(a)
No person shall erect, install or maintain a Wrap Around Sign that exceeds 3.0 m2
(32.29 ft2) (per side).
(b)
No person shall erect, install or maintain a Wrap Around Sign:
(i)
within 6.0 m (19'-8 1/4") of the entrance to a property;
(ii)
within 2.75 m (9'-0") vertical distance from grade if within a Daylighting
Triangle or in a location that creates a sight line issue;
(iii)
within 1.0 m (3'-3 3/8") of a side or rear of a yard of a property;
(iv)
within 3.0 m (9'-10") of a Daylighting Triangle where it meets adjacent
property on frontage or flanking yards;
(v)
that is less than 2.2 m2 (23.7 ft2) unless that sign is at least 10.0 m (32' -9
11/16") from another Wrap Around Sign and from any Portable Sign that is
placed in addition to a Wrap Around Sign;
(vi)
that is greater than 2.2 m2 (23.7 fe) unless that sign is at least 15.0 m (49'-2
1/2") from another Wrap Around Sign and from any Portable Sign that is
placed in addition to a Wrap Around Sign; or
(vii)
where there is a combination of signs that are larger than 2.2 m2 (23.7 W)
and less than 2.2 m2 (23.7 fe) on the site, unless the 15.0 m (49'-2 1/2")
separation distance between any Wrap Around Sign and any Portable Sign
that is placed in addition to a Wrap Around Sign.
(c)
No person shall erect, install or maintain a Wrap Around Sign unless:
(i)
it is constructed of coraplast or similar material resistant to inclement
weather;
(ii)
it is wind resistant and attached with cable ties; or
(iii)
it is adequately secured to prevent a hazard to pedestrian or vehicular traffic.
(d)
No person shall erect, install or maintain a Wrap Around Sign that is not identified on
the site plan layout (plot plan) provided in accordance with this By-law.
SECTION 5- CLASSIFICATION BY USE
BUSINESS SIGNS
5.1
(a)
Notwithstanding Sections 4.1 (c) and 4.5 (b), no person shall erect, install or
maintain a Business Sign which exceeds 0.2 m2 (2.15 ft2) in area and 1.5 m (4' -11 ")
in height if a Ground Sign, upon Residential Lands used as a professional office
located in a dwelling regularly used as a professional's private residence. (This
provision is not intended to permit signs upon Residential Lands used as home
occupations as provided for in the applicable zoning by-law.)
(b)
Notwithstanding Sections 4.1 (c), 4.4 (f) and 4.5 (b), no person shall erect, install or
maintain a Business Sign which exceeds 3.0 m2 (32.29 ft2) in area and 2.0 m (6'-6
3/4") in height if a Ground Sign, upon Residential Lands fronting on a local street
except as permitted in Section 4.3 (b) and only occupied by other than a single, two
unit, three unit, four unit or row dwelling.
(c)
Notwithstanding Sections 4.1 (c), 4.4 (f) and 4.5 (b), no person shall erect, install or
maintain a Business Sign which exceeds 4.6 m2 (50 ft2) in area and 2.5 m (8'-2 1/2")
in height, if a Ground Sign, upon Residential Lands fronting on an arterial or major
collector street except as permitted in Section 4.3 (b) and only occupied by other
than a single, two unit, three unit, four unit or row dwelling.
DEVELOPMENT SIGNS
5.2
(a)
Notwithstanding Sections 4.1 (f), 4.2 (b), 4.4 (a), no person shall erect, install or
maintain a Development Sign larger than 25.0 m2 (269.1 ft2).
(b)
No person shall permit a Development Sign to remain once eighty percent (80%) of
the Development is occupied.
(c)
A Development Sign must be located on lands which are the subject of the
Development.
(d)
Notwithstanding Sections 4.1 (c), 4.2 (g), 4.3 (a), 4.4 (f) and 4.5 (b), a Development
Sign may be located on Residential Lands.
INSTITUTIONAL SIGNS
5.3
(a)
Notwithstanding Sections 4.1 (c), 4.4 (f) and 4.5 (b), no person shall erect, install or
maintain an Institutional Sign which exceeds 3.0 m2 (32.29 W) in area and 2.0 m (6-6
3/4") in height if a Ground Sign, upon Residential Lands fronting on a local street
except as permitted in Section 4.3 (b).
(b)
Notwithstanding Sections 4.1 (c), 4.4 (f) and 4.5 (b), no person shall erect, install or
maintain an Institutional Sign which exceeds 4.6 m2 (50 ft2) and 2.5 m (8'-2 1/2") in
height if a Ground Sign, upon Residential Lands fronting on an arterial or major
collector street except as permitted in Section 4.3 (b).
(c)
Notwithstanding Section 4.2 (g), no person shall erect, install or maintain an
Institutional Sign if a Pole Sign upon Residential Lands, except in accordance with
Section 4.2.
(d)
Notwithstanding Section 4.5 (b), no person shall erect, install or maintain an
Institutional Sign, if a Wall Sign on Residential Lands, except in accordance with
Section 4.5.
(e)
Notwithstanding Section 5.6 (a), no person shall erect, install or maintain an
Institutional Sign that is an Electronic Sign on Residential Lands, except in
accordance with this By-law, as amended.
REAL ESTATE SIGNS
5.4
(a)
Notwithstanding Sections 4.1 (c) and 4.5 (b), no person shall erect, install or
maintain a Real Estate Sign which exceeds 3.0 m2 (32.29 ft2) in area and 2.0 m (6'-6
3/4") in height if a Ground Sign, upon Residential Lands fronting on a local street and
occupied by other than a single, two unit, triplex, four plexor row dwelling, except as
permitted in Section 4.3 (b).
(b)
Notwithstanding Sections 4.1 (c) and 4.5 (b), no person shall erect, install or
maintain a Real Estate Sign which exceeds 4.6 m2 (50 W) and 2.5 m (8'-2 1/2") in
height if a Ground Sign, upon Residential Lands fronting on an arterial or major
collector street and occupied by other than a single, two unit, triplex, four plexor row
dwelling, except as permitted in Section 4.3 (b).
THIRD PARTY SIGNS
5.5
(a)
Notwithstanding Sections 4.1 (f), 4.2 (b), 4.4 (a) and 4.5 (a), no person shall erect,
install or maintain a Third Party Sign larger than 7.43 m2 (80 ft2) in area.
(b)
The platform and lighting of a Third Party Sign supported on a wall may not project
more than 450 mm (17 11/16") from the face of the wall.
(c)
Except as provided for in Section 5.5 (d), no Third Party Sign shall be located within
300m (984'-3") of any legally existing Third Party Sign. The 300.0 m (984'-3") shall
be measured in all directions (in a circle).
(d)
Notwithstanding Section 5.5 (c), two (2)Third Party Signs may be erected or installed
back to back or attached at an angle such that the back of the Signs are not exposed
to the street or streets upon which the Signs face, provided that the 300.0 m (984'
3") separation from existing Third Party Signs is maintained.
(e)
No person shall erect a Third Party Sign on Residential Lands or upon any lands
zoned Greenbelt, Agricultural or Environmental Protection Area or in a Heritage
Conservation District.
(f)
No person shall erect, install or maintain a Third Party Sign on a property where a
Pole Sign has been legally established.
(g)
No person shall erect, install or maintain a Third Party Sign within 100.0 m (328'-1")
of Residential Lands or from single and two (2) unit dwellings in all zoning
classifications.
(h)
No person shall erect, install or maintain a Third Party Sign except on vacant lands
where there is no other Development. Once Development has occurred on the lands,
the Third Party sign shall be removed.
ELECTRONIC SIGNS
5.6
(a)
No person shall erect, install or maintain an Electronic Sign on or within 20.0 m (65'
7 3/8") of Residential Lands.
5.7
This By-law shall come into force and effect on the 28th day of May, 2012.
5.8
By-law No. 2008-302, as amended, is hereby repealed.
Read a first time this
o(<gf-f\
day of
tYl4'{
2012.
Read a second time this
B-~
day of
2012.
m*{
Read a third time and passed this ~~
dayof m~
2012.
CLERK