Sign By-law No. 135-1992 (as amended) — full text

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WHEREAS the Municipal Act, R.S.O. 1990, Chapter M. 45, Section 210 provides, in subsections By-laws municipalities as follows: passed by councils of 1081 148 and 149, A By-law to prohibit and regulate signs and other advertising devices in the City of Thunder Bay. - For prohibiting or regulating signs and other advertising devices or any class or classes thereof and the notices on buildings or vacant lots within any area or areas or on land abutting on any defined highway or part of a highway. - (a) A by-law passed under this paragraph may specify a time period during which signs or other advertising devices in a defined class may stand or be displayed in the municipality and may require the removal of such signs or other advertising devices which continue to stand or be displayed such time period has expired. - (b) A by-law passed under this paragraph may require the production of the plans of all signs or other advertising devices to be erected, displayed, altered or repaired and provide for the charging of fees for the inspection and approval of such plans and for the fixing of the amount of such fees and for the issuing of a permit certifying to such approval and may prohibit the erection, alteration or repair of any sign or advertising device where a permit has not been obtained therefor and may authorize the refusal of a permit for any sign or other advertising device that if or displayed would be contrary to any by-law of the municipality. - (c) A change in the message displayed by a sign or advertising device does not in itself constitute ar alteration. - A by-law passed under this paragraph may authorize the pulling down or removal at the expense sign or other advertising" device that is erected displayed in contravention of the by-law and may require any person who, - has caused a sign or other advertising device to erected, displayed; altered or repaired without first having obtained a permit to do so, or to make such sign or other advertising device comply with - (ii) having obtained à permit has caused a sign or other advertising device to be erected, displayed, altered or repaired contrary to the approved plans in respect of which the permit was issued, - For prohibiting or regulating the nailing otherwise attaching of anything or the causing of anything so nailed or otherwise attached to or upon any perty managed and controlled by a public utility commission or of a local board as defined in clause (a) of paragraph 46 of Section 207.  signs affixed. or other overtising pes do a l lawfully City of Thunder Bay deems appropriate to enact such a By-law in respect of all lands within the city of Thunder Bay: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF THUNDER BAY ENACTS AS FOLLOWS: ## SECTION 1 - TITLE ## · 1.1 Short Title This By-law may be known and cited as the "Sign Bylaw". ## SECTION 2 - DEFINITIONS - 2.1 a) For the purpose of this By-law, interpretations given the definitions in this Section shall govern; - b) c) in this By-law, the word "shall" is mandatory; reference to Provincial Legislation shall mean Ontario Legislation, R.S.O. 1990, and includes the Act both as amended and revised from time to time, or any legislation enacted in substitution therefor. "Apartment building" means a building containing three or more dwelling units. "Apartment development" means two or more apartment buildings one property or owned or managed as a single development. "Automotive service souvace station defined by he ning ya. automotive "Building Inspector" means a Chief Building Official his designated the Build of Taper Day and tepresentative. "Canopy" means that portion of a building which projects for the purpose of giving cover at an entrance and which may or may not have signs thereon. "Commercial building" means a commercial uses "Commercial" Corner automotive service station" means an automotiv ervice station on property located at the intersectio of two or more streets. "Corner building" means a building on property located at the intersection of two or more streets. "Corporation" means the Corporation of the City of Thunder Bay.  "Dwelling unit" means a dwelling unit as defined by the Zoning By-law. "Emergency response personnel" means ambulance attendants, paramedios firefighters or similar respons personnel. "Frontage" means the measurement of a property abutting a street line. i Future Development zone as defined and designated by the turning veronent Zone" means "Industrial Zone" includes "Industrial" in By-law shall also designated by the Zoning By-law. "Institutional Zone" includes any zone that has the work "Institutional" In the zone title as defined and designated by the Zoning By-law. "Licence By-law" means The Board of Commissioners of Police for The Corporation of the City of Thunder Bay By-law Number PC23-1983 amended or any by-law enacted in substitution therefore. "Marquee" shall mean an attachment to a building which projects for the usual purpose of giving cover and which may or may not have advertising signs thereon. "Open Space Zone" means an open Space Zone as designated by the Zoning By-law. "Property line" means a line dividing one property from another property. Residential Estate Zone" means a Residential Estat one as designated by the Zoning By-law 'Residential Zone" includes any zone that has the worr "Residential" in the zone title, as defined and designated by the Zoning By-law. "Ruxal Residential Zone" means a Rural Area Zone as designated by the Zoning By-law. "Shopping centre" means a shopping centre as defined by the Zoning By-law. "Sidewalk" means a public sidewalk and shall not include a sidewalk located on private property. other component parts, which is used or being used to attract other than itself, or advertising purposes. "Sign, Bench" means any sign that is painted, placed or attached to a bench. "Sign, Cartop" means any sign that is displayed on top of a vehicle.  "Sign, Encroaching" means any sign which hangs encroaches upon any street and includes any device used support for such sign. "Sign, Ground" means a sign directly supported by the ground without the aid of any other building structure, other than the sign structure. "Sign, Identitication" means a sign, including or in part, only the name, address elephone numbe of the premises, including any insignia rolated thereto, plus the name, and telephone of the over and/or manager of the premises. "Sign, Mobile" means a sign not excecding 6.1 square metres in area and 3.0 metres in beight and situated on the ground but not permanently affixed thereto Without restricting the generality of the foregoing, deemed to include signs that may be moved from place to place. Mobile billboard" means a sign greater in area Elan square metres or exceeding 3.0 height and situated on the ground but not permanently allixed thereto and without of the foregoing, be deemed restricting the generality to include signs that may be moved from place to place. "sign, No trespassing" means limiting or regulating entry a sign prohibiting, or activities on the property. "Sign, Projecting" means perpendicular to the main vall of "Sign, · signs: public information" means any of the following - a) sign erected by or for a government agency: - b) signs designating public hospitals, churches, · schools operated by a public school board or ecclesiastical. authority other than a nursery school, a public library, communiLy centeo or acena or other government: - c) signs stadia or playgrounds for use as erected in pall timers provided such signe scorchoards or do not advertising other than the name and/or insignia of the donor and provided that the non-scoreboard or non-timer area of any such sign is not greater than one quarter of the total sign area. "Sign, Real estate" means a sign advertising the sale or rental of property upon which the sign is located. "Sign, Roof" means a sign which is located entirely on or above the main roof of a building or located entirely above a parapel: of a building. "Sign, l'emporary Open llouse" weans sign advertising house being conducted at a property being offered for sale or rent. "Sign, Transit shelter" means displayed anon within taransit shelter. advertising sign  "sign, Wall" means a sign entirely supported. by or face of a building structure, component menace comprising tact sala "Sign area" thereof on the me surface nor sures are stating the border and frame, and where there is no borde shall include all area of the surfaces lying wit the extremities of the sign. "Sign face" means that portion of the sign, excluding through structue sage of he sights i agated. against or ground no ghe mop on the sigh List he boner or ground to the top frame where applicable. and which road of other public right of way including but does not include a private lane. "Street, residential" means a street within a Residential Zone. "Street line" means street. a line dividing a property from a 'Zoning By-law" means City of Thunder Bay Zoning By-lar 177-1983 as amended or any by-law enacțed in substitution therefore. ## SECTION 3.- EXCEPTIONS WITH RESPECT TO LOCATION AND SAFETY - 3.1 The provisions of this By-law shall not apply to: - (a) A public information sign. - (b) including an entrance, - (c) Maintenance or repairs using materials identical to the materials of the component being maintained or repaired. - (d) exceed 1.0 square metres. - (e) m tres ill area stating the exce di the buser ce contractors, such sign shall be removed within six (6) months of first occupancy. :  - (f) or lettering attached to or painted directly provided that such vehicle, is not · being used mainly for sign purposes at any location at which such sign may not otherwise be permitted. - (9) sheiter bench signs, waste container signs or advertising objects where such are erected or displayed under separate agreement with the Corporation. - (h) Cartop signs where such are erected or displayed in accordance with the Licence By-law. - (9) or advertising device that is lawfully erected or displayed on the day the by-law into force, the sign or advertising device is not substantially altered, and the maintenance and of the sign or advertising change in the message displayed shall be deemed not it itself to constitute an alteration. ## SECTION 4 - PERMITS - 4.1 a) No person shall erect, display, alter or repair o allow the erection, alteration or repai: of any sign within First obtaining a parast here at Bay witout - b) A change in the message displayed on the sign does not constitute an alteration so as to require a permit. - No person shall erect, display, alter or repair a sign part thereof except in accordance with: - a) this By-law; and - ·b) the plans, drawings and specifications on the asis of which a permit has been issued; and - c) the applicable provisions of the ontario Building Code. - The application for the permit shall be accompanied by the foilowing information filed in duplicate: - (a) completed drawings and specifications of the sign and the supporting framework; and - doors, windows, and other existing signs on the - (c) site plans to scale indicating the location of the proposed sign the site, street lines and other boundaries of the property and the location of the building thereon. - The fee for a required inspection and approval of plans shall be set out in Schedule "A" attached hereto. - 4.4 A permit may be refused for any sign that If erected or displayed, would be contrary to the provisions o any By-law of the Corporation.  ## SECTION 5 - GENERAL REGULATIONS AND PROHIBITIONS - the distance between and the street or property line is less than 0.6 metres, wall sign may be permitted, provided that the wall sign projects no more than 0.25 metres from the building. - 5.1 (a) Except otherwise expressly permitted or By-law, erected, displayed, altered or repaired so as to be closer than 0.3 metres to any street or property line. - No sign shall be erected, displayed, altered or repairin any location where it directly obstructs sign, signal or device. the view of, or is confused with, any trattle - 5.4 No sign or a sign lighting fixture or other device ated with which projects over a sidewalk or other public pedestrian walk shall be located lower than 3.5 metres above the surface of the sidewalk other public pedestrian walk. - No sign shall be erected, displayed, altered or repaired in such a manner as to materially impede the view of any driveway, street or highway intersection, or Laneto materially impede the view of intersection of the street or highway with a railroad crossing. - 5.5 No sign shall be erected, displayed, altered or repaired sa as to prevent or impede free access by emergency response personnel to any part of a building. - 5.7 Every sign shall be kept in good repair and safe secure condition so as not to endanger the safety o persons or property at all times. - 5.6 Illuminated signs shall be erected, displayed, altered or repaired so as to divert light away from an adjacent premises and street. - 5.8 Where a sign is not constructed of galvanized or corrosion resistant material, it shall be maintained in a painted condition and clean of rust. - 5.10 Nothing in this By-law shall permit a sign to be erected, displayed altered or repaired where such is specifically prohibited by the zoning By-law. - Every sign for which a permit is required shall be subject to an inspection by the Building Inspector when completed. - 5.11 Anych le no Long operating or a service va eats no longer being offered, must be removed within 60 days of the discontinuance of such business or service. - 5.12 Except where otherwise expressly permitted in thi By-law, no ign or any part thereof is permitted to l · erected displayed upon or encroach onto or over any property owned by the City of Thunder Bay.  ## SECTION 6 - TEMPORARY OPEN HOUSE REAL ESTATE SIGNS - 6.1 emporary open house real estate on player ton rithout a permit and may be erected road allowance provided that: - (a) the sign does not interfere with the use of the street or sidewalk; and - the sign is displayed only during the actual times of the open house; and - (c) the area of the sign shall not exceed 0.4 square metres per side and the height shall not exceed 0.75 metres. ## SECTION 7 - MOBILE SIGNS AND MOBILE BILLBOARD SIGNS - 7.1 No person shall erect aisplayed. display, alter or repair or cause erected, altered or repaired, any mobile sign or mobile billboard sign unless: - (a) an application for permit therefor has been submitted to the Building Services Office and such application has been endorsed by the person for whom OI on whose behalf the sign. is proposed to be installed, erected or displayed, or by such person's agent; and - a permit has been issued and is valid for the date ox dates upon which such sign is displayed; and - (c) such sign is displayed within thirty days of the date of issuance of such permit. - No permit shall be issued to permit a mobile sign o mobile billboard sign to be displayed or any one property for a period of less than one month or for a consecutive number of days longer than four months or for a cumulative period of more than eight months ir any calendar year provided, however, that for the purposes of this clause, each commercial tenant of a multi-occupancy commercial building shall be deemed to occupy separate property. - 7.3 mobile sign or mobile have permanently affixed thereto in a readily tifiable location, the name and current business telephone number of the owner of such sign. - 7.4 alter mobile song or mobie bidd sign won or repair a - (a) is closer than 5.0 metres to the intersection of two street lines; or - (b) is closer than 1 metre to any property line. - No person shall erect, any property except where the property has a frontage greater than 50 metres, in which case. one mobile or mobile billboard sign for every 50 metres frontage or part thereof may be permitted. In no case  shall a mobile sign or mobile billboard sign be erected or displayed closer than 5 metres to another mobile mobile billboard displayed on the same or anothex areaty!" - Notwithstanding any other provisions of this By-law, no mobile sign or mobile billboard sign shall be erected or displayed on any public road allowance. ## SECTION 8 - SIGNS IN RESIDENTIAL, RURAL RESIDENTIAL AND OPEN SPACE ZONES - No person shall erect, display, alter or repair or permit a in a Residential, Rural Residential or Open Space Zone, save and except the following: - (a) Real estate signs exceeding 1.0 square metre in area but not exceeding 4.6 square metres in area are permitted in Rural Residential, Residential Estate and Open Space Zones only. - (b) One sign not exceeding 0.19 square metres in area, indicating a business, profession lawfully conducted upon the property. occupation - (c) sign not exceling tod it as resone sign not exceeding in area advertising farm products or produced the premises. - (d) ne identification sign having a maximu area of i o sauare metres is permitted for a golf course located upon the same property and where such golf course abuts more than one street an additional sign may be permitted for each additional street frontage. - (e) one identification wall sign not exceeding 3.0 square metres is permitted upon apartment building. - (f) one identification ground sign not exceeding 3.0 square metres is vermitted at an apartment development and where such development abuts more than one street, two such signs are permitted. - (9) One non-illuminated ground sign not exceeding 60 square metres area and 9 metres in height, advertising a lawful business conducted at another Location, shall be permitted on each property ir an open Rural Residential Zone or Residential Estate metres to any displayed on the same or another property. - 8.2 One mobile sign is permitted in a residential zone for less than one week to announce a birth, anniversary or similar personal event provided that such sign shall not be illuminated between the hours of ## SECTION 9 - SIGNS IN COMMERCIAL ZONES - 9.1 No person shall erect, display, alter or repair or  permit a sign in a Commercial zone save and except the following: - (a) roof signs not exceeding 10 square metres may be on the roof of a commercial building. more than one such sign shall be erected property. Where two such signs are to back on a single supporting structure, they are deemed to be one sign for the purpose of this section. - (b) The following ground signs are permitted: - 1) On vacant land, ground signs having a maximum 24/2 50 square metres and maximum height of 7.5 metres: - li) Ground signs having a maximum height of 7.5 retres and a maximum advertising area of 24. square metres. - iii) At shopping centres, one ground sign advertising a lawful business or service conducted, or product sold within the building or upon the premises, such sign to have a maximum advertising area of 24 square metres and a maximum height of 7.5 metres, provided however, that in the case of a shopping centre having frontage totaling not less than 200 metres in length, two such ground signs are permitted and such signs may have a maximum advertising area of 46 square metres per sign and a maximum height of 14 metres. - iv) A sign not exceeding 1.1 square metres in area is permitted upon a public parking lot provided that such sign shall be related exclusively to the use carried on therein. - (c) Wal1, projecting, marquee and canopy signs are permitted on the exterior of commercial building provided that the total area of all such signs on any part of a commercial building shall not exceed 23.2 square metres except that on the side of a corner building facing a residential street a wall sign shall not exceed a maximum area of 4.7 square metres; provided, in a case of a commercial building erected on a lot having a frontage greater than 15 metres, the total area of all such signs fronting on the commercial street may be increased on a pro-rata basis in accordance with the amount that the frontage exceeds 15 metres. ## SECTION 10 - SIGNS IN INDUSTRIAL, INSTITUTIONAL AND FUTURE DEVELOPMENT ZONES - alter or repair or 10.1 No person shall erect, display, astitutional or Future permit a sign in an Industrial, Development Zone save and except the following: - (a) Roof signs not exceeding 10 square metres. - (b) The following ground signs are permitted: - i) Ground signs having a maximum area of 50 square metres and a maximum height of 7.5 metres are permitted on vacant land, and if  ii) - illuminated, they shall be so constructed and located as to divert light away from adjacent streets and residential zones. - One ground sign having a maximum area of 7.6 square metres and maximum height of 7.5 metres is permitted on any lot developed and used by buildings permitted in an industrial zone. In the case of a building erected on a lot having a frontage greater than 45 metres, the maximum area of the sign may be increased on a pro-rata basis in accordance with the amount which the frontage exceeds 45 metres. - lii) A real estate sign exceeding 1.0 square metre area but not exceeding 4.6 square metres in area may be permitted on vacant land. - (c) Wall signs, the total area of which do not exceed 24 square metres, for the purpose of advertising a lawful business or service conducted or products manufactured or sold within the building, may be erected on walls of buildings. ## SECTION 11 - SIGNS AI AUTOMOTIVE SERVICE STATIONS - (a) At a corner automotive service station the following are permitted: - 11.1 No person shall erect, alter or repair or permit a sign, identification dition letters or advertising devices at automotive service station, save and except the following: - i) One roof sign not exceeding 10 square metres. - square iii) located between such signs the building to be located at least 7 metres the point of intersection of the two street lines, and in the case where such street lines meet on a curve, the signs shall be at Least u metres distance from the mid-point of - ii) wall signs on the lot dinging es on elevations square facing a street, metres each and signs notched ted tale meta. of all suci - each not iv) - (b) All other autonotive service stations: - one roof sign not exceeding 10 square metres. i). - ii) street, not to - iii) one ground sign not exceeding 10 square metres in area, located between the building  and the street line, such sign to be located not less than 3 metres from the side lot line when such lot line is adjacent to a residential zone. - Two ground signs, maximum area of each not exceeding 5 square metres, may be located in a rear yard or side yard. ## SECTION 12 - NON-CONFORMING SIGNS AND UNLAWFUL SIGNS - 12.1 Whenever a Building Inspector or Municipal Law Enforcement officer in violation of any provisions of this by-law, or he may, by registered mail by personal service, give a written Notice of Violation to occupant and/or the owner of the sign, reguiring them or either of them to make such sign comply with this By-law within 14 days of the issuance of such Notice. ## 12.2 A person who, - hate red or repaired Without rect having meaned a permit to do so; or - (b) having obtained a permit has caused a sign to be erected, displayed, altered or repaired contrary to the approved plans in respect of which the permit was issued; or - (a) has caused a sign to be erected displayed, tered or repaired contrary to this By-law, shall make such sign comply with the provisions of this sign within. 14 days of the issuance of a written Notice of Violation. - 12.3 Despite any other provisions of this section, if upon inspection by a Building Inspector or Municipal Law Enforcement Officer, the Inspector or Officer is satisfied there is non-conformity with this By-law to such extent as to pose an immediate danger to the health safety of any person, the Building Inspector or Municipal Law Enforcement Officer may issue the Notice of Violation verbally and may require the work to be done forthwith to terminate the danger. - 12.4 If a Notice issued under section 12.1 or section 12:3 is not complied with, the Corporation may pull down and remove the sign or cause it to be pulled down and · removed, at the expense of the owner of the sign. - 125 ten the at not so removed shall be stored by the Corporation period of not less than 30 days, during which time the sian owner or his agent is entitled to redeem the sign upon receipt by the Treasurer of the Corporation of sufficient funds to cover the cost incurred by the Corporation in the removal and storage of the sign.. - 2.6 Where the Corporation has proceeded under Section 12.4 invoice for anv costs incurred, togethe with a certificate by the Treasurer indicating that: - the invoice has been sent to the person liable to the same; and  - 11). no payment or Insufficient \_payment has beer received for the invoice; and - iii) payment for the invoice is overdue; ## SECTION 13 - APPEAL FOR A SIGN VARIANCE - 13.1 The Corporation recognizes that there may be exceptions o the rule and an appeal to the Council of the Corpor ation may be made for minor variances to this By-law. - 13.2 An ape city one a ring anana corn ded to the city Clerk, in writing, such variance and be accompanied by the required locuments as set out in Section 4.3. SECTION 14 - 'A' - SPECIAL REGULATIONS TO COVER SIGN ERECTION ALONG BALMORAL AVENUE BETWEEN MCINTYRE RIVER AND OLIVER ROAD - 4.1 The provisions of this Part shall apply to all land: abutting on Balmoral Street between the McIntyre River and Oliver Road. - 14.2 The provisions of this Part shall prevail over the remaining provisions of this by-law in respect of the lands to provisions of this by-law shall apply to the lands. - The message solely carried by a ground sign shall relate to the use of the property upon which it is located. - 14.5 No ground signs shall be located less than 1.5 metres from the property line adjacent to Balmoral street nor less than 1.5 metres from any side property line. 14. face sal cooted with combust le constructed with or a sign ay be of con bebte material and 1mhu inc The face ated but shall not be rotating. - maximum height shall be 45 centimetres. - 14.8 Azanes With co bust be of norted stine caning able shall consist of not more than 9.3 square metres total area. - 14.9 No wall sign shall be illuminated externally.  ## SECTION 15 - PENALTY - 15.1 Any person violating any of the provisions of this By-law is guilty of an offence and shall be subject to. a penalty of not more than Iwo Thousand Dollars ($2,000. 00), exclusive of costs, and all such penalties shall be recoverable under The Provincial Offences Act. ## SECTION 16 - EFFECTIVE DATE - 16.1 By-law Number 60-1970 of The Corporation of the City of Thunder Bay and amendments thereto are hereby repealed. - 16.2 This By-law shall come into force and take effect upon the final passing thereof.    nacted and Passed this 25 day of nd the hands of its proper Offlcer May , A.D. 199.2, as witnessed by the Seal of the Corporation Karao DOok Read a First time this 25K Read a Second time this.. 2.5.* Read a Third time and finally passed this. 2.544 . day of ... day of . day of May Брау. A.D., 19.9.2. ..A.D. 19.12.  ## Encroaching Signs - a) annual greater of face. $50.00 encroaching sign shall be the $2.50 per square metre of sign - b) Every permit for an encroaching sign shall be for a period of one year beginning with the first day January and expiring on the 31st day of December. - c) encroaching sign that continues in existence after the expiry date shall be subject to a renewal of licence at the rate prescribed in paragraph a). ## Mobile and Mobile Billboard signs - a) The fee for inspection and approval of a mobile sign or mobile billboard sign shall be: 2. Every permit for a mobile sign or mobile billboard sign specify the date or dates and the · location upon the sign may be displayed and shall not be valia for any other time or location. Mobile Sign $20.00 Mobile Billboard Sign 50.00 ## All Other Signs - a) The fee for inspection and approval of all other signs the greater of $20.00 or $2.50 per square metre of sign face.