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FEBRUARY 20, 2018
OFFICE CONSOLIDATION
BY-LAW NUMBER 2005-21,
AS AMENDED
THE SIGN BY-LAW
TABLE OF CONTENTS
SECTION 1 - SHORT TITLE ........................................................................................................................ 2
SECTION 2 - SCOPE ................................................................................................................................... 2
2.4. - By-law Exemptions ................................................................................................................. 2
2.5. - Other Authorities ..................................................................................................................... 3
SECTION 3 - DEFINITIONS ......................................................................................................................... 3
SECTION 4 - GENERAL PROVISIONS ..................................................................................................... 11
4.1. - General Regulations Applicable to All SIGNS ...................................................................... 11
4.2. - General Prohibition of SIGNS ............................................................................................... 11
4.3. - General Location Restrictions for Public Health and Safety ................................................. 12
4.4. - General Restrictions for Reducing Public Nuisance ............................................................. 13
SECTION 5 - PERMITS AND FEES ........................................................................................................... 13
5.1. - PERMIT Requirements ......................................................................................................... 13
5.2. - PERMIT Fees ....................................................................................................................... 15
5.3. - PERMIT Exemptions............................................................................................................. 15
SECTION 6 - SIGNS ON RESIDENTIAL LANDS ...................................................................................... 16
6.1. - SIGNS on RESIDENTIAL ONLY LANDS ............................................................................. 16
6.2. - SIGNS on MIXED USE LANDS ............................................................................................ 17
SECTION 7 - PROVISIONS FOR TYPES OF SIGNS ................................................................................ 17
Specific Provisions for SIGNS Described as Permanent......................................................... 17
7.3. - GROUND SIGNS .................................................................................................................. 17
7.4. - WALL and CANOPY SIGNS ................................................................................................. 18
7.5. - PROJECTING SIGNS .......................................................................................................... 19
7.6. - BILLBOARD SIGN ................................................................................................................ 20
Specific Provisions for SIGNS Described as TEMPORARY .................................................... 20
7.7. - MOBILE SIGNS .................................................................................................................... 20
7.8. - PORTABLE SIGNS............................................................................................................... 21
7.9. - SIGNS Anchored in Shallow Ground Without Foundation ................................................... 21
7.10. - FABRIC SIGNS................................................................................................................... 22
7.11. - POSTER ............................................................................................................................. 22
7.12. - Other TEMPORARY SIGNS ............................................................................................... 23
Specific Provisions for SIGNS Described by Use .................................................................... 23
7.13. - SUBDIVISION DEVELOPMENT SIGNS ............................................................................ 23
7.14. - SUBDIVISION IDENTIFICATION SIGN ............................................................................. 24
7.15. - REAL ESTATE SIGNS ....................................................................................................... 24
7.16. - ELECTION SIGNS .............................................................................................................. 25
ii
7.17. - CONSTRUCTION SITE SIGNS .......................................................................................... 26
7.18. - FARM SIGNS ...................................................................................................................... 26
7.19. - THIRD PARTY SIGNS ........................................................................................................ 27
7.20. - SPECIAL EVENT SIGNS ................................................................................................... 27
7.21. - WINDOW SIGNS ................................................................................................................ 27
7.22. - ON-SITE DIRECTIONAL SIGNS ........................................................................................ 27
7.23. - ADULT ENTERTAINMENT SIGNS .................................................................................... 27
7.24. - PUMP ISLAND .................................................................................................................... 28
7.25. - OFFICIAL SIGN .................................................................................................................. 28
7.26. - SMALL INCIDENTAL SIGNS ............................................................................................. 28
7.27. - MENU BOARDS ................................................................................................................. 28
SECTION 8 - SIGNS ON CITY/PUBLIC PROPERTY ................................................................................ 28
8.1. - General Provisions................................................................................................................ 28
8.2. - POSTER ............................................................................................................................... 29
8.3. - OPEN HOUSE DIRECTIONAL SIGNS, GARAGE/YARD SALE DIRECTIONAL SIGNS, Etc.
....................................................................................................................................................... 30
8.4. - BOULEVARD DIRECTIONAL SIGNS .................................................................................. 30
8.5. - PORTABLE SIGNS/Sidewalk Sandwich Boards .................................................................. 31
8.7. - SPECIAL EVENT SIGN ........................................................................................................ 31
8.8. - BANNER SIGNS ................................................................................................................... 32
8.9. - Encroaching SIGNS .............................................................................................................. 32
SECTION 9 - MAINTENANCE OF SIGNS ................................................................................................. 32
SECTION 10 - MINOR VARIANCES .......................................................................................................... 32
SECTION 11 - REMOVAL AND REPAIR OF SIGNS ................................................................................ 33
SECTION 12 - ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS .................................. 33
SECTION 13 - PENALTIES ........................................................................................................................ 34
SECTION 14 - SCHEDULES ...................................................................................................................... 34
SECTION 15 - VALIDITY ............................................................................................................................ 34
SECTION 16 - REPEAL OF OTHER BY-LAWS ........................................................................................ 34
SECTION 17 - EFFECTIVE DATE ............................................................................................................. 34
SCHEDULE 'A' - FEES FOR SIGN PERMIT APPLICATION ..................................................................... 36
SCHEDULE 'B' - DESIGNATED POSTERING LOCATIONS ..................................................................... 37
SCHEDULE 'C' - TYPES OF SIGN STRUCTURES AND SIGN USES ...................................................... 38
SCHEDULE 'D' - FEES FOR SIGN VARIANCE APPLICATION ................................................................ 39
1
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2005-21
BEING A BY-LAW FOR PROHIBITING AND REGULATING THE
ERECTION OF SIGNS AND OTHER ADVERTISING DEVICES
AND TO REPEAL BY-LAW 994, 1003, 1623, 1711, 1797, 2016,
2446, 2789, 2790, 2845 AND 2890
WHEREAS Section 11.(2) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides that by-laws may be passed by a lower-tier municipality for structures including fences
and signs;
AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides for the interpretation and scope of by-law making powers, including providing for a
system of licenses, permits, approvals or registrations for the regulated matter;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides that a local municipality may prohibit and regulate with respect to public nuisances,
including matters that, in the opinion of Council, are, or could become, or cause public nuisances;
AND WHEREAS Section 130 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides that a municipality may regulate matters not specifically provided for by the Municipal
Act or any other Act for purposes related to the health, safety and well-being of the inhabitants of the
municipality;
AND WHEREAS Section 99 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides that a municipality has specific powers to regulate signs and advertising devices;
AND WHEREAS Section 427 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides that where a municipality has the authority by by-law to direct or require that a matter
or thing be done, the municipality may, in the same or another by-law, direct that, in default of it being
done by the person directed or required to do so, such matter or thing shall be done at the person's
expense and the municipality may recover the costs by action or by adding the costs to the tax roll and
collecting them in the same manner as taxes;
AND WHEREAS it is the desire of the Council of The Corporation of the City of Welland
to regulate signs and advertising devises with a view to ensuring the safety of the public with respect to
the erection, location, size and occurrence of such signs and advertising devices;
AND WHEREAS temporary signs and advertising devices, including posters on public
utility poles, mobile signs, portable signs and other such temporary advertising devices, which were
erected or displayed on the day this by-law comes into force, and which do not comply with the provisions
2
of this by-law, are, in the opinion of the Council of The Corporation of the City of Welland, deemed
nuisances and safety matters requiring regulation;
AND WHEREAS all signs and advertising devices which were erected or displayed on
the day this by-law comes into force without the benefit of a Sign Permit issued at the time of erection,
where such permit was required, are unlawful and must comply with this by-law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
WELLAND ENACTS AS FOLLOWS:
SECTION 1
SHORT TITLE
1.1.
This by-law may be cited as "The SIGN By-law".
SECTION 2
SCOPE
2.1.
The provisions of this by-law shall regulate the erection, location, re-location,
construction, substantial alteration, and the re-sizing or replacement of the SIGN or SIGN
STRUCTURE for SIGNS and ADVERTISING DEVICES within the limits of the
Corporation of the CITY of Welland. (By-law 2018-16)
2.2.
A change in the message displayed, except for ADULT ENTERTAINMENT SIGNS, or the
regular maintenance and repair of SIGNS or ADVERTISING DEVICES does not in itself
constitute an alteration.
2.3.
Where this by-law limits the number and spacing of a type of SIGN on a LOT, the limit
shall include all existing SIGNS of such type on the LOT, including those erected on the
day this by-law comes into force, when consideration is given to erecting a new SIGN.
2.4.
By-law Exemptions
2.4.1.
Notwithstanding Subsection 2.1 of this by-law, this by-law does not apply to a
PERMANENT SIGN that was lawfully erected or displayed prior to the passing of this by-
law, if the SIGN is not substantially altered. This exemption does not apply to a
TEMPORARY SIGN.
2.4.2.
SIGNS erected with direct relevance to their pubic mandate, by or for the Federal
Government of Canada, the Province of Ontario, the Regional Municipality of Niagara,
the CITY of Welland, any school board or college identified in the Zoning By-laws of the
CITY, the Niagara Health Services, or any local board as defined in the Municipal Act are
exempt from this by-law, however such SIGNS requiring professional design by the
Building Code shall require a PERMIT and must comply with the Building Code.
3
2.4.3.
Notwithstanding Clause 2.4.2 of this by-law, TEMPORARY SIGNS erected on lands
owned or leased by an entity defined therein shall comply with this by-law.
2.4.4.
Picket SIGNS and other SIGNS carried or displayed on one's PERSON are exempt from
this by-law.
2.4.5.
A SIGN painted on, or that appears to be painted on, a plated vehicle having a valid
vehicle permit and actually used as a vehicle is exempt from this by-law, with the
exception of an ADULT ENTERTAINMENT SIGN, which is not permitted on a vehicle.
(By-law 2006-161, 2007-13, 2018-16)
2.4.6.
Nothing in this by-law shall regulate the display of the Canadian Flag, the Ontario Flag, or
the municipal flags.
2.4.7.
A SIGN on a CITY bus shelter and a bench SIGN authorized by agreement or contract
with the CITY is exempt from this by-law.
2.4.8.
Except for a WINDOW SIGN and an ADULT ENTERTAINMENT SIGN, a SIGN located
within the interior of a building is exempt from this by-law. (By-law 2006-161)
2.4.9.
Notwithstanding Clauses 2.4.1. and 2.4.2. of this by-law, SIGNS erected wholly or partly
on CITY PROPERTY may be required to comply with this by-law, if the City Manager, the
GENERAL MANAGER of Engineering, Public Works/Transportation Services, the
GENERAL MANAGER of Parks/Recreation, or COUNCIL determines such compliance is
in the best interest of the municipality. (By-law 2006-161)
2.4.10.
The 3.66 metre (12') by 3.66 metre (12') located at 200 Buchner Road is exempt from
this by-law. (By-law 2018-44)
2.5.
Other Authorities
2.5.1.
Nothing in this by-law shall limit the validity and effect of The Regional Municipality of
Niagara SIGN By-law and the regulations of the Ministry of Transportation.
2.5.2.
Deleted in its entirety. (By-law 2018-16)
2.5.3.
SECTION 3
DEFINITIONS
3.1.
In this by-law,
3.1.1.
"1" denotes a Section of this by-law.
3.1.2.
"1.1." denotes a Subsection of this by-law.
3.1.3.
"1.1.1." denotes a Clause of this by-law.
3.1.4.
"(a)" denotes a Subclause of this by-law.
4
3.2.
Definitions in the Zoning By-laws of the CITY shall be used with respect to matters
pertaining to land and land use and which are undefined in this by-law.
3.3.
Definitions in the Building Code Act and the Building Code shall be used with respect to
matters pertaining to buildings and signs which are undefined in this by-law.
3.4.
"Abandoned or Obsolete Sign" means a SIGN located on property which becomes vacant
and unoccupied for a period of ninety (90) days or more, or any SIGN which pertains to a
time, event or purpose which no longer applies.
3.5.
"Address Sign" means a SIGN depicting no other information except for the STREET
number, STREET name, OWNER'S name, and/or common name of the property on
which the SIGN is located.
3.6.
"Adult Entertainment Sign" means a SIGN that promotes or advertises goods,
entertainment, or services that are designed to appeal to erotic or sexual inclinations.
3.7.
"Advertising Device" means any device or object erected or located so as to attract public
attention to any goods or services or facilities or events and includes flags, BANNERS,
pennants and lights.
3.8.
"Applicant" means the APPLICANT for a PERMIT to ERECT a SIGN.
3.9.
"Banner" means a FABRIC SIGN which may be predominately one dimensional and may
be erected across a STREET, highway, road, or other place.
3.10.
"Billboard Sign" means a Third Party outdoor SIGN erected and maintained by a
PERSON engaged in the sale or rental of the space on the SIGN to a clientele, upon
which space is displayed copy that advertises goods, products, or services not
necessarily sold or offered on the property where the SIGN is located, and the SIGN is
either single faced or double faced.
3.11.
"Boulevard Directional Sign" means a SIGN on the CITY boulevard giving directions to
motorists and may be associated with a church or place of worship, but shall not be used
for a business, commercial or industrial purpose.
3.12.
"Canopy Sign" means a retractable or non-retractable building PERMANENT SIGN which
may be designed to provide shelter from sun, wind, rain, or other elements includes a
SIGN on a canopy, awning or marquee, which may or may not be supported by posts.
3.13.
"Chief Building Official" means the CHIEF BUILDING OFFICIAL appointed by the CITY
pursuant to the Building Code Act.
3.14.
"City" means The Corporation of the CITY of Welland.
5
3.15.
"City Property" means any property owned by the CITY including parkland, buildings and
lands, vacant land, pathways, STREETS, opened and unopened road allowances.
3.16.
"Community Bulletin Board or Kiosk" means a facility located on CITY, PUBLIC
PROPERTY, or private property and designated in Schedule "B" of this by-law upon
which SIGNS and POSTERS may be placed by members of the public.
3.17.
"Community Group" means a non-profit community group which meets the requirements
of the City Parks and Recreation Affiliation Policy.
3.18.
"Community Poster Sleeve" means a POSTER sleeve attached to a utility pole, light
standard or other pole or post on CITY or PUBLIC PROPERTY and designated in
Schedule "B" of this by-law upon which POSTERS may be placed by members of the
public.
3.19.
"Construction Site Sign" means a TEMPORARY SIGN which identifies or provides
information relating to or advertising the construction or alteration of a building in
progress on the premises for which the SIGN is erected, until such time as the work has
been finished or abandoned.
3.20.
"Council" means The Council of the Corporation of the CITY of Welland.
3.21.
"Development" has a meaning as defined in the Planning Act, as amended.
3.22.
"Directory Sign" means a SIGN listing the tenants of a multi-tenant building containing at
least two (2) distinct tenant units which SIGN includes only the municipal address and a
list of tenants or occupancies for identification purposes.
3.23.
"Election Sign" means a SIGN advertising, supporting or promoting the election of a
candidate or a political party for public office, or a question on a ballot with respect to a
federal, provincial, school or municipal election.
3.24.
"Erect" means anything done in the installation, placement, affixing, displaying or re-
location of a SIGN, and includes a substantial alteration such as the re-sizing or
replacement of the SIGN or SIGN STRUCTURE, but does not include regular
maintenance or a change in the message content, except where adult entertainment is
the subject matter. For purposes of this by-law, erect shall also mean to cause to erect.
3.25.
"Fabric Sign" means an ADVERTISING DEVICE which is a TEMPORARY SIGN
constructed of flexible material and which may be subject to movement caused by
atmospheric conditions, and includes canvas, film plastic, polyethylene, cloth or similar
lightweight non-rigid material, but does not include a PERMANENT SIGN constructed of
a flexible material supported by a rigid frame in a manner that the material is not subject
to movement.
6
3.26.
"ft" means feet and "sqft" means square feet.
3.27.
"Facade" means the entire exterior building wall facing one direction including a parapet.
3.28.
"Face" means the plane of the SIGN upon, against or through which the message of the
SIGN is exhibited.
3.29.
"Farm Sign" means a SIGN associated with and located on land devoted to the practice
of farming.
3.30.
"Frontage" means the length of STREET LINE abutting a legally accessible STREET.
For LOTS with FRONTAGE on more than one (1) STREET, and for corner lots, SIGN
calculations may be allocated on a SIGN per STREET basis.
3.31.
"Garage/Yard Sale Directional Sign" means a TEMPORARY SIGN advertising the sale of
personal merchandise associated with a private dwelling and offered for sale on the
premises of the private dwelling and includes any directional signage thereto.
3.32.
"General Manager" means the GENERAL MANAGER of a Department of the CITY, the
City Solicitor, or any PERSON reporting directly to the City Manager;
3.33.
"Grade" means the average elevation of the finished surface of the ground adjacent to
the SIGN but shall not include any artificial embankment or vegetation.
3.34.
"Ground Sign" means a PERMANENT SIGN directly supported from the ground by one
or more uprights, poles, braces, or located on structural base or foundation placed in or
upon the ground, which SIGN may include the name(s) of the OWNER(S) and/or
tenant(s) and address and may advertise goods, products, services or events that are
sold, offered, or provided on the premises on which the SIGN is located, and does not
include any other SIGN defined in this By-law.
3.35.
"Height" means the vertical distance from GRADE to the highest point of the SIGN and
includes any support structure or ornamental feature.
3.36.
"Inflatable Sign" means a FABRIC SIGN or ADVERTISING DEVICE filled with air or gas
and designed to be airborne and tethered to the ground, a vehicle or structure and shall
include balloons and any other inflatable ADVERTISING DEVICE.
3.37.
"Information Sign" means a SIGN for public safety or convenience regulating on-premise
traffic, parking or other functional subdivision of premises or a SIGN denoting sections of
a building and bearing no commercial advertising.
3.38.
"Interior Sign" means a SIGN not visible or intended to be seen from off the premises
upon which the SIGN is located.
7
3.39.
"Intersection" means the area embraced within the prolongation or connection of the
lateral curb lines or, if none, then of the lateral boundary lines of the pavement of two or
more highways that join one another at an angle, whether or not one highway crosses the
other.
3.40.
"Lot" has a meaning as defined in the Zoning By-law(s) of the CITY. A lot shall also
mean a parcel of land identified in a registered lease agreement as a separate entity
related to a separate and distinct building on the lands.
3.41.
"Lot Line" means any boundary of a LOT.
3.42.
"m" means metres and "sqm" means square metres.
3.43.
"Menu Board Sign" means a SIGN used in conjunction with a drive-through facility and
used to display and order products and services available at the drive-through business.
3.44.
"Mixed Use Lands" means a LOT legally used for residential and non-residential uses.
3.45.
"Mobile Sign" means a TEMPORARY SIGN with a SIGN AREA greater than 1.2 SQM
which is designed, intended or capable of being readily moved from one location to
another, is usually built on a trailer or other solid framework and which does not rely on a
building or fixed foundation for its structural support but does not include a PORTABLE
SIGN.
3.46.
"Municipal Law Enforcement Officer" means a Law Enforcement Officer appointed by the
CITY for enforcement of its regulatory by-laws or the CHIEF BUILDING OFFICIAL or an
Inspector or Officer appointed under the Building Code Act;
3.47.
"Official Sign" means a SIGN erected by an entity identified in Clause 2.4.2 of this by-law
or privately by an OWNER who is required to ERECT such SIGN by an entity described
in Clause 2.4.2 of this by-law.
3.48.
"On-Site Directional Sign" means any on-premises SIGN which give directions or
instructions for the control of vehicular or pedestrian traffic and shall include an entry and
exit SIGN.
3.49.
"Open House Directional Sign" means a TEMPORARY PORTABLE SIGN intended to
direct traffic to a residence for sale or lease, but shall not include a SUBDIVISION
DEVELOPMENT SIGN.
3.50.
"Owner" means the SIGN OWNER, building or property OWNER or other PERSON in
control of the SIGN, building or property upon which the subject SIGN is erected.
3.51.
"Permanent Sign" means a SIGN designed and erected in a manner that it may remain
fixed in the same location throughout the life of its structure, is not capable of being
8
readily moved and does not include a MOBILE SIGN, PORTABLE SIGN, POSTER or
other TEMPORARY SIGNS. A PERMANENT SIGN is attached to a building with screws
or fasteners or to the ground with foundations or significant depth in a manner that its
removal requires special tools and effort.
3.52.
"Permit" means written permission or written authorization from the City Engineer or
his/her designate to ERECT a SIGN in accordance with this by-law. (By-law 2009-130)
3.53.
"Person" means an individual, business, firm, corporation, association, partnership or
entity.
3.54.
"Portable Sign" means a TEMPORARY SIGN with a SIGN AREA less than or equal to
1.2 SQM (12.9 SQFT) which is designed to rest temporarily on the ground or on an object
and is not affixed or attached thereto, and which can be moved from place to place, and
shall include SIGNS commonly referred to as sandwich board, A-frame, T-frame, and
MENU BOARD but does not include a MOBILE SIGN.
3.55.
"Poster or Poster Sign" means a TEMPORARY SIGN which is a printed notice generally
made of cardboard, plastic, fibreboard, paper or similar flexible material, conveying
information intended to be displayed for a short period of time and includes, but is not
limited to a bill, handbill, leaflet, notice or placard.
3.56.
"Pre-Menu Board" means a SIGN erected as part of a drive-through facility and used only
to display products and services available at the drive-through business.
3.57.
"Projecting Sign" means a SIGN which is supported by a building and projects out
horizontally from the building at an angle.
3.57.1.
"Property Management Sign" means a SIGN that advertises a building, property or
premises is under the care and control of a particular company responsible for the daily
operations and oversight where the property owner does not reside. (By-law 2016-174)
3.58.
"Public Property" means property owned or leased by an entity described in Clause 2.4.2
of this by-law.
3.59.
"Pump Island Sign" means a SIGN on top of gasoline service pumps or on the columns
of a gas bar canopy, on guard posts or freestanding on a gasoline pump apron.
3.60.
"Readograph" means that part of a PERMANENT SIGN composed of changeable letters
intended to convey a TEMPORARY message and which is designed or constructed so
that the message on the SIGN may be easily changed and rearranged mechanically or
as part of an ELECTRONIC MESSAGE DISPLAY.
9
3.61.
"Real Estate Sign" means a TEMPORARY SIGN that advertises a building, property or
premises for sale, lease or rent, but shall not include an OPEN HOUSE DIRECTIONAL
SIGN.
3.62.
"Residential Only Lands" means a LOT legally used for residential use(s) only, but
excluding a LOT with mixed residential uses such as farmland with an associated
dwelling unit. (By-law 2008-51)
3.63.
"Roof Sign" means any SIGN which is supported entirely or partly by the roof of a
building or structure and which SIGN projects above the roof, eave or parapet of the
building.
3.64.
"Shopping Centre" has a meaning as defined in the Zoning By-law(s).
3.65.
"Sign" means any surface, structure and other component parts, which is used, or is
capable of being used, as a visual medium or display to attract attention to a specific
subject matter or matters, other than itself, for identification, information, or advertising
purposes, and includes an ADVERTISING DEVICE or notice.
3.66.
"Sign Area" means the entire area of the surface of a SIGN FACE including the border
and frame and where a SIGN is not bounded or enclosed within a distinct area or frame,
or the SIGN is composed of individually installed letters, numerals or shapes, the area
shall be that of the smallest polygon containing a maximum of eight (8) right angle sides
that encloses the grouping of letters, numerals, or shapes.
3.67.
"Sign Owner" means the OWNER or lessee of a SIGN, or his agent. Where there is no
OWNER, lessee or agent for a SIGN or such PERSON cannot be determined with
certainty, the SIGN OWNER shall be deemed to be the PERSON or business having the
use or major benefit of the SIGN, or if such PERSON or business is unknown, the SIGN
OWNER shall be deemed to be the registered OWNER of the land upon which the SIGN
is situated.
3.68.
"Sign Structure" means the supports, uprights, bracing and framework of a SIGN which is
resting on, or attached to, the ground, building or structure.
3.68.1.
"Sight Triangle" means an area on a corner LOT, and abutting a corner LOT, within the
triangular space formed by the two (2) adjacent curb lines and a line drawn from a point
in one curb line to a point in the other curb line, each such point being a distance of 'X'
metres measured along the curb line from the point of INTERSECTION of the curb lines.
The distance 'X' shall be 12.5 M for local roads, 15.0 M for collector roads, and 17.5 M for
arterial roads. If no curbs exist the edges of the traveled portions of the STREETS shall
be considered as curbs. (By-law 2006-161)
10
3.69.
"Special Event Sign" means a TEMPORARY SIGN promoting a public festival or
charitable event, or COMMUNITY GROUP and includes all ancillary SIGNS related
thereto such as directional SIGNS.
3.70.
"Special Occasion Sign" means a TEMPORARY SIGN erected for not more than two (2)
days to acknowledge or celebrate a special day such as a birthday or anniversary and
may include an ADVERTISING DEVICE.
3.71.
"Street" means a highway, road, or other public right-of-way as defined by "The Highway
Traffic Act" and "The Municipal Act" but does not include a private lane or an unopened
road allowance.
3.72.
"Street Line" means the boundary line that divides a LOT from a STREET.
3.73.
"Subdivision Development Sign" means a TEMPORARY SIGN that advertises only the
subdivision, condominium or other development in which the SIGN is located and not the
sale of LOTS or units elsewhere or the realtor's, developer's or landowner's business in
general. (By-law 2006-161)
3.74.
"Subdivision Identification Sign" means a PERMANENT SIGN that identifies the name
only of the subdivision in which it is erected.
3.75.
"Temporary Sign" means a SIGN which is not a PERMANENT SIGN and includes
MOBILE SIGNS, PORTABLE SIGNS, POSTERS, SIGNS anchored in shallow ground
without foundation, and SIGNS which are capable of being easily moved or re-located.
3.76.
"Third Party Sign" means a SIGN describing in any manner whatsoever one or more
products, services or things which are not made, provided, produced, assembled, sold or
stored on the LOT upon which the SIGN is erected.
3.77.
"Traffic and Parking Operations Manager" means the PERSON so designated by the
CITY.
3.78.
"Unsafe" means a condition which is structurally inadequate or faulty, or could be
hazardous to a pedestrian or motorist.
3.79.
Repealed by By-law 2006-161
3.80.
"Wall Sign" means a PERMANENT SIGN which is supported by a building exterior wall or
fascia and projects outwardly to a plane approximately parallel to the plane of the wall
and may include a CANOPY SIGN.
3.81.
"Window Sign" means a SIGN posted, painted, placed or affixed in or on a window, and
shall include a SIGN located in the interior of a building that faces a window and located
within 1 M (3.3 FT) of a window.
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SECTION 4
GENERAL PROVISIONS
4.1.
General Regulations Applicable to All SIGNS
4.1.1.
Except as permitted in Subsection 2.4 of this by-law, no PERSON shall ERECT or cause
to be erected a SIGN except in accordance with this by-law.
4.1.2.
Except as provided in Section 8 of this by-law, no PERSON shall ERECT or cause to be
erected a SIGN wholly or partly located on CITY PROPERTY or a STREET.
4.1.3.
Except as permitted in Section 5 of this by-law, no PERSON shall ERECT or cause to be
erected a SIGN without PERMIT.
4.1.4.
Every OWNER shall ensure the provisions of this by-law are complied with.
4.1.5.
Except for permitted Third Party and BILLBOARD SIGNS, no PERSON shall ERECT or
cause to be erected a SIGN unless the use of the SIGN is incidental and accessory to the
principal lawful use of the property.
4.1.6.
All SIGNS must comply with the Ontario Building Code requirements for SIGNS including
the requirements for structural design, professional design, plastic SIGN facing materials
and location restrictions specified therein.
4.1.7.
All SIGNS shall comply with this by-law in its entirety unless provided otherwise.
4.2.
General Prohibition of SIGNS
4.2.1.
No PERSON shall ERECT or cause to be erected any of the following SIGNS which are
hereby prohibited:
(a)
A SIGN not specifically described in this by-law.
(b)
A flashing or animated SIGN with a period of time of illumination or a period of
non-illumination of any part of the SIGN of less than 15 (fifteen) seconds, and
includes images or messages in motion, but does not include alpha-numeric text
moving horizontally in a right to left direction at constant speed. (By-law 2006-
161)
(c)
A SIGN which makes use of a word such as "Stop", "Look", "Yield", or any similar
word, phrase, symbol or character in such a manner as to tend to interfere with,
mislead or confuse a motorist and which is not erected by a public Road
Authority.
(d)
An ABANDONED OR OBSOLETE SIGN.
(e)
A SIGN on a vehicle or trailer when the vehicle or trailer is used primarily as a
SIGN, and not as a vehicle or trailer.
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(f)
A ROOF SIGN.
(g)
A SIGN which is UNSAFE.
(h)
A SIGN on a tree, bush or shrub.
(i)
Repealed by By-law 2006-161
(j)
A SIGN painted on a building wall, door or roof.
(k)
A SIGN on CITY PROPERTY, except as provided in Section 8 of this by-law.
(l)
A SIGN, erected on a fence or sound attenuation wall, except an ON-SITE
DIRECTIONAL SIGN, INFORMATION SIGN, OFFICIAL SIGN or REAL ESTATE
SIGN. (By-law 2006-161, 2018-16)
(m)
A SIGN which conveys indecent images or words.
(n)
A SIGN which displays the CITY of Welland logo unless approved in writing by
the CITY. (By-law 2007-13)
4.3.
General Location Restrictions for Public Health and Safety
4.3.1.
No PERSON shall ERECT or cause to be erected a SIGN as follows:
(a)
A moving, or revolving SIGN, greater than 0.5 SQM (5.4 SQFT) and located
within 15 M (49.2 FT) of a STREET.
(b)
A BANNER SIGN over a STREET unless the public Road Authority or COUNCIL
has given prior approval.
(c)
A SIGN horizontally painted, marked or inscribed on pavement.
(d)
A SIGN which impairs the visibility or safety of a pedestrian using a sidewalk at a
driveway, laneway or INTERSECTION crossing.
(e)
A SIGN which impairs the visibility of a motorist entering or leaving a property at
a vehicle access location.
(f)
A SIGN, which, in the opinion of the TRAFFIC AND PARKING OPERATIONS
MANAGER, may, by reason of size, location, content, colouring or manner of
illumination, obstruct or interfere with the visibility, safety or effectiveness of any
motorist or pedestrian.
(g)
A SIGN obstructing or interfering with the intended operation of any public utility,
traffic control, fire route, or building system.
(h)
A SIGN interfering with or obstructing the view of an OFFICIAL SIGN.
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(i)
A SIGN greater than 0.9 M (3.0 FT) in HEIGHT above the elevation of the
STREET traffic lane nearest the SIGN, and which SIGN is located within a
SIGHT TRIANGLE, unless such SIGN is supported by not more than two (2)
slender columns with the largest cross-sectional dimension not exceeding 0.3 M,
and the bottom of the SIGN face is located at least 3.65 M (12.0 FT) above the
elevation of the STREET traffic lane nearest the SIGN. (By-law 2006-161)
(j)
An exterior SIGN erected over any part of a sidewalk or walkway unless the
vertical distance, measured from the bottom of the overhanging portion of the
SIGN to the travelled surface is at least 2.4 M (7.9 FT).
4.4.
General Restrictions for Reducing Public Nuisance
4.4.1.
No PERSON shall ERECT or cause to be erected a SIGN as follows:
(a)
A SIGN with an illuminating light source not shielded so that the light source is
visible from off the property on which the SIGN is located.
(b)
An INFLATABLE SIGN erected for more than three (3) days.
(c)
A SIGN erected within, or partially within, a parking space required by a Zoning
By-law of the CITY.
(d)
A SIGN erected within, or partially within, a parking space designated for
accessibility purposes.
(e)
A SIGN erected in such a manner as to limit the intended use of a pedestrian
walkway or barrier-free path of travel or which reduces the effective width of a
sidewalk to less than 1.5 M (4.92 FT).
(f)
A SIGN on the ground located less than 1.0 M (3.3 FT) from a LOT LINE,
STREET LINE, or road curb unless permitted otherwise, or unless necessary for
purposes of an INFORMATION SIGN or OFFICIAL SIGN. (By-law 2006-161)
SECTION 5
PERMITS AND FEES
5.1.
PERMIT Requirements
5.1.1.
The APPLICANT for a PERMIT shall submit to the office of the City Engineer or his/her
designate a written and signed application for each SIGN proposed along with two (2)
copies of a plot/site location plan and two (2) sets of scale drawings of the SIGN showing,
in detail, the kind and character of SIGN proposed to be erected and maintained together
with the actual dimensions and weight thereof and the manner in which it is proposed to
be erected. Every application shall be signed by the OWNER of the property upon which
the SIGN is proposed to be erected or by the OWNER'S authorized agent. The City
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Engineer or his/her designate may require additional information where it is deemed
necessary. Upon the requirements of this by-law and any other applicable law under
consideration being complied with, and upon payment of the fees hereinafter imposed,
the City Engineer or his/her designate shall grant the necessary PERMIT. (By-law 2009-
130)
5.1.2.
Where the City Engineer or his/her designate is satisfied there is compliance with this by-
law and other by-laws of the CITY, he/she may issue a PERMIT subject to compliance
with other applicable laws outside the jurisdiction of the CITY, provided the OWNER can
provide documentation the other applicable agency has been notified. (By-law 2009-130)
5.1.3.
The PERMIT may be issued subject to such terms and conditions as the CITY deems
necessary to ensure compliance with this by-law and the health and safety of the public.
5.1.4.
The City Engineer or his/her designate may, if deemed necessary, require that the SIGN
and its supporting structure be designed by an Architect or Professional Engineer
registered in Ontario and the erection of any such SIGN must be reviewed during
construction by the Architect or Professional Engineer and certified as being erected in
compliance with the design drawings and specifications. The following SIGNS, in all
instances, must be designed by an Architect or Professional Engineer registered in
Ontario and the erection of any such SIGN must be reviewed during construction by the
Architect or Professional Engineer and certified as being erected in compliance with the
design drawings and specifications: (By-law 2009-130)
(a)
a GROUND SIGN exceeding 7.5 M (24.6 FT) in HEIGHT
(b)
a PROJECTING SIGN weighing more than 115 kg (254 lb).
(c)
a PROJECTING SIGN attached to a parapet.
5.1.5.
Plans of, and such other information with respect to, any building or structure upon which
a SIGN is proposed to be erected, may be required by the City Engineer or his/her
designate in order to determine whether the structure or building will safely carry the
additional loads and stresses imposed by the erection of such SIGN. (By-law 2009-130)
5.1.6.
Every SIGN for which a PERMIT is required may be inspected by a Municipal
Enforcement Officer or an Inspector. The OWNER shall notify the Office of the City
Engineer or his/her designate in advance of completion of the stages of construction
specified in the Building Code and when such SIGN is completely erected. (By-law 2009-
130)
5.1.7.
Any PERMIT may be revoked by the City Engineer or his/her designate serving
reasonable notice upon the OWNER where such OWNER fails to comply with the
15
requirements of this by-law or where the PERMIT was issued on false information, or was
issued in error. (By-law 2009-130)
5.1.8.
Every PERMIT issued under this by-law shall automatically expire and become null and
void;
(a)
if the SIGN authorized by such PERMIT is not erected within six (6) months of
the date of issue of such PERMIT,
(b)
if the SIGN is erected in contravention of the conditions of the PERMIT or of any
applicable provisions of this by-law, or
(c)
if the erection or display of the subject SIGN is contrary to the provisions of any
other applicable law.
5.1.9.
The issuance of a PERMIT under this by-law in no way constitutes absolute permission
to ERECT a SIGN. Other prohibitory regulations may exist outside of the jurisdiction of
the CITY, and it is the responsibility of the OWNER and SIGN erector to ensure all
applicable laws are complied with prior to installation.
5.2.
PERMIT Fees
5.2.1.
No application for PERMIT shall be considered until the fee described in Schedule "A"
attached hereto has been paid to the CITY.
5.2.2.
In the case of withdrawal of an application or the abandonment of all or a portion of the
work or the non-commencement of any project, the City Engineer or his/her designate
shall determine the amount of paid PERMIT application fees that may be returned to the
APPLICANT, if any, in accordance with Schedule "A" attached hereto, and forming part
of this by-law. (By-law 2009-130)
5.2.3.
No construction shall commence until the required PERMIT has been issued.
Notwithstanding Clause 5.2.1 of this by-law, the application fees prescribed in Schedule
"A" shall be increased by $100.00 where construction has commenced prior to the
issuance of a PERMIT.
5.3.
PERMIT Exemptions
5.3.1.
No PERMIT shall be required for the following SIGNS provided such SIGNS comply with
all other provisions of this by-law:
(a)
A PERMANENT SIGN not more than 1.2 SQM (12.9 SQFT) in SIGN AREA and
not more than 2.5 M (8.2 FT) in HEIGHT
(b)
A TEMPORARY SIGN not more than 6.0 SQM (64.5 SQFT)in SIGN AREA and
not more than 2.5 M (8.2 FT) in HEIGHT
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(c)
A SPECIAL EVENT SIGN (By-law 2006-161)
5.3.2.
Notwithstanding Clause 5.3.1 of this by-law, a PERMIT is required for certain SIGNS on
CITY PROPERTY specified in Section 8 of this by-law.
5.3.3.
Notwithstanding Clause 5.3.1 of this by-law, a PERMIT is required for all ADULT
ENTERTAINMENT SIGNS.
SECTION 6
SIGNS ON RESIDENTIAL LANDS
6.1.
SIGNS on RESIDENTIAL ONLY LANDS
6.1.1.
Except for an ADDRESS SIGN, a CONSTRUCTION SITE SIGN, a REAL ESTATE SIGN,
an ON-SITE DIRECTIONAL SIGN, a GARAGE/YARD SALE SIGN, a SPECIAL
OCCASION SIGN, an OFFICIAL SIGN, a SUBDIVISION DEVELOPMENT SIGN, and a
SUBDIVISION IDENTIFICATION SIGN, no PERSON shall ERECT a SIGN on
RESIDENTIAL ONLY LANDS. (By-law 2018-16)
6.1.2.
No WINDOW SIGN shall be displayed from RESIDENTIAL ONLY LANDS, except for a
PROPERTY MANAGEMENT SIGN and REAL ESTATE SIGN. (By-law 2016-174)
6.1.3.
Except for a SPECIAL OCCASION SIGN, RESIDENTIAL ONLY LANDS with 20 M (65.6
FT) or less of FRONTAGE and containing not more than six (6) residential units shall
have no SIGN over 0.8 SQM (8.6 SQFT) in SIGN AREA or over 2.0 M (6.6 FT) in
HEIGHT.
6.1.4.
RESIDENTIAL ONLY LANDS shall not have more than one (1) of each type of permitted
SIGN per LOT, for each STREET FRONTAGE.
6.1.5.
A SIGN for a home occupation shall not be erected or displayed.
6.1.6.
The maximum SIGN AREA of an ADDRESS SIGN on RESIDENTIAL ONLY LANDS
containing not more than six (6) residential units shall be 0.2 SQM (2.2 SQFT).
6.1.7.
The maximum SIGN AREA of an ADDRESS SIGN on RESIDENTIAL ONLY LANDS
containing more than six (6) residential units shall be 1.5 SQM (16.1 SQFT) with a
maximum HEIGHT of 2.0 M (6.6 FT), if erected on the ground.
6.1.8.
A SIGN erected on the ground on RESIDENTIAL ONLY LANDS shall be located not less
than 1.0 M (3.3 FT) from a LOT LINE and a STREET LINE.
6.1.9.
Notwithstanding Clause 6.1.1., a SIGN not exceeding 1.2 SQM (12.9 SQFT) in SIGN
AREA, identifying the premises as a bed and breakfast, may be ERECTED on a property
lawfully used as a bed and breakfast. (By-law 2007-13)
17
6.1.10.
The maximum SIGN AREA of a PROPERTY MANAGEMENT SIGN on RESIDENTIAL
ONLY LANDS shall be a 0.8 SQM (8.6 SQFT) and the SIGN shall be affixed to the
building or placed in a window. (By-law 2016-174)
6.1.11.
The PROPERTY MANAGEMENT SIGN shall include a valid telephone number at all
times. (By-law 2016-174)
6.1.12.
RESIDENTIAL ONLY LANDS shall not have more than one (1) PROPERTY
MANAGEMENT SIGN. By-law 2016-174)
6.2.
SIGNS on MIXED USE LANDS
6.2.1.
The requirements of Subsection 6.1 of this by-law shall apply to the portion of the building
and the portion of the LOT used for residential purposes.
SECTION 7
PROVISIONS FOR TYPES OF SIGNS
7.1.
SIGN definitions in Subsection 3.1 of this by-law, pertain to type of SIGN STRUCTURE
and type of use. A SIGN may be described in this by-law according to its structure, its
use or both as shown in Schedule "C" attached hereto.
7.2.
Where a SIGN may be described by several types in this by-law, the SIGN must meet the
applicable specific provisions for each type of SIGN.
Specific Provisions for SIGNS Described as Permanent
7.3.
GROUND SIGNS
7.3.1.
A GROUND SIGN shall be located on the same STREET FRONTAGE used to determine
the maximum SIGN AREA and HEIGHT of SIGN.
7.3.2.
A GROUND SIGN shall not exceed 4.0 M (13.1 FT) in HEIGHT for LOTS with 20 M (65.6
FT) or less of FRONTAGE and 7.5 M (24.6 FT) in HEIGHT for LOTS with more than 20
M (65.6 FT) of FRONTAGE.
7.3.3.
A GROUND SIGN shall not exceed 4.0 SQM (43.1 SQFT) in SIGN AREA for LOTS with
20 M (65.6 FT) or less of FRONTAGE, 6.0 SQM (64.5 SQFT) in SIGN AREA for LOTS
with more than 20 M (65.6 FT) of FRONTAGE but not greater than 40 M (131.2 FT) of
FRONTAGE, 8.0 SQM (86.1 SQFT) in SIGN AREA for LOTS with more than 40 M (131.2
FT) of FRONTAGE but not greater than 60 M (196.9 FT) of FRONTAGE, and 10.0 SQM
(107.6 SQFT) in SIGN AREA for LOTS with more than 60 M (196.9 FT) of FRONTAGE.
(By-law 2006-161)
7.3.4.
SHOPPING CENTRES with a LOT area of 1.0 ha (2.47 ac) to 4.0 ha (9.88 ac) may have
the SIGN AREA increased to 10.0 SQM (107.6 SQFT).
18
7.3.5.
SHOPPING CENTRES with a LOT area of over 4.0 ha (9.88 ac) may have the SIGN
AREA increased to 20.0 SQM (215.3 SQFT) and the SIGN HEIGHT increased to 9.0 M
(29.5FT).
7.3.6.
The maximum total SIGN AREA for a GROUND SIGN that is double faced or a multi-
faced SIGN shall be double the SIGN AREA permitted for one (1) SIGN FACE.
7.3.7.
The SIGN FACE of a GROUND SIGN may allocate not more than 50% of the SIGN
FACE to a READOGRAPH or ELECTRONIC MESSAGE DISPLAY.
7.3.8.
A GROUND SIGN in a commercial or industrial zone shall display the municipal address
number in numerals that are a minimum HEIGHT of 150 mm (5.9 inches).
7.3.9.
A GROUND SIGN shall not be erected within 1.0 M (3.3 FT) of a LOT LINE or STREET
LINE or municipal sidewalk.
7.3.10.
A GROUND SIGN shall not be erected within 3.0 M (9.8 FT) of a driveway entrance or
road curb when the SIGN is located a distance less than the HEIGHT of the SIGN from
the STREET LINE.
7.3.11.
A GROUND SIGN shall not be erected within 3.0 M (9.8 FT) of a traffic signal standard.
(By-law 2008-51)
7.3.12.
More than one (1) GROUND SIGN per STREET is not permitted on a LOT, except, on
LOTS with greater than 100 M (328.1 FT) of FRONTAGE, one (1) GROUND SIGN is
permitted on each STREET for every 100 M (328.1 FT) of FRONTAGE, or part thereof, to
a maximum of two (2) SIGNS per STREET.
7.3.13.
Where this by-law permits more than one (1) GROUND SIGN along a STREET
FRONTAGE, no GROUND SIGN shall be erected along the STREET LINE in which it
serves within 45 M (147.6 FT) of any GROUND SIGN on the same property.
7.3.14.
Professional Engineering design is required for all GROUND SIGNS over 7.5 M (24.6 FT)
in HEIGHT as specified in Clause 5.1.4 of this by-law. GROUND SIGNS over 3.0 M
(9.84 FT) in HEIGHT with moment resisting foundations such as pole type SIGNS must
be designed by a PERSON qualified in calculating the overturning forces and soil
resistance, unless permitted otherwise by the City Engineer or his/her designate. (By-law
2009-130)
7.4.
WALL and CANOPY SIGNS
7.4.1.
No WALL or CANOPY SIGN shall extend beyond the extremity of the wall FACADE or
fascia on which it is mounted.
7.4.2.
No WALL or CANOPY SIGN shall extend above the roof line of a building.
19
7.4.3.
No WALL SIGN shall project more than 0.5 M (1.6 FT) from the wall or fascia to which it
is attached.
7.4.4.
A CANOPY SIGN, and its anchorage system, must be designed to withstand the snow
and rain loads specified in Part 4 of the Ontario Building Code.
7.4.5.
A WALL SIGN and a CANOPY SIGN shall be parallel to the wall or fascia which it is
attached.
7.4.6.
A WALL SIGN and a CANOPY SIGN shall be mounted on the same building façade used
to calculate the maximum SIGN AREA.
7.4.7.
No WALL or CANOPY SIGN shall be greater in SIGN AREA than 50% (fifty percent), of
the area of the exterior wall facing one direction upon which it is installed, with a
maximum individual SIGN AREA of 35.0 SQM (376.7 SQFT). (By-law 2006-161)
7.4.8.
WALL and CANOPY SIGNS may have to meet the Zoning By-law requirements for
setbacks from LOT LINES and the Ontario Building Code requirements for structural
design, non-combustibility and flame resistance.
7.4.9.
A property OWNER may ERECT a free-standing architectural feature to accommodate
signage in-lieu of a WALL or CANOPY SIGN, subject to the following provisions:
(a)
The free-standing architectural feature is erected no farther than 4.0 M (13.1 FT)
from the main building to which the signage applies.
(b)
The maximum SIGN AREA is equal to that permitted for a WALL or CANOPY
SIGN under this by-law.
(c)
No portion of the free-standing architectural feature or attached SIGN shall be
less than 2.5 M (8.2 FT) above GRADE, except for structures required to support
the architectural feature.
(d)
The structural supports of the free-standing architectural feature shall be
designed in such a manner not to interfere with the safety of a pedestrian with a
vision disability.
(e)
No portion of the free-standing architectural feature shall exceed a maximum
HEIGHT of 4.5 M (14.7 FT).
(f)
The free-standing architectural feature must also meet the size and location
requirements for a main building in the relevant Zoning By-law of the CITY.
7.5.
PROJECTING SIGNS
7.5.1.
No PROJECTING SIGN shall be erected with a SIGN AREA of more than 2.0 SQM (21.5
SQFT).
20
7.5.2.
PROJECTING SIGNS may have to meet the Zoning By-law requirements for setbacks
from LOT LINES and the Ontario Building Code requirements for structural design, non-
combustibility and flame resistance.
7.5.3.
Professional Engineering design is required for certain PROJECTING SIGNS specified in
Clause 5.1.4 of this by-law.
7.6.
BILLBOARD SIGN
7.6.1.
More than one (1) BILLBOARD SIGN is not permitted on a LOT.
7.6.2.
A BILLBOARD SIGN shall be erected not closer than 6.0 M (19.7 FT) from the STREET
LINE and not closer than 8.0 M (26.2 FT) from all other LOT LINES.
7.6.3.
A BILLBOARD SIGN shall not be erected on a LOT with less than 75 M (246.1 FT) of
FRONTAGE.
7.6.4.
A BILLBOARD SIGN shall not be erected in, or less than 100 M (328.1 FT) from, a
residential zone designated in the Zoning By-law of the CITY.
7.6.5.
A BILLBOARD SIGN shall not be erected in a rural agricultural, agricultural, or open
space zone designated in the Zoning By-law of the CITY.
7.6.6.
A BILLBOARD SIGN shall not be erected less than 400 M (1312.3 FT) from any other
BILLBOARD SIGN.
7.6.7.
A BILLBOARD SIGN shall not exceed 20.0 SQM (215.3 SQFT) in SIGN AREA.
7.6.8.
A BILLBOARD SIGN shall not exceed 8.0 M (26.2 FT) in HEIGHT.
Specific Provisions for SIGNS Described as TEMPORARY
7.7.
MOBILE SIGNS
7.7.1.
A MOBILE SIGN is not permitted on CITY PROPERTY, except in accordance with
Subsection 8.7, but is permitted on private property.
7.7.2.
More than one (1) MOBILE SIGN per STREET is not permitted on a LOT, except, on
LOTS with greater than 100 M (328.1 FT) of FRONTAGE, one (1) MOBILE SIGN is
permitted on each STREET for every 100 M (328.1 FT) of FRONTAGE, or part thereof, to
a maximum of two (2) SIGNS per STREET.
7.7.3.
A MOBILE SIGN shall not exceed 6.0 SQM (64.6 SQFT) in SIGN AREA and shall contain
no more than two (2) SIGN FACES.
7.7.4.
A MOBILE SIGN shall not exceed 2.5 M (8.2 FT) in HEIGHT.
21
7.7.5.
A MOBILE SIGN is not permitted within 1.0 M (3.3 FT) of a LOT LINE or STREET LINE,
or road curb.
7.7.6.
A MOBILE SIGN is not permitted within 3.0 M (9.84 FT) of a driveway or road curb when
the SIGN is located a distance less than the HEIGHT of the SIGN from the STREET
LINE.
7.7.7.
A MOBILE SIGN is not permitted within 45 M (147.6 FT) of another MOBILE SIGN on the
same LOT.
7.7.8.
Every MOBILE SIGN shall have the name and telephone number of the SIGN company
affixed to it in a clearly visible location.
7.7.9.
A MOBILE SIGN shall not be erected within, or partially within, a parking space required
by a Zoning By-law of the CITY, nor shall it be erected within or partially within any
parking space designated for accessibility purposes.
7.7.10.
A MOBILE SIGN erected or displayed on private property on the day this by-law comes
into force, and which does not meet the provisions of this by-law, shall comply with this
by-law within one (1) year of the day this by-law comes into force.
7.8.
PORTABLE SIGNS
7.8.1.
A PORTABLE SIGN is not permitted on CITY PROPERTY, except as provided in Section
8 of this by-law, but is permitted on private property.
7.8.2.
Every business suite is entitled to one (1) PORTABLE SIGN which must be placed on the
LOT in accordance with this by-law.
7.8.3.
A PORTABLE SIGN shall not exceed 0.6 SQM (6.5 SQFT ) in SIGN AREA if single faced
or 1.2 SQM (12.9 SQFT) in SIGN AREA if double faced, and shall not contain more than
two (2) SIGN FACES.
7.8.4.
A PORTABLE SIGN shall not exceed 0.9 M (3.0 FT) in HEIGHT.
7.8.5.
A PORTABLE SIGN is not permitted within 10 M (32.8 FT) of a MOBILE SIGN or another
PORTABLE SIGN on the same LOT, unless it is placed directly in front of the business
storefront.
7.8.6.
A PORTABLE SIGN shall be removed and stored indoors each evening at business
close.
7.8.7.
A PORTABLE SIGN erected or displayed on private property on the day this by-law
comes into force, and which does not meet the provisions of this by-law, shall comply
with this by-law within thirty (30) days of the day this by-law comes into force.
7.9.
SIGNS Anchored in Shallow Ground Without Foundation
22
7.9.1.
A SIGN shall not be erected in shallow ground without foundation unless the SIGN is
intended to be a TEMPORARY SIGN and otherwise permitted by specific use type in this
by-law.
7.9.2.
A SIGN erected in shallow ground without foundation and which is permitted in this by-
law shall comply with the size, number and location requirements for the use type of
SIGN in this by-law but in any case shall not be erected less than 1.0 M (3.3 FT) from a
LOT LINE or STREET LINE unless specifically permitted otherwise in this by-law.
7.9.3.
A SIGN anchored in shallow ground without foundation, erected or displayed on private
property on the day this by-law comes into force, and which does not meet the provisions
of this by-law, shall comply with this by-law within one (1) year of the day this by-law
comes into force.
7.10.
FABRIC SIGNS
7.10.1.
For the purposes of this by-law, FABRIC SIGNS shall consist of TEMPORARY SIGNS
such as the BANNER type, the inflatable type, and the flag type.
7.10.2.
More than two (2) FABRIC SIGNS are not permitted on a building.
7.10.3.
A BANNER shall not exceed 6.0 SQM (64.6 SQFT) in SIGN AREA
7.10.4.
Except for a BANNER over a CITY road allowance permitted in Section 8 of this by-law, a
BANNER shall only be hung on the exterior wall of a building.
7.10.5.
An INFLATABLE SIGN erected for not more than three (3) days on a LOT shall not be
erected again on the same LOT unless a period of one (1) year has passed without an
INFLATABLE SIGN on the LOT.
7.10.6.
A FABRIC SIGN erected or displayed on private property on the day this by-law comes
into force, and which does not meet the provisions of this by-law, shall comply with this
by-law within sixty (60) days of the day this by-law comes into force
7.11.
POSTER
7.11.1.
A POSTER is not permitted on CITY or PUBLIC PROPERTY except in accordance with
Section 8 of this by-law.
7.11.2.
A POSTER is not permitted on private property within 15.0 M (49.2 FT) of a road
allowance, except at a COMMUNITY BULLETIN BOARD OR KIOSK or a COMMUNITY
POSTER SLEEVE designated in Schedule "B" of this by-law and only if the poster
conforms to Clauses 8.2.2. to 8.2.4. of this by-law.
23
7.11.3.
A POSTER erected on private property, and which is greater than 15.0 M (49.2 FT) from
the road allowance, may be considered an INTERIOR SIGN if it is not readable from the
STREET.
7.11.4.
A POSTER erected on private property must conform to the shape of the surface on
which it is affixed.
7.11.5.
No PERSON shall affix or place a POSTER, if the POSTER conveys a message with
respect to an Adult Entertainment business or an unlawful activity or an activity which a
Peace Officer or a MUNICIPAL LAW ENFORCEMENT OFFICER has reason to believe
is unlawful.
7.11.6.
A POSTER erected or displayed on private property on the day this by-law comes into
force, and which does not meet the provisions of this by-law, shall comply with this by-law
within thirty (30) days of the day this by-law comes into force.
7.12.
Other TEMPORARY SIGNS
7.12.1.
Other TEMPORARY SIGNS shall not be erected unless the SIGN is permitted by specific
use type in this by-law.
7.12.2.
A TEMPORARY SIGN which is permitted in this by-law shall comply with the size,
number and location requirements for the use type of SIGN in this by-law, but in any case
shall not be erected less than 1.0 M (3.3 FT) from a LOT LINE or STREET LINE unless
specifically permitted otherwise in this by-law.
7.12.3.
A TEMPORARY SIGN, erected or displayed on private property on the day this by-law
comes into force, and which does not meet the provisions of this by-law, shall comply
with this by-law within one (1) year of the day this by-law comes into force.
Specific Provisions for SIGNS Described by Use
7.13.
SUBDIVISION DEVELOPMENT SIGNS
7.13.1.
A SUBDIVISION DEVELOPMENT SIGN shall not be erected for a subdivision with less
than six (6) LOTS.
7.13.2.
A SUBDIVISION DEVELOPMENT SIGN shall not be erected until the subdivision or
development lands are zoned and subdivided for the use being advertised, unless the
City has accepted applications for Rezoning, Subdivision, Condominium, or other
Planning Approval, which, if approved would permit the use of the lands for the purpose
advertised. (By-law 2006-161)
7.13.3.
A SUBDIVISION DEVELOPMENT SIGN shall be located within the subdivision or
development it advertises. (By-law 2006-161)
24
7.13.4.
More than one (1) SUBDIVISION DEVELOPMENT SIGN per STREET upon which the
subdivision or development fronts is not permitted. (By-law 2006-161)
7.13.5.
More than one (1) SIGN shall not be mounted on a SIGN STRUCTURE.
7.13.6.
A SUBDIVISION DEVELOPMENT SIGN shall not be located within 3.0 M (9.8 FT) of a
LOT LINE or a STREET LINE.
7.13.7.
A SUBDIVISION DEVELOPMENT SIGN shall not be located less than 8.0 M (26.2 FT)
from the boundary of the subdivision or development which is not a STREET LINE. (By-
law 2006-161)
7.13.8.
A SUBDIVISION DEVELOPMENT SIGN shall not exceed a SIGN AREA of 12 SQM
(129.2 SQFT).
7.13.9.
A SUBDIVISION DEVELOPMENT SIGN shall not exceed a HEIGHT of 4.0 M (13.1 FT).
7.14.
SUBDIVISION IDENTIFICATION SIGN
7.14.1.
A SUBDIVISION IDENTIFICATION SIGN shall not be erected for a subdivision with less
than six (6) LOTS.
7.14.2.
A SUBDIVISION IDENTIFICATION SIGN shall be located within the subdivision it
identifies, and shall not be located on the road allowance.
7.14.3.
More than one (1) SUBDIVISION IDENTIFICATION SIGN per STREET upon which the
subdivision fronts is not permitted.
7.14.4.
A SUBDIVISION IDENTIFICATION SIGN shall not be located within 1.0 M (3.3 FT) of a
LOT LINE, except that it may be located adjacent to a STREET LINE.
7.14.5.
A SUBDIVISION IDENTIFICATION SIGN shall not exceed an SIGN AREA of 2.0 SQM
(21.5 SQFT).
7.14.6.
A SUBDIVISION IDENTIFICATION SIGN shall not exceed a HEIGHT of 2.0 M (6.6 FT).
7.14.7.
A SUBDIVISION IDENTIFICATION SIGN on a corner LOT is not permitted greater than
0.9 M (3.0 FT) in HEIGHT above the elevation of the STREET traffic lane nearest the
SIGN, within a VISIBILITY TRIANGLE.
7.15.
REAL ESTATE SIGNS
7.15.1.
A REAL ESTATE SIGN is permitted to be erected only on the property that is for sale or
lease.
7.15.2.
Not more than one (1) REAL ESTATE SIGN per STREET shall be permitted on a LOT,
except on LOTS with more than 150 M (492 FT) FRONTAGE, one (1) SIGN is permitted
on each STREET for every 150 M (492 FT) of FRONTAGE or part thereof.
25
7.15.3.
A REAL ESTATE SIGN erected on the ground shall be located not less than 1.0 M (3.3
FT) from a LOT LINE and a STREET LINE.
7.15.4.
A REAL ESTATE SIGN shall comply with Sections 4 and 6 of this by-law.
7.15.5.
Notwithstanding Clause 4.2.1 of this by-law, one REAL ESTATE SIGN not exceeding 0.8
SQM (8.6 SQFT) may be erected on a fence located on a LOT.
7.15.6.
An OPEN HOUSE DIRECTIONAL SIGN shall comply with Subsection 8.3 of this by-law.
7.15.7.
A REAL ESTATE SIGN located on RESIDENTIAL ONLY LANDS shall not exceed:
(a)
0.8 SQM (8.6 SQFT) in SIGN AREA for LOTS with 20 M (65.6 FT) or less of
FRONTAGE, and
(b)
the lesser of 4.0 SQM (43.1 SQFT) or 0.04 SQM of SIGN AREA per linear metre
(0.131 SQFT per linear foot) of FRONTAGE for LOTS with more than 20 M (65.6
FT) of FRONTAGE.
7.15.8.
A REAL ESTATE SIGN located on MIXED USE or non-residential lands shall not exceed:
(a)
1.2 SQM (12.9 SQFT) in SIGN AREA for LOTS with 20 M (65.6 FT) or less of
FRONTAGE, and
(b)
the lesser of 6.0 SQM (64.5 SQFT) or 0.06 SQM of SIGN AREA per linear metre
(0.197 SQFT per linear foot) of FRONTAGE for LOTS with more than 20 M (65.6
FT) of FRONTAGE.
7.15.9.
REAL ESTATE SIGNS shall be removed within thirty (30) days after the date of the
acceptance of an offer of purchase or lease of the premises.
7.15.10.
A REAL ESTATE SIGN shall only be erected if the property is marketed for a use that is
in conformance with the applicable Zoning By-law of the CITY.
7.15.11.
A REAL ESTATE SIGN may be erected as a WINDOW SIGN within a suite of
commercial or industrial use.
7.15.12.
A REAL ESTATE SIGN shall use the words "For Sale", "Lease" or "Rent". (By-law 2016-
174)
7.16.
ELECTION SIGNS
7.16.1.
This By-law does not apply to election signs. (By-law 2018-16)
7.16.2.
Deleted in its entirety. (By-law 2018-16)
7.16.3.
Deleted in its entirety. (By-law 2018-16)
7.16.4.
Deleted in its entirety. (By-law 2018-16)
26
7.16.5.
Deleted in its entirety. (By-law 2018-16)
7.16.6.
Deleted in its entirety. (By-law 2018-16)
7.16.7.
Deleted in its entirety. (By-law 2018-16)
7.16.8.
Deleted in its entirety. (By-law 2018-16)
7.16.9.
Deleted in its entirety. (By-law 2018-16)
7.16.10.
Deleted in its entirety. (By-law 2018-16)
7.16.11.
Deleted in its entirety. (By-law 2018-16)
7.16.12.
Deleted in its entirety. (By-law 2018-16)
7.16.13.
Deleted in its entirety. (By-law 2018-16)
7.16.14.
Deleted in its entirety. (By-law 2018-16)
7.16.15.
Deleted in its entirety. (By-law 2018-16)
7.16.16.
Deleted in its entirety. (By-law 2018-16)
7.17.
CONSTRUCTION SITE SIGNS
7.17.1.
A CONSTRUCTION SITE SIGN is permitted to be erected only on the property that
relates to the advertised or displayed construction.
7.17.2.
More than one (1) SIGN shall be not be mounted on a SIGN STRUCTURE
7.17.3.
A CONSTRUCTION SITE SIGN erected on non-RESIDENTIAL ONLY LANDS shall be
non-illuminated with a SIGN AREA not exceeding 15 SQM (161.5 SQFT) and shall be
removed from the construction site within thirty (30) days of first occupancy of the project.
7.17.4.
A CONSTRUCTION SITE SIGN erected on RESIDENTIAL ONLY LANDS shall be non-
illuminated with a SIGN AREA not exceeding 4 SQM (43.1 SQFT) and shall be removed
from the construction site within thirty (30) days of first occupancy of the project.
7.17.5.
A CONSTRUCTION SITE SIGN erected on RESIDENTIAL ONLY LANDS and containing
at least one (1) but not more than six (6) residential units shall be non-illuminated with a
SIGN AREA not exceeding 0.8 SQM (8.6 SQFT) and shall be removed from the
construction site within seven (7) days of substantial completion or first occupancy of the
project.
7.18.
FARM SIGNS
7.18.1.
Nothing in this by-law applies to the extent it restricts a normal farm practice from being
carried on as part of an agricultural operation.
27
7.18.2.
A THIRD PARTY SIGN shall not be erected or displayed on a farm with respect to goods,
services and produce sold from another property.
7.18.3.
A THIRD PARTY SIGN shall not be erected on another property to advertise goods,
services and produce sold from the farm, however a TEMPORARY Directional SIGN
conforming to Subsection 8.3 of this by-law may be erected by a farmer.
7.18.4.
Notwithstanding Clause 4.2.1 of this by-law, a SIGN may be painted on the roof or wall of
a farm building.
7.19.
THIRD PARTY SIGNS
7.19.1.
No PERSON shall ERECT or permit to be erected a THIRD PARTY SIGN except for a
BILLBOARD SIGN, an INTERIOR SIGN, a SPECIAL EVENT SIGN, a BOULEVARD
DIRECTIONAL SIGN, a POSTER, SIGNS conforming to Subsections 8.3 and 8.8, and a
SIGN within a building which is not a WINDOW SIGN.
7.19.2.
Notwithstanding Clause 7.19.1 of this by-law, THIRD PARTY SIGNS may be erected on
CITY PROPERTY in accordance with Subsections 8.2 to 8.8 of this by-law.
7.20.
SPECIAL EVENT SIGNS
7.20.1.
SPECIAL EVENT SIGNS on CITY PROPERTY shall comply with Section 8 of this by-
law.
7.20.2.
A SPECIAL EVENT SIGN may be erected on private property as a GROUND SIGN,
MOBILE SIGN or WALL SIGN, without regard to existing GROUND SIGNS, MOBILE
SIGNS and WALL SIGNS on the LOT.
7.20.3.
A SPECIAL EVENT SIGN shall not remain erected for more than thirty (30) days and
shall not be erected on the same property more than twice in any calendar year.
7.21.
WINDOW SIGNS
7.21.1.
No WINDOW SIGNS shall obstruct the natural light through the window by more than
50%.
7.22.
ON-SITE DIRECTIONAL SIGNS
7.22.1.
An ON-SITE DIRECTIONAL SIGN shall have a maximum SIGN AREA of 0.75 SQM (8.1
SQFT) and shall have a maximum HEIGHT of 1.2 M (3.9 FT).
7.22.2.
The number of ON-SITE DIRECTIONAL SIGNS shall be limited to two (2) per entrance.
7.23.
ADULT ENTERTAINMENT SIGNS
28
7.23.1.
No PERSON shall ERECT or permit to be erected an ADULT ENTERTAINMENT SIGN
unless advertising a legal Adult Entertainment business established on the property
where the SIGN is located.
7.23.2.
No PERSON shall ERECT or permit to be erected a Third Party ADULT
ENTERTAINMENT SIGN.
7.23.3.
No PERSON shall ERECT or permit to be erected an ADULT ENTERTAINMENT SIGN
or ADVERTISING DEVICE within a business suite where the Adult Entertainment
business is not the primary business at the suite.
7.23.4.
An ADULT ENTERTAINMENT SIGN shall only be erected as a WALL or CANOPY SIGN
and shall not exceed 4.0 SQM (43.1SQFT) in SIGN AREA.
7.23.5.
An ADULT ENTERTAINMENT SIGN shall not convey indecent images or words.
7.24.
PUMP ISLAND
7.24.1.
The maximum SIGN AREA of a PUMP ISLAND SIGN is 2 SQM (21.5 SQFT) per pump
island.
7.25.
OFFICIAL SIGN
7.25.1.
An OFFICIAL SIGN required by a CITY Planning application process may be erected on
private property as a GROUND SIGN or WALL SIGN, without regard to existing
GROUND SIGNS and WALL SIGNS on the LOT.
7.26.
SMALL INCIDENTAL SIGNS (By-law 2006-161)
7.26.1.
INCIDENTAL SIGNS such as INFORMATION SIGNS, ADDRESS SIGNS, DIRECTORY
SIGNS, and OFFICIAL SIGNS shall be limited in number, SIGN AREA and HEIGHT to
minimum values necessary to perform the intended function, unless permitted otherwise
in this by-law. (By-law 2006-161)
7.27.
MENU BOARDS
7.27.1.
One MENU BOARD shall be permitted in association with a permitted drive-through
facility/lane provided the MENU BOARD is a maximum HEIGHT of 2.5 M (8.2 FT) and a
maximum SIGN AREA of 4 SQM (43.1 SQFT).
7.27.2.
One PRE-MENU BOARD shall be permitted in association with a permitted drive-through
facility provided the PRE-MENU BOARD is a maximum HEIGHT of 2.5 M (8.2 FT) and a
maximum SIGN AREA of 2 SQM (21.5 SQFT).
SECTION 8
SIGNS ON CITY/PUBLIC PROPERTY
8.1.
General Provisions
29
8.1.1.
Except as permitted in this Section, all SIGNS shall comply with other Sections of this by-
law, including Section 4.
8.1.2.
Unless permitted by this Section, no PERSON shall ERECT, or cause to be erected, a
SIGN on CITY PROPERTY without prior written authorization of the City Manager, or the
GENERAL MANAGER of Engineering, Public Works/Transportation Services and the
GENERAL MANAGER of Parks/Recreation, or COUNCIL or by way of encroachment
agreement and unless a PERMIT has been issued therefor by the City Engineer or
his/her designate. (By-law 2009-130)
8.1.3.
The CITY may, at its sole discretion, remove any SIGN from CITY PROPERTY or
PUBLIC PROPERTY at any time, if it has determined the SIGN is not in compliance with
this by-law or if it has determined the SIGN to be UNSAFE in its current location or
condition.
8.1.4.
Unless permitted in this Section, no PERSON shall ERECT, or caused to be erected a
SIGN on PUBLIC PROPERTY without prior written authorization of the entity described in
Clause 2.4.2. that owns or leases the property.
8.2.
POSTER
8.2.1.
No PERSON shall affix or place a POSTER on CITY or PUBLIC PROPERTY except in
accordance with this By-law at a COMMUNITY BULLETIN BOARD OR KIOSK or a
COMMUNITY POSTER SLEEVE designated in Schedule "B" of this By-law.
8.2.2.
A PERSON shall only affix or place one POSTER on one designated location and such
POSTER shall be in accordance with the following requirements:
(a)
It must indicate the name, address and telephone number of the PERSON or
business responsible for placing the POSTER.
(b)
It must be no greater in size than twenty-two (22) centimetres by twenty-eight
(28) centimetres [eight and one half (8.5) inches by eleven (11) inches].
(c)
It must conform to the shape of the POSTER sleeve, bulletin board, or kiosk.
(d)
It must be attached to the POSTER sleeve, bulletin board or kiosk only by
staples, tacks or push pins.
8.2.3.
No PERSON shall affix or place a POSTER if the POSTER conveys a message with
respect to an Adult Entertainment business or an unlawful activity or an activity which a
Peace Officer or a MUNICIPAL LAW ENFORCEMENT OFFICER has reason to believe
is unlawful.
30
8.2.4.
A POSTER must be removed by the PERSON who affixed or placed the POSTER within
thirty (30) days or its placement or when the time, event or purpose for which it was
placed no longer applies, whichever comes first.
8.2.5.
The CITY or other Public Authority or entity described in Clause 2.4.2. of this by-law may
remove and dispose of lawfully and unlawfully placed POSTERS without notice or
compensation when necessary for maintenance or other purpose.
8.3.
OPEN HOUSE DIRECTIONAL SIGNS, GARAGE/YARD SALE DIRECTIONAL SIGNS,
Etc.
8.3.1.
An OPEN HOUSE DIRECTIONAL SIGN and a GARAGE/YARD SALE DIRECTIONAL
SIGN of size not greater than 0.40 SQM (4.3 SQFT) in SIGN AREA and 0.75 M (2.5 FT)
in HEIGHT may be erected on a CITY boulevard at least 0.5 M (1.6 FT) from the edge of
a travelled road, sidewalk, or shoulder of a highway.
8.3.2.
Where the boulevard is not large enough to accommodate the 0.5 M (1.6 FT) setback
above, the SIGN may be located with lesser setback in a manner so as not to create a
traffic hazard, but not on a sidewalk or travelled portion of a highway.
8.3.3.
An OPEN HOUSE DIRECTIONAL SIGN and a GARAGE/YARD SALE DIRECTIONAL
SIGN must be removed by the PERSON who placed it within four (4) hours and twelve
(12) hours respectively, of its placement.
8.3.4.
No more than three (3) SIGNS shall be permitted near an INTERSECTION at the same
time.
8.3.5.
An OPEN HOUSE DIRECTIONAL SIGN and a GARAGE/YARD SALE DIRECTIONAL
SIGN shall not be erected, posted or affixed to a utility pole, light standard, or traffic
signal standard, except on a designated COMMUNITY POSTER SLEEVE.
8.3.6.
Similar TEMPORARY Directional SIGNS of duration less than 1 day may be placed with
the same size, location and quantity restrictions.
8.4.
BOULEVARD DIRECTIONAL SIGNS
8.4.1.
A BOULEVARD DIRECTIONAL SIGN may be erected on a CITY boulevard as a
PERMANENT SIGN with the approval of the GENERAL MANAGER of Engineering,
Public
Works/Transportation
Services
and
the
GENERAL
MANAGER
of
Parks/Recreation.
8.4.2.
A BOULEVARD DIRECTIONAL SIGN shall not exceed 0.2 SQM (2.2 SQFT) in SIGN
AREA, or 2.5 M (8.2 FT) in HEIGHT, unless approved otherwise.
31
8.4.3.
A BOULEVARD DIRECTIONAL SIGN shall only be installed by CITY forces and the cost
of installation shall be paid to the CITY by the PERSON requesting the SIGN.
8.5.
PORTABLE SIGNS/Sidewalk Sandwich Boards
8.5.1.
A business abutting a CITY sidewalk may ERECT or display one (1) PORTABLE SIGN
on the CITY sidewalk in front of the business to which the SIGN relates in accordance
with this Subsection.
8.5.2.
A PORTABLE SIGN shall not exceed 0.6 SQM (6.5 SQFT) in SIGN AREA if single faced
or 1.2 SQM (12.9 SQFT) in SIGN AREA if double faced, and shall not contain more than
two (2) SIGN FACES.
8.5.3.
A PORTABLE SIGN shall not exceed 0.9 M (3.0 FT) in HEIGHT.
8.5.4.
A PORTABLE SIGN is not permitted within 1.0 M (3.3 FT) of the curb, edge of the
travelled road, or shoulder of a highway.
8.5.5.
A PORTABLE SIGN shall not be erected or placed on a CITY sidewalk in such a manner
to limit the intended use of a pedestrian walkway, driveway or barrier-free path of travel
or which reduces the effective width of a sidewalk to less than 1.5 M (4.9 FT).
8.5.6.
A PORTABLE SIGN shall not be erected or placed on a CITY sidewalk unless its location
has been chosen to minimize its impact on pedestrian traffic.
8.5.7.
A PORTABLE SIGN shall be removed and stored indoors each evening at business
close.
8.6.
Repealed by By-law 2007-13.
8.7.
SPECIAL EVENT SIGN
8.7.1.
SPECIAL EVENT SIGNS may be erected on the CITY road allowance by the
organization promoting the public festival, charitable event, or COMMUNITY GROUP, if
the SIGNS meet the size and location requirements of Subsections 8.2, 8.3, or 8.5 of this
by-law and provided the SIGNS remain erected for not more than fourteen (14) days.
8.7.2.
A SPECIAL EVENT SIGN may be erected on CITY PROPERTY other than the road
allowance for not more than thirty (30) days with prior written authorization of the City
Manager, or the GENERAL MANAGER of Engineering, Public Works/Transportation
Services and the GENERAL MANAGER of Parks/Recreation, or COUNCIL. (By-law
2006-161)
8.7.3.
A SPECIAL EVENT SIGN described in Clause 8.7.2 of this by-law shall not be erected on
the same property more than twice in any calendar year.
8.7.4.
Repealed by By-law 2007-13.
32
8.8.
BANNER SIGNS
8.8.1.
A BANNER may be erected over a CITY road allowance for not more than thirty (30)
days with the written permission of the TRAFFIC AND PARKING OPERATIONS
MANAGER if a PERMIT has been issued therefore by the City Engineer or his/her
designate. (By-law 2009-130)
8.9.
Encroaching SIGNS
8.9.1.
Buildings located less than 0.5 M (1.6 FT) from a CITY STREET LINE may have erected
thereon a WALL SIGN or CANOPY SIGN without posts which projects less than 0.5 M
(1.6 FT) over a CITY road allowance if a PERMIT has been issued therefore by the City
Engineer or his/her designate. (By-law 2009-130)
8.9.2.
A PERMIT shall not be issued for an encroaching SIGN until an encroachment
agreement has been entered into between the City (or the Regional Municipality of
Niagara, if a Regional road) and the OWNER of the building upon which the SIGN is
erected.
8.9.3.
The encroaching SIGN shall maintain the 2.4 M (7.9 FT) clearance required by Clause
4.3.1 of this by-law.
SECTION 9
MAINTENANCE OF SIGNS
9.1.
The OWNER and SIGN OWNER shall maintain or cause such SIGN to be maintained in
a proper state of repair, so that such SIGN remains completely operative at all times and
does not become UNSAFE, defective or dangerous.
9.2.
The maintenance or repairs using materials identical to the materials of the component
being maintained or repaired does not constitute an alteration.
SECTION 10
MINOR VARIANCES
10.1.
The COUNCIL of the CITY may, upon the application of any PERSON, authorize minor
variances from this by-law, if in the opinion of COUNCIL, the general intent and purpose
of this by-law are maintained.
10.2.
The fee for an application for variance to cover processing of the application shall be in
accordance with Schedule "D" attached hereto. A separate application is required for
each SIGN or group of similar SIGNS on a LOT.
10.3.
COUNCIL hereby delegates to the Committee of Adjustment the authority specified in
Section 10.1. to review applications and make decisions on whether or not the general
intent and purpose of the by-law is maintained. (By-law 2008-51)
10.4.
The Committee may establish rules of procedure necessary for its function.
33
SECTION 11
REMOVAL AND REPAIR OF SIGNS
11.1.
Where a SIGN is erected in contravention of any provision of this by-law, the CITY, in
addition to any other action, may give notice to the APPLICANT for PERMIT, SIGN
OWNER or property OWNER of the property upon which the SIGN is erected, requiring
the SIGN to be removed, repaired or altered to conform with the by-law. In the event that
a notice is given and the SIGN indicated in the notice is not removed, repaired or altered
to conform with the provisions of this by-law within the time period set out in the notice,
the CITY, its employees, agent or contractor may enter upon the land and remove such
SIGN or carry out the work required to make such SIGN comply with this by-law, and
may charge any costs incurred for such work to the APPLICANT, SIGN OWNER or
property OWNER.
11.2.
Where the APPLICANT, SIGN OWNER and property OWNER refuse to pay the costs
incurred by the CITY in Subsection 11.1 of this by-law, the CITY may recover the costs in
accordance with Section 427 of the Municipal Act.
11.3.
Any notice given under this by-law may be given by: (a) personal service to the party
being served; (b) ordinary or registered mail to the OWNER of the property according to
the last revised Assessment Roll of the property upon which the SIGN is located; (c)
ordinary or registered mail to the address of the APPLICANT for a PERMIT shown on the
SIGN PERMIT application; ordinary or registered mail to the last known address of the
SIGN OWNER; or by prominently displaying a copy of the notice on the SIGN in respect
of which the notice is given or on the land upon which the SIGN is located.
11.4.
The CITY, its employees, agent or contractor may, without notice, remove any SIGN
which contravenes Subsection 4.2 or 4.3 of this by-law or Section 8 of this by-law, and
cost of removal may be charged to the APPLICANT, SIGN OWNER or property OWNER
as in Subsection 11.1 of this by-law or recovered as in Subsection 11.2 of this by-law.
11.5.
Any SIGN removed as authorized by Section 11 of this by-law, may be deposited
elsewhere on the property on which it is located, or may be stored by the CITY, its
employees, agent or contractor. Where a SIGN has been removed and stored, the
OWNER may reclaim such SIGN upon payment to the CITY any costs incurred by the
CITY, its agent or contractor in the removal of such SIGN. Where a SIGN has not been
reclaimed within thirty (30) days of its removal, such SIGN may be forthwith destroyed or
otherwise disposed of by the CITY, its employees, agent or contractor.
SECTION 12
ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS
12.1.
This by-law shall be administered and enforced by a MUNICIPAL LAW ENFORCEMENT
OFFICER, the City Engineer or his/her designate or an Inspector or any PERSON
34
appointed or otherwise delegated the authority of administration and enforcement. (By-
law 2009-130)
12.2.
The MUNICIPAL LAW ENFORCEMENT OFFICER may enter upon, enter within and
inspect any land, property, building or structure at any time to determine if this by-law is
complied with.
12.3.
Notwithstanding Subsection 12.2 of this by-law, the MUNICIPAL LAW ENFORCEMENT
OFFICER shall not enter or remain in any room or place actually used as a dwelling
unless the provisions of Section 430 of the Municipal Act are complied with.
SECTION 13
PENALTIES
13.1.
Every PERSON who contravenes any provision of this by-law is guilty of an offence and
is liable upon conviction to a fine of not more than $5,000.00 pursuant to the Provincial
Offences Act, R.S.O.1990, c.P.33.
SECTION 14
SCHEDULES
14.1.
Schedules "A", "B", "C" and "D" attached hereto shall be read with and form part of this
by-law.
SECTION 15
VALIDITY
15.1.
Should any Section, Subsection, Clause, Subclause or provision of this by-law be held by
a court of competent jurisdiction to be invalid, the validity of the remainder of the by-law
shall not be affected.
SECTION 16
REPEAL OF OTHER BY-LAWS
16.1.
By-laws 994, 1003, 1623, 1711, 1797, 2016, 2446, 2789, 2790, 2845, and 2890 be and
the same are hereby repealed.
SECTION 17
EFFECTIVE DATE
17.1.
This by-law shall come into force and take effect on the date of passing thereof.
17.2.
Notwithstanding Subsection 17.1. above, Subsection 8.2. and Clause 7.11.2. of this by-
law shall come into force and take effect on the day designated postering locations are
added to Schedule "B" of this by-law by Amendment.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS 15th
DAY OF FEBRUARY, 2005
NOTE: This Office Consolidation is prepared for purposes of convenience only, and for accurate
reference, recourse should be had to the Original By-law.
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As Amended by:
By-law 2006-161
Passed October 17, 2006
As Amended by:
By-law 2007-13
Passed February 6, 2007
As Amended by:
By-law 2008-51
Passed April 15, 2008
As Amended by:
By-law 2009-130
Passed September 15, 2009
As Amended by:
By-law 2016-174
Passed December 20, 2016
As Amended by:
By-law 2018-16
Passed February 20, 2018
As Amended by:
Resolution 2018-17
Passed April 6, 2018
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SCHEDULE "A"
TO BY-LAW 2005-21 OF THE CITY OF WELLAND
FEES FOR SIGN PERMIT APPLICATION
SIGN PERMIT application fees payable upon application for PERMIT shall be as specified in the City
Fees and Charges By-law based upon the SIGN AREA of each FACE of the SIGN.
REFUND OF SIGN PERMIT APPLICATION FEES
Status of PERMIT Application
Percentage of Fee
Eligible for Refund
1. Application filed. No processing or review of plans.
80%
2. Application filed. Plans reviewed.
60%
3. PERMIT issued. No inspections performed.
40%
4. Additional deduction for each inspection performed.
10%
5. Minimum PERMIT application fee.
0%
(By-law 2008-51)
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SCHEDULE "B"
TO BY-LAW 2005-21 OF THE CITY OF WELLAND
DESIGNATED POSTERING LOCATIONS
This page intended to be left blank until such time as a new Schedule "B" is inserted by Amendment to
this By-law.
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SCHEDULE "C"
TO BY-LAW 2005-21 OF THE CITY OF WELLAND
TYPES OF SIGN STRUCTURES AND SIGN USES
Type of SIGN STRUCTURE
Permanent
-
GROUND SIGN
-
WALL SIGN
-
PROJECTING SIGN
-
ROOF SIGN
-
CANOPY SIGN
-
BILLBOARD SIGN
TEMPORARY
-
MOBILE SIGN
-
PORTABLE SIGN
o
Sandwich board SIGN
o
A-Frame SIGN
-
SIGNS Anchored in Shallow Ground Without Foundation
-
FABRIC SIGN
o
BANNER
o
Flag/Pennant
o
INFLATABLE SIGN
-
POSTER
Type of SIGN Use
-
ABANDONED OR OBSOLETE SIGN
-
ADDRESS SIGN
-
ADULT ENTERTAINMENT SIGN
-
BOULEVARD DIRECTIONAL SIGN
-
CONSTRUCTION SITE SIGN
-
DIRECTORY SIGN
-
FARM SIGN
-
GARAGE/YARD SALE SIGN
-
INFORMATION SIGN
-
INTERIOR SIGN
-
MENU BOARD SIGN and PRE-MENU BOARD
-
OFFICIAL SIGN
-
ON-SITE DIRECTIONAL SIGN
-
OPEN HOUSE DIRECTIONAL SIGN
-
PUMP ISLAND SIGN
-
REAL ESTATE SIGN
-
SPECIAL EVENT SIGN
-
SPECIAL OCCASION SIGN
-
SUBDIVISION DEVELOPMENT SIGN
-
SUBDIVISION IDENTIFICATION SIGN
-
THIRD PARTY SIGN
-
WINDOW SIGN
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SCHEDULE "D"
TO BY-LAW 2005-21 OF THE CITY OF WELLAND
FEES FOR SIGN VARIANCE APPLICATION
Application fees for SIGN Minor Variances shall be as specified in the City Fees and Charges By-law for
Committee of Adjustment Minor Variances.
(By-law 2008-51)