THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER

Transcription

1 THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW NUMBER Being a By-law to Regulate or Prohibit Signs or other Advertising Devices and to Repeal By-law and all Amendments to the Same WHEREAS pursuant to section 9 of the Municipal Act, 2001 S.O. 2001, chapter 25 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to section 8. (1) of the Municipal Act, 2001 S.O. 2001, chapter 25 the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality s ability to respond to municipal issues; AND WHEREAS pursuant to section 11 of the Municipal Act, 2001, S.O. 2001, chapter 25, as amended, provides that a lower-tier municipality may pass bylaws respecting matters within the spheres of jurisdiction set out therein, highways; AND WHEREAS pursuant to section 99 of the Municipal Act, 2001, S.O. 2001, chapter 25, as amended, provides a municipality respecting advertising devices, including signs, does not apply to an advertising device that was lawfully erected or displayed on the day the By-law comes into force if the advertising device is not substantially altered, and the maintenance and repair of the advertising device or a change in the message or contents displayed is deemed not in itself to constitute a substantial alteration; AND WHEREAS sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001, chapter 25, states a municipality may pass By-laws providing that a person who contravenes a By-law of the municipality passed under this Act is guilty of an offence, no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a By-law passed under this Act and a municipality may establish a system of fines for offences under a By-law of the municipality passed under this Act; AND WHEREAS section 436 of the Municipal Act, 2001 S.O. 2001, chapter 25, provides that the municipality has the power to pass By-laws authorizing the

2 2 power of entry for the purpose of inspecting land to determine compliance with a By-law, direction, order, or condition of license; AND WHEREAS section 435, 437 and 438 of the Municipal Act, 2001 S.O. 2001, chapter 25, set out additional powers and restrictions in regard to the power of entry; AND WHEREAS section 446 of the Municipal Act, 2001 S.O. 2001, chapter 25 authorizes the municipality that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person s expense, the municipality may enter upon land at any reasonable time, the municipality may recover the costs of doing a matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; AND WHEREAS it is deemed expedient that the Council of The Corporation of the Town of Penetanguishene enacts a By-law to provide regulations for signage within the Town of Penetanguishene; NOW THEREFORE the Council of the Town of Penetanguishene hereby enacts as follows: 1. DEFINITIONS In this By-law: 1.1 Abandoned Sign means a sign located on property which becomes vacant and unoccupied or any sign which pertains to a time, event or purpose for which it no longer applies. 1.2 Accessory Building means a separate building or structure, normally incidental, subordinate, or exclusively devoted to and located on the same lot as the principle use, building or structure but not including a building or structure used for human habitation except where specifically permitted. 1.3 Advertising Devices means any designed device or object which creates a design and which is erected, located or affixed or intended to be erected, located or affixed on any property for the purpose of advertising goods and services offered or indentifying a business or enterprise. 1.4 Alter means any change to a sign structure or location, but shall not include replacement of the sign face, painting, cleaning, or

3 3 normal maintenance and repair of a sign not involving structural change. 1.5 Approved Fixture means a fixture, in a location and of a construction approved by the Director of Public Works, for erecting or installing a banner, attached to a pole or structure on public lands. 1.6 Backlit means an artificial light source at the back side or within a sign structure. 1.7 Banner Sign means a sign composed of non-rigid materials such as, but not limited to, vinyl or canvas, either enclosed or not enclosed on a rigid frame, secured in such a way as to permit movement of the sign by atmospheric conditions. 1.8 Billboard Sign means a sign which advertises goods, products, services or facilities not available on the premises or land upon which the sign is located or which directs persons to a different location that upon which the sign is located and is either single faced or doubled faced. 1.9 Building Face means an exterior building wall facing a street or any other building wall which does not face a street but which the main entrance for the public is located Building Frontage means the length of a building face fronting onto a public street Building Sign means a sign on a building indicating the corporate, historical or colloquial name of the building, the address, and/or the date of construction, but excluding the names of the individual occupants, goods, or services provided Business means all or part of a building in which one or more persons are employed in the management, direction or conduct of a business, or where professionally qualified persons and their staff serve clients or patients who seek advice, consultation or treatment Canopy Sign means a non-retractable awning or roof-like structure that is not supported from the ground but instead is attached to and supported from the exterior wall of a building and that is or functions as a sign.

4 Charitable Organization (Registered) means a registered charity as defined in the Income Tax Act (Canada) or successor legislation, which has a registration number issued by the Canada Revenue Agency, or successor agency Chief Building Official means the Chief Building Official or Building inspector or designate as appointed by the Council of The Corporation of the Town of Penetanguishene Civic Address Numbering means a number assigned by the Town pursuant to the Civic Addressing By-law, as amended for the purpose of identifying all private and municipally owned buildings within the Town of Penetanguishene Civic Address Sign means a sign assigned by the Town pursuant to the Civic Addressing By-law for the purposes of identifying all private and municipally owned buildings within the Town of Penetanguishene Clerk means the Town Clerk of the Town of Penetanguishene or his/her designate Council means the Council of The Corporation of the Town of Penetanguishene Commercial Zone means the following zones contained in the Town of Penetanguishene Zoning By-law as amended: Commercial Neighbourhood (CN) Zone Commercial Marine One (CM1) Zone Commercial Marine Two (CM2) Zone 1.21 Commercial General Zone means the following zone defined in the Town of Penetanguishene Zoning By-law as amended: Commercial General (CG) Zone 1.22 Contractor Sign means a sign which identifies or provides information relating to or advertising the development or the construction of a building on the lands on which the sign is erected Copy means the graphic content of a sign surface in either permanent or removable letters, pictorial, symbolic, logo or numeric form.

5 Dangerous or Defective Signs means signs that are rusting, wood lamination is or has separated, paint is peeling or flaking off, graffiti has been added or generally any component or elements of the sign are separating Directional Sign means a sign for public convenience and safety that bears no commercial advertising, such as, but not limited to: caution signs, construction, detour signs, entrance and exit signs Directory Sign means a sign listing the tenants of a multi-tenant building and may contain the civic address numbering and may contain a list of tenants or occupancies for identification purposes only Election Sign means a sign which use is outlined in the Election Sign By-law Electronic Display means the use of changing lights, including Light Emitting Diodes (LED S) to form a message or messages wherein the sequences of the messages and the rate of change is electronically programmed and can be modified by an electronic process Erect means to build, construct, reconstruct, locate, or relocate a sign, advertising device or support member thereof Existing Sign means any legally existing sign in existence prior to the date that this by-law is deemed to take effect Fascia Sign means a sign which is attached to, erected, or placed approximately parallel to and flat against a wall forming part of a building Flashing Sign means a sign with illumination that varies in intensity and/or colour at periodic intervals, but does not include an electronic display Frontage means the length of the property line of any one lot parallel to and along each legally accessible public street Grade means the average elevation of the finished ground level where the said ground level is in contact with a building, structure or sign Ground Sign means a sign in a permanently fixed location, supported by a structure secured to the ground, and not supported

6 6 by any building or other structure. May include a changeable copy component, on which the copy can be changed manually, with changeable letters or changeable pictorial panels. Shall not include a Pylon Sign or any other sign mentioned in this By-law Heritage Plaques means a sign identifying a site or a building designated by the Federal Government, of the Province, or the Town as being an architectural or historical value Highway means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof and includes any road, bridge, street, land or similar thoroughfare and includes such parts thereof commonly known as roadways, curbs, ditches, sidewalks, median strips, boulevards, islands and associated sewer, catch basin, water courses and retaining walls Home Occupation shall mean any occupation which is carried on within a single detached dwelling in accordance with the provisions of the Town Zoning By-law, relative thereto as an accessory use Incidental Sign means a sign of minor consequences and size whose use is incidental to another use and which does not require detailed regulations, such as a garage sale, charity functions, birthdays, anniversaries, or other such signs Industrial Zone means those areas zoned industrial in the Town of Penetanguishene Zoning By-law, as amended Inflatable Sign means a sign or advertising device designed to be airborne and tethered to the ground or any other structure and shall include balloons and any other inflatable advertising device Institutional Zone means those areas zoned institutional in the Town of Penetanguishene Zoning By-law, as amended Land or Property means any ground, yard, lot or other real property whether or not occupied by a building or structure that is located within the Town of Penetanguishene Mobile Sign means a sign built on a trailer and/or other solid framework with or without wheels, and may include a double faced changeable letter type sign used to convey a message applicable

7 7 for a definable and specific time period, and which does not rely on a building or a fixed foundation for its structural support. For the purpose of this By-law, a Mobile Sign shall not include a Sandwich Board Sign Movement Sign means any sign which is in motion by means of swinging, revolving, spinning, streaming, twirling or rotating. Shall not include an Electronic Display, Projecting Sign or Corporate, Municipal, County, Provincial or Federal Flags Mural means any type or display or artistic endeavor applied as paint, film or other covering to an external wall or other integral part of a building or structure which may include words or advertisement or other promotional message or content, including logos, trademarks Occupant means the person in physical possession of the premise and includes all persons who have the responsibility for and control over the condition of the premises or the activities carried on, notwithstanding that there may be more than one occupant of the same premises Officer means a Municipal Law Enforcement Officer or such other officer as may be appointed by Council from time to time for the enforcement of this By-law Official Sign means a sign required or erected due to any law by any Municipal, Provincial or Federal government or governmental authority, agency, department or commission Ontario Building Code Act means the Building Code Act S.O. 1992, c.23, as amended from time to time Owner means the owner registered on title or lessee for lands, Buildings or Premise, subject to the provisions of this By-law Parapet Wall means the portion of a building or structure which extends above a roof level of a building or structure and is architecturally cosmetic in function Person means all transients, owners, tenants and occupiers of lands within the Town and shall include any individual, association, firm, partnership, incorporated company, corporation, agent or trustee and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.

8 Portable Sign means a sign not permanently affixed to the ground and designed in such a manner as to be capable of being moved from place to place. Generally made of cardboard, plastic, fiberboard, vinyl, paper or other similar material Poster means a printed notice generally made of cardboard, plastic, fiberboard, vinyl, paper or other similar flexible material; conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, handbill, leaflet, notice and placard Projecting Sign means a sign which projects from a wall of a building and which is either single or double faced, with the sign face or faces approximately perpendicular to the plane such wall. For the purpose of this By-law, a projecting sign shall not include a canopy sign Property Line means the lines that define the boundary of the property. See Street Line 1.58 Public Property means any property, land, including road allowances and sidewalks, or a building leased for municipal purposes and includes property owned and/or operated by the Town, County, Province or Federal Governments Pylon Sign means a free-standing vertical sign supported by permanent column(s) on a foundation in the ground and which is not attached to any building or structure. May include a changeable copy component, on which the copy can be changed manually or by electronic display Real Estate Sign means a temporary non-illuminated sign pertaining to the sale, lease or rental of any lands or buildings upon which the said sign is located Residential Zone means those areas zoned residential in the Town of Penetanguishene Zoning By-law, as amended Roof Sign means a sign which is located entirely on or above the main roof of a building or structure Rural Zone means those areas zoned rural in the Town of Penetanguishene Zoning By-law, as amended Sandwich Board Sign means a sign built of rigid material with two (2) sign faces of equal size that are secured with cross bracing,

9 9 not permanently attached to a building, structure or affixed to the ground and is specifically designed to be temporary in nature and readily moved from one location Setback means the horizontal distance from the centre line of the street allowance, measured at right angles to such centre line, to the nearest part of any main wall of any building, structure, or sign on the lot Shall mean imperative or must Sight Triangle means the triangular space formed by the street lines of a corner lot and a line drawn from a point in one street line to a point in the other street line, each point being six (6) metres from the point of intersection of the street lines, (measured along the street lines). Where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projection of the street lines or the intersection of the tangents to the street lines. SEE APPENDIX A 1.68 Sign means any visual medium, including its structure and component parts, which are used or are capable of being used to draw attention to a specific matter for identification, information, advertising, service, activity, person, business, product, good, or location of the business property on which it is located Sign Amendment means a written request to the Town Clerk for Town s approval of an amendment to this By-law Sign Area means the entire area of the sign delineated by the boundaries of the outer limits of the sign including all support and/or structural fixtures. Where a sign is composed of individually installed letters, numerals or shapes, the sign area shall mean the total aggregate area of all letter, numerals or shapes Sign Clearance means the vertical distance between the lowest limit of the sign and the grade directly beneath the sign Sign Face means the opaque, transparent or translucent surface of a sign, upon, against or through which the message of the sign is displayed, and is the area defined by a geometric shape within a perimeter bounded by the inside of the sign frame or sign structure Sign Height means the vertical dimension between the grade at the base of the sign and the highest point of the sign.

10 Sign Permit means a written document issued by the Chief Building Official of the Town and/or the Town Clerk indicating that the specific application has been approved Special Event Sign means temporary street decorations, cloth signs, or any other advertising devices installed for various civic celebrations and/or other festivals and/or special events, which are approved by Council Storey means that portion of a building above finished grade, located between a floor and the floor, ceiling or roof next above it Street Line means the limit of the road or street allowances and is the dividing line between a lot and a street. See Property Line 1.78 Town or Municipality means The Corporation of the Town of Penetanguishene and includes, where the context permits, its duly authorized officers, contractors, employees and agents Window Sign means a sign posted, painted, placed or affixed in or on a window exposed to public view, and shall include an interior sign that faces a window exposed to public view Zone means the area of a defined land use zone in the Town s Zoning By-laws passed under the Planning Act. 2. WORD USAGE 2.1 As used in this By-law, words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 2.2 The headings and subheadings used in this By-law shall not form a part of the By-law, but shall be deemed to be inserted for convenience of reference only. 3. ADMINISTRATION 3.1 The Chief Building Official shall be responsible for the administration of this By-law and the Chief Building Official and/or Municipal Law Enforcement Officer shall be responsible for the enforcement of this By-law as provided for herein. 3.2 The Chief Building Official shall perform the following functions:

11 11 a) Receive and review all applications in conjunction with any Sign governed by this By-law. b) When the application conforms to the provisions of this By-law and all other By-laws of the Town, the Chief Building Official, will sign the application, drawings and specifications; retain one (1) set for file purposes and issues a sign permit. 3.3 The Chief Building Official and/or Municipal Law Enforcement Officer shall perform the following functions: a) Carry out such inspections as may be necessary to satisfy that all the works are in accordance with the approved plans. b) Issue the required order to comply whenever work is found not to be in conformity with the approved plans. 4. IMPLEMENTATION 4.1 Town Staff shall consider, and where applicable, implement at the time of issuance of Planning Act and/or Building Code Act approvals/permits. 4.2 Construction standards for all signs shall meet the requirements of the Ontario Building Code, where applicable 5. PERMITS 5.1 Sign Permits shall not be issued until an application has been filed with the Town accompanied by payment of the appropriate fee and the submission of the following documents: a) Plans to scale showing the location including distance of any roadways, intersections and property boundaries, type and dimensions of all existing and proposed signs or advertising devices on the property. b) Drawings of and information with respect to the building upon which the sign or advertising device is to be attached including the size and location of all other existing signs.

12 12 c) A letter of consent shall be provided from the owner of the property where an application is for someone other than the owner, or the owner s authorized agent. d) Prior to the issuance of a permit for signage placed on Town lands, for the entire length of time the permit is valid and any subsequent renewal thereof, the owner shall at their own expense obtain and provide the Corporation of the Town of Penetanguishene with a current valid copy of Insurance Liability Policy naming the Town as an additional insured on the policy and a completed Indemnification and Hold Harmless Agreement, against all claims for personal injury, including bodily injury resulting in death, and property damage with an inclusive limit not less then Two Million ($2,000, ). e) A certificate of review from a structural engineer where required by the Chief Building Official. f) Any other plans or information deemed necessary to establish the conformity of the application to the By-law. g) A copy of the Ministry of Transportation or County of Simcoe Sign Permit, as applicable, if the property fronts onto a Provincial Highway or County Road. 6. EXPIRY OF PERMITS 6.1 A permit issued by the Town shall expire: a) Upon the expiry of any display period specified under this Bylaw or pursuant to the terms of a permit; or b) If the work to erect, or substantially alter the sign is not completed within 180 days from the date of issuance of the sign permit; or c) Immediately upon removal of the sign. 7. REVOCATION OF PERMITS 7.1 The Town may revoke a permit under the following circumstances: a) Where the permit has been issued in error by the Town; or

13 13 b) Where the sign does not conform to this By-law, the Ontario Building Code, or any other applicable regulation or legislation; or c) Where the permit has been issued as the result of false, mistaken, incorrect, or misleading statements, or undertakings on the application. 8. FEES 8.1 The cost for obtaining a Sign Permit for any sign type outlined herein, excluding Building Permit fees, shall be set out in the Town s Composite Fee Schedule By-law, as amended from time to time. 8.2 The cost for obtaining a Building Permit pertaining to the installation of a sign regulated by the Ontario Building Code shall be set out in the Town s Building Fee Schedule By-law, as amended from time to time. 9. FEE EXEMPTIONS 9.1 The Town may exempt Charitable Organizations from applicable permit fees once proof of charity is provided. 9.2 The Town may exempt Town approved Special Event Signs that Council has approved. 9.3 Despite Section 9.1 all other requirements for signs as outlined in this By-law are still applicable. 10. GENERAL PROHIBITIONS AND REGULATIONS 10.1 No person shall erect, or cause to be erected a sign without a permit No person shall make a structural alteration to a sign without a permit Every owner, occupant or owner of a sign upon property on which a sign or advertising device is situated shall keep the sign or advertising device, including the sign area, in a good state or repair and in a proper state of preservation as to safety and appearance.

14 No person shall cause or permit a dangerous or defective sign to be erected No person shall erect, or cause to be erected, a sign on public property except in accordance with the provisions of this By-law No person shall erect, or cause to be erected: a) Flashing Signs, with the exception of an electronic display as permitted under this By-law; b) Inflatable Signs; c) Movement Signs; d) Posters affixed on or to public property; e) Roof Signs; f) Signs located so as to obstruct the view of any pedestrian or motor vehicle driver so as to cause an unsafe condition; g) Signs interfering with or obstructing the view of an authorized traffic sign, traffic signal, or official sign or any sign capable of being confused with such a traffic sign, traffic signal or official sign; h) Signs which are located so as to interfere in any way with the free use of any fire escape, fire exit, door, window, skylight flue, air intake or exhaust, or parking space; i) Signs located within a site triangle. 11. BILLBOARD SIGNS 11.1 It shall be the policy of Council that the erection of Billboard Signs shall be prohibited on any lands within the Town A Billboard Sign that was legally established may remain in place with the sign face being changed, but the sign shall not be rebuilt or relocated on the same property A Billboard Sign may be permitted at the Council s discretion and by way of Amendment to this By-law in any Zone provided the sign

15 15 is located on lands which have frontage on Provincial highway or a County road. 12. PORTABLE SIGNS 12.1 All requests to have Portable Signs located on Public Lands must be completed by making application and paying applicable fees to the Town for approval prior to erecting. Town has discretion on the location and approved signs being placed Application can be made by submitting a Sign Permit as outlined in Section 5 of this By-law. 13. EXEMPTIONS 13.1 Notwithstanding Section 10.1, the following signs shall be exempt from the requirements of a sign permit, provided they are in conformity with the provisions of this and any other By-laws: a) Official Signs of the Town, County, Provincial, or Federal government or of another public authority. b) Contractor Signs to a maximum of 2.5 square metres (26.91sq.ft), provided that the signs are not displayed for a longer period than thirty (30) days beyond the completion of the project located on said property. c) Directional Signs with a maximum sign area of 0.6 square metres (6.5sq.ft.) provided they are not located on public property or the road allowance. d) Flags of countries, provinces, municipalities, corporations, and educational or religious organizations and all other flags provided not more than five (5) flags are located on one building or property. e) Heritage Plaques, Building Signs, and Civic Address Signs. f) Incidental Signs with a maximum sign area of 0.6 square metres (6.5sq.ft.) provided they are not located on public property or the road allowance. Incidental Signs shall be erected no sooner than 72 hours prior to the event and removed no later than 24 hours after the event.

16 16 g) A trespassing, safety or other warning sign not exceeding 0.2 metres (2.2sq.ft.) in sign area. h) Real Estate Signs shall be a maximum of 0.55 square metres (6 sq.ft.) and only erected on properties that are for private sale or formally listed with a real estate company, provided not more than one (1) sign is located per building frontage and the sign shall not exceed the first storey of any building on which it is located. i) Window Signs. j) Open house directional signs. Such signs are to be removed 24 hours following the event. k) Special Event Signs. 14. ENCROACHMENTS 14.1 No sign is permitted to encroach on, partly on or over a highway except for an Official Sign or a sign otherwise permitted by this Bylaw or as authorized by the Town, County or Province Signs shall not be erected on, attached to, or extended over public lands, unless a Sign Permit has been obtained No person shall erect a sign in a location which may interfere with or damage any municipal or public utility service which has been lawfully placed at the location. 15. BANNER SIGNS AT TOWN LOCATION 15.1 A completed Sign Permit and applicable fees as provided for in the Town s Composite Fee By-law must be submitted no less than thirty (30) business days prior to the proposed time requested Banners approved for installation at the Town s Approved Fixture location are on a first come, first served basis. Priority will be provided to Town sanctioned events, followed by local organizations. 16. SIGNS PERMITTED IN ALL NON-RESIDENTIAL ZONES

17 Banner Signs a) One (1) Banner Sign shall be permitted per business. In a multioccupancy building, more than one (1) Banner Sign shall be permitted at one time, provided it can be separated a minimum of 20.0 metres (66 ft.) from another Banner Sign. b) A Banner Sign shall not exceed a sign area of 6 square metres (65 sq.ft.). c) A Banner Sign shall only be used for a maximum of thirty (30) consecutive days per annum Mobile Signs a) One (1) Mobile sign shall be permitted per business. In a multioccupancy building, more than one (1) Mobile Sign shall be permitted at one time to a maximum of three (3) signs per property, provided it can be setback a minimum of 20.0 metres (66ft.) from another Mobile Sign. b) A Mobile Sign shall not exceed a sign area of 4.2 square metres (45 sq. ft.) and a maximum sign height of 2.3 metres (7.5 ft.). c) A Mobile Sign shall be setback 1.5 metres (5 ft.) from the front yard property line, shall not be placed any closer than 12.0 metres (40 ft.) to any traffic signal and shall not be located within a sight triangle. d) A Mobile Sign shall only be used for a maximum period of thirty (30) consecutive days per three month quarter in any calendar year, and this may include an aggregate of sixty (60) days over two (2) consecutive quarters. 17. SIGNS PERMITTED BY ZONE 17.1 Signs in the Commercial General Zone The following provisions shall apply to signs in the Commercial General Zone: a) Signs in the Commercial General Zone will be encouraged to create an attractive image of the Town that reflects the historic character and heritage of the community; b) No sign in the Commercial General Zone shall be backlit and any lighting for a sign in this area shall be designed and

18 18 constructed to minimize illumination of areas other than the sign Canopy Signs a) One (1) Canopy Sign shall be permitted per ground-level business entrance. b) The maximum sign height of a Canopy Sign shall not exceed the first storey of the building. c) A Canopy Sign shall not project further then 0.4 metres (1.3 ft.) from the fascia of the canopy and shall not extend above or below the line of the canopy. d) A Canopy Sign must have a minimum 2.6 metres (8.5 ft.) sign clearance. e) Where a Canopy Sign is located over a sidewalk or other public property, such applicant shall obtain a Sign Permit and provide confirmation that a minimum of $2 million liability insurance is in effect and the Town is named as an additional insured on the policy Directory Signs a) One (1) Directory Sign shall be permitted per property. b) The maximum sign area of a Directory Sign shall be 0.3 square metres (3.2 sq ft.). c) The maximum sign height of a Directory Sign shall be 2.0 metres (6.6 ft.). d) A Directory Sign not located on a building shall be setback a minimum of 1.5 metres (5ft) from all property lines and not located in sight triangle Fascia Signs a) One (1) Fascia Sign shall be permitted per business per building face. In the case of a corner lot, a Fascia Sign shall be permitted on each building face facing a street, except those that directly abut land that is zoned Residential.

19 19 b) The maximum sign area of a Fascia Sign is ten percent (10%) of the building face. c) The maximum sign height of a Fascia Sign shall not exceed the first storey of the building. d) The Fascia Sign shall not extend more than 0.5 metres (1.6 ft.) past the limits of the building face upon which the sign is mounted Ground Signs a) One (1) Ground Sign shall be permitted per building frontage. b) The maximum sign area of a Ground Sign shall be calculated at a rate of 0.2 metres per metre of frontage to a maximum sign area of 4 square metres (43 sq.ft.) and have a maximum sign height of 2.0 metres (6.6 ft.). c) The Ground Sign shall be setback from the front yard property line a minimum of 1.5 metres (5ft.) and not be located within a site triangle Mural Signs a) One (1) Mural Sign shall be permitted. b) The maximum sign area not to exceed 50% of the visible wall Projecting Signs a) One (1) Projecting Sign shall be permitted per business occupancy. For businesses located on a second storey, the sign shall be placed at the ground level business entrance only. b) The maximum sign area of a Projecting Sign shall not exceed 1.4 square metres (15.0 sq.ft.). c) A Projecting Sign must have a minimum 2.6 metres (8.5 ft.) sign clearance. d) Where a Projecting Sign is located over a sidewalk or other public property, such applicant shall obtain a Sign Permit and provide confirmation that a minimum of $2 million liability

20 20 insurance is in effect and the Town is named as an additional insured on the policy Sandwich Board Signs a) One (1) Sandwich Board Sign shall be permitted for display along the frontage of the building for which the business it is promoting is located, or one (1) Sandwich Board Sign for every 8.0 metres (26 ft.) of frontage. b) A Sandwich Board Sign shall have a maximum sign area of 0.6 square metres (6 sq. ft.), with a maximum sign height of 1.06 metres (3.5ft.) and the maximum width of 0.6 meters (2 ft.). c) A Sandwich Board Sign shall not be located within a sight triangle. d) A Sandwich Board Sign shall not be erected within 3.0 metres (10 ft.) of another Sandwich Board Sign. e) A Sandwich Board Sign may advertise more than one occupant or business contained within a single buildings or storefront. f) A Sandwich Board Sign shall be displayed only during normal business hours, and shall not be on display during snow storms, or during snow removal operations. g) A Sandwich Board Sign shall only be placed on a municipal sidewalk providing it does not impede the free flow of pedestrians, restrict accessibility on the sidewalk and shall not adversely affect the parking of vehicles. A Sandwich Board Sign shall not be placed on snow banks, planters, or street furniture and shall not be located within a sight triangle. h) Where a Sandwich Board Sign is located on a sidewalk or other public property, such applicant shall obtain a Sign Permit and provide confirmation that a minimum of $2 million liability insurance is in effect and the Town is named as an additional insured on the policy on an annual basis Signs in the Commercial Zones Canopy Signs

21 21 a) One (1) Canopy Sign shall be permitted per business entrance onto a street. In case of a corner lot, a Canopy Sign shall be permitted on each building frontage. b) The maximum sign height of a Canopy Sign shall not exceed the first storey of the building. c) A Canopy Sign shall not project further that 0.4 metres (1.3 ft.) from the fascia of the canopy and shall not extend above or below the line of the canopy. d) A Canopy Sign must have a minimum 2.6 metres (8.5 ft.) sign clearance Directory Signs a) One (1) Directory Sign shall be permitted per property. b) The maximum sign area of a Directory Sign shall be 0.3 square metres (3.2 sq ft.). c) The maximum sigh height of a Directory Sign shall be 2.0 metres (6.6 ft.). d) A Directory Sign not located on a building shall be setback a minimum of 1.5 metres (5ft) from all property lines and not located in sight triangle. Where the sign is located on a Provincial highway or County road, the setbacks requirements of the Provincial or County governments (as the case may be) shall be the required setback Fascia Signs a) One (1) Fascia Sign shall be permitted per business per building face. In the case of a corner lot, a Fascia Sign shall be permitted on each building face facing a street, except in the case of a corner lot where the building faces a Residential Zone. b) The maximum sign area of a Fascia Sign shall not exceed ten percent (10%) of the areas of the building face upon which the sign is mounted, to a maximum of 4.0 square metres (43 sq. ft.) per business c) The maximum sign height of a Fascia Sign shall not exceed the first storey of the building.

22 22 d) The Fascia Sign shall not extend more than 0.5 metres (1.6 ft.) past the limits of the building face upon which the sign is mounted Ground Signs and Pylon Signs a) One (1) Ground Sign or Pylon Sign shall be permitted property. b) The maximum sign area of a Ground Sign shall be calculated at a rate of 1 square metre per 10 metres of frontage to a maximum sign area of 6 square metres (65 sq.ft.), and a maximum sign height of 2.0 metres (6.6 ft.) c) The maximum sign area of a Pylon Sign shall be calculated at a rate of 1 square metre per 10 metres of frontage to a maximum sign area of 10.0 square metres (108sq.ft.), a maximum sign height of 7.62 metres (25 ft.), and a minimum sign clearance of 2.44 metres (8 ft.). d) In the Marine Commercial (CM1) (CM2) Zone, the maximum sign area of a Pylon Sign that faces water shall be 14.0 square metres (150 sq.ft.) and have a maximum sigh height of 10.0 metres (33 ft.). e) The Ground Sign or Pylon Sign shall be setback from the front yard property line a minimum of 1.5 metres (5ft.) and not be located within a site triangle Sandwich Board Signs a) One (1) Sandwich Board Sign shall be permitted for display on private property along the frontage of the building for which the business it is promoting is located, or one Sandwich Board Sign for every 8.0 metres (26 ft.) of frontage. b) A Sandwich Board Sign shall have a maximum sign area of 0.6 square metres (6 sq. ft.), with a maximum sign height of 1.06 metres (3.5ft.) and the maximum width of 0.6 meters (2 ft.). c) A Sandwich Board Sign may advertise more than one occupant or business contained within a single building or storefront.

23 23 d) A Sandwich Board Sign shall be displayed only during normal business hours, and shall not be on display during snow storms, or during snow removal operations. e) A Sandwich Board Sign shall not be erected within 3.0 metres (10 ft.) of another Sandwich Board Sign. f) A Sandwich Board Sign shall be setback a minimum of 0.6 metres (2 ft.) from all property lines, and shall not be located within a sight triangle Sign in the Industrial and Institutional Zones Canopy Signs a) One (1) Canopy Sign shall be permitted per business entrance onto a street. In case of a corner lot, a Canopy Sign shall be permitted on each building frontage. b) The maximum sign height of a Canopy Sign shall not exceed the first storey of the building. c) A Canopy Sign shall not project further than 0.4 metres (1.3 ft.) from the fascia of the canopy and shall not extend above the roof line of the canopy. d) A Canopy Sign must have a minimum 2.6 metres (8.5 ft.) sign clearance Directory Signs a) One (1) Directory Sign shall be permitted per building frontage. b) The maximum sign area of a Directory Sign shall be 0.65 square metres (7 sq. ft.). c) The maximum sign height of a Directory Sign shall be 2.0 metres (6.6 ft.). d) A Directory Sign not located on a building shall be setback a minimum of 3.0 metres (10 ft.) from all property lines and not located in sight triangle. Where the sign is located on a Provincial highway or County road, the setbacks requirements of the Provincial or County governments (as the case may be) shall be the required setbacks.

24 Fascia Signs a) One (1) Fascia Sign shall be permitted per business per building face. In the case of a corner lot, a Fascia Sign shall be permitted on each building face facing a street, except those that directly abut land that is zoned Residential. b) The maximum sign area of a Fascia Sign shall not exceed ten percent (10%) of the areas of the building face upon which the sign is mounted, to a maximum of 4.0 square metres (43 sq.ft.) per business. c) The maximum sign height of a Fascia Sign shall not exceed the first storey of the building. d) The Fascia Sign shall not exceed more than 0.5 metres (1.6 ft.) past the limits of the building face upon which the sign is mounted Ground and Pylon Signs a) One (1) Ground Sign or Pylon Sign shall be permitted per building frontage. b) The maximum sign area of a Ground Sign or Pylon Sign shall be calculated at a rate of 1 square metres for each10 metres (33 ft.) of building frontage on which it is to be located, to a maximum sign area of 8.0 square metres (86 sq. ft.). c) The maximum sign height of a Ground Sign or Pylon Sign shall be 7.62 metres (25 ft.). d) A Ground Sign or Pylon Sign shall be located within a landscaped island protected with concrete curbs in a parking lot or at a driveway entrance, and shall be setback a minimum of 1.5 metres (5 ft.) from all property lines, and where the sign is located on a Provincial highway or County road, the setbacks requirements of the Provincial or County governments shall be the required setback. e) A Ground Sign or Pylon Sign shall not be located within a site triangle Signs in Residential Zones

25 Canopy Signs a) One (1) Canopy Sign shall be permitted in Residential Zones for home occupation purposes. b) The maximum sign height of a Canopy Sign shall not exceed the first storey of the building. c) A Canopy Sign must have a minimum 2.6 metres (8.5 Ft.) sign clearance. d) A Canopy Sign shall not project further than 0.4 metres (1.3 ft.) from the fascia of the canopy and shall not exceed above the roof line of the canopy Directory Signs a) One (1) Directory Sign shall be permitted per property. b) The maximum sign area of a Directory Sign shall be 0.3 square metres (3.2 sq. ft.). c) The maximum sign height of a Directory Sign shall be 2.0 metres (6.6 ft.). d) A Directory Sign not located on a building shall be setback a minimum of 1.5 metres (5ft.) from all property lines and not located within a site triangle Fascia Signs a) One (1) Fascia Sign shall be permitted in Residential Zones for home occupation purposes. b) The maximum sign area of a Fascia Sign shall not exceed ten percent (10%) of the areas of the building face upon which the sign is mounted, to a maximum of 4.0 square metres (43 sq.ft.) per business. c) The maximum sign height of a Fascia Sign shall not exceed the first storey of the building. d) The Fascia Sign shall not exceed more than 0.5 metres (1.6 ft.) past the limits of the building face upon which the sign is mounted.

26 Ground Signs a) One (1) Ground Sign shall be permitted in Residential Zones for home occupation purposes. b) The maximum sign area of a Ground Sign shall not exceed 1.4 square metres (15 sq. ft.), and a maximum sign height of 1.8 metres (6 ft.). c) The Ground Sign shall be setback from all property lines a minimum of 1.5 (5 ft.), and not be located within a sight triangle Projecting Sign a) One (1) Projecting Sign shall be permitted in Residential Zones for home occupation purposes. b) The maximum sign areas of a Projecting Sign shall not exceed 0.6 square metres (6.0 sq. ft.). c) A Projecting Sign must have a minimum 2.6 metres (8.5 ft.) of sign clearance. d) A Projecting Sign shall not extend over public property Signs in Rural Zones Fascia Signs a) One (1) Fascia Sign shall be permitted on one (1) accessory building per property. b) The maximum sign area of a Fascia Sign shall not exceed ten percent (10%) of the areas of the building face upon which the sign is mounted, to a maximum of 3.0 square metres (32 sq.ft.) Ground Signs a) One (1) non-backlit Ground Sign shall be permitted per property. b) The maximum sign area of a Ground Sign shall not exceed 1 square metre per 10 metres of frontage to a maximum sign area of 3 metres (32 sq.ft.).

27 27 c) The maximum sign height of a Ground Sign shall be 3 metres (10 ft). d) A Ground Sign shall be setback from all property lines a minimum of 1.5 metres (5 ft.), and not be located within a site triangle Sandwich Board Signs a) One (1) Sandwich Board Sign shall be permitted for display on private property along the frontage of the building for which the business it is promoting is located, in the Rural Zone only. b) A Sandwich Board Sign shall have a maximum sign area of 0.6 square metres (6 sq. ft.) and the maximum sign height of 1.06 metres (3.5 ft.) and a maximum width of 0.6 metres (2ft.). c) A Sandwich Board Sign shall be setback a minimum of 0.6 metres (2 ft.) from the front property line, shall not be closer than 3.0 metres (10 ft.) from another Sandwich Board Sign, and shall not be located within a sight triangle. d) A Sandwich Board Sign shall be displayed only during normal business hours. 18. SIGN AMENDMENTS 18.1 Any person may apply for a Sign Amendment from the provisions of this By-law or any provisions thereof All applications for Sign Amendments to this By-law shall be submitted to the Town in writing. Finance and Corporate Services Section may authorize amendments to the By-law if in the opinion of the Committee the general intent and purpose of the By-law is maintained The written request together with the required fee shall be submitted for approval. Fees shall be prescribed in the Town s Composite Fee Schedule By-law. 19. BUSINESSES CEASING TO OPERATE

28 Where a business ceases to operate, the owner or owners of any sign(s) advertising said business shall cause to have the advertisement on the sign(s) removed before vacating the premises Where the advertisement of the sign(s) of a business which has ceased to operate has not been removed by the owner or owners of the sign(s), advertising said business, prior to vacating the premises, the owner of the property shall remove the sign(s) in question within 30 days of the business being vacated Should the owner of a property refuse to remove or neglect to remove the advertisement on the sign(s) as referred to in Section 19.1, the Municipality shall cause the sign(s) in question to be removed, The Town shall recover the related expenses due to remedial action taken, by action, or in the same manner as municipal taxes, including an administration fee for remedial action, prescribed in the Town s Composite Fee Schedule By-law. 20. EXISTING SIGNS 20. The provisions of this By-law do not apply to any sign that is lawfully erected or displayed on the day the By-law comes into force so long as the sign is not altered. The maintenance and repair of the sign or a change to the message displayed shall not be deemed to constitute an alteration to the sign. 21. REMOVAL 21.1 Where a sign or any part thereof is erected or displayed on or overhanging Public Property in contravention of this By-law, the Officer may remove or cause the sign to be removed immediately without notice to any person In cases of emergency the Officer may cause the immediate removal of an abandoned, dangerous or defective sign without notice. Signs removed in this manner must present an imminent hazard to public safety Where a sign erected on private property does not comply with this By-law or a permit issued under this By-law, the Officer may by notice require the sign owner to bring the sign into conformity in the manner and within the time specified in the notice.

29 Where a sign on private property is not removed or a sign is not brought into conformity with this By-law within the timeframe required by the Officer pursuant to notice given under this By-law the Officer may have the sign removed and the site restored The notice in Section 21.3 may be given: a) by personal service upon the party being served; or b) by prepaid registered mail sent to the last address of the party being served on the records of the Town; or c) By prominently posting a copy of the notice either on the sign in respect of which the notice is given, or on the property upon which the sign is located Where notice is given in accordance with Section 21.5 (b) or (c), it is deemed to have been received by the party being served on the day after the mailing or posting of the notice If the notice is not complied with, the Officer may require that the Town, its employees, or an independent contractor enter upon the land and remove said sign The owner of the sign shall be liable to pay the Town the cost of removal, storage and disposal of the sign. The Town shall recover the related expenses due to remedial action taken, by action, or in the same manner as municipal taxes, including an administration fee for remedial action, prescribed in the Town s Composite Fee Schedule By-law Any signs removed by the Town shall be stored by the Town for a period of ten (10) days, during which time the owner or his agent may be entitled to redeem said sign upon payment of the applicable fee prescribed in the Town s Composite Fee Schedule By-law Where a sign has been removed by the Town and stored for a period of ten (10) days and has not been redeemed, such sign may be destroyed or otherwise disposed of by the Town on authority and direction from the Officer.