"A By-law prohibiting or regulating signs and other advertising devices or any class or classes thereof within the city of Sarnia"

Transcription

1 BY-LAW NUMBER 7...J.-_ OJ' 1993 OF THE CORPORATION OF THE crn OF SARNIA "A By-law prohibiting or regulating signs and other advertising devices or any class or classes thereof within the city of Sarnia" WHEREAS the Municipal Act, R.S.O. 1990, c.m.45 provides, in Paragraph 210(146) thereof, that counc:il may pass by-laws for prohibiting or regulating signs and other advertising devices, or any class thereof; AND WHEREAS it is deemed necessary and expedient to enact a by-law for such purposes; NOW THEREFORE the Municipal council of The Corporation of the city of sarnia enacts as follows: 1. SHORT TITLE This By-law may be cited as the "SIGN BY-LAW". 2 CONFORMITY REQUIREMENT (1) In the city of Sarnia, no person shall erect, display, structurally al te:r or relocate any sign located wholly or partly upon private property unless a permit has been o',btained in compliance with the provisions of this By-law, or such sign is exempted by subsection 4(2) (b) from the requirement for a permit. (2) Notwithstanding subsection 2(1), a change in the message displayed (by a sign) or a change in sign i face does not constitute an alteration so as to require a permit, provided' such sign has been erected in conformity with this By-law. (3) All of the lands within the corporate limits of the city of sarj'lia are subject: to the provisions of this By-law.

2 - 2 - I 3 DEFINl:TIOHS (1) "ANIMATED", when used to describe a type of sign, means a sign with moving sections, parcels or parts, or with flashing, animated or intermittent lighting, or which revolves or oscillates; (2) "BILLBOARD SIGN" means a standardized off-premises sign that is supported by a structure on the ground or supported on the roof of a building; (3) "CANOPY SIGN" means an on-premises sign constructed of fabric, canvas, plastic, vinyl, wood or other similar material that is stretched, fastened or attached to a framing structure such as tubular metal, or wood framing; (4) "CHIEF BUILDING OFFICIAL" means the Chief Building Official of the City of Sarnia and his/her designate; (5) "CITY" means the corporation of the City of Sarnia, as amalgamated; (6) "DIRECTIONAL SIGN" means a sign to give guidance or direction to locations on a site or to caution, advise or restrict movement or activity on a site: (7) "FASCIA SIGN" means an on-premises sign attached to the exterior wall of a building and projecting not more than forty-six centimetres (46 cm) (18") therefrom and with the sign face parallel to the wall of the building or structure; (8) "FREESTANDING SIGN" means an on-premises sign not attached to a building but directly and permanently supported by a structure either in or on the ground, and does not include any sign otherwise defined in this By-law; (9) "OFF-PREMISES", when used to describe a type of sign, means a sign that identifies or directs attention to matters such as, but not limited to, a business, profession, commodity, service or entertainment which is conducted, sold, or offered elsewhere than on the site upon which the sign is located;

3 - 3 - (10) "ON-PREMISES", when used to describe a type of sign, means a sign that identifies or directs attention to matters such as, but not limited to, a business, profession, commodity, service or entertainment which is conducted, sold or offered on the site upon which the sign is located; (11) "PROJECTING SIGN" means an on-premises sign attached to the wall or roof of a building, and projecting more than thirty centimetres (30 cm) from the wall and includes but is not limited to a double-sided sign or an awning or canopy sign; (12) "REAL ESTATE SIGN" means a sign to advertise the sale or leasing of a property; (13) "ROOF SIGN" means an on-premises sign erected upon the roof of the building; (14) "SIGN" means a message board or device bearing a message or advertisement consisting of letters, numbers, symbols or characters, the various materials upon which they are displayed, any internal or external mechanical or electrical parts, and any stiffening bars or ornamental mouldings but shall not include any supports or trusses upon which the sign is supported and shall include a message painted on the wall or roof of a building; (15) "SIGN AREA" means the total surface area of the sign excluding the supporting structure, if any; and in the case of a sign composed only of a group of individual letters, the sign area shall be the area bounded by the outside perimeter of the letters in such group; and the sign area of a sign having two faces which faces are parallel and opposite, is the area of one such face; and the sign area of any other sign is the total of the area of all the faces thereof; (16) "SIGN CLEARANCE" means the vertical distance between the average elevation of the ground beneath the sign and the lowest point of the sign;

4 - 3 - (10) "ON-PREMISES", when used to describe a type of sign, means a sign that identifies or directs attention to matters such as, but not limited to, a business, profession, commodity, service or entertainment which is conducted, sold or offered on the site upon which the sign is located; (11) "PROJECTING SIGN" means an on-premises sign attached to the wall or roof of a building, and projecting more than thirty centimetres (30 cm) from the wall and includes but is not limited to a double-sided sign or an awning or canopy sign; (12) "REAL ESTATE SIGN" means a sign to advertise the sale or leasing of a property; (13) "ROOF SIGN" means an on-premises sign erected upon the roof of the building; (14) "SIGN" means a message board or device bearing a message or advertisement consisting of letters, numbers, symbols or characters, the various materials upon which they are displayed, any internal or external mechanical or electrical parts, and any stiffening bars or ornamental mouldings but shall not include any supports or trusses upon which the sign is supported and shall not include a message painted on the wall or roof of a building; (15) "SIGN AREA" means the total surface area of the sign excluding the supporting structure, if any; and in the case of a sign composed only of a group of individual letters, the sign area shall be the area bounded by the outside perimeter of the letters in such group; and the sign area of a sign having two faces which faces are parallel and opposite, is the area of one such face; and the sign area of any other sign is the total of the area of all the faces thereof; (16) "SIGN CLEARANCE" means the vertical distance between the average elevation of the ground beneath the sign and the lowest point of the sign;

5 - 4 - (17) "SIGN HEIGHT" means the vertical distance between the average elevation of the ground beneath the sign and the highest point of the sign; (18) "SITE" means a parcel of land or several contiguous parcels of land used or occupied, or to be used or occupied, for a use permitted by The city sarnia zoning By-law or by a building and accessory building and the area appurtenant to such buildings; (19) "STREET LINE" means any property line, or part of a property line, that abuts a public street; (20) "TEMPORARY SIGN" means a sign erected to advertise: i) the future use of the lot on which it is ii) (iii) ( iv) erected;.a project on a construction site; a community or public service project; or a special event; (21) "PORTABLE SIGN" means a sign not permanently attached to the ground or to a building and which is specifically designed or intended to be readily moved from one location to another and shall include all signs commonly known as "A-board" or mobile signs, notwithstanding that any running gear has been removed; (22) "ZONE" means an area identified in the city's zoning By-law, as amended from time to time, within which, in accordance with the provisions of such By-law, certain uses of lands are permitted and all other uses are prohibited and the development and use of sites for permitted uses is subject to regulations requiring yard areas, frontage, site area and other features and limiting building height, density, site ooverage and other aspects. 4. ADMINISTRATION (1) The applicant for a permit under this By-law shall file with the Chief Building Offioial the following:

6 - 5 - AImli-cations and drawings: (a) i an application for a sign permit; (b) (c) (d) (el a plan showing the adjacent street lines and other boundaries of the site upon which it is proposed to erect such sign and the location of the sign upon the site in relation to other structures upon such site; complete drawings and specifications, if required by the Chief Building Official, covering the construction of the sign and its supporting framework; If the sign is attached to a Building, the chief Building Official may require drawings and information as necessary to determine that such Building will carry the loads and stresses specified in the ontario Building Code; drawings and specifications required under clauses 4(1)(cl and (d) shall be prepared by an architect or professional engineer where it is: (a) a ground sign which exceeds 7.5m (24 feet 7 inches) in height above the adjacent finished ground; (b) a projecting sign which weighs more than 115 (c) kg (254 lb); or anyone face of a roof sign which exceeds 10m' (108 feet'). A projecting sign shall not be attached or fastened in any manner to a parapet wall unless designed by an architect or professional engineer; (f) plans and drawings required under clauses 4(1) (b), (c) and (d) shall be legible, drawn to scale and in duplicate.

7 - 6 - (2) (a) Penlits No permit shall be issued by the Chief Building official under this By-law until the application for a sign permit has been approved by the Chief Building Official as being in conformity with the ontario Building Code, this By-law and any other applicable law: (b) Exceptions Notwithstanding subsection 2(1) no permit will be required for the erection of the following signs: (i). (ii) an on-premises real estate sign advertising property for sale or lease; an election sign erected in connection with any proclaimed Federal, Provincial or Municipal election; (iii) a directional sign having an area of less than point three square metres (.3m' ) (3.2 (iv) (v) sq. ft.) : an identification sign not larger than point three square metres (. 3m' ) (3.2 sq. ft. ) attached flat to the wall of a non-residential building displaying only the name of the building or business and the municipal address; an identification sign for a dwelling no larger than.15m' (1.6 sq. ft.) displaying only the name of the occupant and the municipal address; (vi) a sign within a building; (vii) a commemorative plaque or cornerstone of a non-advertising nature; (viii) a portable sign when placed on a site for a maximum period of twenty-four hours; (ix) any sign, bill, poster or placard erected or placed by the municipality or any sign upon a bus shelter, bench, utility pole or waste paper container located upon a sidewalk, boulevard, street or other public place in the city of Sarnia under the authority of a (x) by-law of the city; a highway sign erected on any street or highway by the City of sarnia, the County of Lambton, the Province of ontario or the provincial or local police to assist the travelling public; and

8 - 7 - (xi) signs under the jurisdiction of the City of Sarnia or the st. Clair Parkway commission providing information or direction to the travelling public and erected on a city or county right-of-way or public park, provided that prior approval has been received from the Chief Building Official. (3) (al Fee Upon application for a sign permit the applicant shall pay to the Treasurer of the city, the applicable permit fee as set out in the Fees By-Law. (4) Damages The provisions of this By-law do not relieve or limit the responsibility or liability of any person erecting or owning any sign or display for personal injury or property damage resulting from the placing of such sign, or resulting from the negligence or willful acts of such person, his agents or employees, in the construction, erection, maintenance, repair, removal or relocation of any sign erected in accordance with a permit issued hereunder. (5) Penal ties Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is subject to the provisions of the Provincial Offences Act. GENERAL REGULATIONS 5. (1) (a) Unlawful Signs Any owner of the property or any person who: (i) has caused or allowed a sign to be erected, displayed or altered without first having obtained a permit to do so; or

9 - 8 - (ii) having obtained a permit, has caused a sign to be erected, displayed or altered contrary to the approved plans in respect of which the permit was issued, shall make such sign comply with the provisions of this By-law and obtain a sign permit, or shall remove such sigh within seven (7) days of receiving written notice of such violation from the Chief Building Official. (b) Non-conforming signs This By-law shall not be applied so as to require a sign that is lawfully erected or displayed on the day the By-law comes into force, but that does not comply with the By-Iaw,to be made to comply with the By-law or to be removed by the owner or the owner of the site on which it is situate, so long as the sign is not in any way substantially altered, provided that the maintenance and repair of the sign or a change in the message displayed shall not be deemed to constitute an alteration. (c) The property owner is to enter into an indemnification agreement with the City in accordance with the city streets By-law for any sign that projects over or onto City property. (2) (a) Maintenance, Repair or Remoyal of signs The owner, lessee or agent of the site upon which a sign is located shall maintain, or cause such sign to be maintained, in a proper state of repair so that such sign does not become unsafe or dangerous and so that plastic sign face is completely free of holes and cracks. (b) Notwithstanding Clause 5(1)(b) where any sign is in a dangerous or defective condition or location, the Chief Building Official shall notify in writing the owner, lessee or agent of the site upon which such sign is located, forthwith to remove or relocate such sign or place the same in a proper state of repair.

10 - 9 - (c) (d) (e) Where notice has been issued pursuant to Clause 5(2) (b), the owner, lessee or agent of the site shall at once proceed to repair, remove or relocate such sign and if the owner, lessee or agent of the site fails to repair, remove or relocate such sign the Chief Building Official may have such sign removed or relocated, or such repairs made thereto as he deems necessary, and the expense thereof, including costs, shall be recoverable pursuant to section 326 of the Municipal Act and the city's "Enforcement By-Law". Plastic sign faces are to remain intact and in place to cover and protect the electrical components, lamps and sign box from weather elements. Where notice in writing is required to be served under this By-Law, it is sufficiently served if hand delivered or sent by certified mail. Such notice is deemed received immediately if hand delivered, and on the 5th day after mailing if sent by certified mail. (3) Prohibited Signs (a) (b) (c) Notwithstanding any other provisions of this By-law, any sign which creates a traffic hazard by reducing the effectiveness of any traffic signal on any street or otherwise interfering with traffic on any street, in the opinion of the commissioner of Works, is prohibited. Portable signs are not permitted in any Residential Zone for a period in excess of twenty-four hours except that a contractor may display a non-animated sign during the period of renovation or construction of a residence stating only the name and phone number of the contractor. No sign shall be attached to or placed upon a building utility pole, light standard, in such a manner as to obstruct any fire escape or to interfere in any way with the work of the Fire Department of the city in case of a fire.

11 (d) (e) Trucks, transport trailers, wagons, motor vehicles to which signs are attached or painted and intended for advertising purposes shall only be parked on private property in a single legal parking spot. },nimated signs are not permitted in any zone. 6. DIRECTI()NAL SIGN (1) Permitted }. directional sign may be located in any zone. (2) Setbacks A directional sign having an area in excess of point three square metres (.3m') (3.23 sq.ft.) or a height in excess of seventy-five centimetres (75cm) (29!,,") shall not be placed closer than: (a) three metres (3m) (9'11") to a street line; or {b) six metres (6m) (19'8") to the intersection of two streetlines. 7 FASCIA HIGN AND CANOPy SIGN (1) permitted A fascia sign may be located in any zone, provided 1~hat within any Residential Zone a fascia sign, other than an identification sign, as permitted under section 4(2) (v), shall not be attached to a single detached, semi-detached or duplex dwelling. (2) Elevation (a) A fascia sign which projects over a pedestrian walkway shall have a minimum Sign Clearance of two point four metres (2.4m) (b) (7'10") ; A fascia sign erected within point six metres (.6m) (2'0") of the vehicular travelled portion of a private driveway or a motor vehicle parking area shall have a minimum Sign Clearance of four point two five metres (4.25m) (14'0");

12 I 8 FREE S'~ANDING SIGNS I (1) Permitted A freestanding sign may be located in any zone, provided that, within any Residential Zone, a freestanding sign other than an identification sign shall.not be erected on the site of a single detached, semi-detached or duplex dwelling. (2) Setbacks A freestanding sign shall not be located closer. than: (a) (b) three metres (3m) (9'11") to a Street Line; except that a Freestanding sign, having a minimum sign Clearance of two point four metres (2.4m) (7'10") and which is supported by supports having a maximum width of thirty-eight centimetres (38cm) (18") and which does not have a base, sign support or ornamental features which will create a view obstruction for motorists, may be located closer than three metres (3m) (9'11") to a Street Line; or six metres (6m) (19'8") to an intersection of two street Lines; except that a Freestanding Sign, having a minimum clearance of three metres (3m) (9'11") and which is supported by supports having a maximum width of thirty-eight centimetres (38cm) (18") and which does not have a base, sign support or ornamental features which will create a view obstruction for motorists, may be erected closer than six metres (6m) (19'8") to an intersection of two street Lines. (3) Height A Freestanding sign shall not have a height greater than: (a) ten metres (10m) (32'10") in any Industrial Zone, and

13 1 -- " (b) five metres (5m) (16'5") plus one metre (1m) (3' 3") for every ten metres (10m) (32'10") of frontage, or major portion thereof, in excess of ten metres (lorn) (32'10") to a maximum height of eight metres (8m) (26'3") in all other zones. (4) ~ 'I'here shall not be more than one Freestanding Sign on a site, except as follows: (a) where there is more than one business establishment on a site and the frontage of the site exceeds fifty metres (50m) (164'0"), one Freestanding Sign for every fifty metres (50m) (164'0") of frontage. or major portion thereof is permitted: and (b) where a site is a corner site or a through site one freestanding sign along each street frontage is permitted. (5) pize The area of a Freestanding sign shall not exceed: (a) twenty-five square metres (25m') (269 sq. ft.) in any Industrial Zone:,:b) fifteen square metres (15m') (161 sq.ft.) in any commercial, Institutional or Open Space (c) Zone: and two square metres (2m') in any Residential Zone. 9. PROJECTING SIGNS ( 1) Permi tted A projecting sign shall only be located in a Commercial or Industrial Zone. (2) l~etback (a) A projecting sign shall not be placed closer than six metres (6m) (19'-8") to an intersection of two street lines: (b) a projecting sign: (i) shall not project more than two metres (2m) (6;-7 11 ) into a required front or side yard building setback as set out in the city's Zoning By-law: and

14 (ii) (iii) shall not project over any City street or walkway: except that, within thelrc" Zone, set out in By-law Number 8506 as amended, a projecting sign having two sides may project not more than 2 metres (6'-7") over a city street or walkway, when measured from the limit of such street or walkway. signs which encroach over a City right-of-way must conform to the City's streets By-law Number 145 of (c) (d) Area the sign Area of a projecting sign shall be a maximum of 1.5 square metres (16 sq.ft.): width the width between the faces of a projecting sign shall not exceed 0.3 metres (12"). (3) Elevation A projecting sign shall have a minimum Sign ctearance of two point five metres (2.5m) (8'2") except that a projecting sign erected within point six metres (.6m) (2'0") of the vehicular travelled portion of a private driveway or a motor vehicle parking area shall have a minimum Sign Clearance of four point two five metres (4.25m) (13'-11"). (4) Number There shall not be more than one (1) Projecting Sign on a Site, except as follows: (a) where there is more than one business establishment on a Site and the frontage of the site exceeds fifty metres (50m) (164'0"), one projecting sign for every fifty metres (50m) (164'0") of frontage or major portion thereof is permitted; and (b) where a site is a corner or a through site one projecting sign along each street frontage is permitted.

15 RQOF Sr(~ : (1) permitted A roof sign may be located in the "RC" Zone as set out in By-law Number 8506 as amended, and in any I ndustrial Zone. (2) Size The area of a roof sign shall not exceed twenty-five square metres (25m') (269 sq.ft.). (3) Height The height of a roof sign shall not exceed six metres (6m) (19'8") above the mean level of the :coof of the building upon which it is erected. 11. TEMPO~RY SIGNS (1) Permitted A temporary sign is permitted in all Zones. (2) Size 'rhe area of a temporary sign shall not exceed five square metres (5m' ) (54 sq. ft. ). (3) Removal A temporary sign shall be removed within thirty days of the completion of the construction, special.event or project to which it applies. 12. PORTABLE SIGN (1) Permitted A portable sign shall only be placed on a Site within a Commercial or Industrial Zone. (2) Placement A portable sign shall not be located on a Municipal street Allowance and shall be located so as not to impede the visibility of vehicular and pedestrian traffic, in the opinion of the commissioner of Works.

16 (3) Size 'A portable sign shall not exceed five square metres (5m') (53.8 sq. ft.) in area. (4) Number jthere shall not be more than one portable sign on a ISite, except that, where there is more than one Ibusiness establishment on a site, each business!establishment will be permitted one portable sign. (5)!!portable signs shall not have flashing, animated or intermittent lighting which revolves or oscillates ' including flashing arrows. 13. BILLBOARD SIGNS (1) Permitted A Billboard Sign shall only be located on a site zoned "C3", "RC", "M1" OR "M2", as defined under Zoning By-law 8506 as amended OR within an Agricultural, Commercial or Industrial zoning under By-law 80 of 1980; (2) setback,a Billboard sign shall not be located closer than: (a) (b). the required front or side yard building setback as the case may be, from a street line for the site upon which the billboard is to be erected as set out in the City of sarnia zoning By-laws, or fifteen metres (15m) to a Residential Zone. A Billboard sign shall not be located closer than fifteen metres (15m) to any other billboard sign, except that two billboard signs may be placed adjacent to each other on the same site, provided the overall length of the twinned billboard signs does not exceed fifteen metres (15m) and the twinned billboard signs are not located closer than thirty metres (30m) to any other billboard sign. (3) Height The height of a billboard sign in the "C3" and "RC" zones shall not exceed seven metres (7m), and in all other zones where billboards are permitted shall not exceed ten metres (10m).

17 (4) Size The area of a billboard si~rn twenty-five square metres (25m'). shall not exceed (5) Additional Restrictions A billboard sign shall, (a) not be attached to t:he roof of a building, and (b) notwithstanding Sub~\ection 13 (2) in any area where the st. Clair parkway commission provides unobstructhd viewing of the st. clair River or Sarnia Bay, be located in such a way that the view remains unobstructed. 14. This By-LaW repeals By-Laws 8689 and 9464 of the former City of Sarnia, and By-Laws 16 of 1984, 18 of 1986, 105 of 1986 and 60 of 1989 of the former Town of Clearwater, all as amended. 15. This By-law comes into force and Hffect upon being finally passed. FINALLY PASSED this \ \ T \\ day of d A"-.!v A {<.. '/, Doc: C:\BY-LAW\SIGN_C01-DW-DF

18 BY-LAW NUMBER J OF 1993 OF THE CITY OF SARNIA "A By-Law prohibiting or regulating signs and other advertising devices or any class or classes thereof within the City of Sarnia" READINGS: FIRST: c:jilnllllo/ I', k39t; SECONo=JANtlAI1.Lj \, I THIRD:~''-'''At<y 1<=\'13 II, \9'12> THE CORPORATION OF SARNIA Legal Services city Hall Sarnia, Ontario N7T 7N2 OF THE CITY (VMG:df)