Loading...
HomeMy WebLinkAboutPSD-079-09~~~~°~ RE P ORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 14, 2009 ~e 5o~cx~~ one C,I PA - ~R I " ~`~ Report #: PSD-079-09 File #: PLN 8.11.1 By-law #: '` 20 ~ ~ - l ~~j'I Subject: CLARINGTON SIGN BY-LAW ~`o D~ ' 12v~ RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administrative Committee recommend to Council the following: 1. THAT Report PSD-079-09 be APPROVED; 2. THAT the Sign By-law contained in Attachment 1 to PSD-079-09 be PASSED and come into effect January 1, 2010; 3. THAT By-law 97-157 be REPEALED effective December 31, 2009; 4. THAT consideration of the content of Section 8.4 Election Signs of the By-law contained in Attachment 1 be deferred until Council is able to hold a meeting for the purpose of educating and training the members of Council concerning municipal election matters; 5. THAT subsequent to the meeting of Council referred to in Recommendation 4, the Municipal Clerk report to Council on the content of Section 8.4 Election Signs; 6. THAT the Mobile Sign Business Licensing By-law contained in Attachment 3 to PSD-079-09 be PASSED and come into effect January 1, 2010; and 7. THAT all interested parties listed for this report and any delegations be advised of Council's decision. Submitted by: ~~~ Reviewed by:~ r ~ ~~ David J. G e, MCIP, RPP Franklin Wu Director; Pla Wing Services Chief Administrative Officer 8 September 2009 IL/FL/DC/df CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREEj, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-079.09 PAGE 2 1.0 BACKGROUND 1.1 The review of the Municipality's current Sign By-law 97-157 began with background research and analysis which included: • reviewing the current Sign By-law • reviewing other municipal by-laws that may affect signage • reviewing regional and provincial regulation for signage • examining the sign by-laws of other municipalities • researching the recent court decisions in regards to freedom of expression • reviewing the Municipal Act's provisions • determining the applicable policies within the Clarington Official Plan, Corporate Strategic Business Plan, Community Improvement Plans, and Urban Design Guidelines • reviewing past applications for sign by-law amendments and variances, and consulting with sign by-law administrators in other municipalities This information and analysis has been used as the basis for the preparation of the proposed Sign By-law (Attachment 1). The Sign By-law is the result of the joint efforts of Planning Services, Municipal Law Enforcement, our consultant Martin Rendl and has been reviewed by the Municipal Solicitor. 2.0 PUBLIC CONSULTATION 2.1 Public consultation is a key factor in determining community expectation in regards to signage and in preparing a Sign By-law that is specific to Clarington. There have been 5 stages to the public consultation for the Sign By-law review. A full explanation of the first four steps of the public consultation process was set out in Report PSD-051-09: • Public Consultation Paper • Open Houses • Interviews and Meetings (Councillors, stakeholders, signage company representatives) • Sign Preference Survey • Release of Draft Sign By-law and Public Meeting This report addresses the comments received on the Draft Sign By-law and recommends further refinements as noted in Attachment 2. 2.2 Public Meeting In order to allow for an opportunity for comments to be received on the draft Sign By-law a Public Meeting was scheduled for May 25, 2009. The Municipal Act does not require that a Public Meeting be held prior to the adoption of a Sign By- law. However, the Municipality wanted to provide the public with an opportunity to review and comment on the draft by-law. REPORT NO.: PSD-079-09 PAGE 3 The Public Meeting report addressed the following issues: • The objectives to be achieved through the approval of a new Sign By-law • The Official Plan polices and urban design standards that support the proposed regulations • Changes in sign production methods and image display technology • Variance and amendment applications • Responsibilities for regulation and enforcement • Public complaints • Grandfathering of signs • Comments received through the public consultation process • Enforcement costs • The Road Occupancy By-law • Signs on municipal lands • Licensing of mobile sign companies Martin Rendl, the Municipality's consultant, provided a presentation regarding the Sign By-law review process and the proposed changes and regulations. Four members of the public spoke in regards to the proposed Sign By-Law. Dave Davidson stated that he understands that businesses need to advertise but the proliferation of signage is not the answer. He expressed concerns over the number of signs along Regional Road 57 and Longworth Avenue, suggested an inventory be conducted of sign permits issued; and commented that the number of days election signs can be posted should be reduced from the six weeks permitted currently, not increased to 70 days as proposed. Daryl McMasters, owner of Little Caesar's Pizza in Bowmanville, questioned why he could not have signs shaken by his employees when similar types of signs were being used in other locations such as Oshawa. He has laid off sixteen youth employees as a result. When questioned by Council, Mr. McMasters stated that the length of time that election signs should be posted should remain at six weeks. Jill Cooke of Forsey Signs stated that she is in support of not permitting mobile signs to contain fluorescent lettering and limiting their size to 4 ft x 8 ft. She stated that the appearance of signs should be addressed, especially within the heritage areas, and that signs which do not look .'good' should not be grandfathered. She noted that mobile signs are located off site at the customers' request and she would like this addressed by leasing sites to sign companies. She encouraged the Municipality to pursue the licensing of mobile sign companies. In regards to election signs, they should be permitted to be installed 20 days before the mail-in voting date and if the municipality selects another method of voting then the six week timeframe should remain. Ron Cooke of Forsey Signs stated that small businesses rely on off-site signs as they cannot afford newspaper advertising. He requested that Council consider the effects on businesses, he suggested the Municipality designate areas within the Municipality where mobile signs could be displayed to assist these small businesses in advertising. REPORT NO.: PSD-079«09 PAGE 4 2.3 Public Meeting Issues Mobile Sign Issues One of the biggest sign issues noted throughout the Sign By-law review was that there are too many mobile signs. As a number of these signs are being installed without permits, many are in prohibited locations. Many of the mobile signs along Regional Road 57 and Longworth Avenue have been installed without sign permits and in some cases without the permission of the owner. They are located within the road allowance, on vacant private property, on vacant municipal property, or on plaza developments. The current Sign By-law 97-157 does not permit mobile signs on vacant land, and although the Road Occupancy By-law does permit temporary signs, mobile signs are not permitted within the road allowance. Regional Road 57 and other main roads are Regional roads; the Region of Durham maintains the same policy as the municipality, mobile signs are not permitted within the road allowance. The proposed changes to the Sign By-law and the introduction of a licensing system for mobile signage companies will assist with the overall enforcement. In the existing Sign By-law only one mobile sign is permitted per property, including multi-business plaza developments. The message on the sign must relate to the product or service available at that location and there are specific regulations in regards to size, location, and the length of time the sign is permitted to be on the lot. The May 15~h draft Sign By-law proposed that one mobile sign be permitted per single business property and the number of mobile signs for multi-business properties be determined by the amount of store-front street frontage. One mobile sign per 50 metres of frontage was suggested and has now been refined to one per 75 metres with a maximum of 3 mobile signs per property. This increase was proposed to address the desire expressed by business owners, that limiting multi-business properties to one sign per property was too restrictive and not meeting the requirements of business owners. Permitting one mobile sign per single business site, and permitting amulti- business site to have more than one mobile sign based on the lot frontage, with a maximum of three, will give business owners the opportunity to advertise while controlling the number of signs and their placement along the street. Forsey Signs (Ron and Jill Cooke) on behalf of their customers have requested that locations be designated for off-site mobile signs. There are several mobile sign companies that install mobile signs within Clarington. Should designated areas be defined, a tendering process would need to be established in order. to determine which companies could install signs at these locations and for what time period. A monitoring program would be required. The concept and implementation of leased and designated sites is outside the Sign By-law. Should Council wish to pursue this suggestion a specific report addressing the issues surrounding the siting of potential locations and tendering process with the input of all the affected departments including Corporate Services and Engineering Services would be appropriate. Separate designated areas for off-site mobile signs while desired by some businesses would have a number of issues associated with their implementation. It is staffs opinion that there is sufficient opportunity for business signage on properties on which businesses are located and other means of advertising available. REPORT NO.: PSD-079-09 PAGE 5 Sign Appearance Jill Cooke stated that the appearance of signs should be addressed within the heritage areas and that signs that do not have a 'good' appearance should not be grandfathered. The proposed Sign By-law contains special regulations for Heritage Resource Areas, which are the older downtown cores of Bowmanville, Orono, and Newcastle Village. Within these areas larger signs such as billboards, monolith, pylon and subdivision development direction signs are not permitted. Electronic message board signs are not permitted and the size of ground signs and real estate signs are limited. Special provisions are included in Section 8 of the Sign By-law in regards to preferred sign materials and lighting, to assist in maintaining the heritage character of the buildings and surrounding area. Animated Signs Daryl McMaster of Little Caesar's inquired as to why the signs shaken by his employees at the Bowmanville store were not permitted but were permitted in other locations. These types of signs are carried by people that generally stand on the sidewalk within the municipal road allowance and are shaken to attract the attention of motorists. There is a Little Caesar's in Courtice close to Townline Road, and in Oshawa on Simcoe Street. Both locations have employees that shake signs in the road allowance. No complaint has been filed in regards to the Courtice site and Oshawa staff have confirmed that their Sign By-law does not regulate these types of signs so they are not asking the sign shaking to cease. In June of 2008 the Municipal Law Enforcement Division received a complaint in regards to Little Caesar's signs that were been shaken by employees on both the north and south sides of King Street in front of the Bowmanville Mall. The McMasters were notified that their employees were not permitted to'occupy the road allowance without obtaining a road occupancy permit. It was suggested that they could file an application to permit these signs on the Bowmanville Mall property. Planning staff spoke with Mrs. McMaster and informed her that the current Sign By-law does not include any provisions in regards to these types of signs, that the Municipality was undergoing a review of the Sign By-law and that the signs would be considered during the review process. As no guarantee could be given as to whether these signs would be permitted in the new Sign By-law, it was suggested that an amendment application be filed to the existing Sign By-law. No application was received. Staff have addressed these signs within the new Sign By-law by including them under the animated signs definition as "a sign which is manually displayed by an individual for the purposes of advertising". The Sign By-law does not permit them as a right anywhere within the Municipality. Should a business or property owner wish to have these types of sign on their property they will need. to file an application fora Sign By-law amendment for that particular property. The amendment application will only deal with signage on private property and will not address signs within the road allowance. Should the McMasters wish to obtain approval to have their employees shake signs within the road allowance REPORT NO.: PSD-079.09 PAGE 6 they will need to obtain a Road Occupancy permit from the Engineering Services Department as well as apply for a Sign By-law amendment. Election Signs Election signs are temporary signs erected by candidates during the period of a federal, provincial or municipal election or by-election. Many of the complaints received by the Municipality have been in relation to election signs. During the open houses there was much discussion on election signs. The size and requirements for election signage have not been raised as an issue rather it is the timing of when election signs can be installed, the number and location. Many of the complaints received by Municipal Law Enforcement relate to the installation of election signs on road allowances and the proliferation of them during elections. The specific clauses for campaign offices in the current By-law did not relate to the land use, causing confusion and it is recommended they be removed. The new Sign By-law proposed the following: i) Election signs associated with a federal or provincial election shall not be erected earlier than the date of notice of the dropping of the writ for any federal or provincial election. ii) Election signs associated with a municipal election shall not be erected or displayed any earlier than 70 days before voting day. iii) Election signs shall be removed within forty-eight (48) hours after voting day. iv) Election signs shall be erected only on private property. The owner's permission is required. v) Election signs shall not be erected in a road allowance. vi) The maximum size of a campaign office sign will be based on the type of sign being used and requested in relation to the land use. In response to the questions raised on election signs during the General Purpose and Administrative Committee meeting on June 1St, 2009 Council passed the following: THAT the Municipal Clerk be directed to arrange for and schedule a Special Meeting of Council for the purpose of educating members of Council on the methods of conducting the 2010 Municipal Elections under consideration, including signage; and THAT this Special Meeting be open to the public. Staff have removed the regulations in regards to election signs from the Sign By- law in Attachment 1 pending the Special Meeting of Council. Once Council has met, a report will be brought forward to Council to address the Election Sign section of the By-law. Two letters requesting that road allowance be available for the use of federal political parties during elections have been received and will have to be considered prior to any recommendations being brought forward. It is anticipated that the report regarding election signage will be brought forward prior to the January 1, 2010 enactment date of the new Sign By-law. REPORT NO.: PSD-079-09 PAGE 7 Grandfathering With regard to grandfathering signs, any sign that was legally erected under the existing Sign By-law 97-157 or lawfully displayed will be considered legal under the new Sign By-law even if the regulations in regards to the type of sign have changed. For example, if a temporary sign permit was issued for a mobile sign on a property and the sign contains fluorescent lettering, the sign will be considered to be legal even if the new Sign By-law states that fluorescent lettering is prohibited. A business owner can have one mobile sign on a property for 60 days. Then the sign must be removed for a period of 60 days. A sign with fluorescent lettering will eventually have to be removed and any mobile sign that replaces it will not be permitted to have fluorescent lettering. 3.0 UPDATES TO THE DRAFT SIGN BY-LAW 3.1 The draft Sign By-law has continued to be available for comment and review since it was presented at the Public Meeting in May. Specific comments have been provided by the Municipal Law Enforcement Division. Three new sign types have been added, which are explained below, the number of mobile signs permitted on amulti-business property has been reduced, and a complete list of the changes and additions to the draft Sign By-law based on the comments submitted are detailed in Attachment 2. 3.2 Community Theme Signs Community theme signs are signs that identify subdivision developments. They are generally located at the main entrance into the development adjacent to an arterial road. A community theme package is to be submitted for review as part of the plan of subdivision approval process. The package is to include details on street trees, street signs, street furniture, fencing, and entrance features such as community theme signs. In order to provide guidance for the review of community theme signs it is necessary to include regulations for these signs within the Sign By-law. 7 7 \A.JR .._:a n__:r__a:_i r:___ REPORT NO.: PSD-079-09 PAGE 8 3.3 Multi-unit Residential Signs These types of signs generally identify medium density townhouse blocks within plans of subdivision or identify condominium developments and they are similar to Community Theme signs in appearance. The placement of the sign is regulated through the site plan approval process. The new Sign By-law contains provisions addressing these types of signs as detailed in Attachment 2. 3.4 Flag Signs Developers often use flags as a means of drawing attention to their sales office sites. These flags can contain the development's logo or words of an advertising nature. As such, they are considered signs and regulations to govern their size and number have been included in the Sign By-law. 3.5 Mobile Signs A concern has been raised in regards to the number of mobile signs proposed to be permitted on multi-business properties. The draft Sign By-law had proposed one mobile sign per 50 metres of store-front frontage. Further review has determined that one mobile sign per 75 metres of store-front frontage would be a more appropriate number, with a maximum of three per property. For example, the property located at the southwest corner of Clarington Blvd. and Highway 2, exclusive of Loblaws, is a large L-shaped site with seventeen stores that face both streets. There is a total of approximately 375 metres of frontage along the two streets. At one per 50 metres of frontage 7 mobile signs could be on display at any one time. Having this many mobile signs scattered along the road frontages would not be visually attractive. It is proposed that the permitted number be reduced to one per 75 metres of frontage with a maximum of three for the entire site which should. be sufficient to accommodate the businesses' needs 4.0 OTHER MATTERS 4.1 Licensing of Mobile Sign Companies The potential for licensing of mobile sign companies was raised during the public consultation process and the local mobile sign companies have indicated that they would be in support of licensing regulation. The Clerks Department has prepared a Mobile Sign Business Licensing By-law for Council's consideration at this meeting (Attachment 3). Enactment of the By-law would mean that a sign company must obtain a license prior to leasing, renting or placing a mobile sign within Clarington. In addition, approval of a sign permit application would be required prior to a mobile sign being erected or placed. Mobile sign companies would be required to carry sufficient insurance and each mobile sign would have to display the name, address, and telephone number of the sign company. REPORT NO.: PSD-079-09 PAGE 9 Several municipalities in Ontario have successfully implemented licensing of sign companies that lease or rent mobile signs: Requiring that licenses be obtained will serve to educate the sign companies on the regulations that are applicable within Clarington, will provide the opportunity for staff to maintain regular contact with the sign company owners, and will provide the Municipality with additional enforcement opportunities should a mobile sign be erected without the proper approval. 4.2 Timing of Enactment of the Sign By-law Existing signs that have been lawfully erected (e.g. permit obtained and meet the Regulations of Sign Bylaw 97-157) are grandfathered under section 6.2 of the proposed Sign By-law. To provide sign companies, businesses and property owners the opportunity to bring any signs that may not meet the regulations under the proposed Sign By-law into compliance, it is recommended that the by- law be approved but not come into force until January 1, 2010. Upon Council's approval of this report staff will be conducting a community notification program which will include advertising the Sign By-law's approval and effective date and the opportunity to bring existing signs into compliance with the current or proposed by-law. Local sign companies will be individually notified. Property owners and/or businesses that have installed signs that have not obtained permits will not become legal under the new Sign By-law unless they obtain a permit prior to January 15~, 2010. Property owners that do not obtain the appropriate approvals will not be in compliance with the new Sign By-law after January 15~, 2010 and will either have to apply for an amendment to the Sign By- law, remove their sign or seek approvals under the new regulations. 4.3 Enforcement Procedures As is the case with other municipal trade licensing by-laws, Municipal Law Enforcement staff have indicated that they will begin a program of targeted enforcement in regards to the proposed by-law. Once the by-law comes into effect on January 15~ staff will begin work on enforcing the provisions of the by- law first on mobile signs which are not licenced under the proposed Mobile Sign Licensing By-law and then those signs of licenced companies that are improperly displayed or displayed in areas which do not have Municipal approval. In the case of mobile signs, if the subject has a history of non- compliance staff may have the signs removed forthwith and have the costs assessed against the owner. In the course of enforcing the sign by-law, violators will be given the opportunity to remove any illegal signs. Staff will not be entering onto private property to remove permanent signs. Any permanent sign violations will be dealt with through charges laid pursuant to the by-law. REPORT NO.: PSD-079-09 PAGE 10 5.0 CONCLUSION 5.1 A comprehensive review of the existing Sign By-law 97-157 has been completed. The regulations contained within the proposed Sign By-law (Attachment 1) are based on significant background research and analysis, considerable public consultation, and input from the Municipal Law Enforcement Division and the Municipality's Solicitor. Staff are satisfied that the regulations contained within the Sign By-law will assist in achieving the Municipality's objective of maintaining community character and preserving the rural landscape while permitting businesses appropriate signage opportunities. 5.2 The Municipality is currently undergoing a review of the Clarington Official Plan which involves some site specific studies and additional urban design principles. The Official Plan review and other planning studies may require amendments to the Sign By-law in the future. 5.3 The proposed by-law to licence the leasing and renting of mobile signs within the Municipality will assist with the enforcement of illegal signs. The licensing process will also afford the opportunity for staff to advise those sign companies who are carrying on business within the Municipality on the requirements of correctly placing their signs and ensuring they obtain si n permits. Attachments: Attachment 1 -Sign By-law Attachment 2 -Changes to the draft Sign By-law May 15th, 2009 Attachment 3 -Mobile Sign Business Licensing By-law REPORT NO.: PSD-079-09 INTERESTED PARTIES LIST Interested parties to be notified of Council's decision Henk Mulder Ian Smith Judy Climenhage Mark Stanisz Marion Manders Victor Humphreys Elva Reid Lou Stravakos Sue Wiegard Bob Stephenson John Slater H. E. Horricks, Karen Lowery Arthur Wynn James & Susan Dacosta Glenda Gies Gord Whealy Marg Zwart Gord Lee Clayton Morgan Carol Lamont Greg and Louise Pillippe Jill Cook John Clark Joyce Kufta & Carl Good Jennifer McMaster Rod McArthur Michael Cortellucci Murray Paterson Derrick Schiavi Ken Donaldson John Bugelli Dave Rickard Gordon Paul Sierd De Jong Ellen Cowan Robert Forget Bill Humber Melanie McArthur Valentine Lovekin John Mutton Donna Donaldson Nancy Mullette Enzo Jackie Nixon Dan Hennessy Ernie Roberts Dani & Alan Robins Ted Watson Donna Petrie Sheila Hall Kelly Forbes Dave Reesor David Stuckless Garth Gilpin Barbara Tannyan Gillian Bellefontaine Lisa Reis Tom Barrie Vortex Signs Dave Davidson Louis Bertrand Wayne Clark J. Warren Fromm Steven Kay Vicki Gunn Phylliss Kaffko Newcastle CIP Focus Group Scott Taylor Orono CIP Focus Group Allison Hunter Clarington Heritage Committee Wendy Boyer Clarington Agricultural Advisory Vicki Tynkslink Committee Bill Vanderherberg Durham Region Association of Realtors THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON r-~nacnment ~ To Report PSD-079-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. WHEREAS. Section 11 of the Municipal Act, 2001, Chapter 25, as amended establishes a sphere of jurisdiction of municipalities; AND WHEREAS the Table contained in Section 11 of the Municipal Act, 2001, identifies signs as being within the non-exclusive sphere of jurisdiction of upper-tier and lower-tier municipalities; AND WHEREAS the Municipality of Clarington is a lower-tier municipality which under sub section 11.3 of the Municipal Act, 2001 has authority to pass by-laws within the sphere of jurisdiction "structures including fences and signs"; AND WHEREAS Section 391 of the Municipal Act, 2001, provides that municipalities may pass by-laws imposing fees or charges on persons for services or activities provided by a municipality; NOW THEREFORE the Municipal Council of The Corporation of the Municipality of Clarington enacts as follows: SECTION 1 -SCOPE OF BY-LAW 1.1 Short Title of By-law This By-law and any amendments thereto shall be known as the "Clarington Sign By-law." 1.2 Purpose of the By-law The purpose of this By-law is to: a) regulate signs placed on lands, buildings, and other structures within the corporate limits of the Municipality of Clarington; and b) to implement the policies of the Clarington Official Plan and Urban Design Guidelines. 1.3 Legislative Authority This By-law is passed by the Council of The Municipality of Clarington pursuant to the provisions of the Municipal Act, 2001, as amended. 1.4 Area of Applicability This By-law applies to the lands in The Municipality of Clarington. 1.5 Compliance with By-law No person shall hereafter erect or display or cause or permit to be erected or displayed a sign except in conformity with the provisions of this By-law. 1.6 Contents of By-law All references in the By-law to sections, regulations, exceptions, Tables, figures, schedules and maps, refer to those in this By-law unless othervvise indicated. 1.7 Lawful Non-Conforming Signs The provisions of this By-law shall not apply to a sign or the use of an existing sign that was lawfully erected on or before the day this By-law comes into force if the sign is not substantially altered and the maintenance and repair of the sign or a Chanoe In th P. meSSAnP nr Cl111}Pill riicnhverl ie rloomerl ....11.. Is....R a,. ,.....~a.a..a_ Page 2 a change in the message or content displayed is deemed not in itself to constitute a substantial alteration. 1.8 Relation to Other Government Requirements (Compliance with Other Regulations) 1.8.1 This By-law shall not be construed so as to reduce or mitigate restrictions or regulations for any sign that are lawfully imposed by the Municipality, or by any governmental authority having jurisdiction to make such restrictions or regulations. 1.8.2 Compliance with this By-law does not relieve a property owner from complying with: a) the requirements of the Ontario Building Code; b) the requirements of any federal, provincial, regional, or conservation authority legislation or regulations; or any By-law of the Municipality provided that in the event of a conflict between any of the provisions of this By-law and By-law 83-57, the Road Occupancy By-law, as amended, the provisions of the Road Occupancy By-law, or its successor, shall prevail. SECTION 2 INTERPRETATION OF BY-LAW 2.1 The terms set out below shall have the following meanings in this By-law "ALLOWED" means allowed by this By-law. "ALTER" means any change to a sign including the addition or removal or rearrangement of parts, but excluding the changing of copy or the replacement of similar parts for maintenance purposes. "ATTIC" means the portion of a building situated wholly or in part under a roof, but which is not astorey or aone-half storey. "BASEMENT" means the portion of a building between two floor levels that has less than 50% of its height below the average finished grade of the lot on which the building is located. The term basement shall not include a cellar. "BUILDING" means a structure used for the shelter, accommodation or enclosure of persons, animals, goods, materials or equipment that is supported by columns or walls, has one or more floors, is covered by a roof and is permanently affixed to the land. "BUSINESS" means an establishment in which one or more persons are employed in conducting, managing; or administering a business. The term business includes the administrative offices of a government agency, anon-profit organization, or a charitable organization. "CANOPY" means any structure which projects from the exterior face of a buitding wall and extends across part or all of that exterior face of a building wall or is a self- supporting unenclosed structure. "CELLAR" means the portion of a building between two floor levels that has 50% or more of is height below the average finished grade of the tot on which the buitding is located. The term cellar shall not include a basement. "COMMERCIAL" means, for the purposes of this By-law, a use which includes tourism uses. "COMMUNITY BULLETIN BOARD" means a bulletin board erected by the Municipality for the purpose of providing a display surface for posters. "COMMUNITY FACILITIES" means and shall include such uses as post offices, places of worship, cemeteries, community centres, fire and police stations, libraries, art and cultural facilities, and day care centres. Page 3 "CONSERVATION AUTHORITY" means a conservation authority having jurisdiction in the Municipality of Clarington. The term conservation authohty shall include the Central Lake Ontario Conservation, the Ganaraska Region Conservation Authority, the Kawartha Region Conservation Authority, and the Otonabee Region Conservation Authority. "COPY" means the wording, letters, numerals, graphics, logos, and artwork of a sign, on the displaysurface and is either permanent or removable. "COUNCIL" means the Council of The Corporation of the Municipality of Clarington. "COURTICE WEST SHOPPING DISTRICT (CWSD)" means the area identified in Schedule 2 contained in and forming part of this By-law. "DISPLAY SURFACE" means the surface of the sign, upon, against, or through which the copy of the sign is displayed. °DRIVEWAY" means that portion of a lot designed to provide motor vehicle access from the !ot to the traveled portion of the street, private road or Pane. "ERECT" means display, attach, affix, post, alfer, construct, place, locate, install or relocate. "FACADE" means the exterior wall of a building facing a street or private road. • "Principal FaSade" In the case of a building located on an exterior lot or a through lot, the facade within which the principal entrance to the building is located. • "Building Fagade Area" The entire surface area of the iagade including windows and doors. "FINISHED GRADE" means the lowest of the levels of finished ground adjacent to the location of the sign, exclusive of any artrficial embankment. "HERITAGE RESOURCE AREA (HRA)" means the areas identified in Schedule 1 contained in and forming part of this By-law. "HOME INDUSTRY" means a small scale industrial operation that is carried on in accordance with the provisions of the Municipality's zoning by-laws, as accessory to a permitted single detached dwelling. "HOME OCCUPATION" means an occupation or business that is carried on in accordance will all provisions of the Municipality's by-laws within a dwelling as accessory to a permitted residential use. "INDUSTRIAL" means a use that includes the assembly or processing of substances, goods or raw materials related to the manufacture or fabrication of finished goods, warehousing or bulk storage of goods, and may include accessory uses such as storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By-law. "INSPECTOR" means any Municipal Law Enforcement Officer or any other inspector appointed by Council pursuant to a by-law. "INSTITUTIONAL" means a use that includes community facilities, parks, schools under the jurisdiction of a board, government offices and hospitals. "LANE" means a road owned by the Municipality that provides either the primary access to abutting lots or the secondary access to abutting lots where the primary access/frontage is available from a street. The term lane shall not include a streef. "LOT" means a parcel of land within a ranistPrad nlan of cnhrlivic in..... ~..,, i~..a wh..a Page 4 "LOT" means a parcel of land within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in Section 5D (3)(b) or section 50 (5)(a) of the Planning Act, or a remnant of a lot that. remains in private ownership after part of the lot has been expropriated. Exterior Lot A !ot situated at the intersection of and abutting upon two streets, a street, and a private road, two private roads or the same street or private road, provided that the interior angle of the intersection of the street lines is not more than 135 degrees. Inthe case of a curved corner, the interior angle of the intersection shall be measured as the angle formed by the intersection of the extension of each of the street lines. STREET lPR/VATS ROAD STREET LINE Ar ~ ''SO crr,U FoRe M FFs BOILDINC • Interior Lot A lot other than an exteriorlot or a through tot. ~T BF F~ 9 i~ vT N ? O P~F, ~O • Through Lot A lot bounded on two opposite lot lines by streets and/or private roads. A lot that qualifies as both an exterior lot and a through lot shall be deemed to be an exterior lot. "LOT LINE" means any boundary of a !of or the vertical projection thereof. • Exterior Side Lot Line Aside lot fine abutting a street or private road on an exterior lot Front Lot Line In the case of an inferior lot, a lot line dividing the lot from the street or private road shall be deemed to be a front !ot line. In the case of an exterior lot, the shorter lot line abutting a street or private road shall be deemed to be a front lot line, and the longer lot line abutting a street or private road shall be deemed to be an exterior side !ot line. In the case of a through lot whether w not such lot is deemed to be an exterior lot, the !ot line where the principal access to the lot is provided shall be deemed to be a front lot line. • Interior Side Lot Line Aside lot line that is not an exterior side lot line • Rear Lot Line A tot line (or point of intersection of the side lot lines furthest from and opposite to the front lot line. • Side Lot Line A lot line other than a front lot line or a rearlot line. "Mf1T(1R VFHICI pn ,..e ...... .... ....._~_~.~_ ._.. _~. Page 5 "MOTOR VEHICLE" means an automobile, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven by other than muscular power. "MUNICIPAL AGREEMENT" means an agreement made with The Corporation of the Municipality of Clarington. "MUNICIPALITY" means The Corporation of the Municipality of Clarington, "MUNICIPALITY'S ZONING BY-LAW" means Zoning By-law 84-63 as amended and Zoning By-law 2005-109 as amended or replaced from time to time. "MURAL" means a painting, illustration, or decoration applied to a free standing sign or the exterior wall of a building and that is otherwise not a sign as defined by this ey-law. "OWNER" means the registered owner of the premises upon which any sign or sign structure is located, and includes any person described on a sign or whose name or .address or telephone number appears on the sign, or who has installed the sign, or who is in lawful control of the sign, or who benefits from the message on the sign, or has permitted the sign to be erected or used and for the purposes of this By-law there may be more than one owner of a sign. "PERSON" means, but is not limited to an individual, sole proprietorship, partnership, association, or corporation. "PREMISES" means a lot or a building or a part of a lot or building. "PRIVATE ROAD" means a road, the fee simple of which is owned by a single person, that is subject to one or more easements registered against title in favour of one or more abutting lots to which the easements are appurtenant. Such easements entitle the owners of the lots to use the private road for the purposes of access to and from the lots. The term private road includes a private road shown on a registered plan of condominium plan but does not include aright-of-way, a street or a lane. "PROPERTY" means a parcel of land having specific boundaries, which is capable of legal transfer. "PROVINCE" means the Province or Government of Ontario, the word "Provincial" shall have the same meaning as Province. "PUBLIC AUTHORITY" means any department or agency of the Municipality of Clarington, the Regional Municipality of Durham, a conservation authority, the Province or Government of Ontario, or the Government of Canada. "REGION" means The Corporation of the Regional Municipality of Durham, the word Regional shall have the same meaning as Region. "RIGHT-OF-WAY" is an area of land on which has been created and registered against the title of the lof on which it is located, perpetual easements appurtenant to one or more lots that provide access to such lots to a street. The term right-of--way shall not include a private road. "ROAD ALLOWANCE" shall have a corresponding meaning to that of a street "SIGN" means any visual medium used to convey information by way of words, pictures, images, graphics, emblems, or symbols, or any device used for the purpose of providing direction, identification, advertisement, business promotion, or the promotion of a person, product, activity, service, event or idea. • "A-Board Sign" means a freestanding temporary sign with no more than two faces joined at the top of the sign that is intended for temporary use during the hours of the business to which it applies and that is constructed in a manner and of materials such that it can be placed and moved manually by a person without mechanical aid. (T--Board and Sandwich Board signs have the same definition) Page 6 • "Animated Sign" means a sign which contains a video screen or any kinetic or illusionary motion of all or part of a sign, including rotations; or any sign which is manually displayed by an individual for the purposes of advertising, or any sign which is projected on a display surface by electronic means, but does not include an electronic message board sign or a spinning portable sign. • "Barn Sign" means a sign affixed parallel to a wall or roof of a farm structure and which identifies the name of the occupant and/or of the farm on which said farm structure is located, but.shall not be a roof sign as defined in this By-law. • "Billboard Sign" means an outdoor sign erected and maintained by a person, firm, corporation, or business 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. • "Canopy Sign" means a sign which is contained within or affixed to the surface of a canopy and which does not project beyond the limits of the surtace of the canopy. • "Community Theme Sign" means a sign erected on a property adjacent to an arterial road allowance, as indicated in the Clarington Official Plan, which identifies the name of the subdivision development. • "Directional Sign" means a sign erected on a property to identify an entrance, exit, or area for the purpose of directing persons and/or regulating the movement of traffic or pedestrians on a property. • "Election Sign" means a temporary sign advertising any political party or candidate participating in the election for public office. • "Electronic Message Board Sign" means a sign which has messages displayed by electronic means. • "Flag Sign" means a sign made of cloth or lightweight material attachable by one edge to a pole or rope. • "Ground Sign" means a sign permanently affixed to the ground by one or more self-supporting poles or supported by afree-standing masonry structure.. • "Inflatable Sign" means a sign which is designed to be inflated by air or other gas and is designed to be airborne or tethered to the ground, a vehicle, or any other structure. Seasonal items that do not contain any copy of an advertising nature are not considered to be signs. • "Illuminated Sign" means a sign lit by artificial light which is direct, indirect, internal or external to the sign. • "Menu Board Sign" means a sign erected as part of adrive-through facility and used to display and order products and services available from adrive-through business. • "Mobile Sign" means a temporary sign .which is not permanently affixed to the ground or to any structure, and typically designed for the rearrangement of copy of the sign face, and which is capable of being readily moved from one location to another, and may be part of or attached to a wheeled trailer or frame without wheels in such a manner so as to be able to be moved from place to place.. • "Monolith Sign" means a sign permanently affixed to the ground by a solid continuous base that is equal to the width of the sign. • "Multi-Unit Residential Sign" means a sign erected on a property to identify the name of the multi-unit residential development. • "Off-Site f)irecfinnal Sinn^ moa ne a Ginn nrnviriinn rlirorrinnc Tn Tho cifo urhero o Page 7 • "Off-Site Directional Sign" means a sign providing directions to the site where a business or service is located. • "Off-Site Directional Tourism Sign" means a sign for the purpose of only identifying a name of a tourism destination, business or service and providing directions to the tourism destination; business or service and shall be erected in compliance with a Municipal Agreement. • "Overhanging Sign" means a sign not directly supported from the ground but generally erected perpendicular to a supporting building wall, but shall not be a watt sign as defined in this By-law. • "Permanent Sign" means a sign permanently erected on or affixed to a premises. • "Personal Sign" means a temporary sign used for a personal announcement or congratulatory message which is located on a property zoned for residential uses. • "Poster Sign" means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, handbill, leaflet, notice, or placard. • "Pre-Menu Board Sign" means a sign erected as part of adrive-through facility and only used to display products and services available at the drive-through business. • "Portable Sign" means a sign not permanently attached to the ground or a permanent structure and which is designed to be moved readily and manually by one person from one location to another, and includes signs commonly referred to as A-Board, T-frame, Personal and sandwich board. • "Projection Sign" means a sign that is displayed on a surtace, buitding, or structure, by the projection of a beam of light or other source of illumination. • "Promotional Construction Sign" means a sign advertising construction, reconstruction, repair, renovation and/or development and may include the name of the project, the name of firms and personnel related to the project. • "Promotional Subdivision Development Direction Sign" means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. • "Public Use Sign" means a sign erected by or under the jurisdiction of a Public Authority. • "Pylon Sign" means a sign supported by one or more poles and with an open base. • "Real Estate Sign" means a sign located on a property for the purpose of announcing the sale, lease, or rental of such property or building or part of a building located thereon. • "Roof Sign" means a sign the entire face of which is above the lowest point at which the roof meets the buitding. • "Sandwich Board Sign" means a freestanding temporary sign with no more than two faces joined at the top of the sign that is intended for temporary use during the hours ofthe business to which it applies and that is constructed in a manner and of materials such that it can be placed and moved manually by a person without mechanical aid. (A-Board and T-Board signs have the same definition). • "$nhTIIVISinn rlovclnmm~nT Ci .... .........~ ,. ...,._ .~_a _~__1__-- ., Page 8 • "Subdivision Development Sign" means a sign that advertises the sale of properties within a plan of subdivision, plan of condominium or proposed plan of condominium but not the realtor's, developer's or landowner's business in general. • "T-Board Sign" means a freestanding temporary sign with no more than two faces joined at the top of the sign that is intended for temporary use during the hours of the business to which it applies and that is constructed in a manner and of materials such that it can be placed and moved manually by a person without mechanical aid. (A-Board and Sandwich Board signs have the same definition). • "Temporary Sign" means a sign which is erected without foundations and is not affixed to any other building, or structure on which an activity or event that is transitory or not permanent in nature is advertised. • "Traffic Control Sign" means a sign erected under the jurisdiction of the Highway Traffic Act or the manual of Uniform Traffic Control Devices for the purpose of regulating traffic on streets. • "Transit Shelter Sign" means a sign located in or on a transit shelter. • "VehiclelTrailer Sign" means a sign which is painted on or affixed to a motor vehicle or trailer which is parked and visible from a public right-of-way and its intended use is as a sign, unless said vehicle or trailer is used in the normal day- to-day operation of the business. • "Wall Sign" means a sign which is painted on or permanently affixed to a single wall of a building or structure. • "Window Sign" means a sign within a building which is located within 1.0 metre of a window and is intended primarily to be visible from a street or parking area. "SIGN, ABANDONED" means a sign which located on premises which becomes vacant and unoccupied for a period of ninety (90) days or more, or any sign that pertains to a time, event, or purpose that no longer applies. "SIGN AREA" means: i) in the case of a sign having one display surface, the area of the display surface; ii) in the case of a sign having two display surfaces, which are separated by the thickness of the sign structure and the thickness is not used as a display surface, the area of one display surface; iii) in the case of a free standing number, letter, picture, image, graphic, emblem, symbol, or shape, the smallest rectangle which will enclose the number, letter, picture, image, graphic, emblem, symbol, or shape. SIGN AREA MEASNRED BY DIGPLAYSURFACE u ~® ~~ SIGN AREA MEASURED BY FREE STgNDING LETERING, ETC. IICIf~~I LICII~LJTII .-- ~L_ .._.~: _, ~' ~____ c .~. ~ .. Page 9 "SIGN, HEIGHT" means the vertical distance from the ground on which the sign is erected to the highest physical point of the sign. "SIGN, LENGTH" means the horizontal distance between the extremities of the sign. "SIGN PERMIT" means a permit issued under this By-law. "SIGN SUPPORT STRUCTURE" means the framework, bracing and support of a sign. "STOREY" means the portion of a building, other than an attic, basement or cellar, included between any floor level and the floor, ceiling or roof next above it. A mezzanine shall be deemed to be a storey. • One-Half Storey means a storey located wholly or in part under a sloping roof in which there is sufficient space to provide a height between finished floor and finished ceiling of at least 2.3 metres over a floor area equal to at least 50% of the floor area. of the storey immediately below. "STREET" means a road or public highway under the jurisdiction of the Municipality or the Region or the Province of Ontario that is maintained so as to allow normal use by motor vehicles, or a road or public highway located within a registered plan of subdivision that has not yet been assumed by a public authority. The term street shall not include a lane. "STREET LINE" means the limit of a street, private road or lane. "STRUCTURE" means aman-made construction that is fixed to the ground or attached to another structure on a temporary or permanent basis. "USE" means the uses allowed in the Municipality's Zoning By-law and as identified in the Tables of this By-law. "VACANT LAND" means a property that does not contain any buildings or structures: "VISIBILITY TRIANGLE" means atriangular-shaped area of land abutting a lane, street or private road that is required to be kept free of obstructions that could impede the vision of a pedestrian or the driver of a motor vehicle exiting onto or driving on the lane, street or private road. As illustrated, a visibility triangle shall be determined as follows: a) the visibility triangle adjacent to an exterior side lot line shall be the area enclosed by each of the street lines measured to a point specified in the applicable Municipal Zoning By-law back from the intersection of the street fines, and a diagonal line drawn between these two points: b) the visibility triangle from a driveway, lane, or right-of way shall be the area enclosed by the line along the limits of the driveway and the street line measured to a point 3.0 metres back from the intersection of the street lines and the limit of the driveway, lane, or right-of--way and a diagonal line drawn between these two points. c) the visibility triangle extends beyond private property into the road allowance as illustrated Page 10 .Y1j eTREEY/PaIVAT680AD a * ~ , ~.~.~ ..... . . {~ srrt~Iluva . * C e~crenloR sDM I.or I.uvc tl .. 1 VISDiQ.ITY TRIANGLE WPrRQY ROAD ALLOWANCE ~_:_ VI~II,ITY TRIANGLE ON A CORNER LOT ~ ;~~ VI$iBII.17'Y TRIANGLE WIT[$~ ROAD ALLOWANCE ,~ VI6I8ILI7'Y TRIANGLE ADTACENT A DRIVEWAY F ~ 3m la 5 n aa.. F DEIV&WAY ~:: [;-.> E PAOPIDITY LIN& m * V73IBII.ITY TRIANGLE MEASUREMENT s m ~ WII.L VARY DEPENDING ON THE / APPROPRIATE MUNICIPAL ZONING BY-LAW 2.2 The Tables contained in this By-law form part of this By-law. A reference in the By-law to a Table shall be deemed to be a reference to a Table contained in the By-law. 2.3 Notwithstanding Section 2.2, terms defined in this By-law are capitalized, italicized and underlined for the purposes of convenience only. If a term defined by this By- law is not capitalized, italicized andlor underlined, the definitions provided in Section 2.1 shall apply when consistent with the context. 2.4 In this By-law, reference to the masculine includes the feminine and corporations regardless of which term in question appears. 2.5 In this By-law, reference to the singular includes the plural. 2.6 All measurements and dimensions in this By-law are expressed in metric. 2.7 Schedule 1 and 2 to this By-law shall be interpreted as if they are contained in the text of the By-law. SECTION 3 ADMINISTRATIVE PROVISIONS 3.1 The Planning Services Department and the Municipal Law Enforcement Division of the Municipality shall be responsible for the administration and enforcement of this By-law, respectively. 3.2 Except for signs otherwise exempted in this By-law from the requirement for a sign permit, no person shall erect, keep, or maintain a sign on any premises unless a sign permit is obtained from the Municipality prior to the erection or use of the sign. 3.3 Every person applying for a sign permit shall apply on the application form or forms as may be prescribed by the Municipatity and shall submit the required plans and information and pay the applicable fees. 3.4 The Municipality shall refund the fees paid for a sign permit where the applicant in writing requests a refund and the Municipality has not commenced its review of the sign permit application for compliance with this By-law. Z G Thcrc cr.~ll Ho .... mfi ,nrl of Fcc~ ..,4.v..,~ Page 11 3.5 There shall be no refund of fees where: i) the Municipality has issued the sign permit as the result of false, mistaken, incorrect, or misleading information, statements, or undertakings on the application; or, ii) the sign for which the sign permit application is made, has been erected, located, or displayed prior to the issuance of the sign permit, or iii) where the Municipality has already commenced the review. 3.6 Where the applicant for a sign permit is not the owner of the premises where the sign is to be erected, the applicant shall provide written authorization from the owner of the premises where the sign is to be erected. 3.7 A sign permit shall be refused if the proposed sign does not comply with this By- law and all other applicable law. 3.8 A sign permit may be revoked where the sign permit was issued as the result of false, mistaken, incorrect, or misleading information, statements, or undertakings on the application, or if the sign has not been installed in compliance with the sign permit. 3.9 Where a sign is subject to the regulations of a public authority other than the Municipality by virtue of its location or type: i) An applicant for the sign shall provide the Municipality with the written permission of the public authority having jurisdiction prior to making an application to the Municipality for a sign permit; and, ii) Approval of the sign by a public authority does not exempt the sign from having to comply with the provisions of this By-law. 3.10 Every sign permit issued by the Municipality for a permanent sign shall expire six (6) months from the date of issuance unless the sign is erected for its intended purpose and the sign permit shall become null and void upon the removal of the sign. 3.11 No sign permit is required to erect the following signs provided the signs otherwise comply with the applicable provisions of this By-law: i) Election signs; ii) Real Estate signs; iii) Personal signs; iv) Portable signs; v) Promotional Construction Direction signs; vi) A sign having a sign area less than 0.10 m2 (e.g. poster). 3.12 The following signs shall be exempt from the provisions of this By-law: i) Public use signs including signs required by and approved by the Municipality to inform the public of planning applications; ii) Flags or emblems of patriotic, civic, educational or religious organizations; iii) Commemorative plaques or corner stones that do not advertise; iv) Murals that do not advertise. 4.0 ENFORCEMENT PROVISIONS 4.1 Any sign erected in contravention of any provision of this By-law may be removed by the Municipality immediately without notice, if such sign is located wholly or partially on or over a road apowance or on any other lands owned by or under the jurisdiction of the Municipality. 4.2 The Municipal Law Enforcement Officer may cause a notice to be sent to any owner of a property, owner of a sign, or to both, by means of registered mail or by hand delivery where any sign is found to be in contravention of any provision of this Municipal By-law. d 3 4nv Sinn ric}armincrf by fho AA, ,..inin~l I ~... C..f ..............a nrs:__- a_ ~_ ._ Page 12 4.3 Any sign determined by the Municipal Law Enforcement Officer to be in contravention of any provision of this By-law may be removed without notice and such sign may be disposed of or impounded at the direction of the Municipal Law Enforcement Officer. 4.4 Any sign impounded by the Municipality shall be held for a period of thirty (3D) calendar days from the date of the sign being impounded and at 12:01 a.m. of the thirty first (31~') day the sign, if not released to the owner upon payment of the expenses incurred by the Municipality, may be disposed of in a manner at the discretion of the Municipal Law Enforcement Officer, without compensation or notice to any person. 4.5 The reasonable expense as determined by the Municipal Clerk for the removal and disposal of any sign removed by the Municipality shall be the responsibility of the sign's owner and such costs are recoverable under the authority of the Municipal Act, 2001, as amended. 5.0 PROHIBITIONS 5.1 No person shall erect, use or maintain, or cause or permit to be erected, used or maintained any of the following signs: i) A sign located on premises which does not specifically identify or advertise a business, service, or occupant of the premises where it is located, unless otherwise specified in this By-law; ii) Roofsign, except a bam sign; iii) Vehicle/rrailersign on non-motorized vehicles where the purpose of the sign meets the definition of a sign under this By-law; iv) A sign which may cause confusion with a traffic control sign or a traffic control signal; v) A sign located above the first storey of a building; vi) Abandoned signs. 5.2 Prohibited locations i) No sign or sign support structure shall be located in a manner which, in the opinion of the inspector, impedes the necessary view of a pedestrian or motorist; ii) No person shall locate a sign in a manner which obstructs or impedes any fire escape, fire hydrant, fire exit or door, any window required for natural ventilation or natural lighting or required as an emergency escape, or a fire fighter's access panel or skylight, or so as to prevent or impede free access from or to any part of a building, and no sign can be placed within one (1) metre of any fire escape, fire hydrant, fire exit or door, any window required for natural ventilation or natural lighting or required as an emergency escape; or a fire fighter's access panel or skylight, or so as to prevent or impede free access from or to any part of a building if the sign will impede visibility or access. iii) No person shall erect a sign which obstructs or otherwise impedes the utilization of a parking space, loading space, driveway or aisle unless additional parking spaces or loading spaces are provided to comply with the requirements and regulations of the Municipality; iv) No person shall locate a sign which obstructs or impedes the functioning of any flue or air intake, or any exhaust system; v) No person shall nail, screw, tape or otherwise fasten a sign to a tree, fence or fence post other than a no trespass sign; vi) No person shall erect a sign less than 1.0 metre from a street line; vii) No person shall erect a sign higher than 0.75 metres within 3.0 metres of any road allowance where the sign may impede vision of an access from any improved public street to any lot; viii) No person shall erect a sign within any road allowance other than a Transit shelter sign, a bench sign or garbage can sign installed by Municipal agreement, a portable sign, or an off--site directional tourism sign; ix) No person shall erect a sign within a visibility triangle. -... .. ...-..~ .... .........n.n..m ri.n w~ ~ c~nue Page 13 SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 6.1 Where a sign is illuminated, the sign and source of illumination shall be designed and located so as to prevent light trespass beyond the sign support structure and/or display surface area. Night sky friendly lights, down-lights that are of a full cut-off design, goose neck lights, and back lights are the preferred lighting methods, unless otherwise noted in this By-law. 6.2 Nothing in this By-law applies to a sign that is lawfully erected on the day this By- law comes into force, provided the sign is not altered in any way. The maintenance and repair of the sign or a change in the message displayed shall be deemed not to in itself constitute an alteration. 6.3 In the event a sign that is lawfully erected on the day this By-law comes into force is altered or removed, all applicable provisions of this By-law shall apply. 6.4 In the event that an existing building is located within. a road allowance, signs are allowed on the fagade of the building within the road allowance subject to complying with all the provisions of this By-law. SECTION 7 ALLOWED SIGNS 7.1 Section 7 and Section 8 of this By-law are interdependent and shall be read together. 7.2 If a sign is specifically defined in this By-law, but not listed as an allowed sign in any table, then the sign shall not be allowed. 7.3 A sign that is listed in a Table as being allowed shall only be allowed if it satisfies all applicable provisions of this By-law. 7.4 In the Tables to this ey-law, the letter "A" indicates a particular sign that is allowed. The letter "N" indicates a particular sign is not allowed. 7.5 For the purposes of this By-law, the type of sign allowed on a property is based on the use of the property. The following land uses which are permitted on particular lands by the Municipality's Zoning ey-!aware identified in the Tables to this By-law: RES residential IND industrial COM commercial INS institutional AGR agricultural 7.6 Two special areas have been identified in Schedules 1 and 2, attached as part of this By-law, Heritage Resource Areas (HRA) and the Courtice West Shopping District (CWSD) respectively. Table 1 also shows the sign type allowed in the HRA or CWSD, notwithstanding the use of the property or building as set out in the previous section 7.5. 7.7 The sign types listed in Column 1 of Table 1 -Signs Allowed by Property Use below, shall only be allowed in the property use category (Column 3). The section of this By-law applicable to each sign type is set out ih Column 2. 7.8 SIGNS ALLOWED BY PROPERTY USE The sign and conditions under which they are allowed in property use categories shall be in compliance with Table 1 -Signs Allowed By Property Use. Page 14 TABLE 4-SIGNS ALLOWED BY PROPERTY USt 'Column 1.' ColumnR Column 3' PROPERTY USE CATEGORY Sign Type Section RES IND COM INS AGR 1 HRA 2 CWSD Billboard Sin 8.1 N N N N A N N Cano Sin 8.2 A A A A A A A Community Theme Si n 8.3 A N N N N N N Directions! Sin n/a A A A A A A A Election Sin 8.4 Electronic Message Board 8.5 N A A A N N A Ground Sin 8.6 A A A A A A A Fla Si n 8.7 A N N N N N N Inflatable Sin 8.9 N N A N N N N Menu Board Sin n/a N N A N N N A Mobile Sin 8.9 N A A A A N A Monolith/P Ion Sin 8.10 N A A A N N N Multi-Unit Residential Si n 8.11 A N N N N N N OK-Site-0irectional Si n n/a N A A N A N A Overhan in Sin 8.12 N N N N N A N Portable Sin 8.13 A A A A A A A Poster 8.14 A A A A A A A Pre-menu Board Sin n/a N N A N N N A Promotional Subdivision Development Direction Si n 8.15 A A A A A A A Promotional Construction Si n 8.16 A A A A A A A Real Estate Sin n!a A A A A A A A Roof Sin 8.17 N N N N A N N Subdivision Develo ment Si n 8.18 A A A N N N N Wall Sin 8.19 A A A A A A A Wrndow Sign n!a A A A A A A A N =Not Allowed A =Allowed 1. See Section 8.21 2. See Section 8.20 +n n~nv~em mn r.u rencoo no mr_n~c Page 15 7.9 MAXIMUM NUMBER OF SIGNS The maximum number of signs allowed on a property shall be in compliance with Table 2 -Maximum Number of Signs Allowed on a Property. TABLE 2 - ' MAXIMUM NUMBER OF SIGNS ALLOWED ON APROPERTY'~ Si d.T a Number Allowed Billboard Sin 1 Canopy Sign 1 per each side of a first floor entrance andlor window 1 er side of the motor vehicfe service station cano ies Communit Theme Sin 2 er arterial road allowance entrance Directional Sin No maximum Election Si n Electronic Messa e Board 1 as art of a round, lon, or monolith si n F!a Sin 1 er 7.5 metres of road allowance fronta e Ground Sign 1 per property provided there is no pylon sign or monolith si n Inflatable Sin 1 Menu Board Sin 1 er drive throu h facilit Monoli[hlP !on Sin 1 er ro ert rovided there is no round si n Mobile Sign 1 per single business property 1 per 75 metres of store-front frontage for multi-business ro erties to a maximum of 3 Multi-Unit Residential Sin 1 er multi-unit develo ment site Off-Site Directional Sin 1 Overhan in Sin 1 Portable Sin 1 Poster No maximum, 1 er structure Pre-menu t3oard Sin 1 er drive throw h facilit Promotional Subdivision Develo ment Direction Si n 1 Promotional. Construction Si n 1 Real Estate Sin 1 er lot fronta e Roof si n 1 Subdivision Development Si n 1 per road frontage of draft plan of subdivision site Wall Sign 1 per residential property Unlimited for all other uses Window Sin 1 A maximum of 1 permanent or Temporary sign is allowed per home occupation or home industry. ,.n n~nvunr rnn mr_u nocn Page 16 7.10 MAXIMUM SIGN AREA The maximum area of a sign shall comply with Table 3 -Maximum Sign Area. '! ~ .-TABLE3 . MAXIMUM SIGN AREA ""~ PROPERTY USE SIGNTYPE RES IND COM INS AGR HRA CWSD Billboard Sin N N N N 18 m N N Canopy Sign 20%of the Canopy Area Community Theme Sign 75% of N display surface Directional Siyn 0.3 m' Election Sign Electronic Message Board N 50% of the area of a N N 50% of the Sign ground, pylon, or monolith, area of a sign ground, pylon, or monolith, si n Flag Sign 0.60 m N Ground Sign 0.55 m' 3.75 m~ 1.5m 3.75 m~ Inflatable Sign N N 6.75 m~ N N N N Menu Board N N 4.0 m~ N N 4.0 m Mobile Sign N 3.D m N 3.0 m MonolifhlPylon Sign N 7.5 m' N N N 9 m2 for multi-tenant property with buildings from 5001-8000 m' floor area 11 m2 for multi-tenant property with buildings 8001 m'+ floor area Multi-Unit Residential Sign 75% of N drsplay surface OH-Site Directional Sign N 1.5 m N 1.5 m Overhanging Sign N N N N N 1.0 m N Portable Sign 1.0 m~ Poster 0.1 m~ Pre-menu Board Sign N N 2.0 m' N N N 2.0 m Promotional Subdivision 1.0 m~ Development Direction Sign Promotional Construction 6.0 m' Sign Real Estate Sign 0.55 m' 2.75 m~ 2.75 m' 2.75 m' 2.75 m 0.55 m' 2.75 m~ Roo(Sign N N N N 20 % of N N roof area Subdivision Development 10 m2 10m2 10m2 N N N N Si n Wall Sign 0.55 m~ 15% of building facade area for one storey building or barn 10% of building facade area for two storey and higher building or barn 40% of the building facade area facing the front lot line and/or exterior lot line for subdivision sales offices Window Sign 10% of 50% of window area distributed across 100% of the glass window residential building in the CWSD and HRA are allowed 10 % of area the window area Agricultural building are allowed 10% of the window area N =Not Allowed +++ nnnvleen~n mr_u uolr_ur Page 17 7.11 MAXIMUM SIGN HEIGHT The maximum height of a sign shall comply with Table 4 -Maximum Height. TABLE 4 - MAXIMUM.HEIGHT .SIGN TYPE `' MAX HEIGHT Billboard Sin 7.5 m Communit Theme Sin 1.8m Ground Sin 3.Om` Inflatable Sin 2.7 m MenuiPre-menu Board Sin 2.5 m Mobile Sin 2.D m MonolithlP Ion Sin 7.5 m Multi-Unit Residential Sin 1.8m Portable Sin 1.25m Promotional Construction 7.Sm Subdivision Develo ment Sin 7.5 m * Maximum height for residential ground signs is 1.0 metre. SECTION 8 SPECIFIC SIGN REGULATIONS 8.1 Billboard Signs i) Billboard signs shall only be allowed along the Highway 351115 corridor from Highway 2 northward to the City of Kawartha Lakes boundary and are limited to the portions of private property that are within 400 metres of the Highway road allowance. ii) A billboard sign shall not be located, erected or displayed within 400 metres of any other billboard sign. iii) A billboard sign is limited to one display surface only. iv) Animated signs are not allowed as billboard signs. v) All billboards signs within 400 metres of Highway 35/115 shall require the approval of a permit issued by the Ministry of Transportation in addition to the Municipality of Clarington. 8.2 Canopy Signs i) Motor vehicle service station fueling areas may have 1 sign on each side of fueling area canopies. 8.3 Community Theme Signs i) The. sign display surface may be a maximum of 25% of the sign support structure. ii) The sign copy may be a maximum of 75% of the sign display surface. iii) The maximum width of the sign support structure is 4.5 metres. iv) The maximum height of the sign support structure is 1.8 metres. If the sign support structure is incorporated into a noise fence requirement, the height of the sign support structure can be the same height as the noise fence. COPY ~ SupWnSbucM1Ue ~-Olsplay SUrlem CL...H...~ C{~.~c Page 18 8.4 Election Signs 8.5 Electronic Message Board Signs i) The minimum display time for any electronic message, without movement or change in colour, shall be thirty (30) seconds, and the intensity of the illumination shall be maintained at a constant level. 8.6 Flag Signs i) All flag signs are to be removed within thirty (30) days after the date of the last sale of the last property within the plan of subdivision. 8.7 Ground Signs i) All ground signs outside of residential areas must include the municipal street address if the sign is located on the street frontage pertaining to the street address. ii) The maximum height of a ground sign on a residential property is 1.0 metre. 8.8 Inflatable Signs i) Inflatable signs are. allowed on a property for a maximum of seven (7) consecutive days. A maximum of two (2) sign permits will be issued per property, for a total of fourteen (14) days, per calendar year. All inflatable signs are to maintain a setback of 3.0 metres from any property line. All are to be secured to a fixed base and liability insurance may be required. ii) The maximum width of an inflatable sign is 2.5 metres. iii) Inflatable signs are not allowed on roofs. 8.9 Mobile Signs Mobile signs shall be erected in compliance with the following: i) A maximum of three (3) sign permits may be issued within a twelve (12) month period for the same business provided that a minimum sixty (60) days has elapsed between the expiry of the last sign permit and the mobile sign has been removed; ii) A sign permit for a mobile sign shall expire sixty (60) days after the erection date specified on the sign permit. Where an erection date is not specified, the effective date for the purpose of this section shall be the date the sign permit is issued; iii) Upon expiry of a sign permit for a mobile sign, the sign must be removed within twenty-four (24) hours and the Municipality must be informed of the removal of the mobile sign. If the mobile sign is not removed in compliance with this By-law, the Municipality may remove the sign in accordance with Section 4; iv) In no case shall any person erect a mobile and portable sign at the same time on the same property; v) Mobile signs are not allowed on vacant land; vi) Home occupations or home industries are not allowed to have a mobile sign; vii) No person shall rent a mobile sign from a person that is not licensed under a by-law of the Municipality to carry on the business of renting mobile signs; viii) If the mobile sign is rented, the name and telephone number of the owner of the mobile sign must 6e on the sign structure and easily read; ix) Fluorescent colours are prohibited on a sign area. o ee nn...,,.naaro.d..., c:..n~ Page 19 8.10 MonolithlPylon Signs i) Monolith or pylon signs can be are allowed. The regulations height and size. used as ground signs where ground signs for ground signs will apply in regards to ii) All monolith and pylon signs must include the municipal street address if the sign is located on the street frontage pertaining to the street address. iii) Monolith signs shall not have a sign display surface located lower than 1.5 metres above finished grade. iv) Pylon signs shall not have a sign display surface located lower than 2.44 metres above finished grade. v) No monolithipylon sign is permitted for any building located within 6 metres of a toad allowance. 8.11 Multi-Unit Residential Signs i) The sign display surface may be a maximum of 25% of the sign support structure as shown in Section 8.3. iv) The sign copy may be a maximum of 75% of the sign display surface. v) The maximum width of the sign support structure is 4.5 metres. iv) The maximum height of the sign support structure is 1.8 metres. If the sign support structure is incorporated into a noise fence requirement, the height of the sign support structure can be the same height as the noise fence. 8.12 Overhanging Signs Overhanging signs shall be erected in compliance with the following: i) No overhanging sign shall be erected less than 2.5 metres above finished grade or the surface of the road allowance or public sidewalk; ii) Every owner of an overhanging sign shall carry adequate liability insurance for any such sign and that insurance coverage shall also name the- Municipality as an additional insured, where the ovefiangfng sign is over a road allowance; iii) Prior to the issuance of a Sign Permit, a Road Occupancy permit will be obtained for the installation of signs overhanging a road allowance, if required; iv) An overhanging sign that weighs more than 115 kg will require a building permit. 8.13 Portable Signs Portable signs shall be erected in compliance with the following: i) A portable sign shall only be used and displayed during the actual hours of operation of the business that it is advertising; ii) No portable sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; iii) In no case shall a person erect a portable sign and a mobile sign at the same time on the same property. 8.14 Poster Signs Poster signs shall be erected in compliance with the following: i) A poster sign shall be displayed for a maximum of 21 days and not more than three days after the end of an advertised event; ii) The Municipality may remove and dispose of a poster sign without notice or compensation to any person. n I~ n_~~~4:....r1 C..I..I:......rr flr..rlnrmnn{ 1linnr{inn CInnC Page 20 8.15 Promotional Subdivision Development Direction Signs Promotional Subdivision Development Direction signs shall be erected in compliance with the following: The sign shall only be used and displayed during the actual hours of operation of the subdivision sales office during week days; and signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than one (1.0) metre to the curb, or where there are no curbs, three (3.0) metres from the edge of the travelled portion of the street and that such signs are removed no later than 08:00 hours (8:00 a.m.) on each Monday. ii) No Promotional Subdivision Development Direction sign shall be located in a manner that restricts the free and safe movement for any pedestrian, vehicle- or other conveyance on any sidewalk, path, road allowance or driveway, or in a manner which impedes vision; iii) In no case shall a person erect a Promotional Subdivision Development Direction sign and a mobile sign at the same time on the same property. 8.16 Promotional Construction Signs i) Promotional construction signs shall be removed within thirty (30) days of the completion of the project. 8.17 Roof Signs i) Roof signs shall only be allowed as a barn sign on an agricultural use property. 8.18 Subdivision Development Signs i) A subdivision development sign shall not be erected until the subdivision being advertised has been draft approved and must be located on the plan of subdivision site. ii) A subdivision development sign shall be removed within thirty (30) days after the date of the sale of the last property within the plan of subdivision. iii) A Performance Guarantee will 6e required as part of the. subdivision development agreement. 8.19 Wall Signs i) A wall sign cannot project more than 0.3 metres from the wall of a building or structure. 8.20 Heritage Resource Area Signs i) Signs within the Heritage Resource Areas identified in Schedule 1 to this By-law shall comply with the provision of any applicable Community Improvement Plan. ii) No person shall erect a sign which disfigures or conceals any significant architectural feature of a building, and no person shall erect a sign which distracts from the heritage nature of the surrounding area. iii) Preferred sign materials include wood (painted, carved or cutout letters) and metal (porcelain coated, photo or line-etched, engraved or brass letters). Alternative material may be considered, provided that they maintain the heritage character of the streetscape. The colour and design of a sign shall be sympathetic and compatible with the surrounding area. iv) Ambient, overhead, gooseneck or low-key lighting should be used for exterior lighting of all signs, regardless of the age of the building. 8.21 Agricultural Signs Along Provincial Highways A permit is not required from the Ministry of Transportation for properties within 400 metres of a Provincial highway as set out in Bill 98, regardless a municipal sign permit is required. Page 21 SECTION 9 EXCEPTIONS BY AMENDMENT 9.1 Two ground identification signs may be permitted at 234 King Street East, Bowmanville. 9.2 A 1.48 m~ on-site directional sign may be permitted on the rear wall of the structure referred to as "Williams Coffee Pub" located at 1414 Highway 2, Courtice (PD-45-99). 9.3 .The allowable size of three wall signs may be increased, being specifically 12.3% on the north wall, 12.3% on the south wall, and 11.4% on the east wall of the structure referred to as "Payless Shoe Source' located at 70 Clarington Boulevard, Bowmanville (PD-79-99). 9.4 Aground sign with a total sign area of 2.0 m' located at 84 Mill Street South, Newcastle United Church, Newcastle (PSD-095-02). 9.5 A second ground sign on the property located at 105 Clarington Boulevard, Bowmanville, with a height of 3.20 metres and a total sign area of 1.92 m' (PSD- 051-02). 9.6 An 8.92 m~ promotional construction sign located on Lot 27 of Plan of Subdivision 18T89064 (PSD-114-02). 9.7 Site specific minor variances that were granted and duly recorded as part of a Site Plan Agreement during the time Sign Bylaw 97-157 was in force. 9.8 The construction of an electronic media sign on an existing pylon sign located at 2401 Highway 2, Bowmanville (PSD-114-07), 9.9 An increase in the number of permitted signs from one permanent sign to three permanent signs at 5324 Main Street, Orono (PSD-99-07). 9.10 Three signs having a maximum sign area of 3.5 m' (2.54m x 1.39m) each attached onto two elevated wall sections at the east and west end of the existing building located at 219 King Street East, Bowmanville, to be used by the tenants of any unit of the building (PSD-108-07). 9.11 An increase in the number of permitted signs, for astand-alone building on a multiple business site located at 361 King Avenue, Newcastle, from two (2) wall signs to three (3) wall signs, with a maximum size of 2.9 m' for the third wall sign (PSD-088-08). 9.12 A pylon sign with a sign area of 10.2 square metres for the property known as Home Depot, 120 Clarington Blvd., Bowmanville (Resolution #C-017-OS). 9.13 A pylon sign with a height of 9 metres and a sign area of 9.93 square metres for the property identified as 8262 Highway 35/115 (PSD-162-04). SECTION 10 OFFENCE 10.1 It shall be the duty of every person who erects, uses, maintains or causes a sign to be erected, used or maintained to ensure that any sign erected, used or maintained by them shall comply with all the provisions and requirements of this By-law. 10.2 Every person who fails to comply with any provision or requirement of this By-law shall be guilty of an offence and liable to a fine as prescribed by the Provincial Offences Act. SECTION 11 SEVERABILITY 11,1 If a court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such decision does not affect the validity, effectiveness, or enforceability of the other sections or parts of the provisions of this By-law unless the court makes an order to the contrary. RFCTI(1N 19 HATE FFGFCTn/C Page 22 SECTION 12 DATE EFFECTIVE 12,1 This By-law shall come into force on January 1; 2010. Read a first, second and third time and finally passed this day of 2009. Abernethy, Mayor Patti L. Barrie, Municipal Clerk Page 23 SCHEDULEI HERITAGE RESOURCE AREAS Schedule "1" to Sign 8y-Law -09 HERITAGE RESOURCE AREAS '~i ~ 0 L .Y/ / C\ L7 f }~ ` Ir~ ~ Lf `\~~tm ~ Y[_ t // ~A iii///~~M~ ~~ ~ ~ Y y ` ~t'{[ Y '~ p ~ r ~ ~ 4 ~~~ `~J/ 17 'w ~ _~_ ` / ) //~~/~ ~G i 1. ,y E 4 ~f 4 -~I ~ ./ ~ t~ ~T' - .IS- ~ tr ~ ~ ~ _i l ~ ~ % of ..~ , Sj~ ~ i ~ , . 1,_, r I Y. ~ ~ "~ l Bv:~. -~%"`~'~' C~f ~r~r - ~b 60WMANVILLE ORONO J I I r w ~t rT i ,~T~i~, i .7 ~ ~~. ~ ~y ~~ J~l~ ~~ ~ ~~.~ 1i'~i~~ r i~l~ ., ~ 2 r~ ~_ T i -~ ~ ~ ~~ 1~ ~ ~~ ~~~- ~,1~ . ~~ ~~~ ~, ~ I~J~ ~ 1~~~ ~ '. 4 ~ i I r i ry 1~i~ jl~' , I~ ~ L ~II 1. : - ~ ~ ~,~ ~. W . .~ ~~ ~, ~ -r~_ir ,-r, T,~~~~ ~ ~~ ~~'~ ,~ ~ < < ~ 1u1 '•' " s , ~ ~ ~ ~ ~ ~ r ~~; ~ I T .~, ~, ~ G ~. ~~~f' _ Jpj , i~.~a r ~ _ s _ ~ 8 M y1_ ` ~ 1, t ]~ ~F ~~ '~ ~ ~ j '.~ ~~ ,.LL~~x~.~i ~~. NEWCASTLE VILLAGE cru~ni u r n Page 24 SCHEDULE2 COURTICE WEST SHOPPING DISTRICT Schedule "2" to Slgn By-Law -04 CDUR7ICE WEST SHOPPING DISTRICT _„~ J, f i -~ =. r wn.?~era ~~~ ~ t ~rtt C _ ~ +d~~:;aAY ~' ~L wY'i f~:. -r~l-1 L_L_L wSr+ .fCSa:/ ~- _ t ,.. ; 1 ~,. LL 1 /i n ' ~, _~ S r 1 ~ "_ ~ I 1 _. ~7aLc aaRx y ~- ~R.~CX GAY j '- A~fMORK'. ______l_ PARK i 1 _ r ~ - _ ~ -~G _~~i - - - - - -~ _---1--_ _ ~ ___ HJ1"Ah' 1 '/1 f-___r __ _ 1/-/'_ i a - -- -• ~~ __~ /F~` IU~ _ - ~ _ in _ y~ ~.~ ~~r _~ X~~~~cs~+nr care _ _ n _ /y~ti~ i ~- ~_ _ -%y ~ _ Y~~ x COURTICE Attachment 2 To Report PSD-079-09 CHANGES TO DRAFT SIGN BY-LAW Community Theme Signs The following definition is to be added after the canopy sign definition "Community Theme sign" means a sign erected on a property adjacent to an arterial road, as indicated in the Clarington Official Plan, which identifies the name of the subdivision development. Table 2 indicates that a maximum of two community theme signs are permitted per arterial road entrance. Table 3 indicates that the sign display surface may be a maximum of 25% of the sign support structure with the sign copy set at a maximum of 75% of the display surface area. The maximum height of the sign support structure will be 1.8 metres and includes in Table 4. Section 8 notes that the maximum width of the sign support structure is 4.5 metres and that when the sign is incorporated into a noise fence, the sign can be the same height as the noise fence requirement. 4.5 metres a~ m E m 1 Multi-Unit Residential Signs The following definition is to be added after the monolith sign definition "Multi-Unit Residential Sign" means a sign erected on a property to identify the name of the multi-residential development. Table 2 indicates that a maximum of one multi-unit residential sign is permitted per development. Table 3 indicates that the sign display surface may be a maximum of 25% of the sign support structure with the sign copy set at a maximum of 75% of the display surface area. The maximum height of the sign support structure will be 1.8 metres and included in Table 4. Section 8 notes that the maximum width of the sign support structure is 4.5 metres and that when the sign is incorporated into a noise fence, the sign can be the same height as the noise fence requirement. Multi- residential development signs are only permitted on sites with five or more residential units. Flan Sirens Flag Signs The following definition is to be added after the electronic message board definition Flag sign means a sign made of cloth or lightweight material attachable by one edge to a pole or rope. Table 2 indicates that one flag sign will be permitted per 7.5 metres of frontage. The maximum size of a flag sign is 0.6 square metres as indicated in Table 3. Section 8 states that all flag signs are to be removed within 30 days after the date of the last sale of the last property within the plan of subdivision. Additional Changes to Definitions Section "Or a spinning portable sign" has been added to the end of the Animated sign definition A definition of Commercial has been added which states "Commercial" means, for the purposes of this By-law, a use which includes tourism uses. The Community Facilities definition has been refined to add the words "and shall include" before "such uses as post offices...." A definition of Industrial has been added which states "Industrial" means a use that includes the assembly or processing of substances, goods or raw materials related to the manufacture or fabrication of finished goods, warehousing or bulk storage of goods, and may include accessory sues such as storage and facilities for receiving and shipping materials and goods. Mineral aggregate and utility uses are considered industrial uses for the purposes of this By-law. The "inflatable sign" definition has been expanded to include seasonal items that do not contain any wording or symbols of an advertising nature are not considered to be signs. The definition of mobile signs has been changed to reflect the definition of mobile signs within the Mobile Sign Business Licencing By-law The definition of Promotional Construction Direction Sign has been changed to Promotional Subdivision Development. Direction Sign and now means a portable sign providing direction to a development site within a plan of subdivision or plan of condominium or a proposed plan of condominium. The definition of Subdivision Development Sign now contains reference to plans of condominium as well as plans of subdivision. As certain signs are not permitted on vacant land a definition of vacant land has been included which states "Vacant Land" means a property that does not contain any buildings or structures. "\/icihili4v Tri~nnlc' nn~u inrlnrlcc o ci~hcenfi.,.. /..\ 4h.. .,.n:L.: C~., a.:...... i.. _~.L_.-J_ L__.__J "Visibility Triangle" now includes a subsection (c) the visibility triangle extends beyond private property into the road allowance as illustrated in the following sketch. a ~Ptl~y4 F 9TR8ET 1 PRIVATE 80AD srRSer r<nvs (a'~^'3~n!OA 8m6I.OT LIlVE VISIBII..TTY TRIANGLE WITHIIY ROAD ALLOWANCE ~- VI3D3IIdTY TRIANGLE ON A CORNER LOT VISD3IIITY TRIANGLE WIT'HD~T ROAD ALLOWANCE A- VISISILII'Y TRIANGLE ADJACENT A DRIVEWAY DB7VEWAY PROPEA7Y LiPTE ~, 3rn 3m * VISIBILITY TRIANGLE MEASUREMENT w1t.I, vARY DEPENDING oN THE APPROPRIATE MUNICIPAL ZONING BY-LAW Additional Changes Section 1.8.2 indicates that a property must also comply with the Road Occupancy By- law. The words "or its successor' have be added to this section in the event that the By- law is repealed or its title changes. Section 3.8 addresses when a sign permit can be revoked. It now includes that it can be revoked if the sign "is not installed in compliance with the permit". Section 5.2 ii) now contains a reference that no sign can be placed within 1 metre of any fire escape, fire hydrant, fire exit or door, etc., if the sign will impede visibility or access. Section 6.1 addresses how signs are to be illuminated. The section has been reworded so that it now states: Where a sign is ilhiminatarl tha ainn anrJ ennrrc .,f ilL~minoFi~n c-Mnll La. .~....P.......J ,....~ Where a sign is illuminated, the sign and source of illumination shall be designed and located as to prevent light trespass beyond the sign support structure and/or display area. Night sky friendly lights, down-lights that are of a full cut-off design, goose neck lights, and back lights are the preferred lighting methods, unless otherwise noted in this By-law. Full cut-off wall mount light The Maximum Sign Area table in Section 7 has been amended so that the real estate sign size for the Heritage Resource Area is 0.55 sq. metres and for the Courtice West Shopping District is 2.75 sq. metres. The Mobile and Portable sign provision of Section 8 have been revised to clarify that mobile and portable signs are not permitted to be erected at the same time "on the same property". The Promotional Construction Sign provisions also state that these signs and mobile signs can not be erected at the same time "on the same property'. The number of mobile signs permitted on amulti-business property has been reduced from 1 per 50 metres of store-front frontage to 1 per 75 metres in Table 2. The number of mobile signs permitted per property is limited to three and the period of time that the sign must be removed before it can be used again by the same business has been increased from 28 days to 60 days. The Promotional Subdivision Development Direction sign provisions in Section 8 has been clarified to state that these signs may be displayed on Saturdays and Sundays provided that such signs are displayed on street boulevards only and are not located any closer than one (1) metre to the curb, or where there is no curb, three (3) metres from the edge of the traveled portion of the road, but in no case shall a sign be located on the shoulder of a road. The signs are removed no later than 08:00 hours (8:00 a.m.) on each Monday. The display area referenced in the Monolith/Pylon Sign provisions of Section 8 has been clarified. The size of Promotional Construction signs has been increased from 5 square metres to 6 square metres, as indicated in Table 3, to reflect the size of signs previously constructed and a height maximum has been added to Table 4. The size of real estate signs for institutional uses has been increased to 2.75 square metres in Table 3. The requirement for adding a municipal street address to certain ground, pylon and monolith signs will indicate that the address is to be included where the sign is located along the street frontage pertaining to the address. A provision has been added to Section 8 for Subdivision Development Signs stating that a Performance Guarantee will be required as part of the subdivision development agreement. Monolith/pylon signs will only be permitted on sites where the building is set back a minimum of 6 metres from the road allowance. The exceptions to Sign By-law 97-157 that remain in force once it is repealed have been listed in Section 9 -Exceptions. Section 10 -Offence has been added to allow for enforcement of the By-law. TLIC PAO~l10ATIAU n~ rum ~w~ uu~,~u .w ,... ,.. . _...___-. HIIBCnment 3 To Report PSD-079-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY LAW 2009- Being a 8y-Law to Regulate and Licence Persons and Businesses that Carry on the Business of Leasing or Renting Mobile Signs Within The Municipality of Clarington WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 provides that the Council of a local Municipality may, by By-law, licence, regulate and govern any business carried on within the Municipality and may revoke such licence; AND WHEREAS the Municipality of Clarington deems it advisable to exercise its powers aver the business of leasing or renting mobile signs for the purpose of safety, nuisance control and consumer protection by establishing procedures and regulations to ensure the mobile signs leased or rented are of an approved type and that they do not create a potential nuisance for those in the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: DEFINITIONS 1. In this By law: "APPLICANT" shall mean a person applying for a licence under this By-law; "CERTIFICATE OF LICENCE." shall mean a document issued by the Municipal Clerk and bearing the seal of the Corporation of the Municipality of Clarington which identifies the name of the holder of the licence, description of the business being licenced and, where applicable, the location of operation; "COUNCIL" shall mean the Council of the Corporation of the Municipality of Clarington "LICENSEE" shall mean any person holding a current, valid licence to carry on or engage in the business, trade or occupation of leasing or renting mobile signs; "MOBILE SIGN" shall mean a temporary sign which is not permanently affixed to the ground or to any structure, and typically designed for the rearrangement of copy on the sign face, and which is capable of being readily moved from one location to another, and may be part of or attached to a wheeled trailer or frame without wheels in such a manner so as to be able to be moved from place to place. "MUNICIPALITY "shall mean the Corporation of the Municipality of Clarington. "OWNER" shall mean the registered owner of the premises upon which any sign or sign structure is located, or any person described on a sign or whose name or address or telephone number appears on the sign, or who has installed the sign, or who is in lawful control of the sign, or who benefits from the message on the sign, and for the purposes of this By-law there may be more than one owner of a sign. "PERSON" shall mean, but is not limited to an individual, sole proprietorship, partnership, association, or corporation or other entity to which the context can apply according to the law. 2.0 LICENCING REQUIREMENTS 2.1 No person shall carryon or engage in the business, trade or occupation of leasing or renting mobile signs without holding a valid licence to do so issued pursuant to the provisions of this By-law. 2.2 For the purposes of this By-law, a person who carries on or engages in the business, trade or occupation of leasing or renting mobile signs from a location outside the Municipality shall be deemed to be carrying on business in the Municipality if the person leases or rents mobile signs that are erected, located or displayed in the Municipality. 2.3 No person shall rent or lease a mobile sign to be located in the Municipality from a company that is not licenced pursuant to the provisions of this By-law. 2.4 Every person who carries on or engages in the business trade or occupation of leasing or renting mobile signs shall ensure that all required permits are obtained prior to the placement of a mobile sign and that its placement is in accordance with any permit issued. 2.5 Every person issued a licence under this By-law shall, upon request of a Police Officer or Municipal Law Enforcement Officer, produce the Certificate of Licence for inspection. 7 R (lnca icm iori fhc lino.. ch.il~ h.. ........:~:_ ~_ ~~_ ~_u__.~ ___ _~ 2.6 Once issued, the licence shall be specific to the holder thereof and no owner shall transfer a licence to another holder except with the written consent of the Municipal Clerk who is required to give consent subject to any instructions of Council to the contrary. There shall be an Administrative Fee of $50.00 charged for any transfer of a Certificate of Licence prior to the expiry date. 3.0 LICENCE APPLICATIONS - 3:1 An application for a licence or a renewal thereof shall be duly completed on the forms provided by the Municipality. 3.2 If the applicant is a corporation, a certified copy of the incorporating document showing the names and addresses of all Directors, Officers and Shareholders shall be included in the application. 3.3 In the event that the names or addresses of the Directors, Officers and Shareholders listed in the incorporating document change, it shall be the applicant's duty to notify the Municipality in writing of such change within 10 calendar days of the change taking place. Failure to do so shall be an offence. 3.4 If the applicant is a registered partnership, a certified copy of the registered Declaration of Partnership, showing the names and addresses of the partners shall be included in the application. 3.5 In the event that the names or addresses of the partners listed in the Declaration of Partnership change, it shall be the applicant's duty to notify the Municipality in writing of such change within 10 calendar days of the change taking place. Failure to do so shall be an offence. 3.6 Subject to the provisions of this By-law, when an application for a licence is made in accordance with the provisions of this By-law, the Municipal Clerk shall issue a licence which shall set an expiry date of the 31" day of December of each year. 3.7 The fee payable upon issuance of a licence pursuant to this By-law shall be $250.00 There shall be no prorating of the fee for licence periods of less than 12 months. 3.8 No person shall enjoy a vested right in the continuance of a licence. 3.9 The applicant shall, upon application for a licence, file proof of insurance with the Municipal Clerk. Such insurance shall: a) be in an amount to be determined by the Municipal Treasurer as sufficient and shall name the Municipality of Clarington as an insured party; b) hold the Municipality harmless from any action that may be taken against it resulting from the placement of any mobile sign in the Municipality; and c) be endorsed to provide the Municipality at least 10 days notice in writing prior to cancellation, expiration or change of the policy. 3.10 Every licensee shall ensure that every mobile sign that is being leased or rented clearly displays the name, address, and telephone number of the licensee. Failure to do so shall be an offence. 4.0 GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE 4.1 An applicant who otherwise complies with the provisions of this By-law is entitled to be licenced and a licensee is entitled to have a licence renewed except where: a) having regard to the applicant's or licensee's financial position, the applicant or licensee cannot be reasonably expected to be financially responsible in the conduct of the business which is to be licenced or is licenced; b) the past or present conduct of the applicant or licensee, or if a corporate entity, the past or present conduct of its directors, officers, employees or agents, affords reasonable grounds for belief that the applicant or licensee will not carryon the business which is to be licenced or is licenced in accordance with the law or with integrity and honesty; c) the applicant or licensee is carrying on activities that are or will be if the applicant is licensed, in contravention of this or any other Municipal by-law; d} the conduct of the applicant or licensee, or if a corporate entity, the pastor present conduct of its directors, officers, employees or agents, affords reasonable grounds to believe that the carrying on of the business would infringe on the rights or endanger the health or safety of one or more members of the public; e) there are reasonable grounds to believe that any application or other document provided to the Municipal Clerk by or on behalf of the applicant or the licensee contains a false statement or provides false information. d 7 Tha Miinirinol!`Ic.4...~., .....~~.... ..u:,a....:a_:_ _..___1 _~ .. .. 4.2 The Municipal Clerk may require affidavits in support of an application. 4.3 The Municipal Clerk shall not issue a licence or renewal of a licence until: a) all required approvals and inspections have been obtained by the applicant; b) all required documentation has been provided; and c) the business licence fee has been paid in full. 4.4 The Municipal Clerk, upon receipt of the application for a licence may make, cause to be made, or request, any additional documents, investigations or inspections in respect of such application for a licence as the Municipal Clerk deems appropriate or in the interest of the general public and any costs incurred for such inspections or documents shall be at the applicant's expense. 4.5 If the investigation discloses that: a) the applicant's premises or place of business is the subject of an Order issued pursuant to the Property Standards By-law, or discloses non-compliance with the Zoning By-law or any parking requirements of the Corporation; b) the applicant is incompetent in a manner that affects the safety, health or welfare of the public; c) the applicant is in breach of this or some other Municipal or Regional by-law or law of Ontario or Canada; or d) the applicant has been convicted of an offence pursuant to a similar by-law in another municipality; the Municipal Clerk shall deny the application. 4.6 Notwithstanding section 4.5, if more than seven years have lapsed since the final disposition date of the Criminal Record, and.it is, in the opinion of the Municipal Clerk, of a minor nature, the Municipal Clerk may approve the application. 5.0 REFUSAL, REVOCATION, SUSPENSION, IMPOSITION OF CONDITIONS 5.1 An applicant who has been denied a licence by the Municipal Clerk pursuant to Section 4.5 may request that his application be heard by Council, which may, in its discretion, issue the licence in question. 5.2 Upon request, the Municipal Clerk shall refer the matter to Council. 5.3 The Municinal faork mw ~o.,, ,,.o ~a~a ....:... :.. ....___.. _~ __ ___.. 5.3 The Municipal Clerk may require affidavits in support of an application. 5.4 Council shall consider the matter. 5.5 In considering an application under Section 5.1, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a licence, including any condition which would otherwise contravene any other provisions of the By-law. 5.6 Council may revoke any licence issued under the authority of this By-law where such power to revoke may, pursuant to the provisions of the Municipal Act or any other Act, be exercised by the Council of the Municipality but, before any licence is revoked, the holder of the licence shall be given at least seven days notice mailed or delivered to the address given in his application and shall. be permitted to appear before Council to show cause why he believes such licence should not be revoked. 5.7 A licence that is cancelled or suspended shall remain the property of the Municipality. 5.8 Upon notification of cancellation or suspension of a licence, the licensee shall forthwith surrender the Certificate of Licence to the Municipal Clerk until such time as the licence has been reinstated. 6.0 PENALTY 6.1 Any person who contravenes the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act. 6.2 Should any section, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid the same shall not affect the validity of this By-law as a whole or any part thereof other than the part so declared to be invalid. 6.3 This By-law shall come into full force and effect on the 1~` day of January, 2010. BY LAW read a first and second time this th day of , 2009 BY LAW read a third time and finally passed this th day of .2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk