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HomeMy WebLinkAbout2009-123THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2009 -123 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 otherwise 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 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 a storey or a one -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, a non - profit organization, or a charitable organization. "CANOPY" means any structure which projects from the exterior face of a building 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 lot on which the building is located. The term cellarshall 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 authority 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 display surface 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 lot to the traveled portion of the street, private road or lane. "ERECT" means display, attach, affix, post, alter, construct, place, locate, install or relocate. "FACADE" means the exterior wall of a building facing a street or private road. • "Principal Fagade" In the case of a building located on an exterior lot or a through lot, the fagade within which the principal entrance to the building is located. • "Building Fagade Area" The entire surface area of the fagade 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 artificial 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 street. 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 50 (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 lot 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. In the 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 /PRIVATE ROAD I3sd9FC�FG'Il �.o BUILDING 71 ICA Nip 'Po �� 7d • Interior Lot A lot other than an exterior lot or a through lot. Through Lot A lot bounded on two opposite tot tines 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 lot or the vertical projection thereof. • Exterior Side Lot Line A side lot line abutting a street or private road on an exterior lot Front Lot Line In the case of an interior lot, a lot line dividing the lot from the street or private road shall be deemed to be a front lot 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 lot line. In the case of a through lot whether or not such lot is deemed to be an exterior lot, the lot line where the principal access to the lot is provided shall be deemed to be a front lot line. • Interior Side Lot Line A side lot line that is not an exterior side lot line • Rear Lot Line A lot 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 rear lot line. 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 By -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 a right -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 lot 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 surface 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 a free - 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 a drive - through facility and used to display and order products and services available from a drive - 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. 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 wall 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 a drive - 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 surface, building, 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 building. • "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 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 T -Board signs have the same definition). 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. • "Vehicie/Trailer 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. \: � .ate' <....0`:\ SIGN AREA MEASURED BY DISPLAYSURFACE \q SIGN AREA MEASURED BY FREE STANDING LETTERING, ETC. EM 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 a man -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 a triangular- 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 lines, 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 Ma=I PRIVATE RD" { arReeT IRIZ i VMBILTTY TRIANGLE WITHIN ROAD ALLOWANCE V18=13 TY TRIANGLE ON A CORNER LOT Vl5Ew1L Y TRIANGLE wrrmmN ROAD ALLOWANCE V1ffiBHXrY TRIANGLE ADJACENT A DRIVEWAY } pBIYJ.IVAY 3rn M- ' VISIBILITY TRIANGLE R1IECASUREMENT WILL VARY DEPENDING ON TIKE 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 and /or 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 Municipality 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. 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 allowance 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. 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 (30) calendar days from the date of the sign being impounded and at 12:01 a.m. of the thirty first (315) 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 enacted, 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) Roof sign, except a bam sign; iii) Vehicle/Trailer sign 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. 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 By -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 By -law are 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 allcwed in the property use category (Column 3). The section of this By -law applicable to each sign type is set out in 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 Sign Type Section PROPERTY USE 'CATEGORY RES IND COM INS AGk 1 . HRA CWSD ' Billboard Sin 8.1 N N N N A N N Canopy Sin 8.2 A A A A A A A Community Theme Sign 8.3 A N N N N N N Directional 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 Flag Sin 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 MonofithlPylon Sin 8.10 N A A A N N N Multi -Unit Residential Sign 8.11 A N N N N N N Off -Site Directional Sign n/a N A A N A N A Overhanging 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 Sign 8.15 A A A A A A A Promotional Construction Sign 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 Development Sign 8.18 A A A N N N N Wag Sin 8.19 A A A A A A A Window Sin n/a A A A A A A A N = Not Allowed A = Allowed 1. See Section 8.21 2. See Section 8.20 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. Billboard Sin 1 1 Canopy Sign 1 per each side of a first floor entrance and /or window 1 per side of the motor vehicle service station cano ies Community Theme Sin 2 per arterial road allowance entrance Directional Sian No maximum Electronic Message Board 1 as part of a ground, pylon, or monolith sign Flag Sin 1 per 7.5 metres of road allowance frontage Ground Sign 1 per property provided there is no pylon sign or monolith si gn Inflatable Sin 1 Menu Board Sin 1 per drive through facility MonolithlP lon Sin 1 per property provided there is no ground sign Mobile Sign 1 per single business property 1 per 75 metres of store -front frontage for multi- business properties to a maximum of 3 Multi -Unit Residential Sin 1 per multi -unit development site Off -Site Directional Sin 1 Overhanging Sin 1 Portable Sin 1 Poster No maximum, 1 per structure Pre -menu Board Sin 1 per drive through facility Promotional Subdivision Development Direction Sion 1 Promotional Construction 1 1 Real Estate Sin 1 per lot frontage Roof sin 1 Subdivision Development 1 per road frontage of draft plan of subdivision site Sign 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. Page 16 7.10 MAXIMUM SIGN AREA The maximum area of a sign shall comply with Table 3 — Maximum Sign Area. ;N TYPE I :RES I IND COM I INS I AGR. , I .HRA 1 CwSD Canopy Sign 20% of the Canopy Area display surface 0.3 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, sign Flag Sign 0.60 mz N Ground Sign 0.55 m2 3.75 m2 1.5M2 3.75 m Inflatable Sign N N 6.75 m2 N N N N Menu Board N N 4.0 m2 N N 4.o m Mobile Sign N 3.0 m N 3.0 m2 MonolithlPylon Sign N 7.5 m2 N N N 9 m2 for multi- tenant property with buildings from 5001 -8000 m2 floor area 11 m2 for multi- tenant property with buildings 8001 m2+ floor area Multi -Unit Residential Sign 75% of N display surface Off- -Site Directional Sign N 1.5 m N 1.5 m2 Overhanging Sign N N N N N 1.0 ml N Portable Sign 1.0 m2 Poster 0.1M2 Pre -menu Board Sign N N 2.0 m2 I N N N 2.0 m2 Promotional Subdivision 1.0 m2 Development Direction Sign Promotional Construction 6.0 m2 Sign Real Estate Sign 0.55 m 2.75 m 2.75 m 2.75 m 2.75 m2 0.55 m 2.75 m2 Roof Sign N N N N 20% of N N roof area Subdivision Development 10 m2 10m2 10m2 N N N N Sign Wall Sign 0.55 m 15% of building fa ade area for one storey building or barn 10% of building Bade area for two storey and higher building or barn 40% of the building Bade 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 Page 17 7.11 MAXIMUM SIGN HEIGHT The maximum height of a sign shall comply with Table 4 — Maximum Height. .N 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 35/115 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. 4.5 mehe m Billboard'� / S`4�3 / I Ground Sign Inflatalle Sign 1 . / 1 Mobile Monolith/Pylon � I • 1 • 1 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 35/115 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. 4.5 mehe m 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 be on the sign structure and easily read; ix) Fluorescent colours are prohibited on a sign area. Page 19 8.10 Monolith /Pylon Signs i) Monolith or pylon signs can be used as ground signs where ground signs are allowed. The regulations for ground signs will apply in regards to height and size. 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 monolith /pylon sign is permitted for any building located within 6 metres of a road 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 overhanging 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 enacted 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. -ate Page 20 8.15 Promotional Subdivision Development Direction Signs Promotional Subdivision Development Direction signs shall be erected in compliance with the following: i) 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 bam 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. 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 be 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. _ V 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 m2 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 A ground sign with a total sign area of 2.0 m2 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 m2 (PSD - 051-02). 9.6 An 8.92 m2 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 m2 (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 a stand -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 m2 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 -08). 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. 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 2151 day of September 2009. Page 24 SCHEDULE2 COURTICE WEST SHOPPING DISTRICT