HomeMy WebLinkAbout2011-121 CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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being a By-law to amend Sign By-law 2009-123, as amended of the Municipality
of Clarington
WHEREAS Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides for the
amendment of By-laws regulating or prohibiting the erection of signs;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 2009-123, of the Corporation of the Municipality of Clarington;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
1. SECTION 2 — INTERPRETATION OF BY-LAW is hereby amended by including the
following new definitions:
"DIRECTOR" means the Director of Planning Services or designate.
"SITE PLAN APPROVAL" means the process of site plan approval as governed by the
Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act.
2. SECTION 10 — VARIANCES
10.1 The Director as the delegated authority, at his/her discretion, may approve minor
variances to this Sign By-law in the following situations.
10.1.1 The Director may vary the following provisions of the Sign By-law at the time of
site plan approval:
a. The location of any sign on a building or property
b. The number of signs on a building or property, having regard for the sign
type, property use and the size of the property
10.1.2 The Director will consider minor variance applications for properties that are not
subject to site plan approval for the provisions of the Sign By-law that are
identified in Section 10.1.1
10.2 In considering a minor variance application, the Director shall have regard to:
a. Special circumstances or conditions applying to the property, building, or use
referred to in the application
b. whether such special circumstances or conditions are pre-existing and not
created by the owner or applicant
c. whether the proposed sign will detrimentally alter the character of the
building, property or area, and
d. whether the general intent and purpose of the Sign By-law is maintained
10.3 The Director's approval authority does not apply to the following sections of the
Sign By-law:
a. Table 1 — Signs Allowed by Property Use
b. Table 4— Maximum Height
c. All Sign By-law provisions with regards to Mobile Signs and Mobile Election
Signs
d. All provisions with regards to Mobile Signs that are not subject to site plan
approval
10.4 An application for a variance from one or more of the requirements in this Sign
By-law shall be made by an owner, or authorized representative of an owner, of
the property on which the sign is to be erected.
10.5 A variance application shall be filed with the Municipality for consideration by the
Director.
10.7 Every variance application shall include the required plans and information as the
Director deems necessary for consideration of the variance application. Each
variance application shall include a justification of why the provisions of the Sign
By-law cannot be compiled with.
10.8 The Director may approve or refuse any variance application and may impose
conditions upon an approval as deemed appropriate.
10.9 Should the Director refuse a variance application the property owner, or
authorized representative of the owner, may file an application with the
Municipality for an amendment to the Sign By-law for consideration by Council.
Section 10 is renumbered to Section 11, Section 11 to 12, and Section 12 to 13.
BY-LAW passed in open session this 19th day of December, 2011.
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Adrian Fo Vlayor
I
C/Anne Giee ree,`Deputy Clerk