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2976 To prohibit or regulate the signs and other advertising devices and the posting of notices within the Town of Tillsonburg.CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2976 BEING A BY-LAW TO PROHIBIT OR REGULATE SIGNS AND OTHER ADVERTISING DEVICES AND THE POSTING OF NOTICES WITHIN THE TOWN OF TILLSONBURG WHEREAS Section 210(146) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended provides that the Council of a municipality may pass by-laws for prohibiting and regulating the erection of signs and other advertising devices and the posting of notices within the municipality. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS. SECTION I - TITLE., SCOPE AND CONFORMITY ,UIREMENTS 1.1 SHORT TITLE 1) This by-law may be cited as the "Sign By -Law". No sign or its structure,, temporary or permanent shall be erected or enlarged or placed for any purpose within the Town of Tillsonburg except as permitted by this by-law and in conformity with the applicable provisions of The Ontario Building Code. ECTION 2 DEFINITIONS .1 In the By -Law. "Accessory or Business means a sign., symbol, trademark, structure or similar device used to identify the use pursued by the person, firm, corporation, business, service, commercial. or industrial enterprise which is displayed upon the lot or premises occupied by such an enterprise and the type of business activity in which it is engaged. "Agricultural Sign " means a sign accessory to the permitted agricultural uses. "Area of Sip" means the number of square feet on the surface of a sign including the border and frame and where there is no border shall include all the area of the surface lying with the extremities of the sign. "Billboard" means a standardized advertising sign, structure or symbol erected and maintained by a person, firm, corporation, business, service,, commercial or industrial enterprise engaged in the sale or rental or space thereon to a clientele upon which space there is displayed advertising copy describing one or more products or services which are not necessarily made, produced, assembled, stored or sold from the lot or premise upon which the advertisement displayed. "Chief Building OfficialT' means the Chief Building Official of the Town of Tillsonburg or designate. SECTION 2 -- DEFINITIONS -- cont'd 2.1.6. "Commercial Sign" means a sign accessory to the permitted main commercial use. 2.1.7. "Corporation" means the Corporation of the Town of Tillsonburg. 2.1.8. "Council" means the Council of the Corporation of the Town of Tillsonburg. 2.1.9. "Directional Sign" means a sign indicating a direction to be followed to attain a certain destination with only the destination and/or distance identified. 2.1.10. "Direction Information Sign" means a sign indicating the direction with regard to pedestrian and/or vehicular movement. 2.1.11. "Double Faced Sign" means a sign having two sign faces, each being of equal area and identical proportions to the other, and with each face located on the sign structure so as to be exactly opposite the other. 2.1.12. "Election Sign" means any sign advertising or promoting the election of candidates. 2.1.13. "Facia Sign" means a single faced sign located in such a manner that the sign face is parallel to the main wall of the building to which it is attached. 2.1.14. "Flashing Sign" means an illuminated sign, fixed or rotating, upon which the source of artificial light is not stationary or the intensity or color is not constant, but does not include illuminated signs indicating time or temperature. 2.1.15. "Ground Sign" means any sign directly supported by the ground without the aid or any other building or structure, other than the sign structure. 2.1.16. "Height of Sign" means the vertical distance from the ground to the highest extremity of the sign including the boarder or frame and in the case of a sign without border or frame, the vertical distance from the ground to the top of the letter, symbol or other part of the sign that is the highest. 2.1.17. "Industrial Sign" means a sign accessory to the permitted industrial use. 2.1.18. "Lot Line" means the division line between a utility or road right-of-way and a lot, or the division line between two lots. 2.1.19 "Marquee/Awning Sign" means a sign attached to a building constructed to form a roof -like structure or awning. 2.1.20 "Model Home" means temporary use of a residence constructed and occupied for the purpose of assisting in the sales of additional residences. 2.1.20. "Luminous and Illuminated S ign" (a) Luminous sign means a sign lighted by an internal source; (b) Illuminated sign means a sign that is lighted by an external source. 2.1.20. "Permitted Use" means a use allowable within a zone pursuant to the applicable zoning by-law. SECTION 2 - DEFINITIONS — cont'd 2.1.21. "Pro'e�cting. Sign" means a sign attached and perpendicular to the main wall of the building. 2.1.22. "Pylon Sign" means a sign supported and placed upon poles or standards. 2.1.23. "Real Estate Sign" means a notification advising that a property is to be sold, rented or leased, and which may also indicate to whom a person should inquire with regard thereto. 2.1.24. "Sandwich Board -Sign" means a free standing, double faced, inverted -vee type sign, not exceeding 18 inches (.5 metre) in width and 3'3" feet (1 metre) in height. 2.1.25. "Residential Sign" means a sign accessory to the permitted residential use. 2.1.26. "Sign" includes an advertising device or notice and means any medium including its structure and other component parts, which is used or capable of being used to attract attention to a specific matter. 2.1.27. "Site Triangle" means on a corner lot or an entrance to a property with in the triangular space formed by the street lines and a line drawn from a point in one street line to a point in the other street line, each such point being 29.5 feet (9 metre) measured along the street line from the point of intersection of the street lines, no building or structure which would obstruct the vision of drivers of motor vehicles shall be erected. Such triangular space may hereinafter be called a "sight triangle". 2.1.28. "Tempora ; /Portable Sign" means a sign conveying a message applicable for a definable and specific limited time or related to an event or specific and short duration. Such sign shall include any and all signs constructed so as to be readily moveable from place to place. SECTION 3 - APPLICATION FOR PERMIT 3.1 No person shall erect, cause to be erected or structurally alter any sign within the Town of Tillsonburg without first obtaining a sign permit from the Chief Building Official except as exempted herein. 3.2 Prior to the issuance of a sign permit, an application for a permit shall be submitted to the Chief Building Official to be checked for conformity to this By -Law and any other applicable laws. 3.3 The application for the permit shall be accompanied by the following information filed in duplicate with the application: (a) completed drawings and specifications of what is to be erected or structurally altered, including where applicable, details of supporting framework; SECTION 3 - APPLICATION FOR PERMIT -- cont'd (b) erection plans indicating the location of the sign on the building relative to vehicle accesses, doors, windows and other existing signs on the site and the location of any signs on adjacent properties within 30 feet (9.1 metre) of the proposed sign. (c) for signs not attached flush to a building, site plans to scale indicating location on site, street lines and other boundaries of the property and the location of all the buildings thereon. 3.4 On receipt of a completed application, the Chief Building Official shall issue a sign permit provided the application is in compliance with the regulations contained in this by-law. 3.5 Fees to be paid upon application for sign permits shall be as per Schedule «A99. SECTION 4 - PERMIT EXEMPTIONS 4.1 No permit shall be required for: (a) any poster, banner, or sign of a candidate in a Municipal, Provincial or Federal election; (b) signs of public authority; (c) signs prescribed by law; (d) signs for public convenience (such as deliver, entrance, caution, construction or detour signs); (e) municipal exhibition or events signs; (f) real estate signs ten (10) square feet (1 square metre) or less; (g) no trespassing signs ten (10) square feet (1 square metre) or less. (h) construction site sign of (10) square feet or (1 metre square) or less. SECTION 5 - GENERAL REGULATIONS. 5.1 LIGHTING OF SIGN No sign with red or amber lighting shall be located in such a fashion so as to: (a) diminish or detract from the effectiveness of any traffic signal, or similar safety or warning device; (b) fall within the vision of motorists in such a manner so as to create a traffic hazard. 5.2 ILLUMINATED SIGN Illuminated signs shall be located so as to reflect light away from adjacent premises or streets to prevent any glare or blinding spillover effect. SECTION 5 - GENERAL REGULATIONS — cont'd 5.3 TEMPORARY SIGN (Development Type) One temporary sign per Development, meeting the Pylon Sign criteria, may be erected at a development site indicating the nature of the project and the developers, contractors, architects, engineers, and related personnel or trades involved in the development of the site. A maximum area of 200 square feet (18.6 square metres), for the duration of the project. Contractor/Model Home signs may be erected adjacent the main sign to a maximum area of 200 square feet (18.6 square meters) area. The combined area of all such above signs shall be 400 square feet, (37.1 square meters). 5.4 TEMPORARY OR PORTABLE SIGN (Temporary or Portable) (a) no sign shall be placed without a permit being issued; (b) no sign shall be placed on public property without the permission of Council. This includes parking spaces and road allowances; (c) no flashing lights are allowed (d) one sign per business location; (e) 30 metre distance between temporary or portable signs; (f) portable sign permits are valid for 30 days after issuance (g) portable sign permits may be renewed for to a maximum of 180 days in a 12 month period —for fee see Schedule "A" (h) signs shall not be placed in sight triangles or near driveways that could block a motorist's view; (i) all signs in violation will be removed within 48 hours after a notice, written or verbal, has been given by the Chief Building Official or designate. 5.5 ELECTRICAL WORK All electrical work in a sign shall conform to the applicable regulations of the Canadian Standards Association and Electrical Safety Authority and Electrical Installation Permit shall be obtained as required. 5.6 MAINTENANCE 5.6.1 Every sign shall be kept in good repair and in a safe and secure condition so as not to endanger the safety of the public at any time. 5.6.2. When a sign is not constructed of galvanized or corrosive resistant materials, it shall be maintained in a clean and painted condition. 5.7 HOUSEKEEPING It shall be the duty and responsibility of the owner or lessee of any sign to maintain the immediate premises occupied by the sign in a neat and tidy condition. SECTION 5 - GENERAL REGULATIONS -- cont'd 5.8 SIGNS Every sign for which a permit is required, shall be subject to inspection by The Chief Building Official when notified by the owner, or other person erecting the sign, that the work on the sign has been completed. 5.9 SIGNS ON PUBLIC PROPERTY No sign shall be erected or placed on or over town lands in the Town of Tillsonburg including road allowances within the jurisdiction of the Town without prior approval of the Town. Any sign contravening the provision of Section 5.9 may be removed without notice of the Town. SECTION 6 - RESIDENTIAL SIGN Signs in residential areas are permitted subject to the following conditions: 6.1 A non -illuminated ground sign not exceeding 10.8 square feet (1 square metre) in area advertising the sale, rental or lease of any building, structure or lot. 6.2 Anon -illuminated identification sign not exceeding 2.15 square feet (.2 square metre) indicating the name and profession of the occupant where home occupations are permitted in a zone under the applicable zoning by-law attached flat to building. 6.3 One identification ground sign for an apartment development except that where such development abuts on more than one street, two such signs are permitted. 6.4 One illuminated ground sign of a directory type for a townhouse development indicating the internal road pattern and unit numbers. 6.5 Signs may be erected in residential zones for the purpose of advertising an event such as birthdays, graduations and congratulations provided the signs are not erected in a sight triangle as defined in the Zoning By -Law, on public property, nor in any location which may cause traffic sight -line problems. These signs shall not be erected for a period exceeding seven (7) days. 6.6 A Model Home sign may be erected in the front yard of the model home, parallel to and within the lot lines of the model home lot, to a maximum of 15 square feet (1.4 square meters). SECTION 7 - COMMERCIAL SIGN Signs in commercial areas are permitted subject to the following conditions: 7.1 FACIA SIGN One Facia Sign, Marquee/Awning per Place of Business A facia sign shall: (a) be attached to and parallel with the main wall of the building; (b) be a minimum of 8 feet (2.4 metres) above the finished sidewalk or mall grade; SECTION 7 - COMMERCIAL SIGN -- cont'd (c) be no longer than the horizontal measurement or the wall or building facade to which it is attached. (d) not projecting more than twenty-four (24) inches (.6 metres) from the main wall of the building. (e) not carrying advertising copy on its ends; (f) if on a lane, be a minimum of fourteen (14) feet (4.3 metres) measured vertically from the surface of the lane. 7.2 PROJECTING SIGN 7.2.1 Projecting signs are prohibited within the Town of Tillsonburg. 7.3 PYLON SIGN One pylon sign maybe erected on a property having a frontage of twenty- five (25) feet (7.6 metres) or more provided: (a) the height of the sign shall not exceed a maximum of thirty (32) feet (9.75 metres); (b) the area of the sign shall not exceed two hundred (200) square feet (18.6 square metres); (c) the bottom of the sign shall not project less than eight (8) feet (2.4 metres) to finished grade; (d) the distance between pylon signs on adjacent properties shall not be less than twenty-five (25) feet (7.6 metres). (e) the pylon sign shall not be replaced within a site triangle or in any way impede drivers vision. 7.4 GROUND SIGNS One ground sign per frontage may be erected between the building line and lot line provided that: (a) there is no pylon sign on site; the maximum height is not more than seven (7) feet (2.1 metres); (b) the bottom of the sign shall be a max of (3) feet above grade; (c) the maximum height is not more than seven (7) feet (2.1 metres); (d) not to be located within a site triangle or impede driver vision SECTION 8 - SANDWICH BOARD SIGN 8.1 Sandwich Board Signs are permitted on public property in front of businesses located in C1 Zone. 8.2 Sandwich Board Signs shall be constructed of a material that is not subject to deterioration from the effects of weather. 8.3 Sandwich Board Signs shall only be permitted on the four (4) feet, (1.2 metres) of municipal property nearest and parallel to the curb or edge of road, in front of the premises being advertised by the said sign and shall be limited to one such sign for each premises. 8.4 No Sandwich Board Sign shall be erected which would obstruct the view of drivers of vehicles or pedestrians on a highway when approaching an intersection or when entering a highway from a property. Any sign found by the Town to be interfering with wheelchair, pedestrian traffic or sight lines at intersections shall be removed immediately. The Town also reserves the right to remove forthwith, a sign which causes any interference with vehicular traffic or pedestrian traffic or in the event of any emergency situation or interferes with any work that is to be performed upon the highway by or on behalf of the Town. SECTION 9 - INDUSTRIAL SIGN Signs in industrial areas are permitted subject to the provision of Section 7. SECTION 10 - AGRICULTURAL SIGN Signs in agricultural areas are permitted subject to the following conditions: 10.1 Section 6 applies to residential signs. 10.2 Section 7 applies to commercial signs. 10.3 Section 9 applies to industrial signs. SECTION 11 - BILLBOARD SIGN 11.1 Two main types: (1) poster panels with advertising copy in the form of posted paper; (2) painted bulletins where the advertiser's message is painted directly on the display area. Standardized outdoor advertising is permitted in the following zones: (1) industrial zones; (2) railroad rights of way; (3) development zones. 11.2 The minimum distance between billboard signs shall be not less than 750 metres (2460 ft.). SECTION 12 - REMOVAL OF SIGNS WHEN REQUESTED 12.1 Any sign or appurtenance thereto which no longer advertises a bona fide business or service on the premises shall be removed within sixty (60) days of termination of such business or service. 12.2 SIGNS IN VIOLATION 12.2.1. Whenever the Chief Building Official after inspecting a sign finds such a sign to be in violation of the provisions of this by-law, the Chief Building Official shall notify the owner of the property and the owner of the sign in writing or by causing a notice to be delivered personally to such owners, requiring either of them to repair, alter or change or remove such sign within 10 days from the receipt of such notice in writing. 12.2.2. Where the repair, alteration or change or removal is a result of an unsafe condition, the Chief Building Official may give the notice verbally and may reduce the period within which such owners or owner has to take action to a period which is adequate taking into account the circumstances at the time the notice was given. 12.2.3. Where removal is appropriate, such notice as provided in Subsections 1 or 2 hereof shall terminate the relevant sign permit. SECTION 13 - RECOVERY OF EXPENSES 13.1 A copy of an invoice for any charges for removal of a sign together with a certificate by the Treasurer: (a) the invoice has been sent to the persons liable to pay the same; (b) no payment or insufficient payment has been received for the invoice; (c) payment of the invoice is overdue; shall be sufficient authority to enter the amount of the unpaid balance of the invoice on the Collector's Roll against the subject property to be collected in the same manner as taxes against the land. SECTION 14 - APPLICATION TO EXISTING SIGNS Every sign existing in the Town of Tillsonburg on the day of the passing of the by-law shall be brought into conformity in the event of alteration. SECTION 15 - APPEAL FOR A SIGN VARIANCE The municipality recognizes that there may be exceptions to the rule and an appeal to Council may be made for a variance to the sign by-law. The applicant must forward to the Clerk in writing the reason for such variance along with the required documents as set out in Section 3. SECTION 16 - ABANDONMENT 16.1 Neither the granting of a permit nor the approval of the plans and specifications nor inspections made by the Corporation shall in any way relieve the owner or any other person from full responsibility for carrying out work or having the work carried out in complete accordance with the by-law or any other applicable law. 16.2 Every permit shall expire by limitation and become null and void under the provisions of this by-law, if the work authorized by such permit is not commenced, within Three (3) months of the date of the permit issuance, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of six (6) months or the sign has been removed. 16.3 If a permit has expired pursuant to Subsection 2 hereof, before such work can be commenced, the original permit shall be first renewed upon payment of the prescribed fee and upon the Chief Building Official being furnished with satisfactory proof that the plans and specifications conform with the requirements of this by-law at the time of the application for renewal. SECTION 17 - CONFLICT 17.1 Notwithstanding the provisions of any other by-law to the contrary, in the event of a conflict between the provisions of this by-law and any other by- law, the provisions of this by-law shall prevail. SECTION 18 - PENALTY 18.1 Any person who contravenes or causes to be contravened any provision of this by-law is liable to conviction under The Provincial Offences Act. 18.2 Each day a violation of this by-law continues shall constitute a separate and distinct offence under this by-law. Read a first and second time this 25th day of June, 2001. Read a third time and finally passed this 12th day of November, 2001. s-1 MAY(*ky I ___R_ CLER SCHEDULE "A" TO BY-LAW NO. 2976 Section Description Fee 5.4 Temporary or portable signs $25.00/mos 5.35 6, 7, 7.3, Cost of construction, structural alterations or reconstruction $25.00 7.41 91 10, 11 including labour and materials up to an including $1,000 Plus for each additional $1,000 of above-mentioned costs $5.00 4.1 Permit Exemptions nil Permits submitted by non-profit charitable nil organizations All inclusive Any signs installed prior to the issuance of a permit Double applicable ee