3798 To prohibit or regulate signs and other advertising devises and the posting of notices within the Town of Tillsonburg' .,.,
THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3798
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 11 (3) of the Municipal Act, 2001, S.O. 2001, c.25 states that a lower-tier
municipality may pass by-laws, respecting matters within certain spheres of jurisdiction,
including structures, fences, and signs.
AND WHEREAS Section 99 (1) of the Municipal Act 2001 states that a by-law of a
municipality respecting advertising devices, including signs, does not apply to an advertising
device that was lawfully erected or displayed on the day the by-law comes into force if the
advertising device is not substantially altered, and the maintenance and repair of the
advertising device or a change in the message or contents displayed is deemed not in itself
to constitute a substantial alteration. 2006, c. 32, Sched. A, s. 39.
AND WHEREAS Section 391 (1) of the Municipal Act, 2001, S.O. 2001 c. 25 states that
section 11 authorizes a municipality to impose fees or charges on persons, for services or
activities provided or done by the municipality.
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg is desirous of
adopting a new Sign By-Law to prohibit and regulate signs and other advertising devices and
the positing of notices within the Town of Tillsonburg.
THEREFORE the Council of the Town of Tillson burg enacts as follows:
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Table of Contents
SECTION 1 SCOPE OF BY-LAW 5
1.1 Short Title 5
1.2 . Intent and Scope 5
1.3 Comoliance with By-law 5
1.4 Contents of Bv-law 5
1.5 Lawful Non-Conformina Signs 5
1.6 Relation to Other Government Requirements (Compliance 5
with Other Reaulationsl
SECTION 2 DEFINITIONS AND INTERPRETATION 6
2.1 Definitions 6
2.2 Schedules to the Bv-law 18
2.3 lnteroretation 18
SECTION 3 ADMINISTRATIVE PROVISIONS 19
3.1 Owner Responsibilitv 19
3.2 Responsibilitv: Aoolication for Permit 19
3.3 Resoonsibilitv: Permits and Penalization 19
3.4 Sian Permit Reauired 19
3.5 Acmlications for Permits. Information Reauired 20
3.6 Heritage Review 21
3.7 Permit Fees 21
3.8 Issuance and Denial 21
3.9 Permit Conditions, Refunds, Revisions and Penalties 22
3.10 lnsoections 23
SECTION4 EXEMPT SIGNS 23
4.1 Sian Permit Exemptions 23
4.2 Sian Bv-law Exemptions 24
SECTION 5 PROHIBITIONS 25
5.1 Soecific Sian Prohibitions 25
5.2 Prohibited Locations 26
SECTION 6 GENERAL PROVISIONS FOR ALL SIGNS 27
6.1 Limit on Number of Sians Per Premise 27
6.2 Existina Sians 28
6.3 Road Allowances -Projection 28
6.4 Illumination 28
SECTION 7 PERMITTED SIGNS 28
7.1 lnteroretation of Section 7 and Section 8 28
7.2 Sians in Schedules to this By-Law 28
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7.3 Property Use Cateaories 29
SECTION 8 SPECIFIC SIGN REGULATIONS 29
8.1 Awninas 29
8.2 Billboard Sians 29
8.3 Canopv Sians 29
8.4 Electronic Messaae Board Sians 30
8.5 Ground Sians 30
8.6 Mobile Sians 31
8.7 Monolith/Pylon Sians 31
8.8 Multi-Unit Residential Sians 32
8.9 Open House Directional Signs 32
8.10 Personal Signs 32
8.11 Portable/A-Frame/Sandwich Board Sians 32
8.12 Promotional Subdivision Development Directional Signs 33
8.13 Promotional Construction Sians 34
8.14 Sidewalk Sians 34
8.15 Subdivision Development Signs 34
8.16 Wall Sians 35
8.17 Window Sians 36
SECTION 9 VARIANCES 36
9.1 Aooroval Authority 36
9.2 Minor Sian Variance Considerations 36
9.3 Director Approved Exemptions 37
9.4 Variance Aoolications 37
9.5 Aooroval and Conditional Aooroval 38
9.6 Anneal Process 38
SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF 39
UNLAWFUL SIGNS
10.1 Town Propertv 39
10.2 Contravention Procedure 39
10.3 Sign Removal and Disposal 39
10.4 Unclaimed Sians 40
10.5 Unsafe Sians 40
10.6 Maintenance 40
SECTION 11 OFFENCE AND PENAL TIES 40
11.1 Responsibilitv to Comply 40
11.2 Liabilitv to Fines 40
11.3 Recoverina Expenses 40
SECTION 12 SEVERABILITY 41
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SECTION 13 CONFLICTING BY-LAWS 41
SECTION 14 INDEMNIFICATION 41
SECTION 15 VALIDITY 41
SECTION 16 REPEAL 41
SECTION 17 EFFECTIVE DATE 42
SCHEDULE A PERMITTED SIGN USE/PROPERTY USE TABLE 43
SECTION 1 SCOPE OF BY-LAW
1.1 SHORT TITLE
This By-law and any amendments thereto shall be known as the "Tillsonburg
Sign By-law."
1.2 INTENT AND SCOPE
The purpose of this By-law is to:
a) regulate signs placed on lands, buildings, and other structures within
the corporate limits of the Town of Tillsonburg; and
b) implement the policies of the Tillsonburg Official Plan and Urban
Design Guidelines.
1.3 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.
1.4 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.
1.5 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 change in the message or content displayed is deemed
not in itself to constitute a substantial alteration.
1.6 RELATION TO OTHER GOVERNMENT REQUIREMENTS (COMPLIANCE
WITH OTHER REGULATIONS)
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 Town, or by any
governmental authority having jurisdiction to make such restrictions or
regulations. Compliance with this By-law does not relieve a property owner
from complying with:
a) the requirements of the Ontario Building Code;
5
SECTION2
b) the requirements of any federal, provincial, regional, or
conservation authority legislation or regulations; or any By-law of
the Municipality.
DEFINITIONS AND INTERPRETATION
2.1 DEFINITIONS
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.
BY-LAW ENFORCEMENT OFFICER:
Shall mean a person appointed by the Council of The Corporation of the Town of
Tillsonburg for the purpose of enforcing Municipal by-laws and, for the purpose of
this By-law.
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-
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6
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 cellar shall not include a basement.
CHIEF BUILDING OFFICIAL:
Means the Chief Building Official or designate.
COMMERCIAL:
Means, for the purposes of this By-law, a use which includes tourism uses.
COMMUNITY BULLETIN AREA:
Means a display surface designated by the Town of Tillsonburg for the purpose of
providing temporary advertising of non-profit and community group event signs.
COMMUNITY FACILITIES:
Means facilities owned and operated by the Corporation of the Town of Tillson burg.
COMMUNITY GROUP:
Means a volunteer based organization which has a constitution and by-laws in
place or at minimum a mission statement or a statement of purpose. They have a
Board of Directors/Slate of Officers and they provide direct services, programs or
events that benefit the residents of Tillsonburg and operate within the Town of
Tillsonburg. They may or may not be incorporated provincially and/or federally.
Places of worship organizations are considered to be a community group for the
purpose of this by-law.
CONSERVATION AUTHORITY:
Means a conservation authority having jurisdiction in the Town of Tillsonburg.
The term conservation authority shall include Long Point Regional 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 Town of Tillsonburg.
COUNTY:
Means the County of Oxford.
DIRECTOR:
Means the Director of Development and Communications or their authorized
designate.
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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.
ELECTION:
Shall include any federal, provincial or municipal election or by-election and any
question or by-law submitted to the electors.
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 Fat;ade:
In the case of a building located on an exterior lot or a through lot, the
far;ade
within which the principal entrance to the building is located.
Building Fat;ade Area:
The entire surface area of the far;ade 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.
HIGHWAY:
Shall have the same meaning as the Highway Traffic Act, RSO 1990 c.H.8, and
includes the entire of the road allowance thereof.
HOME OCCUPATION:
Means an occupation or business that is carried 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
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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.
ILLUMINATED SIGN:
Means a sign lit by artificial light which is direct, indirect, internal or external to the
sign.
INSPECTOR:
Means any By-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 public thoroughfare which affords only a secondary means of vehicular
access to abutting lots and which is not intended for general traffic circulation.
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 Town of Tillsonburg.
MUNICIPAL CLERK:
Shall mean the Municipal Clerk of the Corporation of the Town of Tillsonburg or the
Deputy Clerk acting in place of the Municipal Clerk in accordance with the Municipal
Act.
MUNICIPALITY:
Means The Corporation of the Town of Tillsonburg.
MUNICIPALITY'S ZONING BY-LAW:
Means Zoning By-law 3295 and as amended.
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.
NON-PROFIT/NOT-FOR-PROFIT ORGANIZATION:
Means an organization similar to a community group with a constitution, by-laws and
a Board of directors. They are registered/incorporated as a not-for-profit organization,
should be able to provide their not-for-profit number and operate within the Town of
Tillsonburg.
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PUBl,.IC WORKS DEPARTMENT:
Means the Public Worl<s Department of the Corporation of the Town of Tillsonburg.
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:
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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.
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 Town of Tillsonburg a conservation authority,
the Province or Government of Ontario, or the Government of Canada.
PUBLIC PARK:
Means land and land covered by water and all portions thereof owned or made
available by lease, agreement, or otherwise to the Town, that is or hereafter may be
established, dedicated, set apart or made available for use as woodlot, ravine,
recreation centre, square, garden, walkway, water or any other area in the Town,
devoted to active or passive recreation and shall include the adjacent road
allowance.
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PUBLIC PROPERTY:
Means property owned by or under the control of the Town of Tillsonburg or
any of its agencies, boards or commissions, and includes any lands belonging to
or owned by the County of Oxford, a conservation authority, the Province or
Government of Ontario or the Government of Canada. This shall include public
highways, and shall be deemed to include utility poles located on public property
including road allowances, regardless of whether the poles are owned by or under the
control of the Town.
RIGHT-OF-WAY:
Means 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 street and shall include any shoulder,
ditch or boulevard.
SIGHTNISIBILITY TRIANGLE:
Means a triangular-shaped area of land abutting a lane, street or private roadthat is
required to be kept free of obstructions between a height of 0.6 meters (1.96 ft) and
3.0 meters (9.84 ft) above the center line grade of the intersecting lane, street or
private road 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 sighflvisibility triangle shall be determined as follows:
a) the sight/visibility triangle adjacent to an exterior side lot line shall be
the area enclosed by each of the street lines measured 9.0 meters
(29.53 ft) back from the intersection of the street lines, and a
diagonal line drawn between these two points
b) the sighflvisibility 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 meters (9.84 ft) 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 sighUvisibility triangle extends beyond private property into the road
allowance as illustrated:
SIGN:
SIGHT I VISIBILITY TRIANGLE MEASUREMENT
S1REETUNE
(EXiERIOR SICS LOT LINE)
'VISIBILrrYlRIANGLE ON A CORNER LOT
VISIBILITVTRIANGLE WITHIN ROAD ALLOWANCE
VlSIBIUTVlRIANGLE ADJACEMT A DRl\IEWAY
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-Frame 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. (Sandwich Board Sign has the same definition.
Sidewalk Sign has similar definition)
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.
Awning Sign:
Means a sign affixed to a roof-like cover comprised of cloth, plastic or other
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1
non-rigid material mounted on a frame attached to the wall of a building but
does not include a canopy sign or freestanding canopy sign.
Banner Sign:
Means a sign or advertising device made from cloth, plastic or a
similar lightweight non-rigid material.
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 a sign erected and maintained to advertise, market or promote
a business, product, service or activity not conducted or produced, sold,
stored or assembled within the building or upon the premise on which the
sign is erected.
Canopy Sign:
Means a sign affixed to a permanent rigid structure with or without
supporting columns attached to and projecting from the exterior face of a
building but does not include an awning sign or canopy freestanding sign.
Canopy Freestanding Sign:
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Means a sign affixed to a permanent rigid structure providing protection from
the weather supported on columns and unenclosed on all sides.
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 Campaign Sign:
Means any device advertising or promoting a candidate as per the Town's
Election Campaign Sign By-Law# 3786 as amended;
Electronic Message Board Sign:
Means a sign which has messages that can be changed and displayed by
electronic means.
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.
Illuminated Sign:
Means a sign lit by artificial light which is direct, indirect, internal or
external to the sign.
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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 with 6 or more units to identify the
name of the multi-unit residential development.
Non-Electronic Message Board Sign:
Means a sign which has messages that can be changed and displayed by
non-electronic means.
Off-Site Directional Sign:
Means a sign providing directions to the site where a business or service is
located.
Open House Directional Sign:
Means a free standing temporary sign providing direction to a scheduled
open house property site that is for sale.
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 (Projecting sign has the same definition)
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-Frame, Personal, Sandwich Board, Sidewalk, etc.
Projecting 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 (Overhanging sign has the same definition)
Projection Sign:
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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
,
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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-Frame Sign has the same definition. Sidewalk
Sign has similar definition).
Sidewalk Sign:
Means a freestanding temporary sign permitted in the Central Commercial
Zone only 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.
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.
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.
Vehicle/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 affixed to and structurally supported on the wall of a building
which is parallel to and projects not more than 500 mm (1.6 ft) from the face
of the building and a structure.
Window Sign:
Means a sign within a building which is located within 1.0 metre (3.28 ft) 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:
SIGN AREA MEASURED.SY DISPLAV·SllRfACE ~
DOD
0 11 0 11 0
SIGN AREA MEASURED BV FREE STANDING LETTfiRIN(;. ETC. ~
SIGN, HEIGHT:
a) in the case of a sign having one display
surface, the area of the display surface;
b) 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;
c) 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.
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.
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.
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.
STREET:
Means a road or public highway under the jurisdiction of the Town of Tillsonburg,
County of Oxford 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
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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.
TOWN:
Means the Corporation of the Town ofTillsonburg.
USE:
Means the uses allowed in the Municipality's Zoning By-law and as identified in the
Tables of this By-law.
When used as noun, means the purpose for which a lot building or structure, or any
combination thereof is designed, arranged, intended, occupied or maintained.
In cases where uses in Tables of this By-law conflict with the Municipality's Zoning
By-law uses or legal actual uses, the uses prescribed in the Municipality's Zoning By-
Law shall prevail.
VACANT LAND:
Means a property that does not contain any buildings or structures.
2.2 SCHEDULES TO THE BY-LAW
The schedules contained in this By-law form part of this By-law. A reference
in the By-law to a schedule shall be deemed to be a reference to a schedule
contained in the By-law.
2.3 INTERPRETATION
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. By-law can be read with the following interpretations:
a) In this By-law, reference to the masculine includes the feminine and
corporations regardless of which term in question appears.
b) In this By-law, reference to the singular includes the plural.
c) All measurements and dimensions in this By-law are expressed in
metric. · ·
d) "Schedule A" to this By-law shall be interpreted as if it is contained in
the text of the By-law.
SECTION3 ADMINISTRATIVE PROVISIONS
This By-law shall be administered and enforced by the Chief Building Official, or
designate.
3.1 OWNER RESPONSIBILITY
Neither the granting of a permit nor the review of the plans and specifications
nor inspections made by the Town shall in any way relieve the owner or any
other person from full responsibility for carrying out the work or having the work
carried out in complete accordance with the requirements of this By-law or any
other By-law or Law applicable to the sign.
3.2 RESPONSIBILITY: APPLICATION FOR PERMIT
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No person shall make an application for a sign permit who is not the owner of
the property or the owners authorized agent. Nor shall any person submit false
or misleading information or documents or make omissions that may mislead in
connection with any application for a sign permit, detail of construction or
revision thereto.
3.3 RESPONSIBILITY: PERMITS AND PENALIZATION
No person shall work or authorize work to proceed on any sign for which a
permit is required and which has not been obtained. Where a sign is found to be
in contravention of this By-law the Town, its servants or agents, may issue an
Order as per Section 10.2 of this By-law and may impose a penalty under
Section 11 of this By-law.
3.4 SIGN PERMIT REQUIRED
a) Except as permitted in Section 4 (Exempt Signs), no person shall
erect or alter a sign unless a permit under this bylaw for the sign has
been obtained from the Chief Building Official.
b) A sign permit shall not be issued to erect or alter a sign unless
an application for the sign has been submitted in accordance with
subsection 3.5 and has been approved by the Chief Building Official as
being in conformity with this By-law and all other applicable By-laws
and laws regulating signage.
•
c) A permit shall become null and void upon removal of the sign other
than the temporary removal as agreed to by the Chief Building Official
in writing for the purpose of repair.
3.5 APPLICATIONS FOR PERMITS, INFORMATION REQUIRED
a) The applicant for a permit to construct, erect, display, alter or repair
(other than normal maintenance) any sign or advertising device shall
complete an application form as prescribed by the Chief Building Official
for that purpose and file the completed application in duplicate with the
Chief Building Official;
b) The application referred to above shall:
i. Describe the land, building or structure on which the
proposed sign is or is to be erected, by street name, street
number or by other equivalent description;
20
ii. State the full names, addresses, and telephone numbers of
the owner and any occupant of the premises and the owner
and/or lessee of the sign;
iii. Contain a declaration to be sworn by the applicant as to the
truth and accuracy of the application, its contents and the
submitted documents including property owner
authorization;
iv. Be accompanied by plans, specifications, and drawings in
accordance with the following subsection;
c) The plans, specifications, and drawings required and referred to above
shall:
i. Be drawn to scale and be of sufficient detail to establish
that the work, when completed, will conform to the
provisions of this By-law and all other relevant By-laws of
the Corporation;
ii. Include information with regard to materials used:
message; lighting; colours; dimensions of the sign area;
sign face and supporting members; the maximum height;
clearance; projection and all other relevant structural
information;
iii. When applicable include an elevation of the premises upon
which the sign is to be erected indicating the location and
dimensions of the proposed sign on the building,
,
vehicular access, doors, windows and other existing signs;
and
21
iv. When applicable include a site plan of the lands upon
which the sign is to be erected indicating the location of the
proposed sign on the site, street lines and other boundaries
of the property, sighUvisibility triangle and the location
and dimensions of the building(s) thereon.
v. Heritage review in accordance with the section 3.6.
3.6 HERITAGE REVIEW
(a) In keeping with the intent and scope of the By-law, signs which are
proposed to be erected on a building or property that is currently on the
Town of Tillsonburg's List of Heritage Properties are subject to review
and approval by the Tillsonburg Cemetery and Heritage Advisory
Committee (TCHAC) prior to the issuance of the permit.
(b) In addition to Section 3.5 every application in clause (a) above
submitted to the TCHAC for review shall be accompanied by plans
drawn to scale clearly showing;
i. The type, character, dimensions and design of the
proposed sign including historically appropriate colours of
the sign and lettering.
ii. The proposed means of illumination.
iii. Any other information the TCHAC may prescribe or require.
3.7 PERMIT FEES
a) All applications for permits filed with the Chief Building Official shall be
accompanied by payment of the permit fee in accordance with the
Town Rates and Fees By-law as amended.
b) If any sign is installed or placed on any property prior to receipt of a
permit, the specified permit fee shall be doubled.
3.8 ISSUANCE AND DENIAL
a) The Chief Building Official shall issue a permit if the completed
application conforms to the provisions of this By-law and every other
By-law of the Municipality plus the Ontario Building Code and
regulations made thereunder and if all fees are paid;
•
b) The Chief Building Official may:
i. Refuse a permit for any sign if the building or structure to
which the sign is, or is to be attached, is incapable of
supporting such sign, or if the information submitted
regarding the construction of the said building or structure
is not sufficient to enable him/her to adequately determine
the capability of such building or structure to give such
support;
22
ii. Refuse a permit for any sign if the information submitted on
the permit application is incomplete or incorrect; and
iii. The Chief Building Official may refer to Council, or its
designated authority, any sign for which a permit is being
requested, which in the opinion of the Chief Building
Official, is unsightly, grotesque, or offensive in character.
3.9 PERMIT CONDITIONS, REFUNDS, REVISIONS AND PENAL TIES
a) If a permit is denied, the permit fee will be refunded to the applicant;
b) If no inspections have been made and no work authorized by the permit
has been performed, the permit fee, except for $150.00 may be
refunded to the applicant. No refunds will be provided for permit fees of
$150.00 or less;
c) Revisions may be made without charge to the applicant for approved
documents provided they do not require in the opinion of the Chief
Building Official additional work by the Town.
d) Every permit issued by the Town shall expire six (6) months from the
date of issuance unless the sign applied for has been erected in
conformity with the application and this By-law within that time.
e) A permit may be revoked by the Town under the following
circumstances:
i. Where the sign does not conform to this By-law and
amendments thereto.
ii. Where the sign does not conform to any regulation, law or
requirement of any governmental authority having
jurisdiction over the area where the sign is situated.
iii. Where the permit has been issued based on false or
misleading information.
'
iv. Where the permit has been issued in error by the Town.
v. Where the sign erected does not conform with the plans or
specifications approved by the Town on which the permit
was issued
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f) If any sign is installed or placed on any property prior to receipt of a
permit, the specified permit fee shall be doubled. However, payment of
the doubled fee shall not relieve any person of any other requirement or
penalties prescribed in this By-law.
3.10 INSPECTIONS
a) The Chief Building Official may require at the time of issuance of a
permit that notification be provided for an inspection(s) prior to the
installation of certain stages of the sign construction; and
b) Any person installing, structurally altering or relocating a sign for which
a permit has been issued shall notify the Chief Building Official upon
completion of the work. The Chief Building Official may require a final
inspection, including an electrical inspection.
SECTION4 EXEMPT SIGNS
4.1 SIGN PERMIT EXEMPTIONS
No sign permit is required to erect the following signs provided the
signs otherwise comply with the applicable provisions of this By-law:
a) Election signs (see Election Campaign Sign By-Law);
b) Real Estate signs/Open House Directional signs;
c) Personal signs;
d) A-Board/Sandwich Board/Sidewalk signs;
e) Promotional Construction Direction signs/Subdivision Development
signs;
f) A sign having a sign area less than 0.10 m2 (1.071'12) (e.g. poster).
g) Directional sign
h) Community Bulletin Area signage. Events sponsored by non-profit,
charitable organizations and community groups. Must have town
approval, 1 sign per location, must be removed 3 days after the event.
Not greater than 1.49 m2 (16 tt2) in size. Signs manufactured prior to the
passing of this by-law, which are larger than 1.49 m2 (16 ft2), will be
permitted for a period of 4 years from the date of passing this by-law.
i) Temporary signs for events sponsored by non-profit, charitable
organizations and community groups. Must have town approval prior to
erecting and must be removed 3 days after the event.
j) Promotional Construction Sign not exceeding 6.0 m• (64.58 ft2) in sign
area incidental to building construction erected within the area
designated for such purposes provided there is an active building permit
to construct on file with the Chief Building Official. Such sign shall not be
erected more than thirty (30) days prior to the commencement of
construction and shall be removed as soon as the construction is
substantially completed or discontinued for a period exceeding sixty (60)
days.
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j) Promotional Construction Sign not exceeding 0.5 m• (5.38 tt2) in sign area
incidental to construction, renovation, repair, service erected on the
property where the construction/service is being provided. Such sign shall
not be erected more than 5 days prior to the commencement of
construction/service and shall be removed as soon as the
construction/service is substantially completed or discontinued.
4.2 SIGN BY-LAW EXEMPTIONS
The provisions of this bylaw shall not apply to the erection of the following
types of signs:
a) Public use signs erected by a governmental body, or under the
direction of such a body, bearing no commercial advertising such as
but not limited to traffic signs, rail road crossing signs, safety signs,
signs identifying public schools or public buildings, public information
signs and other signs of a similar nature including signs required by
and approved by the Town to inform the public of planning applications;
b) Flags bearing the crest or insignia of any corporation, government,
agency or religion;
c) Commemorative plaques or corner stones that do not advertise;
d) One sign containing the name, address and profession of a resident or
25
occupant which may incorporate hours of work, operation or availability.
The aforementioned sign shall not be more than 0.2 m• (2.15 ft2) in sign
area and shall not include any commercial advertising.
e) One identification and vacancy information sign for a duplex dwelling,
triplex dwelling or converted dwelling not exceeding 0.2 m• (2.15 ft2)
in sign area and shall not include any commercial advertising.
f) No Trespassing sign or other signs regulating the use of property
provided such signs are no more than 0.2 m• (2.15 ft2) in sign area.
g) Memorial signs and plaques identifying a building or structure and its
architectural or historical significance not exceeding 0.5 m• (5.38 ft2) in
sign area.
h) Signs affixed to a community entrance feature displaying the name and
address of a residential community approved through a Planning
Development approval process.
i) Advertising on Town fixtures when approved by the Town.
SECTION 5 PROHIBITIONS
5.1 SPECIFIC SIGN PROHIBITIONS
Any sign not expressly permitted by this By-Law is prohibited and without
limiting the generality of the foregoing, the following signs are specifically
prohibited. No person shall erect, use or maintain, or cause or permit to be
erected, used or maintained any of the following signs:
a) 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;
b) Roof sign;
c) Overhanging sign/Projecting sign;
d) Vehicle/frailer sign on non-motorized vehicles where the purpose of
the sign meets the definition of a sign under this By-law;
e) A sign which may cause confusion with a traffic control sign or a traffic
control signal;
f) flashing or animated signs;
•
g) posters, flyers, stickers on public property; except at a designated sign
kiosk or designated location approved by the Town for such use;
h) signs located so as to obstruct the view of any pedestrian or motor
vehicle driver so as to cause an unsafe condition;
i) signs interfering with or obstructing the view of an authorized traffic sign,
traffic signal, or official sign or any sign capable of being confused with
such a traffic sign, traffic signal or official sign;
j) sign located within a sight/visibility triangle;
k) sign which is located so as to interfere in any way with the free use of
any fire escape, fire exit, door, window, skylight flue, air intake or
exhaust, or parking space;
I) moving, swinging, revolving, or rotating sign, except as specifically
permitted elsewhere;
m) Abandoned signs;
n) A sign which depicts violence, nudity or other sexually explicit conduct;
o) A sign which is located on public property unless permitted by this by-
law
p) Banner signs
5.2 PROHIBITED LOCATIONS
a) No sign or sign support structure shall be located in a manner which, in
the opinion of the Chief Building Official or By-law Enforcement Officer,
impedes the necessary view of a pedestrian or motorist;
26
b) 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 1.0 metre (3.28 ft) 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.
•
27
c) 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 Town;
d) No person shall locate a sign which obstructs or impedes the
functioning of any flue or air intake, or any exhaust system;
e) No person shall nail, screw, tape or otherwise fasten a sign to a tree,
fence or fence post other than a no trespass sign;
f) No person shall erect a sign with a footing/foundation less than 1.0
metre (3.28 ft) from a street line;
g) No person shall erect a sign higher than 0. 75 metres (2.46 ft) within
3.0 metres (9.84 ft) of any road allowance where the sign may
impede vision of an access from any improved public street to any lot;
h) No person shall erect a sign within any road allowance other than a
promotional subdivision development directional sign and an open
house directional sign.
i) No person shall erect a sign within a sight/visibility triangle.
SECTIONS GENERAL PROVISIONS FOR ALL SIGNS
6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES:
Except as otherwise permitted in this By-law the number of signs shall be limited to:
a) One (1) ground sign, pylon sign or monolith sign per lot;
b) For single-tenant buildings walls signs, awning signs and canopy signs
are only permitted on one wall face or elevation in accordance with the
maximum sign area provisions for the zone in which they are located,
except that where a business premise is located on a corner or through
lot or has entrances on two (2) or more public streets, or has both a
front and a rear public entrance, one (1) additional wall sign is
permitted;
(c) For multi-tenant buildings one (1) of any of the following per business
premise:
i. wall sign, awning sign or canopy sign, except that where a
business premise is located on a corner or through lot or
has entrances on two (2) or more public highways, or has
both a front and a rear public entrance one (1) additional
•
wall sign is permitted;
6.2 EXISTING SIGNS
a) 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.
b) 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.
6.3 ROAD ALLOWANCES • PROJECTION
a) In the event that an existing building is located up to or within a road
allowance, signs are allowed on the far;ade of the building within
the road allowance subject to complying with section 6.3 (b) and all
the provisions of this By-law.
b) No person shall erect, display or alter a sign which extends more than
0.6 meters (1.97 ft) from the building fac;:ade into a road allowance or
property owned by the Town of Tillsonburg.
6.4 ILLUMINATION
Signs shall not be illuminated in such a way that either the sign or the method
of illumination creates a hazard or a nuisance. Illuminated signs shall be
designed and erected so that light from such signs is deflected away from any
adjacent residential premises.
SECTION7 PERMITTED SIGNS
7.1 INTERPRETATION OF SECTION 7 AND SECTION 8
Section 7 and Section 8 of this By-law are interdependent and shall be
read together.
7.2 SIGNS IN SCHEDULES TO THIS BY-LAW
a) If a sign is specifically defined in this By-law, but not listed as an
allowed sign, then the sign shall not be allowed.
b) A sign that is listed in a schedule as being allowed shall only be
allowed if it satisfies all applicable provisions of this By-law and any
other applicable law.
28
7.3 PROPERTY USE CATEGORIES
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 "Schedule A" to this By-law:
SECTION 8
RES
IND
SC
NC
INS
FD
EC cc
residential
industrial
service commercial
neighborhood commercial
institutional
future development
entrepreneurial
central commercial
SPECIFIC SIGN REGULATIONS
8.1 AWNING SIGNS
a) No portion of an awning sign shall be located less than 2.4 meters
(7.87 ft) above finished grade immediately below such sign.
b) No awning sign, or part thereof, shall extend laterally beyond the
extremities of the awning.
c) Awning signs are not permitted to project into a lane or alley.
8.2 BILLBOARD SIGNS
a) A billboard sign shall not be located, erected or displayed within 400
meters (1,312.24 ft) of any other billboard sign.
b) Animated signs are not allowed as billboard signs.
8.3 CANOPY SIGNS
No portion of a canopy sign shall be located less than 2.4 meters (7 .87 ft) above
finished grade immediately below such sign.
29
a) A canopy sign is permitted to project a maximum of 150 mm (0.51 ft) from
an existing canopy structure.
..
30
b) A canopy sign shall be designed as an integral part of the attached or free
standing canopy fascia.
c) No canopy sign shall extend beyond the limits of the canopy fascia.
d) Canopy signs may be illuminated internally or externally.
8.4 ELECTRONIC MESSAGE BOARD SIGNS
a) The intensity of the illumination shall be maintained at a constant level,
and pursuant to section 5.1 of this bylaw, flashing or animated signs are
prohibited and signs are prohibited that interfere with or obstruct the
view of an authorized traffic sign, traffic signal, or official sign designed
to maintain public safety.
8.5 GROUND SIGNS
The following regulations shall apply to all ground signs:
a) The maximum number, area and height of all ground signs shall comply
with the provisions contained within this By-law for the zone
designation in which the ground sign is erected;
b) All ground signs must include the municipal street address if the sign is
located on the street frontage pertaining to the street address and shall
display the municipal address number in numerals and letters that are a
minimum of 150 mm (0.51 ft) in height;
c) A ground sign shall not be located within 1.5 meters (4.92 ft) of a
driveway entrance or exit;
d) Ground signs shall not be located within a 7.5 meter (24.61 ft) radius of
a traffic light;
e) Ground signs shall be setback from common lot boundaries with
adjacent lots a minimum of 1.5 meters (4.92 ft) or the height of the sign,
whichever is greater.
f) Ground signs erected in non-residential zones shall be setback from
the boundaries of any adjacent Residential Zone a minimum of 9.0
meters (29.53 ft).
g) Ground signs may be illuminated internally or externally.
'<
31
8.6 MOBILE SIGNS
Mobile signs shall be erected in compliance with the following:
a) A mobile sign advertising a business may be erected provided that it is
located on the same property as the business which it is advertising.
b) No flashing lights
c) One sign per property is permitted at any one time except properties
with a frontage exceeding 50 m (164.0 ft) or part thereof are permitted
an additional mobile sign provided no mobile sign is located closer than
30.0 m (98.44 ft) from any other mobile sign
d) 30 meter (98.43 fl) distance between mobile signs
e) Mobile sign permits are valid for 30 days
f) Mobile sign permits may be renewed for a maximum of 180 days in a
12 month period with the exception of multi-tenant properties which are
permitted 365 days in a 12 month period
g) Signs shall not be placed in sighUvisual triangles or near driveways that
may block motorists view
h) Where the mobile sign is rented/leased from a sign company, the sign
shall have the name and telephone number of the sign company
affixed to the sign in a clear and visible location.
8.7 MONOLITH/PYLON SIGNS
a) 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.
b) 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 and shall display the municipal address number in
numerals and letters that are a minimum of 150 mm (0.51 fl) in height;
c) Monolith signs shall not have a sign display surface located lower
than 1.5 metres (4.92 fl) above finished grade.
d) Pylon signs shall not have a sign display surface located lower than
2.44 metres (8.01ft) above finished grade.
e) The distance between Monolith/Py/on signs on adjacent properties
:
shall not be less than 7.60 meters (24.93 feet).
8.8 MUL Tl-UNIT RESIDENTIAL SIGNS
a) The types of signs permitted as a multi-unit residential sign are the
following:
-ground signs,
-wall signs,
-awning signs and
-canopy signs
b) The maximum number, area and height of all signs shall comply with
the provisions contained within "Schedule A".
8.9 OPEN HOUSE DIRECTIONAL SIGNS
Open House Directional signs shall be erected in compliance with the
following:
a) A maximum of 5 signs per open house are permitted;
b) Signs shall only be used and displayed 5 days before a scheduled
open house and such signs must be removed immediately after the
open house;
c) Signs shall not exceed a maximum height of 0.60 meters (1.96 ft);
d) No sign shall be located in a manner that reslricls 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.
8.10 PERSONAL SIGNS
a) Personal signs may be erected for a one (1) week period. A minimum
of sixty (60) days must elapse between a personal sign being removed
and another personal sign being erected.
8.11 PORTABLE/A-FRAME/SANDWICH BOARD SIGNS
Portable/A-Frame/Sandwich Board signs shall be erected in compliance with
the following:
a) Shall only be used and displayed during the actual hours of operation
of the business that it is advertising;
. ----~--------
32
b) Only one (1) sign permitted per business with a maximum of two (2)
signs permitted per property;
c) Properties that front onto multiple streets are permitted to place signs
on each street frontage as per section 8.11 (b);
d) Sign shall not exceed 1.0 metre (10.76 ft) squared;
e) Shall n at 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, or interferes with parking spaces;
f) Sign shall not be placed closer than 0.30 m (1.0 ft) from the street line;
g) Signs manufactured prior to the passing of this by-law which are in
excess of 1.0 meters (10. 76 ft) squared shall be permitted for a period
of 4 years from the date that this by-law was passed;
h) Shall not be illuminated;
8.12 PROMOTIONAL SUBDIVISION DEVELOPMENT DIRECTION SIGNS
Promotional Subdivision Development Direction signs shall be erected in
compliance with the following:
e) A maximum of 4 signs per sales office/model home
33
f)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 1.0 metre (328 ft) to the curb, or where there
are no curbs, 3.0 metres (9.84 ft) 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.
g) No Promotional Subdivision Development Direction sign shall be
located within 25 meters (82.02 ft) of an intersection measured from the
intersecting edge of curb or traveled portion of the street.
h) 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;
i) No Promotional Subdivision Development Direction sign shall be
located within 10 meters (32.81 ft) of another Promotional Subdivision
Development Direction sign.
8.13 PROMOTIONAL CONSTRUCTION SIGNS
Promotional construction signs shall be removed within thirty (30) days of
substantial completion of the project.
8.14 SIDEWALK SIGNS
No person shall erect, locate or display a Sidewalk sign except in accordance
with the applicable regulations under this section of the By-law:
a) No sidewalk sign shall exceed 0.75 metres (2.46 ft) in width or 1.0
metres (3.28 ft) in height including the sign frame and shall not exceed
0.75 metres (2.46 ft) squared in area including the sign structure;
b) No sidewalk sign shall be permanently secured to the ground, any
structure or tree.
c) Where a sidewalk sign is erected, located, or displayed, it shall be
erected, located, or displayed against the front wall of the business it is
advertising.
d) No sidewalk sign shall be erected, located, or displayed on public
property except on a public sidewalk.
e) Where a sidewalk sign is erected, located, or displayed on a public
sidewalk, it shall be erected, located, or displayed against the front wall
of the business it is advertising provided there is a minimum 1.5 meters
(4.92 ft) of unobstructed sidewalk.
f) No person shall erect, display or locate a Sidewalk sign on a public
sidewalk except during the hours of operation of the business that it is
advertising.
g) The sidewalk sign may advertise more than one occupant or business
contained within a single building or storefront
8.15 SUBDIVISION DEVELOPMENT SIGNS
a) A subdivision development sign shall not be erected until the
subdivision being advertised has been draft approved and must be
34
located on the plan of subdivision site.
b) 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.
8.16 WALL SIGNS
The following regulations shall apply to wall signs:
35
a) No wall sign, or part thereof, shall extend above the top extremity of the
wall upon which it is placed.
b) No wall sign, or part thereof, shall extend laterally beyond the
extremities of the wall upon which it is placed.
c) No wall sign, or part thereof, shall project more than 500 mm (1.64 ft)
from the wall upon which it is placed.
d) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft)
from the wall upon which it is placed shall be located less than 2.4
meters (7.87 ft) above the grade below such sign.
e) No wall sign, or part thereof, that projects more than 50 mm (0.16 ft)
from the wall upon which it is placed if located on a lane shall be
located less than 5.0 meters (16.40 feet) measured vertically from the
surface of the lane.
f) Wall signs shall only be located at the level having direct access to an
exterior public way except that where a premise occupies all levels in a
multi-storey building the wall sign may be located above the level
having direct access to an exterior public way.
g) Wall signs permitted on any wall of a commercial, industrial or
institutional building shall have a maximum sign area of 0.75 m2 (8.07
ft2) per horizontal linear meter of the wall face.
h) Wall signs shall not cover more than 20% in total aggregate area of the
wall on which they are erected, displayed or placed.
i) The total area of any sin:P-le wall sign per business premise shall not
exceed 35 m• (376.74 ft).
j) Wall signs shall not be painted on the exterior walls of any building
excluding a mural which has been approved by Council.
36
8.17 WINDOW SIGNS
a) Window signs shall not block the clear view of exits or entrances at
any time;
b) All zones are permitted window signs of less than 1.0 meter ( 1 O. 7 6
ft) squared indicating that the business is "open";
c) No window signage shall be permitted above the second story of any
building; and
d) For premises on the second storey or higher level of a building which
has a door or entrance at the street level, a window sign or sign shall
be permitted at the street level.
SECTION 9 VARIANCES
9.1 APPROVAL AUTHORITY
The Director as the delegated authority, at his/her discretion, may approve
minor sign variances to this Sign By-law in the following situations:
a) The Director may vary the following provisions of the Sign By-law at
the time of site plan approval:
i. The location of any sign on a building or property.
ii. The number of signs on a building or property, having
regard for the sign type, property use and the size of the
property
b) The Director will consider minor sign 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 9.1 (a)
c) At the discretion of the Director, applications which are deemed to be
not minor in nature will be considered immediately by Town Council for
a final decision.
9.2 MINOR SIGN VARIANCE CONSIDERATIONS
In considering a minor sign 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
9.3 DIRECTOR APPROVED EXEMPTIONS
The Director's approval authority does not apply to the following sections of
the Sign By-law:
a) Schedule A, Permitted Sign Use/Property Use Table, Signs allowed by
property use
b) All Sign By-law provisions with regards to Mobile Signs
c) All provisions with regard to Billboard Signs.
9.4 VARIANCE APPLICATIONS
An application for a variance from one or more of the requirements in this
Sign By-law shall:
a) Describe the land, building or structure on which the proposed sign is
or is to be erected, by street name, street number or by other
equivalent description;
37
b) State the full names, addresses, and telephone numbers of the
owner and any occupant of the premises and the owner and/or lessee
of the sign;
c) Contain a declaration to be sworn by the applicant as to the truth and
accuracy of the application, its contents and the submitted documents
including property owner authorization; Be accompanied by plans,
specifications, and drawings in accordance with the following
subsection;
d) The plans, specifications, and drawings required and referred to above
shall:
>,
\,
vi. Be drawn to scale and be of sufficient detail to establish
that the work, when completed, will conform to the
provisions of this By-law and all other relevant By-laws of
the Corporation;
vii. Include information with regard to materials used:
message; lighting; colours; dimensions of the sign area;
sign face and supporting members; the maximum height;
clearance; projection and all other relevant structural
information;
viii. When applicable include an elevation of the premises upon
which the sign is to be erected indicating the location and
dimensions of the proposed sign on the building,
vehicular access, doors, windows and other existing signs;
and
38
ix. When applicable include a site plan of the lands upon
which the sign is to be erected indicating the location of the
proposed sign on the site, street lines and other boundaries
of the property, sight/visibility triangle and the location
and dimensions of the building(s) thereon.
x. Heritage review in accordance with the Section 3.6.
e) Be made by an owner, or authorized representative of an owner, of
the property on which the sign is to be erected.
f) Be filed with the Town for consideration by the Director.
g) Include a justification of why the provisions of the Sign By-Law cannot
be complied with.
9.5 APPROVAL AND CONDITIONAL APPROVAL
The Director may approve or refuse any variance application and may
impose conditions upon an approval as deemed appropriate.
9.6 APPEAL PROCESS
Should the Director refuse a variance application the property owner,
or authorized representative of the owner, may file an application
with the Town for an amendment to the Sign By-law for consideration by
Council.
SECTION 10 ENFORCEMENT PROVISIONS AND REMOVAL OF
UNLAWFUL SIGNS
10.1 TOWN PROPERTY
No signs shall be placed on or over Town property without approval from the
Town. Where a sign does not comply with this by-law, is erected or displayed
on, over, partly on, or over property owned by or under the jurisdiction of the
Town, the sign may be removed immediately by the Town without notice or
compensation. For this purpose, the Town and its agents may enter upon land
at any reasonable time.
10.2 CONTRAVENTION PROCEDURE
Where a sign does not comply with this by-law, is erected or displayed, the
Chief Building Official or By-Law Enforcement Officer shall issue an order to
do the work to correct the contravention, by personal service or regular mail,
to the owner of the sign, or the owner or occupier of the land upon which the
sign is located, the order shall include the following;
a) The order shall outline the nature of the contravention,
b) The section of the by-law that is contravened
c) The date by which there must be compliance
d) A description and address of the sign that is in contravention
e) Include a statement of where and how the Sign may be redeemed
10.3 SIGN REMOVAL AND DISPOSAL
Where a sign has been removed by the Municipality pursuant to this by-law,
the owner and/or occupant is liable to a minimum charge per sign as per the
Municipalities Rates and Fees By-Law as amended or the actual cost of
removing the sign(s), whichever is greater. Signs that are removed shall be
stored by the Municipality for a period of 30 days, during which time the
owner, occupant, and/or permit applicant is entitled to redeem the sign. The
cost of removing the sign and the storage fee as per the Municipalities Rates
and Fees By-Law as amended must be paid to the Municipality before the sign
will be released. At the expiry of 30 day period, the sign will be disposed of by
the Municipality. All fees and removal is to be at the expense of the owner or
occupant and the expense may be collected in like manner as municipal taxes.
39
40
10.4 UNCLAIMED SIGNS
If there is no lessee of the sign or the lessee or owner of the sign or their agents
cannot be determined with certainty, the Chief Building Official or designate
may forward the notice to the person or agent thereof having the use or major
benefit of the sign.
10.5 UNSAFE SIGNS
Where in the opinion of the Chief Building Official a sign is unsafe, the Chief
Building Official may have the sign removed immediately without notice.
10.6 MAINTENANCE
The owner of the lands or premises upon which any sign or advertising device
is located shall maintain or cause such sign or advertising device to be
maintained in a proper state of repair so that such sign or advertising device
does not become unsafe, unsightly, dangerous or a nuisance. All signs shall be
completely operative at all times.
SECTION 11 OFFENCE AND PENAL TIES
11.1 RESPONSIBILITY TO COMPLY
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.
11.2 LIABILITY TO FINES
Every person who contravenes any provision of this By-law shall be guilty of
an offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33.
11.3 RECOVERING EXPENSES
a) Where any person is directed or required by this by-law to do any
matter or thing, such matter or thing may be done in default of its
being done by the person directed or required to do it, at that person's
expense, and such expense may be recovered by action or as
municipal taxes in the manner prescribed by the Municipal Act.
b) The payment of any fees and charges are required under this by-law
does not constitute partial or full payment of any fines imposed by a
SECTION 12
court of competent jurisdiction for an offence committed under this or
any other by-laws.
SEVERABILITY
41
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.
SECTION 13 CONFLICTING BY-LAWS
Where there is a conflict of the provisions between this By-law and any other
By-law of the Town regulating signage, the provisions of the By-law deemed by
the Chief Building Official to be the most restrictive shall prevail.
SECTION 14 INDEMNIFICATION
The applicant for a permit for a sign, and the owner and occupant of the lands
and premises on which any sign is erected, shall be jointly and severally
responsible to indemnify the Town, its officers, employees, servants and
agents, from all loss, damages, costs, expenses, claims, demands, actions,
suits or other proceedings of every nature and kind arising from and in
consequence of the construction, erection, maintenance, display, alteration,
repair or removal of such sign.
SECTION 15 VALIDITY:
In the event any part or provision of this By-law is held to be illegal or void, this
shall not have the effect of making illegal or void any of the other parts or
provisions thereof, which may or shall be determined to be legal.
SECTION 16 REPEAL
Town of Tillsonburg By-Law 2976 and all of its amendments are hereby repealed upon
the date this By-law comes into effect.
42
SECTION 17 EFFECTIVE DATE
This by-law shall become effective upon the passing thereof.
READ A FIRST TIME AND SECOND TIME THIS 27 day of February, 2014.
READ A THIRD AND FINAL TIME AND PASSED thiib2X_ day of Prpr ,\ '2014.
Clerk -Donna Wilson
,"fl'l'E OF SIGN!
Awning
Bil//Joard Sign
Canopy Sign
Directional
Sign
Bectronic
Message
Board
Ground Sign
Menu Boald
Sign
Mobile Sign
Monolith/Pylon
Sign
SCHEDUlE A: PERMITIED SIGN USE/PROPERTY USE TABLE
INS1ITUTIONAL
I'' .,.,_, ·.. r·---.. ~ow•d !iGGW~BI~~
Allowed
".' ····· ·1 l;\'.ii.~<'
Not Pennltted //L~~t#~ oili~ Not Pennitted
.·~,. -
Allowed
'''<••· ·•··· ·· I I:' ,.;;~\.'~~~· ·· · ·I r:c
Allowed
HEIGHT: 3 m (9.04 tt)
Not Pennltted
!Allowed: one per property,
provided no ground sign
already
IAREA: 10.6 m2 (200 Ii'>
IAIIowed: No Maximum
:1 IAREA: 3.om2 (3929 Ii')
..• '·' iJHEIGHT: 2 m (6.!i6 It)
~~-~.-·ij~~.\iAllowed: one as part Of ground,
/; pylon, or mooolilh sign
::IAREA: .50% of area of ground.
'.: pylan, or monolilh sign
'/ { Allowed: one perpropeey,
JHlfi:'E pm'llided no py!on or monolith _''.:~~:'i'.;-~: sign already
;:.;;f; AREA: 6.G m2(54.58 fi')
,, .;: HEIGHT: 3 m (9.04 tt)
"•!."-Iii~-~:
Not Pennltted
Allowed
.,,, .. AREA:4.7m2 (51 Ii')
? HEIGHT: 2 m (6.!i6 It)
Allowed: one per property,
( pnrvicfed no ground s1gn
'',•,already
' . ' AREA: 18.6 rrf' (200 Ii')
'JHEIGHT: 9.75 m (31.99 ft)
ENTREPRENEURIAL
Not Pennltted
Not Pemtitted
Not Pemtitted
fAlfowed: No Maximum
AREA: 0.3 rrf' (32311")
HEIGHT: 122 m (4 fi)
Not Permitted
Allowed: one per properl!f,
provided no pylon or monolilh
sign already
AREA: 11i m2(16.15 Ii')
HEIGHT: 1.!i m (4.9211)
Not Pemtitted
Not Pemtitted
Not Pennllled
0
4~~
CENTRAL COMMERCIAL .
Allowed: one per J]roperty~·pi'0"1i:I~_:
no canopy or wall s[gn afreCloi'; ·
Not Permitf_ed
ARoWed: one per pmp~rtY~:·~~~a.~: ·'
no awning orwa11·s1gn._ ~reBW '::·
AHowed: No Max~UliJ
AREA: D.3 m2 (323 ft")
HEIGHT: 122m(41t): .
Not Pellllitlild
AUowecl: one petj]rO~~riY._-~~~~~'.~'.
no pylon er monolilh siQri~~dt ,~ · · -
AREA: 3.75 m2 (4D.3ey it') · , . , ', .. ·'·--.'·'<:--.-,-;
HEIGHT:3m(9.04tt),. · ··• •,)
Not Pennllfell .
Allowed
AREA: 4.7m2 (51 tt")
HEIGHT: 2 m (6.56 ltJ. •
ADowed: one per prClp~. PiUiJ.fCI~ ; ..
nogroundsfgnal~ -· '· ...
AREA: 18.6 m2 (200 lf)
HEIGHT: 9.75 m (31.9911) ,
{;
TYPE OF SIGNI
Multi-Unit
Residential
Sign
OverharJging
Sign
Personal Sign
Poftflb/e Sign (A-'
Hamer
Sandwich, etc)
Poster
Pre-menu
Board Sign
Promotional
SubdjviBfon
Development
Direction Sign
PromoUonal
Construction
Rea/Estate
Sign
Roof Sign
SCHEDULE A: PERMITTED SIGN USE/PROPERTY USE TABLE
',~ia~l!)il~ >~ . ,INDUSTRIAL \•coMNIEl'dcAt..\ \1NSTITUTIONAL \'fUTilRE~~..O~MENT !ENTREPRENEURIAL lcENfukcPMME~IAL
Not Permitted
~l~~t~~j':t·>····· Not Pennltted
"~--
Not Pennltled
.... Allowed: one stgn
AREA: 0.3 m• (323 ft'J
, Noi~eiiti~' · . -·-. •' . : --~ '::~~--' --:;
N9f~~it!Eif-.--·
·Allowed
AREA: 1 m2 (16-7611")
HBGHT: 125m(4.1011)
Allowed: one per strucb.Jra
AREA: 111 m' (1.08 ft')
'1il~~r~i~\1i -~~=~:~~~~~~m l~~~~11~~11~F.3 • , =1 m•110-7sll") ~~\'~t1~-teyit%\
-·,'!~iii,\~Wfil:, · -., HEIGHT: 125 m (4.10 ft)
"<o'
Not Permitted 1-Ei\i1iir Not Pennltted
iAJlowed: max four per model home/sales oftice in a registered subcliV'tsion develop-ment
!.#~~~~lr~i-
·. ·' ;.;_ , • N~'Plf(JJ)ili!!d __ ---,,_
f::·
" 1,
Al[Gwed: one per structure
AREA: 0.1 m'(1DS ft")
No!Pennltled
NotPennltled
·----§:~;:::;-:. lfii§:~=':, BBI';§:¥:.::~
___ , _______ , ..... _ .... ___ ,__________ 11d~~~1~1r~;/1~~~1 ; .. ··=~1~t::~~-·-,!Allowed: per lot tronfage
1AREA: 12,0 m' (129-17 ll"l
l~~dip.ii_i<)f~~
i_,-,,/ __ ,_,_--;'_.'> _ ---- -':: .l~ij(~l1~~f-'• .. v> ~~t;~~~c, > Not Permitted i'i') ~~~~'~ . -N~tPe~@e~c,-· -. Not P~mitted Not Permlttod
. ,,.--' ·~ ', •• -~-
l~~,;:~f~:~< ..
.• , 'N'gi~ •• ifut~ ... ·. --
.,.,.~ ,_, ;:-.·-
,~~!!~j~S,<-
Wl~ith!-·t~·il)(i4;§1 Jtf •
?':
~~:~~:~~~_:p_;;191~~-~~-!'~~1Y~~:.:_~: .1\REM~:iiinc,¢79-il"'JltiH m~ • !1l~lj:if ._ ··-· ---··--_... • '·
• Residential Real Estate Signs -in 1he case of a co-lisllng 2 signs are pemlittecl.
'
v
41'':1
0
TYPE OF SIGNI
Sidewalk Sign
Subdivision
Development
Wal/Sign
Window Sign
SCHEDULE A: PERMllTED SIGN USE/PROPERTY USE TABLE
,.... ,. < l'NDUSTRIAL 1[¢J~~fu¢41LG/
,.,.p_,-,--," -----,-,._,., __ , ---- -:~y~~~-~~'~j;~;;i'.·'.·::·::.,:::: Allowed: one sign
~OLi5~{8;ii!Jt"i .... AREA:0.75m'{S.071l') ,Hs1~~21~~~·~.~r ... ·. HEJGHT: 1.0 m (32~11) HEJGHT: 1.0 m (328 ft)
I INSTITUTIONAL
WIDTH: 0.75 m (2.46 ft) WIDTH: 0.75 m (2.46 ft)
~~;~ :CL:l:~~:1:!:Pi!:: mad
subcfNision site to a max of 4
·'.':e.''-.
Not.AppUea!Jle
HEIGHT: 6.0 m (19.6911)
Allowed: Unlimited in terms of number of Signs. but must meet area requirements
ENTREPRENEURIAL
Allowed: one sign
AREA: 0.75 m" (8.0711')
HEIGHT: 1.0 m (328 ft)
WIDTH: 0.75 m (2.4611)
N<i! AppRcable
wall signs pennllled on any wall of a oommen:ial, indusb1al or institutional building shall have a maximum sign area of 0.75 m 2 (8.07112) per noriZontal linear meterof the wall face.
.. . .. ~'"'!' r_·_··.:1wall Signs shall not cover more than~% in lolal a~ale area of the wall on which they are erected, displayed or placed.
cc · · • ·.): In CC zone-allowed. proVlded no awnmg or canopy srgn already
.-1 ··'
llletolal area of any single wall Sign per business premise shall not exceed 35 m" (375.74 tt 2).
Allowed: one sign. must meet area requiremenls 1~·c::·~
'c···
50 % of window area distributed across 100% of the glass 1~~~~~9~~~.; AREA: Residential buildings Within the DOWNTOWN area are alloWed 10% of the window area
,,
;~'i
4f:.