Signs

CORPORATION OF THE TOWNSHIP OF MCKELLAR

BY-LAW NO. 2004-17

Being a By-law to prohibit and regulate
signs in the Township of McKellar

WHEREAS Section 99 of the Municipal Act, S.O. 2001, as amended provides that Council may pass by-laws for prohibiting or regulating signs and other advertising devices within the municipality;

AND WHEREAS Section 11(1) of the Municipal Act, S.O. 2001, provides that Council may pass by-laws respecting matters within the highway sphere of jurisdiction;

NOW THEREFORE the Council of the Corporation of the Township of McKellar hereby enacts as follows:

PART 1 - DEFINITIONS

1.01 In this By-law, words that are defined have the following meanings:

1.02 'Accessory Sign' means a sign identifying, advertising or directing attention to a business, profession, commodity, subject service or entertainment which is conducted, sold or offered at the lot upon which the sign is located, and may incorporate changeable message areas on which accessory message may be displayed.

1.03 'Alter, Altered or Alteration' means to change any one or more external dimensions or location of a sign but shall not include replacement of a sign face, painting, repainting, cleaning or normal maintenance and repair of a sign not involving structural change.

1.04 'Chief Building Official' means the Chief Building Official for the Corporation of the Township of McKellar or his/her designate.

1.05 'Clear Height' means the distance between the highest elevation of the ground beneath a sign or awning and the lowest point of the sign (excluding support poles) or the awning, as the case may be.

1.06 'Contractor's Sign' means a single or double faced temporary accessory sign containing the name of the contractor or the name of the product being used for an on-going construction, renovation or maintenance project on the lot.

1.07 'Corner Lot' means a lot situated at the intersection of and abutting upon two or more streets provided that the angle of intersection of such streets is not more than 135 degrees.

1.08 'Day Light Triangle' means a triangle area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 6.0 metres from their point of intersection. A corner lot is a lot situated at the intersection of, and abutting, two streets, or parts of the same street, the adjacent sides of which street or streets (or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees.

1.09 'Directional Sign' means a sign which provides direction or information for the control of vehicular traffic such as an entry or exit sign or a loading area sign.

1.10 'Election Sign' means a sign erected in connection with a federal, provincial or municipal election and/or referendum.

1.11 'Erect' means to build, construct, place, reconstruct, alter or relocate and, not to limit the generality of the foregoing, shall include any preliminary physical operation such as excavating, grading, piling, cribbing or filling, structurally altering, making an addition, deletion, enlargement or extension but a change in the message of a sign or advertising device shall not constitute an alteration which requires a sign permit unless the sign frame or part thereof is changed, moved or removed.

1.12 'Fascia (Wall) Sign' means a single faced accessory sign which is attached directly to the wall of a building and which does not project more that 0.35 metres from the building and any message displayed on an awning or marquee, whether projecting over a street or not, shall be deemed a fascia sign for the purposes of this by-law. A fascia sign does not include a non-accessory sign.

1.13 'Fingerboard Sign' means any sign that identifies a road or business and is located at the intersection of a municipal or private road, but does not include a sign located at the intersection of two private roads.

1.14 'Ground Sign' means a single or double faced accessory sign which rests on the ground or is mounted on one or more poles where the sign has a height of less than 3.1 metres.

1.15 'Illuminated Sign' means a sign illuminated by any artificial light source.

1.16 'Lot' means a single, separate parcel of land, which is capable of being conveyed, whether such parcel is described in a registered deed or is shown in a registered plan of subdivision, including any of its parts which are subject to right-of-way or easement.

1.17 'Municipal Public Sign Board' means a sign structure erected by the municipality on public property in which non-accessory signs may be attached.

1.18 'Municipality' means the Corporation of the Township of McKellar.

1.19 'Non-Accessory Sign' means a sign identifying, advertising or directing attention to a business, commodity, subject, service or entertainment which is conducted, sold or offered elsewhere than at the lot upon which the sign is located and which rests on the ground or is mounted on one or more poles where the sign has a height of less than 3.1 metres.

1.20 'Official Sign' means a sign required by or erected under any statute, regulation, by-law or directive of any federal, provincial or municipal government or agency thereof or board or commission and includes a municipal public sign board.

1.21 'Painted Sign' means a sign painted on the wall or roof of a building and shall be deemed to be a fascia sign if the sign is accessory or a poster panel if the sign is non-accessory.

1.22 'Personal Identification Sign' means a single or double faced accessory sign that identifies the residential occupants of the lot.

1.23 'Portable Sign' means a single or double faced accessory or non-accessory sign which is positioned without a permanent means of anchorage to the ground and includes an 'inflatable device tethered to any building, anchor or land'.

1.24 'Poster Panel' means a single or double faced non-accessory sign which is used for the display of a message produced on sheet paper and applied to the sign face or painted directly onto the sign face.

1.25 'Private Directional Sign' means a single faced or double faced accessory sign that indicates points of ingress, egress, traffic circulation, rest rooms, parking areas or similar information on the lot.

1.26 'Private Warning Sign' means a single faced accessory sign that directs a warning to the public such as no trespassing, beware of dog, no hunting, or similar warnings.

1.27 'Public Utility' means an entity which provides a municipal or public utility service, and includes the Municipality, Bell Canada, Hydro One and Cogeco Cable.

1.28 'Real Estate Sign' means a single or double faced accessory sign used to advertise that a lot, building or structure is for sale, lease or rent or has been sold, leased or rented.

1.29 'Roof Sign' means a sign erected entirely on or above the roof or parapet of any building.

1.30 'Sandwich Board Sign' means a free standing single or double faced temporary accessory sign having a maximum sign area of 0.5 m² (5.38 sq ft) for each sign face.

1.31 'Sign' means a device or surface upon which there is printed, projected or attached any announcement, declaration, or insignia used for direction, information, identifications, advertisement, business promotion or promotion of products, activity or services, and includes a structure, whether in a fixed location or designed to be portable or capable of being relocated, or a part thereof specifically designed for the forgoing uses. Furthermore, this includes banners, advertising devices or any fixed or portable object intended for advertising purposes.

1.32 'Sign Administrator' means the Chief Building Official and/or By-law Enforcement Officer.

1.33 'Sign Area' means the area of a sign face, excluding supports, frames and other incidentals to the sign, except on a double faced sign where only the larger of the two sign faces shall be calculated as sign area. Where letters, figures or symbols are affixed to a wall separately to constitute a sign, the sign area shall be deemed to be the area of the smallest rectangle, triangle or combination thereof which will enclose each sign message that conveys a separate thought.

1.34 'Sign Face' means the opaque, transparent or translucent surface of a sign, upon, against or through which the message of the sign is exhibited, and is the area defined by a geometric shape within a perimeter bounded by the inside of the sign frame or sign structure.

1.35 'Sign Structure' means the support, uprights, bracing and framework of the sign.

1.36 'Street' means a highway as defined in the Municipal Act and includes the travelled and non-travelled portion of a street or road allowance.

1.37 'Temporary Sign' means a single or double faced accessory or non-accessory sign which is capable of being readily moved or removed.

1.38 'Through Lot' means a lot other than a corner lot which has two separate street frontages.

1.39 'Zone' means a zone as delineated on the zoning maps attached to the Township of McKellar Zoning By-law, as amended from time to time.

PART 2 - ADMINISTRATION

2.01 ADMINISTRATION OF THE BY-LAW

This By-law shall be administered by the Sign Administrator.

2.02 PERMITS REQUIRED

(a) Except for the signs referred to in Section 2.08, no sign shall be erected, displayed, repaired, or altered unless a sign permit is obtained therefor.

(b) Where required by the Ontario Building Code, signs shall also be required to have a building permit issued.

(c) Where a sign has been lawfully erected prior to this by-law coming into force, such sign shall be permitted provided that it is not removed, enlarged or structurally altered. The maintenance and repair of the sign or a change in the message displayed shall be deemed not in itself to constitute an alteration.

2.03 APPLICATIONS FOR SIGN PERMITS

The applicant for a sign permit shall:

(a) File with the Sign Administrator two copies of an application, which shall be on forms to be obtained at the Building Department for the Municipality. The applicant shall clearly and fully provide and set out the information required to complete the said application forms and shall verify the correctness of the information supplied in the application;

(b) Submit two (2) sets of drawings and specifications covering the construction of the sign and the sign structure, and the identification of the materials to be used in the construction of the sign and the sign structure. All signs shall be designed and constructed in compliance with the applicable provisions of the Ontario Building Code;

(c) Submit two (2) sets of scale drawings of, and such other information with respect to, any building upon which it is proposed to locate the sign and the sign structure, as may be necessary to determine whether the structure of such building will carry the additional loads and stresses imposed thereon by the erection of such sign and sign structure without exceeding the stresses specified in the Ontario Building Code;

(d) Submit two (2) copies of a scaled site plan showing the adjacent streets, property lines, street frontage, or other boundaries of the lot upon which it is proposed to erect the sign, and the location of the sign upon the lot in relation to other buildings, structures and signs upon such lot, or upon the premises immediately adjacent thereto;

(e) Submit, if required, structural drawings of the proposed sign structure which have been stamped by a registered professional engineer;

(f) Submit, if the applicant is not the owner, a statement authorizing the applicant to apply on behalf of the owner;

(g) Obtain any written approval from governmental authorities or public agencies having jurisdiction prior to erecting the proposed sign.

2.04 ISSUANCE OF SIGN PERMITS

The Sign Administrator shall examine all applications for sign permits.

(a) When the prescribed fee has been paid in accordance with Schedule 'A' attached hereto, and the applications, drawings, specifications and site plan or survey conforms to the requirements of this By-law, the Ontario Building Code and all other applicable regulations, the Sign Administrator shall issue the permit together with one set of the approved drawings and specifications to the applicant and retain the other set.

(b) Every permit shall expire if active work is not commenced within a period of six (6) months from the date of its issue, but before it has so expired, the permit may be renewed for up to a further six (6) months provided that the proposed work continues to comply with the provisions of this By-law, the Ontario Building Code and all other applicable regulations as revised to the time of the proposed renewal.

2.05 REVOCATION OF SIGN PERMITS

(a) The Sign Administrator may revoke the sign permit at any time after the issuance thereof where the sign does not conform to this By-law, the Ontario Building Code, or any other applicable regulations or where the permit was issued as a result of false or misleading information by delivering written notice of the revocation to the assessed owner or occupant of the property on which the sign is erected or is proposed to be erected or to the applicant for the permit.

2.06 FEES

(a) Fees to be paid in advance to the Municipality for the review of plans submitted with applications for sign permits and for inspection of signs shall be in accordance with Schedule 'A', attached to and forming part of this By-law.

(b) All fees which are paid are non-refundable.

2.07 REMOVAL OF SIGNS

(a) Any sign that is unsafe or erected in contravention of any of the provisions of this By-law, whether or not a permit therefor has been issued, shall be removed by the owner or occupant of the property on which such sign is erected, upon written notice given to that effect by the Sign Administrator.

(b) Such notice shall outline the nature of the contravention and the section of the By-law so contravened and shall further direct that the By-law be complied with, within a specified time.

(c) In the event of such sign not being removed in accordance with the notice, the Sign Administrator may cause the pulling down or removal of such sign at the expense of the owner or occupant and the expense therefor may be collected in like manner as municipal taxes.

(d) An unsafe sign that poses a danger to persons may be pulled down or removed at the direction of the Sign Administrator. Such removal is to be at the expense of the owner or the occupant and the expense therefor may be collected in like manner as municipal taxes.

2.08 SIGNS FOR WHICH A SIGN PERMIT IS NOT NECESSARY

The following signs are permitted in any zone and may be erected without a sign permit in accordance with the standards specified herein:

(a) Any number of election signs which shall be removed no later than one week following the day of the election;

(b) Official signs required by law, or as required by the Municipality;

(c) Signs for regulating traffic, legal notices or warnings at railway crossings and all other signs pertaining exclusively to public safety;

(d) One personal identification sign for each dwelling unit on a lot, having a maximum sign area of 0.2m² (2.15 sq ft);

(e) Any number of private directional signs having a maximum sign area of 1.0 m² (10.76 sq ft) for each sign;

(f) Any number of private warning signs having a maximum sign area of 1.0 m² (10.76 sq ft) for each sign;

(g) Any number of contractor's signs on the subject property having a maximum sign area of 1.5 m² (16.14 sq ft) for each sign, such signs to be removed no later than one week following completion of the construction, renovation or maintenance project;

(h) Real Estate Signs having a maximum sign area of 1.0 m² (10.76 sq ft) for each sign in the Inland Development and Waterfront zones or a maximum sign area of 5.0 m² (53.82 sq ft) for each sign in the Commercial or Industrial zones, provided however that not more than one real estate sign for each 50.0 m (164 ft) or part thereof of street frontage shall be permitted except on corner lots where such requirements shall apply on each separate street frontage. Real Estate Open House signs are permitted provided that the sign does not impair pedestrian or vehicular traffic and that the sign is removed immediately following such open house;

(i) Except for signs allowed by subsections 2.08 (a) and (b) of this By-law, no person shall erect or maintain Non-Accessory signs within the Municipality except under the authority of a permit issued in accordance with the provisions of this By-law;

(j) A sign having a maximum sign area of 1.0 m² (10.76 sq ft) indicating any Home Occupation or Home Industry conducted from a property used as a residence, provided such occupancy and land use is permissible under the Township's Zoning By-law.

(k) For automobile service stations and gas bars, one non-illuminated auxiliary promotional sign with a sign area no greater than 1.0 m² (10.76 sq ft) affixed to each fuel pump.

(l) In a commercial, industrial or inland development zone, a Fascia (Wall) sign or a Ground sign having a maximum sign area of 3.0 m² (32.3 sq ft).

(m) A Tourism-Oriented Directional sign, pursuant to the Provincial TODS program provided a corresponding sign has been approved and erected on a Provincial Highway

2.09 PROHIBITED SIGNS

Notwithstanding any other provisions of this By-law, no person shall erect on any premises any of the following signs:

(a) A sign which is located so as to obstruct the view of any pedestrian or motor vehicle driver so as to cause a hazardous condition;

(b) A sign, other than a fascia (wall) sign, which is located within the day light triangle of a corner lot;

(c) A sign which is located so as to obstruct or impede any flue, air intake, fire escape, fire exit, door, window, skylight or exhaust or so as to impede free access by firefighters to any part of the premises;

(d) A sign which does not comply with the Ontario Building Code;

(e) A sign which does not comply with the provisions of this By-law;

(f) A sign which does not comply with the provisions of the Electrical Safety Code, the Occupational Health and Safety Act, the Construction Safety Act, and any other applicable governmental regulations;

(g) A sign which is located on public property unless expressly permitted by this By-law;

(h) A sign which is attached to any public utility pole or which interferes with any municipal or public utility services;

(i) A sign which is painted on, attached to or supported by a tree;

(j) A roof sign; and

(k) A sign which depicts violence, nudity or other sexually explicit conduct;

2.10 SIGNS ON STREETS AND PUBLIC PROPERTY

No person shall post or erect or cause to be posted or erected any sign on any street or on any other public property, except as follows:

(a) Election signs may be erected on any street provided that no such sign is greater than 1.0 m² (10.76 sq ft) in sign area or 2 metres in height and such sign does not impede pedestrian or vehicular traffic as determined by the Municipality's Road Superintendent and such sign is removed within one week following the day of the election.

(b) Official signs required by law, or as required by the Municipality;

(c) Signs for regulating traffic, legal notices or warnings at railway crossings and all other signs pertaining exclusively to public safety;

(d) One personal identification sign for each dwelling unit on a lot, having a maximum sign area of 0.2m² (2.15 sq ft) located in such a manner that snow removal or the snow from the wing of the plow does not cause damage to the sign;

(e) a person may apply to the Township to erect a 0.37m² (4.0 sq ft) Non-Accessory sign on designated Municipal sign boards located throughout the Township provided the required fee as established in Schedule 'A' has been paid. Only one Non-Accessory sign shall be permitted on the same Municipal sign board by each person or business. Such signs shall be on a first come basis. The Township shall bear no responsibility whatsoever for the sign so erected and all responsibility for the maintenance of the sign shall be the responsibility of the owner.

(f) Fingerboard signs provided a sign permit is issued and the sign conforms to the standards as outlined in Schedule 'C' attached to this By-law and the sign shall be installed by the Municipality at a fee established in Schedule 'A' to this By-law.

(g) Civic address signs erected in accordance with By-law No. 93-10.

2.11 VARIANCES

(a) Where the provisions of this By-law are proposed not to be met, an application may be made to Council for a variance to the By-law.

(b) Applications for a variance shall clearly set out why the provisions of the By-law cannot be met and shall be accompanied by the appropriate fee as set out in Schedule 'A' of this By-law.

(c) Council may, upon application for a variance from the provisions of this By-law, authorize such minor variance if in the opinion of Council the general intent and purpose of the By-law is maintained.

PART 3 - GENERAL PROVISIONS

3.01 PROHIBITIONS AND REGULATIONS

(a) No person shall erect or permit to be erected or allow to remain on land or buildings owned, rented or leased or occupied by them, any sign in the Township of McKellar other than in accordance with the provisions of this by-law.

(b) No person shall paint, or otherwise affix or permit to be painted or affixed, or allow to remain on any lands owned, rented, or leased or occupied by them, any sign on any rock or rock cut unless such sign is an aid to navigation, such as an island number, name or channel marker.

(c) No person shall erect any sign on or attach to or cause to be placed on or attached to any tree or bridge structure situate on a public street, highway, or thoroughfare within the limits of the Township of McKellar, or any public utility pole, post or other object which is used for the purpose of carrying the transmission lines of any electric power company or any other public utility situate on any public street, highway or thoroughfare within the limits of the Township of McKellar. For the purposes of this Section 3.01 only, 'signs' includes any real estate sign or election sign.

(d) No person shall erect any sign in such a manner as to interfere with the safe movement of traffic or with road maintenance operation by obstructing views or causing distraction. A sign shall be deemed to interfere with the safe movement of traffic or with road maintenance operation if its position, shape, colour, format or illumination obstructs the view of or may be confused with an official traffic sign, signal or device, or other official sign, or otherwise poses a potential hazard to traffic.

(e) Nothing in this By-law shall be applicable to any sign erected under the authority of a permit issued by the Ministry of Transportation of Ontario.

3.02 LIABILITY

(a) The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person who erects or causes or permits or allows to be erected any sign, from personal injury including injury resulting in death, or property damage resulting from such sign or from acts or omissions of such person, or his agents, servants, employees, contractors or subcontractors, in the erection, alteration, repair or removal of any sign erected in accordance with a permit which is issued hereunder. Likewise, the provisions of this By-law shall not be construed as imposing on the Municipality, its officers, employees, servants and agents, any responsibility or liability whatsoever by reason of the approval of or issuance of a permit for any sign or removal of any sign.

3.03 INDEMNIFICATION

(a) The applicant for a sign permit, and the owner and occupant of the lands and the premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Municipality, 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, erection, alteration, repair or removal of such sign.

(b) In consideration of the Municipality permitting the use of its property, the sign permit applicant agrees to indemnify and save harmless the Municipality, 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, erection, alteration, repair or removal of such sign and the use of such Municipal property.

3.04 SEVERABILITY

(a) If any section, clause or provision of this By-law, including anything contained in the Schedules hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid, and it is hereby declared to be the intention that all the remaining sections, clauses and provisions of this By-law shall remain in full force and effect, notwithstanding that one or more provisions thereof shall have been declared to be invalid.

3.05 MAINTENANCE OF SIGNS

(a) The owner and/or occupant of the lands and premises upon which any sign is located shall maintain, or cause to be maintained, such sign in a proper state of repair, so that such sign does not become unsafe and so that such sign is functioning in a manner as designed at all times.

PART 4 - SIGNS PERMITTED IN VARIOUS ZONES

4.01 WATERFRONT AND OPEN SPACE ZONES

Except as otherwise allowed in this By-law, no person shall erect, or cause to be erected or permit a sign in a Waterfront or Open Space Zone save and except the following;

(a) one ground or fascia (wall) sign having a maximum sign area of 1 m² (10.76 sq ft) identifying a Home Occupation or Home Industry conducted from a property used as a residence, provided such occupancy and land use is permissible under the Township's Zoning By-law.

(b) one identification ground sign or fascia sign, not exceeding 2 m² (21.52 sq ft) in sign area on the property of an institutional or recreational facility including a nursing home, sanitarium, school, place of worship, day nursery, public library, home for the aged, or retirement home

(c) ground signs and fascia (wall) signs not exceeding 0.5 m² (5.38 sq ft) in sign area required for the direction of traffic or pedestrians on any property listed in Section 4.01(b).

(d) one identification sign having a maximum sign area of 1.5 m² (16.14 sq ft) for a golf course.

(e) one identification ground sign or fascia (wall) sign having a maximum sign area of 1 m² (10.76 sq ft) identifying a legal Waterfront Bed and Breakfast.

4.02 ENVIRONMENTAL PROTECTION AND FLOOD PLAIN ZONE

No person shall erect any sign or advertising device on a lot in a EP or FP Zone except as otherwise permitted by this By-law.

4.03 INLAND DEVELOPMENT ZONES

Except as otherwise allowed in this By-law, no person shall erect, or cause to be erected or permit a sign in an Inland Development Zone save and except the following;

(a) Ground Signs/Non-Accessory Signs

Ground signs and Non-Accessory signs shall be permitted subject to the following:

(i) no ground sign or non-accessory sign shall be permitted on an inside lot or a corner lot which has a street frontage of less than 15 metres;

(ii) one ground sign or non-accessory sign may be permitted on a lot which has a street frontage of at least 15 metres;

(iii) two ground signs or non-accessory signs may be erected on a property which is defined as a through lot;

(iv) the maximum sign area for a ground sign or non-accessory sign shall be 4.0 m² (43.05 sq ft);

(v) ground signs or non-accessory signs shall be located a minimum of 1 metre from the front and rear lot line and 3 metres from the side lot line.

(b) Fascia (Wall) signs

Fascia (Wall) signs shall be allowed subject to the following:

(i) cumulative sign area of facia (wall) signs shall be limited to 25% of the wall area of the first storey visible from any direction.

4.04 COMMERCIAL ZONES