CORPORATION OF THE CITY
OF CLARENCE-ROCKLAND
BY-LAW 2012-35
Being a By-law for governing permanent signs, temporary signs and
billboards installed on the territory of the Corporation of the City of
Clarence-Rockland;
WHEREAS the Municipal Act 2001, S.O., Chapter 25, Section 99, provides
that municipalities may pass by-laws respecting advertising devices, including
signs;
AND WHEREAS the Council of the Corporation of the City of ClarenceRockland deems it desirable to regulate the erection, display and
maintenance of signs and other advertising devices within the limits of the
Corporation of the City of Clarence-Rockland;
NOW THEREFORE the Council of the Corporation of the City of ClarenceRockland enacts as follows:
SECTION 1 – SHORT TITLE
1.1
This by-law may be referred to as the "Signs By-law".
SECTION 2 – INTERPRETATION
2.1
2.2
2.3
2.4
This by-law includes the schedules annexed hereto and the schedules
are declared to form part of this by-law and enact the regulation, the
description or the map they contain.
The rules in this section apply to this by-law, unless a contrary
intention is evident from the context.
The regulations set out in Section 8 - General Provisions apply in
addition to the regulations set out in the district in which a sign is
located.
Unless otherwise defined, the words and phrases used in this by-law
have their normal and ordinary meaning.
2.5
Where a situation arises that is not covered by a specific regulation, or
where two or more regulations are equally applicable, all provisions
shall be complied with or, where it is not possible to comply with all
the provisions applicable, the most restrictive provisions shall prevail.
2.6 This by-law is gender-neutral and, accordingly, any reference to one
gender includes the other.
2.7 Words in the singular include the plural and words in the plural include
the singular.
2.8 The following abbreviations and symbols stand for the words
respectively set forth opposite thereto as follows:
cm
- centimeter
m
- meter
mm
- millimeter
m2
- square meter
%
- per cent
2.9 It is declared that any section, subsection or part thereof be declared
by any Court of Law to be bad, illegal or ultra vires, such section,
subsection, part or parts shall be deemed to be severable and all parts
hereof are declared to be separate and independent and enacted as
such.
2.10 Headings are inserted for convenience of reference purposes only,
form no part of this by-law and shall not affect in any way the meaning
or interpretation of the provisions of this by-law.
SECTION 3 – DEFINITIONS
In this by-law:
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
“A-frame sign” means a self-supporting structure shaped like an "A"
with one (1) or two (2) sign faces, with a base dimension not
exceeding 60 cm in width or 75 cm in length, and a height not less
than 50 cm or greater than 1 m;
“abut” means touching at more than just a point and “abutting” has a
corresponding meaning;
“access” means a way of ingress or egress to or from a street, and
includes a private road, a driveway and any other private way;
“accessory” means a use, building or structure customarily incidental
and subordinate to the principal use and located on the same lot with
such main use;
“address” means the road or street name and the number designated
by the Corporation of the City of Clarence-Rockland in relation to the
location of a place of residence, office, business or other fixed
premises;
“advertising sign” means a device or object erected or intended to
be erected or located or attached to any property to attract attention
to any business, product, activity, service or facility;
“agent” means a person designated by another person to act on his or
her behalf;
“alteration” means any change to the sign structure and the sign face
but does not include a change in the message or maintenance, and
“altered” and “altering” have a corresponding meaning;
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
“animated” in reference to a sign, means movement, motion or the
appearance of motion by way of motion picture, streaming video,
television, LED screens or any technology that would facilitate motion
or the appearance of motion;
“apartment dwelling” means a building consisting of three or more
independent dwelling units other than a row-house dwelling, a street
row-house dwelling or a converted dwelling;
“applicant” means a person applying for a permanent sign or a
temporary sign permit or a sign encroachment permit under this bylaw;
“awning” means a retractable roof-like structure that projects from
the exterior wall of a building over a window or door and provides
shade or other protection from the elements;
“awning sign” means an awning that is or functions as a sign;
“banner sign” means a temporary sign other than a poster sign that
is of a decorative nature and made of cloth, canvas or other
lightweight, non-rigid material that is used or that functions as a
sign;
“bed and breakfast” means a private residence, limited to a single
detached dwelling, which is operated to provide the travelling public
with sleeping accommodations on a maximum of four (4) rooms and
other related services and facilities within the occupant’s dwelling
unit;
“billboard sign” means a large, outdoor, off-premises advertising
sign that is mounted:
(a)
on a wall, or
(b) on the ground;
“building” means a structure having a roof supported by columns,
walls or directly by the foundation and used for the shelter and
accommodation of persons, animals or goods;
“building canopy” means a permanent roof-like structure that:
(a)
is an architectural component of a building regulated by the
building code,
(b) is located at the entrance of a building,
(c)
extends over a walkway or roadway, and
(d) protects pedestrians entering or leaving the building from the
elements;
“building code” means the Building Code Act, 1992, S.O. 1992, Chap.
23, the Regulations made under the Act, and a by-law enacted by
Council under the Act, all as amended or re-enacted from time to
time;
“canopy” means a non-retractable structure that is not supported
from the ground but, instead, is attached to and supported from the
exterior wall of the building to which it is attached;
“canopy sign” means a canopy that is or functions as a sign;
“Chief Building Inspector” means the officer of the City responsible
for enforcing the provisions of the Building Code Act, and includes
employees acting under his direction;
“City” means the municipal corporation of the City of ClarenceRockland or the geographic area of the Corporation of the City of
Clarence-Rockland, as the context requires;
3.24 “City property” means any land or building owned by the City other
than a street;
3.25 “collective sign” means a sign with a message or a group of
messages that is common to many businesses located in the same
building;
3.26 “community sign” means any sign that attracts attention to a
community service attraction or activity and that is installed and
maintained by the City or by a non-profit organization;
3.27 “content” means something that is expressed through some medium,
as writing or any various arts;
3.28 “corner lot” means a lot situated at the intersection of two streets or
at any point in the same street having an angle of intersection of not
more than 135 degrees;
3.29 “Council” means the Council of the Corporation of the City of
Clarence-Rockland;
3.30 “curb” means a concrete or asphalt edge or border of a roadway;
3.31 “development” means any use of land for any purpose and includes
re-development; and “develop”, “developing”, “re-develop”, “in front
of developing” and “re-developing” has a corresponding meaning;
3.32 “development sign” means an on-premises sign that includes
information relating to a new subdivision, development or the
construction or renovation of a building or structure;
3.33 “dwelling unit" means one or more rooms designed as a
housekeeping unit, used or intended to be used as a domicile by one
or more persons and in which separate cooking, eating, living,
sleeping and sanitary facilities are provided for the exclusive use of
the occupants, with a private entrance from outside the building or
from a common hallway or stairway inside the building. A dwelling
unit shall contain only one full kitchen;
3.34 “directional farm sign” means an off-premises ground sign that
provides directions to a registered farm or farm-related products or
services offered by the registered farm or directions to a farmers’
market and the products offered at the site of the farmers’ market;
3.35 “directional sign” means an off-premises sign providing directions to
a specific destination that is unfamiliar to the motoring public by way
of a directional arrow on the sign face, and may contain other
information as specified (or permitted) herein;
3.36 “directional development sign” means an off-premises sign
providing directions to a new subdivision or development by way of a
directional arrow on the sign face, and a directional development sign
may contain:
(a)
the development name or developer name or builder name,
(b) the developer logo, and
(c)
the distance to the development;
3.37 “Director” means the officer of the City responsible for the Planning
Department, and includes employees acting under his direction;
3.38 “Director of the Municipal Law Enforcement Services” means the
person in the office of the Director of the Municipal Law Enforcement
Services of the Corporation of the City of Clarence-Rockland or
authorized subordinates or assistants;
3.39 “district” means one or more of the seven administrative districts
established in this by-law and “sign district” has a corresponding
meaning;
3.40 “double-faced sign” means a sign that has two sign faces of equal
area and identical proportions where the sign faces are placed
opposite each other in such a manner that the inside angle between
the back of the sign faces does not exceed 45 degrees;
3.41 “drive-thru sign” means an information sign containing specific premenu or menu information necessary for a restaurant that functions
with a drive-thru service and a drive thru sign containing pre-menu
information may include a pre-menu video sign;
3.42 “driveway” means a private way used for vehicular access from a
street and includes a right-of-way or any land used to access other
land;
3.43 “election sign” means a temporary sign advertising a candidate or
political party in a municipal, school board, public utility company,
provincial or federal election;
3.44 “encroachment permit” means a permit issued under this by-law as
an endorsement on the sign permit, authorizing a sign to project from
private property on or over a street or City property;
3.45 “entrance” in reference to a building, means an exterior entrance that
provides immediate and direct access from the outside of a building
to the inside of a building and includes an exit serving the same or a
corresponding function;
3.46 “erect” means the constructing, erecting, placing, locating, relocating
or altering of a sign or part thereof; and includes the painting of a
mural sign and the posting of notices, and “erected” and “erection”
and “paint” and “painted” have a corresponding meaning;
3.47 “existing” means existing as of the date of the enactment of the
provision that contains the word “existing”;
3.48 “farm” means land used for the tillage of soil and the growing of
vegetables, fruits, grains and other staple crops. This definition shall
also apply to land used for livestock raising, dairy or woodlots;
3.49 “farm sign” means a sign that:
(a)
is erected on a premises that is zoned agricultural or rural in
the applicable zoning by-law; and
(b) advertises or identifies the name of a farm or the farm
related products or services offered on the premises or types
of crops grown on the premises;
3.50 “farmers’ market” means an establishment or premises where the
farm products of a local farming community are sold at retail by the
grower from unenclosed or open air areas designated for individual
retailers;
3.51 “free-standing” means placed on the ground and self-supporting
without supports constructed and driven into the ground;
3.52 “front wall” means the building’s main wall, which is facing a public
road;
3.53 “frontage” means the portion of a lot face fronting on a highway or a
street, but not on a lane or alleyway;
3.54 “fuel price sign” means an on-premises message centre sign that
displays the current price of fuel only, is designed to have the
message that is displayed change from time to time and that change
can be made manually or automatically;
3.55 “gasoline pump island sign” means a sign that is located on or over
a single gasoline pump island;
3.56 “grade” means the average surface elevation of the ground adjoining
any building or sign, exclusive of any berm or mound of earth created
solely for the purpose of increasing the elevation of the ground at the
base of the sign;
3.57 “ground-mounted” means upheld by one (1) or more supports
constructed or driven into the ground for a sign's exclusive support;
3.58 “ground sign” means a sign that is affixed to the ground by a selfsupporting structure that includes a permanent foundation below
grade or above grade;
3.59 “highway” means a public thoroughfare intended for vehicular use by
the general public;
3.60 “high-rise apartment building” means an apartment building that is
over four storeys above grade;
3.61 “home based business” means an occupation, trade, business,
profession or craft carried on as an accessory use to the use of a
dwelling and includes a home occupation and home industry as
defined by the zoning by-law;
3.62 “identification sign” means a sign that is designed, used or intended
to identify a place or business that is on the premises upon which the
sign is located;
3.63 “illuminated” means lighting of the sign by artificial means and
“illuminate” and “illumination” have a corresponding meaning;
3.64 “incidental sign” means a sign whose primary function is directional
or informative for the control of traffic or designation of areas such as
entrance, exit, parking, loading or similar information pertinent to the
function of the premises at which it is located, and includes "No
Trespassing" signs and similar signs;
3.65 “inflatable sign” means a non-rigid, gas or air filled bag or balloon
designed or used as an advertising device;
3.66 “information sign” means a sign that provides information about the
occupants of the building or premises upon which the sign is located;
or directions that relate directly to a building or premises to the
persons using that building or premises;
3.67 “institutional use” means a building, structure or portion thereof on
lands used by an organized body, religious group or society for nonprofit, non-commercial purposes.
This definition may include a
library, school, college, university, convent, monastery, hospital,
nursing home, or similar use;
3.68 “community facilities zone” has the same meaning as in the zoning
by-law;
3.69 “intermittent illumination” means illumination that is capable of
variation in intensity at periodic intervals;
3.70 “intersection” means the area embraced within the prolongation or
connection of the lateral curb lines or, if none, then of the lateral
boundary lines of two (2) or more highways which join one another at
an angle, whether or not one (1) highway crosses the other;
3.71 “land” includes land under water;
3.72 “lettering” the letters used in an inscription;
3.73 “licensed” means licensed under the provisions of any by-law
licensing sign businesses and companies that remains in force until it
expires or is repealed and any by-law of the Corporation of the City of
Clarence-Rockland licensing sign businesses and companies that is
enacted in substitution thereof;
3.74 “logo sign” means a wall sign located at the uppermost storey of a
building and constituting an identification sign that is an emblem,
badge, symbol or other identifying mark, and used solely to identify a
particular building or premises; or to identify a particular occupant of
a particular building or premises;
3.75 “lot” means a parcel or tract of land which is capable of being legally
conveyed in accordance with the provisions of the Planning Act;
3.76 “maintenance” includes the replacement of the component parts of a
sign structure by identical component parts;
3.77 “marquee sign” means a wall-mounted identification sign over the
entrance to a theatre that incorporates a message centre sign;
3.78 “message” means any visual communication whether in words,
symbols or any other visual form that conveys meaning;
3.79 “message centre sign” means an on-premises, advertising or
information sign that is designed to have a digital or analogue
message in which the display changes from time to time and where
that change can be made either manually or automatically;
3.80 “mobile sign” means a sign that is,
(a)
temporary,
(b) designed for the manual rearrangement of copy on the sign
face, and
(c)
part of, or attached to, a readily relocatable wheeled trailer
or frame without wheels, for use in another location, but
does not include,
(i)
a portable sign, or
(ii)
a sign attached to a vehicle where the principle use
of that vehicle is the transportation of people, goods
or other materials;
3.81 “multi-faced sign” means a sign that has three or more sign faces;
3.82 “multi-sided” in respect of a sign, means a sign that has three or
more sign faces;
3.83 “municipal” means the Corporation of the City of Clarence-Rockland;
3.84 “mural sign” means an on-premises or off-premises sign that is an
expression of public art painted directly on the exterior of a building
or on a backing that is affixed to the building and that has the
consent of the property owner;
3.85 “now”, “next”, “heretofore” and “hereafter” refer to the date of the
enactment of the provision containing that word;
3.86 “non-conforming sign” means a permanent or temporary sign that
was lawfully erected before the coming into effect of this by-law;
3.87 “Officer” means a person appointed by the Council of the Corporation
of the City of Clarence-Rockland to enforce the provisions of this bylaw and who may be referred to as an “Inspector” or “Officer”;
3.88 “official plan” means the Official Plan of the United Counties of
Prescott and Russell and the Official Plan of the Urban Area of the
City of Clarence-Rockland, as amended;
3.89 “official sign” means a sign erected by a public body under the
auspices or authority of a statute, by-law or regulation;
3.90 “off-premises sign” means a permanent or temporary sign that
directs attention to a business, commodity, service or entertainment
that is conducted, sold or offered elsewhere than on the premises on
which the sign is located;
3.91 “on-premises sign” means a permanent or temporary sign
identifying or advertising a business, person, activity, goods, products
or services located on the premises where the sign is located and
maintained;
3.92 “owner”, in respect of the sign, means any person described on the
sign, or whose name and address or telephone number appears on
the sign, or who manufactured, supplied or installed the sign, or who
is in lawful control of the sign, or who benefits from the message on
the sign, or the owner or tenant of the property upon which the sign
is situated and for the purposes of this by-law there may be more
than one sign owner;
3.93 “parapet wall” means a vertical wall section as a component part of
the building structure that extends above a building roofline;
3.94 “permit” means a permit, other than an encroachment permit, issued
under this by-law and includes a renewal thereof and “sign permit”
has a corresponding meaning;
3.95 “permit holder” means a person who has obtained a permanent or
temporary sign permit or a sign encroachment permit;
3.96 “permanent sign” means a sign that is installed or affixed to any
building or structure and includes all sign types identified in Section
4.4;
3.97 “person” means an individual, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs,
executor or other legal representatives of a person and for the
purposes of this by-law includes an owner, or any person in
temporary possession of the property;
3.98 “place” means affixing, attaching, displaying, erecting or installing or
causing or arranging for the affixing, attaching, displaying, erecting or
installing of a sign and "placing" or "placement" have a corresponding
meaning;
3.99 “portable sign” means a rigid free-standing moveable sign not
fastened by any means to the ground or any structure;
3.100 “poster sign” means a temporary sign of non-rigid material having
dimensions not greater than 280 mm in width and 435 mm in height
with the upper extremity of the poster not greater than 250 mm from
the ground;
3.101 “pre-menu video sign” means a pre-menu drive-thru sign that
contains an electronic screen displaying moving video images
providing information on the menu or other activities associated with
a drive-thru service and it may contain public service messages;
3.102 “premise” and “premises” means specific property and includes all
buildings and necessary structures thereon;
3.103 “projecting sign” means a sign that projects on the perpendicular
from the surface to which it is attached;
3.104 “private property” means property under private ownership;
3.105 “property” means a building or structure or part of a building or
structure and includes the lands and premises appurtenant thereto
and all mobile homes, mobile buildings, mobile structures,
outbuildings, fences and erections thereon whether heretofore or
hereafter erected and includes vacant property;
3.106 “public” means equally open and available to all and does not,
necessarily, denote ownership;
3.107 “public utility” means a board, commission or corporation including
the City that owns or operates a public service;
3.108 “real estate sign” means an on-premises sign advertising the sale,
rent or lease of the premises;
3.109 “registered farm” means farming business that has obtained a farm
business registration number pursuant to the provisions of the Farm
Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c.
21, as amended;
3.110 “relocating” includes any re-orienting or repositioning of a sign
structure;
3.111 “residential property” means a property that is zoned residential and
"residential premises" has a corresponding meaning;
3.112 “residential zone” means the R1, R2, R3, RV1, RV2, RR, RCL, RMH
and RS Zones as per the zoning by-law and includes all special
exceptions to the zones;
3.113 “reversed” in respect of illumination, means illumination only through
the lettering or graphics of an opaque sign face;
3.114 “roadway” means the part of the highway that is improved, designed
or ordinarily used for vehicular traffic, but does not include the
shoulder and where a highway includes two or more separate
roadways, refers to any one roadway separately and not all of the
roadways collectively and “road” has a corresponding meaning;
3.115 “roofline” means the uppermost point of the wall of a building where
the wall and the roof meet and, for calculation purposes, the
permitted sign area calculation is based on the first storey, second
storey or top storey but excludes the parapet wall;
3.116 “roof sign” means a sign that is in any way supported by or affixed to
the main roof of the building and for the purposes of this definition, a
roof does not include flat structures over entrances and structures
deemed to be a building architectural feature and the top of a sign
located on the flat structure does not project above the main roof;
3.117 “rural commercial/industrial park” means a grouping of four or
more commercial uses, or industrial uses, or both, but not including
shopping centres, in a rural area on parcels of land under one or
multiple ownership;
3.118 “rural commercial/industrial park directional sign” means an onpremises directional information ground sign that includes the name
of the rural business park or industrial park and the business located
in the park on the individual horizontal blades;
3.119 “shopping centre” means a group of commercial and service uses,
which are permitted in the zone and are designed, developed and
managed as a unit having the required loading spaces and off-street
parking provided on the site and which may include free standing or
attached buildings;
3.120 “shoulder” means that part of a highway immediately adjacent to the
roadway and having a surface of asphalt, concrete or gravel for the
use of vehicles;
3.121 “sidewalk” means those parts of a highway set aside for the use of
pedestrians or used by the general public for the passage of
pedestrians;
3.122 “sight triangle” means the triangular space formed by the street lines
of a corner lot and a line drawn from a point in one street line to a
point in the other street line, each such point being 6.0 meters from
the point of intersection of the street lines (measured along the street
lines). Where the two street lines do not intersect at a point, the
point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of
the tangents to the street lines;
3.123 “sign” means any visual medium used to convey information by way of
words, pictures, graphics, emblems or symbols or any device used for
the purpose of providing direction, information, identification,
advertisement, business promotion or the promotion of a product,
activity, service or idea;
3.124 “sign face” means that portion of the sign upon, against or through
which the message of the sign is displayed, but does not include the
sign structure;
3.125 “sign face area” means the total area of all sign faces on one sign
structure;
3.126 “sign height” means the vertical distance measured from the highest
point of the sign to grade and includes any support structure;
3.127 “sign permit” means a permanent and/or temporary sign permit
issued under this by-law for the legal placement of a sign;
3.128 “sign structure” means a structure that is constructed to support a
sign face at ground level;
3.129 “storey” means the portion of a building other than an attic, basement
or cellar, between the surface of any floor and the surface of the
floor, ceiling or roof next above it;
3.130 “storey, first” means the storey that,
(a)
has its floor at or nearest grade, and
(b) has its ceiling, or the roof immediately above the floor, if that
is the case, at least 1.8 m above grade;
3.131 “street” means a highway, road allowance or a lane and includes the
surface, grassed area, boulevard, ditch, curb, gutter, sidewalk and
any other structure constructed thereon under the jurisdiction of
either the City, the United Counties or the Province of Ontario;
3.132 “street ad sign” means an on-premises or off-premises permanent
sign that is multi-sided, pedestrian-oriented and ground-mounted;
3.133 “temporary sign” means a sign that is not permanently installed or
affixed to any structure or building and includes all sign types
identified in Section 4.5:
3.134 “traffic control device” means a sign, traffic control signal or other
device placed for the purpose of regulating or directing vehicular,
pedestrian or other traffic within the highway and includes the utility
pole, post or other supporting members, control boxes and other
ancillary elements;
3.135 “use” means the purpose for which any land, building, structure or any
combination thereof is designed, arranged, occupied or maintained;
3.136 “vehicle” means an automobile, boat, commercial motor vehicle, farm
implement, motorcycle, recreational vehicle, snowmobile or trailer;
3.137 “village pedestrian directional sign” means an on-premises or offpremises directional information sign in the form of individual or
multiple blades on a post with each blade identifying a business
located in the immediate area;
3.138 “wall sign” means a sign that is flat to the wall to which it is
attached;
3.139 “zone” means any zone established in the zoning by-law of the
Corporation of the City of Clarence-Rockland and includes all special
exceptions to the zones and “zoned” has a corresponding meaning;
3.140 “Zoning By-law” means the Zoning By-law of the Corporation of the
City of Clarence-Rockland, as amended and includes any by-law
enacted in substitution therefore.
SECTION 4 – ADMINISTRATION
Director
4.1
The Director is responsible for the administration of this by-law.
Sign District
4.2
For the purposes of administrating this by-law, the geographic area of
the City is hereby divided into the six administrative sign districts set
out in Table 1 and identified on Schedules “A” and “B”.
(a)
In Table 1:
(i)
(ii)
District
District
District
District
District
District
I
–1
–2
–3
–4
–5
–6
Column I sets out the District number, and
Column II sets out a description of the affected area.
Table 1 - Sign Districts
II
Business Park, Laurier Street West, Industrial Park
Commercial Core Area
Laurier Street East
Urban District
Community (Village) Area
Agricultural and Rural Area
Classes and Types of Signs
4.3
For the purposes of this by-law, signs are divided into one (1) of the
following five (5) classes:
(a)
(b)
(c)
(d)
(e)
4.4
The sign classes referred to in subsections 4.3(a)(b)(c)(d) are further
divided into the following sign types:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
4.5
advertising sign,
identification sign,
information sign,
directional sign, and
temporary sign.
awning sign;
billboard sign;
canopy sign;
development sign;
directional development sign;
directional farm sign;
drive-thru sign;
farm sign;
fuel price sign;
gasoline pump island sign;
ground sign;
logo sign;
marquee sign;
message centre sign;
mural sign;
pre-menu video sign;
projecting sign;
roof sign;
rural commercial/industrial park directional sign;
street ad sign;
village pedestrian directional sign; and
wall sign.
The sign classes referred to in subsection 4.3(e)are further divided into
the following sign types:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
banner sign;
election sign;
incidental sign;
inflatable sign;
mobile sign;
portable sign;
poster sign; and
real estate sign.
4.6
Any sign that is not,
(a)
(b)
(c)
one of the class of signs referred to in Section 4.3,
one of the sign types referred to in Section 4.4 and Section
4.5, and
permitted in one of the districts referred to in Table 1,
is prohibited.
4.7
No person shall erect or cause to be erected or maintain a permanent
or temporary sign that is not,
(a)
(b)
(c)
one of the class of signs referred to in Section 4.3,
one of the sign types referred to in Section 4.4 and Section
4.5, and
permitted in one of the districts referred to in Table 1.
Lawfully Existing Signs
4.8
The by-law does not apply to a sign that was lawfully erected or
displayed before the day the by-law came into force if the sign is not
substantially altered and the maintenance and repair of the sign shall
be deemed not in itself to constitute a substantial alteration.
4.9
Where a sign referred to in Section 4.8 is substantially altered, as
determined by the Director, Section 4.8 no longer applies and that sign
shall be brought into full conformity with this by-law.
4.10 Section 4.9 does not confer immunity with respect to the provisions of
any other statute, by-law or regulation applicable to the sign in
question.
SECTION 5 – PERMITS
5.1
No person shall erect or cause to be erected or maintain any
permanent or temporary sign on private property in the Corporation of
the City of Clarence-Rockland without first having obtained a permit for
the sign.
5.2
Every applicant for a sign permit shall complete a sign permit
application, submit all necessary plans and drawings and pay all
applicable fees.
5.3
The Director shall not issue a permit if :
(a)
(b)
the sign contravenes this by-law or any other applicable law;
the erection of the sign contravenes,
(i)
this by-law,
(ii)
the building code, or
(iii) any other applicable City by-law;
(c)
(d)
the application for the permit, including any plans,
specifications, documents or other information required by
the Director is incomplete; or
any fees are unpaid.
5.4
Despite Section 5.3, before issuing a permit under this section, the
Director may require the applicant to submit such plans, specifications,
documents or other information as the Director determines is
necessary to ascertain whether or not a permit may be issued and
those plans, specifications, documents or other information may be
different for different signs or classes of signs or types of signs
different in respect of the same signs or classes of signs or types of
signs used for different purposes.
5.5
The Director shall not process an application for a permit until the
plans, specifications, documents and other information referred to in
subsection 5.3(c) and Section 5.4 and the fees referred to in
subsection 5.3(d) have been received.
5.6
The Director may issue the permit:
(a)
(b)
5.7
with a term imposed by this by-law, or
with a term, provision restriction imposed by Council or a
committee of Council as a condition of granting a minor
variance to this by-law.
The Director may approve variations of up to 10% of the height and
sign face area regulations in this by-law where the following factors
warrant a variation to the regulations:
(a)
(b)
(c)
(d)
(e)
physical impediments or obstructions;
topography;
site specific or secondary policy plans of the official plan;
sign visibility; or
public safety.
5.8
No person shall make a material change or cause a material change to
be made to a plan, specification, document or other information filed in
respect of an application for a permit without first notifying, filing the
details with and obtaining the approval of the Director.
5.9
Despite subsection 5.3(b), the issuance of a permit under this by-law
does not constitute a representation or assurance by the City that the
sign in respect of which the permit is issued conforms to the Building
Code or any other by-law of the City or any other applicable City bylaw.
5.10 The plans, specifications, documents and other information submitted
with an application under this by-law are the property of the City and,
upon the permit applied for being used, become public information.
When Permit Can Be Revoked
5.11 The Director shall revoke a permit issued under this by-law where:
(a)
(b)
(c)
the permit was issued in error;
the permit was issued on false, misleading, mistaken or
incorrect information; or
the permit holder requests in writing that the permit be
revoked.
5.12 The Director shall notify the permit holder of the revocation of the
permit under subsections 5.11(a) or (b) and said notice may be given
in the manner prescribed by Sections 16.3 and 16.4.
Permit Lapses
5.13 A permit lapses and is null and void where:
(a)
(b)
the work authorized by the permit is not completed within six
months of the date of the permit being issued; or
the business, product, activity or service to which
identification sign relates ceases to operate or is no longer
available at the premises upon which the sign is located.
5.14 No permit holder shall fail to remove the work that was commenced to
erect the sign from the premises immediately after the permit has
lapsed.
5.15 Every owner of a sign or part thereof that no longer advertises or
identifies a bona fide business, product, activity or service on the
premises shall ensure that the sign is removed within sixty (60) days
of the termination of such business, product, activity or service and the
premises are reinstated to its original state.
Application Lapses
5.16 An application for a permit lapses six months after the date of filing
unless the application is being diligently pursued or a permit has been
issued.
5.17 Where an application for a permit lapses under Section 5.16, the
application fee is not refundable.
5.18 Where an application for a permit lapses under Section 5.16, the
applicant will need to file a new application and pay the applicable
fees.
Encroachment Permits
5.19 No person shall erect or cause to be erected, or maintain a permanent
or temporary sign or any part of a permanent or temporary sign on or
over a street or City property without first having obtained an
encroachment permit.
5.20 An encroachment permit is a privilege to encroach upon a street or
City property and nothing in this by-law entitles any person, as of
right, to an encroachment permit or to a renewal or to a transfer
thereof.
5.21 The Director may issue an encroachment permit authorizing a sign to
project on or over a street or City property to any person who meets
the requirements of this by-law for such permit.
5.22 Sections 5.2 to 5.10 apply, with all necessary modification, to the
application and issuance of an encroachment permit.
5.23 The term of the encroachment permit is for one year or less and is
deemed to have been issued on the first (1st) day of January in the
year of issuance and shall expire on the thirty-first (31st) day of
December in that year.
5.24 The Director may issue an encroachment permit subject to such terms,
conditions and restrictions as are set out by Council or a committee of
Council in approving a minor variance.
5.25 Section 5.24 includes a term, condition or restriction that limits the
duration of an encroachment permit to a period of less than one year.
5.26 The Director may include the encroachment permit as an endorsement
on the sign permit and no additional permit is required for the sign
encroachment.
5.27 The holder of an encroachment permit shall pay an annual
encroachment fee in the form of an encroachment permit renewal fee
for the privilege of having a sign that projects on or over a street or
City property.
5.28 Any part of an unpaid encroachment fee is a debt due to the City and
may be recovered:
(a)
(b)
in any court of competent jurisdiction; or
by adding the cost to the tax roll and collecting the fee in the
same manner as taxes.
Encroachment Permit Renewals
5.29 Renewal for encroachment permit shall be requested before its expiry,
or the encroachment which that permit authorizes shall be removed.
5.30 The encroachment permit referred to in Section 5.29 is deemed to be
renewed upon the approval by the Director.
5.31 No person shall fail to remove a permanent or temporary sign from the
premises immediately after the encroachment permit has expired.
5.32 Every encroachment that is renewed under Section 5.30 is deemed:
(a)
(b)
to have been issued on the first (1st) day of January
immediately following the expiration of the permit period that
is renewed; and
to take effect immediately upon the expiration of the permit
that is renewed.
5.33 Where the renewal fee for an encroachment permit is received after
January 1, Section 5.32 applies with all necessary modification to:
(a)
(b)
the renewal encroachment permit; and
an encroachment permit that includes a term, condition or
restriction that limits the duration of that permit to a period
of less than one year.
5.34 No reduction in the renewal fee is to be given for:
(a)
(b)
a renewal encroachment permit that is renewed after January
1st; or
a renewal of an encroachment permit that is renewed for a
period of less than a year.
5.35 Where a sign for which an encroachment permit has been issued
changes ownership: both
(a)
(b)
the former owner of the sign; and
the new owner of the sign, shall notify the Director of the
change in ownership within thirty (30) days of that change
taking place.
5.36 No owner of a permanent or temporary sign shall fail to notify the
Director of the change of ownership of the sign within thirty (30) days
of the change in ownership of the sign.
5.37 Where the owner of a permanent or temporary sign for which an
encroachment permit has been issued fails to notify the Director of the
change in ownership of the sign within (30) days of the change in
ownership of the sign, the encroachment permit shall be cancelled as
per Section 5.40.
5.38 When a sign changes ownership, the new owner of the sign shall
comply with the provisions of this by-law as if he or she was the
original applicant.
5.39 Despite any other provision of this by-law, the issuance of an
encroachment permit does not constitute a representation or
assurance by the City that the sign in respect of which an
encroachment permit is issued conforms to the Building Code or any
other applicable City by-law.
Encroachment Permit Cancellation
5.40 The City, through the Director, may, at any time, cancel an
encroachment permit and the Director shall give the permit holder (60)
days notice of same and, thereupon, the permit holder shall, at his or
her own expense, remove the encroachment from the street or City
property.
5.41 The notice referred to in Section 5.40 may be given by prepaid
registered mail sent to the last address of the permit holder contained
in the records of the Director, or by a notice posted prominently on the
sign that encroaches or on the land upon which that sign is primarily
located.
5.42 The notice referred to in Section 5.40 shall be deemed to have been
received by the permit holder five (5) days after the date of the
mailing or upon the posting of the notice.
5.43 Where the sign overhanging the street or City property is not removed
from overhanging the street or City property, the Director may, not
sooner than 61 days after the mailing or posting of the notice, have
the encroachment removed from overhanging the street or City
property at the expense of the permit holder.
5.44 Where the Director has a sign overhanging the street or City property
removed from overhanging the street or City property under Section
5.43, the cost of doing so may be recovered in the manner provided
for in Sections 16.15 and 16.16.
5.45 Despite the cancellation or non-renewal of an encroachment permit,
the fee in respect to the encroachment continues to accrue as a debt
to the City until the encroachment is removed from the street or City
property.
SECTION 6 – MINOR VARIANCES
6.1
Despite any other provision of this by-law, upon application of any
person affected, the Director may authorize with respect to the
following areas, such minor variance from the provisions of this by-law
that in the opinion of the Director maintains the general intent and
purpose of the by-law:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
sign type;
sign face area;
message centre;
sign height;
set-back;
length of time;
illumination; and
number of signs.
6.2
In considering an application for a minor variance, the Director shall
have regard for:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
physical impediments or obstructions;
topography;
sign visibility;
public safety;
potential impacts on existing adjacent land use;
Heritage Act objectives, if applicable;
the application of Ministry of Transportation sign regulations;
whether the minor variance is desirable in the circumstances;
and
sign policies within secondary plans or site specific district
plans.
6.3
The disposition of the minor variance application by the Director under
Section 6.1 shall be final and binding.
6.4
An application under Section 6.1 shall be:
(a)
(b)
filed with the Director; and
accompanied by:
(i)
(ii)
(iii)
such plans, specifications, documents or other
information as the Director may require,
the full application fee, and
any supporting documentation that the applicant
considers appropriate.
6.5
Where an application under Section 6.1 is incomplete, the Director
may refuse to accept the application.
6.6
For the purpose of Section 6.5, an application is incomplete where:
(a) it is not in the form approved by the Director or a reasonable
facsimile thereof; or
(b) it is not accompanied by:
(i)
(ii)
the full application fee for a minor variance, and
such information as the applicant is required to
provide under Section 6.4.
SECTION 7 – FEES, CHARGES AND REFUNDS
7.1
The fees and charges associated with this by-law are as set out in
Table 2 of Section 7.1.
(a)
In Table 2:
(i)
(ii)
Column I sets out the type of application, and
Column II sets out the fees that shall accompany
the application:
Table 2 – Fees and Charges
I
Type of Application
Permanent Sign Permit
Temporary Sign Permit
Encroachment Application / Permit
Encroachment Permit Renewal
Minor Variance Application
Impound and Storage Fees
Removal of a Sign
Directional Development Sign Permit
II
Fees
as set out in By-law 2012-25,
as amended
as set out in By-law 2012-25,
as amended
$ 280.00
$ 110.00
as set out in By-law 2012-25,
as amended
$ 150.00
Cost incurred by the City + a
10% administrative fee
the fee for a Permanent Sign
Permit as set out in By-law 201225, as amended
+ $ 10.00 for each sign.
7.2
Where work to erect a sign is commenced prior to the issuance of a
permit authorizing that work, an additional administration fee equal to
50% of the permit fee shall be paid.
7.3
Where work to erect a sign is commenced under Section 7.2 and
requires relief from the by-law in the form of a minor variance
application, an additional administrative fee equal to 100% of the
minor variance application fee shall be paid.
Refunds
7.4
An applicant may withdraw an application for a sign permit at any time
prior to the issuance of the permit.
7.5
Where an applicant withdraws an application under Section 7.4, he or
she may be entitled to a refund of a portion of the permit fee up to
50% of the fee.
7.6
The amount of a refund is based upon the time spent and the work
done in each of the areas referred to.
7.7
Where a permit has been cancelled, whether at the request of the
permit holder or for cause, no refund is payable.
SECTION 8 – GENERAL PROVISIONS
Prohibited Signs
8.1
A permanent or temporary sign that is not specifically permitted by
this by-law is prohibited.
8.2
No person shall erect or cause to be erected or maintain any
permanent or temporary sign that is not specifically permitted by this
by-law in the City.
8.3
Without limiting the generality of Sections 8.1 and 8.2, no person shall
erect or cause to be erected or maintain any of the following
permanent or temporary signs:
(a)
(b)
(c)
(d)
a roof sign;
a sign that is affixed to a shed, tree, pole, post, fence,
another sign or any other structure if that sign is visible from
either a street or a private road;
a sign that imitates, resembles or could reasonably be
mistaken for a traffic control device or an official sign;
a sign that could obstruct the view or the visibility of:
(i)
(e)
(f)
(g)
(h)
vehicular or pedestrian traffic using or entering a
street or railway crossing,
(ii)
a traffic control device, or
(iii) an official sign;
a sign that is illuminated or animated in such a way that it
constitutes a hazardous distraction for vehicular or
pedestrian traffic;
a sign structure that could, in any manner, endanger a
person or property;
a sign that interferes with electrical light, power or telephone
wires;
a sign that limits an entry or an exit to a building.
Maintenance of Signs
8.4
Every owner of a permanent or temporary sign shall ensure that the
sign is maintained in a proper state of repair so that such sign does not
become unsafe, structurally unsound, unsightly or dangerous.
8.5
Every owner of the premises on which a permanent or temporary sign
that has been defaced, damaged or destroyed is located shall
immediately repair the sign to its original condition or remove it.
Visibility Triangle
8.6
No person shall erect or cause to be erected or maintain a permanent
sign or a sign structure at a street corner within a visibility triangle
formed by measuring 6 m along the lot lines from the intersection of
any two streets or at the intersection of two parts of the same street
meeting at an angle of not more than 135 degrees.
8.7
In the case of any lot, no person shall erect or cause to be erected or
maintain a permanent sign that is greater than 75 cm in height at any
point within a visibility triangle formed by measuring 2 m along the lot
line and a driveway, at the intersection of the driveway and the lot line
abutting the street.
8.8
Despite Sections 8.6 and 8.7, one column only supporting the upper
portion of a sign structure is permitted within the triangle referred to in
that section if the cross-sectional dimension of the column is 45 cm or
less between grade and 3 m above grade.
8.9
Despite Sections 8.6 and 8.7, the upper portion of a sign or a sign
structure is permitted within the triangle referred to in that section if
the underside of the sign and the sign structure is at least 3 m above
grade.
Exempt Signs
8.10
Despite Section 5.1, the following signs do not require a permit:
(a)
(b)
(c)
(d)
(e)
(f)
gasoline pump island sign that is no higher than 3.5 m above
the adjoining grade;
farm sign that does not have a sign face that exceed 4 m²;
wall signs located on a temporary sales centre building;
directional farm sign that does not exceed 1.5 m2;
mural signs; and
village pedestrian directional sign.
8.11
Section 8.10 does not exempt a sign from the regulatory provisions of
this by-law or permit a sign that is not otherwise permitted.
8.12
Every owner of a sign that is exempt from obtaining a permit shall
ensure that the sign and the sign structure:
(a)
(b)
comply with every maintenance and safety requirement of
this by-law; and
comply with the regulatory provisions that apply to the type
of sign.
Rules for all Signs
8.13
Every owner of a permanent and temporary sign shall ensure that the
sign that is erected complies with the following rules:
(a)
(b)
(c)
(d)
(e)
every sign other than a directional farm sign, directional
development sign and a billboard sign shall be an onpremises sign;
a directional farm sign, a billboard sign and a directional
development sign shall be an off-premises sign;
temporary signs can either be an on-premises or an offpremises sign in accordance with Section 15;
a mural sign and a street ad sign may be either an onpremises or an off premises sign;
the message and content of any new permanent or
temporary sign shall be written in both official languages of
Canada. The lettering of a permanent or temporary sign
(dimension and style) must be identical in French and in
English; however the name of the business can be unilingual;
(f)
signs depicting gruesome picture such as skulls or skeletons
and signs depicting nude human body parts or pornographic
scenes are prohibited.
8.14
In subsection 8.13 (e), a double-faced sign may have the message or
content written in English on one side and French on the other side.
8.15
Where the regulations in this by-law set out a maximum sign face
area, that maximum includes all the sign faces of all the signs on the
face of the wall to which the signs are affixed.
8.16
In Section 8.15, "all the sign faces of all the signs" includes a nonconforming sign.
8.17
For the purposes of this by-law, the maximum sign face area is
calculated by determining the total area contained within the
rectilinear outline that uses the least number of horizontal and vertical
lines to enclose the sign face and all other components of the sign that
constitute the complete message.
8.18
For a sign attached to a building, the permitted sign face area
calculation relates to the exterior wall area of the building storey in
which the sign is located.
8.19
Where a sign is attached to a building and straddles a storey, the
permitted sign face area calculation relates to the exterior wall area of
the building storey, in which the majority of the area of the sign is
located.
8.20
A double-faced sign or multi faced sign may have up to twice the sign
face area that would be permitted if it were only a single faced sign.
8.21
The sign face area permitted by Section 8.20 shall be divided equally
between or among all the sign faces referred to in Section 8.20.
8.22
Every owner of an animated sign shall ensure that the sign that is
erected is permitted by the regulations of the district in which that sign
is located.
8.23
No person shall erect or cause to be erected or maintain any
illuminated sign, or any portion thereof, that is not visibly identified by
the sign installer's or manufacturer's identification tag, including any
applicable Canadian Standards Association and electrical safety
authority certification tags.
8.24
Every owner of a permanent or temporary sign shall ensure that the
electrical wiring carrying the power supply to a sign is not above
ground or out in the open.
8.25
Section 8.24 does not apply to electrical wiring that is inside a building
and is fed through the wall of that building directly to the sign.
8.26
Where a sign structure has a missing face, the owner of a permanent
sign shall ensure that, in lieu thereof, it has a solid, opaque or
translucent panel completely covering the sign face opening.
General Design Criteria
8.27
The owner of a permanent or temporary sign shall ensure that the
size, scale, design and appearance of a sign that is on or attached to a
building comply with the regulatory provisions that apply to the type of
sign.
8.28
Section 8.27 applies, with all necessary modification, to a billboard
sign.
8.29
Where two or more signs are on or attached to a building, the owner of
those signs shall ensure that those signs are of uniform height and
arrangement.
8.30
Every owner of a permanent or temporary sign shall ensure that the
materials and structures design shall comply with all governing
requirements of the Building Code, the electrical safety authority or
any other code or legislation having jurisdiction over such matters.
Location and Positioning Restrictions
8.31
No person shall erect or cause to be erected or maintain any
permanent sign that is illuminated within;
(a)
(b)
a residential zone; or
30 m of a residential use in a residential zone, if it is visible
from a residential use in a residential zone.
8.32
Despite any other provision of this by-law, every owner of a permanent
or temporary sign shall ensure that the sign structure is located so as
not to interfere with vehicular or pedestrian movement to such a
degree that it becomes or creates a nuisance or a hazard for any
vehicle or person.
8.33
No person shall erect or cause to be erected or maintain any
permanent or temporary sign or sign structure that obstructs:
(a)
(b)
(c)
(d)
an emergency exit;
an emergency standpipe;
a fire hydrant; or
any means of access by an emergency service to any part of
a building.
8.34
Where a sign projects more than 5.0 cm from the surface to which it is
attached, the owner of the permanent or temporary sign shall ensure
that the underside of the sign structure shall:
(a)
(b)
be at a minimum of 2.5 m above the surface of a sidewalk,
walkway or other route or area usually used by pedestrians;
and
be at a minimum of 4.3 m above a street, private road, lane,
parking lot, or any other area usually travelled or used by
vehicles.
8.35
Where the access to and from a parking lot or other area usually
travelled or used by vehicles is restricted by a clearly marked,
overhead height bar or other overhead physical barrier, subsection
8.34(b) does not apply and, instead, the underside of the sign
structure referred to in Section 8.34 shall be at least as far above the
parking lot or other area travelled or used by vehicles as is the
overhead height bar or other overhead physical barrier.
8.36
The owner of a permanent or temporary sign shall ensure that every
part of the sign structure be:
(a)
(b)
at least 1.5 m from the lot lines; and
at least 0.5 m from a parking lot or other area usually
travelled or used by motor vehicles.
8.37
No person shall erect or cause to be erected or maintain any
permanent or temporary sign or sign structure, or any part thereof,
within 8 m of a traffic control signal.
8.38
Section 8.37 does not apply to a wall sign or to a canopy sign that
projects less than 0.5 m from the wall to which it is attached.
8.39
Despite any provision of this by-law, the owner of a permanent or
temporary sign shall locate the sign so as to be serviceable entirely
from the premises upon which the sign in located.
8.40
No person shall erect or cause to be erected or maintain any of the
following permanent signs in a location other than on the first or
second storey:
(a)
(b)
(c)
(d)
(e)
8.41
wall sign;
projecting sign;
marquee sign;
canopy sign; or
mural sign.
Section 8.40 does not apply to a logo sign.
SECTION 9 – GROUND SIGN REGULATION
Rules Applicable To All Ground Signs
9.1
Every owner of a ground sign shall ensure that the sign that is erected
is permitted by the regulations of the district in which that sign is
permitted.
9.2
The owner of a ground sign shall ensure that at least one ground sign
on the premises clearly displays the civic number and, if possible, the
common property name.
9.3
The area of the municipal address will not be calculated as part of the
total sign face area provided the area of the municipal address does
not exceed 1 m2.
Location and Positioning Restrictions
9.4
The owner shall ensure that the ground sign is located at least 30 m
from a residential use within a residential zone.
9.5
No owner shall locate any part of a ground sign closer than:
(a)
(b)
(c)
9.6
1.5 m from any lot line abutting a street;
1.5 m from every driveway, lane or aisle; or
1.5 m from a side lot line or a rear lot line.
Where two or more ground signs are:
(a)
(b)
(c)
identification signs or information signs;
on the same premises; and
on the same street frontage,
the owner of each sign shall ensure that the signs are located at least
50 m apart.
9.7
Every owner of a ground sign shall ensure that there are no more than
one information ground sign at the entrance to or exit from any
premises.
Illumination
9.8
Every owner of a ground sign shall ensure that every external light
used to illuminate a ground sign is arranged to direct light away from
any adjacent residential premises and streets and downward so as to
reduce night light pollution.
9.9
No person shall erect or cause to be erected or maintain an illuminated
ground sign within:
(a)
(b)
a residential zone; or
30 m of a residential use in a residential zone, if it is visible
from a residential use in a residential zone.
9.10
Subsection 9.9(b) does not apply to an illuminated ground sign that is
on a different street to the one that the residential use is on.
9.11
Where a ground sign is located more than 30 m but less than 45 m
from a residential use in a residential zone, and is visible from a
residential use in a residential zone, an owner may illuminate the
ground sign if the illumination is:
(a)
(b)
external; or
internal provided that it is illuminated through the text or
graphic images that make up the message and the remainder
of the background of the sign face is opaque.
Message Centre Signs
9.12
Every owner of a message centre sign shall ensure that the sign that is
erected is permitted by the regulations of the district in which that sign
is permitted.
9.13
An owner may incorporate a message centre sign as a portion of a
ground sign.
9.14
No person shall erect or cause to be erected or maintain a message
centre sign as a portion of a ground sign in Districts 1, 2, 3 and 5
unless:
(a)
(b)
the area of the sign face is no greater than twenty-five per
cent (25%) of the permitted area; and
despite Section 9.4 and 9.9, the illuminated message centre
is located at least 60 m from a residential use in a residential
zone.
District Regulations
9.15
In Table 3 of Section 9.16, Table 4 of Section 9.18, Table 5 of Section
9.19, Table 6 of Section 9.20:
(a)
(b)
(c)
(d)
Column I sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land-use of the
premises upon which the sign is located is commercial;
Column III sets out the regulation where the land-use of the
premises upon which the sign is located is institutional; and
'N/A' means not applicable, as a sign is not permitted.
District 1
9.16
No person shall erect or cause to be erected or maintain a ground sign
in District 1 unless it complies with the regulations set out in Table 3
as follows:
Table 3 Ground Sign – District 1
I
Aspect Regulated
II
Commercial
III
Institutional
i
Maximum sign face
16 m2
3 m2
ii
Maximum height
8.5 m
2m
iii
Illumination
external or internal
external or internal
District 2
9.17
No person shall erect or cause to be erected or maintain a ground sign
in District 2.
District 3
9.18
No person shall erect or cause to be erected or maintain a ground sign
in District 3 unless it complies with the regulations set out in Table 4
as follows:
Table 4 Ground Sign – District 3
I
Aspect Regulated
II
Commercial
III
Institutional
i
Maximum sign face
4 m2
3 m2
ii
Maximum height
2m
2m
iii
Illumination
external or internal
external or internal
District 4 and District 5
9.19
No person shall erect or cause to be erected or maintain a ground sign
in District 4 and District 5 unless it complies with the regulations set
out in Table 5 as follows:
Table 5 Ground Sign – District 4 and District 5
I
Aspect Regulated
II
Commercial
III
Institutional
i
Maximum sign face
6 m2
1 m2
ii
Maximum height
5.5 m
1m
iii
Illumination
external or internal
external or internal
District 6
9.20
No person shall erect or cause to be erected or maintain a ground sign
in District 6 unless it complies with the regulations set out in Table 6
as follows:
Table 6 Ground Sign – District 6
I
Aspect Regulated
II
Commercial
III
Institutional
i
Maximum sign face
4 m2
3 m2
ii
Maximum height
3m
2m
iii
Illumination
none
none
9.21
Despite the regulations in Tables 3 to 6 of Sections 9.16, 9.18 to 9.20,
a permanent ground sign is permitted in Districts 1 and Districts 3 to 6
for an apartment dwelling building, or for a planned unit development
that has more than ten units, if that sign otherwise complies with the
regulations set out in Column III of Table 6 of Section 9.20.
Information Signs
9.22
In Districts 1 through 6, inclusive, where the zoning permits a drivethru restaurant service, no person shall erect or cause to be erected or
maintain a drive-thru sign for pre-menu information and a drive-thru
sign for menu information for a drive-thru business unless:
(a)
(b)
the pre-menu sign face area is not more than 1 m2;
the menu sign face area is not more than 4.6 m2;
(c)
(d)
(e)
9.23
In Districts 1 through 6, inclusive, where two or more buildings are on
the same premises and all have direct access to an internal roadway
within the premises, an owner may erect an additional sign for each
building on the premises and shall ensure that the sign:
(a)
(b)
(c)
(d)
(e)
9.24
the height of the pre-menu sign or menu sign does not
exceed 3 m;
the pre-menu video screen is not more than 0.15 m2, if it is
included; and
such pre-menu information video screen does not produce a
sound.
is a ground sign;
is used only to identify a building or the occupant of a
building;
has a sign face area not more than 2 m2 and a height that
does not exceed 2 metres where the land-use of the
premises is commercial;
has a sign face area not more than 0.5 m2 and a height that
does not exceed 2 metres where the land-use of the
premises is commercial;
is at or near the main entrance to the building that sign is
meant to identify.
In addition to Section 9.23, where two or more buildings are on the
same premises and all have direct access to an internal roadway within
the premises, an additional sign in the form of a map showing the
location of the individual buildings or occupants on the premises is
permitted and the owner shall ensure that the sign:
(a)
(b)
(c)
(d)
(e)
is a ground sign;
has a sign face area not more than 5 m2;
has a height that does not exceed 2 m;
is used only for information purposes; and
is located at the main entrance to the site.
SECTION 10 – WALL SIGN REGULATIONS
Rules Applicable To All Wall Signs
10.1
Every owner of a wall sign shall ensure that the sign is permitted by
the regulations of the district in which it is located.
10.2
A wall sign may be permitted on any wall on a building.
10.3
No person shall erect or cause to be erected or maintain more that one
wall sign per business.
10.4
Despite Section 10.3, the owner may erect or cause to be erected or
maintain an additional wall sign on each wall of the building facing a
street if the building is located on a corner lot or a through lot.
Location and Positioning Restrictions
10.5
No person shall extend a wall sign around the corners of the wall upon
which it is mounted, except that when a premises is located at the
corner of a building, a wall sign may extend around the corner on
which it is mounted.
10.6
Signs extending around the corner lawfully erected under Section 10.5
shall be deemed to be two signs for the purpose of calculating the
permitted number of signs and permitted sign area.
10.7
An owner shall ensure that the wall sign does not project more than
0.5 m from the wall to which it is attached.
10.8
An owner shall ensure that a wall sign does not project above the
roofline of the building it is on.
10.9
Where a sign is on the wall of a building canopy, no person shall
extend that sign above the top of the roofline of the building canopy
itself.
10.10
Where a sign is on the wall of a gasoline pump island canopy, no
person shall extend that sign above the top of the roofline of the
canopy itself.
Illumination
10.11
No person shall erect or cause to be erected or maintain an illuminated
wall sign within:
(a)
(b)
a residential zone; or
30 m of a residential use in a residential zone, if it is visible
from a residential use in a residential zone.
Message Centre Signs
10.12
Every owner of a message centre sign shall ensure that the sign that is
erected is permitted by the regulations of the district in which that sign
is permitted.
10.13
An owner may incorporate a message centre sign as a portion of a wall
sign.
10.14
No person shall erect or cause to be erected or maintain a message
centre sign as a portion of a wall sign in Districts 1, 2, 3 and 5 unless:
(a)
(b)
the sign that is erected is permitted by the regulations of the
district in which that sign is permitted;
the area of the sign face is no greater than twenty-five per
cent (25%) of the permitted area; and
(c)
despite subsection 10.11(b), the illuminated message centre
is located at least 60 m from a residential use in a residential
zone.
Marquee Signs
10.15
No person shall erect or cause to be erected or maintain a message
centre component of a marquee sign in Districts 1 through 6 that is
more than 75% of the sign face area of a marquee sign.
Bed and Breakfast and Home Based Business Signs
10.16
One sign only is permitted for a Bed and Breakfast in Districts 1
through 6, inclusive, if:
(a)
(b)
10.17
One sign only is permitted for a home based business in Districts 1
through 6, inclusive, if:
(a)
(b)
10.18
the Bed and Breakfast is permitted by the zoning by-law; and
the sign complies with subsection 10.18(c).
the home based business is permitted by the zoning by-law;
and
the sign complies with subsection 10.18(c).
No person shall erect more than one wall sign for a Bed and Breakfast
or a home based business in Districts 1 through 6 provided that:
(a)
(b)
(c)
the Bed and Breakfast use is permitted by the zoning by-law;
the home based business is permitted by the zoning by-law;
and
the sign:
(i)
(ii)
(iii)
(iv)
(v)
10.19
is a wall sign,
is the only sign on the premises,
is an identification sign,
does not exceed an area of 0.5 m2, and
is not illuminated.
Despite the regulations subsections 10.18(c), a permanent ground sign
is permitted in District 6 for a Bed and Breakfast or home based
business provided that:
(a)
the building containing the Bed and Breakfast or home based
business is set back more than 30 metres from the front
property line;
(b) the sign:
(i)
is an identification sign,
(ii)
is set back at least 1.5 m from any lot line,
(iii)
does not exceed an area of 0.5 m2,
(iv)
does not exceed a height of 1.5 m, and
(v)
is not illuminated.
Mural Signs
10.20
No owner of a mural sign shall paint a mural sign onto the exterior wall
containing the main entrance to the building.
10.21
No person shall use a mural sign for any form of commercial
advertising or public information or solicitation of any kind.
10.22
No person shall erect or cause to be erected or maintain a mural sign
that exceeds a maximum sign face area permitted by the District in
which the mural sign is located.
10.23
Despite Section 10.21, a portion of the mural sign may be utilized as
an acknowledgement recognizing the sponsor of the mural sign,
providing the owner of the mural sign ensures:
(a)
(b)
(c)
the acknowledgement does not exceed a maximum area of
0.5 m2;
the acknowledgement is located at a bottom corner of the
mural sign; and
the acknowledgement shall be located at the lowest point of
the mural sign face, if the mural is not rectangular in shape.
10.24
A mural sign is only permitted in Districts 1, 2 and 5.
10.25
The Director may authorize mural signs that are located on surfaces
other than buildings, such as retaining walls, provided that:
(a)
(b)
The proposed mural sign complies with Sections 10.22 and
10.23; and
The owner of the property on which the proposed mural is to
be placed and the Ward Councillor concur.
Wall Signs for Apartment Dwellings
10.26
No person shall erect or cause to be erected or maintain a wall sign for
an apartment dwelling building in Districts 1 through 5 unless:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
it is an identification sign;
it contains only the name of the building upon which it is
located;
it serves only to identify the building upon which it is located;
it contains no advertising;
it is at the first storey only;
it is at or over the principal entrance to the building;
the area of the sign face is not more than 10% of the area of
the wall of the storey in which it is located.
Logo Signs
10.27
No person shall erect or cause to be erected or maintain a logo sign in
Districts 1 through 6 unless it:
(a)
(b)
(c)
(d)
10.28
is an identification sign;
does not contain any advertising;
is located on the top most storey only of the building upon
which it is located;
has a maximum sign face area not exceeding 5% of the top
storey wall area that the logo sign is on.
Despite Section 10.27, no person shall erect or cause to be erected or
maintain an illuminated logo sign in Districts 1 through 6 for any use
where the illuminated logo sign is:
(a)
(b)
within 60 m from a residential use in a residential zone; and
visible from a residential use in a residential zone.
10.29
No person shall erect more than one logo sign on the same wall of a
building.
10.30
No person shall erect more than four logo signs on any one building.
District Regulations
10.31
In Table 7 of Section 10.32:
(a)
(b)
(c)
(d)
(e)
Column I sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land-use of the
premises upon which the sign is located is an apartment
dwelling;
Column III sets out the regulation where the land-use of the
premises upon which the sign is located is institutional;
Column IV sets out the regulation where the land-use of the
premises upon which the sign is located is other than
apartment dwelling or institutional; and
"N/A" means not applicable, as a sign is not permitted.
Districts 1 through 6
10.32
No person shall erect or cause to be erected or maintain a wall sign in
Districts 1 through 6 unless:
(a)
it is an identification or information sign only; and
(b)
it complies with the regulations set out in Table 7 as follows:
Table 7 Wall Signs – Districts 1 through 6
I
Aspect Regulated
II
Apartment
Dwelling
i
Maximum sign face
10% of the
area of the
wall of the
first storey
ii
Illumination
not permitted
III
Institutional
IV
Other uses
15% of the
wall
15% of the
wall
external or
internal
external or
internal
SECTION 11 – PROJECTING SIGN REGULATIONS
Rules Applicable To All Projecting Signs
11.1
Every owner of a projecting sign shall ensure that the sign that is
erected is permitted by the regulations of the district in which it is
located.
Location and Positioning Restrictions
11.2
Where a projecting sign projects more than 5.0 cm from the surface to
which it is attached, the owner of the sign shall ensure that the
underside of the sign structure is:
(a)
(b)
at least 2.5 m above the surface of a sidewalk, walkway or
other route or area usually used by pedestrians; and
at least 4.3 m above a street, private road, lane, parking lot,
or any other area usually travelled or used by vehicles.
11.3
An owner shall ensure that a projecting sign does not project above
the roofline of the building it is on.
11.4
No person shall erect or cause to be erected or maintain a projecting
sign that projects more than 1 m beyond the face of the wall of the
building to which it is attached.
Illumination
11.5
No person shall erect or cause to be erected or maintain an illuminated
projecting sign within:
(a)
(b)
a residential zone; or
30 m of a residential use in a residential zone, if it is visible
from a residential use in a residential zone.
District Regulations
11.6
In Table 11:
(a)
(b)
(c)
(d)
(e)
Column I sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land-use of the
premises upon which the sign is located is commercial;
Column III sets out the regulation where the land-use of the
premises upon which the sign is located is institutional;
Column IV sets out the regulation where the land-use of the
premises upon which the sign is located is other than
commercial or institutional; and
"N/A" means not applicable, as a sign is not permitted.
Districts 1 through 6
11.7
No person shall erect or cause to be erected or maintain a projecting
sign in Districts 1 through 6 for a residential use in a residential zone.
11.8
No person shall erect or cause to be erected or maintain a projecting
sign in Districts 1 through 6 unless it complies with the regulations set
out in Table 8 as follows:
Table 8 Projecting Signs – Districts 1 through 6
I
Aspect Regulated
II
Commercial
III
Institutional
IV
Other uses
i
Maximum sign face
2 m2
2 m2
1 m2
ii
Illumination
internal
internal
internal
SECTION 12 – CANOPY SIGN REGULATIONS
Rules Applicable To All Canopy Signs
12.1
Every owner of a canopy sign shall ensure that the sign is permitted by
the regulations of the district in which it is located.
Location and Positioning Restrictions
12.2
Where a canopy sign projects more than 5.0 cm from the surface to
which it is attached, the owner of the sign shall ensure that the
underside of the sign structure is:
(a)
at least 2.5 m above the surface of a sidewalk, walkway or
other route or area usually used by pedestrians; and
(b)
at least 4.3 m above a street, private road, lane, parking lot,
or any other area usually travelled or used by vehicles.
12.3
An owner shall ensure that a canopy sign does not project above the
roofline of the building it is on.
12.4
No person shall extend a canopy sign around the corners of the wall
upon which it is mounted, except that when a premises is located at
the corner of a building, a canopy sign may extend around the corner
on which it is mounted.
12.5
Signs extending around the corner lawfully erected under Section 12.4
shall be deemed to be 2 signs for the purpose of calculating the
permitted number of signs and permitted sign area.
Illumination
12.6
No person shall erect or cause to be erected or maintain an illuminated
canopy sign within:
(a)
(b)
12.7
a residential zone; or
30 m of a residential use in a residential zone, if it is visible
from a residential use in a residential zone.
The owner of a canopy sign shall ensure that the canopy does not
project over the street unless an encroachment permit has been
issued.
District Regulations
12.8
In Table 9
(a)
(b)
(c)
(d)
Column I sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land-use of the
premises upon which the sign is located is institutional;
Column III sets out the regulation where the land-use of the
premises upon which the sign is located is other than
institutional; and
"N/A" means not applicable, as a sign is not permitted.
Districts 1 through 6
12.9
No person shall erect or cause to be erected or maintain a canopy sign
in Districts 1 through 6 unless:
(a)
(b)
it is an identification or information sign only; and
it complies with the regulations set out in Table 9 as follows:
Table 9 Canopy Signs – Districts 1 through 6
I
Aspect Regulated
II
Institutional
III
Other uses
i
Maximum sign face
15% of the canopy
15% of the canopy
iii
Illumination
external or internal
external or internal
SECTION 13 – BILLBOARDS SIGNS,
DIRECTIONAL FARM SIGN REGULATIONS
STREET
AD
SIGNS
AND
Billboard Signs
Rules Applicable To All Billboard Signs
13.1
A billboard sign is only permitted along County Roads.
13.2
Proposed billboards along County Roads shall comply with the
guidelines issued by the United Counties of Prescott and Russell and
the Corporation of the City of Clarence-Rockland.
13.3
A billboard sign shall be either a wall sign or a ground sign.
13.4
No person shall erect or cause to be erected or maintain a billboard
sign that is not either a wall sign or a ground sign.
Location and Positioning Restrictions
13.5
No person shall erect or cause to be erected or maintain a billboard
sign within 30 m of a lot having on it:
(a)
a building designated under Part IV of the Ontario Heritage
Act.
13.6
Despite Table 10 of Section 13.20 where a part of the message
component of a billboard sign extends beyond the ordinary rectangular
shape of the sign face of a standard rectangular billboard, the sign face
area of that sign may be increased by up to 5%.
13.7
No person shall erect or cause to be erected or maintain a billboard
sign within 15 m of any other type of ground sign, including a street ad
sign.
13.8
No person shall erect or cause to be erected or maintain a billboard
sign on premises where the land use is upon which the sign is located
is residential or agricultural.
13.9
The owner of a billboard sign shall ensure that there is at least 2.5 m
but not more than 4.5 m clearance between the underside of the
structure holding the sign face of the billboard sign and grade.
13.10
No person shall erect or cause to be erected or maintain a billboard
sign within 60 m from a residential use.
13.11
Where a billboard sign is visible from a residential use and there is no
visible obstruction or barrier provided by an existing building or
structure that would mitigate the impact of the billboard and its
illumination, the owner of the billboard sign shall ensure that the sign
is at least 300 m from the lot having on it that residential use.
13.12
A billboard sign with sign copy that changes mechanically shall not be
considered to be an animated sign for the purpose of this by-law.
13.13
No person shall erect or cause to be erected or maintain a billboard
sign any closer than 500 m from a community area or an urban area
as designated in the Official Plan.
13.14
Every owner of a billboard sign shall ensure that the billboard sign has
a separation distance of 300 m from any other billboard sign in any
direction, measured from the nearest part of any billboard sign.
13.15
No person shall erect or cause to be erected or maintain a billboard
sign unless:
(a)
(b)
(c)
(d)
13.16
it has a minimum setback of 25 meters from a County Road
easement;
it has a minimum setback from any other lot line of 5 m;
it has a minimum setback of 5 m from every driveway, lane
or aisle; and
the minimum separation distance between any building or
structure and the billboard sign is 9 m.
For the purposes of Section 13.11, the visibility shall be determined by
the Director.
Illumination
13.17
Where a billboard sign is externally illuminated, the owner of the sign
shall ensure that the lamping of the billboard sign is shielded so as to
prevent the light from spilling over on to or reaching a residential use.
13.18
No person shall erect or cause to be erected or maintain a billboard
sign that is illuminated by or contains flashing, intermittent
illumination, rotating or changing light, beam or beacon or contains
readograph or electronic messages.
District Regulations
13.19
In Table 10 of Section 13.20:
(a)
(b)
Column I sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land use of the
premises upon which the sign is located is residential;
Column III sets out the regulation where the land use of the
premises upon which the sign is located is institutional;
Column IV sets out the regulation where the land use of the
premises upon which the sign is located is other than
residential or institutional; and
"N/A" means not applicable, as a sign is not permitted.
(c)
(d)
(e)
13.20
No person shall erect or cause to be erected or maintain a billboard
sign in Districts 1 through 6 unless it complies with the regulations set
out in Table 10 as follows:
Table 10 Billboard Signs – Districts 1 through 6
I
Aspect Regulated
II
Residential
III
Institutional
IV
Other uses
i
Maximum sign face
N/A
18.5 m2
18.5m2
ii
Maximum height
N/A
9m
9m
iii
Illumination
N/A
external or
internal
external or
internal
Street Ad Signs
Rules Applicable to All Street Ad Signs
13.21
A street ad sign is permitted in Districts 1, 2 and 5 for a duration of up
to five years.
13.22
A permit for a street ad sign in Districts 1, 2 and 5 which has or is
about to expire may, subject to the provisions of this by-law in effect
at the time be renewed for further periods of up to five years, upon
submission of a new street ad sign permit application as if it was an
original application.
13.23
No owner of a street ad sign shall fail to remove a street ad sign from
the premises immediately after the permit has expired.
13.24
Every owner of a street ad sign shall ensure that the display area of a
street ad sign is covered with clear plastic or other transparent
material.
Location and Positioning Restrictions
13.25
No person shall erect or cause to be erected or maintain a street ad
sign within 15 m of any other type of ground sign, including a billboard
sign.
13.26
No person shall erect or cause to be erected or maintain a street ad
sign within 250 m of another street ad sign.
13.27
No person shall erect or cause to be erected or maintain a street ad
sign within 1.5 m of a street.
13.28
Every owner of a street ad sign that is within 3 m of a private road or
driveway that provides access from a street to the premises upon
which the sign is located shall ensure that the sign is setback at least 2
m from that street.
District Regulations
Districts 1, 2 and 5
13.29
In Table 11 of Section 13.30,
(a)
(b)
(c)
(d)
(e)
13.30
Column I sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land-use of the
premises upon which the sign is located is residential;
Column III sets out the regulation where the land-use of the
premises upon which the sign is located is institutional;
Column IV sets out the regulation where the land-use of the
premises upon which the sign is located is other than
residential or institutional; and
"N/A" means not applicable, as sign is not permitted.
No person shall erect or cause to be erected or maintain a street ad
sign in Districts 1, 2 and 5 unless it complies with the regulations set
out in Table 11 as follows:
Table 11 Street Ad Signs – Districts 1, 2 and 5
I
Aspect Regulated
II
Residential
III
Institutional
IV
Other uses
i
Maximum area
N/A
N/A
5.5 m2
ii
Maximum height
N/A
N/A
3.5 m
iii
Illumination
N/A
N/A
N/A
iv
Front yard
setback
N/A
N/A
1.5 m
v
Side yard setback
N/A
N/A
1.5 m vcq
Directional Farm Signs
Rules Applicable To All Directional Farm Signs
13.31
A directional farm sign is permitted in Districts 1 through 6.
13.32
No owner of a directional farm sign shall fail to remove a directional
farm sign from an off-premises location immediately after a registered
farm or farmers’ market ceases to exist.
Location and Positioning Restrictions
13.33
No person shall erect or cause to be erected a directional farm sign
unless:
(a)
(b)
(c)
(d)
(e)
it is located within a 12 kilometre radius from the registered
farm to which the sign applies;
there is a minimum distance of 150 metres between
directional farm signs for different registered farms;
there is a minimum distance of 1000 metres between
directional farms signs for the same registered farm;
it has a minimum setback of 1 metre from any property line;
and
it is located at least 30 metres from any other ground sign.
District Regulations
13.34
In Table 12 of Section 13.35,
(a)
(b)
Column 1 sets out the aspect of the sign that is regulated;
Column II sets out the regulation where the land use of the
premises upon which the sign is located is residential;
(c)
(d)
(e)
13.35
Column III sets out the regulation where the land use of the
premises upon which the sign is located is institutional;
Column IV sets out the regulation where the land use of the
premises upon which the sign is located is other than
residential or institutional; and
“N/A” means not applicable, as a sign is not permitted.
No person shall erect or cause to be erected or maintain a directional
farm sign in Districts 1 through 6 unless it complies with Table 12 as
follows:
Table 12 Directional Farm Signs – Districts 1 through 6
I
Aspect Regulated
II
Residential
III
Institutional
IV
Other uses
i
Maximum sign face
N/A
N/A
1.5 m2
ii
Maximum height
N/A
N/A
1m
iii
Illumination
N/A
N/A
none
SECTION 14 – DEVELOPMENT SIGN REGULATION
Development Signs
Rules Applicable To All Development Signs
14.1
No person shall erect or cause to be erected or maintain a
development ground sign within 30 m of another development ground
sign on the same street frontage.
14.2
Where the development sign is a wall sign, the owner of the sign shall
ensure that it is not on the same building face as another development
sign.
14.3
The owner of the development sign shall ensure that the duration of a
development sign does not exceed the time of promotion and
marketing of the development.
14.4
No owner of a development sign shall fail to remove a development
sign from the premises no later than 60 days after 90% of all buildings
units have been built.
Illumination
14.5
The owner of a development sign shall ensure that illumination is:
(a)
(b)
(c)
external only;
located at the top of the sign structure; and
directed downward on the sign face.
14.6
No person shall erect or cause to be erected or maintain a
development sign that is illuminated by or contains flashing,
intermittent illumination, a rotating or changing light, beam or beacon
or contains readograph or electronic messages.
14.7
No person shall erect or cause to be erected or maintain a
development sign that is illuminated within 30 m of a residential use in
a residential zone except a development sign located at a sales’ centre.
14.8
In Table 13 of Section 14.9,
(a)
Column I sets out the aspect of the sign that is to be
regulated; and
Columns II, III, IV and V set out the regulation for the area
of the development.
(b)
14.9
No person shall erect or cause to be erected or maintain a
development sign unless it complies with the regulation set out in
Table 13 as follows:
Table 13 Development Signs – Districts 1 through 6
I
Aspect
Regulated
II
Area of
development
less than 500
m2
III
Area of
development
over 500 m2
to 1000 m2
IV
Area of
development
over 1000 m2
to 5000 m2
V
Area of
development
over 5000 m2
i
Maximum
total sign
face area
2 m2
6 m2
20 m2
50 m2
ii
Maximum
height
3m
5m
5m
7m
iii
Maximum
sign face
area of one
sign
2 m2
6 m2
12 m2
20 m2
Directional Development Signs
Rules Applicable To All Directional Development Signs
14.10
A directional development ground sign is permitted in Districts 1
through 6 on vacant land and must be removed as soon as 90% of all
building units have been built.
14.11
No owner of a directional development sign shall fail to remove a
directional development sign from the premises immediately after 90%
of all building units have been built.
14.12
A directional development sign shall only be a ground sign.
14.13
No person shall erect or cause to be erected or maintain more than a
maximum of 4 directional development signs.
14.14
A directional development ground sign shall have a maximum face
area of 1 m2 and a maximum height of 1.5 m from grade.
14.15
No person shall erect or cause to be erected or maintain a directional
development ground sign within 25 m of a road intersection.
14.16
No person shall erect or cause to be erected or maintain a directional
development sign unless it is non-illuminated.
14.17
The fee for directional development
established in Table 2 of Section 7.1.
sign
permits
shall
be
as
Location and Positioning Restrictions
14.18
No person shall erect or cause to be erected a directional development
ground sign within or outside of a village or urban area unless:
(a)
(b)
(c)
(d)
(e)
it is located within a 3 km radius from the development to
which the sign applies;
it is located on the right side of the road adjacent to the flow
of traffic towards the property identified on the sign;
it has a minimum setback from a property line abutting a
street of 1.5 m;
it has a minimum setback from a side or rear yard property
line of 1.5 m; and
it is located at least 30 m from any other ground sign.
SECTION 15 – TEMPORARY SIGNS
15.1
Despite Section 5.1, the following temporary signs shall be permitted
in the Corporation of the City of Clarence-Rockland and shall be
exempt from the requirements of a permit, provided that these signs
comply with the provisions of this by-law:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
election signs;
incidental signs;
real estate signs;
signs that pertain to an event or give a message that is
political, civic, charitable, philanthropic, educational, artistic,
cultural or religious in nature;
signs identifying the sale of seasonal farm-site produce
provided that these signs are placed on the premises where
the produce is being sold and that the property is zoned
agricultural or rural;
signs, other than real estate signs, that:
(i)
contain the message "for sale", and
(ii)
are no greater in dimension than 438 mm2;
signs affixed to the top of a gasoline pump provided that the
top of the sign is no higher than 3.5 m above grade; and
an A-frame signs in accordance with Section 3.1 between
May 1st and November 1st of each year and should not
impede on pedestrian traffic.
15.2
The temporary signs permitted in subsections 15.1 (b) and (f) shall
remain placed on the premises for a period of time not to exceed 10
consecutive days.
15.3
The temporary signs permitted in subsections 15.1 (d) shall remain
placed on the premises for a period of time not to exceed 60 days
within a 1 year period from the first day the temporary sign is erected.
15.4
The temporary signs permitted in subsections 15.1 (d) can remain
placed on the premises for a period of time less than 60 days although
the sum of the period of time the temporary sign shall remain on the
premises within a 1 year period from the first day a temporary sign is
erected must not exceed 60 days.
Prohibited Signs
15.5
No person shall place a temporary sign on any premises zoned
residential under any zoning by-law in effect within the Corporation of
the City of Clarence-Rockland.
15.6
Section 15.5 shall not apply to temporary signs permitted in subsection
15.1 (a) and (c).
15.7
No person shall use or park a vehicle or any part of a vehicle on any
premises for the sole purpose of an advertising device.
Location Restrictions
15.8
No person shall place or permit to be placed or allow to remain placed
on the premises a temporary sign within 25 m from another temporary
sign.
Conditions of Permit
15.9
The Director shall not issue more than 2 temporary sign permits for an
inflatable sign for a single business on the premises on which the
inflatable sign is to be placed in 1 calendar year.
15.10
Every permit issued for a temporary sign shall permit the placement of
the sign on the premises at the address of the owner or occupant for a
period not to exceed 60 days within a 1 year period from the first day
the temporary sign is erected.
15.11
A permit issued for a temporary sign can permit the placement of the
sign on the premises at the address of the owner or occupant for a
period of time less than 60 days although the sum of all temporary
sign permits issued within a 1 year period from the first day a
temporary sign permit is issued must not exceed 60 days.
15.12
The fee for every temporary sign permit issued subsequent to the
issuance of the first temporary sign permit in accordance with Section
15.11 shall be equal to the cost of a temporary sign permit.
15.13
Despite Sections 15.10 and 15.11, a temporary sign permit that is
issued for an inflatable sign shall permit the placement of the inflatable
sign on the premises at the address of the owner or occupant for a
period not to exceed 7 consecutive days within a 6 month period from
the first day the temporary inflatable sign is erected.
General Regulations
15.14
No person shall place or permit to be placed or allow to remain placed
on the premises a temporary sign that:
(a)
(b)
(c)
(d)
(e)
has more than 2 sign faces;
has 1 sign face that exceeds 4.5 m2 in area;
has a maximum height, measured from grade, that exceeds
2.7 m;
is illuminated; or
employs:
(i)
(ii)
any flash or sequential light, or
any mechanical or electronic device to provide or
simulate motion.
15.15
Despite subsection 15.14 (d), a temporary sign may be illuminated by
indirect lighting reflected off the sign message.
15.16
Every person who places or permits to be placed or allows to remain
placed on the premises a temporary sign shall ensure that the
temporary sign has all of its illumination lighting arranged to direct
light away from any adjacent residential premises and streets and
downward so as to reduce night light pollution.
15.17
No person shall place or permit to be placed or allow to remain placed
on City-owned property a temporary sign without the approval of the
Director or Council.
15.18
In the case of a corner lot, no person shall place or cause to be placed
a temporary sign that is greater than 75 cm in height at any point
within the sight triangle as defined by Section 3.122 of this By-law.
15.19
In the case of any lot, no person shall place or cause to be placed a
temporary sign that is greater than 75 cm in height at any point within
a visibility triangle formed by measuring 6 m along the lot line and a
driveway, at the intersection of the driveway and the lot line abutting
the highway.
15.20
No person shall place or permit to be placed or allow to remain placed
on the premises a temporary sign unless the sign:
(a)
(b)
(c)
(d)
(e)
(f)
is an on-premises sign displaying a message that logically
and clearly indicates that the use is for the person or
business who originally applied for the sign permit;
is in good repair;
is situated at grade;
is located at the approved location contained in the
application;
is placed only during the approved dates contained in the
application; and
is placed for no longer than the time specified on the permit
at any 1 municipal address or premises to which a sign
permit has been issued.
15.21
Despite Section 15.20 (a), the temporary signs identified in subsection
4.5 (b) and (h) and subsection 15.1 (a), (c) and (f) shall be permitted
to be off-premises, provided that these signs shall comply with the
provisions of this by-law.
15.22
Despite Section 15.20 (a), the temporary signs identified in subsection
15.1 (d) shall be permitted to be off-premises, provided that these
signs shall comply with the provisions of this by-law and that the
applicant provides a written consent from the owner of the property
where the sign will be installed.
15.23
No person shall place or permit to be placed or allow to remain placed
on the premises a temporary sign that:
(a)
(b)
(c)
(d)
(e)
is structurally unsafe;
constitutes a fire or safety hazard;
impedes the movement of vehicular or pedestrian traffic;
would constitute a risk to the safety of persons or premises;
or
is harmful to the environment,
as determined by the Director.
15.24
No person shall place or permit to be placed a temporary sign: prior to
the commencement date as set out in the temporary sign permit.
Inflatable signs
15.25
An applicant for a temporary sign permit for an inflatable sign shall
satisfy the Director that the following criteria have been met:
(a)
(b)
the premises has a frontage of at least 15 m;
the inflatable sign is located:
(i)
(ii)
(iii)
(iv)
(v)
(c)
(d)
(e)
(f)
(g)
at least 3 m from any property line,
at least 3 m from any driveway entrance and exit,
at least 10 m from any other temporary sign on the
same premises or abutting premises,
at least 60 m measured in a straight line from a
residential premises, and
at least 9 m from a traffic control device;
the inflatable sign shall have a maximum height of 3 m
measured from grade and a maximum width of 3 m;
only 1 inflatable sign shall be permitted for each premises at
any 1 time;
the inflatable sign shall be affixed to the ground and properly
secured to the satisfaction of the Director;
the inflatable sign shall not be placed in such a way that it
extends above a roof line of a building or structure; and
the inflatable sign is for the businesses or uses currently on
the premises on which the sign is to be placed.
Real Estate Signs
15.26
One (1) real estate sign shall be permitted for each street line of the
premises on which the sign is erected.
15.27
No person shall place or cause to be placed or allow to remain placed
more than 1 real estate sign for each street line of the premises on
which the sign is erected.
15.28
The sign face of a real estate sign shall:
(a)
(b)
15.29
not exceed 1 m2 if erected on a premises zoned residential;
and
not exceed 6 m2 if erected on a premises zoned agricultural,
industrial, community facility or commercial.
No person shall place or cause to be placed or allow to remain placed a
real estate sign that does not comply with the provisions of Section
15.28.
15.30
No owner of a real estate sign shall allow the sign to remain on the
premises after 2 weeks of the premises being sold.
Election Signs
15.31
Every candidate in an election shall ensure that his or her election
sign:
(a)
(b)
is not placed more than 60 days immediately preceding the
election date; and
together with its appurtenances are removed within 15 days
following the election date.
Banner Signs
15.32
No person shall place a banner sign or cause a banner sign to be
placed:
(a)
(b)
(c)
(d)
(e)
for more than 30 days at any 1 municipal address or
premises to which a banner sign permit has been issued;
on any premises where a temporary sign has already been
installed or placed advertising the same business;
that is hung from any pole, tree, landscape feature or fixture
other than the exterior wall of a building on the subject
premises or business;
that exceeds an area of 4.5 m2; or
on any residential property.
Removal and Disposal of Signs
15.33
An owner or a permit holder shall immediately, upon the expiration of
the temporary sign permit, or upon his or her permit being revoked,
remove the temporary sign from the premises.
15.34
No person who is the individual named in the application as responsible
for the sign shall fail to remove a temporary sign from the premises
immediately following the expiration of the temporary sign permit.
15.35
No person shall fail to remove a temporary sign referred to in Sections
15.2 and 15.3 immediately following the expiration of the length of
time the sign is permitted to remain on the premises from the
premises.
SECTION 16 – ENFORCEMENT
Entry
16.1
The Director, the Director of the Municipal Law Enforcement Services
or an Officer may, at any reasonable time, enter upon any land and
into any building for the purpose of:
(a)
inspecting a sign;
(b)
determining whether the sign
maintained in compliance with:
(i)
(ii)
(iii)
(c)
has
been
erected
or
this by-law,
a condition of a permit issued under this by-law, or
an order made under this by-law; and
determining if a sign is unsafe.
Unsafe Sign
16.2
A sign is unsafe if:
(a)
(b)
(c)
it is structurally inadequate or faulty;
it is in a condition that could be hazardous to the health or
safety of any person; or
it is located so as to cause a hazard or obstruction.
Notice of Violation
16.3
Where a sign,
(a)
is not erected or maintained,
(i)
(ii)
(b)
in compliance with a provision of this by-law, or
in accordance with the conditions of a permit issued
under this by-law; or
is in an unsafe condition,
the Director, the Director of the Municipal Law Enforcement
Services or an Officer may make a Notice of Violation, requiring the
contravener to remove the sign or correct the violation and bring
the sign into conformity in the manner and within the time specified
in the Notice.
16.4
The Notice of Violation referred to in Sections 16.3 shall be served on
the owner or persons whom the Director, the Director of the Municipal
Law Enforcement Services or an Officer believes is contravening this
by-law.
Contents of Notice To Violation
16.5
The Notice of Violation referred to in Sections 16.3 and 16.4 shall:
(a)
set out the contravention or unsafe condition;
(b)
identify the required corrective action;
(c)
provide a deadline for compliance or state that the Notice of
Violation is to be complied with immediately; and
(d)
include a statement that if the requirements of the Notice of
Violation have not been complied with within the time
specified, the Director or the Director of the Municipal Law
Enforcement Services, their contractor or other agent may
enter the property and pull down or remove the sign and in
so far as possible restore the site to its original condition at
the expense of the owner without any further notice.
Non-Compliance with Notice of Violation
16.6
In addition to any other enforcement action, where a Notice of
Violation under Section 16.5 is not complied with within the time
specified in the Notice, the Director or the Director of the Municipal
Law Enforcement Services may have the sign removed and the site
restored as reasonably as possible to its original condition and, for this
purpose, the Director or the Director of the Municipal Law Enforcement
Services, their contractor or other agent may at any time enter upon
the land containing the sign in respect of which the Notice was made.
16.7
After making a Notice of Violation under Sections 16.3 and 16.4, and
where the sign is in an unsafe condition, the Director or the Director of
the Municipal Law Enforcement Services may, either before or after the
Notice is served, have the sign removed and in so doing may take any
intermediate measures as are considered necessary to terminate any
immediate danger and, for this purpose, the Director or Director of the
Municipal Law Enforcement Services, their contractor or other agent
may at any time enter upon the land containing the sign in respect of
which the Notice was made.
Service of Notice of Violation
16.8
The Notice of Violation referred to in Section 16.3 and 16.4 may be
given:
(a)
(b)
by personal service upon the party being served;
by prepaid registered mail sent to the address of the party
being served as shown on the records of the Director or the
Director of the Municipal Law Enforcement Services; or
(c)
by prominently posting up a copy of the notice either;
(i) on the sign in respect of which the notice is given, or
(ii) on the land upon that sign is located.
16.9
Where the notice is given in accordance with subsection 16.8(a), it is
deemed to have been received by the party being served on the date
of service on the party being served.
16.10
Where the notice is given in accordance with subsection 16.8(b), it is
deemed to have been received by the party being served on the fifth
(5th) day after the document is mailed.
16.11
Where the notice is given in accordance with subsection 16.8(c), it is
deemed to have been received by the party being served upon posting
up of the notice.
Sign May Be Removed From City-Owned Property
16.12
Where a permanent or temporary sign is placed on City-owned
property contrary to any provisions of this by-law, the Director or the
Director of the Municipal Law Enforcement Services may pull down or
remove the sign or cause the sign to be pulled down or removed at the
expense of the owner.
Sign to be Stored
16.13
A permanent or temporary sign that is removed pursuant to this bylaw shall be stored by the City for at least thirty (30) days, during
which time the owner or agent may claim and retrieve the sign upon
payment to the City of the impound and storage fees in accordance
with Table 2 - Fees and Charges in Section 7.1.
Sign May Be Destroyed
16.14
If the permanent or temporary sign that is removed pursuant to this
by-law is not claimed and retrieved by the owner or agent within thirty
(30) days of its removal:
(a)
the City is authorized to destroy or otherwise dispose of the
sign; and
(b)
the Director or the Director of the Municipal Law Enforcement
Services is authorized to destroy or otherwise dispose of any
sign,
without any notice or compensation to the owner thereof.
Costs to be recovered
16.15
The cost incurred by the City in removing a sign, restoring a site or
destroying a stored sign under Sections 5.43, 16.3, 16.4, 16.6, 16.7 or
16.14, including an administrative fee of ten (10) per cent and the cost
of any intermediate measures taken to terminate an immediate
danger, is a debt due to the City and may be recovered in any court of
competent jurisdiction.
16.16
Despite Section 16.15, the costs incurred by the City under Sections
5.43, 16.3 or 16.4 may be recovered by adding the costs and an
additional administrative fee of ten (10) per cent to the tax roll and
collecting them in the same manner as taxes.
Liability
16.17
The owner of a permanent or temporary sign and any person erecting,
causing to be erected, or maintaining any permanent or temporary
sign or sign structure shall be liable and responsible for such sign or
sign structure.
Immunity and Indemnity
16.18
The City shall not be liable for any damage to or loss of a permanent
or temporary sign that was erected in contravention of the provisions
of this by-law and removed by the City the Director or the Director of
the Municipal Law Enforcement Services.
16.19
The City shall not be liable for any loss of revenue resulting from the
removal of a sign pursuant to the provisions of this by-law.
16.20
The City is hereby indemnified and saved harmless from and against
any and all claims, demands, causes of action, loss, costs, damages,
expenses or otherwise arising from the erection, maintenance, removal
or falling of such sign, sign structure or part thereof.
SECTION 17 – GENERAL
Offences
General Offence
17.1
Every person who contravenes any of the provisions of this by-law is
guilty of an offence.
False or Incorrect Information
17.2
No person shall knowingly furnish false or incorrect information for the
purposes of obtaining a permit.
Condition of Granting a Permit
17.3
No person shall contravene a term, provision or restriction in a permit
that was imposed by Council as a condition of issuing the permit.
Obstruct, Hinder or Interfere With an Officer
17.4
No person shall obstruct, hinder or otherwise interfere with an Officer
in the performance of his or her duties under this by-law.
Production of Permit
17.5
No permit holder shall fail to produce his or her permit for inspection
upon the request of the Director of the Municipal Law Enforcement
Services or an Officer.
Exemptions
17.6
The provisions of this by-law do not apply to signs erected by federal,
provincial or municipal government.
17.7
The provisions of this by-law do not apply to the Corporation of the
City of Clarence-Rockland notification signs that are supplied and
installed by or for any department of the City and that are commonly
referred to as on site signs.
Failing to Comply With Notice
17.8
No person shall fail to comply with a Notice of Violation made pursuant
to Sections 16.3 and 16.4 and served pursuant to Section 16.8.
Fines
17.9
Every person who is convicted of an offence under this by-law is liable
to a fine as provided for in the Province Offences Act, R.S.O. 1990,
Chap. P.33, as amended.
Prohibition Order
17.10
When a person has been convicted of an offence under this by-law:
(a)
(b)
the Ontario Court of Justice; or
any court of competent jurisdiction thereafter,
may, in addition to any other penalty imposed on the person convicted,
make an order prohibiting the continuation or repetition of the offence
by the person convicted.
Repeal
17.11
The following by-law is repealed:
(a)
By-law No. 2005-12 of the Corporation of the City of
Clarence-Rockland entitled "Bill Posting By-law", as
amended.
ENATED AND PASSED IN OPEN COUNCIL, THIS 12TH DAY OF MARCH,
2012.
(Original signed by)
Marcel Guibord, Mayor
(Original signed by)
Diane Cyr, Deputy Clerk

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