CORPORATION OF THE NATION MUNICIPALITY BY-LAW NO. 22-2018
SIGNS
BEING a By-law for governing permanent signs, temporary signs and billboards installed on the territory of the Corporation of The Nation Municipality;
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 Nation Municipality deems it desirable to regulate the erection, display and maintenance of signs and other advertising devices within the limits of the Corporation of The Nation Municipality;
NOW THEREFORE the Council of the Corporation of The Nation Municipality 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 Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning
2.2 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.
2.3 This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.
2.4 Words in the singular include the plural and words in the plural include the singular.
2.5 The following abbreviations and symbols stand for the words respectively set forth opposite thereto as follows:
cm - centimeter
m - meter
m2 - square meter
% - per cent
2.6 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.
2.7 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 "A-frame sign" means a mobile self-supporting structure shaped like an "A" with one (1) or two (2) sign faces, placed on, in front of, or adjacent to the premises of the business or organization it promotes;
3.2 "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;
3.3 "alteration" means any change to the sign structure and the sign face but does not include a change in the message or maintenance;
3.4 "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;
3.5 "applicant" means the company or individual whose name is listed in the applicant information section of a sign permit application form or other person who submits an application for a sign permit, sign variance or encroachment permit on his own behalf;
3.6 "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;
3.7 "billboard sign" means a large, outdoor, off-premises advertising sign that is mounted on the ground;
3.8 "building code" means the Building Code Act, 1992, 5. 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;
3.9 "canopy sign" means a canopy or awning that is or functions as a sign;
3.10 "Municipal" means the municipal corporation of The Nation Municipality or the geographic area of the Corporation of The Nation Municipality, as the context requires;
3.11 "Municipal property" means any land or building owned by The Nation Municipality other than a street;
3.12 "contractor sign" means a sign that has the purpose of advertising a construction company (interlock, roofing, windows, ) or a property maintenance company (lawn maintenance, snow clearing, etc.) that is located on the property where renovations, construction and maintenance is being undertaken by the company advertised;
3.13 "Council" means the Council of the Corporation of The Nation Municipality;
3.14 "development sign" means a sign that includes information relating to a new subdivision,development or the construction of a building or structure where lots or units will be or are available for sale or lease;
3.15 "election sign" means a temporary sign advertising a candidate or political party in a municipal,school board, public utility company, provincial or federal election;
3.16 "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 Municipal property;
3.17 "farm sign" means a sign that is erected on a premises that is zoned agricultural or rural and 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;
3.18 "for sale/garage sale sign" means a sign that advertises or provides directions to the temporary sale of used or unwanted household goods or personal items in a residential garage or on a residential front yard;
3.19 ufree-standing" means placed on the ground and self-supporting without supports constructed and driven into the ground;
3.20 "gasoline pump island sign" means a sign that is located on or over a single gasoline pump island;
3.21 "ground sign" means a sign that is affixed to the ground by a self-supporting structure that includes a permanent foundation below grade or above grade;
3.22 "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;
3.23 "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;
3.24 "inflatable sign" means a non-rigid, gas or air filled bag or balloon designed or used as an advertising device;
3.25 "Manager" means the Manager of Municipal Law Enforcement or his authorized agent to review and approve sign permit
3.26 "message centre sign" means an 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;
3.27 "mobile sign" means a sign that is designed for the manual rearrangement of copy on the sign face and part of, or attached to, a readily relocatable wheeled trailer or frame without wheels, for use in another location;
3.28 "Officer" means a person appointed by the Council of the Corporation of The Nation Municipality to enforce the provisions of this by-law and shall include a By_ law Enforcement Officer or the Manager of the Municipal Law Enforcement Department;
3.29 "official sign" means a sign erected by a public body under the auspices or authority of a statute, by-law or regulation;
3.30 "owner" means the permit holder of a sign for which a permit has been issued or the person or company whose business is advertised or on whose property the sign is posted in the case of a sign for which no permit is issued;
3.31 "permanent sign" means a sign which is intended to remain in place for an extended period of time, exceeding 2 months, and which is securely attached either to a building face or window or attached to the ground, and may include a ground sign, wall sign, window sign, canopy or awning, projecting sign, development sign, billboard sign, or farm sign;
3.31 "permit holder" means the person or company whose name is listed on a sign permit or whose name is listed as the applicant on the application form for which the permit was issued;
3.33 "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;
3.34 "projectingsign" means a sign that projects on the perpendicular from the surface to which it is attached;
3.35 "real estate sign" means a sign advertising the sale, rent or lease of the premises on which it is located;
3.36 "registered non-profit organization" means a non-profit organization registered as such with the federal or provincial government and may include churches, public schools, public charities, public clinics and hospitals, political organizations, legal aid societies, volunteer services organizations, labour unions, professional associations,research institutes, museums, and some governmental agencies;
3.37 "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;
3.38 "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;
3.39 "sign face area" means the total area of all sign faces on one sign structure;
3.40 "sign height" means the vertical distance measured from the highest point of the sign to grade and includes any support structure;
3.41 "substantially altered" means the alteration of a sign structure or a change to the size of the sign, but does not include regular maintenance or the replacement of a sign face panel in an existing structure
3.42 "tear drop sign" means a free-standing temporary sign composed of a metal or plastic stand and a vertical banner in the shape of a tear drop that is attached to the stand along one side and along the top;
3.43 "temporary sign" means a sign which is intended to be in place for a period not exceeding 60 days and which is not permanently attached to a building or to the ground and may include a banner sign, an inflatable sign, a tear drop sign, a mobile sign, or other free standing sign;
3.44 "wall sign" means a permanent sign that is attached to the wall of a building and includes a canopy or awning which is or functions as a sign;
3.45 "window sign" means a permanent sign where a message is painted directly on or affixed as a sticker to the interior or exterior window of a building;
3.46 "zone" means any zone established in the Zoning by-law of the Corporation ofThe Nation Municipality and includes all special exceptions to the zones and "zoned" has a corresponding meaning;
3.47 "Zoning By-law" means the Zoning By-law of the Corporation of The Nation Municipality, as amended and includes any by-law enacted in substitution
SECTION 4 - ADMINISTRATION
Department Responsible
4.1 The Municipal Law Enforcement Department is responsible for the enforcement of this by-law.
Zoning
4.2 A property which benefits from a status as a legal non-conforming commercial use within any other zone shall be deemed to be within a commercial zone for the purposes of the application of the regulations of this by-law.
4.3 A residential building in a residential zone includes the dwelling located on any property in a rural or agricultural zone where the primary use of the lot is residential.
Lawfully Existing Signs
4.4 This 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.
Exemptions
4.5 The provisions of this by-law do not apply to signs erected by federal,provincial or municipal government.
4.6 The provisions of this by-law do not apply to the Corporation of The Nation Municipality notification signs that are supplied and installed by or for any department of the Municipality and that are commonly referred to as on site signs.
SECTION 5 - PERMITS
Sign Permits
5.1 No person shall erect a sign on private or public property within The Nation Municipality without first having obtained a permit for the sign.
5.2 Every applicant shall complete a sign permit application as set out in Annex A, submit all necessary plans and drawings and pay all applicable fees as set out in The Nation Municipality fee by-law.
5.3 Despite Section 2, before issuing a permit under this section, the Manager may require the applicant to submit such plans, specifications, documents or other information as the Manager 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 types of signs or signs in different zones or signs used for different purposes.
5.4 The Manager may issue the permit:
a) with a term imposed by this by-law, or
b) with a term or with restrictions imposed by Council or the Manager, as a condition of granting a variance to this by-law.
5.5 The Manager may approve variations of up to 10% of the height and sign face area regulations required in this by-law, without requiring an application for a variance, where a variance is warranted due to:
a) physical impediments or obstructions;
b) topography;
c) sign visibility;
d) public safety.
5.6 The plans, specifications, documents and other information submitted with an application under this by-law are the property of The Nation Municipality and, upon issuance of the permit, become public information.
Permit Revoked
5.7 The Manager shall revoke a permit issued under this by-law if:
a) the permit was issued in error;
b) the permit was issued on false, misleading, mistaken or incorrect information; or
c) the permit holder requests in writing that the permit be revoked.
5.8 The Manager shall notify the permit holder of the revocation of the permit under Subsections 7(a) or 5.7(b) and said notice may be given in the manner prescribed by Section 12.3
Encroachment Permits
5.9 No person shall erect a sign or any part of a sign on The Nation Municipality property or that projects over The Nation Municipality property or right-of-way of a Nation Municipality street without first having obtained an encroachment permit.
5.10 The Manager may include the encroachment permit as an endorsement on the sign permit and no additional permit is required for the sign encroachment.
5.11 The Manager may issue an encroachment permit subject to such terms, conditions and restrictions as he may determine to be necessary, or are set out by Council
5.12 Any part of an unpaid encroachment permit fee is a debt due to The Nation Municipality and may be recovered:
a) in any court of competent jurisdiction; or
b) by adding the cost to the tax roll and collecting the fee in the same manner as taxes.
Encroachment Permit Renewals
5.13 The holder of an encroachment permit shall pay an annual encroachment permit fee in the form of an encroachment permit renewal fee in order to be granted the right by The Nation Municipality to erect or maintain a sign on a Nation Municipality property or that projects over The Nation Municipality property or right-of-way of a Nation Municipality street.
SECTION 6 -VARIANCES
6.1 The Nation Municipality may authorize a variance from this By-law by approval of the Manager or by resolution of Council, upon submission of a variance application as set out in Annex B, if, in the opinion of The Nation Municipality, the general intent and purpose of the By-law are maintained.
6.2 An application under Section 6.1shall be deemed to be complete when it is:
a) submitted to the Manager; and
b) accompanied by:
i) a complete sign permit application,
ii) such plans, specifications, documents or other information as the Manager may require
iii) the full application fee as set out in The Nation Municipality fee by-law, and
iv) any supporting documentation that the applicant considers appropriate.
6.3 An application under Section 1may be refused if it is not deemed complete.
6.4 A permit is required for any sign that received approval through a variance.
6.5 Council is the approval authority for any variance to this by-law pertaining to:
a) billboard signs
b) sign types that are not defined in this by-law;
c) signs that vary from the setback or sign face area provisions of this by_ law by more than 400%; or
d) any other sign application that is deemed by the Manager to require public consultation and input from Council prior to approval.
6.6 Where Council or the Manager approves an application for a variance to permit a sign, the Manager shall issue a permit for that sign subject to any conditions imposed by him or by Council within 10 days of the date of the decision.
SECTION 7 - FEES, CHARGES AND REFUNDS
7.1 The Manager shall not process an application for a sign permit, encroachment permit, encroachment permit renewal,or variance until the applicable fees as set out in The Nation Municipality fees by-law have been received.
7.2 Section 7.1does not apply to a permit for a temporary sign where the applicant is a registered non-profit organization and where the purpose of the sign is to advertise an event or a program registration period.
Refunds
7.3 Where an applicant withdraws an application prior to the issuance of the permit, he or she may be entitled to a refund of a portion up to 50% of the permit fee as determined by the Manager.
7.4 Where a permit has been cancelled or revoked, as described under Section 7, no refund is payable.
SECTION 8 -GENERAL PROVISIONS
Prohibited Signs
No person shall erect any of the following signs:
a) a roof sign;
b) a sign that is affixed to a shed, tree, pole, hydro or telephone pole, municipal post, traffic light, lamp post, fence, another sign or any other structure or painted on a rock surface if that sign is visible from either a street or a private road;
c) a sign that imitates, resembles or could reasonably be mistaken for a traffic control signal or an official sign;
d) a sign that obstructs the flow of a ditch, drain, or water course;
e) a sign that could obstruct the view or the visibility of:
i) vehicular or pedestrian traffic using or entering a street or railway crossing,
ii) a traffic control signal,or
iii) an official sign;
f) a sign that interferes with vehicular or pedestrian movement to such a degree that it becomes or creates a nuisance or a hazard for any vehicle or person
g) a sign located within a visibility triangle, including:
i) a sign measuring more than 3 m2at 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,
ii) a 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, and
iii) a sign within 6 m of a traffic control signal;
h) a sign that is illuminated or animated or creates noise in such a way that it constitutes a hazardous distraction for vehicular or pedestrian traffic;
i) a sign structure that could, in any manner, endanger a person or property.
j) a sign that interferes with electrical light, power or telephone wires.
k) a sign that obstructs:
i) an entrance or exit to a building,
ii) an emergency exit,
iii) an emergency standpipe,
iv) a fire hydrant, or
v) any means of access by an emergency service to any part of a building.
8.2 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.
Maintenance of Signs
8.3 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.
8.4 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.
8.5 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.
8.6 Every owner of a permanent or temporary sign shall ensure that the materials and structures comply with all governing requirements of the Building Code, the electrical safety authority or any other code or legislation having jurisdiction over such matters.
8.7 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 is located.
Content
8.8 The message and content of any new permanent or temporary sign shall be written in both official languages of 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.
8.8.1 Unilingual schools and churches shall be exempt from conforming with section 8.8 of this by-law.
8.9 For the purpose of Section 8, a double-faced sign may have the message or content written in English on one side and French on the other side.
8.10 For the purpose of Section 8, two otherwise identical wall signs placed adjacent to one another may have the message or content written in English on one sign and French on the other sign.
8.11 For the purpose of Section 8, a billboard sign with a changing message may have the message content written in English or in French at any given time, however all messages must be available in both languages within the same day.
8.12 The message, logos, graphics displayed on any sign shall not promote violence, hatred and discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or contempt against any identifiable group.
8.13 The message, logos, graphics displayed on any sign shall not be disrespectful or contain profanity or obscenity.
8.14 The message, logos, graphics displayed on any sign shall not promote unlawful activity.
8.15 Signs depicting gruesome pictures such as skulls, skeletons and signs depicting pornographic scenes are prohibited.
Message Centre
8.16 A message centre sign may be incorporated as a portion of a ground sign or as a portion of a wall sign, provided that:
a) the area of the message centre portion of the sign face is no greater than twenty-five per cent (25%) of the permitted area of the sign.
Illumination
8.17 In a commercial, industrial,or community facilities zone, a sign for which a valid permit has been issued may be illuminated either internally or externally, unless it is within 30 m of a residential building in a residential zone and it is visible from a residential building in a residential zone.
8.18 Externally illuminated signs shall be designed such that the lighting is directed to shine down and away from abutting residential uses as well as streets or pathways.
8.19 A temporary sign may be illuminated through indirect lighting reflected off the sign message only.
SECTION 9 - PERMANENT SIGNS
9. 1 No person shall erect a permanent sign without first obtaining a permit and such signs shall be in compliance with the provisions of this section.
Home Based Business and Bed and Breakfast Signs
9.2 A sign for a bed and breakfast or home based business may be a wall sign, a window sign, a projecting sign, or a ground sign, provided it is:
a) no larger than 5 m2
b) in the case of a ground sign, no more than 1.5 m in height;
c) in the case of a wall sign, a window sign,or a projecting sign, located on the ground floor of the dwelling or accessory building in which the business is located;
d) the only sign on the property
9.3 A sign for a bed and breakfast or home based business shall not be a ground sign if located within the urban area or a community policy area.
Wall/Window/Projecting Signs
9.4 Wall signs, window signs, and projecting signs are permitted in the following zones: Residential, Commercial, Industrial, Core Area, Institutional, Rural, Agricultural.
9.5 No person shall erect a wall sign or a window sign unless it complies with the regulations set out in Table 9.1 as follows:
Commercial, Industrial and Core Area Zones - 15% of the wall area
Institutional, Rural and Agricultural Zones - 10% of the wall area
9.6 Any number of wall signs shall be permitted on a single building, provided the total sign face area of all signs does not exceed the permitted percentage of the wall area indicated in Table 9.1.
9.7 No person shall erect a projecting sign larger than 2 m2
9.8 A wall, window, or projecting sign must be located on the side of the building which faces the street or the parking area for the business or organization to which it relates and must be visible from the street
9.9 No person shall erect a wall, window, or projecting sign in a location other than on the first or second storey.
Ground Signs
9.10 Ground signs are permitted in the following zones: Residential, Commercial, Industrial,Institutional,Rural,Agricultural.
9.11 No person shall erect a ground sign unless it complies with the regulations set out in Table 2 as follows:
Table
Zone Height (maximum) Area (maximum)
Residential 1.5 m 1.5 m2
Commercial 8.5 m 16 m2
Industrial 8.5 m 16 m2
Institutional 2 m 3 m2
Rural 3 m 4 m2
Agricultural 3 m 4 m2
9.12 In a residential zone, the only ground signs permitted shall be those for home based businesses in conformity with the provisions of Section 2 and those for the identification of apartment buildings.
9.13 No more than one ground sign shall be permitted relating to the same business or organization on the same property.
9.14 A ground sign shall be located on the premises of the business or organization to which it rfelates.
9.15 No ground sign shall be erected within 25 m of another ground sign.
9.16 Every ground sign shall be:
a) at least 5 m from any property line; and
b) at least 0.5 m from a parking lot or other area usually travelled or used by motor vehicles.
Development Signs
9.17 Development Signs are permitted in the following zones: Residential,Commercial, Industrial, Rural.
9.18 No person shall erect a development sign unless it complies w"