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HomeMy WebLinkAbout03 136 sign erection THE CORPORATION OF THE MUNICIPALITY OF KINC INE <or he BY-LAW No. 2003 -136 BEING A BY-LAW TO REGULATE OR PROHIBIT S GNS WITHIN THE MUNICIPALITY OF KINCARDIN e WHEREAS Section 11 (2) of the Municipal Act, 2001, .5.0 2001 c.25, as amended, provides authority to a lower-tier municipality t pass by-laws respecting matters within the sphere of jurisdiction of structures, including fences and signs, ~ AND WHEREAS the Council for the Corporation of the Municip lity of Kincardine deems it advisable to pass a by-law to prohibit and regulate signs and other advertising devices within the municipality; i NOW THEREFORE the Council for the Municipality of Kincai· ine ENACTS as follows: 1.0 DEFINITIONS I I I The following terms shall, for the purpose of this ~y-Iaw, have the meanings stated below: I 1.1 "Abandoned Sign" is any sign which no longer cþrrectly directs or exhorts any person, advertises a bona fide busine~s, lessor, owner, product or activity conducted or product availablel on the premises where such a sign is displayed. ! . 1.2 "Accessory Sign" means any sign identifying or advertising a business, person, activity, goods, products or se ices located on the premises where the sign is installed and maint ined. 1.3 "Animated Sign" means any sign that includes action or motion within the sign area. For purposes of this by-law he term does not refer to flashing, rotating or automatic changing si ns. 1.4 "Area" , i When used in connection with a fascia si n or single faced sign, means the area of the copy surface. (i) (Ii) When used in connection with a sign ha ing a number of display surfaces, means one-half of th ·area of all the display surfaces. (Iii) When used in connection with a free sta ding letters(s) or figure means the area of the smallest re angle which will enclose the letter(s) or figure. e 1.5 "Billboard" means any sign constructed of st I or other suitable material having a maximum display area of 7. metres wide (25 feet) by 3.7 metres high (12 feet). Printed post rs are temporarily posted or painted directly on the face of the sign. ¡ Page 2 By-law No. 2003 - 136 e 1.6 "Copy" (Permanent and Temporary) means the w¢>rding on a sign surface either in permanent or removable letter fomil. 1.7 "Copy Area" means the area of the smallest ~ingle geometric figure which describes the area enclosed by the actual copy of a sign. For fascia signs, the copy area limits refer to the message, not to the illuminated background. 1.8 "Council" means the Municipal Council for th~ Municipality of Kincardine. 1.9 "Chief Building OffIcial" means the Chief ßuilding Official (C.B.O.) of the Municipality of Kincardine. . 1.10 "Directory Signs" are used to guide pedestrians to individual businesses within a multiple-tenant commercial building. e "Erected" means attached, altered, built, reconstructed, enlarged or moved, but does nþt changes on any sign. 1.12 "Fascia Sign" (or Wall Sign) means a sign attac~ed to or erected against a wall of a building, with the face horizonUjlly parallel to the building wall, not extending above the top of the!wall nor beyond the ends of the wall to which it is attached. constructed, include copy 1.11 e 1.13 "Flashing Sign" means any sign which contains Fin intermittent or flashing source, or which includes the illusion <þf intermittent or flashing light by means of animation, or an extemally mounted intermittent light source. 1.14 "Grade" means average elevation of the ground directly beneath a sign. j 1.15 "Ground Sign" means any sign directly support~d by the ground, without the aid of any other building or structure, other than the sign structure. 1.16 "Height of Sign" means the vertical distance m¢asured from the adjacent street grade or upper surface of the n~arest street curb other than an elevated roadway, which permits t~e greatest height to the highest point of said sign. e 1.17 "Illuminated Sign" means any sign designed tq provide artificial light either through exposed lighting on the sig~ face or through transparent or translucent material from a light ~ource within the sign. 1.18 "Maintain" means to permit a sign structure to qontinue or, where required, to repair or refurbish a sign or sign stru~ure. 1.19 "Mobile Sign" means a sign mounted on a traile~ or other structure which is designated in such a manner to facili4lte its movement from place to place. . Page 3 By-law No. 2003 - 136 e 1.20 "Nameplate" means an identification sign indi4ating name of owners/farm name and address but shall not includ$ advertising the selling of any product. 1.21 "Non-Accessory Sign" means any sign identifying or advertising or directing attention to a business, profession, pe~on, commodity, service or entertainment which is conducted, ¡¡old or offered elsewhere than at the lot upon which the sign js installed and maintained. 1.22 "Non-Conforming Sign (Legal)" means any adv,rtising structure or sign which was lawfully erected and maintain~d prior to such time as it came within the enactment of this bYrlaw, or a non- conforming sign for which a special permit has beerjl issued. 1.23 "Parapet or Parapet Wall" means that portion 0' a building wall that rises above the roof level. e 1.24 "Pylon or Standard Sign" means a ground I sign having a minimum distance of 2.4 metres (7.9 feet) from the !underside of the sign to grade. ' 1.25 "Projecting Sign" means a sign (swinging or Qtherwise), other than a wall (fascia) sign, attached to and proj~cting from the building face. 1.26 "Roof Sign" means any sign erected upon, a~ainst or directly above a roof, said sign shall not extend beyond th~ perimeter of the roof. 1.27 "Rotating Sign" means any sign or portion of a sign which moves in a revolving or similar manner, but does not in¢lude multi-prism indexing sign face. ' , , 1.28 "Sign" means any identification, description, illustration, or device e illuminated or non-illuminated visible from any, public place or located on private property and exposed to the pu~lic which directs attention to a product, service, place, activity, p,rson, institution, business or solicitation, including any perman\ntlY installed or situated merchandise; or any emblem, painting, anner, pennant, placard or temporary sign designed to advertise, i~entify or convey information, with the exception of window displ~ys and flags or emblems of patriotic, civic, educational, religious prganizations, or private clubs. Signs shall also include all sign stru~tures. 1.29 "Shopping Mall" means a group of commerci~1 establishments planned and developed as a unit. 1.30 "Sign Structure" means any structure WhiC~ supports, has supported or is capable of supporting a sign inc uding decorative cover. 1.31 "Voting Place" means the area designated by ¡the Clerk of the e Municipality in which the facilities for the condu~ of the vote are located. The area designated may include the w ole property, up to and including the curb, in order to provide cutbside access for disabled voters. e e e e Page 4 By-law No. 2003 - 136 1.32 "Temporary Sign" means a sign which is not permanently affixed and includes all devices such as banners, penn/ints, flags (not intended to include flags of any nations), sidewalk or curb signs and balloons or other air or gas filled figures. This sþction does not pertain to mobile signs as defined in sub-section 1.119. 1.33 "Zone" means an area established in the ¡ Municipality of Kincardine's Comprehensive Zoning By-law as am~nded. 2.0 GENERAL 2.1 This by-law shall be administered by the Chief !ßuilding Official, Building Inspector or the Clerk of the Municipality of Kincardine. 2.2 No person or persons shall display, cause to, be erected, or structurally alter any sign within the Municipali~ of Kincardine without first obtaining a sign permit. 2.3 Every person who requires a sign permit for a sig~ shall file in the Chief Building Official's office a written applicati~n on Form S-1 attached to this by-law as Schedule "A" together with a building permit application. The application shall be signed by the owner or au~horized agent of the owner and by the occupant of the land or premi$es thereof. The application shall be accompanied by a site plan showing the location of the sign and a drawing of the sign. S~ch site plan and drawing shall be to the specifications required by tne Chief Building Official. . 2.4 2.5 2.6 If the sign conforms in all respects with the provisi<þns of this by-law and the Ontario Building Code, the Chief Build,ng Official shall issue a permit. However, no sign shall be permi~ed on a building which does not comply with the Property Standa~ds By-law of the Municipality of Kincardine. . 2.7 The Chief Building Official may, in writing, susp~nd or revoke a permit issued under the provisions of this secti~n whenever the permit is issued on the basis of a mis-statement of Ifact, or fraud. 2.8 No permit for a sign issued hereunder shall I be deemed to constitute permission or authorization to maintain I an unlawful sign nor shall any permit issued hereunder constitute I a defense in an action to abate an unlawful sign. ' 2.9 If the sign does not conform in all respects with the particulars fumished in the application and supporting mate~als and with this by-law and the Ontario Building Code, the CBO may require such alterations or additions to be made to the sign or ~s attachments or both, as will bring the sign into conformity with tMe permit and this by-law and the Ontario Building Code, and irl default of such altemations and additions being made forthwith, t~e CBO may have Page 5 By-law No. 2003 -136 e the sign and its attachments tom down and J"E'jmoval may be recovered by action as a debt or may be collect~d in the same manner and with the same penalties as municip¡jll taxes on real property. 2.10 The Chief Building Official may revoke any sign pe~it if erection is not commenced within one year of the issuance of the sign permit. e 2.11 The fee for a sign permit in the Municipality of Kil1cardine shall be established by the Municipality's Fee By-law and $hall accompany the application. 2.12 No person shall locate a sign illuminated with red <þr amber lighting from within or without in such a fashion as to dimi~ish or detract in any way from the effectiveness of any traffic signall or similar safety or waming device and which falls within the vision of motorists in such a manner as to create a traffic hazard. . 2.13 No person shall place spot lights or flood lights u~d to illuminate a sign, bUilding or premises, including a parking ¡area, unless so arranged as to deflect light away from adjacent p$mises or street, in order to prevent any glare or blinding effect ~pon any lane or moving traffic or residential building. No person shall erect a sign on public prop~rty without the permission of the Council. Signs may only be ~ttached to utility poles and trees by the use of staples or tape. ! Posters may be attached to public property up to three months þrior to an event being advertised. Any such posters must be rembved within three days following the event. 2.14 e 2.15 Nothing herein prevents the posting of any electior proclamation or notice under any Election Act or any voter list und r a statute in that behalf nor the display of election signs on rivat ro during any election campaign. Any such sign shall b removed within three days following the date of the election. 2.16 Nothing herein prevents the posting of any r)otice under any Planning Act on public or private property. Any sYch notice shall be removed within a period either specified by such! statute, or within three days of the relevant date such notice is advi$ing. 2.17 No person shall place illuminated signs of the animated, flashing or revolving types in any zones except Commercial ¡and Industrial. In these zones the signs cannot be on rear or side¡ of buildings or in yards abutting a Residential Zone. 2.18 No person shall erect any sign within the sight tri~ngle as defined in the Municipalities Comprehensive Zoning By-law., e 2.19 No person shall erect temporary signs at the site] of a development unless they indicate the name of a construction II>roject, the names and the addresses of contractors, architects, engi~eers and related personnel to the construction project, and in ~me location only, unless the project is on a comer of two interseqting public streets when two signs may be permitted, one per fron~ge, with said sign or signs, each not exceeding 9 square metres (913.9 square feet) in area and being subject to all other regulations ¢>f this by-law. All Page 6 By-law No. 2003 - 136 e signs shall be removed within 30 days of completion of construction. e A maximum of two building identification placards ~ade of metal or other weatherproof material that are commonly plaqad on the faces of buildings will be permitted without a sign permit las long as they are no greater in area than 0.30 square metres (~.2 square feet). Such placards shall be permitted in excess of ar'1Y other allowed signs as stated in this by-law for any specific zone. 2.21 No person shall park any vehicle or trailer on public or private property so as to be visible from a public right-of+way, which has attached thereto or located thereon any sign or ~dvertisement of products or directing people to a business or activiw located on the same or nearby property or any other premises. Tl1is section is not intended to prohibit any form of vehicular signag~ such as a sign attached to a bus or lettered on a motor vehicle. ' 2.22 No person shall erect an accessory sign for a busihess adjacent to a public parking lot or to a parking lot for that *usiness, except under the same regulations goveming a similar sign that would be permitted to front on a street or public lane. ' 2.20 2.23 No person shall erect any projecting signs in thø Municipality of Kincardine, except in Commercial zones on streets running in an east-west direction south of Broadway and north of Wellington Streets. e 2.24 No person shall erect any sign upon or attached tþ any building or other approved support unless such building is &ble to carry that additional dead and wind load due to the erection! of such signs or without exceeding the stresses permitted onl the respective materials by the Ontario Building Code. . 2.25 No person shall erect non-Accessory signs witho~t the approval of Council, with the exception of private yard and gar~ge sales. ,I 2.26 All references to zones, land uses, yards, setbaqks and coverage requirements relate to the Comprehensive zoni~g By-law of the Municipality of Kincardine, as amended. e 2.27 Except as otherwise provided in this by-law, any accessory sign located on property which becomes vacant and ¡unoccupied for a period of one year or more, or any sign which pþrtains to a time, event, or purpose which no longer applies, shall b$ deemed to have been abandoned. Accessory signs applicabl~ to a business temporarily suspended because of a change, in ownership or management of such business shall not be deømed abandoned unless the property remains vacant for a perio~ of one year or more. No owner shall allow an abandoned sign tel> remain on his or her property and such sign shall be removed bYI the owner of the sign or owner of the premises, within 10 days ~fter the certified mailing of notice by the Chief Building Official. 2.28 i All signs or other advertising devices that were l/lwfully erected or displayed on the day this by-law comes into for$e but that do not comply with this by-law shall be considered leg~1 non-conforming signs. Such. non-conforming sign which is da~aged to such an e e e e 3.0 Page 7 By-law No. 2003 - 136 extent that its supporting members are broken shah be deemed to have been destroyed and shall not be reconstruct,d unless within conformity with this by-law. 2.29 Every sign shall be maintained in a safe, presei1table and good structural condition at all times, including the ¡replacement of defective parts, painting, repainting, cleaning ~md other acts required for the maintenance of said sign. No petson shall fail to maintain a sign and any conforming sign which does not comply with adequate safety standards shall be made to comply. Notwithstanding anything contained in this by-law,lthe Municipality of Kincardine, the County of Bruce, and any D~partment of the Dominion or Provincial Govemment, may, for the purposes of public service, erect any sign of any design or size ¡in any zone with Municipal limits. 2.31 Exemptions to this by-law will be allowed only uRon resolution of Council. ' 2.30 SIGNS IN RESIDENTIAL AND INSTITUTIONAL ZONES I 3.1 No person shall erect signs or name plates within any Residential and Institutional Zones, except as follows: For each single family home, semi-detache4J, duplex, triplex, quadraplex, converted dwelling, board and) rooming house, one nameplate not exceeding a combined area of 0.3 square metres (3.2 square feet) for each oc¢upancy. Said nameplate shall not be subject to the permit requirements of this by-law, and includes nameplates situ~ed or projecting into the required building set-back area. . (Ii) In regard to a home occupation in a resi~ential zone, one sign no larger than 0.4 square metres (~.3 square feet) attached to the dwelling or situated or p~jecting into the required building set-back area shall be pþrmitted to show the name and callings of residents cQncemed. Said nameplate shall not be subject to the perm~ requirements of this by-law. (i) Signs shall be permitted for condominium, apartment and townhouse developments by resolution of Qouncil. For non-residential uses (school, instit~tional, religious, charitable, and fratemal establishments), bne identification sign and one bulletin board shall be p~rmitted for each developed parcel. The bulletin board shal not to exceed 2 square metres (21.5 square feet) in copy area and 2.4 metres (8 feet) in height. 3.2 No person shall erect more than one (1) tempoFcjry ground sign at each entrance to a subdivision which may state) the name of the subdivision, and show the street pattern and z~ning thereof, not exceeding 12 square metres (129.2 square feet) in area. Such signs shall be removed thirty (30) months after it~ erection or when the subdivision is eighty (80) per cent sold, which~ver occurs first. (Iii) (iv) e e e e Page 8 By-law No. 2003 - 136 3.3 No person shall place window signs in a residen~ial zone except which identify or convey information such as "Blqck Parent", "No flyers" signs, etc. . 3.4 No person shall place any commercial use as set out resolution of Council. sign for a legal I non-conforming in the Zoning BYHaw except by I 4.0 SIGNS IN COMMERCIAL ZONES , No person shall erect a sign in a commercial zone except þs follows: For each 15 metres (49.2 feet) of continuous frontag~ or part thereof facing a public street, a public lane or public parking Icjt, one sign only (other than fascia signs) may be erected or displayed fpr each place of business unless otherwise specified. No person shall di~play or cause to be erected any other sign in a Commercial Zone, except t~e following: 4.1 FASCIA SIGNS Fascia signs may only be erected or displayed on tþat portion of an exterior wall which is adjacent to that business and o~ly when the wall faces a street, public lane, public parking lot or a pnvate parking lot which is an accessory to that building. . (i) The bottom of a fascia sign shall not b~ closer than 2.4 metres (7.9 feet) to the level of the sidewal~. , I (ii) No fascia sign shall project further from tha main wall of the building than 30.5 centimeters (12 inches). ; (iii) No fascia sign shall extend above the top of the wall of a building, nor extend beyond the ends of th~ wall to which it is attached. ! 4.2 GROUND USE I ! (i) No ground sign shall be closer than 1 met~e (3.3 feet) to the property line. (Ii) No ground sign shall have a height great~r than 1.5 metres (4.9 feet). , (iii) Ground signs may be illuminated from wit~in or by spot light, subject to Section 2.12. (iv) No ground sign shall be erected or ma,ntained that may obstruct the view of any pedestrian or I:Jriver of a motor vehicle; or that may interfere with vehic~lar movement to such a degree as to create a danger to ant person. 4.3 PROJECTING SIGNS (i) Projecting signs shall only be permitted subject to the provisions of Section 2.23. e (ii) (Iii) (iv) (v) Page 9 By-law No. 2003 - 136 Projecting signs may only be erected or di~played on that portion of an exterior wall which is adjacent tb that business, and only when the wall faces a street, public lane, public parking lot or a private parking lot which is /in accessory to that building. . The bottom of a projecting sign shall not b~ closer than 2.4 metres (7.9 feet) to the level of the sidewalk.! No projecting sign shall project further than 11 metre (3.3 feet) from the building face and in no instance ~nto the traveled portion of the highway in front of the buildingf The sign attached to the projecting st~cture shall not exceed 1 square metre (10.8 square feet). ! (vi) No projecting sign shall extend above th~ top of the first storey of any building. . (vii) Projecting signs shall be constructed a~ secured in a manner consistent with safe building practices or as regulated under the Ontario Building Code. : e 4.4 PYLON OR STANDARD SIGNS (i) (ii) e (iii) (iv) (v) e Every pylon sign shall be free standing andl must not exceed 12 metres (39.4 feet) in height nor 26 squ*e metres (279.9 square feet) in area. ! No pylon sign shall be erected on any premises having less than 15 metres (49.2 feet) frontage on a þublic street or a lane and no portion of the sign shall be clqser than 1 metre (3.3 feet) to the property line. . No pylon sign shall be erected within 10 mEltres (32.8 feet) of another pylon sign. A pylon sign shall have a minimum cleé1r distance of 2.4 metres (7.9 feet) from grade to underside 0' sign. In parking lots, one accessory sign with a Imaximum area of 1 square metre may be erected at each pqint of entry or exit on a pole or pylon provided no portion of ~aid sign is closer than 45 centimeters (17.7 inches) to, the street line. Direction signs may also be erected within the parking lot to facilitate the operation of the lot and the I movement of the vehicles. No pylon or standard sign shalll be erected within 60 centimeters (23.6 inches) of the vehicul~r traveled portion or private lane or roadway or of a motor vE/hicle parking area unless the minimum vertical distance betw~en grade and the bottom of the sign is at least 4.3 metres (1..1 feet). 4.5 ROOF SIGNS ! , With the exception of shopping malls, one roof $ign not exceeding 14 square metres (150.7 square feet) may be erEjcted on the roof of Page 10 By-law No. 2003 - 136 e any commercial building on a lot having a street fro$ige of not less than 15 metres (49.2 feet) provided that: With the exception of shopping malls, one roof sig~ not exceeding 14 square metres (150.7 square feet) may be erecte/d on the roof of any commercial building on a lot having a street fro~tage of not less than 14 metres (49.3 feet) provided that: (i) The maximum height of any roof sign shall n~t exceed size 6 metres (19.7 feet) above the highest point oOhe roof which it is erected; ! (ii) All roof signs must be set back a distance ofiat least 1 metre (3.3 feet) from all outside walls of the buil~ing on or over which they are located. It is the intention of !this provision to provide a clear passageway around the sign.! i (Iii) Every roof sign shall be constructed entirely ~f metal or other approved incombustible material save fo~ moldings and cappings. . e (iv) Roof signs shall not extend more than ~eventy-five (75) percent of the width of the building. 4.6 WINDOW SIGNS (i) Window signs shall not occupy more than! twenty-five (25) percent of the glass surface of a door. .. (ii) The provisions of this Subsection 4.6 shall not restrict the reasonable application upon the glass surf~ce of a door or window; i.e. lettering, decals, the address, hþurs of business, entrance or exit information, professio~al or security affiliations; of memberships, credit ca~s which are accepted, or other similar information exceþt as qualified in 4.6 (i) above. ¡ Window signs for special sales do not j need a permit. However, these signs should be removed ,mmediately after the sale is over. ; e (Iii) 4.7 SIGNS IN SHOPPING MALLS e (i) One accessory fascia sign only for eac~ exterior wall a business may have shall be permitted in al shopping centre. The fascia sign may be attached to either a! wall or extending canopy. (ii) Directional signs may also be erected in the parking lot to facilitate the operation of the lot and the movement of the vehicles. No standard or pyton sign shall !be erected within 60 centimetres (23.6 inches) of the v~hicular travelled portion or private lane or roadway or o~ a motor vehicle parking area unless the minimum verticaljdistance between grade and the bottom of the sign is at least 4.3 metres (14.1 feet). e e e e Page 11 By-law No. 2003 - 136 , , (Iii) Where a shopping centre consists of more t~an one storey, one accessory fascia sign may be permitte~ for each place of business and for each frontage on the se40nd floor and it shall be attached and be parallel to the w~1I and shall not project more than 30.5 centimetres (12 inche~) from the face of the said main wall. . 4.8 FREE-5TANDING AND MOBILE SIGNS The erection of free-standing sandWiCh-bOí'rd signs in the commercial C1 zone shall be restricted to 76 centimeter (30 inch) encroachment onto the sidewal in front of the building. These signs will only be permitte from April 1 to October 31 and shall be restricted to a heiSht of 1.2 metres (4 feet). (ii) No person shall place a free standing or m~bile sign except that only one free standing or mobile sign sþall be permitted for a two (2) week period once in each six (6) month period for any given property in the Municipality. . (i) 5.0 ACCESSORY SIGNS IN SERVICE STATIONS ANp CAR WASH AREAS No person shall display nor cause to be erected any ac¢essory sign in a service station or car wash area except the following: 5.1 One additional accessory sign may be displayed C >r erected stating the hours of business, mechanic on duty, or pri¢e of gasoline or other pertinent information, provided that: (i) If the sign is attached to the bottom of an e*isting pylon sign, no portion shall be closer than 2.4 meters (7.9 feet) to grade, nor closer than 45 centimetres (17.7 inche~) to any property line. The combined area of both signs qn the supporting structure shall not exceed 26 square met~s (279.9 square feet). ' (ii) If the sign is a ground sign but not a pylo~ sign, it shall not exceed 1.7 metres (5.6 feet) in the heigh. and shall not be closer than 1 metre (3.3 feet) to any propertY line. 5.2 , I Other additional accessory signs may be display~d indicating exits, entrances information relative to service bays, ga$ pumps protected by an overhead canopy, lubrication bays, etc. provided that: (i) Such a sign does not exceed 1.4 squlare metres (15.1 square feet) in area; and I (ii) Such a sign shall not exceed 60 centimetr~s (23.6 inches) in height and 3 metres (9.8 feet) in width but ,n no case shall its width exceed the width of the door or op~ning over which it is mounted. ' e Page 12 By-law No. 2003 - 136 6.0 SIGNS IN INDUSTRIAL ZONES No person shall erect or cause to be erected any sign in an Industrial Zone except as follows: 6.1 FASCIA SIGNS Fascia signs may only be erected or displayed on t~at portion of an exterior wall adjacent to the business and only wh~n the wall faces a street, public lane, public parking lot or a private ~arking lot which is an accessory to the building. (i) e (ii) (Iii) , The bottom of a fascia sign shall not be I closer than 2.4 metres (7.9 feet) to the level of the sidewal~. No fascia sign shall project further from thel main wall of the building than 30.5 centimeters (12 inches). , No fascia sign shall extend above the top] of the wall of a building, nor extend beyond the ends of the r,vall to which it is attached. . 6.2 GROUND SIGNS One ground sign for each 15 metres (49.2 fe$t) of continuous frontage or part thereof facing a public street or puþlic lane or pUblic parking lot will be permitted provided that. (i) (ii) e (Iii) (iv) ! No ground sign shall be closer to the streetlline than 1 metre (3.3 feet) to the property line. No ground sign shall have a height greater than 1.5 metres (4.9 feet). ! Ground signs may be illuminated from withIn or by spot light, subject to Section 2.12. · No ground sign shall be erected or ma1ntained that may obstruct the view of any pedestrian or ~river of a motor vehicle; or that may interfere with vehic~lar movement to such a degree as to create a danger to an}! person. 6.3 PYLON SIGNS I I One pylon sign per frontage may be erected or ~isplayed provided that: . (i) (ii) e (iii) ! , The pylon sign should not exceed 12 m¥es (39.4 feet) in height nor 26 square metres (279.9 squar~ feet) in area. , The pylon sign shall not be erected withih 10 metres (32.8 feet) of another pylon sign. , The pylon sign or any portion thereof shal~ not be closer than 1 metre (3.3 feet) to the street line. I , ! e (iv) Page 13 By-law No. 2003 - 136 The pylon sign shall have a minimum clea~ distance of 2.4 metres (7.9 feet) from grade to underside of $ign. 6.4 ROOF SIGN e One roof sign not exceeding 14 square metres (1~0.7 square feet) may be erected on the roof of any industrial buildinþ on a lot having a street frontage of not less than 15 metres (49.12 feet) provided that: (i) The maximum height of any roof sign sh*1I not exceed 6 metres (19.7 feet) above the highest point lof the roof upon which it is erected. (ii) All roof signs must be set back a distance of at least 1 metre (3.3 feet) from all the outside walls of the b~ilding on or over which they are located. It is the intention or this provision to provide a clear passageway around the S¡g1' Every roof sign shall be constructed entirelylof metal or other approved incombustible material save fo~ mouldings and cappings. (Iii) (iv) Roof signs shall not extend more than ~eventy-five (75) percent of the width of the building. 6.5 FREE STANDING AND MOBILE SIGNS e No person shall place a free standing or mobile, sign except that only one free standing or mobile sign shall be pe~itted for a thirty (30) day period once in each six (6) month periþd for any given property in the Municipality. This time limit shall be waived if an application has been submitted for a permanent sirn. ! 7.0 SIGNS IN AGRICULTURAL ZONES . No person shall erect or cause to be erecte~ any sign in an Agricultural Zone except as follows: (i) For each farm one nameplate can bel constructed not exceeding a combined area of 1.7 square ~' etres (18 square feet). Said nameplate shall not be subj ct to the permit requirements of this by-law, and incl des nameplates situated or projecting into the required buil . ing setback area. Names painted on bam walls/roofs shall bl ! exempt from the combined area. In regard to a agricultural home occupatio~' in an agricultural zone, one sign no larger than .56 square metres (6 square feet) attached to the dwelling/accessory st cture or situated or projecting into the required building setlþack area shall be permitted to show name and callings of re~idents concerned. Said nameplate shall not be sUbject to the permit requirements of this by-law. i (ii) Page 14 By-law No. 2003 - 136 e 8.0 AGRICULTURAL, INDUSTRIAL & COMMERCIALJ No person shall erect or cause to be erected I any sign in an Agricultural, Industrial & Commercial zone except ¥ follows: Refer to Industrial Section 6.0. 9.0 MOBILE HOME PARK. TRAILER PARK. ¡COMMERCIAL CAMPGROUND OR OPEN SPACE No person shall erect or cause to be erected any i sign in a Mobile home park, trailer park, commercial campgroun~ or open space except as follows: One pylon or standard sign per frontage ma~ be erected or displayed provided that: , e (i) The pylon sign should not exceed 12 met,rs (39.4 feet) in height nor 26 square metres (279.9 square ~eet) in area. The pylon sign shall not be erected within 11 0 metres (32.8 feet) of another pylon sign. I (ii) (iii) The pylon sign or any portion thereof shall ~ot be closer than 1 metre (3.3 feet) to the street line. . (iv) The pylon sign shall have a minimum cle* distance of 2.3 metres (7.5 feet) from grade to underside o~ sign. e , (v) In the parks/campground areas, one acce$sory sign with a maximum area of 1 square metre may b~ erected at each point of entry or exit on a pole or pylon provided no portion of said sign is closer than 45 centimetres (11,7 inches) to the street line. Direction signs may also be ~rected within the parks to facilitate the operation of thel roads and the movement of vehicles. No standard or p~on sign shall be erected within 60 centimetres (23.6 inche~). of the vehicular traveled portion or private lane or roadw~y or of a motor vehicle parking area unless the minimum! vertical distance between grade and the bottom of the si~n is a least 4.3 metres (14.1 feet). 10.0 TEMPORARY SIGNS e No person shall erect temporary signs without a þermit except the following signs, not exceeding 0.4 square metresl (4.3 square feet) each, as long as they are in conformity with this bJr-law: For Sale For Rent For Lease No Trespassing Memorial Signs Waming Signs Directional Signs in Parking Areas Minor Construction Signs . Election Signs (no size restriction) Page 15 By-law No. 2003 - 136 .. 11.0 ELECTION SIGNS e 11.1 Election signs will be permitted on trees,! boulevards and public utility poles and shall be removed ~ithin three days following the election. 11.2 Signs may only be attached to utility poles! and trees by the use of staples or tape. . I I 11.3 Election signs shall not be posted within a~ area designated a Voting Place by the Clerk of the Muniçipality for either Election Day or for the holding of an AdvanGe Vote. 11.4 Election signs shall not be posted until all ~ominations have been certified by the Clerk of the Municipality. Nominations will be certified by the Clerk before 4 P'm' on the Monday following Nomination Day or, if the numb~r of nominations filed for an office and certified is less th~n the number of persons to be elected to the office, those additional nominations will be certified before 4 p.m. on the Thursday following Nomination Day. 12.0 ENVIRONMENTAL PROTECTED 12.2 No person shall erect or cause to be er~cted any sign in areas zoned as Environmental Protected L~nd. Any person contravening any provision o~ this by-law shall be guilty of an offence and shall be liable 4Pon conviction to a penalty not exceeding One Thousand ($' ,000.00) Dollars, exclusive of costs, under the Provincial Off~nces Act. 12.1 e ¡ If any section of this by-law is for any r,ason held to be invalid, the remaining sections shall rem~in in effect until repealed. ! 13.0 This by-law will supercede any by-law that is in cqnflict with this by- law. . 12.3 14.0 This by-law shall come into full force and eff,ct upon its final passing. . 15.0 This by-law may be cited as the "Municipality or Kincardine Sign (2003) By-law". ! Read a FIRST, SECOND and THIRD time and DEEMED TO BE PASSED this 17th day of September, 2003 ------ ~ - ---------- BY-LAW NO 2003-136 Schedule “A” SIGN ERECTION PERMIT ISSUED TO _________________________________ PHONE __________________ ADDRESS ___________________________________________________________ CONTRACTORS NAME ________________________ PHONE __________________ ADDRESS ___________________________________________________________ LOCATION ___________________________________________________________ MAIN USE OF BUILDING _______________________________________________ TYPE OF SIGN _____________________________________________________ AREA OF SIGN _____________________________________________________ COPY AREA __________________________________________________________ HEIGHT OF SIGN _______________________________________________________ DIMENSIONS HEIGHT __________ WIDTH _________ DEPTH _________ SET BACK ________________ BRIEF DESCRIPTION ___________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ I, the undersigned _________________________________ am the authorized agent or owner named in the above application and I certify the trust of all the statements or representations contained therein. Dated at Kincardine, Ontario This __________ day of _______________ 200 _______ Signature ________________________ Witness _________________________