Loading...
HomeMy WebLinkAboutKIN 88 048 Repealed by No 95 64 BY-LAW NO. 1988-48 KINCARDINE ~rP \~ \2,0 ~ '00 \)1-- b"\ \[\0\ THE CORPORATION OF THE TOWN OF . BEING A BY-LAW TO REGULATE SIGNS WHEREAS Section 210, paragraph 141 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended, authorizes the councils of all municipalities to pass by-laws for prohibiting or regulating signs and other advertising devices or any class or classes thereof and the posting of notices on buildings or vacant lots within any defined area or areas or on land abutting on any defined highway or part of a highway; AND WHEREAS Section 210, paragraph 142 of the said Municipal Act authorizes the councils of local municipalities to specify a time period during which signs or other advertising devices in a defined class may stand or be displayed in the municipality and may require the removal of such signs or other advertising devices which continue to stand or be displayed after such time period has expired; AND WHEREAS section 210, paragraph 143, 144, and 145 outline further provisions regarding the passing of a by-law under section 210, paragraph 141 of the said Municipal Act; AND WHEREAS The Corporation of the Town of Kincardine deems it advisable to pass this by-law applicable to the whole Town; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: DEFINITIONS 1. ° The following terms shall, for the purpose of this by-law, have the meanings stated below: 1.1 "Abandoned Sign· is any sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such a sign is displayed. 1.2 "Billboard· means any sign constructed of steel or other suitable material having a maximum display or area of seven and six-tenths (7.6) metres wide (25 feet) by three and seven-tenths (3.7) metres high (12 feet). Printed posters are temporarily posted or painted directly on the face of the sign. 1.3 "Council· means the town council for The Corporation of the Town of Kincardine. 1.4 "Chief building official· means the chief building official of The Corporation of the Town of Kincardine. . 1.5 ·Erected" means attached, altered, built, constructed, reconstructed, enlarged or moved, but does not include copy changes on any sign. 1.6 "Facia sign· (or Wall Sign) means a sign attached to or erected against a wall of a building, with the face horizontally 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. 1. 7 "Free Standing Sign· means any double-faced, self- supporting sign which is not permanently affixed to the ground. -2- - 1.8 "Maintain" means to permit a sign or sign structure to continue or, where required, to repair or refurbish a sign or sign structure. 1.9 "Mobile Sign" means a sign mounted on a trailer or other structure which is designed in such a manner to facilitate its movement from place to place. It shall meet the structural requirements of subsection 3.7.3 of the ontario Building Code. 1.10 "Non-Conforming Sign (Legal) - means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the enactment of this by-law, or a non-conforming sign for which a special permit has been issued. 1.11 "Projecting Sign" means a sign, other than a wall (facia) sign, attached to and projecting from the building face. 1.12 "Sign" means any identification, description, illustration, or device illuminated or non-illuminated visible from any public place or located on private property and exposed to the public which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and flags or emblems of patriotic, civic, educational, religious organizations, or private clubs. Signs shall also include all sign structures. 1.13 "Sign Structure· means any structure which supports, has supported or is capable of supporting a sign including decorative cover. 1.14 "Zone" means an area established in the Town of Kincardine zoning by-law. 2.0 GENERAL 2.1 This by-law shall be administered by the chief building official or, in his absence, by the clerk-administrator for the Town of Kincardine. 2.2 No person shall display, cause to be erected, or structurally alter any mobile or free standing sign in any part of the Town or any sign in a residential zone in the Town without first obtaining a sign permit. . 2.3 Every person who requires a sign permit for a sign shall file in the Chief Building Official's office a written application on form S-l attached to this by-law as Schedule -A" together with a building permit application. 2.4 The application shall be authorized agent of the owner the land or premises thereof. signed by the owner or and by the occupant of 2.5 The application shall be accompanied by a drawing of the sign; such drawing shall be to the specifications required by the Chief Building Official. -3- - 2.6 If the sign conforms in all respects with the provisions of this by-law and the Ontario Building Code, the ch ief building official shall issue a sign permit. However, no sign shall be permitted on a building which does not comply with the Property Standards By-law of the Town of Kincardine. 2.7 The chief building official may, in writing, suspend or revoke a sign permit issued under the provisions of this section whenever the permit is issued on the basis of a mis-statement of fact, or fraud. 2.8 The chief building official may revoke any sign permit if erection is not commenced within one year of the issuance of the sign permit. 2.9 The fee for a sign permit in the Town of Kincardine shall be established by resolution of Council and shall accompany the application. 2.10 No person shall erect a sign on pUblic property without the permission of the Council. Election signs, however, will be permitted on trees, boulevards and public utility poles and shall be removed within three days following the election. Signs may only be attached to utility poles and trees by the use of staples or tape. 2.11 No person shall erect a billboard sign in the Town of Kincardine. 2.12 No sign shall be erected wi thin the sight tr iangle as defined in the Town's Comprehensive Zoning By-law. 2.13 No sign may be attached to any pole controlled by the various utility companies or to any tree or private pole abutting onto a public highway or public place without permission of Council. Election signs shall be permitted and shall be removed within 3 days following the election. 2.14 Nothing herein prevents the posting of any election proclamation or notice under any Election Act or any voter list under a statute in that behalf nor the display of election signs on private property during any election campaign. Any such sign shall be removed within three days following the date of the election. . 2.15 Any sign located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of eight months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises, within 10 days after the certified mailing of notice by the chief building officiaL 2.16 Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of said sign. Any sign which does not comply with adequate safety standards shall be made to comply. -4- . 2.17 Notwithstanding anything contained in this by-law, the Town of Kincardine and any Department of the Dominion or provincial Government, may, for the purposes of public service, erect any sign on public property of any design or size in any zone within Town limits. 2.18 A sign advertising a home occupation or a bed and breakfast operation shall be permitted in residential zones provlded that the operator complies with the comprehensive zoning by-law and that the sign measures no more than 0.2 square metres (2.15 ft. sq.) 2.19 projecting signs are prohibited in the Town of Kincardine. 2.20 Only one free standing or mobile sign shall be permitted for a two week period once in each 6 month period for any given property in the Town and upon written request during any special Town-sponsored event. 2.21 In residential zones, condominium, apartment resolution of Council. signs shall be permitted for and townhouse developments by 2.22 In residential zones, signs for legal non-conforming uses shall be permitted only by resolution of Council. 2.23 Exemptions to this by-law will only be allowed upon resolution of Council. 2.24 All signs or other advertising devices that were lawfully erected or displayed on the day this by-law comes into force but that do no comply with this by- law shall be considered legal non-conforming signs. Such non-conforming sign which is damaged to such an extent that its supporting members are broken shall be deemed to have been destroyed and shall not be reconstructed unless within conformity with this by- law. 2.25 The following signs, not exceeding 0.40 square metres (4.31 sq. ft.) each, may be erected without sign permits. For Sale For Rent For Lease No Trespassing Memorial signs Warning signs Directional signs in parking areas Street numbers and name plates Minor construction signs Election signs (without size restriction) 2.26 No person shall erect a sign of any kind in areas zoned as Hazard Land. . 2.27 The erection of free-standing sandwich-board signs in the commercial Cl zone shall be restricted to a 76cm. (30-) encroachment onto the sidewalk in front of the building. These signs will only be permitted from April 1 to October 31 and shall be restricted to a height of 1.22 m. (4'). . . -5- 3.0 MISCELLANEOUS 3.1 Any person contravening any provision of this by-law shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding One Thousand ($1,000.00) dollars, exclusive of costs, under the Provincial Offences Act. 3.2 If any section of this by-law is for any reason held to be invalid, the remaining sections shall remain in effect until repealed. 3.3 By-law Numbers 4504, 4643, and 4570 be and the same are hereby repealed. 3.4 All by-laws previous and inconsistent to this by-law are hereby repealed. 3.5 If any provision of this by-law is in conflict with other previous by-law provisions, the provisions of this by-law shall prevail. 3.6 This By-law and amendments thereto shall be known as the "SIGN BY-LAW". 3.7 Where applicable in this By-law, reference to singular shall include plural, and reference to masculine shall include feminine. READ a FIRST and SECOND time this 22nd day of September, 1988. ~~. Mayor Deputy-Clerk READ a THIRD time and FINALLY PASSED this 20th day of October, 1988. Á~/¡J!J¡k Actlng Mayor - --- -¡;;: erk - - ~ ...-. '-- -- . r~ _ .~....'" ~.' - - . SCHEDULE "A" (Form S-l) TOWN OF KINCARDINE SIGN ERECTION PERMIT Issued to Address Phone Contractors Name Address Phone Location Main Use of Building Type of Sign Area of Sign Copy Area Height of Sign Dimensions-Height Width Depth Set Back Please attach a site plan and diagram of sign. Brief description: I/we, the undersigned, jointly and severally agree to hold harmless and indemnify the Town, its officers, agents and employees from any and all claims of negligence resulting from the erection, alteration, relocation and maintenance of a sign or other sign work insofar as this by- law has not specifically directed the placement of a sign. Witness Signature Date Signature Witness Date