HomeMy WebLinkAboutKIN 88 048 Repealed by No 95 64
BY-LAW NO. 1988-48
KINCARDINE
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THE CORPORATION OF THE TOWN OF
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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.
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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.
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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.
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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').
.
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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
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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