HomeMy WebLinkAbout15 086 Sign By-law Amendment (5) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2015 - 086
BEING A BY -LAW TO AMEND BY -LAW NO. 2003 —136,
THE MUNICIPALITY OF KINCARDINE SIGN (2003) BY -LAW
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
• enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a lower tier municipality may provide any service or thing
that the municipality considers necessary or desirable for the public and authorizes
a lower -tier municipality to pass by -laws respecting matters within the sphere of
jurisdiction of structures, including fences and signs, both subject to certain rules;
AND WHEREAS Section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a municipality to delegate its powers and duties under this or
any other act to a person or body subject to certain restrictions;
AND WHEREAS the Council for the Corporation of the Municipality of Kincardine
passed By -law 2003 -136 to regulate or prohibit signs and other advertising
devices within the Municipality;
AND WHEREAS Council deems it advisable to amend By -law No. 2003 — 136;
• NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Section 1 be deleted and replaced with the attached Section 1 to
include the definitions for:
"substantial alteration" means to change the location, sign
structure, or any one or more of the external dimensions of a sign,
or to become obsolete, or to change the business name on an
obsolete sign, and for the purpose of clarity, shall not include on a
lawfully erected sign: (a) a change in the message to advertise
goods or services; (b) the re- arrangement of numerals, letters or
copy applied directly to the sign face specifically designed and
intended to be periodically rearranged; (c) maintenance and repair.
"obsolete" means a sign that advertises a business no longer doing
business"
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Page 2
Sign By -law Amendment (5) By -law
By -law No. 2015 - 086
2. That Section 2.17 be deleted and replaced with the following:
e 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.
The exception to the above is the Business Improvement Area, as
set out in Schedule `A' attached hereto and forming part of the By-
law, where internally illuminated, flashing, animated and electronic
media signs are prohibited. In the Business Improvement Area when
any portion of an existing sign is planned to be replaced, or if a sign
is substantially altered, the old sign (including sign structure) shall be
removed and the new sign shall conform to the current provisions of
the sign by -law. Minor maintenance and repairs to existing signs
would be permitted (eg cracked face, wiring replaced).
3. That this By -law shall come into full force and effect at the time of its
passing.
4. That this By -law may be cited as the "Sign By -law Amendment (5) By -law ".
• READ a FIRST and SECOND 3 S a d S COND TIME this 3 day of June, 2015.
READ a THIRD TIME and FINALLY PASSED this 3 day of June, 2015.
Z 4J■e anvivh_1140.4.-6-Tte
Mayor Clerk
•
•
Section 1
The Municipality of Kincardine Sign (2003) By -law
By -law 2003 -136 (Amended by By -law 2015 - 086)
Page 1 of 3
1.0 DEFINITIONS
• 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 "Accessory Sign" means any sign identifying or advertising a business,
person, activity, goods, products or services located on the premises
where the sign is installed and maintained.
1.3 "Animated Sign" means any sign that includes action or motion within
the sign area. For purposes of this by -law the term does not refer to
flashing, rotating or automatic changing signs.
1.4 "Area"
(i) When used in connection with a fascia sign or single faced sign,
O means the area of the copy surface.
(ii) When used in connection with a sign having a number of display
surfaces, means one -half of the area of all the display surfaces.
(iii) When used in connection with a free standing letters(s) or figure
means the area of the smallest rectangle which will enclose the
letter(s) or figure.
1.5 "Billboard" means any sign constructed of steel or other suitable material
having a maximum display area of 22.3 m2 (240 sq ft)
1.6 "Business Improvement Area" defined under a by -law 4241 titled "Being
a By -law to designate an improvement area within the Town of Kincardine
and to establish a board of management for the area" as amended from
time to time or its successor.
1.7 "Copy" (Permanent and Temporary) means the wording on a sign
surface either in permanent or removable letter form.
• 1.8 "Copy Area" means the area of the smallest single 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.
1.9 "Council" means the Municipal Council for the Municipality of Kincardine
1.9 (a) "Committee" means the Building and Planning Committee for the
Municipality of Kincardine
1.10 "Chief Building Official" means the Chief Building Official (C.B.O.) of the
Municipality of Kincardine.
1.11 "Directory Signs" are used to guide pedestrians to individual businesses
within a multiple- tenant commercial building.
1.12 "Electronic Media Sign" means any sign designed for a section to be
electronically controlled and which displays illuminated information in a
• pre- arranged sequence.
1.13 "Erected" means attached, altered, built, constructed, reconstructed,
enlarged or moved, but does not include copy changes on any sign.
Section 1
The Municipality of Kincardine Sign (2003) By -law
By -law 2003 -136 (Amended by By -law 2015 - 086)
Page 2 of 3
1.14 "Fascia 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.
1.15 "Flashing Sign" means any sign which contains an intermittent or
flashing source, or which includes the illusion of intermittent or flashing
Tight by means of animation, or an externally mounted intermittent light
source.
1.16 "Grade" means average elevation of the ground directly beneath a sign.
1.17 "Ground Sign" means any sign directly supported by the ground, without
the aid of any other building or structure, other than the sign structure.
1.18 "Height of Sign" means the vertical distance measured from the adjacent
street grade or upper surface of the nearest street curb other than an
elevated roadway, which permits the greatest height to the highest point of
said sign.
110 1.19 "Illuminated Sign" means any sign designed to provide artificial light
either through exposed lighting on the sign face or through transparent or
translucent material from a light source within the sign.
1.20 "Internally Illuminated Sign" means any sign designed to make
illuminated or shine from within the structure;
1.21 "Maintain" means to permit a sign structure to continue or, where
required, to repair or refurbish a sign or sign structure.
1.22 "Mobile Sign" means a sign mounted on a trailer or other structure which
is designated in such a manner to facilitate its movement from place to
place.
1.23 "Nameplate" means an identification sign indicating name of owners /farm
name and address but shall not include advertising the selling of any
product.
1.24 "Non- Accessory Sign" means any sign identifying or advertising or
• directing attention to a business, profession, person, commodity, service
or entertainment which is conducted, sold or offered elsewhere than at the
lot upon which the sign is installed and maintained.
1.25 "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.
1.26 "Obsolete" means a sign that advertises a business no longer doing
business
1.27 "Parapet or Parapet Wall" means that portion of a building wall that rises
above the roof level.
1.28 "Pylon or Standard Sign" means a ground sign having a minimum
distance of 2.4 metres (7.9 feet) from the underside of the sign to grade.
• 1.29 "Projecting Sign" means a sign (swinging or otherwise), other than a
wall (fascia) sign, attached to and projecting from the building face.
1.30 "Roof Sign" means any sign erected upon, against or directly above a
roof, said sign shall not extend beyond the perimeter of the roof.
Section 1
The Municipality of Kincardine Sign (2003) By -law
By -law 2003 -136 (Amended by By -law 2015 - 086)
Page 3 of 3
1.31 "Rotating Sign" means any sign or portion of a sign which moves in a
® revolving or similar manner, but does not include multi -prism indexing sign
face.
1.32 "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.
1.33 "Shopping Mall" means a group of commercial establishments planned
and developed as a unit.
1.34 "Sign Structure" means any structure which supports, has supported or
is capable of supporting a sign including decorative cover.
• 1.35 "Substantial Alteration" means to change the location, sign structure, or
any one or more of the external dimensions of a sign, or to become
obsolete, or to change the business name on an obsolete sign, and for the
purpose of clarity, shall not include on a lawfully erected sign: (a) a
change in the message to advertise goods or services; (b) the re-
arrangement of numerals, letters or copy applied directly to the sign face
specifically designed and intended to be periodically rearranged; (c)
maintenance and repair.
1.36 "Voting Place" means the area designated by the Clerk of the
Municipality in which the facilities for the conduct of the vote are located.
The area designated may include the whole property, up to and including
the curb, in order to provide curbside access for disabled voters.
1.37 "Temporary Sign" means a sign which is not permanently affixed and
includes all devices such as banners, pennants, flags (not intended to
include flags of any nations), sidewalk or curb signs and balloons or other
air or gas filled figures. This section does not pertain to mobile signs as
defined in sub - section 1.19.
1.38 "Zone" means an area established in the Municipality of Kincardine's
Comprehensive Zoning By -law as amended.
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