Amended By
By-law:
|
Schedule D - Aldershot Business Community |
CD-203-07 | |
|
Fines for non-compliance |
CD-79-07 |
THE
CORPORATION OF THE CITY OF BURLINGTON
BY-LAW
NUMBER 34-2007
|
A by-law to regulate
the size, use, location and maintenance of signs and advertising devices
within the City of Burlington. |
WHEREAS
subsection 11(1), paragraph 7 of the Municipal Act, 2001, S.O. 2001,
c.25, authorizes the City of Burlington to pass by-laws respecting signs;
and
WHEREAS
public notice of the intention to pass this By-law was given on the 5th day of
April, 2007, pursuant to subsection 99.1 of the Municipal Act, 2001, S.O.
2001, c.25;
NOW THEREFORE
THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON ENACTS AS
FOLLOWS:
1.
This
By-law shall be known and cited as “The City of Burlington Sign
By-law.”
2.
INTENT
The purpose of this By-law is to regulate signs in the City of Burlington
with the intent of authorizing signs that:
(a)
are
appropriate in size, number, and location to the type of activity or use to
which they pertain.
(b)
provide
reasonable and appropriate means for the public to locate and identify
facilities, businesses, and services without difficulty or
confusion.
(c)
are
compatible with their surroundings.
(d)
protect
and enhance the aesthetic qualities and visual character of the City of
Burlington.
(e)
are
consistent with the planning, urban design, and heritage objectives of the City
of Burlington.
(f)
do
not create a distraction or safety hazard for pedestrians or
motorists.
(g)
are
regulated in a manner that balances the public’s right to expression with the
purpose of the By-law.
3. DEFINITIONS
For the purposes of this by-law, the following definitions shall
apply:
3.1
ABANDONED
SIGN
means a sign which pertains to a time, event, purpose, or business which no
longer applies.
3.2
ALTER
means, when used in reference to a sign or sign structure, to change any one or more
external dimensions and/or construction material, but shall not include the
replacement of the plastic face, painting, repainting, cleaning or other normal
maintenance and repair of a sign that does not involve structural
changes.
3.3 ADVERTISING DEVICE means any device or object erected, located or displayed so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants, and lights.
3.4
ANIMATED SIGN
means a video screen that electronically displays or projects visual images
including, but not limited to, video, trailers, digital or computer images and
does not include a read-o-graph.
3.5
AWNING
means a space frame system, moveable or fixed, covered with fabric or like
material attached and projecting from a building or structure, but not forming
an integral part thereof, and includes a canopy.
3.6
BANNER
means a sign composed of lightweight, flexible material such as cloth, plastic, canvas or other similar material.
3.7
BILLBOARD SIGN means
an outdoor sign maintained by a person, firm, corporation or business engaged in
the sale or rental of the space on the sign to a client, upon which space is
displayed copy that advertises goods, products, or services not necessarily sold
or offered on the property where the sign is located, and the sign is either
single faced or double faced.
3.8
CITY
means the Corporation of the City of Burlington.
3.9
COMMUNITY KIOSK means a facility located on
public property established by City Council upon which signs may be posted by
members of the public.
3.10 CONTRACTOR'S
IDENTIFICATION SIGN
means a sign identifying the contractor involved in the
renovation, construction or demolition of a building or structure.
3.11 DEEMED WIDTH
means the
deemed street width stated for a street as set out in the Zoning By-law of the
City of Burlington.
3.12
DIRECTOR means the Director of
Building and/or their designate, so appointed by Council pursuant to the
Building Code Act.
3.13 DIRECTORY
SIGN means
a sign displaying exclusively a listing of all occupants or tenants of a
building or property.
3.14
DRIVE THROUGH FACILITIES means the use of
land, buildings or structures, or parts thereof, to provide or dispense
products or services, either wholly or in part, through an attendant or a window
or an automated machine, to persons remaining in motorized vehicles, that are in
a lane designated for that purpose.
3.15 ELECTION
SIGN
means a sign advertising or promoting the election of a political party or a
candidate for public office in a federal, provincial or
municipal election.
3.16 ESSENTIAL
SERVICE
means hospitals, hotels, motels, hostels, tourist
homes, restaurants, food stores, drug stores, parking lots and motor vehicle fuel dispensing stations.
3.17 FAÇADE
means
the entire building wall including a parapet.
3.18 FASCIA SIGN
means
a sign attached to, marked or inscribed on, erected or placed against a wall
forming part of a building, or supported by or through a wall of a building,
including a painted wall sign and an awning sign. A fascia sign shall not include any
other sign defined in this By-law unless otherwise stated.
3.19
FLAG
means
a sign made of cloth or lightweight material attachable by one edge to a pole or
rope, but is not used for commercial advertisement.
3.20
FRONTAGE
means the length of the property line dividing any property from any abutting
street.
3.21 GARAGE SALE
SIGN
means a sign advertising the sale of personal merchandise in a private garage
sale held on a property zoned residential.
3.22
GRADE
means the average elevation of the finished surface of the ground where it meets the base of
the sign or sign structure, but does not include any embankment specifically
installed for the sign, planter box or other structure.
3.23
GROUND
SIGN
means a sign supported by uprights or braces embedded in a foundation in the
ground to a depth of at least 1.2 m and which is not attached to any part of a
building.
3.24
HOME BASED BUSINESS, COTTAGE
HOME INDUSTRY means an office or personal service use,
excluding a body-rub parlour, conducted from a residential dwelling unit by a
person or persons residing in the dwelling unit, which is secondary to the
primary residential use of the dwelling.
3.25 INCIDENTAL
SIGN
means a sign of minor consequence and size and without limiting the foregoing,
shall include a flag, park bench, mailbox, newspaper box, bus shelter sign,
corner stone, holiday decoration, metal plaque, community gateway sign, any sign
which is part of equipment or display, signs affixed to or painted on hoarding
around a construction site, a banner sign advertising a special event having a
maximum material dimension of 5 m by 1 m erected on fencing adjacent to a street
by a charitable organization and having permission of the property owner on
which the fence is situated.
3.26 INFLATABLE
SIGN
means an advertising device designed to be inflated and which is tethered to the
ground, a building, structure, vehicle, or similar support and includes a hot
air balloon.
3.27 LANDSCAPE
ADVERTISING SIGN means
a sign composed of flowers, shrubs and or landscape
materials.
3.28 LOT
LINE means the legal boundary of a parcel of land
that can be conveyed.
3.29 MAXIMUM FASCIA
SIGN AREA means
the total area of all fascia signs located on a building that require a sign
permit.
3.30 MAXIMUM
GROUND SIGN
AREA means
the total area of all ground signs located on a property that require a sign
permit.
3.31 MENU BOARD
SIGN
means a sign erected as part of a drive through facility and used to display and
order the products and services available from the business associated with the
drive-through facility.
3.32 MODEL HOME/SALES
OFFICE IDENTIFICATION AND DIRECTIONAL SIGN means a sign providing
directions to a site or identification of a site, sales office, or model home,
the location of which complies with the Zoning By-law.
3.33 MURAL OR
TEMPORARY PANEL means
any type of display or artistic endeavour that is applied as paint or film to
any external wall or other part of a building or structure and which does not
include any advertisement or any
other promotional message or content including logos and trademarks.
3.34 NEW DEVELOPMENT
SIGN means-
a temporary sign which displays the name or corporate identification of a
builder or developer, or provides directions to a new home development in
progress and located within an approved registered plan of subdivision or
condominium plan.
3.35
NON-PROFIT/CHARITABLE ORGANIZATION means an organization
constituted exclusively for charitable or benevolent purposes where no part of
the income is payable to or otherwise available for the personal benefit of any
proprietor, member or shareholder.
3.36 PLAZA means a shopping
centre.
3.37 PORTABLE
SIGN
means any sign specifically designed or intended to be readily moved from one location to another
and which does not rely on a building or fixed concrete foundation for its
structural support, and includes signs commonly known as an A-Frame or mobile
sign.
3.38 POSTER SIGN means a printed notice conveying information that is intended to be displayed for a temporary period of time and includes, but is not limited to, a handbill, leaflet, notice, and placard.
3.39 PROJECTING
SIGN means
a sign attached to and projecting from the face of a building where the sign
face is not parallel to the face of the building to which it is attached.
3.40 PROPERTY
LINE
means the legal boundary of a property between the property and the street and
in the case of a corner property, means both such lines
produced to their point of intersection.
3.41 PUBLIC
INFORMATION SIGN means
any of the following signs:
(a)
Signs
erected on municipal buildings, in public parks, stadia or playgrounds and used
for park identification or regulatory purposes in accordance with City
guidelines;
(b) Signs
required to be erected by a public authority pursuant to a subdivision agreement
or in connection with an application made pursuant to the Planning
Act.
3.42
READ-0-GRAPH
means any part of a sign which is designed so that any identification or
advertisement is readily interchangeable by manual or electronic means and
includes an electronically controlled message centre.
3.43
RESIDENTIAL means any lands other than
those zoned employment or commercial but does not include lands owned by a
utility or railroad.
3.44 ROAD ALLOWANCE means a street.
3.45 ROOF
SIGN
means any sign which is located entirely on or above the roof of a building or is
located entirely on top or above the parapet of a building or other similar
structure and projects above the roof of a building.
3.46 SHOPPING
CENTRE
means a group of commercial and/or employment establishments.
3.47 SIDEWALK
SIGN means
a free standing sign located on but not permanently anchored in the ground. Without limiting the generality of the
foregoing, this definition shall include signs commonly referred to as A-Frame,
T-Frame, and sandwich board but shall not include any other sign defined in this
By-law.
3.48 SIGN
means
any surface, structure and other component parts, which are used or capable of
being used as a visual medium to attract attention to a specific subject matter
for identification, information or advertising purposes and includes an
advertising device or notice.
3.49 SIGN
AREA
means the entire area of the surface of a sign. Where a sign is not bounded or enclosed
within a distinct area or frame, the sign area shall be that of a rectangle,
circle or other simple geometric shape containing all letters, symbols and
devices on the sign.
3.50 SIGN
PERMIT
means a permit issued by the Director pursuant to the provisions of this
By-law.
3.51 SIGN
STRUCTURE
means the supports, uprights, bracing and/or framework of a
sign.
3.52 SPECIAL OCCASION
SIGN means a temporary
advertising non-profit or charitable event.
3.53
STREET means any public highway or other
public right-of-way.
3.54 TEMPORARY PERSONAL SIGN means a
free standing temporary sign or advertising device which displays a personal
announcement or congratulatory message and is located on a property used for
residential use.
3.55 USE
when used in
conjunction with the words zone, residential, employment, industrial,
commercial, institutional, agricultural, open space, or similar words, shall
mean such uses as may be permitted under the Zoning By-law of the City of
Burlington.
3.56
WINDOW SIGN means a sign that is either
painted on, etched, or attached to the interior or exterior surface of a window.
3.57
VACANT LOT means a parcel of land
separately assessed that has no building thereon, but does not include any
improved land.
3.58 VISIBILITY
TRIANGLE means the area at the corner of the
intersection of two streets defined within a triangle with sides that are 9 m in
length.
3.59 ZONE means an area designated for particular land uses as determined by zoning by-laws and land use regulations as may be applicable in the City.
4. SIGNS NOT
REQUIRING PERMITS
4.1
The exceptions provided in this section do not prohibit any municipal or
other government authority from requiring a permit or approval for any sign
under other legislation, regulations or by-laws.
4.2 The following
signs do not require a sign permit from the Director but shall comply with the
requirements of this By-law regarding setback from a street, setback from
abutting properties, and requirements related to pedestrian and vehicular
safety.
(a) Signs erected by any federal or provincial government agency which are located on the lands of the government agency and are used solely to identify the agency or its mandate.
(b) Public information signs.
(c) A sign not exceeding 0.4 m² in area per face indicating no trespassing, safety, caution, or any other regulatory sign, including entrance, exit, parking or traffic signs on private property.
(d) A traffic
directional sign referred to in section 6.4.
(e)
Directional signs referred to in section
6.7.
(f) A sign
located in a residential zone, not exceeding 0.4 m2 in area per face
that displays only the name and address of the owner or occupant of the premises
where the sign is located, or the name of the property or premises or both. In all other zones the sign area of the
municipal address number on a wall shall not exceed 0.6 m².
(g) A sign for
any Home Based Business, Cottage Industry or Home Industry where such use of the
property complies with the zoning by-laws of the City. Such sign shall be
attached to the dwelling unit, have a maximum area of 0.2 m², and include
the name and address of the proprietor.
(h) A sign for
an office use, boarding house or Bed and Breakfast Home in a residential zone
where such use of the property complies with the Zoning By-law of the City. Such
sign shall not be illuminated, have a maximum height no more than 1.25 m above
grade and a maximum sign area of 0.56 m² per office use, be
setback 1.5 m from a property line. No sign
or advertising device shall be displayed inside the dwelling so as to be visible
outside the dwelling.
(i) A
non-illuminated real estate point of sale sign advertising the sale or lease of
a residential building or property, provided that such sign does not exceed 1.2
m² in area per
sign face and is located on the residential building or property that is
advertised for sale or lease. For all other uses, the maximum sign area shall
not exceed 3m².
(j) A
contractor’s identification sign provided it is not illuminated and is located on the property where the
work is being performed and only during the period of such
work.
The sign shall not be permanently erected in the ground or be affixed to any
other sign structure; and shall have a sign area not greater than 1.2 m² per
face and a height not exceeding 1.25 m.
(k) A sign
having a maximum sign area of 3 m² per face advertising the sale of seasonal produce from the agricultural lands on which
they were grown, during the appropriate growing season for the produce
advertised. Such sign may be a
portable sign.
(l) A
sign having a maximum sign area of 3 m² per face advertising the sale
of Christmas trees, in season, on lands
where permitted by the Zoning By-law.
(m) Portable signs on
a property zoned for a place of worship provided the sign does not exceed 1.1 m²
per sign face, has no one dimension greater than 1.2 m and is used in
conjunction with a function on the same property.
(n) Election
signs located on private property.
No candidate, agent or
any other person shall affix, erect or otherwise display an election sign or
permit or cause an election sign to be erected, affixed, or otherwise displayed
prior to the issuance of writs for a provincial or federal election or six (6)
weeks immediately preceding the day of a municipal election.
(o) A
non-illuminated sign not exceeding 6 m² per sign face displaying the name
of the building
or project to be built on the property where the sign is located and the names
and addresses of the owners, agents, contractors and consultants. Such sign
shall be removed within six months of first occupancy of the building or
project. Such sign is approved by the Director with respect to setback from a
property line and height requirements.
(p) A sign
erected on any commercial or employment construction project after construction has commenced
provided that the sign shall be removed within six months of the first occupancy
of the building under construction and provided such sign is approved by the
Director with respect to setback from a property line and height
requirements.
(q) Incidental
Sign.
(r)
Menu
Board Signs.
(s) Mural or
Panel Sign.
(t) Sidewalk
sign.
(u) Temporary
personal sign having an area not greater
than 3 m2 per face on a single sign board; a height not greater than
2.5 m and is not illuminated. A temporary personal sign shall be located on the
property for no more than three days. Only one temporary personal sign shall be
located on a property at any given time.
(v)
Signs
consisting of a combination of plants, shrubs or landscaping material and
designed as a
decorative feature. Such signs
shall not be considered a ground sign.
(w) A window sign
that covers a maximum 10 percent of the window on which is it painted, etched,
or attached.
(x) A poster
sign or sign erected on a community kiosk described in Schedule “A” to this
By-law, provided the sign clearly indicates the name, address and telephone
number of the individual, person, or organization responsible for creating and
erecting the sign.
5.
GENERAL PROHIBITIONS
5.1 Any
sign not expressly permitted by this By-law is prohibited and without limiting
the generality of the foregoing, the following signs are specifically
prohibited:
(a)
Abandoned
sign.
(b)
A
banner other than a banner located within a public road allowance and approved
by the City or Region of Halton or a banner classified as an incidental sign in
this By-law.
(c)
Flashing
or animated sign.
(d)
A
poster sign, with the exception of 4.2 (x).
(e)
Projection
sign.
(f) Roof
sign.
(g)
A sign located so as
to obstruct the view of any pedestrian or motor vehicle driver so as to cause an
unsafe condition.
(h)
A sign interfering with or obstructing the
view of an authorized traffic sign or signal, located on
public property, or a sign resembling any authorized traffic sign or signal
other than a stop sign or other traffic sign meant solely for local traffic
safety purposes and located on private property.
(i) A sign
located within a visibility triangle.
(j) An
inflatable sign.
5.2
No
person shall erect a sign within any portion of a street within the City of
Burlington except as may be provided for elsewhere in this By-law.
5.3 No
person shall erect a sign or poster sign on a utility pole, light standard, or
traffic control device.
5.4 No
person shall erect or permit to be erected, or allow to remain on lands
or buildings
owned, rented or leased or occupied by the person, any sign that is not in
compliance with the provisions of this By-law.
5.5 No
person shall attach, affix or display any sign or advertisement on a vehicle or
trailer which is parked or located for the primary purpose of displaying said
sign or advertisement.
5.6 Every
illuminated sign adjacent to and visible from a residential zone shall
have its
illumination extinguished by 2300 hours each day, and shall not be
re-illuminated before 0700 hours of the following day. This section shall not apply to
illuminated signs designating essential services. Such signs may remain illuminated during
the period the essential services establishment is open for service to the
public.
5.7 No
sign shall be located so as to obstruct or impede any fire escape, fire exit,
door, window, scuttle, skylight, flue or air intake or exhaust so as to prevent or impede the free access
of emergency personnel to any part of a building including fire department
Siamese connections and fire hydrants.
5.8 No
sign, light fixture, or other advertising device including a canopy or awning,
which projects more than 75 mm over a sidewalk or other pedestrian walkway is
permitted unless it is located at least 2.45 m above the surface of the walk above which the canopy or
awning is located and where the walk is public property, the City has issued an
encroachment permit for the sign.
5.9 The
erection of signs on lands used or zoned for residential purposes
is
prohibited except for signs specifically permitted under this subsection, or under Section 4 of this By-law.
(a) Apartment buildings, townhouses or other approved multiple residential complexes may have a sign identifying the building or complex provided the sign has a maximum sign area of 3 m² and is erected in accordance with Sections 6.1.1 and 6.1.7. In addition, a sign advertising the rental of an apartment is permitted provided the sign has a maximum sign area of 0.6 m² per sign face.
(b)
Signs
erected for a commercial or office use, a school,
church,
hospital, or by a public authority for a use permitted in the zoning
by-law. Such sign shall be subject
to the provisions of sections 6.1.2, 6.1.7 and 6.2.1
of this By-law.
5.10 No person shall
allow a public information sign to remain on lands or buildings the person owns,
rents, leases or occupies or on adjacent lands, after the application to which
the sign refers has been finally disposed of and all relevant appeal periods
have elapsed.
5.11 No sign shall be
affixed to a fence on private property except for:
(a) Signs affixed or painted on hoarding erected around a construction site.
(b) A banner classified as an incidental sign in this By-law.
5.12 No
billboard shall be erected on lands zoned for residential
purposes.
5.13 No portable sign
shall be erected on a vacant lot.
5.14 No person shall
erect an election sign on a street or other City
property.
6
REGULATIONS RESPECTING SIZE, TYPE AND
LOCATION
6.1 GROUND
SIGNS
6.1.1 The maximum ground sign area on a
property shall be not more than 0.30 times the linear metres of frontage of the
property. Where a property has frontage on more than one street, the maximum
ground sign area shall be not more than 0.30 times the linear metres of frontage
on the longest frontage plus 0.20 times the linear metres of frontage on all
other frontages of the property, except in the following
cases:
(a) Where
a property is used as a shopping centre or plaza and does not have any frontage
on a public street or has frontage that is less than 15 percent of the total
length of the perimeter of the property, then 15 percent of the total length of
the perimeter of the property may be deemed to be its frontage for the purpose
of calculating the maximum ground sign area, which shall be 0.30 times 15 per
cent of the total length of the perimeter of the property.
(b) Where
a property is used for any other use and has no frontage on a public street or
has frontage on a public street that is less than 10 percent of the total length
of the perimeter of the property, then 10 percent of the total length of the
perimeter of the property may be deemed to be its frontage for the purpose of
calculating the maximum ground sign area, which shall not exceed 0.30 times 10
percent of the total length of the perimeter of the property or 7.2
m2 of ground sign area for each hectare of lot area to a maximum of
56 m2 shall be permitted on a property that has no frontage on a
public street which is less than 10 percent of the total perimeter length of the
property.
6.1.2 In the case of a shopping centre,
plaza, or any other multi-tenant or multi-user property, it is the
responsibility of the owner or the owner’s agent, if any, to allocate the ground
sign area among the tenants, businesses or occupants of the property.
6.1.3 Where a property is zoned for
residential uses but contains a commercial or office use, a school, church, or
hospital in compliance with the Zoning By-law, the maximum ground sign area
shall not be more than 20% of the maximum ground sign area entitlement as
otherwise calculated in this By-law. This does not apply to a Home Based
Business, or Cottage Home Industry.
6.1.4 No ground sign shall have any
single face greater than 28 m² in area, and a total sign area greater than 56
m².
6.1.5 No ground sign erected in a
visibility triangle shall have a height greater than 1 m above grade at the
intersection.
6.1.6 No
more than two ground signs shall be located on any property and shall be located
no closer than 45 m to each other.
6.1.7
The
maximum size, height and setback of ground signs shall be as
follows:
|
SIGN AREA PER FACE
(m²) |
MINIMUM SETBACK FROM PROPERTY LINE OR
DEEMED WIDTH WHICHEVER IS
GREATER |
MAXIMUM HEIGHT MEASURED FROM GRADE TO TOP
OF SIGN COMMERCIAL ZONE |
MAXIMUM HEIGHT MEASURED FROM GRADE TO TOP
OF SIGN EMPLOYMENT ZONE |
MINIMUM SETBACK FROM A LOT LINE ABUTTING
A RESIDENTIAL ZONE, HOSPITAL, PARK OR SCHOOL |
MINIMUM SETBACK FROM ANY OTHER LOT
LINE |
|
2.7 times the height (metres) of the ground
sign |
1.5 m |
1.2 times the setback (metres) from the
closest street to a maximum height of 10.5 m |
3.6 m |
15 m |
4.5
m |
6.1.8 Notwithstanding Section 6.1.7
herein, a legally existing ground sign located on lands expropriated or acquired
by the City of Burlington or the Regional Municipality of Halton for the purpose
of establishing, laying out, widening, altering or diverting any highway, or for
the purpose of storm, sanitary or water services may be relocated provided the
setback from the abutting expropriation line or acquisition line is a minimum
1.5 m for a sign having a sign area of a single face not greater than 7 m² or a
minimum setback of 3 m for sign having an area between 7 m² and 14 m² per face
or a minimum setback of 4.5 m for a sign having an area of 14 m² per
face.
6.1.9 Notwithstanding the maximum height
regulations set out in Section 6.1.7 herein, the height of a ground sign,
located on a motor vehicle use in a commercial zone and adjacent to a
residential zone, shall not exceed 5.5 m.
6.1.10
For the purpose of applying the maximum sign area per face for a "V" shaped sign
having two (2) faces shall be considered as having one face if the interior
angle of the "V" exceeds 90 degrees.
6.1.11 Within the geographic area shown on attached Schedule
"B" of this By-law, a ground sign on a property shall be setback 0.5 m from a
property line and shall not exceed 2 m in height and 1.5 m² in sign
area.
6.2 FASCIA SIGNS
6.2.1 The total sign area of all fascia
signs on any one façade of a building shall not exceed 0.75 times the linear
metres of the facade on which the fascia sign is erected. The maximum area of
any individual fascia sign shall not exceed 26 m². On a building located 15 m or less from
a street any individual fascia sign shall not exceed 13
m².
6.2.2 On a multi-tenant building or
buildings, the total sign area of all individual fascia signs of the tenants
shall not exceed 0.75 times the linear metres of the exterior facade of the
tenant units on which the fascia signs are erected. On a building located 15 m
or less from a street any individual fascia sign shall not exceed 13 m².
6.2.3 No part of any fascia sign shall
project more than 610 mm from the
face
of the wall of a building except in the case of a sign painted on a canopy
provided such canopy is located at least 2.45 m above the surface of any
sidewalk or pedestrian walkway and complies with the setback requirement of the
zoning By-law.
6.2.4 No illuminated fascia sign located
in an employment or commercial zone with the exception of motor vehicle uses,
shall be located closer than 15 m to the boundary of a residential
zone.
6.2.5 On a property used as a motor
vehicle service station and abutting
a residential use, no illuminated fascia sign visible from the residential use shall have a vertical dimension greater than 1m.
6.2.6 On a building containing a
commercial, retail, service commercial or office use(s) and a residential
use(s), the maximum area of a fascia sign shall be no greater than 15 percent of
the commercial portion of the façade of the building on which it is
erected.
6.2.7 Within the geographic area shown on
the attached Schedule “B” of this By-law, a fascia sign shall only be
illuminated by external illuminations, except where the fascia sign consists of
individual letters, numbers, or symbols.
6.2.8 Within the geographic area shown on
the attached Schedule "B" of this By-law, no fascia sign shall be illuminated
between 2300 hours of one day and 0700 hours of the following day.
6.2.9
Notwithstanding
subsection 5.1 (e), within the geographic area shown on the attached Schedule
“B” “Façade”, a projecting sign not exceeding 0.5 m² in area is permitted on
each façade of a building that faces a street. Such a projecting sign may be
internally illuminated.
6.3 PORTABLE
SIGNS
6.3.1 Except as otherwise provided for in
this section the following regulations shall apply to commercial and employment
uses permitted in a zoning by-law of the City of Burlington.
(a)
No
portable sign under this section of the By-law shall be erected without first
obtaining a permit from the Director.
(b)
Properties
permitted the use of portable signs under this section of the By-law shall be
permitted the use of such signs on a calendar year basis and will be allowed
three fifteen (15) consecutive day increments for each unit on the property
subject to (i) to (iii) inclusive below:
(i)
Properties
having 24 units or less are permitted not more than one portable sign at any one
time.
(ii)
Properties
having more than 24 units are permitted a maximum of 2 portable signs at any one
time.
(iii)
Where
more than one portable sign is erected on the same property, no portable sign
shall be erected within 60 m of another portable sign on the same
property.
(c)
The
number of days that a portable sign is erected or displayed shall be determined
from the date indicated on the application.
(d)
A
portable sign shall not have more than two sign faces and any one sign face
shall not exceed 3.7 m² area with no one dimension of the sign being greater
than 2.4 m.
(e)
No
portable sign shall be illuminated or employ any flashing or sequential light,
or any mechanical or electronic device to provide or simulate
motion.
(f)
A
portable sign shall be erected on a property so as not to interfere with pedestrian or
vehicular traffic.
(g)
For
the purpose of this By-law, a portable sign shall in all cases be located
entirely on private property.
(h)
A
portable sign shall have a maximum height measured from grade not greater than
2.4 m.
(i)
The
sign area devoted to portable signage shall not be included in the maximum sign
area entitlement for the property.
(j)
No
portable sign shall be located closer than 1.5 m to a property line or within a
visibility triangle. This section
will not apply to portable signs erected in the geographic area shown on the
attached Schedule "B" of this By-law.
(k)
The
maximum sign area of a portable sign erected in the geographic area shown on the
attached Schedule "B" of this By-law shall not exceed l.5 m² and shall not
exceed a height of 1.2 m.
(l)
No
portable sign shall be located closer than 30 m from an abutting property used
solely for residential purposes.
(m)
No
portable sign shall be located in any parking space that is required under a
zoning by-law of the City of Burlington.
(n)
Portable
signs erected by or for a Regional or Municipal government or agency shall be
located on its own lands, and used solely in conjunction with its mandate. Such
signs are subject to all regulations set out in Section 6.3.1 of this By-law
with exception of subsections (b), (g), (k) and (l).
(o)
Portable
signs erected on a property which is the location of a place of worship shall be
subject to all regulations set out in 6.3.1 of
this By-law with exception of subsections (b) and (l).
(p)
Portable
signs erected for Special Occasion may be erected fourteen (14) days before the
charitable event and shall be removed one (1) day after the charitable event and
shall be subject to all regulations set out in 6.3.1 with the exception of
subsections (b) and (l).
6.4 TRAFFIC
DIRECTIONAL SIGNS
6.4.1 There shall be no limit to
the number of traffic directional signs located on a property, however, there
shall be no more than two (2) traffic directional signs at each point of ingress
or egress of a property.
6.4.2 A traffic directional sign
shall be confined to directing motor vehicle or pedestrian traffic and shall be
restricted to such signs as an “entrance” sign, an “exit” sign or a motor
vehicle “parking” direction sign.
Not more than 40% of each sign face shall be used to identify a business
on the same property.
6.4.3 A traffic directional sign shall
not exceed an area of 0.55 m² for a single sign face.
6.4.4 No
traffic directional sign shall be higher than 1 m above grade within any
visibility triangle, or not higher than 1.5 m above grade at other
locations.
6.4.5 No
traffic directional sign shall be located closer than 1.5 m to the property
line.
6.5 BILLBOARD
SIGNS
6.5.1 The maximum number of billboard
signs erected with The City of Burlington shall not exceed
50.
6.5.2
No billboard sign shall be erected
on lands:
(a)
Zoned
for residential purposes.
(b)
Located
within the geographic area shown on the attached Schedule “B” of this
By-law.
6.5.3 One billboard sign may be erected
on a vacant lot that is zoned for employment or commercials
uses.
6.5.4 A billboard sign may be erected on
railway lands or hydro corridors only where the railway land or hydro corridor
travers a street that has a minimum deemed road width of 36 m and provided
further that :
(a) The written
approval for the billboard sign by the railway company or hydro company shall be
submitted to the Director prior to issuance of any sign
permit.
(b) The lands
adjacent to each side of the railway land or hydro corridor are zoned for
employment or commercial uses.
(c)
The
billboard sign shall not be located closer than 10.5 m to the limit of the
railway land or hydro corridor intersects the street and located no further than
45 m away from this same point.
6.5.5 No billboard sign shall be
located:
(a)
Within
300 m of any other billboard sign.
(b) Within 300 m from a residential zone.
(c) Within 100 m of a park, hospital or school.
(d) Less than 10.5 m from a property line and 4.5 m from any other lot line.
6.5.6 No billboard sign shall exceed 8 m in height measure above the grade at the base of the sign.
6.5.7 The maximum sign area for a billboard sign shall be 7.5 m² per sign face.
6.5.8 A billboard sign shall not contain or use more than two visible faces for advertising purposes.
6.5.9 A billboard sign may be illuminated but shall not be otherwise electrically animated, have any moving parts or automated message changes.
6.5.10 Where a property on which a billboard is erected, located, or displayed ceases to be vacant or undeveloped, the sign owner shall remove the billboard from the property.
6.6 DIRECTORY
BOARD
6.6.1
Directory
boards are only permitted on lands zoned for employment purposes and having a
multi-user occupancy on the property that is greater than five (5)
tenants.
6.6.2 In
addition to the maximum sign ground area entitlement, the equivalent of
5% of the maximum ground sign area may be
used exclusively for directory board purposes.
6.6.3 A
directory board must identify all tenants.
6.6.4
A
directory board may not exceed a height of 1.8 m.
6.6.5 A
directory board must be set back a minimum of 6 m from a property
line.
6.6.6 The lettering on a directory board
shall not exceed 150 mm in height.
6.6.7 Not
more than two directory boards shall be located on a
property.
6.6.8 If
a directory board is erected on the wall of a building, the directory board
shall comply
with the fascia sign regulations of this by-law.
6.7
DIRECTIONAL SIGNS
6.7.1 Signs advertising private garage sales, open house directional signs, or signs erected by community or charitable organizations advertising an upcoming event may be erected within the road allowance subject to the following regulations:
(a) no sign
shall be erected on a median or traffic island.
(b) no sign
shall be located closer than 1 m to the curb or the edge of the traveled portion
of the roadway where there is no curb.
(c) no sign
shall exceed a height of 1 m or have any one dimension greater than 1
m.
(d) signs which
advertise an event shall be erected no more than 3 days before the event and
shall be removed the day following the event and shall not be erected a total
period of more than 6 consecutive days.
(e) each sign
shall clearly indicate the name, address and telephone number of the individual
or organization responsible for creating and erecting the
sign.
6.7.2
The following types of signs
may be erected within the road allowance subject to the prior approval by the
Director of Roads and Parks Maintenance or his/her designate with respect to
location, design and means of illumination:
a)
Community service
organization gateway signs.
b) Farm produce directional
signs.
c)
Identification and
directional signs for a place of worship.
d) Landscape advertising
signs.
e)
Public bench
signs.
f)
Tourism and
essential service signs.
6.7.3 Bicycle rack advertising and transit shelter signs may
be erected on the road allowance subject to the prior approval of the Director
of Transit and Traffic or his/her designate with respect to location, design and
means of illumination.
6.7.4 A sidewalk sign used by
commercial establishments may be erected on the sidewalk portion of the road
allowance within the geographic area outlined in Schedule “B” of this By-law
subject to the following regulations:
(a)
No sign shall have a sign
area greater than 1.1 m2 per face and no one dimension greater than
1.2 m.
(b)
At any one time not more
than one accessory sign shall be located on the sidewalk portion of the road
allowance in front of the premises it advertises or
identifies.
(c)
No
sidewalk sign shall be illuminated.
(d) No sidewalk
sign shall be erected in a manner that obstructs pedestrian
traffic.
(e) No sidewalk
sign located within a visibility triangle shall
be more than 1 m in
height.
(e)
No sidewalk sign shall be
attached to or supported by a light standard, utility pole or traffic control
device.
(g) No sidewalk
sign shall have more than two (2) faces.
(h) A sidewalk
sign shall be displayed only during the regular business hours of the
establishment to which it applies.
6.7.5 Identification and
directional signs for a model homes/sales office may be erected on the road
allowance subject to the following regulations:
(a)
No
sign shall have a sign area greater than 1.1 m2 per face and no one
dimension greater than 1.2 m.
(b) No sign
shall be illuminated.
(c)
No sign shall be erected in
a manner that obstructs pedestrian or vehicular movement.
(d)
No
sign shall be erected in a manner that impedes the visibility of vehicular
traffic at a driveway entrance or street intersection.
(e) No sign
located in a visibility triangle shall be greater in height than 1
m.
(f) No sign
shall be attached to or supported by a light standard, utility pole or traffic
control device.
(g)
No
sign shall be located closer than 1 m to the curb or the edge of the traveled
portion of the roadway where there is no curb.
(h) No sign
shall be erected on a median or traffic island.
(i) No
sign shall have more than two (2) faces.
7.
CONSTRUCTION DETAIL
7.1
Every
sign shall be designed, constructed and maintained to adequately withstand all loads which
may reasonably be expected to come upon it and the loads and design shall be
equal to those specified in the Ontario Building Code.
7.2
No
sign illuminated or operated electrically shall be erected, maintained or
altered unless
such electrical work is in conformity with all regulations of Ontario Hydro and
all such electrical equipment bears the appropriate approval of the Canadian
Standards Association.
8.
ADMINISTRATION, ENFORCEMENT AND PENALTIES
8.1
APPLICABLE
LAW
Nothing
in this By-law shall exempt compliance with other applicable
law.
8.2 PERMITS AND
APPLICATION
8.2.1 Except as provided in Section 4.2,
no person shall erect, or structurally alter a sign unless a sign permit for
such erection or structural alteration has been issued by the
Director.
8.2.2 The application and plans for a sign permit shall provide all information related to dimensions, height, distance and area in metric and shall include the following:
(a)
One
completed copy of the application form as prescribed by the
Director.
(b)
Two
copies of a site plan showing: the property line and the other boundaries of the
property on which the sign is proposed; the proposed location of the sign in
relation to all other signs and structures existing or proposed on such
property; all other information as may be necessary, including the area of each
existing sign to enable the
compliance with all pertinent requirements of this By-law to be
determined. If required by the
Director, such plans and information shall be certified by a registered Ontario
Land Surveyor.
(c)
Two
copies of complete working drawings and specifications covering the construction
and/or alteration of the sign, including any supporting frame work. Where the sign is proposed to be or is
located on a building or other structure, sufficient data shall be shown to
determine that such building or structure can safely carry the additional loads
and stresses imposed thereon by the erection or alteration of such sign. Where required by the Director, such
drawings shall include calculations bearing the stamp of a registered
professional engineer.
(d)
Approval
of the Ministry of Transportation of Ontario, as required.
(e) A Copy of
the Development Permit approval from the Niagara Escarpment Commission where
required. In the event the sign is
not constructed or installed within the period for which the Development Permit
is valid, a new Development Permit shall be obtained.
(f) An
application for a sign permit for all signs shall include a letter from the
property owner or his/her agent confirming knowledge of and agreement with the
permit application.
(g)
Permit
fee as outlined in Schedule “C”.
8.3 PERMIT
FEE
The fee payable upon application for a sign permit pursuant to this By-law shall be:
8.3.1 Permanent signs as outlined in
Schedule “C”.
8.3.2 Portable signs as regulated in
Section 6.3 of this By-law and as outlined in Schedule
“C”.
8.4
PERMIT REFUNDS
8.4.1 Where
a permit has been issued but has not been acted upon and the holder of the
permit returns it for cancellation prior to the commencement of the project and
before such permit has expired or has been revoked, the holder of the permit
shall not be entitled to any refund.
8.4.2 Where
the applicant for a permit cancels the application prior to the issuance of the
permit, the Director may retain an amount of not less than one half of the
permit fee payable, as in his/her opinion is appropriate, having regard for the
stage to which the application has been processed. The balance of the fees
actually paid will be refunded to the applicant, provided that no refund will be
made which results in the retention by the City of a sum less than the minimum
fee payable.
8.4.3 A permit fee for a portable sign
permit application shall be non-refundable.
8.5 LEGAL
NON-CONFORMING
8.5.1 Where a sign has been lawfully erected prior to this By-law coming into force, such sign shall continue to be permitted provided it is not removed, enlarged or structurally altered.
8.5.2 Legal non-conforming means a sign or advertising device that is lawfully erected or
displayed on the day this By-law comes into force, provided the sign or
advertising device is not in any way substantially altered. The maintenance and
repair of the sign or advertising device or a change in the message displayed
shall in themselves, be deemed not to constitute an alteration.
8.6 EXPIRY,
RENEWAL AND REVOCATION
Expiry
8.6.1 A sign permit issued for other than
a portable sign pursuant to this By-law shall be valid for a period of six
months from date of issue and shall remain valid provided the work covered by
the permit is commenced before the expiry of the six month period and provided
the work is carried on at a reasonable rate to completion.
Renewal
8.6.2 A sign permit for other than a
portable sign may be renewed once for a further six month period without
re-submitting the documents referred to in paragraph 8.2.2 (a) to (c), upon
submitting a written request for renewal and a payment fee as outlined in
Schedule “C” before the expiry of the initial six month period and provided such
permit could still be issued in compliance with the provisions of this
By-law.
8.6.3 Where no written request for
renewal is submitted to the Director
before
the expiry of the six month period or where a sign permit has been renewed once
and work did not commence before the expiry of the second six month period, the
sign permit shall automatically lapse and a new application shall be required
along with the fees applicable at that time.
Revocation
8.6.4 The
Director may revoke a permit issued under this By-law,
(a)
Where
it was issued on mistaken, false or incorrect Information.
(b)
Where
six months after its issuance, the erection of the sign, other than a portable
sign, for which the permit was issued has not, in the opinion of the Director,
been seriously commenced.
(c)
Where
erection of the sign, other than a portable sign is, in the opinion of the
Director, substantially suspended or discontinued for a period of more than one
year.
(d)
Where
it was issued in error.
(e)
Where
the permit holder or property owner or his agent requests in writing that it be
revoked.
8.6.5 Prior to revoking a permit in
accordance with this By-law, the Director may give written notice of the
intention to revoke to the permit holder at his/her last known address and if on
the expiration of thirty (30) days from the date of such notice, the grounds for
revocation continue to exist, the permit shall be revoked without further notice
and all submitted plans and other information may be disposed of or, at the
request of the permit holder, returned as directed.
8.7
REMOVAL
8.7.1 Any employee of the City is
authorized to take down or remove any sign or advertising device that is erected
or displayed in contravention of this By-law and the owner shall pay for any
associated expenses incurred by the City.
Any sign removed as provided for in this section shall be stored by the
City or an independent contractor for a period of not less than thirty (30)
days. During this period the sign
owner or his/her agent may redeem the sign after completing a signed
acknowledgement and release on the prescribed form and after making payment
satisfactory to the City of the amounts as outlined in Schedule “C” Such costs
or expenses may be recovered in accordance with Section 427 of the Municipal Act
S.O. 2001, c.25 as may be amended from time to time.
8.7.2 The Director is further authorized
to charge a fee as outlined in Schedule “C” per sign, to reflect the
administrative and enforcement costs of sign removal, whether or not the sign is
returned. For larger commercial
rental portable signs, as determined by the Director, the fee for retrieval per
sign shall be as outlined in Schedule “C”.
8.7.3 The Director may direct any person
who has caused a sign or other advertising device to be erected, displayed,
altered or repaired without first having obtained a permit to obtain a
permit.
8.7.4 The Director may direct any person
who has obtained a permit or has caused a sign or other advertising device to be
erected, displayed, altered or repaired contrary to the approved permit plans in
respect of which the permit was issued, to make such sign or other advertising
device comply with this By-law or,
to remove such sign or other advertising device within any period as
directed.
8.7.5 Where a sign or sign structure is
deemed by the Director to be in such a condition that it is or may be dangerous
to the public, the Director may, in his/her discretion, either serve written
notice to the owner or tenant of the property on which, or in front of which,
such sign is located, to remove such sign or make the same safe, or without
giving notice to the owner or tenant of the property on which such sign is
located, cause such sign or structure to be removed.
8.7.6 Any sign removed pursuant to this
Section may be deposited elsewhere on the property on which it was
located.
8.7.7 Any notice given under this By-law
may be given by ordinary mail to the person making application for permit to
erect a sign, or where such sign is existing, by ordinary mail to the owner or
tenant, according to the last revised Assessment Roll of the City, of the
property on which or in front of which the sign is
located.
8.8
INSPECTIONS
8.8.1 The person to whom any sign permit
has been issued, shall notify the Director of the commencement of the erection
of a sign, in order to arrange an inspection.
8.8.2 The Director may enter upon any land at any reasonable time without a warrant for the purpose of:
(a)
inspecting
the land, building, or structure with respect of which a permit is issued or an
application for a permit is made, or
(b)
determining
if a permit is required to be issued.
8.9 LIABILITY
8.9.1 Any persons erecting or maintaining any sign or sign structure or on whose property a sign or sign structure is located, shall be liable for such sign or sign structure. The municipality is hereby indemnified from and against all manner of claims for damages, loss, expense or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure, or part thereof.
8.9.2 The property owner and/or the agent assume any liability arising from the information given by signs on private property and responsibility for the enforcement of such signs, unless otherwise authorized in legislation.
8.10 PENALTY FOR
NON-COMPLIANCE
8.10.1 The Director is responsible for the
enforcement of this By-law. The Director is hereby authorized to pull down,
remove or case to be removed at the expense of the owner of the sign, any sign
that is erected or displayed in contravention of the By-law or that constitutes
a safety hazard.
8.10.2 Where a person has been convicted of an
offence under this By-law the Court may in addition to any other penalty imposed
on the person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act or thing by the person
convicted, directed toward the continuation or repetition of the
offence.
8.10.3 Neither the granting of a permit nor the
approval of the drawings and specifications, nor inspection made by the
authority having jurisdiction during the erection of a sign shall, in any way,
relieve the owner of such sign, tenant or the owner of property on which the
sign is located, from full responsibility for carrying out the work in
accordance with the provisions of this By-law.
9
VARIANCES
9.9.1 Where
the owner or person in control of a sign for any reason is unable to comply with
the provisions and regulations under this By-law, such person may apply to the
Council of the City of Burlington for a variance from the provisions and
regulations of this By-law.
9.9.2 The applicant for a variance from
this By-law shall provide information that demonstrates how the variance
requested satisfies the intent of this By-law or how compliance with this By-law
would create unreasonable hardship for the applicant.
9.9.3 The Council of the City of
Burlington shall hear all applications and may authorize variances from the
provisions and regulations of this By-law.
10
SEVERABILITY
Should any section, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the part which was declared to be invalid.
11
REPEAL
Repeal
Municipal Sign By-law 51-1993 and amendments 141-1993, 44-1998, 19-2000,
57-2001, 130-2002, 59-2002, 29-2002, 104-2004, Repeal Road Allowance By-law
91-1997 and 116-1998.
ENACTED
AND PASSED this 30th day of April, 2007.
MAYOR:
____________________________________
DEPUTY
CLERK: _____________________________
SCHEDULE “A” - BY-LAW
34-2007
COMMUNITY KIOSK
LOCATIONS
Facilities located on public property
designated by City Council as a facility upon which signs may be posted by
members of the public:
|
1. |
430 John St. –
Downtown Bus Terminal |
|
2. |
575 Plains Rd W., N/E
corner of Plains Rd and Cedarwood Place |
|
3. |
Across from 2425 Upper
Middle Road M.M. Robinson High School |
|
4. |
Burlington Mall, South
Side, N/E corner of Regency Crt. and Prospect
St. |
|
5. |
N/E corner of Appleby
Line and New St. |
|
6. |
N/E corner of Kenwood
Ave and Lakeshore Road |
SCHEDULE “B” – BY-LAW
34-2007
DOWNTOWN AREA
MAP
