THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE BY-LAW NUMBER 2016-165-RE BEING A BY-LAW to regulate the size, use, location and maintenance of portable, mobile, banner, feather banner, inflatable and temporary signs in the Town of Whitchurch-Stouffville WHEREAS section 11 (3)7 of the Municipal Act, 2001, S.O., 2001 c. 25, as amended provides that, a Council may pass a by-law for regulating structures including fences and signs; and WHEREAS section 391 (1) of the Municipal Act, 2001 provides that a municipality may impose fees and charges on persons: c) for the use of its property including property under its control; and WHEREAS section 391 (3) of the Municipal Act, 2001 provides that a municipality may impose fees and charges on persons 1) The costs included in a fee or charge may include costs incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS: 1) DEFINITIONS For the purposes of this By-law the following terms shall have the corresponding meaning: a) "A-frame" means a temporary 2-panel sign which is hinged at the top and is self-supporting and may also be referred to as a "sandwich board sign" and rests on the ground. b) "advertising device" means any device or object creating a design, that is erected on any lot, building or structure for the purpose of advertising and shall include signs, flags, banners, pennants, paint, lights, holograms or any other object intended for advertising purposes. c) "banner sign" shall mean a sign constructed of a non-rigid material attached to a building or structure, but shall not include a flag, feather banner sign, canopy sign or an awning sign. d) "charity" means a registered charity as defined in the Income Tax Act (Canada) or successor legislation, which has a registration number issued by the Canada Revenue Agency, or successor. e) "Clerk" means the Clerk of the Town ofwhitchurch-stouffville. f) "Council" means the Council of the Corporation of the Town of Whitchurch-Stouffville. g) "Downtown Stouffville" means the special sign district as indicated on Schedule "A" attached. h) "erect" means the placing of, installation of, or arranging for the placing or installation of, the renting of, or leasing of a portable sign, temporary sign or mobile sign.
Page 2of10 i) "feather banner sign" shall mean a sign constructed of non-rigid material attached to the ground and supported on a rigid curved pole but does not include a flag. j) "frontage" means that side or limit of the lot that abuts directly on a street or highway. k) "grade" means the average elevation of the finished surface of the ground at the base of the building, sign or sign structure, but does not include any embankment specifically installed for the portable sign. I) "height" means the vertical distance from grade to the highest point of the portable sign including the border or frame. m) "inflatable sign" means a sign or advertising device designed to be airborne and tethered to the ground, a vehicle or any other structure and shall include balloons and any other inflatable devices. Classification of Inflatable Sign shall not relieve it from any other sign classification of this By-law. n) "lot" means a parcel of land described in a registered deed or transfer or as shown in a registered plan of subdivision. o) "mobile sign" means a sign designed to be capable of being readily moved from one location to another and is usually built on a trailer or other solid platform which may include wheels but shall not include a sign painted on or attached to a vehicle where the principal sole function of the vehicle is the transportation of people, goods or other materials on a daily basis. p) "Municipal Law Enforcement Officer" means a person appointed by Council as a Municipal Law Enforcement Officer and shall also include an officer of the York Regional Police Service. q) "non-profit organization" means a club, society or association that is organized and operated exclusively for social welfare, civic improvement or other similar purpose; is not operated for profit; and no part of the income is available for the personal benefit of any member, shareholder or trustee. r) "number of signs" means that for the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where components of signs are displayed in a random manner without organized relationship, or where there is reasonable doubt about the relationship of said components, each component shall be considered to be a single sign. s) "open house real estate sign" shall mean a sign intended to direct traffic to a residence for sale or lease but shall not include a residential development sign. t) "owner" means a registered owner of lands and includes an owner, lease, tenant, mortgagee, agent in possession and/or the person in possession of any property. u) "person" means an individual, property owner, association, firm, partnership, corporation, trust, incorporated company, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context may apply according to law. v) "portable" means a free standing sign erected on but not permanently anchored to the ground and includes, but is not limited to, signs commonly referred to as A-frame sign, T-frame sign, banner sign, feather banner sign,
Page 3of10 inflatable sign or sandwich board but shall not include a temporary sign or mobile sign. w) "property line" means the legal boundaries of a property. x) "real estate sign" means a temporary non-illuminated sign installed, erected or displayed for the notification that the premises or portion thereof is available for or offered for sale, rent or lease, but shall not include residential or non-residential development signs. y) "setback" means the minimum (unless specified otherwise herein) horizontal distance measured perpendicular to a property line and/or another sign. z) "shopping centre" means a group of commercial uses which have been designed, developed and managed as a unit by a single owner or tenant, or a group of owners or tenants and distinguished from a business area comprising unrelated individual uses. aa) "sign" means any advertising or notification device and any visual medium including its structure and other component parts, which is used or is capable of being used to attract attention to a specific subject matter, other than itself, for identification, information, or advertising purposes. bb) "sign area" means the area of the face of the sign within a perimeter which forms the outside shape including any frame. cc) "sign owner" means the owner or lease of a sign, or his/her agent. Where there is no owner, lease or agent for a sign or such person cannot be determined with certainty, the sign owner shall be deemed to be the person or business having the use or major benefit of the sign, or if such person or business is unknown, the sign owner shall be deemed to be the registered owner of the premises upon which the sign is situated. dd) "special event" for the purposes of this bylaw shall mean an event organized or sponsored by a community service group, charity or non-profit organization for a charitable, social, cultural, promotional, fundraising or recreational purpose. ee) "temporary sign" means a sign comprised of a plastic (poly bag) sign sleeve or a corrugated plastic sign face and which is temporarily anchored to the ground. ff) "third party sign" means a sign that advertises goods, products, services or facilities that are not provided or available at the location where the sign is situated or that directs persons to a location different from that where the sign is located. gg) "Town" means The Corporation of the Town of Whitchurch-Stouffville. hh) "zone" means a designated area of land use defined in a zoning by-law of the Town ofwhitchurch-stouffville or by Ministerial Order. ii) "Zoning By-law" means the Zoning By-law for the Town of Whitchurch Stouffville, as amended from time to time. 2) GENERAL PROVISIONS a) No person shall place or erect a portable sign, mobile sign or temporary sign or permit a portable sign, mobile sign or temporary sign to be placed or erected, or allowed to remain on lands owned, rented or leased or occupied by them, other than in accordance with the provisions of this Bylaw.
Page 4of10 b) No person shall erect, install, post, display or maintain any sign on a premises within the Town for which a sign permit is required and has not been obtained. c) Unless otherwise expressly provided for in this By-law, no person engaged in a business shall erect, install, post, display or maintain or cause to be erected, installed, posted, displayed or maintained any sign on any premises except on the premises upon which such business is located and provided the written consent of the Owner of the property is obtained. d) The owner of the lands or premises upon which any sign or advertising device is located shall maintain or cause such sign or advertising device to be maintained in a proper state of repair so that such sign or advertising device does not become an unsafe sign or unsightly in the eyes of the Clerk or designate. e) Nothing in this By-law limits or prohibits the Town, public authority or government agency from requiring a permit or approval for a portable, mobile or temporary sign under other applicable legislation, regulation or by-law. 3) PROHIBITIONS a) Signs are not permitted on public lands except for: i) open house real estate signs. Such signs must display the address, date and time of the open house and must be located within a 1 km radius of the location of the open house. ii) signs authorizing special events in accordance with section 10. b) No person shall erect or maintain a sign upon a lot or premises unless it advertises or provides information with respect to a use that is permitted under the Zoning By-law for the lot or premises on which the sign is situated, except for: i) open house real estate signs. Such signs must display the address, date and time of the open house and must be located within a 1 km radius of the location of the open house. ii) signs authorizing special events in accordance with section 10. c) Signs which incorporate in any manner any flashing or moving illumination which varies in intensity or which varies in colour or signs which have any visible moving parts, visible mechanical movement of any description, or other apparent movement achieved by electrical pulsations or by actions of wind currents. d) Signs painted on, attached to, or supported by a tree, stone, or other natural object, or utility pole. e) Any sign displaying advertising which is not in accordance with the most recent edition of The Canadian Code of Advertising Standards. 4) EXEMPTIONS The following signs may be erected without a permit. a) A portable sign, mobile sign or temporary sign erected by or on behalf of the Town, the Region or any Federal or Provincial authority. b) A portable or temporary sign having a sign face not greater than 0.4 square metres erected on privately-owned property. c) A warning sign with a sign face not greater than 0.2 square metres that indicates a caution such as "No Trespassing".
Page 5of10 d) A flag, emblem, decoration or insignia used only for the identification of a nation, province, country, municipality, school, sorority or fraternity, political or religious group or holiday. e) Portable real estate signs not exceeding 0.5 square metres in sign area in a residential zone and not exceeding 2.0 square metres in sign area in other zones, which advertise the sale, rental, or lease of the premises upon which said signs are located, during the period the premises are for rent, sale or lease. I) Portable, mobile or temporary signs not exceeding 3.0 square metres in sign area per sign face advertising the sale of edible farm produce produced on the same premises. Such signs shall be limited to one (1) double faced sign or two (2) single faced signs per premises. Such signs shall be removed within ten (1 O) days of the date when the advertised produce, produced on the premises, ceases to be available for sale. g) Portable subdivision development signs located on the premises which are for sale and which have been approved by the Town through a fully executed agreement and which signs are associated with the sale of new residential units. Such signs shall advertise only the subdivision concerned and not the realtor's, landowner's or developer's business in general. 5) A-FRAME SIGNS A-frame signs are permitted on properties in commercial, employment, or institutional zones, without a permit, and are subject to the following restrictions: a) Limited to one (1) A-frame sign per premises. b) Where businesses are located in a shopping center, a maximum number of 1 A-frame sign permitted per business provided all setback requirements are met as per section 5 h). c) Located entirely on private property. d) Removed to an indoor location no later than the time of closing of the business for which the sign displays advertisement and not replaced until opening of the business the next day. e) Not be placed so as to obstruct the view of drivers of Vehicles or the movement of pedestrians on a side walk. I) Not to exceed a height of 1.25 metres and a maximum width of 0.8 metres. No sign shall exceed 0.70 square metres in area per side. g) Anchored in place through weight or other support so as to prevent incidental movement of the sign through the impacts of wind. h) Meet the following Setbacks: i. 3 metres from any other A-frame sign or driveway entrance; ii. 1.5 metres from any property line; iii. if located on a sidewalk or common walk way on private property, shall be placed in such a way as to allow a minimum clearance of 1.5 m to allow pedestrians to pass; and iv. not be located within an entrance, parking space or aisle, or planting bed. i) Notwithstanding sections 5 b) and I) above, in the case of a building in which the main front wall is located within 1.5 m of a highway or sidewalk under Town jurisdiction, one (1) A-frame sign may be located between the curb and the highway or sidewalk adjacent to the main front wall of the building, or where
Page 6of10 no curb exists, such sign may be erected on the outer edge of the untraveled portion of the highway, subject to the following conditions: i) Where an A-frame sign is proposed to be sited on a municipal sidewalk, the sign placement must provide for a minimum clearance of 1.5 m for pedestrian traffic; and ii) Where a sign is proposed to be located on municipal property, the owner of said sign shall provide a letter of indemnification for the Town to be held safe and harmless and that the Town be added to the owner's insurance for liability in the amount of $2,000,000.00. j) The Municipality may at its exclusive discretion for reasons of public safety remove any A-frame sign located on public lands. 6) BANNER SIGNS Banner signs are permitted on properties in commercial, employment, or institutional zones, provided that a valid sign permit is obtained from the Town and are subject to the following restrictions: a) Permit shall be issued for a period not exceeding 30 days. b) Not more than 8 permits may be issued for same business at the same location in any calendar year. Such permits may be issued for consecutive periods of time. c) Where premises are occupied by more than one owner or tenant, only one permit shall be issued for the same period of time. d) Each wall mounted sign shall not exceed 3.5 square metres in sign area. e) Sign must not be located lower than 2.4 metres from the grade of the premises. f) Sign must not extend over any portion of a highway or public thoroughfare except for special event signs approved by the Town. g) Upon the expiry of a permit for a banner sign, the banner sign must be immediately removed. 7) FEATHER BANNER SIGNS Feather banner signs are permitted on properties in commercial, employment, or institutional zones, provided that a valid sign permit is obtained from the Town and are subject to the following restrictions: a) Permit shall be issued for a period not exceeding 30 days. b) Not more than 2 permits may be issued for same owner, tenant, or occupant, at the same location in any calendar year. c) Where premises are occupied by more than one owner or tenant, only one permit shall be issued for the same period of time. d) Each sign shall not exceed 3.5 square metres in sign area and height not to exceed 2.4 meters. e) Signs are not located within 1 metre from the edge of a curb, a sidewalk that abuts a curb or a shoulder of a highway. f) A maximum number of 5 feather banner signs permitted per property and not located within 5 metres of another feather banner sign or an adjacent property line.
Page 7of10 g) Upon the expiry of a permit for a feather banner sign, the feather banner sign must be immediately removed. h) Not permitted in Downtown Stouffville as per Schedule "A". 8) INFLATABLE SIGN Inflatable signs are permitted on properties in commercial, employment, or institutional zones, provided that a valid sign permit is obtained from the Town and are subject to the following restrictions: a) Permit shall be issued for a period not exceeding 30 days. b) Where premises are occupied by more than one owner or tenant, only one permit shall be issued for the same period of time. c) Not more than 2 permits may be issued for same owner, tenant, or occupant, at the same location in any calendar year. d) Power cords and/or supporting devices for inflatable signs shall not be placed on or over parking areas or pedestrian areas. e) Inflatable signs shall not be placed on a parking space, aisle, or pedestrian areas. f) Upon the expiry of a permit for an inflatable sign, the inflatable sign must be immediately removed. g) Not permitted in Downtown Stouffville as per Schedule "A". 9) MOBILE SIGNS Mobile signs are permitted on properties in commercial, employment, or institutional zones, provided that a valid sign permit is obtained from the Town and are subject to the following restrictions: a) Not more than 2 permits may be issued for same owner, tenant, or occupant, at the same location in any calendar year and permit shall be issued for a period not exceeding 15 days. b) Where premises are occupied by more than one owner or tenant, only one permit shall be issued for the same period of time. c) Notwithstanding section 9 (b), for lots other than corner lots with a street line greater than 100 metres or for corner lots with a street line of more than 25 metres, not more than 2 mobile signs will be permitted at any one time provided all other setback requirements are met. d) The sign must meet the following setbacks: i. 15 metres from an intersection or traffic signal; ii. 3 metres from any driveway or property line; iii. 30 metres from any other mobile sign; iv. for a corner lot, each sign shall be on different street lines. e) Sign shall have a maximum of two (2) sign faces and no one sign face shall have an area of greater than 4.5 square metres. f) Sign shall not exceed 2.45 metres in height from grade. g) Signs shall not be erected in a parking space. h) Upon the expiry of a permit for a mobile sign, the mobile sign must be immediately removed.
Page 8of10 i) Not permitted in Downtown Stouffville as per Schedule "A". 10) TEMPORARY SIGNS Temporary signs are permitted for Special Events as defined in this By-law and may be placed on public lands, provided that a valid sign permit is obtained and are subject to the following restrictions: a) A sign permit for a Special Event shall be issued for a maximum of 21 days prior to the date of the Special Event. b) Signs must be removed no later than 48 hours after the Special Event. c) Sign shall have a maximum of two (2) sign faces and no one sign face shall have an area of greater than 0.37 square metres. d) A maximum of 50 temporary signs per permit shall be allowed within the Town. e) The sign must meet the following setbacks: i. 15 metres from an intersection or traffic signal; ii. 3 metres from any driveway or property line; iii. 10 metres from any other temporary sign. f) May not contain commercial advertisement except to identify sponsors of the event. g) Prior to issuing a permit, the Town may request appropriate documentation confirming the status of a charity or non-profit organization. h) Where a sign is proposed to be located on municipal property, the owner of said sign shall provide a letter of indemnification for the Town to be held safe and harmless and that the Town be added to the owner's insurance for liability in the amount of $2,000,000.00. 11) APPLICATION REQUIREMENTS FOR A SIGN PERMIT An applicant for a portable sign, mobile sign, banner sign, feather banner sign, inflatable sign or temporary sign permit shall provide the following to the Clerk or designate: a) One completed copy of the permit application form as prescribed by the Clerk or designate. b) A diagram showing the street lines and boundaries of the property upon which the portable sign, mobile sign, banner sign, feather banner sign, inflatable sign or temporary sign is proposed to be erected and the location of the portable sign, temporary sign or mobile sign upon the property in relation to other signs and structures upon the property. If required by the Clerk or designate, such diagram and information shall be certified by a registered Ontario Land Surveyor. c) A letter of consent from the owner of the property or the property manager/agent authorizing the applicant or tenant to erect a portable or mobile sign(s) in compliance with municipal by-laws. 12) REVOCATION OF PERMIT A permit may be revoked by the Town under any of the following circumstances: a) Where the sign does not conform to this by-law and amendments thereto.
Page 9of10 b) Where the sign does not conform to any regulation, law or requirement of any governmental authority having jurisdiction over the area where the sign is situate. c) Where the permit has been issued as the result of false or misleading statements, or undertakings in the application. d) Where the permit has been issued in error by the Town. 13) FEES a) Municipal fees for administration and enforcement activities under this by-law shall be subject to the rates and fees set out in the Town of Whitchurch Stouffville's current Fees and Charges By-law as amended from time to time or any successors thereto. b) Application fees shall be paid upon submission of an application. 14) ENFORCEMENT AND REMOVAL OF SIGNS a) Where a portable sign, mobile sign, banner sign, feather banner sign, inflatable sign or temporary sign is erected, displayed, altered, repaired, or is not maintained, in contravention of the provisions of this By-law, such sign shall be removed at the direction of the Town without notice, at the expense of the sign owner. b) Where the number of portable signs, mobile signs, banner signs, feather banner signs, inflatable signs or temporary signs erected or displayed on a premises exceeds the restrictions for those premises, the excess signs will be removed without notice at the expense of the sign owner. c) Signs so removed shall be stored by the Town for a period of not less than 30 days, during which time the owner, or his agent, may be entitled to redeem the sign upon receipt by the Treasurer of the Town of the fee for removing the sign and if applicable, a per diem storage charge as set out in the Town of Whitchurch-Stouffville's current Fees and Charges By-law as amended or any successors thereto. 15) PENAL TIES a) Every person who contravenes a provision of this By-law, including an order issued under this By-law, is guilty of an offence. b) If an order has been issued under this By-law, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with. c) Every person who is guilty of an offence under this By-law shall be subject to the following penalties: i. upon a first conviction, to a fine of not less than $100 and not more than $50,000; ii. upon second or subsequent conviction for the same offence, to a fine of not less than $200 and not more than $100,000; iii. upon conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000; iv. upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100 and not more
Page 10of10 than $10,000. The total of all fines for each included offence is not limited to $100,000. d) For the purposes of this By-law, "multiple offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law. e) For the purposes of this By-law, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. 16) SEVERABILITY If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By-law and it is hereby declared that the remainder of the By-law shall be valid and shall remain in force. 17) CONFLICT WITH OTHER BYLAWS Where there is a conflict or a contradiction between this by-law and the provisions of any other by-law of the Town, the provisions of this by-law shall prevail. 18) EFFECTIVE DATE This By-law shall come into effect and force on January 1, 2017. READ a first and second time this 20'h day of December 2016. READ a third time and passed this 20'h day of December 2016. ///"", ~ _.// ) ~,'J/1/&'L.1~ stin Altmann,
Schedule "A" to By-law 2016-165-RE l ~ l Recreation Lane vi.. \\\ \ -:, \ \.,, w V ra Lynn C. mnt HD 1111111111111 I 1 l 1 l 11111 Christian Hoover Drive Town of Whitchurch-Stouffville Schedule "A" lo Sign By-low 2016-165-RE - Special Sign District Known as "Downtown Stouffville"..:::::11-==-----.. ======::1111... m Produced By: D.,v,.lopme!tl Ser.lee Copyrigl!I, Town or Whltchurch Sloull\lll!e @Copyright. T11e Regl<>nal Munlclpollly o!yorl< Q 0 50 100 200 300 400 alh \ \ff>.1>2 P" \g; \GIS_P OJ~IS\ DEM.l!JMEN"\ PlANNING_!UIU><NG\ <;OUNCIL_RfPOl!J\201' \CIC 201 i 02 o.:1 ign ~y.low 20 \,.012 E1201'.01-18_Slgn!ylawSokodul~l.m O