2005-118 To Regulate Signs and other Advertising Devices and to Repeal By-laws No. 99-2 and 2005-054THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2005 -118
Being a By -Law to Regulate Signs and other Advertising Devices
And to Repeal By -laws No. 99 -2 and 2005 -054
WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s. 11 (1)7 authorizes a
municipality to pass by -laws respecting signs;
AND WHEREAS Council deems it appropriate to regulate signs and other advertising
devices and the posting of notices on buildings, vacant lots, or property of public utilities
within the municipality;
THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as
follows:
Title and Scope
This By -law shall be known and cited as the "Sign By -law" and shall apply to the entire
area of the Township of Oro - Medonte.
2. Definitions
Alter - means any change to the sign structure or sign face, with the exception of a
change in the message being displayed or repair and maintenance.
Building Code - means the Building Code Act, 1992, Regulation 403197 as amended.
Council - means the Council of the Corporation of the Township of Oro - Medonte.
Frontage - means the horizontal distance between the side lot lines, with such distance
being measured perpendicularly to the line joining the mid -point of the front lot line with
the mid -point of the rear lot line at a point on that line eight metes (26.2 ft.) from the
front lot line. In the case of a lot with no rear lot line, the point where two (2) side lot
lines intersect shall be the point from which a line is drawn to the mid -point of the front
lot line. In the case of a corner lot with a daylighting triangle, the side lot line shall be
deemed to extend to its hypothetical point of intersection with the extension of the front
lot line for the purposes of calculating lot frontage.
Internal Signs - means signs contained within the interior of a building, usually not
visible from off the premises on which the sign is located.
Public Highway - means a highway as defined under the Highway Traffic Act, as
amended from time to time.
Sign - means any visual medium, including its structure and component parts, which is
used or is capable of being used to draw attention to a specific matter for identification,
information, advertising, service, activity, person, business, product, good, or location
thereof.
Sign area - means the total area in square metres of the surface of a sign including the
border and /or frame.
Township - means the Township of Oro - Medonte.
Trailer - means anything which can be or was at one time towed by a motor vehicle,
has or had at one time wheels, and can be or was at one time used to haul goods.
Zone - means a zone established by the Township's Comprehensive Zoning By -law, as
amended from time to time.
3. Administration of the By -law
3.1 Permits Required
Except for signs referred to in Section 4, no person shall erect, display, repair, or
alter a sign unless a permit is obtained from the Chief Building Official.
3.2 Application for Permit
The applicant for a sign permit shall submit:
a) an application on a prescribed form prepared for that purpose;
b) scale drawings and specifications of sufficient detail and quality as is
necessary to ascertain whether or not the sign and its structure will be in
compliance with this By -law and /or the Ontario Building Code;
c) the approval of other authorities having jurisdiction (i.e. Ministry of
Transportation, County of Simcoe); and
d) existing utilities should be plotted on the scale drawings, i.e. overhead hydro
and Bell Telephone
3.3 Revocation of Permit
A permit may be revoked by the Township under the following circumstances:
a) where the sign does not conform to this By -law;
b) where the sign does not conform to any regulation, law, or requirements of
any government authority having jurisdiction over the area where the sign is
situated;
c) where the permit has been issued as the result of false or misleading
statements, or undertakings, in the application; or
d) where the permit has been issued in error.
3.4 Fees
A fee as approved in the Township of Oro - Medonte Fees and Charges By -law
shall be paid to the Township of Oro - Medonte at the time of application for a sign
permit.
3.5 Removal of Illegal Signs
If such a sign is erected or displayed in contravention of the provisions of this By-
law, the sign may be removed immediately without notice, at the owner's expense.
Where a sign has been removed by the Municipality, such sign may be destroyed
or otherwise disposed of.
3.6 Penal
Every person who contravenes any provision of this By -law is guilty of an offence
and shall be liable to a fine in the amount to be determined pursuant to the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, and every such fine is
recoverable under the Provincial Offences Act.
The conviction of an offender upon the breach of any provision of this By -law shall
not operate as a bar to a prosecution against the same offender upon any
continued or subsequent breach of any provision, and a Judge /Justice may convict
any offender repeatedly for continued or subsequent breaches of the By -law, and
the provisions of the Municipal Act, 2001, S.O. 2001, c.25, Section 442, as
amended from time to time, shall further apply to any continued or repeated
breach of this By -law.
3.7 Severability
If any court of competent jurisdiction finds that any of the provisions of this By -law
are ultra vires the jurisdiction of the Township, or are invalid for any other reason,
such provisions shall be deemed to be severable and shall not invalidate any other
provision of this By -law which shall remain in full force and effect.
4. Signs Permitted without a Permit
The following signs shall be exempt from the requirement of a permit:
• "No Trespassing" signs, or other such signs regulating the use of a property,
of no more than 0.5 square metres (5.4 sq. ft.) in area.
• Real estate signs which advertise the sale, rental, or lease of the premises or
lot upon which said signs are located, of no more than 0.5 square metres (5.4
sq. ft.) in area in residential zones and 2 square metres (21.5 sq. ft.) in area in
all other zones.
• Signs identifying an architect, engineer or other professional consultant,
contractor, or subcontractor, of no more than 0.5 square metres (5.4 sq. ft.) in
area in residential zones and 2 square metres (21.5 sq. ft.) in area in all other
zones.
• Identification signs bearing municipal address, estate names, or names of
occupants of the premises of no more than 0.25 square metres (2.8 sq. ft.) in
area in residential zones and 1 square metre (10.8 sq. ft.) in area in all other
zones.
• Signs directing and guiding traffic, parking, and public safety, but bearing no
advertising matter.
• Signs erected by a government or municipal agency or under the direction of
such agency and bearing no advertising, such as traffic signs and signals,
safety signs, signs identifying public schools and facilities, or signs to assist
commerce and the tourist trade,
• Election proclamations or notices under any legislation pertaining to elections
and election signs on private property during any election campaign providing
all such signs are erected and removed in accordance with the provisions as
contained in the Municipal Election Act, as amended from time to time.
• Signs that are used in conjunction with patriotic, religious, or charitable
organizations.
• Temporary signs that are used in conjunction with special events provided
they are displayed a maximum of fourteen (14) days prior to the event and
removed within one (1) week after the event.
• Signs that are used to advertise the sale of fresh farm products; of no more
than 2 square metres (21.5 sq. ft.) in area.
• Internal signs.
5. Prohibited Signs
No person shall erect, install, post, display, maintain or keep on a premises any of
the following types of signs:
• Signs which incorporate in any manner any flashing or moving illumination
which varies in intensity or which varies in colour, and signs which have any
visible moving parts visible mechanical movement, or other apparent
movement, other than that involving the time or temperature.
• Signs which, by reason of size, location, content, or colouring obstruct the
vision of drivers or detract from the visibility or effectiveness of any traffic sign
on public highways.
• Signs located so as to obstruct or impede any required fire escape, fire exit,
walkway, door, or window or so as to prevent or impede free access of
firefighters to any part of a building.
• Signs on or over public property or public rights -of -way, unless erected and
approved in writing by a government agency having jurisdiction.
• Signs painted on, attached to, or supported by a tree, stone, or other natural
object, or utility pole located on a Township road allowance and /or public
lands.
• Signs painted on or attached to trailers and /or any part of a dismantled motor
vehicle whether or not it is licensed or on wheels.
6. General Provisions
6.1 Compliance with Site Plan Agreements
Where an approved site plan agreement provides standards for signage, and the
signs for development comply therewith, such signs shall be deemed to comply
with this By -law.
6.2 Compliance with the Zoning By -law
No person shall erect or maintain a sign upon a parcel of land or building unless it
is accessory to a use that is lawfully being operated on such land in accordance
with the Township's Comprehensive Zoning By -law, as amended.
6.3 Signs Permitted by Permit in Commercial and Industrial Zones
a) Building Sign - a sign which is erected against the wall of a building.
Building signs may be erected on each wall of a building but shall cover no
more than five (5) percent of the total area of a building face, unless
otherwise approved by the appropriate authority.
b) Canopy Sign - a sign applied to the surface of a canopy; not necessarily
attached to a building, which does not extend horizontally or vertically past
the limits of the awning.
c) Ground Standing Sign - a freestanding vertical sign which may be supported
by a permanent column(s) and foundation in the ground.
d) Illuminated Sign — a sign that provides artificial light directly or through
transparent or translucent material, from either a source of light incorporated
within the sign or by a light focused at the surface of the sign.
A business is limited to one or more illuminated signs which do not exceed 4
square metres (43 sq. ft.) in size in total.
e) Mobile Sign — a sign not permanently attached to a building, structure, or the
ground surface and is capable of being moved or relocated, and may display
lighted directional arrows.
A business is limited to one (1) mobile sign.
6.4 Signs Permitted by Permit in Residential Zones
Home Occupation Sign — a sign used to advertise an occupation conducted for
gain in a dwelling unit by the resident(s) of that dwelling unit.
• The home occupation use must be approved by the Municipality as complying
with the Township's Comprehensive Zoning By -law, as amended.
• A residence is limited to one (1) Home Occupation Sign.
• A Home Occupation Sign is limited in size to 0.5 square metres (5.4 sq. ft.) in
area.
6.5 Signs Permitted by Permit in the Agricultural /Rural (A/RU) Zone
a) Ground Standing Sign — a freestanding vertical sign which may be supported
by a permanent column(s) and foundation in the ground.
b) Canopy Sign - a sign applied to the surface of a canopy; not necessarily
attached to a building, which does not extend horizontally or vertically past
the limits of the awning.
c) Billboard Sign — a sign which advertises goods, products, services, or
facilities, not necessarily sold on the premises or lands upon which the sign is
located.
• Only one (1) Billboard Sign is permitted per lot.
• A Billboard Sign is limited in size to 1 (one) square metre (10.8 sq. ft.)
per each 1 (one) metre (3.3 ft.) of frontage of the property on which the
sign is to be erected up to a maximum of 60.39 square metres.
• Billboard Signs are considered to be structures and shall be set back
from lot lines no less than the minimum required distance for the main
use on the lot in accordance with the Township's Comprehensive Zoning
By -law, as amended, and a distance in accordance with the setback
standards as established by any other authority (Ministry of
Transportation, County of Simcoe, etc.), whichever is greater.
7. Non - Conforming Signs
Any sign lawfully erected or displayed before the day this by -law comes into force
may remain and be maintained notwithstanding that it does not conform with the
by -law, provided that such sign shall not be altered, unless the same shall either
conform or be made to confirm in all respects with this by -law.
8. Compliance with Other Authorities
In addition to any provisions contained within this by -law, where a sign is to be
erected on a property abutting a public highway maintained by the County of
Simcoe, such sign must also be erected in accordance with any provisions as
specified by the County of Simcoe, or where a sign is to be erected on a property
abutting a public highway maintained by the Province of Ontario, such sign must
also be erected in accordance with any provisions as specified by the Ministry of
Transportation. In the case where such sign falls under more than one provision,
the more restrictive provisions shall apply.
9. Maintenance
The owner, or agent, 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 unsafe or dangerous.
10. Materials and Structural Requirements
All materials incorporated into a sign shall comply with the relevant requirements of
the Ontario Building Code.
Signs and their structural members shall be designed to have structural capacity to
resist safely and effectively all effects of loads and influences from the environment
that may be expected, and shall in any case satisfy the requirements of the Ontario
Building Code.
11. Liability for Damages
The provisions of this by -law shall not be construed as relieving or limiting the
responsibility or liability of any person erecting or owning any sign from personal
injury or property damage resulting from the placing of such sign, or resulting from
the negligence or willful acts of such person, or their agent, in the construction,
erection, maintenance, repair, or removal of any sign erected in accordance with a
permit hereunder. Further, the provisions of this by -law cannot be construed as
imposing upon the Municipality, or its officers or employees, any responsibility or
liability by reason of the approval of any signs under the provisions of this by -law.
12. That By -law No. 99 -2 and By -law No. 2005 -054 be repealed in its entirety.
13. That this By -law shall come into full force and effect on its final passing thereof.
BY -LAW READ A FIRST AND SECOND TIME THIS 16 DAY OF NOVEMBER, 2005.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 16 DAY OF
NOVEMBER, 2005.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE