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HomeMy WebLinkAboutCSD-11-036 - Amendments to Municipal Code Chapter 680 (Signs)Staff Report KI R Community Services Department www1itchenerca REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: May 30, 2011 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Sheryl Rice, Development Technician (519- 741 -2844) WARD(S) INVOLVED: All Wards DATE OF REPORT: May 19, 2011 REPORT NO.: CSD -11 -036 SUBJECT: SIGN BY -LAW REVIEW CHAPTER 680 OF THE MUNICIPAL CODE RECOMMENDATION: A. That the proposed by -law attached to report CSD -11 -036, to repeal and replace the existing Sign By -law number 2007 -170, be adopted; and, B. That the new Sign By -law be incorporated into The City of Kitchener Municipal Code; and further, C. That the proposed new fee for banner signs and inflatable signs, as outlined in staff report CSD -11 -036, be approved as a change to the comprehensive schedule of fees and charges effective July 1, 2011. BACKGROUND: The current Sign By -law was approved by Council in 2007. At that time staff was directed to report back, at a future date, regarding the application of the new by -law including any recommendations for changes. Before completing this review of the by -law, staff were awaiting the approval of Regional Sign By -law #10 -030 which became effective July 31, 2010, in order to ensure that the City by -law conformed to the regulations of the Regional by -law. As well, in December 2010, a minor variance for a new sign type was taken to the Committee of Adjustment for approval. The new sign type is a Video Projection sign where images are projected by electronic means onto a building or surface. This new sign type is being incorporated into the new Sign By -law. The staff members that participated in the review of the Sign By -law were: Jeramie Lewis, Traffic and Parking Analyst Brian Page, Supervisor of Site Development Sheryl Rice, Development Technician Jennifer Sheryer, Assistant City Solicitor Lisa Thompson, Planning Technician Shayne Turner, Director of Enforcement REPORT: Since the implementation of the current by -law, staff have identified areas that would benefit from being improved and /or clarified. Appendix A, attached. is a detailed list of changes to the by -law. It is noted that there are no changes being proposed to the Portable Sign regulations. 4 -1 Staff Report KI R Community Services Department www1itchenerca Generally the revisions to the by -law are housekeeping changes to clarify, simplify and address issues identified by the sign industry, the public and staff during the past 3'/2 years. In addition, the following items are being proposed: 1) Automatic Changing Copy: - Reducing the separation distance from residential zones from 150 metres to 100 metres and only requiring the 100 -metre separation distance if the automatic changing copy is located on the same street as a residentially zoned lot within 100 metres. This will reduce the number of minor variance applications while continuing to ensure that residential areas located near the sign are not negatively impacted by the automatic changing copy. - Regulations stating that any automatic changing copy shall not contain flashing, intermittent or moving lights. The rate of change of the content of the copy shall be static for a minimum of six seconds, except on a Video Projection sign. This is to ensure that there is no impact or distraction to drivers. - Permit time, date, temperature and gas bar pricing on signs to a maximum of 0.5 square metres without the requirement of a separation distance. Again, this would eliminate the need for minor variances that have always been supported for this type of request. - Introduce illumination criteria (see Section 33 of the proposed by -law). The criteria will require a Lighting Engineer to certify in writing that the illuminance of the sign does not exceed the required meaurements contained in the formula noted in Section 33. As well, the signs containing automatic changing copy shall be equipped with a sensor that automatically determines ambient illumination and be programmed to automatically dim according to light conditions. This regulation will ensure that automatic changing copy signs to do not negatively impact surrounding properties. 2) Banner: - Permitting longer display time for banners and permitting their use in Institutional zones. 3) Fascia Sign: - Permitting more than two signs in institutional zones where there is a minimum frontage of 50 metres. - Permitting home businesses to have one fascia to a maximum area of 0.2 square metre (or one window sign permitted, but not both). - Signs in D -1, D -2 and D -3 (Downtown) zones may only have external illumination or backlit channel letters. 4) Ground Supported Sign: - Requiring only the civic number for addressing the sign (unless on a corner lot where the full municipal address is required). - Requiring the address to be located a minimum of 0.9 metre above grade to ensure visibility in all seasons. - Permitting more than two signs on an institutional lot where there is a minimum frontage of 50 metres. 5) Inflatable Sign: - Permitting longer display time for inflatable signs. 6) New Home Builder Sign: - This is a new sign type which has been incorporated from the Regional Sign By -law. 4-2 Staff Report ITCH I�TE Community Services Department wwwlitcheneua - Defined as: "a sign that is free - standing and provides directions to a new home development constructed by the new home builder at a location other than where the sign is located ". - Regulations detailed in Appendix A as well as Part 12 of the Proposed By -law attached. 6) Telecommunication Tower and Antenna Sign: - A new sign type, as required by the Telecommunication Tower and Antenna Protocol, to identify telecommunication tower compounds. 7) Window Sign: - Reducing maximum area of a window that may be covered /blocked from 50% to 25% to ensure that the interior of the building is not obstructed and therefore ensuring safety of the occupants and contents. - Permitting a Home Business use to have one window sign to have a maximum area of 0.2 square metre (or one fascia sign permitted, but not both). Video Projection Sign This is a new sign type and the proposed definition is: "a sign where video images are projected from an external source by electronic means onto a building or surface and may contain non - accessory copy ". The Video Projection sign has no physical structure as it is an image projected onto a surface and generally contains third -party (non- accessory) copy or graphics. Presently the only types of signs that permit third -party advertising are Billboard signs, Poster signs, Special Event Directional signs, and New Home Builder signs which are being incorporated from the Regional Sign By -law. It is noted that the Video Projection sign can only be viewed during evening hours. The regulations proposed are as follows. Video Projection signs: • shall not be located within 100 metres of a residential zone where the residential zone directly abuts the same street on which the sign faces; • shall not be located within 23 metres of a traffic signal or intersection; • shall not be located within 50 metres of another video projection sign; • shall be located a minimum of 7.5 metres above ground level; • permitted in D -1, D -2, D -3, C -6 and C -8 zones ; as well as all Industrial and Business Park zones; and, • in the event the sign is determined to be a traffic hazard by City and /or Region of Waterloo staff, the City shall have the right to revoke the sign permit with notice to the applicant. Staff has considered the impact of these signs on the streetscape, in particular driver distraction, and staff is of the opinion that the proposed regulations for Video Projection sign, as well as the modifications to automatic changing copy regulations, will ensure the safety of drivers and pedestrians. As well, concerns from the Downtown Advisory Committee were taken into consideration and they are addressed under the "Community Engagement" section of this report. Fee schedule for Banner and Inflatable Signs As the permitted display time for both Banner and Inflatable signs is to be extended, it is recommended that a new fee for both signs be implemented. The current fee for Banners signs 4 -3 Staff Report KI R Community Services Department www1itchenerca is $35.00 for a 14 -day permit and for Inflatable signs the fee is $3.45 per day. It is proposed that the fee for both sign types be identical to the current fee for Portable signs which is $70.00 for a 30 -day permit. It is recommended that the above noted fee changes be approved as a change to the comprehensive schedule of fees and charges effective July 1, 2011. Enforcement The approach to enforcement since the enactment of the current by -law in 2007 has been a combination of proactive programs for certain types of signs along with the typical complaint based approach. In addition, staff has initiated targeted projects with respect to certain sign categories on an issue based approach. Currently, there is one dedicated Sign Officer within the By -law Enforcement Division. The largest amount of staff focus continues to be on Portable signs, which includes enforcement as well as permit monitoring. In 2010, 2,703 permits were issued for this one sign category alone. Experience is showing that the use of this sign type will continue to grow, with a corresponding increase in permit monitoring. It is anticipated that the recently approved Program Assistant's position in Planning will result in increased efforts by Planning staff to conduct more field inspections to identify permanent signs that do not have the proper permits in place. Once the signs are identified, the information is sent to By -law Enforcement for investigation and enforcement. If the number of investigations forecast by Planning staff is realized, there could be a substantial impact on the By -law Enforcement officer's workload. This issue will be monitored as the field inspection initiative unfolds. Also, it is not clear yet as to what the impact on enforcement will be with respect to the changes proposed in this report, however it is anticipated that there will be an increase in time spent with inspections, for certain types of signs, (i.e. illumination criteria for automatic changing copy signs). Finally, a service level review has been initiated within the By -law Enforcement Division, looking at the capacity of the Division's various enforcement programs to meet the needs and expectations of the community. It is somewhat premature to forecast, however, the impact of the current and anticipated pressures on sign enforcement will be evaluated as part of this review. Staff will be reporting to Council once the results of the review are compiled and evaluated. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The Sign By -law aligns with the Quality of Life community priority by encouraging attractive and safe signage that enhances streetscapes. FINANCIAL IMPLICATIONS: The new fees and enhanced enforcement are expected to have a positive impact on revenues. Bylaw Enforcement workload impacts will be examined as part of a broader service level review that will be presented to Council at a later date. 4 -4 Staff Report KI R Community Services Department www1itchenerca COMMUNITY ENGAGEMENT: Planning staff have always encouraged open communication with the public and ongoing consultation with respect to the Sign By -law. Specific to this review of the by -law, a public information meeting was held Wednesday, April 13, 2011. Notice of the information meeting was placed in the Record and invitation letters were sent to the sign industry and all interested parties. At the meeting, staff presented the proposed changes to the by -law and solicited feedback. Copies of the comments received from the sign industry and the public are attached to this report as Appendix B. On May 12, 2011, the changes to the by -law that affect downtown properties were presented to the Downtown Advisory Committee (DAC). The committee was in agreement with the reduction of window sign coverage from 50% to 25% and the elimination of back lit signs. In regards to Video Projection Signs, the Downtown Action Committee had concerns about a proliferation of this new sign in the downtown area and concerns with the impression that the sign is similar to a billboard. In a vote of 6 to 3, the committee opposed this type of sign except for usage for events, such as community or special events. In response, staff would note that there is a 50 metre separation distance between signs and taking into consideration the fee ($1200 per year) and regulations such as distance from an intersection, staff feel that will not be an opportunity for a proliferation of such signs. The City's Legal Services division advises that we do not have the authority to control third party sign content due to the Canadian Charter of Rights and Freedom which guarantees rights of expression. An exception to this would be billboard locations that are owned by the City. In these areas we exercise some control through agreements. On May 17th, City staff discussed these changes with the Board of the Downtown Kitchener BIA. The Board passed a motion in support of the changes being proposed. In particular, they are in favour of the elimination of back lit signs, and may be willing to partner with the City to encourage businesses with existing backlit sign boxes to convert their signage to a permitted sign type. Notice of the May 30th Planning Committee meeting was placed in the Record newspaper on May 13, 2011. CONCLUSION: The proposed sign by -law changes will clarify existing regulations and also provide more flexibility for sign options to the business community and continue to allow for active enforcement of the signs that do not comply with the by -law. REVIEWED BY: Brian Page, Supervisor of Site Development ACKNOWLEDGED BY: Mike Seiling, Acting Deputy CAO Community Services Department Attachments: Appendix A — Detailed changes to the Sign By -law Appendix B — Public Correspondence Appendix C -Newspaper Ad Appendix D — Proposed Sign By -law 4 -5 APPENDIX A STAFF RECOMMENDATIONS FOR CHANGES TO THE SIGN BY -LAW Definitions: - clarification that billboard signs are only to be free - standing - modifying the definition of "incidental" sign to permit commercial names or logos - addition to the existing "illumination" definition to state that "downward illumination" means the sign is illuminated so as to prevent direct and indirect skyward lighting - new definition: "officer" means any municipal law enforcement or by -law officer - "window sign" — changing to also permit a window sign to be placed on the outside of a window - "campaign sign" has been renamed to "election sign" (as per Regional Sign By -law) General Regulations: - amending "automatic changing copy" regulation to: • reduce separation distance from a residential zone from 150 m to 100 m of any residentially zoned lot which is located on the same street as the sign containing the automatic changing copy. And added: The automatic changing copy shall not contain flashing, intermittent or moving lights and the rate of change in the content of the copy shall be static for a minimum of six seconds. • permit advertising of time, date, temperature and gas bar pricing information to a maximum size of 0.5 sq.m. provided that there is no scrolling or flashing of characters o automatic changing copy to conform to criteria as set out in Section 31 of the attached Proposed By -law - adding "banners" to the permitted signs in institutional zones - changing the maximum size of a window sign permit from 50% to 25% of the window area Banner Sign: - changing maximum display time from three permits a year (maximum of 14 days each) to six permits a year (maximum 30 day each) - changing size from a maximum of 6 m x 1 m to a maximum of 6 sq m permited - maximum of one sign per business - minimum separation distance between signs of 0.3 m - shall be attached to a building, except for banners erected over City streets at locations approved by Council 4 -6 Construction Information Sign: - permitting "construction information signs" to be attached to a fence provided outside of any required visibility triangles Election Sign (formerly Campaign Sign and renamed to correspond with Regional Sign By -law): - changing from maximum area of 1.5 sq.m. to maximum width 1 m by maximum length 0.9 m (as per Regional Sign by -law) Fascia Sign: - removing clearance requirement when sign is located over a vehicular area (as the sign will be on a building) - permitting more than two fascia signs on a property if in an institutional zone with a lot width of 50 m or greater - permitting a maximum of one window sign for a home business up to 0.2 sq.m. (or one fascia, but not both on the same property) - in D -1, D -2 and D -3 (Downtown) zones fascia signs to be externally down lit; unless the sign is constructed of individual channel letters, in which case, backlit illumination perm itted Ground Supported Sign: - removing maximum sign area calculation of 0.3 m for each 1 m of frontage (as this information is already contained in the chart that follows the regulation) - requiring the address of a property on signs located between a lot line abutting a street and the minimum building setback; and only requiring the civic number; unless a corner lot, in which case the full civic address required. Also, requiring the address to be located at least 0.9 m from grade, unless the sign is less than 0.9 m in height, in which case the address shall be at the top of the sign. Address to be located on all sign faces that have text /graphics. - permitting more than two ground signs on a property if in an institutional zone with a lot width of 50 m or greater; provided other regulations are met, such as separation distance Inflatable Sign: - changing display time from maximum of 45 days in one year to maximum of six permits a year (maximum 30 days each) New Home Development Sign - signs to be removed no later than when 90% of the development has occurred Posters: - to be removed within 30 days of date of posting (rather than 14 days) - to be removed within 72 hrs of the occurrence of an event advertised (rather than 48 hrs) (both items above as per Regional Sign by -law) 4 -7 Special Event Direction Sign: - maximum width of 0.65 m (rather than 1 m) - display time changed from 5 hrs in any 24 hr period to no earlier than 9 am and removed no later than 6 pm on the day of the event (both items, as per Regional Sign By -law) Window Sign: - maximum 25 percent of window to be covered (rather than 50 percent); - home businesses may be permitted a window sign (rather than a fascia sign; but not both) with maximum area of 0.2 sq.m. New types of signs: - "New Home Builder Sign" (to comply with the Regional Sign By -law) o definition: "a sign that is free - standing and provides directions to a new home development constructed by the new home builder at a location other than where the sign is located" o maximum width 1 m and maximum height 0.9 , o maximum of one sign for same new home builder, for each side of a road between two consecutive streets o must be located within 2 kim of new home builder development o to be displayed no earlier than noon on any Friday and removed no later than noon of the following Monday; exception of one extra day for holidays o may be erected on the boulevard of the City right -of -way (as per Regional Sign By- law) - "Telecommunication Tower and Antenna Sign" — are permitted, no sign permit required, and the regulations are contained in the City's Telecommunication Tower and Antenna Sign Protocol - "Video Projection Sign" • Shall not be located within 100 m of a residential zone where the residential zone directly abuts the same street on which the sign faces • Shall not be located within 23 m of a traffic signal or intersection • Shall not be located within 50 m of another video projection sign • Shall be located a minimum of 7.5 m from ground level • Permitted in D -1, D -2, D -3, C -6 and C -8 zones ; as well as all Industrial and Business Park zones • In the event the sign is determined to be a traffic hazard by City and /or Region of Waterloo staff, the City shall have the right to revoke the sign permit with notice to the applicant Permits: - a sign shall not be issued a Sign Permit unless a Certificate of Occupancy has been issued for the business use, as required by the Zoning By -law i UO a Q o o vc'ci cu 3 0> m ° o >� pa v3 na N >> @ a3'a m m x 6 c o a w o Na ° - 0 Q 0 O v ° O c o E N C v N O a N Q3 p O C U1 d > co 0 C U L U@ v N C 1O C N N Q @ O m .N � Os -m..�N U) ..0 O O o > E C O C ina C ANY j,N O "O T O 70 C ID N p O @ mo w �_a« 0 °c a T3_ m o o E o W @� U o -Cc, O.0 N y C 3 0° o a)) m `-° « �.E °i vOi ,� = E m _ v V C 0 v o m 0� v v 9 N m Q N N 3 c 0- a) « o aci o E a _ N N 3> do N_N 70 L ° N p c x c o v M> 'm v@ N ac 23 m v va) m o s t « -Ex0Y c a) ac v m N a) v c1r 0 L 0 `v - U U Z 3m .0) O .0 d s U -0 Q O N 'emu T a C: aj m. 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'E 0 - F-- 2 �x I '0 '5� u c� 15 0 a) Zi 0 S, E 0 C5 a I:_ u °' LU 6 o 0 — % w m o° Z w z CC, E 0 .q E > t-b El 0 -Z .2 o v "� Sc- v a) :5 cz a o m E E 0 0 0 0 a 11 a, > •(mv 0 0 is 5: -S a, l > (o 0 > 3 o v C) N u O'm -0 S E L s- a) m .5, 16 ? lu . m X" co 6 C, 0 m 0 w n.y I-- Ir 0 (11 , a) OR �n 0"o -S c u !6 M- t o = A Q 'ui 3: E IS •G Z5 ZD .21 -_ L m E E co E > , > r CT 0 0 m) t� cc o E ra c�, c: > -0 20 �g 7- 0 0 > 0 > 'I> 7-- 0 o 0 o W, Z5 t 0 -0 0 0 0 t 0 't 6, 5 o w 0 0 W�� co u E3 �� > LL U) < r- < > '6 =. o � 3: - - - 4-30 APPENDIX C PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS THE REPEALING AND REPLACING OF THE CITY'S SIGN BY -LAW 2007 -170 Sign By -law The City of Kitchener has undertaken a review of the existing Sign By -law (By -law 2007 -170) and is proposing to repeal this by -law and replace it with a new Sign By -law. The current by -law was approved in 2007 and the City is considering updates to the by -law with a number of housekeeping changes and minor revisions to various sections including: Definitions, General Regulations, specific sign types and Enforcement. As well, the by -law is to be brought into conformity with the Regional Sign By -law which was approved in 2010, and this includes a new sign type: New Home Builder Sign. Lastly, two other new sign types are proposed: Video Projection Sign and Telecommunication Tower and Antenna Sign. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, May 30, 2011 at 7:00 P.M. COUNCIL CHAMBERS, 2nd FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and /or verbal representation either in support of, or in opposition to, the above noted proposal. ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Friday afternoon prior to the meeting — click on the meeting date in the Calendar of Events), or in person at the Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Sheryl Rice, Development Technician — 519 - 741 -2844 (TTY: 1- 866 - 969 -9994) sheryl.rice(a)kitchener.ca Brian Page, Supervisor of Site Development - 519 - 741 -2318 (TTY: 1- 866 - 969 -9994) brian.page(a�kitchener.ca 4 -31 I_1 »: 1110' �7 BY -LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by -law to repeal and replace Chapter 680 of The City of Kitchener Municipal Code with respect to Signs.) WHEREAS Council has deemed it expedient to pass a by -law to regulate signs; NOW THEREFORE The Council of the Corporation of the City of Kitchener enacts as follows: PART 1 — PURPOSE AND DEFINITIONS 1. This By -law shall be known as the "Sign By -law ". 2. The purpose of this By -law is to regulate and enforce signs in the City of Kitchener 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 Kitchener by encouraging quality sign design; (e) are consistent with the City of Kitchener planning, urban design and heritage objectives; (f) do not create a distraction or safety hazard for pedestrians or motorists; (g) minimize adverse impacts on nearby public and private property; and, (h) provide commercial and industrial enterprises adequate and flexible means to identify themselves, their products or services, while recognizing that the primary function of signage is to identify rather than advertise. 3. In this By -law: "A -Frame Sign" means a specific type of portable sign. "abandoned sign" means a sign or sign structure which may have formerly identified, but no longer correctly identifies, the business, commodity, service or use presently 4-32 2 conducted, sold or offered on the lot. A sign shall not be deemed abandoned until 90 days after such activity is discontinued. "accessory sign" means a sign in which the copy relates to the use on the lot upon which the sign is located. "address sign" means a fascia or ground supported sign which has a maximum area of 0.2 square metres, contains no commercial message, and is intended solely to indicate municipal street address. "adult sex film theatre" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, the showing of films classified as adult sex films by the Ontario Film Review Board. "alteration" means any change to a sign structure or sign face but does not include the changing of copy in compliance with this By -law or the replacement of similar parts for maintenance purposes. "automatic changing copy" means copy or images on a sign, shown by any electronic means, and which may or may not change. For the purpose of this By -law, automatic changing copy shall include but is not limited to a video screen, television screen, read - o -graph or projected image. "awning" means a self- supporting structure which projects horizontally from the building face or wall and can be either retractable or non - retractable. "awning sign" means a sign painted on or affixed flat to the surface of an awning. "banner" means a sign of lightweight fabric or similar non -rigid material, displaying a message in words or symbols, but shall not include a recognized flag, awning sign, window sign, inflatable sign, or fascia sign. "billboard sign" means a free - standing sign advertising a business, use, product or idea not located on the same lot as the sign is located. "Bridgeport Business Park" means the lands described as Part 1 on Reference Plan 58R -1185, in the City of Kitchener; as shown on a map attached in Appendix A. "building elevation" means all exterior walls of a building facing the same direction. "building line" means the building setback from any property line for a structure, as set out in the applicable City Zoning By -laws. "canopy" means a non - retractable roof -like projection which projects horizontally from the building face or wall, extends across part or all of that building face or wall, or is a free - standing structure supported from the ground, and may be intended to provide shelter. "City" means The Corporation of the City of Kitchener 4-33 Q "commercial message" means any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity. "construction information sign" means any type of sign advertising construction, reconstruction, repair, renovation and /or development and may include the name of the project, the name and address of contractors, architects, engineers or consultants, and information or personnel related to the project. Construction information signs shall include signs commonly referred to as "Contractor Job Site" signs. "copy" means the wording, symbols or images on a sign. "corner visibility triangle" means a triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 7.5 metres from their point of intersection. A corner lot is a lot situate at the intersection of, and abutting two streets, or parts of the same street, the adjacent sides of which street or streets (or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees. "Council" means the Council of The Corporation of the City of Kitchener. "driveway visibility triangle" means a triangular area formed within a lot by the intersection of a driveway line and a lot line abutting a street or the projections thereof and a straight line connecting them 4.57 metres from their point of intersection. "election sign" means a sign used to advertise any person or political party participating in an election for public office. "encroachment agreement" means an agreement between the City and a Person to permit the erection or display of a sign on or overhanging public property. "erect(ed)" means attached, altered, built, constructed, re- constructed, enlarged, placed or moved. "fascia sign" means a sign constructed of rigid material, attached to and generally parallel to a wall of a building, a parapet, a canopy, or the sloping portion of a mansard or similar roof. "flashing sign" means a sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of illumination or an externally mounted light source. "fluorescence" means having inherent reflective qualities. "frontage" means the length of a lot line extending along each legally accessible public street or public lane, and shall include the length of a lot line abutting land owned by the City or the Regional Municipality of Waterloo or the Province of Ontario, which land is held by such public agency for future road widening purposes or as a 0.3 metre reserve. "grade" means the elevation of the ground directly beneath a sign 4-34 El "ground supported sign" means a free - standing sign which is permanently anchored in the ground. "Huron Business Park" means the lands bounded by Fischer Hallman Road, Bleams Road, Homer Watson Boulevard and Huron Road in the City of Kitchener; as shown on a map attached in Appendix A. "illumination" means lighting of a sign or advertising device, in whole or in part, by any artificial means and further: (a) external illumination means the sign reflects light from a light source intentionally directed upon it; (b) internal illumination means the sign is illuminated by light emitted from within the sign; (c) non - illuminated means the sign is not illuminated, either externally or internally; and, (d) downward illumination means the sign is illuminated so as to prevent direct and indirect skyward lighting. Full cutoff lighting that directs no light above the horizontal plane is required for downward illumination. "incidental sign" means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "drive- thru ", "telephone ", "private parking ", "entrance ", washroom ", "loading dock ", "staff only ", and other similar directives. All incidental signs shall have a maximum height of 0.9 metres and shall be permitted to display the name or logo of a use on the lot. "inflatable sign" means a sign designed to be inflated or airborne and tethered to the ground, a vehicle or any other structure. "Lancaster Corporate Centre" means the lands described as Parts 1 to 35 inclusive on Reference Plan 58R -7231 and Parts 1 to 5 inclusive on Reference Plan 58R -7150, in the City of Kitchener; as shown on a map attached in Appendix A. "lot" means a parcel of land which can be legally conveyed pursuant to section 50 of the Planning Act, R.S.O. 1990, c. P.13. Where two or more abutting lots under one identical ownership have been consolidated for the purpose of development, all such lots shall be deemed to be a single lot for the requirements of this By -law, and any setback requirements from lot lines shall apply only to the outer perimeter lot lines of the consolidated lot. "lot line" means the line formed by the boundary of any lot. "lot line visibility triangle" means a triangular area formed within a lot by the intersection of a lot line dividing two lots and a lot line abutting a street or the projections thereof and a straight line connecting them 4.5 metres from their point of intersection. "Mackenzie King Square" means the area bounded by Weber Street East, Queen Street North, Ellen Street East and Frederick Street; as shown on a map attached in Appendix A. "maintain" means to repair or refurbish a sign or sign structure. 4-35 5 "Mixed Use Corridor" is a land use designation in the City's Official Plan that promotes transit supportive development along select primary streets within the general central neighbourhood area. See maps as shown on the various maps attached in Appendix B. ,'mobile sign" means a specific type of portable sign. "new home builder sign" means a sign that is free - standing and provides directions to a new home development constructed by the new home builder at a location other than where the sign is located; "new home development sign" means a temporary non - illuminated ground supported sign which provides information on the sale or rental of new properties under development, relative only to the residential development on the lands of the developer on which the sign is located. "non- accessory sign" means a sign in which the copy does not relate to the lot upon which the sign is located and shall include signs commonly referred to as third -party signs. "officer" means any municipal law enforcement officer or by -law enforcement officer of the City . "Ontario Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 and Regulations thereunder, as amended. "parapet" (including parapet wall) means that portion of a building wall, which rises above the roof level of the structure. "pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind, but does not include banners or recognized flags. "person" shall include any association, partnership, corporation, municipal corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. "plaque" means a commemorative or identifying inscribed tablet. "portable sign" means a sign designed to be readily moved from one location to another and which does not rely on a building or fixed foundation for its structural support. This definition shall include but is not limited to signs commonly referred to as mobile or trailer signs, T- frame, A- frame, sandwich board and sidewalk signs. "poster" means a sign placed on street furniture. "progressive sign" means any two or more signs used in a series to convey a cohesive message. 4-36 M "projecting sign" means a sign constructed of either rigid or non -rigid material, attached to a wall, light standard, flag pole, free - standing pole or the underside of a canopy and further: (a) projecting signs constructed of rigid material shall have a copy surface that is generally not parallel to that wall, light standard, flag pole, free - standing pole or underside of the canopy; and, (b) projecting signs constructed of non -rigid material shall have a copy surface that can be either generally parallel or generally not parallel to that wall, light standard, flag pole, free - standing pole or under side of the canopy. "real estate sign" means a temporary non - illuminated ground supported sign or fascia sign that advertises the sale, rental, or leasing of all or a portion of any property or premises. "Region" means the Regional Municipality of Waterloo. "Retail Core" means areas zoned D -1, D -2 and D -3 in the City's Zoning By -law; as shown on a map attached in Appendix A. "roof sign" means a sign erected upon or directly above the roof of a building. "sandwich board sign" means a specific type of portable sign. "sidewalk sign" means a specific type of portable sign. "sign" means any device, object or thing which directs attention to or which is designed to convey a message and that is placed for the purposes of advertising goods and services offered, identifying a business or enterprise or for conveying any other type of message and, without limiting the generality of the foregoing, this definition includes posters and the types of signs specifically defined in this section. "sign area" means the smallest square, rectangle, triangle, or combination thereof that will encompass the extreme limits of the largest silhouette of a sign face visible at any one time, and shall include any writing, representation, emblem, or other display, together with any material or colour forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing. "sign clearance" means the vertical distance measured from finished grade directly beneath the sign to the bottom of the lowest attached component of the sign, exclusive of any supporting structure. "sign face" means that portion of the sign, excluding the supporting structure, where copy can be placed. "sign height" means the vertical distance from the base at finished grade to the top of the highest attached component of the sign. 4-37 I "sign structure" means a structure which is intended to support, or be capable of supporting, any sign, and which in turn is supported by the ground, a building or a structure which is not an integral part of the sign. "special event directional sign" means a free - standing sign which is used solely for the purpose of directing traffic to the location of a special event. Without limiting the generality of the above, this definition shall include signs commonly referred to as real estate "open house" or "model home" signs. Such signs may include the nature of the event, name of the event holder and the location, arrow pointing to the event and /or time of the event, but shall contain no other commercial message. "street" means the road allowance or the right -of -way of a public road or highway, which includes the area between the lateral lot lines thereof. "street line" means the lot line abutting the lateral limit of a street. "subdivision sign" means a sign required as a condition of approval of a Plan of Subdivision under the Planning Act, R.S.O. 199, c. P. 13. "T -frame sign" means a specific type of portable sign. "telecommunication tower and antenna sign" means a sign that identifies the owner /operator and contact information for a telecommunication tower. "tower sign" means a freestanding, permanently anchored, four -sided sign which contains mechanically driven rotating display panels and may contain an area devoted to permanent copy. "trailer sign" means a specific type of portable sign. "video projection sign" means a sign where images are projected from an external source by electronic means onto a building or surface and may contain non - accessory copy. "window sign" means a sign placed inside a building visible through a window or placed on the inside or outside of a window but shall not include the display of goods for sale. "zone" means those specific land use areas which relate to the Zoning By -laws for the City and those specially defined areas identified by this By -law. "Zoning By -law" means the Zoning By -laws of The Corporation of the City of Kitchener. PART 2 — GENERAL REGULATIONS 4. In this By -law, unless the contrary intention appears, words importing the singular number or the masculine gender only, shall include more persons, parties or things of the same kind than one, and females as well as males, and the converse. 5. In this By -law, the word "shall" is to be construed as being always mandatory. 4-38 :3 6. No person shall erect, display, alter, cause or permit to be erected, displayed or altered any sign which does not comply in all respects with the provisions of this By -law, provided that the maintenance and repair of a sign or a change in the copy displayed shall be deemed not in itself to constitute an alteration. 7. This By -law does not apply to a sign that was lawfully erected or displayed on the day this By -law comes into effect if the sign is not substantially altered, and the maintenance and repair of the sign or a change in the copy, message or contents displayed shall be deemed not in itself to constitute a substantial alteration. 8. Every property owner shall ensure that any sign on their property complies with this By- law and shall forthwith remove any sign that does not comply with all provisions of this By -law. 9. Signs that are not specifically permitted in this By -law are prohibited. 10. This By -law shall not apply to: (a) signs within an enclosed structure, except window signs; (b) signs installed by or on behalf of the City, the Region, the Province of Ontario or the Government of Canada for the purpose of regulating parking or traffic; (c) plaques placed by historical agencies of the City, the Region, the Province of Ontario or the Government of Canada; (d) election proclamations or notices under any Election Act or any voters list under a statute in that behalf; (e) signs installed by or on behalf of the Region in or on public transit shelters and on bus stop benches. 11. In the event of a conflict between the provisions of this By -law and the provisions of any Zoning By -law prescribing sign requirements, the provisions of this By -law shall prevail. 12. The City may, for public service purposes, erect or use any type of sign permitted by this By -law in any zone in which such sign type would otherwise be prohibited, subject to the sign being in full compliance with the regulations prescribed for such sign type. Such signs shall not require a sign permit. 13. Any sign which is erected after the date of passage of this by -law, which does not comply in all respects with the provisions of this By -law, shall be made to comply with this By -law or be removed by the owner. 14. Signs shall not be erected, posted, displayed, or caused or permitted to be erected, posted or displayed upon any property without the consent of the owner of such property. 15. Signs shall not project over a street or public lane unless authorization is obtained from Council. 16. Except where permitted by this By -law, signs shall not be attached to, or painted onto, or caused or permitted to be attached to or painted onto a fence or board, tree, post, pole, or light standard; or any structure, when visible from any street. 17. Signs shall not be painted on the exterior brick, block or cladding of any building. 4-39 9 18. Signs shall not be erected, posted, displayed, or caused or permitted to be erected, posted or displayed in such a way as to: (a) obstruct pedestrian or vehicular traffic; (b) obscure clear visibility of normal approaching pedestrian or vehicular traffic; (c) by nature of the colour, shape, operation, content, illumination or location thereof, be confused with any traffic control sign, signal or device, or obscure the visibility or effectiveness of a traffic control sign, signal or device; or (d) be located in a corner visibility triangle, driveway visibility triangle or lot line visibility triangle, except where permitted by this By -law. 19. Incidental signs may be erected or displayed within a corner visibility triangle, driveway visibility triangle or lot line visibility triangle subject to Section 18. 20. Signs shall not be erected or displayed in such a manner as to contact or interfere with the use of any municipal street lamp, power or telephone wires, or their support. 21. Signs shall not be erected or displayed in such a manner as to interfere with the free use of any fire escape, exit or standpipe. 22. All signs and sign structures shall be integrated with the site landscaping without interfering with the normal growth patterns of the plant material or the integrity of the landscape design. 23. All signs and sign structures shall comply with the requirements as set out in the Ontario Building Code, Regulation 350/06. 24. All electrical signs shall comply with the Safety Code, Ontario Regulation 164/99. Electrical wires accessory to signs are prohibited on parking lots, driveways and walkways. 25. All signs and sign structures proposed to be erected, displayed, altered or relocated on property designated under the Ontario Heritage Act, R.S.O. 1990, c.0.18, shall comply with the provisions of the Act with respect to alterations to property designated under section 29 or 34.5 of the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended or substituted from time to time; or property located within a heritage conservation district designated under section 41 of the Ontario Heritage Act, R.S.O. 1990, c.0.18, as amended or substituted from time to time. 26. All signs that use external lighting shall have downward illumination only. 27. No sign in any zone that directs light towards a residential property, or is within 30 metres of a residential property shall be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless: (a) the premises are open to the public; (b) the lights used to externally illuminate a sign are arranged to direct light away from adjacent properties and roads; and (c) the intensity of illumination between the hours of 10:00 p.m. to 6:00 a.m. is not more than 0.5 vertical or horizontal footcandles upon any residential property. 4 -40 10 The measurement of illumination at a residential property shall be taken at the residential lot line that is closest to the light source and measured at a height of 1.5 metres above ground level. 28. Subject to Council's approval, signs for public buildings, institutions, historical sites, educational facilities, or directory signs in the Retail Core may be erected on City streets. 29. Subject to Council's approval, signs may be displayed on playing field fences and scoreboards at Blockline Sportsfield, Budd Park, Centennial Stadium, Jack Couch Ball Park, Bridgeport Sportsfield, Woodside Park, Meinzinger Park, SW Optimist Sportsfields, Fischer Park, Heritage Greens Lawn Bowling Club, Lions Sportsfields, Breithaupt Park and Peter Hallman Ball Yard. 30. Signs within 400 metres of, and visible from, Highway #401, the Conestoga Parkway or Highway #8 between the KW Expressway and Highway #401, shall require the approval of the Ministry of Transportation of Ontario. 31. Signs within 3 metres of an electrical transmission line shall require the approval of Kitchener - Wilmot Hydro Inc. and /or the Electrical Safety Authority. 32. Automatic changing copy on a sign shall not be located within 23 metres of a street intersection or traffic light, or within 100 metres of any residentially zoned lot which is located on the same street as the sign containing the automatic changing copy. The automatic changing copy shall not contain flashing, intermittent or moving lights. The rate of change in the content of the copy shall be static for a minimum of six seconds, except on a Video Projection Sign. 33. Notwithstanding Section 32, automatic changing copy displaying the time, date, temperature and /or gas bar pricing, shall be permitted to maximum of 0.5 square metres provided that there is no scrolling or flashing of characters and that characters are displayed for a minimum of six seconds. 34. Notwithstanding Section 32, automatic changing copy shall conform to the following criteria and shall be certified in writing by a Lighting Engineer for the approval of the City's Supervisor, Site Development after the installation of the sign and before its operational use: (a) The illuminance of any automatic changing copy shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the automatic changing copy off, and again with the automatic changing copy displaying a white image for a full colour capable automatic changing copy, or a solid message for a single -color automatic changing copy. All measurements shall be taken perpendicular to the face of the automatic changing copy at the distance determined by the total square footage of the automatic changing copy as set forth in the accompanying Sign Area Versus Measurement Distance Formula in Subsection (d); (b) The difference between the off and solid- message measurements using the automatic changing copy measurement criteria noted above shall not exceed 0.3 footcandles; 4 -41 11 (c) All permitted illuminated automatic changing copy shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements; and, (d) The measurement distance is to be calculated with the following formula: Measurement Distance in Metres = JArea of Sign Sq.M. x 100 35. Except as otherwise provided in this By -law, display of the following signs are PROHIBITED in all zones: (a) flashing signs; (b) signs that advertise a business, product, activity or service, which are mounted, placed or displayed on any vehicle situated on any lot, except signs or lettering on vehicles currently in use as a means of transportation; (c) non - accessory signs (third party); (d) pennants, strings of flags or strings of exposed lights, except Christmas lights displayed during the holiday season; (e) progressive signs and wind driven signs; (f) signs advertising adult sex film theatres, except those signs erected and displayed in compliance with Sections 39(d) through 39(g) inclusive. 36. Except as otherwise provided in this By -law, the following signs are PERMITTED in all zones in accordance with regulations contained in this by -law: (a) address signs; (b) election signs; (c) construction information signs; (d) flags of recognized geo- political entities or corporate flags containing only the business name or logo and displayed only on the same lot where the business or use is located; (e) incidental signs; (f) real estate signs; (g) special event directional signs; (h) subdivision signs; Planning Application Notice signs, such as Official Plan Amendment and Zone Change Notices; and Proposed School Site signs; the type, form, size, content and location of which shall be approved by the City's Director, Planning; (i) window signs, provided they are non - flashing and do not block or cover more than 25 percent of the window area the sign is displayed on; Q) poster signs and notices; (k) new home builder signs; (1) new home development signs; (m) telecommunication tower and antenna signs; the form, size, content and location of which shall comply with requirements of the City's "Telecommunication Tower and Antenna Protocol ". 4 -42 12 PART 3 — PERMITTED SIGNS BY ZONING DESIGNATIONS 37. The following signs are permitted in the Retail Core: (a) awning signs; (b) banner signs; (c) fascia signs; (d) roof signs; (e) portable signs, except trailer or mobile signs; (f) projecting signs; (g) video projection signs. 38. The following signs are permitted in commercial zones and downtown zones other than the Retail Core: (a) awning signs; (b) banner signs; (c) fascia signs; (d) ground supported signs; (e) portable signs, except in the area defined as "Mackenzie King Square" in Section 3; (f) projecting signs; (g) roof signs, except in areas designated Mixed Use Corridor in the City's approved Official Plan or defined as "Mackenzie King Square" in Section 3; (h) inflatable signs; (i) tower signs, except in areas designated Mixed Use Corridor in the City's approved Official Plan or defined as "Mackenzie King Square" in Section 3; 0) video projection signs in the Arterial Commercial Zone (C -6) and the Commercial Campus Zone (C -8) zone only. 39. The following signs are permitted in industrial and business park zones: (a) awning signs; (b) banner signs (c) billboard signs; (d) fascia signs; (e) ground supported signs; (f) portable signs; (g) projecting signs; (h) roof signs; (i) inflatable signs; 0) tower signs; (k) video projection signs. 40. The following signs are permitted in residential, institutional and park zones: (a) fascia signs; (b) ground supported signs; (c) portable signs in institutional zones only, and erected in accordance with the regulations set out in the portable sign section. (d) banner signs in institutional and park zones only. 4 -43 13 41. The following signs are permitted in agricultural zones: (a) banner signs; (b) fascia signs; (c) ground supported signs. PART 4 - AWNING SIGN REGULATIONS 42. Unless otherwise provided in this By -law, awning signs shall only be erected in accordance with the regulations set out in this Part. 43. The minimum awning sign clearance shall be: (a) 2.44 metres when projecting over an area intended for pedestrian traffic; (b) 4.3 metres when within 0.6 metres of an area intended for vehicular traffic. 44. The total area of an awning structure shall not exceed 30 percent of the wall area on which the awning structure is located and the sign face shall not exceed 80 percent of the awning length. 45. Awning signs may be externally illuminated, internally illuminated or non - illuminated. 46. Awning signs shall not be placed or located to cover architectural features of a building or structure. Such features include but are not limited to windows, columns, doors, arches, coinings, cornices, casings, keystones, sills, gables, porticos, dentils or lintels. PART 5 - BANNER SIGN REGULATIONS 47. Unless otherwise provided in this By -law, banner signs shall only be erected in accordance with the regulations set out in this Part. 48. A banner sign shall require a permit when located on private property. 49. Each banner sign permit shall be valid for a period of thirty (30) continuous days. 50. A maximum of six (6) permits for banner signs may be issued for any one business or use in any calendar year per location. 51. No sign permit application for a banner sign shall be accepted for processing more than thirty (30) days prior to the effective date of the permit. 52. The maximum sign area of a banner sign shall not exceed 6 square metres and the banner sign shall be attached to a building, except for a banner sign erected over a City street at a location approved by Council. 53. The minimum sign clearance shall be: a) 0.0 metres when projecting over an area not intended for pedestrian or vehicular traffic; b) 2.44 metres when projecting over an area intended for pedestrian traffic; 4 -44 14 c) 4.3 metres when projecting over an area intended for vehicular traffic. 54. A banner sign shall not be placed or displayed over architectural features of a building or structure. Such features include, but are not limited to windows, columns, doors, arches, coinings, cornices, casings, keystones, sills, gables, porticos, dentils or lintels. 55. A maximum of one banner sign is permitted for any one business or use on a lot at any one time. 56. No banner sign shall directly abut another banner sign and a banner sign shall have a minimum separation distance of 0.3 metres from other signs. 57. Notwithstanding the other regulations set out in this Part 5, and subject to Council's approval, any number of banners advertising cultural or ethnic festivals, conferences, sporting events or other similar occasions may be displayed at authorized locations on any City property at any one time, provided they are not placed or displayed over architectural features of a building or structure. PART 6 - BILLBOARD SIGN REGULATIONS 58. Unless otherwise provided in this By -law, billboard signs shall only be erected in accordance with the regulations set out in this Part. 59. Billboard signs shall not be located within 150 metres of any residential zone. 60. The minimum clearance for a billboard sign shall be 2.44 metres and the minimum clearance for a billboard sign, when located within 0.6 metres of an area intended for vehicular traffic shall be 4.3 metres. 61. Billboard signs shall: (a) be located behind any building line setback and comply with all other yard requirements as set out in the applicable zoning by -law; (b) have a maximum height of 7.5 metres; (c) have a maximum area of 20 square metres. 62. In locations deemed appropriate by the City's Supervisor, Site Development, billboard signs shall be landscaped in accordance with a landscape plan approved by the Supervisor, Site Development. 63. Only one billboard sign structure, having a maximum of two (2) sign faces, erected either back to back or at an angle not exceeding ninety degrees, shall be erected on any one lot. 64. Billboard signs are prohibited within 300 metres of another billboard sign. 65. Billboard signs are prohibited within 300 metres of the following areas set out in the City's approved Official Plan: (a) Huron Natural Area; (b) Doon Pinnacle Hill; 4 -45 15 (c) Hidden Valley; (d) Steckle Woods. 66. Billboard signs are prohibited within the boundaries of the Huron Business Park, Bridgeport Business Park and Lancaster Corporate Centre, as defined in Section 3. PART 7 - CONSTRUCTION INFORMATION SIGN REGULATIONS 67. Unless otherwise provided in this By -law, construction information signs shall only be erected in accordance with the regulations set out in this Part. 68. The maximum sign area for a ground supported construction information sign shall be 13 square metres. 69. The maximum sign height for a ground supported construction information sign shall be 6 metres. 70. The minimum setback from any lot line for a ground supported construction information sign shall be 0.4 metres. 71. Construction information signs shall not be located in a corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 72. In addition to the requirements of this section, ground supported construction information signs erected on any property containing a single detached dwelling, semi - detached dwelling, duplex dwelling or street townhouse dwelling shall not require a permit and are subject to the following regulations: (a) maximum sign area of 1.2 square metres; (b) maximum sign height of 1.0 metre. 73. Portable signs, excluding trailer or mobile signs, may be used for the purposes of construction information signs in residential zones, shall not require a permit and are subject to the following regulations: (a) maximum sign area of 1.2 square metres; (b) maximum sign height of 1.0 metres; and (c) minimum setback of 0.4 metres from any lot line. 74. Construction information signs attached to the fascia of a building shall be erected in accordance with the regulations for Fascia signs. 75. Construction information signs may be attached to a fence but shall be located outside any corner visibility or driveway visibility triangles. 76. All construction information signs shall be removed upon completion of the project. PART 8 - ELECTION SIGN REGULATIONS 77. Unless otherwise provided in this By -law, election signs shall only be erected in accordance with the regulations set out in this Part. 4 -46 16 78. No election sign of any kind shall be displayed on any City property or other public property unless the written consent of the Clerk of the City has first been obtained. 79. Election signs displayed on private property shall have a maximum width of 1 metre and a maximum height of 0.9 metre. 80. Notwithstanding Section 79, election signs greater than 1 metre by 0.9 metre shall comply with the corresponding regulations for signs in each zone with respect to structure, location, dimensions and sign characteristics. 81. Election signs shall not be erected or displayed more than 45 days preceding the election date, except for provincial and federal general elections in which case they shall not be erected or displayed before the issuance of the election writ. 82. Election signs which are erected or displayed on any lot shall be removed within seventy -two (72) hours of the termination of the event for which the signs are erected or displayed, by the owner of such signs, or owner of the lot on which the signs are erected, failing which the City's Director, Enforcement may have such signs removed. PART 9 - FASCIA SIGN REGULATIONS 83. Unless otherwise provided in this By -law, fascia signs shall only be erected in accordance with the regulations set out in this Part. 84. The maximum projection from any wall to which a fascia sign is attached shall be 0.4 metres. 85. The maximum projection of a fascia sign above the elevation of the fagade of the building, including any parapet to which the fascia sign is attached, shall be 1 metre. 86. The minimum sign clearance shall be: (a) 0.0 metres when projecting over an area not intended for pedestrian or vehicular traffic; (b) 2.44 metres when projecting over an area intended for pedestrian traffic. 87. Advertising copy shall be prohibited on the ends of a fascia sign. 88. The total sign area of all fascia signs shall not exceed 30 percent of the building elevation on which the fascia sign(s) is /are located. 89. Notwithstanding Section 88, in all residential zones, fascia signs accessory to a multiple residential or non - residential use legally established on the lot shall have a maximum area which shall not exceed 10 percent of the building elevation on which the sign is located, but in no case greater than 9 square metres. 90. In all residential zones, a maximum of two signs, either fascia or ground supported, or any combination thereof, are permitted when accessory to a multiple residential or non- residential use legally established on the lot. 4 -47 17 91. In all institutional zones there shall be no restriction on the number of fascia signs or ground supported signs located on a lot provided that the lot has a minimum lot width of 50 metres, the signs are accessory to a non - residential use and that all signs meet any required separation distance. 92. In all agricultural, existing use, residential or institutional zones, a maximum of one fascia sign is permitted accessory to a legally established home business (including private home day care) in a single detached or semi - detached dwelling or a maximum of one window sign to a maximum of 0.2 square metres; and in no case shall both signs be permitted. 93. Notwithstanding Section 92, in all agricultural, existing use, residential and institutional zones, the maximum sign area of a fascia sign accessory to a home business (including private home day care) shall be 0.2 square metres 94. Fascia signs accessory to a home business (including private home day care) shall not be internally illuminated. 95. A fascia sign accessory to a home business shall not be permitted to have automatic changing copy. 96. A fascia sign shall not exceed 90 percent of the width of the building elevation, or the width of an individual unit elevation in a multi -unit building, on which the fascia sign is located. 97. No fascia sign shall directly abut another fascia sign and each fascia sign shall have a minimum separation distance of 0.3 metres from other signs. 98. Fascia signs shall not be placed or located to cover architectural features of a building or structure. Such features include, but are not limited to windows, columns, doors, arches, coinings, cornices, casings, keystones, sills, gables, porticos, dentils or lintels. 99. A maximum of one fascia sign containing automatic changing copy shall be permitted on a building and shall not be located within 23 metres of a street intersection or traffic light or within 100 metres of a residentially zoned lot which is located on the same street as the sign containing the automatic changing copy. 100. Fascia signs erected in D -1, D -2 and D -3 zones shall be permitted external downward illumination only; 101. Notwithstanding Section 100, fascia signs in D -1, D -2 and D -3 zones that are constructed of individual channel letters shall be permitted to have backlit illumination. PART 10 - GROUND SUPPORTED SIGN REGULATIONS 102. Unless otherwise provided in this By -law, ground supported signs shall only be erected in accordance with the regulations set out in this Part. 103. Ground supported signs are permitted for each lot having a minimum continuous street frontage of 15 metres. 18 104. Where a lot at the intersection of two streets does not have a minimum frontage of 15 metres on either street, one ground supported sign shall be permitted if the combined continuous frontage is 15 metres or greater. 105. Maximum Sign Height and Area Requirements for ground supported signs shall be as follows: Lot Frontage Maximum Sign Height Maximum Sign Area :520 metres 3.5 metres 6 square metres >20 to 30 metres 4.5 metres 9 square metres >30 to 40 metres 5.5 metres 12 square metres >40 to 50 metres 6.5 metres 15 square metres >50 metres 7.5 metres 20 square metres 106. In no case shall a ground supported sign exceed 7.5 metres in height or 20 square metres in area. 107. Notwithstanding Section 105, the maximum height for a ground supported sign on a property designated as Mixed Use Corridor in the City's Official Plan shall be 2.0 metres. 108. Notwithstanding Section 105, the maximum sign area for a ground supported sign on a property designated as Mixed Use Corridor in the City's Official Plan shall be 6.0 square metres. 109. Notwithstanding Section 105, in all residential zones or institutional zones, ground supported signs accessory to a multiple residential or non - residential use legally established on the lot shall have a maximum sign height of 3.0 metres. 110. Notwithstanding Section 105, in all residential zones or institutional zones, ground supported signs accessory to a multiple residential or non - residential use legally established on the lot shall have a maximum sign area of 3.0 square metres. 111. Ground supported signs shall have a minimum setback of 0.4 metres from any lot line. 112. Notwithstanding Section 111, in all residential zones or for residential uses within institutional zones, where ground supported signs are permitted; the minimum setback for a ground supported sign shall be 3.0 metres from any lot line. 113. On any property designated as Mixed Use Corridor in the City's Official Plan, a maximum of one ground supported sign shall be permitted on any lot less than 50 metres in width and a maximum of two signs shall be permitted on a lot greater than 50 metres in width. 114. Separation distances for Ground Supported Signs shall be as follows: (a) Ground supported signs are prohibited within 50 metres of another ground supported sign on the same property or within 15 metres of a ground supported sign on an abutting property. 4 -49 19 (b) Ground supported signs are prohibited within 75 metres of a tower sign on the same property or within 25 metres of a tower sign on an abutting property. (c) Ground supported signs are prohibited within 15 metres of a portable sign unless the ground supported sign has a clearance of 2.44 metres. 115. Ground supported signs are prohibited within any corner visibility triangle, driveway visibility triangle or lot line visibility triangle; unless they have a minimum clearance of 2.44 metres and shall remain clear from any obstruction within the required sign clearance except for the required structural support. 116. Ground supported signs located between a front lot line or side lot line abutting a street and the minimum building setback from such lot line, as required in the Zoning By -law, shall contain the civic number and /or full municipal address(es) of the property on which the ground supported sign is located and shall comply with the regulations which follow: (a) If located on a corner property, the full municipal address (civic number and street name) is required; (b) The address shall contain text that has a minimum height of 15.0 centimetres; (c) The address shall be located at a minimum of 0.9 metres above grade, or at the top of the sign if the sign is less than 0.9 metres in height; (d) The address must be clearly visible and shall be located on all faces of the sign that contain copy. 117. In all residential zones or institutional zones, a maximum of two signs, either ground supported or fascia, or any combination thereof, are permitted when accessory to a multiple residential or non - residential use legally established on the property. 118. Notwithstanding Section 117, if a ground supported sign or fascia sign are located in an institutional zone on a lot with a width of 50 metres or greater, and the sign is accessory to a non - residential use, there shall be no restriction on the number of signs provided that all signs meet any required separation distance. 119. No temporary signs, posters or banners shall be affixed in any manner to a ground supported sign. 120. Any manual changeable copy or automatic changing copy component of a ground supported sign shall be limited to 30 percent of the sign face. 121. Notwithstanding Section 120, in all residential and institutional zones, the manual changeable copy or automatic changing copy component of a ground supported sign shall be limited to 70 percent of the sign face. PART 11 - INFLATABLE SIGN REGULATIONS 122. Unless otherwise provided in this By -law, inflatable signs shall only be erected in accordance with the regulations set out in this Part. 123. Inflatable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the City's Supervisor, Site Development. 4-50 20 124. The sign owner's name, current business address and current phone number shall be permanently affixed to the sign in a readily identifiable location. 125. Inflatable signs shall be permitted on a lot having a minimum continuous street frontage of 15 metres. 126. An inflatable sign shall have a maximum height of 4.0 metres when erected on a lot having a lot area of 0.4 hectares (1 acre) or less. 127. The size of an inflatable sign shall not be restricted when the sign is erected on a lot having a lot area of more than 0.4 hectares (1 acre). 128. Inflatable signs are prohibited within 0.4 metres of any lot line, within 10 metres of any traffic light or within a corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 129. Inflatable signs are prohibited within 10 metres of a ground supported sign, a portable sign or another inflatable sign on an abutting lot. 130. Inflatable signs are prohibited within 10 metres of a ground supported sign, or portable sign on the same lot and within 50 metres of any other inflatable sign on the same lot. 131. A maximum of one inflatable sign may be displayed on the roof of a building provided no permanent roof sign is erected thereon. 132. One inflatable sign shall be permitted for each business or use at any one time per location. 133. The simultaneous display of a portable sign and an inflatable sign by the same business or use on a property is prohibited. 134. A maximum of six sign permits for inflatable signs may be issued for any one business or use in any calendar year. 135. Each inflatable sign permit shall be valid for a period of thirty continuous days per location. 136. No sign permit application for an inflatable sign shall be accepted for processing more than thirty days prior to the effective date of the permit. 137. Sign permits for inflatable signs shall be issued only for businesses or uses currently located on the lot on which the sign is to be displayed, within 30 days of the relocation of a business to another lot, or up to 30 days prior to a business or use locating on the lot, provided that such business or use is permitted by the applicable Zoning By -law. The sign shall advertise only the business or use for which the sign permit was issued. 138. All inflatable signs shall be secured. 4 -51 21 PART 12 — NEW HOME BUILDER SIGN REGULATIONS 139. Unless otherwise provided in this By -law, new home builder signs shall only be erected in accordance with the regulations set out in this Part. 140. New home builder signs shall have a maximum width of 1 metre and maximum height of 0.9 metres. 141. A maximum of one new home builder sign shall be permitted for the same new home builder, for each side of a road between two consecutive streets. 142. New home builder signs shall be located within two (2) kilometers of the new home builder development. 143. New home builder signs shall be placed no earlier than noon on any Friday and removed no later than noon of the following Monday, provided that where a statutory holiday falls on a Friday, the sign shall be placed no earlier than noon on the preceding Thursday, and where a statutory holiday falls on a Monday, the sign shall be removed by no later than noon on the following Tuesday. 144. New home builder signs may be erected on that portion of a City street located between the curb or edge of traveled roadway and the sidewalk, commonly known as the boulevard. Where no curbs, sidewalks or boulevards exist, such signs may be erected on the undeveloped portion of the right -of -way closest to the outer edge of the traveled roadway. PART 13 - NEW HOME DEVELOPMENT SIGN REGULATIONS 145. Unless otherwise provided in this By -law, new home development signs shall only be erected in accordance with the regulations set out in this Part. 146. New home development signs shall have a maximum area of 13 square metres. 147. New home development signs shall have a maximum height of 6.0 metres. 148. New home development signs are prohibited within 50 metres of any other new home development sign along the same continuous street frontage. 149. New home development signs shall be designed and located so as not to impede the visibility or movement of pedestrian and vehicular traffic. 150. New home development signs shall have a minimum setback of 0.4 metres from any lot line. 151. New home development signs shall not be located in any corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 152. Sign permits for new home development signs shall be valid for a period of 1 (one) year. The sign permit may be renewed annually, for a maximum of 3 (three) years subject to the required sign permit fee being paid each year. Renewal of the sign permit beyond 4 4-52 22 (four) years will require written approval from the City's Supervisor, Site Development, and will be subject to the required sign permit fee for each additional year or part thereof. 153. New home development signs shall only be located on the land under development. 154. New home development signs shall be removed no later than when 90 percent of lands being built upon have been sold. PART 14 - PORTABLE SIGN REGULATIONS 155. Unless otherwise provided in this By -law, portable signs shall only be erected in accordance with the regulations set out in this Part. 156. Portable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the City's Supervisor, Site Development. 157. The sign owner's name shall be permanently affixed to the frame of the portable sign in a readily identifiable location. 158. Each portable sign permit issued shall apply to one portable sign or one side of a portable sign for each business or use. No business or use may have more than one permit at any one time on the same lot. 159. A maximum of six sign permits for portable signs, whether or not the permit applies to one or two sides, may be issued for any one business or use in any calendar year, except an institutional use located in an institutional zone. 160. Notwithstanding Section 159, two additional sign permits for portable signs may be issued for any one business or use in any calendar year, for the purpose of advertising a charitable organization or charitable event, except an institutional use located in an institutional zone. There shall be no fee for these permits. 161. A maximum of two sign permits for portable signs may be issued for any one institutional use located in an institutional zone in any calendar year for the purpose of advertising a charitable organization, charitable event, or any event related to and provided by the institutional use. There shall be no fee for these permits. 162. Each portable sign permit shall be valid for a period of thirty (30) continuous days. 163. No sign permit application for a portable sign shall be accepted for processing more than thirty days prior to the effective date of the permit. 164. Sign permits for portable signs shall be issued only for a business or use: (a) currently located on the lot on which the portable sign is to be displayed; (b) within thirty days of the relocation of a business or use to the lot; or (c) up to thirty days prior to a business or use locating on the lot. 165. The portable sign shall advertise only the business or use for which the sign permit was issued, except as otherwise provided. 4-53 23 166. Simultaneous display of a portable sign and an inflatable sign by the same business or use on a lot is prohibited. 167. Portable signs shall have a maximum height of 3 metres and a maximum area of 5.6 square metres. 168. Portable signs are prohibited within 0.4 metres of any lot line and shall not be located within 10 metres of any traffic signal or within a corner visibility triangle, driveway visibility triangle, or lot line visibility triangle. 169. Separation distances for Portable signs shall be as follows: (a) Portable signs are prohibited within 50 metres of another portable sign on the same lot or within 10 metres of a portable sign on an abutting lot. (b) Portable signs are prohibited within 25 metres of a ground supported sign on the same lot unless the ground supported sign has a minimum clearance of 2.44 metres. (c) Portable signs are prohibited on the same lot as a tower sign. 170. No part of a portable sign or its copy attached thereto may contain material having fluorescence. 171. Portable signs having a maximum width of 1.0 metre and a maximum height of 1.2 metres may be placed on a lot provided that: (a) signs maintain a minimum setback of 7.5 metres from a street line; (b) signs are positioned on a pedestrian walkway or patio, leaving a minimum of 1.5 metres of unobstructed passage on the walkway; (c) signs shall not be placed in a parking stall, loading zone or an aisle leading to a parking stall or loading zone; (d) signs shall not be placed within a traffic island, planting bed or grassed area; (e) a maximum of one sign per business is permitted on a property; (f) signs erected in accordance with subsection (a) through (e) do not require a permit. 172. Portable signs shall only be non - illuminated, and shall not contain any animation or device that creates noise or motion. 173. Where it is not possible to locate the sign entirely on the same lot, the sign may be placed on an abutting City sidewalk within the Retail Core and areas designated as Mixed Use Corridor in the City's Official Plan provided that: (a) the sign is placed as close to the face of the building as possible; (b) a minimum unobstructed sidewalk width of 1.5 metres can be maintained; (c) the maximum size of the sign does not exceed 1.2 metres high by 1.0 metres wide. 174. A portable sign structure with no copy shall be deemed to be a sign for the purpose of this By -law and shall comply with all applicable provisions of this By -law. 4-54 24 175. In the event that public work construction creates a road closure or limited access impacting a business, the erection of a portable sign may be permitted at a different location at the discretion of the City's Director, Enforcement or Supervisor, Site Development at no cost. A portable sign may be erected at a location approved in writing by the City's Director, Enforcement or Supervisor, Site Development provided any private property owner has granted consent. Signs shall be permitted for a period of time as approved in writing by the City's Director, Enforcement or Supervisor, Site Development and shall not exceed the duration of the construction work. 176. Automatic changing copy shall not be permitted on any portable sign. PART 15 - POSTER SIGN REGULATIONS 177. Unless otherwise provided in this By -law, poster signs shall only be erected in accordance with the regulations set out in this Part. 178. No person shall erect, post, display or cause or permit to be erected, posted or displayed any poster sign upon any highway, right -of -way or walkway, except on a street light standard, hydro utility pole, or a combination thereof. 179. Notwithstanding Section 178, no person shall erect, post, display or cause or permit to be erected, posted or displayed any poster sign on a street light standard, hydro utility pole or a combination thereof, that supports an electrical duct, electrical switch mechanism, or a traffic control sign, device or signal. 180. Where, in the opinion of the City's Director, Transportation Planning it is necessary to erect, place, post or display a traffic control sign, device or signal on a street light standard, hydro utility pole or a combination thereof, the City's Director, Transportation Planning is authorized to remove any poster sign displayed thereon, without notice or compensation to its owner. 181. Where, in the opinion of Kitchener - Wilmot Hydro Inc., it is necessary to erect or place an electrical duct or an electrical switch on a street light standard, hydro utility pole or a combination thereof, Kitchener -Wilmot Hydro Inc. is authorized to remove any poster sign displayed thereon, without notice or compensation to its owner. 182. Unless otherwise provided in this By -law, a poster sign erected, posted or displayed, or caused or permitted to be erected, posted or displayed upon any City highway, right -of- way or walkway, on a street light standard, hydro utility pole or a combination thereof, shall be in accordance with the regulations which follow: (a) a poster sign shall conform to the shape of, or be of a width not exceeding the diameter of the standard or pole on which it is displayed; (b) no poster sign shall be displayed at a height exceeding 2.2 metres; (c) no more than one poster sign per owner shall be displayed on a standard or pole; (d) no poster sign shall cover or overlap in whole or in part another sign; (e) the maximum dimensions of a poster sign shall not exceed 28 centimetres it width and 46 centimetres in height; (f) a poster sign shall be attached to a standard or pole only by tape, wire, staples, push pins or thumb tacks; 4-55 25 (g) a poster sign shall set out the date of posting and the name, address, and telephone number of the owner of the poster sign in a manner that is visible; (h) a poster sign and its attaching devices shall be removed by the owner of the poster sign, within thirty days from the date of posting or within seventy -two hours of the occurrence of an event advertised on the poster sign, whichever is the shorter period; (i) no person shall remove a poster sign displayed in accordance with the above regulations, except the owner of the poster sign or a person authorized by the owner of the poster sign. 183. The City reserves the right to remove any poster sign erected, posted or displayed contrary to Sections 178 to 182 without notice to, and at the expense of the owner of the poster sign. The cost of removing the poster sign shall be charged to the owner and, if the owner fails to pay the cost of removal, such cost may be recovered by the City in like manner as municipal taxes pursuant to the provisions of the Municipal Act, 2001. 184. The City and Kitchener - Wilmot Hydro Inc. further reserve the right to remove any poster sign displayed on a standard or pole, without notice or compensation to its owner, in order to maintain, clean or take down the standard or pole upon which it is displayed. PART 16 - PROJECTING SIGN REGULATIONS 185. Unless otherwise provided in this By -law, projecting signs shall only be erected in accordance with the regulations set out in this Part. 186. Projecting signs shall be permitted for each lot having a minimum continuous frontage of 6.0 metres. 187. The maximum projection for a projecting sign shall be 1.5 metres. 188. Notwithstanding Section 187, projecting signs having a copy surface generally parallel to the building elevation shall have a minimum projection of 0.075 metres (7.5 centimetres) and a maximum projection of 0.15 metres (15 centimetres). 189. The total sign area of all projecting signs shall not exceed 20 percent of the area of the building elevation on which the projecting sign is located, or a maximum sign area of 1.5 square metres if attached to a light standard, flag pole or free - standing pole. 190. Notwithstanding Section 189, projecting signs shall have a maximum area of 1 square metre when attached to the underside of a canopy. 191. Notwithstanding Section 189, projecting signs having a copy surface generally parallel to the building shall have a maximum area of 20 square metres. 192. Projecting signs shall not extend above the wall or parapet on which they are erected. 193. A projecting sign constructed of non -rigid material shall be supported from opposing ends keeping the non -rigid material continuously taut. 194. Subject to Council's approval, projecting signs erected on a light standard, flag pole or similar structure on City property advertising cultural or ethnic festivals, conferences, 4-56 26 sporting events or other similar occasions may be displayed at authorized locations and do not require a permit. 195. Projecting signs may be erected on the supporting pylons of canopies over service station pump islands. Any such sign shall have a maximum area of 1.5 square metres and may not project horizontally beyond the limits of the pump island over which it is displayed. 196. Projecting signs with a copy surface that is generally not parallel to the building elevation shall have a minimum clearance of 4.3 metres when located within 0.6 metres of an area intended for vehicular traffic; otherwise, the minimum clearance shall be 2.44 metres. Projecting signs with a copy surface that is generally parallel to the building elevation shall have a minimum clearance of 4.3 metres when located within 0.6 metres of an area intended for vehicular traffic; otherwise the minimum clearance shall be 0.0 metres. 197. Projecting signs may have external illumination only. 198. Projecting signs shall not be placed or located to cover architectural features of a building or structure. Such features include, but are not limited to windows, columns, doors, arches, coinings, cornices, casings, keystones, sills, gables, porticos, dentils or lintels. PART 17 - REAL ESTATE SIGN REGULATIONS 199. Unless otherwise provided in this By -law, real estate signs shall only be erected in accordance with the regulations set out in this Part. 200. No person shall place, or permit to be placed, or cause or permit to be placed a real estate sign except on the property or premises for sale, rent or lease. 201. Fascia real estate signs shall be erected in accordance with the regulations set out in the Fascia Sign section. 202. Projecting real estate signs shall be erected in accordance with the regulations set out in the Projecting Sign Part 16. 203. Ground supported real estate signs shall have a maximum sign height of 2.0 metres and a maximum sign area of 1.0 square metre when located on a lot containing or permitting a single detached dwelling, a semi - detached dwelling, a duplex dwelling, a street townhouse dwelling or a multiple dwelling having 3 to 6 units. 204. Notwithstanding Section 203, ground supported real estate signs shall have a maximum height of 4 metres, a maximum sign area of 6 square metres and a minimum setback of 0.4 metres when: (a) advertising a multiple residential building having more than 6 units on a lot having a minimum frontage of 15 metres; or (b) advertising a non - residential building. 205. Ground supported real estate signs shall not be located in a corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 4-57 27 206. Only one real estate sign shall be permitted for each street line of the property on which the sign is erected unless the property is: (a) a multiple residential building on a lot having a minimum frontage of 15 metres; or (b) a non - residential building. 207. Notwithstanding Section 206, no ground supported real estate sign shall be located within 15 metres of another ground supported real estate sign that is situated on the same lot. 208. Real estate signs do not require City approval, but must be relocated or removed if requested by the City's Director, Enforcement or the Director, Transportation Planning. PART 18 - ROOF SIGN REGULATIONS 209. Unless otherwise provided in this By -law, roof signs shall only be erected in accordance with the regulations set out in this Part. 210. A maximum of one roof sign shall be permitted on a building. 211. The maximum height of a roof sign shall be 1.5 metres on a building which is less than 6 metres in height. 212. The maximum area of a roof sign shall be 6 square metres on a building which is less than 6 metres in height. 213. The maximum height of a roof sign shall be 3 metres on a building which is 6 metres in height or greater. 214. The maximum area of a roof sign shall be 10 square metres on a building which is 6 metres in height or greater. 215. Roof signs shall not extend beyond the perimeter of the building and the supporting structures of roof signs shall be screened. 216. A roof sign shall only contain the logo and /or name of the business located on the property. PART 19 - SPECIAL EVENT DIRECTIONAL SIGN REGULATIONS 217. Unless otherwise provided in this By -law, special event directional signs shall only be erected in accordance with the regulations set out in this Part. 218. Special event directional signs shall contain no means of illumination or animation. 219. Special event directional signs shall have a maximum height of 0.9 metres. 220. Special event directional signs shall have a maximum width of 0.65 metres. 4-58 28 221. The display time for a special event directional sign shall be no earlier than 9:00 am and removed no later than 6:00 pm on the day of the special event. 222. Special event directional signs may be erected on private property with the consent of the property owner. 223. Special event directional signs may be erected on that portion of a City street located between the curb or edge of traveled roadway and the sidewalk, commonly known as the boulevard. Where no curbs, sidewalks or boulevards exist, such signs may be erected on the undeveloped portion of the right -of -way closest to the outer edge of the traveled roadway. 224. Special event directional signs may not be erected on City sidewalks or on any portion of the traveled roadway, including any paved or graveled shoulder. PART 20 - SUBDIVISION SIGN REGULATIONS 225. Unless otherwise provided in this By -law, subdivision signs as required under the Planning Act shall only be erected in accordance with the regulations set out in this Part. 226. Subdivision signs shall be located outside of the required yard setbacks of the applicable zone and outside of any corner visibility triangle, driveway visibility triangle or lot line visibility triangle. The specific sign location to be approved by the City's Manager, Development Review or designate. 227. Subdivision signs shall have a minimum sign clearance of 1.5 metres. 228. Subdivision signs shall have a maximum height of 6.0 metres. 229. Subdivision signs shall have a maximum sign area of 13 square metres. 230. Graphics on a subdivision sign shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer /landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the City's Manager, Development Review or designate. 231. Approved subdivision sign locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping and /or suitable parking and pedestrian access may be required between the sign location and public roadway. 232. The Subdivider shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision signs advising that information may not be current and to obtain updated information, inquiries should be made at the City's Community Services Department. 4-59 29 PART 21 - TOWER SIGN REGULATIONS 233. Unless otherwise provided in this By -law tower signs shall only be erected, or caused or permitted to be erected, in accordance with the regulations set out in this Part. 234. Tower signs shall be permitted for each lot having a minimum continuous frontage of 75 metres. 235. Notwithstanding Section 234, one tower sign is permitted for each corner lot, as defined in Section 3, having a minimum combined frontage of 75 metres. 236. Tower signs are prohibited within 0.4 metres of any lot line. 237. Tower signs are prohibited within 0.6 metres of an area intended for vehicular traffic. 238. Tower signs are prohibited within any corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 239. Notwithstanding Section 236, tower signs with a height of 7.5 metres or less shall be set back a minimum of 0.4 metres from any lot line. For each additional metre or portion thereof of sign height, such sign shall be set back an additional 0.4 metres from any lot line. No sign shall have a sign height exceeding 10.7 metres. 240. The maximum width of any side of the sign structure shall be 3.8 metres. 241. Separation distances for tower signs shall be as follows: (a) Tower signs are prohibited on the same lot as a portable sign; (b) Tower signs are prohibited within 75 metres of a ground supported or tower sign on the same lot; and, (c) Tower Signs are prohibited within 25 metres of a ground supported or tower sign on an abutting lot. 242. A maximum of four tower signs shall be permitted on a lot. 243. Tower signs shall contain the civic number and /or full municipal address(es) of the property on or if a corner property, the full municipal address(es), and the common or marketing name of the development (if applicable) in numerals and lettering that are a minimum height of 15.0 centimetres. The address shall be located at a minimum of 0.9 metres above grade and must be clearly visible and shall be located on all faces of the sign that contain copy. PART 22 — VIDEO PROJECTION SIGN 244. Unless otherwise provided in this By -law video projection signs shall only be erected, or caused or permitted to be erected, in accordance with the regulations set out in this Part. 245. A video projection sign shall not be located within 100 metres of a residential property where the residential property directly abuts the same street on which the sign faces. 4 -60 30 246. A video projection sign shall not be located within 23 metres of a traffic signal. 247. A video projection sign shall not be located within 50 metres of another video projection sign. 248. The minimum sign clearance shall be 7.5 metres above grade level. 249. In the event that the sign is determined to be a traffic hazard by the City and /or the Region of Waterloo staff, the City shall have the right to revoke the sign permit. PART 23 - PERMITS 250. No person shall erect, display, alter or relocate any sign without first having obtained a sign permit from the City to do so. 251. A sign permit shall not be issued where the sign or copy relates to a use which does not have a valid Certificate of Occupancy as required by the City's Zoning By -law 85 -1, Section 2.3. 252. Notwithstanding Section 250, the following signs shall not require a permit, provided that in all other respects they conform with the provisions of this By -law: (a) address signs; (b) banners on City property in locations authorized by Council; (c) election signs; (d) construction information signs when erected on a property containing a single detached dwelling, a semi - detached dwelling, a duplex dwelling or street townhouse dwelling; (e) flags; (f) incidental signs; (g) planning application notice signs; (h) real estate signs; (i) portable signs having a maximum width of 1.0 metre and a maximum height of 1.2 metres, in the Retail Core and areas Designated as Mixed Use Corridor in the City's Official Plan, or if located in accordance with Section 171 of the Portable Sign section, portable signs approved by the City during public work construction and portable signs advertising a charitable organization or charitable event; Q) special event directional signs; (k) window signs that do not block or cover more than 25 percent of the window area on which it is placed and that are not accessory to a Home Business use; (1) posters or notices; (m) projecting signs on City property at locations authorized by Council; (n) signs in or on public transit shelters; (o) signs on bus stop benches; (p) signs on playing field fences and scoreboards at Blockline Sportsfield, Budd Park, Centennial Stadium, Jack Couch Ball Park, Bridgeport Sportsfield, Woodside Park, Meinzinger Park, SW Optimist Sportsfields, Fisher Park, Heritage Greens Lawn Bowling Club, Lions Sportsfields, Breithaupt Park and Peter Hallman Ball Yard; 4 -61 31 (q) telecommunication tower and antenna signs. 253. Unless otherwise specified, there shall be a fee payable for any permit required by this By -law, which shall be in an amount as prescribed by Council from time to time. 254. The City may revoke a sign permit at any time if it is determined by the City that: (a) the sign permit has been issued in error by the City of Kitchener; (b) the sign does not conform to this By -law, the Building Code, Ontario Regulation, 350/06, or any other applicable regulation or legislation; or (c) the sign permit has been issued as a result of false, mistaken, incorrect, or misleading information or undertaking shown on the sign permit application. PART 24 - INSPECTIONS 255. A person to whom a sign permit is issued shall notify the City prior to installation of any ground supported sign, tower sign or billboard sign to arrange an inspection. 256. A person to whom the sign permit has been issued shall give notification requesting an inspection at least two business days in advance of the required inspection time. 257. The City may, at all reasonable times, inspect a sign in accordance with the provisions of this By -law. 258. An employee of the City reporting to the City's Supervisor, Site Development, or an officer, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not this by -law is being complied with. Entry to any place actually being used as a dwelling unit shall be subject to the requirements of the Municipal Act, 2001, S.O. 2001, c.25. PART 25 —VARIANCES - COMMITTEE OF ADJUSTMENT 259. The Committee of Adjustment of the City is hereby appointed as a Standing Committee of Council for the purpose of enquiring into and reporting on any application for minor variances from the provisions of this By -law, in a manner that is in accordance with their authority and procedures, as established under the Planning Act. 260. The Committee of Adjustment may recommend that an application be refused or that such relief as the Committee considers appropriate be granted, either absolutely or subject to conditions. 261. The Chief Administrative Officer of the City shall place all reports made by the Committee of Adjustment under this Part before Council. PART 26 - PENALTIES AND ENFORCEMENT 262. The City's Supervisor, Site Development shall be responsible for the administration of this By -law and the Director, Enforcement shall be responsible for overseeing the enforcement of this By -law. 4 -62 32 263. If, in the opinion of the City's Chief Building Official, any sign is in such a state so as to constitute an unsafe condition, the Chief Building Official shall take immediate action pursuant to the Building Code Act, 1992, S.O. 1992, c.23. 264. Where a sign is erected or displayed in contravention of any provisions of the By -law, and is located on, over, partly on or partly over any property owned by, managed by, or under the jurisdiction of the City the sign may be removed immediately and without notice. 265. Where a sign is erected or displayed on any property in the city of Kitchener in contravention of any provisions of the By -law, an officer, the City's Director, Enforcement or any persons acting upon his or her instructions, may issue a notice by mail or personal delivery to the property owner, sign owner or any other person responsible for the erection or display of the sign at that person's last known address. The notice will require the person to remove, repair or replace the sign, or otherwise bring the sign into compliance with this By -law. In the event of failure to comply with the notice by the date and time specified in such notice, the City may remove the sign at the expense of the sign owner, property owner, or such other person responsible for the erection or display of the sign. 266. Notwithstanding any other provision of this By -law, any sign that, in the opinion of the City's Director, Enforcement; Director, Transportation Planning or Chief Building Official (or his /her designates) constitutes an unsafe condition or obscures the visibility of normal approaching pedestrian or vehicular traffic may be removed or relocated by the City forthwith. 267. Any sign removed as provided for in this section that in the opinion of the City's Director, Enforcement or designate is salvageable shall be stored by the City or an independent contractor for a period of not less than thirty (30) days. During this time the sign owner or his agent is entitled to redeem such sign upon making payment satisfactory to the City of the amount as prescribed by Council. 268. Any sign removed in accordance with the provisions of this section that in the opinion of the City's Director, Enforcement or designate is not salvageable may be disposed of forthwith and the owner shall not be entitled to compensation. 269. Where the City has removed a sign and stored it for a period of thirty (30) days and the sign has not been redeemed, the City may then destroy or otherwise dispose of the sign without notice to the owner of the sign or his agent. 270. The City may recover the cost of removal, repair, transportation and /or storage of any sign not located in accordance with the provisions of this By -law, from the owner of the property on which the sign was located, in like manner as municipal taxes, pursuant to the provisions of the Municipal Act, 2001. 271. Every person who contravenes any provision of this By -law is guilty of an offence and is liable, upon conviction, to a fine not exceeding five thousand dollars ($5,000), exclusive of costs, pursuant to the Provincial Offences Act, R.S.O. 1990, c.P33. 4 -63 33 PART 27 - SEVERABILITY 272. It is hereby declared that each and every of the foregoing provisions of this By -law is severable and that if any provisions of this By -law should, for any reason, be declared invalid by any court, it is the intention of this Council that each and every of the then remaining provisions of this By -law shall remain in full force and effect. PART 28 - REPEAL — ENACTMENT 273. By -law 2007 -70 is hereby repealed. 274. The Clerk is hereby directed to make this by -law a part of the City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it so as to fit within the scheme of the Code. EFFECTIVE DATE 275. This By -law shall come into force and effect on the date of passage of this By -law. of PASSED at the Council Chambers in the City of Kitchener this day , A.D. 2011. Mayor Clerk 4 -64 _* 4 -65 ti cx co uj PS; Q. Ui � $ l,y 9; CX ON cl) CO `,mil t. iO 11 ti cx co uj PS; Q. Ui � $ l,y 9; CX ON cl) CO LANCASTEiz t�iy M (S/V LU i e r 2. iiai \ .z Q. LU kl IK ,, \ lo, l \ `% \ \\ \ \• \� Z6 . \ \\ , �, f Cam! 4 -67 V \{ I .. Fes, ^ ` , .... �'• 8 __ s llll - � �_ ob //, / If ct 7N CO i 900 l ® , , LLJ t /ley CIC WO AV woo D LLgoo 1 , � 3 Z u, A-4 000 %too AA iS V ¢Q/ C-- uj Eq ids proES LLJ U'l qE VA ts) -- iv 4c( /oj Vx CD �4V 4 gt 07 f Lu —c 1 44 x/ 's I %s O \ - "`� ". `n,, ,.. -, -` `, /� � fib` - 14 Ifl CO 0 04, CO 4 Q. 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