HomeMy WebLinkAboutBy-law No. 2011-099 - Amend c.680 - Signs (Repeal By-law 2007-170)
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BY-LAW NUMBER
~\I- OQCl
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
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.
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"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 mayor 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 thf::! ground, and may be intended to provide
shelter.
"City" means The Corporation of the City of Kitchener.
"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.
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"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 COl,)ncil 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 wiu~ning purposes or as a 0.3 metre reserve.
"grade" means the elevation of the ground directly beneath a sign.
"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;
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(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, RS.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.
"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
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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.
"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.
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"Retail Core" means areas zoned 0-1, 0-2 and 0-3 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.
"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 andlor 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.
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"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.
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;
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(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.
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.
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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, RS.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, RS.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, RS.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.
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, shalf 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
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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 autoniatic 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;
(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.
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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 50 percent of the window area the sign is displayed on;
(j) poster signs and notices;
(k) new home builder signs;
(I) 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".
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
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(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;
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U) 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;
U) 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.
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.
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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 anyone 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;
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 anyone 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 anyone 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.
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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 anyone
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;
(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.
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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.
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.
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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.
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.
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99. A maximum ot' 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 0-1, 0-2 and 0-3 zones shall be permitted external downward
illumination only;
101. Notwithstanding Section 100, fascia signs in 0-1, 0-2 and 0-3 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.
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
:S:;20 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.
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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.
(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.
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.
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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.
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 Or) 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 anyone 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 anyone 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.
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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.
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 preoeding 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.
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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
(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 anyone 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 anyone 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 anyone 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 anyone 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.
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165. The portable sign shall advertise only the business or use for which the sign permit was
issued, except as otherwise provided.
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 qf 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 15 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.
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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 in
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;
(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;
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(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,
sporting events or other similar occasions may be displayed at authorized locations and
do not require a permit.
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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.
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:
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(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.
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.
27
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.
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.
28
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.
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 100 metres of another video projection
sign.
248. The minimum sign clearance shall be 7.5 metres above grade level.
29
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;
U) special event directional signs;
(k) window signs that do not block or cover more than 50 percent of the window area
on which it is placed and that are not accessory to a Home Business use;
(I) posters or notices;
(m) projecting signs on City property at locations authorized by Council;
(n) signs in or on public transit shelters;
(0) 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;
(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;
30
(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.
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.
31
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.
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 2007-170 is hereby repealed.
32
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.
PASSED at the Council Chambers in the City of Kitchener this ~ / '=*::.. day
of
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, AD. 2011.
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