The URL can be used to link to this page

Home My WebLink AboutDTS-07-056 - New Sign By-Law, Chapter 680 Of The Municipal Codeii ID ~_ ~... .~ Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: REPORT Development and Technical Services Committee June 18, 2007 Jeff Willmer, Director of Planning (741-2325) Brian Page, Supervisor of Site Plan Development (741-2318) Shayne Turner, Director of Enforcement (741-2753) All May 16, 2007 DTS 07-056 NEW SIGN BY-LAW CHAPTER 680 OF THE MUNICIPAL CODE RECOMMENDATION: A. That the proposed by-law dated May 16, 2007, attached to report DTS 07-056, to repeal and replace the existing sign by-law number 2005-194 be adopted; and further, 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 awning signs, banner signs and new home development signs as outlined in staff report DTS-07-056 be approved and implemented effective July 1, 2007 and subsequently included in the 2008 comprehensive schedule of fees and charges. D. That By-law Enforcement staff be directed to actively enforce all types of signs in the sign by-law; and further, E. That the By-law Enforcement Division report back to Council on the resource implications if Council approves active enforcement for all sign types; and further, F. That staff report back to the Development and Technical Services Committee by December 2008 regarding the application of the new Sign By-law including any recommendations for changes as may be applicable at that time and including an assessment of the effect of any new Regional Sign By-law; and further, G. That DTS staff be directed to establish a working group with members of the portable sign industry, citizens and business owners to review the regulations governing portable signs and to report back with any applicable recommendations. 1 EXECUTIVE SUMMARY: This report outlines the changes to the Sign By-law that have been developed in consultation with the sign industry, the public, concerned stake holders and a staff committee, over a three year period. The main issues are portable signs, ground supported signs, real estate signs, new home development signs, campaign signs, and the need for increased enforcement. The Final Report and draft By-law have been prepared and are being submitted for approval by Council. BACKGROUND: In April 2004 Council directed staff to undertake a detailed review of the City's Sign By- lawand to solicit input from the sign industry and the public. Since that time staff has hosted three public meetings to gather information from interested parties to be considered in the formulation of a new sign by-law, as well as soliciting written submissions from interested parties and the review of several other municipalities' newly adopted sign by-laws. The feedback from the public and sign industry has provided direction to staff regarding areas of the sign by-law that could be improved upon. With the public and industry comments, the staff team has worked at length to develop a new comprehensive sign by-law that will reflect the values of the City of Kitchener. REPORT: Through the review of the sign by-law and the public consultation process, staff identified numerous areas that needed to be addressed and improved upon. Copies of all comments received can be found in Appendix A. Also attached to this report, as Appendix B, is the detailed list of changes which identifies all areas of the by-law that have been modified. Guiding Principles It is the belief of the staff team that these changes will improve the functionality of the sign by-law for all parties and uphold the guiding principles that were identified at the onset of the sign by-law review. The guiding principles are listed below. 1. The Corporation of the City of Kitchener should lead by example. 2. Consistent enforcement makes the Sign By-law fair. 3. Signage has direct economic value for their owners and users. 4. Pedestrian and traffic operations and safety must be a fundamental component of sign design and location. 5. Cumulative effects of signage matter -sign clutter results in a poor civic image. 2 6. The Sign By-law and its regulatory processes must be easy to understand and must have monitoring and educational tools built into the process. 7. One size does not fit all -some parts of the City have characteristics that warrant exemptions and limitations. 8. Signage should supplement the land use and not dominate the landscape. 9. Visual quality of signs matters to the overall community image and site development character. General Revisions Generally the revisions to the by-law are to clarify, simplify and address the issues identified by the sign industry, the public and staff. The following is a general overview of these changes. The detailed list of all changes can be found in Appendix B. Portable signs One of the guiding principles addresses sign clutter on our streetscapes. Presently you will find A-frame and T frame signs on many properties as "extra" signage in addition to their permitted signs. These A-frame and T frame signs are not permitted, have no permits, typically add to visual clutter and, in some cases pose safety hazards. i, ''~~~~~ ~ ~~„~... ~' I y~ 9 ~~ a1,~~~ ~~ a ~~*`~ p ,b~ ~ I 4 ~1 { ., 1' 4 1 i~ ~~ ~rtm ~': ~ a r x A x ~! .+ ~ a ~ +,~ i Y.~ ~i 4;';~ li ~ d. y6ti 4~~ 1. w k' ~~~ 3`~ ~ ~ ~ d+ i ~~~ sip ~~n n~., Converted Portable Sign in landscaped traffic island, creating a vehicular sight line visibility problem A-Frame Sign immediately adjacent to road within right-of-way T-Frame sign adjacent to internal driveway In order to address this problem staff are proposing to include all A-frame and T frame signs as portable signs. They will be required to be located on private property, in approved locations, obtain permits and conform to the portable sign regulations. The exception to this rule will be to allow one small portable sign (1.0 metre wide and 1.2 metres high) to be located on a property provided it is set back a minimum of 7.5 metres from any streetline, is not located in any area intended for vehicular traffic, in a traffic island or planting bed, and if located on an internal sidewalk that an unobstructed width of 1.5 metres be maintained on the sidewalk. These small portable signs will not require a permit and will be permitted at a rate of one sign per business. 3 ~~; .~ ~ I, F~x~r ~,~~ r ~ ~t',. T-Frame Sign leaving unobstructed sidewalk width of greater than 1.5m A-Frame Sign leaving unobstructed sidewalk width of greater than 1.5m At the public meeting of March 30, 2006 staff presented a proposal to increase the separation distance between a portable sign and a ground supported sign from the 10 metres presently allowed in the sign by-law to 50 metres. Staff received no feedback on this proposal from the sign industry or public until afterthe February 17, 2007 public meeting, at which time there were several comments received outlining concerns with the increased separation distance. The existing sign by-law currently requires a 10 metre separation distance between a portable sign and a ground sign, and a 0 metre separation distance between a portable sign and a pylon sign, provided the pylon sign has a minimum of 2.4 metres of sign clearance. 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. The proposed sign by-law will still permit a 0 metre separation distance between portable signs and ground supported signs provided there is a minimum sign clearance of 2.4 metres. The increase in separation distance will only affect portable signs in proximity to ground supported signs with less than 2.4 metres of sign clearance. The sign industry has requested that the separation distance remain at 10 metres. In reviewing this issue staff believes that a 10 metre separation distance is not adequate to meet the intent of the Guiding Principles. By having signs separated by only 10 metres they become a dominant feature of the streetscape, cause motorist confusion while trying to read the signs and result in sign clutter on the street. All of these issues are in contradiction to the Guiding Principles. In an effort to work with the sign industry, staff is proposing a compromise to a 25 metre separation distance between portable signs and ground supported signs with less than 2.4 metres of sign clearance. Staff recognize that this is a significant decrease from the original proposal of 50 metres but believe it will maintain the intent of the Guiding Principles. The proposed sign by-law provides additional options for signage, other than the use of portable signs. These options include the use of a banner sign and allowing existing 4 ground and fascia signs to be modified to include changeable copy. These alternatives should lessen the desire for a portable sign. Ground Supported Signs The existing "Ground" and "Pylon" sign sections have been deleted and replaced with the new "ground supported sign" section. The benefits of the new sign type will be the ability to provide a consistent setback along the streetscape and to make the signs more proportionate to the property they are located on for commercial and industrial properties. This will be achieved by limiting the sign height and area based on the lot frontage. The new criteria are outlined in the table below. Lot Frontage Maximum Sign Height Maximum Sign Area <_ 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 The new ground supported sign type will eliminate the confusion that surrounded ground and pylon signs in the previous by-law by consolidating the two types into one comprehensive sign type. SIGN TYPES -EXISTING BY-LAW Ground Sign "~A'~~ ~ i ' qty, `-~ ' + 1 ~8 ~ . Yr y~~ g~ F ~Y' 1~ ! ~ ~~:.i w ~y I~~~ 1 ~` {~ ~ y' , ~i~~ ~'. [~~]~a' 4 ~~' l 1 ~... f~ t II 1 d l~i~ '~ ~'`` ` ~~ ~~.1k~~~'~ ~k~ I ~.1 ~' alU~6'~IL~ .,y~ ., ~ T~~1 lc '~cl~~' ~trl~P , , ~~." ~„ ',.WCv w<~,"~ 1W l'.en ~r /M 48nA ~ ~a~%MY v1(.L 1.l~~.s N"" ~ '~~•, '! ~ ~ HI Mt ~'~ ~~ ~` I ~ 1. ~~ ~, ,~T11 k v VV a~ ~ 1\Vx~ ~ ~ R r~~ ~ 1 r' P Ion si n P Ion Si n (variance for reduced clearance) Ground Supported Sign with limited Ground Supported sign with Ground Supported sign with height and sign area 2.4 metre sign clearance greater height and area SIGN TYPES PROPOSED BY-LAW In order to prevent the mass conversion of what is presently recognized as a portable sign into an inexpensive ground supported sign staff is proposing a limit on the amount of sign area that can be used for manual changeable copy or automatic changing copy. For commercial and industrial properties, staff propose a 70130 split, where 70% of the sign area must be permanent copy and 30% of the sign area can be used for manual 5 changeable copy or automatic changing copy (maximum sign area 20 square metres}. For institutional and residential properties staff propose a 30/70 split, where 30% of the sign area must be permanent copy and 70% of the sign area can be used for manual changeable copy or automatic changing copy (maximum sign area 3 square metres}. ~ ~,~,~ ,Y ~A U ~ ~ A~ q ~ ~,"~, ~~ ~ ,~,a ~ i ~~x '.~'~ : v~ ~; it M" ~ °~el "".r ~. n ,, ' ~ 91' Y ~y ~ 1 ~1 I~ ~ r T k at~Y a~`~ ~it1 x.14 ti i i i ~ r `~ tV~~' dfb ~ it ~i ~~1, aF R~ ~~ i1ti~~t'~` ~~ "` "~ ~1, a4ulEkbfi llty,,a6,~ anlnr,Set~al~~~ y ~ ~ ~~ ~ ~~ ~ ~~ ,. ~C ~. ~, a ~^ ' ~ ~ ~ 'w ~ ~~,° ~, ~, ~, ~ ~ h, ~ I' a ~ ,~ Q1µ, ~~.~` 1 ~M mttlC !1'!Y'i ` ~Mnv ~. ~ ~ ,~i ~ ~ ~ 'dip ~ ~ ~ ~ t h ~~Y k u ~ 1 :. tl.. a. ~. .. ~:, ac.,~... 70/30 split of changeable copy for 30/70 split of changeable copy for Institutional and Commercial and Industrial sites Residential sites A request to consider a decrease in separation distance of ground supported signs from 50 metres separation to 25 metres separation has been considered by staff. However staff are of the opinion that the proposed 50 metres separation distance will uphold the Guiding Principles namely: 5. Cumulative effects of signage matters -sign clutter results in a poor civic image. 8. signage should supplement the land use and not dominate the landscape. Presently the existing sign by-law allows pylon signs to be spaced at 15 metres separation distance. In review of the recently approved sign by-laws from other municipalities, as much as a 200 metre separation distance has been approved. Staff are of the opinion that a closer separation spacing of less than 50 metres would allow such signage to dominate the landscape which would once again be in opposition to the Guiding Principles. To put the effect of the separation distance into perspective staff have included site diagrams in Appendix E depicting sign separations at 15 metres, 25 metres, 50 metres, 100 metres and 200 metres on a typical large commercial plaza. Real Estate Signs Staff received comments from parties with an interest in real estate signs. The main concerns outlined were to increase the height of real estate signs on residential properties (singles, semi-detached, street townhouse dwellings etc.) to 2.0 metres rather than the 1.2 metres permitted in the current sign by-law and a minor increase in 6 area from 0.84 square metres to 1.0 square metre. Staff are of the opinion that these minor increases to height and area are appropriate and therefore endorse the change. Staff had originally proposed to increase the separation distance, between ground supported real estate signs on one property, from 15 metres to 50 metres which would be in keeping with the minimum separation distance for a regular ground supported sign. However, after further staff review and discussion, it was determined that the temporary nature of the real estate signs did not warrant an increase in the separation distance and should therefore remain at 15 metres. The real estate industry has requested an increase in the maximum size of ground supported real estate signs to 10 square metres rather than the 6 square metres permitted in the existing sign by-law. Staff are of the opinion that an increase in size is not warranted. A 6 square metre sign equates to 64 square feet, which is an 8 foot by 8 foot sign. This size of sign coupled with the separation distance of 15 metres between signs will provide adequate signage opportunities on any property. Further, fascia real estate signs are also permitted in the sign by-law and can cover up to a maximum of 30% of the wall area the sign is attached to. A request has also been made to allow banner signs to be used as real estate signs. The present sign by-law does not permit banners at all and the proposed sign by-law will not permit banner signs to be used as real estate signs. As fascia signs are permitted, staff do not believe that allowing banners as real estate signs is appropriate or necessary. New Home Development Si.. ns & Special Events Directional Signs A significant issue identified through the Sign By-law review process relates to the proliferation of third party (non-accessory) signs for the development industry on City and Regional road right-of-ways, and the large billboard type signs advertising new subdivisions. These third party (non-accessory) signs are not permitted in the existing by-law. ~ ~~ ~s ~~~ ,,~ .:~~~ .r. } ' r ~ 'M ua '~ i ~ ~ n ~" ~ `'~ ~ ~r. Third Party Billboard Sign/ New Third Party Billboard Sign/ New Home Home Development Sign Development Sign within sight visibility triangle of two intersecting streets Third Party Billboard Sign/ New Home Development Sign within road right-of way 7 The development industry will be permitted to erect a new home development sign (the larger billboard type sign} only on the lands where the subdivision development is occurring and can contain copy related only to that development. This type of sign will require a permit, valid for one year, with the opportunity to renew for up to three additional one year periods. Beyond four years, written approval from the Supervisor of Site Plan Development must be obtained. These signs are intended to be temporary and are to be removed when the subdivision is substantially built out. The billboard type signs that are presently being located as third party (non-accessory) signs are sometimes well in excess of the maximum sign area of 25 square metres that is permitted for an approved billboard sign. The maximum area for a new home development sign is proposed to be 13 square metres similar to that of a subdivision sign. Builders and Developers are also taking the liberty of using the City and Regional road right-of-ways to erect their A-frame and T frame directional signs. UUhile the City recognizes that this practice has been ongoing for many years, the situation has got out of hand, insomuch that some of these signs have been up to 2.4 metres high and some signs advertise subdivisions that are not located in Kitchener. a „ ~ ~., -'• 3 ~, ~ u ,~ ' + ~,y *~ / ~ , ~ s 1 ~ ~ t'~ '.;~ 1 It ~p~y. ~ ~ rr ~t~ ~~ ~~~ \ 1~ ~ b§` ~ f ~ lh * ~ ~ 1 T~ i i Na 1~ ` ~~ w ~ N w ~ ~~~~~ SCI a' ,. pp ~~i i #~ id t ~i ~.4 ~l ' ~ ~, ~ i ,' ~ ii N ~ ~1 , `~f k~~~w. 4~' l w ~~ '. } qy` Nq z 1 „ dY~ +~ i "~ ~i P. t :.~.. !i ~q rP ~ $ d d ~ aw m . ~ ti a ~~ t a ~. ~,. ;'~w, e x na~NalpJrt~'s~ ~A Special Event Directional Sign, 2.4 metres high in a sight visibility triangle of two intersecting streets .w~~~ ~ Y 1 W ~~~~ M . ~, d.,. Mw ri A, ~ i ~k` . M . A \V ~ ~~~ 11`` ~uy~~y}{ ~ ~, ' ' ~ ~o ~ ~' '~ ~ ~ ~ I I ~f' ZQ ~ n ~ je~ w {~mld g ~ \ a ni i t=t e ' S sdR ~; n .. )~."~~ ~;~., a ,..v ~r,a... 4 1 ~ y4@~J' t NVA t. ~ Ni P ~fi Sr ' ~ . ` .~ N. ~; "rj q Y ~~ a .~a W ~ Sh ~'.. ~ t yl f(' 7, f J ~~ ~ ~i ,k~~ ~'~~ 7 Yi ~" .-b ~I r i t 40 s i 4 , 7 't t '. ~V V~ ~~ ii,r 1. ~\ /r .. '1~ ~! ~4 7 ~'Ift 4 n l T rJ ~L ~^4~~~~V 1~ i.y a'~~, ± _ ~ ~~~ f" ` ~ „„ Special Event Directional Sign advertising subdivision not located in Kitchener Special Event Directional Sign adjacent to a travelled road creating a safety hazard 8 These signs can be found in corner visibility triangles and even on the shoulder of a road. These situations can pose serious safety hazards. The By-law Enforcement Division received a complaint in the spring of 2006 that these signs caused a visibility hazard. This brought about active enforcement to have these signs removed in the Ottawa Street, Fischer Hallman Road, and Strasburg Road areas. The signs were successfully removed for several months but without ongoing active enforcement these signs are reappearing. Staff met with representatives from the Home Builders and the Home Builders Liaison Committee in November 2005 to relay these concerns and ask for cooperation in rectifying these problems by removing the signs, relocating the signs to approved locations and obtaining a permit where required. To date no action has been taken by the development industry to rectify the problems. In contrast, more signs have been erected without permits, some of which are on the road right of way. It is recognized that the subdivision development industry is unique as the location of new developments move and new subdivisions are typically not noted on street maps. Small, safe directional signs can be beneficial in directing traffic to the areas under development. The staff team believes these types of signs need to be regulated with regard to the size, location and number of signs being located along the city streetscape, otherwise the signs create visual clutter on the streetscape, and can pose safety hazards. City staff met with the Region regarding their new Regional Sign By-law. At this time, their Draft Sign By-law has been endorsed in principle by Regional Council. Regional staff is now to obtain comments from the general public either through a Public Information Centre or a Public Input Meeting. The dates for either one of these are yet to be established by Regional staff. The Region's Draft Sign By-law does not permit any signage for model homes on a Regional Road allowance. The development industry will have the opportunity to participate in the public process as the Region develops their by-law. As the majority of these signs are located on regional roads, staff feels it is premature at this time to introduce a new sign type with regulations into our by-law. However, it should be noted that the development industry is presently permitted to erect special event directional signs on City right-of-ways. These signs are permitted to be displayed a maximum of five hours in any continuous twenty-four hour period. The maximum height is proposed to increase from 0.75 metres to 0.9 metres and the maximum width permitted is 1.0 metre. Campaign Signs A request was received to allow Election signs to be posted 72 days prior to the election for the following reasons: 1. Not wishing to artificially restrict the rights of candidates and citizens to freely express their opinions. 9 2. Promoting early interest in the municipal election and helping to increase voter turnout. 3. Leveling the playing field between incumbents and challengers. 4. Recognizing the very real distinction between signs placed on public land (along regional roads) and signs on private lawns that have been requested by citizens. 5. Being more consistent with UUaterloo, our neighbouring municipality, which has no restrictions on when signs can be placed. The present sign bylaw permits campaigns signs to be posted not more than 30 days prior to the election. The committee is proposing campaign signs be permitted 45 days prior to the election. The rationale for the increase to 45 days is this timing will allow the posting of campaign signs to commence on the last day of nominations. This in turn allows every candidate an equal amount of time to post campaign signs. Enforcement A significant amount of time has been devoted to the development of a new sign by-law that will be beneficial to both the sign industry and the community; however, the by-law will only be as effective as the approach the City takes with respect to enforcement. In consultation with other municipalities, the consensus is that a sign by-law is only as good as the enforcement of the by-law. Without adequate active enforcement the By-law will not be effective. Reactive enforcement has resulted in the abundance of illegal signs cluttering our streetscapes and roadways. Staff is proposing active enforcement for all types of signs, not just portable signs. The public expressed concerns about the current lack of active enforcement. Their thinking was that active enforcement would provide a level playing field for the sign industry as well as provide the community with a more pleasant appearance. There are several options available with respect to the enforcement approach once the new by-law is enacted: 1. Maintain the status quo; 2. Active enforcement for certain sign types; 3. Active enforcement for all sign types. At this time, there is 1 FTE assigned to enforce the provisions of the current sign by-law. It is significant to note that it would be a challenge for this 1 officer to be effective with respect to enforcing the provisions of the new by-law in the event that there is an increase in the desired level of enforcement. As such, there may be a need to increase short-term or long-term operational costs for enforcement depending upon the approach that is desired. These costs will be discussed later in the report under Financial Implications. 10 The proposed provisions in the draft by-law will allow staff to remove any sign in contravention of the by-law, with or without notice. It is proposed that any removed sign will be stored by the City for 30 days, during which time the owner would be entitled to claim the sign by paying the fee prescribed by Council. Failure to claim the sign would permit the City to dispose of the sign without further notice to the owner. The staff team believes that the new Sign By-law will have benefits for every business operator, the sign industry and all residents of Kitchener. With active enforcement we will be able to provide a better overall appearance of our city and eliminate the sign clutter that has overtaken our streets and sites. Failing this, Kitchener will ultimately suffer even more adverse impacts as these illegal signs continue to take hold and proliferate. Staff Review Committee An initiative of this magnitude required the resources and skills of a diversified staff team. Representation from the following areas was established to supply valuable information and expertise, as well as providing general oversight to the project. The members of the committee were: • Lisa Thompson, Development Technician • Sheryl Rice, Development Administrator • Ryan Mounsey, Senior Planner Urban Design • Ken Mayer, Coordinator, Transportation Planning • Jennifer Sheryer, Assistant City Solicitor • Lesley MacDonald, Director of Legal Services • Shayne Turner, Director of Enforcement • Brian Page, Supervisor of Site Plan Development This initiative will most likely have implications city wide and there will be "growing pains" as the By-law is applied. Situations may arise that were not anticipated or which are not addressed by the By-law. Consequently, staff recommends that the Supervisor of Site Plan Development and the Director of Enforcement report back to DTS Committee by December 2008 on the application of the By-law including any recommendations for change. Further Review of Portable Signs Staff is recommending a further review of the regulations governing portable signs to address several issues, including: • The existing Sign By-law does not allow the use of florescent colours on portable signs. This has caused a problem for enforcement staff as they are finding it difficult to determine whether a colour is "florescent" or a "hot" colour. Municipalities are now going the way of allowing only white or yellow letters on a black background, or black letters on a yellow or white background. • When a site has two or more businesses on it, a series of portable signs, which are supposed to be temporary, can become "permanent" signs. To address this 11 problem other municipalities are requiring a two week interruption period during which no portable signs can be located at the approved location before the issuance of the next sign permit. • If a site has an approved ground supported sign which contains either manual changeable copy or automatic changeable copy, should a separation distance be required between the ground supported sign with changeable/automatic copy and a portable sign, or should portable signs be prohibited on these sites. The above noted issues have only recently been identified and require further review as, in the opinion of the Committee they are not in keeping with the intent of the Guiding Principles identified at the onset of the sign by-law review. FINANCIAL IMPLICATIONS: To date staff has incurred minor expenses for advertising and mailing during the review process for the new sign by-law. To implement the proposed by-law, staff is predicting a revenue increase with the implementation of permit fees for the new sign types. Staff is recommending the following fees be added to the 2007 Schedule of Fees: • Awning sign - $20.00 per square metre of sign face (minimum fee $155.00) • Banner sign - $30.00 per sign/14 days • New Home Development sign - $650.00 per year (maximum 4 years) ENFORCEMENT FEES • Removal of an Unlawful Permanent Sign - $200.00 per sign or the actual cost of removing the sign, whichever is greater; • Storage Charge for an Unlawful Permanent Sign - $50.00 per sign per business day • Removal of an Unlawful Non-Permanent Sign - $50.00 per sign or the actual cost of removing the sign, whichever is greater; • Storage Charge for an Unlawful Non-permanent Sign - $25.00 per sign per business day Failure to obtain permits and erect signs in compliance with the by-law, coupled with existing enforcement on a complaint-only basis, creates an inequity between those who comply and those who do not. Staff estimates that approximately only 40-60% of permanent signs are obtaining the required permits. With active enforcement the percentage should increase which in turn would generate an increase in sign permit revenue. This revenue will continue to increase when we take into consideration the 12 expanded definition of portable signs, the addition of awning signs, banner signs, and new home development signs. Sign permit revenue for portable signs in 2005 was $117,050.00, in 2006 was $128,480.00. Permanent signs generated revenues of $26,360.00 in 2005 and $34,501.00 in 2006. There will likely be a related increase in operational costs associated with any substantial increase in enforcement as may be approved by Council. As mentioned previously, there is one officer assigned to enforce the current provisions of the By-law. A survey of other municipalities with some form of active enforcement suggests that 1 officer for a municipality the size of Kitchener would not be sufficient to actively enforce the new regulations. For example, the City of Mississauga, approximately 3 times the size of Kitchener, enacted a new sign by-law in 2002 and identified the need for 4 FTE's to enforce the provisions of their by-law. At this point, staff believe there may be several options available to Council to address the potential need for increased enforcement resources. However, it is not entirely clear at this point, what the full impact may be. The need for, and feasibility of, the various options will be dependant upon the direction given by Council. It is entirely possible that the costs of short and long term enforcement would not be totally offset by any increase in sign permit revenue. In the event that Council approves active enforcement with respect to all sign types, staff propose to develop options and report back to Council in the fall, on the financial implications of the options identified. This analysis and reporting is to be undertaken prior to engaging in such universal active sign enforcement. In the meantime, staff will work on an education program to inform those who may now be affected by the new by- lawprovisions, where they were not affected in the past. COMMUNICATIONS: Public meetings were held on November 15, 2005, March 30, 2006 and, February 15, 2007. Notice of all public meetings was placed in the Record and letters were sent to the sign industry and all interested parties. Copies of the comments received from the sign industry and the public are attached to this report as Appendix A. CONCLUSION: The proposed sign by-law will provide benefits to the business community, the sign industry and the community as a whole. It will uphold the Guiding Principles that were identified early in the review process. The new by-law will provide more flexibility for sign options to the business community and allow for active enforcement of the signs that do not comply with the by-law. 13 Depending on the approach to enforcement as approved by Council, there may be an increase in enforcement costs in the short-term, with a required analysis being undertaken to determine what, if any, impact there may be in the long-term. Brian Page, CET, CSLA, OALA Supervisor of Site Plan Development Jeff Willmer, MCIP, RPP Director of Planning Encl. Appendix A -Correspondence Appendix B -Detailed Changes to Sign By-law Appendix C -Proposed Sign By-law Appendix D -Pictorial Dictionary of Signs Appendix E -Separation Distance Diagrams Shayne Turner Director of Enforcement Rob Browning GM Development & Technical Services 14 May Zoo? S TAFF RECOMMENDA TI DNS OF CHANGES TO THE SIGN B Y-LA W NEW SECTION: Purpose of the By-law: 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; (fl do not create a distraction or safety hazard for pedestrians or motorists; (g) minimize adverse impacts on nearby public and private property; (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. NEW DEFINITIONS: A-frame sign - means a specific type of portable sign Building Elevation -means all exterior walls of a building facing the same direction. 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. Ground supported sign -means afree-standing sign which is permanently anchored in the ground. Illumination means lighting of a sign or advertising device, in whole or in part, by any artificial means and further: • External illumination means the sign reflects light from a light source intentionally directed upon it; • Internal illumination means the sign is illuminated by light emitted from within the sign; • Non-illuminated means the sign is not illuminated, either externally or internally. Lot line visibility corner- means a triangular area formed 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 Mixed Use Corridor- is an Official Plan land use designation that promotes transit supportive development along select primary streets within the general central neighbourhood area. Mobile sign - means a specific type of portable sign New Home Development Sign-means atemporary non-illuminated ground supported sign which provides information on sale or rental of new properties under development relative only to the residential subdivision development on the lands on which the sign is located. Parapet -means that portion of a building wall, which rises above the roof level of the structure. 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 a mobile or trailer sign, T-frame, A-frame, sandwich board and sidewalk sign. Poster sign - means a sign placed on street furniture. Retail Core -means areas zoned D-1, D-2 and D-3 in the City's Zoning By-law Sandwich boardsign - means a specific type of portable sign Sidewalk sign - means a specific type of portable sign Sign- means any device, objectorthing 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. Street line-means the property line abutting the lateral limit of a street. T-frame sign- means a specific type of portable sign Trailer sign- means a specific type of portable sign DELETED DEFINITIONS: Canopy sign Clearance sign Free-standing sign Ground sign Illuminated sign Pylon sign Swinging sign REVISED DEFINITIONS: Abandonedsign - 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 9o days after such activity is discontinued. 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 images. Fascia sign - means a sign constructed of rigid material attached to and generally parallel to a wall of a building, a parapet, a canopy orthe sloping portion of a mansard or similar roof. 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 "telephone, private parking, entrance, washroom, loading dock, staff only" and other similar directives. No sign with a commercial message legible from a position off the lot shall be considered incidental. Any incidental sign permanently anchored in the ground shall have a maximum height of o.9 metres. 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: • 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; • 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 fascia sign or ground supported sign that advertises the sale, rental, or leasing of all or a portion of any property or premises. Roof sign - means a sign erected upon or directly above the roof of a building. Window sign - means a sign placed inside a building visible through a window. GENERAL CHANGES TO BY-LAW: • Added maps showing the business parks, retail core, Mackenzie King Square and mixed use corridors • Improve wording to prohibit signs from being traffic visibility hazards • New regulations for illumination effect on adjacent residential properties: 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) lights used to externally illuminate a sign are arranged to direct light away from adjacent properties and roads; (c) the intensity of illumination between the hours of 10:04 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 property line that is closest to the light source and measured at a height of 1.5 metres above ground level. • Delete all reference to "conversion areas" • Prohibit billboard signs in commercial zones • Consistent minimum setback for signs along street frontage of 0.4 metres • Prohibit roof signs and tower signs in Mixed Use Corridors • Permit sidewalk signs in Mixed Use Corridors • Delete canopy signs completely (incorporated into fascia & projecting signs) • Delete fascia billboard signs completely • Permit banner signs in the retail core, commercial zones, park zones and agricultural zones • Permit awning signs in the retail core, commercial, industrial and business park zones • Window signs not to block or cover more than 50% of the window area • Signs and sign structures on a designated property or within a heritage conservation district shall comply with the provisions of the Ontario Heritage Act NEW SIGN TYPES WITH REGULATIONS: Awning sign Banner sign Construction Information Sign Ground supported sign New Home Development Sign Subdivision sign AWNING SIGNS: • New section addressing awning signs • A permit is required • regulations include minimum clearance, maximum area, illumination criteria • Prohibit covering architectural features of a building. • Fee $20.00 per square metre (minimum of $150.00} BANNER SIGNS: • New section addressing banner signs • a permit is required • maximum display time of 14 days • maximum of 3 permits per year per business • maximum size 6 metres x 1 metre with a minimum clearance of 2.44 metres • prohibit locating over architectural features of a buildings • maximum of one banner per property at any one time • Council approval required for banners on City property (forfestivals etc). Permit not required. • Fee to be $30.00 per sign. BILLBOARD SIGNS: • Delete "fascia" billboard and associated regulations. CAMPAIGN SIGNS: • Relocate all existing regulations for campaign signs to create a new article. • Increase display time to 45 days preceding the election date (was 30 days). CANOPY SIGNS: • Delete the article for canopy signs and all regulations. This has been incorporated into the fascia sign section. FASCIA SIGNS: • Increase maximum projection to 0.4 metres (was 0.35m) • prohibit any fascia sign projecting above the wall it's attached to • New regulations for signs to not exceed 90% of the width of the wall it's attached to, with a minimum separation of 0.3 metres between fascia signs. • Fascia signs are not permitted to cover architectural features of a building • One fascia sign per building may contain automatic changing copy. GROUND SIGNS: • Deleted in its entirety and replaced by "ground supported sign". GROUND SUPPORTED SIGNS: • New regulations for calculating maximum sign area as 0.3 square metres for each 1 metre of street frontage to a maximum of 20 square metres • new section to ensure signs are proportionate to the size of the lot they are on • Increase separation distance between ground supported signs on the same property to 50 metres (was 15 metres) • Prohibit signs within any visibility triangle unless they have a minimum clearance of 2.44 metres • Sign must have the municipal address and marketing name (if there is one) on the sign • Prohibit any temporary signs from being attached to supporting structure • Manual changeable copy or automatic changing copy section limited to 30% of sign face in commercial and industrial zones, which permit larger signs and 70% in residential and institutional zones, which permit smaller signs. • Limit height to 2 metres and area to 6 square metres for ground supported sign in areas designated as Mixed Use Corridor • Minimum setback of 0.4 metres from property line except for residential or institutional zones which remains at 3 metres Lot Frontage Maximum Sign Height Maximum Sign Area 15 to 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 INFLATABLE SIGNS: • No changes. NEW HOME DEVELOPMENT SIGNS: • New sign type for subdivision development • Maximum area 13 square metres • Maximum height of 6 metres • 50 metre separation distance from another New Home Development Sign • Signs are not permitted in any visibility triangle • Permit required. Valid for one year at a time. Can be renewed 3 times with a fee required. Beyond four years, approval from the Supervisor of Site Plan Development is required, with the required fee • Fee $650.00 per year PORTABLE SIGNS: • Signs cannot be located in any visibility corner • Portable signs are prohibited within 25 metres of a ground supported sign unless the ground supported sign has a minimum clearance of 2.44 metres • Portable signs shall not be illuminated by any artificial source or contain any animation or device that creates noise or motion • In the D-1, D-2 and D-3 zones and areas designated Mixed Use Corridor, signs may be located on an abutting City sidewalk but they must be as close to the building as possible and maintain 1.5 metres of clear sidewalk space • A portable sign structure with no copy on it shall be deemed to be a sign and must comply with all regulations • The City may grant permission to locate a portable sign on City or private property in the event of public road works restricting access to a business and no permit is required • Small portable signs (1.0 metre wide and 1.2 metres high) do not require a permit if they comply with the following: o Minimum setback of 7.5 metres from any streetline o If located on a walkway or patio shall leave a minimum of 1.5 metres of unobstructed passage o Signs are not located in a parking stall, loading zone or an aisle leading to a parking stall or loading zone o Signs shall not be placed within a traffic island, planting bed or grassed area o A maximum of one sign per business is permitted on a property POSTER SIGNS: • Relocated all existing regulations for poster signs to create a new section. PROJECTING SIGNS: • Minimum projection of 0.075 metres (7.5 cm) and maximum projection of 0.15 metres (15 cm) for a parallel copy surface • Maximum area of 1 square metre if attached to the underside of a canopy • Maximum sign area not to exceed 20% of the area of the building elevation on which the sign is located or a maximum of 1.5 square metres if attached to a light standard, flag pole • Non-rigid material must be supported from opposing ends keeping the material taut • Council may approve projecting signs on light standards, flag poles or similar structures on City property that advertise cultural events etc and do not require a permit • Minimum clearance of 4.3 metres for a sign with copy surface that is generally not parallel and within 0.6 metres of an area forvehiculartraffic, otherwise the minimum clearance is 2.44 metres • Minimum clearance of 4.3 metres for a sign with copy surface that is generally parallel and within 0.6 metres of an area for vehicular traffic, otherwise the minimum clearance is 0 metres • Projecting signs are not to cover architectural features of a building PYLON SIGNS: • Deleted in its entirety and replaced by "ground supported sign". REAL ESTATE SIGNS: • Only permitted on the property for sale, rent or lease • Maximum height of 2.0 metres and area of 1.0 square metre on a lot containing or permitting a single detached dwelling, semi-detached dwelling, duplex dwelling, street townhouse dwelling or multiple dwelling having 3 to 6 units • Maximum height of 4 metres and area of 6 square metres for anon-residential building or multiple dwelling having more than 6 units, on a lot at least 15 metres wide • Only 1 sign per property except multi-residential ornon-residential ROOF SIGNS: • Maximum sign height of 1.5 metres on a building less than 6 metres high • Maximum sign area of 6 square metres on a building less than 6 metres high • Maximum sign height of 3 metres on a building 6 metres high or greater • Maximum sign area of 10 square metres (was 50m2) on a building 6 metres high or greater • A roof sign shall contain only the name or logo of the business located on the property SIDEWALK SIGNS: • Deleted in its entirety and incorporated into portable signs. SPECIAL EVENT DIRECTIONAL SIGNS: • Increase maximum height to 0.9 metres (was 0.75m) SUBDIVISION SIGNS: • New section with regulations from the subdivision agreement. Signs are required under the subdivision agreement • Permit is required • Sign to be located outside of the yard setbacks and outside any visibility triangle. Location to be approved by the Manager of Development Review or designate • Minimum sign clearance of 1.5 metres • Maximum height of 6.0 metres • Maximum sign area of 13 square metres • Graphics must be approved by the Manager of Development Review or designate • Signs to be conveniently accessible • Low maintenance landscaping around the sign may be required • Suitable parking and pedestrian access may be required • Sign to be landscaped in accordance with an approved landscape plan to the City's approval • Information on the sign to be current and a notice to be posted on the sign advising that the information may not be current and to inquire at the City of Kitchener TOWER SIGNS: • Signs cannot be located in any visibility triangle PERMIT FEE: • Permits are not required for banners on City property in locations authorized by Council • Permits not required for small portable signs (maximum 1 m wide x 1.2m high) in D-1, D-2, D-3 zones and areas designated Mixed Use Corridor, or if the sign is located a minimum of 7.5 metres from a street line, on a pedestrian walkway or patio, leaving a minimum of 1.5 metre of clear passage, not in a parking or loading space or aisle leading to a parking or loading space, and not in a traffic island or shrub bed • Permits are no longer required for projecting signs on City property at locations authorized by Council • New clause to permit City to revoke a sign permit for cause INSPECTIONS: • Inspections are required for all ground supported signs, tower signs, billboard signs, subdivision signs or new home development signs • Inspection request must be made at least 2 business day in advance of the requested inspection date PENALTIES AND ENFORCEMENT: • Signs erected or displayed in contravention of the by-law may be immediately pulled down or removed by the Director of Enforcement or his designate • Any sign removed by the City shall be stored for up to 30 days. The owner or agent may claim the sign during the 30 day period by paying the fee as prescribed by Council • Any sign removed that in the opinion of the Director of Enforcement or designate is not salvageable may be disposed of forthwith and the owner shall not be entitled to compensation • If the sign is not claimed within the 30 days, the City may destroy or dispose of the sign without notice to the owner • Any cost for removal, repair, transportation and or storage of any sign may be recovered from the owner of the property on which the sign was located by adding the fee to municipal taxes • Proposed enforcement fees: o Removal of an unlawful permanent sign - $200.00 or actual cost of removal, whichever is greater o Storage charge for an unlawful permanent sign - $50.00 per business day o Removal of an unlawful temporary sign - $50.00 or actual cost of removal, whichever is greater o Storage charge for unlawful temporary sign - $25.00 per business day FUTURE REVIEW: Staff are proposing to report back to the Development and Technical Services Committee by December 2008 regarding the application of the new Sign By-law including any recommendations for changes as may be applicable at that time; and further, DTS staff are proposing to undertake a further review of the regulations governing portable signs and to solicit input from the sign industry and public. • Fluorescent colours have caused a problem for inspection staff, is it "fluorescent" or a "hot" colour. Some municipalities allowing only white or yellow letters on a black background, or black letters on a yellow orwhite background. • Portable signs, becoming permanent sign locations. Suggestion is to have a two week interruption period before the issuance of the next sign permit. • Sites with approved Ground Supported Signs containing changeable copy - should a separation distance be required or should Portable Signs be prohibited on these sites? PROPOSED BY-LAW May 16, 2007 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to regulate 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; (fl do not create a distraction or safety hazard for pedestrians or motorists; (g) minimize adverse impacts on nearby public and private property; (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 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. 2007-05-23 2 "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 sexfilms 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 incompliance 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 aself-supporting structure which projects horizontally from the building face or wall and can be either retractable ornon-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, orfascia sign. "billboard sign" means a 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 exteriorwalls 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. "campaign sign" means a sign used to advertise any person or political party participating in an election for public office. "canopy" means anon-retractable roof-like projection which projects horizontally from the building face orwall, extends across part or all of that building face orwall, or is a free-standing structure supported from the ground, and is 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 andlor 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 are commonly referred to as "Contractor Job Site" signs. "copy" means the wording and symbols on a sign. 2007-05-23 "corner visibility triangle" means a triangular area formed within a corner lot by the intersecting street lines orthe 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. "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. "erected" 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, orthe sloping portion of a mansard orsimilar roof. "flashing sign" means a sign which contains an intermittent orflashing light source, or which includes the illusion of intermittent orflashing light by means of illumination or an externally mounted light source, but shall not include automatic changing copy signs. "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 lots separated from a street by land owned by the City orthe 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. "ground supported sign" means afree-standing sign which is permanently anchored in the ground. "Huron Business Park" means the lands bounded by Westmount Road East, 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 nor internally. "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 "telephone", "private parking", "entrance", "washroom", "loading dock", "staff only", and other similar directives. No sign 2007-05-23 4 with a commercial message legible from a position off the lot shall be considered incidental. Any incidental sign permanently anchored in the ground shall have a maximum height of 0.9 metres. "inflatable sign" means a sign designed to be 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 orthe 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 an Official Plan land use designation that promotes transit supportive development along select primary streets within the general central neighbourhood area. See maps in ; as shown on the various maps attached in Appendix B. "mobile sign" means a specific type of portable sign. "new home development sign" means a temporary non-illuminated ground supported sign which provides information on sale or rental of new properties under development, relative only to the residential subdivision development on the lands 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. Non-accessory signs are commonly referred to as third-party signs. "Ontario Building Code" means the Building Code X992, S.O. 7992, 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. 2007-05-23 5 "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 a mobile or trailer sign, 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) 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) 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, objectorthing 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. 2007-05-23 6 "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 afree-standing sign which is used solely forthe 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 affords principal means of access to adjacent lots. "street line" means the property 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. "T-frame sign" means a specific type of portable sign. "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. "window sign" means a sign placed inside a building visible through a window. "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 orthe masculine gender only, shall include more persons, parties orthings 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 and not directory. 2007-05-23 7 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 thatwas 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- lawand 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 Actor 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 or displayed 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 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, 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. 2007-05-23 18. Signs shall not: 8 (a) obstruct pedestrian or vehicular traffic; (b) obscure clear visibility of normal approaching pedestrian or vehicular traffic; (c) be erected or displayed so as to be, by nature of the colour, shape, operation, content, illumination or location thereof, 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 cornervisibility 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 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. 24. All electrical signs shall comply with the regulations of the Electrical Safety Authority. 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 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. 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 property line that is closest to the light source and measured at a height of 1.5 metres above ground level. 27. 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. 2007-05-23 9 28. 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. 29. 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. 30. Signs within 3 metres of an electrical transmission line shall require the approval of Kitchener-Wilmot Hydro Inc. and/or the Electrical Safety Authority. 31. Automatic changing copy on a sign shall not be located within 150 metres of any residential zone, or within 23 metres of a street intersection or traffic light. 32. Except as otherwise provided in this By-law, 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 (third-party) signs. (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; (fl signs advertising adult sex film theatres, except those signs erected and displayed in compliance with Sections 36(c) through 36(fl inclusive. 33. Except as otherwise provided in this By-law, the following signs are PERMITTED in all zones: (a) address signs; (b) campaign 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; (fl 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 of 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 development signs. 2007-05-23 10 PART 3-PERMITTED SIGNS BY ZONING DESIGNATIONS 34. 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 (fl projecting signs 35. 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; (fl 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. 36. The following signs are permitted in industrial and business park zones: (a) awning signs (b) billboard signs (c) fascia signs (d) ground supported signs (e) portable signs (fl projecting signs (g) roof signs (h) inflatable signs (i) tower signs 37. 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 park zones only 38. The following signs are permitted in agricultural zones: (a) banner signs (b) fascia signs (c) ground supported signs 2007-05-23 11 PART 4 -AWNING SIGN REGULATIONS 39. Unless otherwise provided in this By-law, awning signs shall be erected in accordance with the regulations set out in this Part. 40. 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. 41. The total area of an awning structure shall not exceed 30% of the wall area to which the awning structure is located and the sign face shall not exceed 80% of the awning length. 42. Awning signs may be externally illuminated or internally illuminated ornon-illuminated. 43. 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, coining, cornice, casing, keystone, sill, gable, portico, toothing or lintels. PART 5 -BANNER SIGN REGULATIONS 44. Unless otherwise provided in this By-law, banner signs shall be erected in accordance with the regulations set out in this Part. 45. A banner sign shall require a permit when located on private property. 46. Banner signs shall have a maximum display period of 14 days. 47. A maximum of three (3) permits for banner signs may be issued for any one business or use in any calendar year. 48. The maximum dimensions of a banner sign shall be 6 metres by 1 metre, except for a banner erected over a City Street at a location approved by Council. 49. Banner signs shall have a minimum clearance of 2.44 metres above grade. 50. 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, coining, cornice, casing, keystone, sill, gable, portico, toothing or lintels. 51. A maximum of one banner sign is permitted on a lot at any one time. 52. 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 53. Unless otherwise provided in this By-law, billboard signs shall be erected in accordance with the regulations set out in this Part. 2007-05-23 12 54. Billboard signs shall not be located within 150 metres of any residential zone. 55. 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. 56. 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. 57. In locations deemed appropriate by the Supervisor of Site Plan Development, billboard signs shall be landscaped in accordance with a landscape plan approved by the Supervisor of Site Plan Development. 58. 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. 59. Billboard signs are prohibited within 300 metres of another billboard sign. 60. 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 61. 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 -CAMPAIGN SIGN REGULATIONS 62. Unless otherwise provided in this By-law, campaign signs shall be erected in accordance with the regulations set out in this Part. 63. No campaign 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. 64. Campaign signs displayed on private property shall have a maximum area of 1.5 square metres. 65. Notwithstanding Section 64, campaign signs greater than 1.5 square metres shall comply with the corresponding regulations for signs in each zone with respect to structure, location, dimensions and sign characteristics. 66. Campaign 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. 2007-05-23 13 67. Campaign 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 of Enforcement may have such signs removed. PART 8 -CONSTRUCTION INFORMATION SIGN REGULATIONS 68. Unless otherwise provided in this By-law, construction information signs shall be erected in accordance with the regulations set out in this Part. 69. The maximum sign area for a ground supported construction information sign shall be 13 square metres. 70. The maximum sign height for a ground supported construction information sign shall be 6 metres. 71. The minimum setback from any property line for a ground supported construction information sign shall be 0.4 metres. 72. Construction information signs shall not be located in a cornervisibility triangle, driveway visibility triangle or lot line visibility triangle. 73. Notwithstanding Sections 69, 70 and 71, 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; and (c) minimum setback of 0.4 metres from any property line. 74. 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 property line. 75. Construction information signs attached to the fascia of a building shall be erected in accordance with the regulations for Fascia signs. 76. All construction information signs shall be removed upon completion of the project. PART 9 -FASCIA SIGN REGULATIONS 77. Unless otherwise provided in this By-law, fascia signs shall be erected in accordance with the regulations set out in this Part. 78. The maximum projection from any wall to which a fascia sign is attached shall be 0.4 metres. 2007-05-23 14 79. No fascia sign shall project above the maximum elevation of the facade of the building, including any parapet to which the fascia sign is attached. 80. 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 within 0.6 metres of an area intended for vehicular traffic; 81. Advertising copy shall be prohibited on the ends of a fascia sign. 82. The total sign area of all fascia signs shall not exceed 30% of the building elevation on which the fascia sign(s) is/are located. 83. Notwithstanding Section 82, 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 1 ~% of the building elevation on which the sign is located, but in no case greater than 9 square metres. 84. 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. 85. 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 orsemi-detached dwelling. 86. Notwithstanding Sections 82 and 83, 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. 87. Fascia signs accessory to a home business (including private home day care) shall not be internally illuminated. 88. A fascia sign accessory to a home business shall not be permitted to have automatic changing copy. 89. A fascia sign shall not exceed 90% 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. 90. No fascia sign shall directly abut another fascia sign and shall have a minimum separation distance of 4.3 metres between signs. 91. 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, coining, cornice, casing, keystone, sill, gable, portico, toothing or lintels. 92. A maximum of one fascia sign containing automatic changing copy shall be permitted on a building and shall not be located within 150 metres of any residential zone or within 23 metres of a street intersection or traffic light. 2007-05-23 15 PART 14 -GROUND SUPPORTED SIGN REGULATIONS 93. Unless otherwise provided in this By-law, ground supported signs shall be erected in accordance with the regulations set out in this Part. 94. Ground supported signs are permitted for each lot having a minimum continuous street frontage of 15 metres. 95. 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. 96. The maximum sign area for a ground supported sign shall be calculated as 0.3 metres for each 1 metre of frontage or portion thereof, but in no case shall any sign have a sign area greater than 20 square metres. 97. Sign Height and Area Requirements shall be as follows: Lot Frontage Maximum Sign Height Maximum Sign Area <_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 98. In no case shall a ground supported sign exceed 7.5 metres in height or 20 square metres in area. 99. Notwithstanding Section 97, 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. 100. Notwithstanding Section 97, 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. 101. Notwithstanding Section 97, in all residential zones or institutional zones, ground supported signs accessory to a multiple residential ornon-residential use legally established on the lot shall have a maximum sign height of 3.0 metres. 102. Notwithstanding Section 97, in all residential zones or institutional zones, ground supported signs accessory to a multiple residential ornon-residential use legally established on the lot shall have a maximum sign area of 3.0 square metres. 103. Ground supported signs shall have a minimum setback of 0.4 metres from any property line. 104. Notwithstanding Section 103, 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 property line. 105. 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 2 signs shall be permitted on a lot greater than 50 metres in width. 2007-05-23 16 106. 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. 107. Ground supported signs are prohibited within any corner visibilitytrlangle, 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. 108. Ground supported signs shall contain the municipal address(es) of the property on which the ground supported sign is located and the common marketing name of the development (if applicable) in numerals and lettering that are a minimum height of 15.0 centimetres. 109. 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 ornon-residential use legally established on the property. 110. No temporary signs, posters or banners shall be affixed in any manner to a ground supported sign. 111. Any manual changeable copy or automatic changing copy component of a ground supported sign shall be limited to 30% of the sign face. 112. Notwithstanding Section 111, 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% of the sign face. PART 11 -INFLATABLE SIGN REGULATIONS 113. Unless otherwise provided in his By-law, inflatable signs shall be erected in accordance with the regulations set out in this Part. 114. Inflatable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the Supervisor of Site Plan Development. 115. The sign owner's name, current business address and current phone number shall be permanently affixed to the sign in a readily identifiable location. 116. Inflatable signs shall be permitted on a lot having a minimum continuous street frontage of 15 metres. 117. 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. 118. 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). 2007-05-23 17 119. Inflatable signs are prohibited within o.4 metres of any lot line, within 10 metres of any traffic light orwithin a cornervisibility triangle, driveway visibility triangle or lot line visibility triangle. 120. Inflatable signs are prohibited within 10 metres of a ground supported sign, a portable sign or another inflatable sign on an abutting lot. 121. Inflatable signs are prohibited within 10 metres of a ground supported sign, or portable sign on the same lot and within 5o metres of any other inflatable sign on the same lot. 122. A maximum of one inflatable sign may be displayed on the roof of a building provided no permanent roof sign is erected thereon. 123. One inflatable sign shall be permitted for each business or use at any one time. 124. The simultaneous display of a portable sign and an inflatable sign by the same business or use on a property is prohibited. 125. A business shall be permitted to display an inflatable sign for a maximum of 45 days in any calendar year. 126. Sign permits for inflatable signs shall be issued for periods of 1 to 15 consecutive days only. Where a sign permit for an inflatable sign is issued for a display period of 15 consecutive days, a 7 day waiting period is required before an inflatable sign may be displayed under a new permit. 127. 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 3o 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 forwhich the sign permit was issued. 128. All inflatable signs shall be properly secured. PART 12 -NEW HOME DEVELOPMENT SIGN REGULATIONS 129. Unless otherwise provided in this By-law, new home development signs shall be erected in accordance with the regulations set out in this Part. 130. New home development signs shall have a maximum area of 13 square metres. 131. New home development signs shall have a maximum height of 6.o metres 132. New home development signs are prohibited within 50 metres of any other new home development sign along the same continuous street frontage. 133. New home development signs shall be designed and located so as not to impede the visibility or movement of pedestrian and vehicular traffic. 134. New home location signs shall have a minimum setback of o.4 metres from any property line. 135. New home development signs shall not be located in any corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 2007-05-23 18 136. 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 Supervisor of Site Plan Development, and will be subject to the required sign permit fee for each additional year or part thereof. 137. New home development signs shall only be located on the land under development. PART 13 -PORTABLE SIGN REGULATIONS 138. Unless otherwise provided in this By-law, portable signs shall be erected in accordance with the regulations set out in this Part. 139. Portable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the Supervisor of Site Plan Development. 140. The sign owner's name shall be permanently affixed to the frame of the portable sign in a readily identifiable location. 141. 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. 142. 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. 143. Notwithstanding Section 142, 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. 144. 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. 145. Each portable sign permit shall be valid for a period of thirty (30) continuous days. 146. 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. 147. 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. 148. The portable sign shall advertise only the business or use for which the sign permit was issued, except as otherwise provided. 149. Simultaneous display of a portable sign and an inflatable sign by the same business or use on a lot is prohibited. 2007-05-23 19 150. Portable signs shall have a maximum height of 3 metres and a maximum area of 5.6 square metres. 151. 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. 152. 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. 153. No part of a portable sign or its copy attached thereto may contain material having fluorescence. 154. 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; (fl signs erected in accordance with subsection (a) through (e) do not require a permit 155. Portable signs shall only be non-illuminated, and shall not contain any animation or device that creates noise or motion. 156. Where it is not possible to locate the sign entirely on the same lot, the sign may be placed on an abutting City sidewalkwithin 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. 157. 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. 158. 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 of Enforcement or Supervisor of Site Plan Development at no cost. A portable sign may be erected at a location approved in writing by the City's Director of Enforcement or Supervisor of Site Plan Development provided any private property owner has granted consent. Signs shall be permitted for a 2007-05-23 20 period of time as approved in writing by the City's Director of Enforcement or Supervisor of Site Plan Development and shall not exceed the duration of the construction work. 159. Automatic changing copy shall not be permitted on any portable sign. PART 14 -POSTER SIGN REGULATIONS 160. Unless otherwise provided in this By-law, poster signs shall be erected in accordance with the regulations set out in this Part. 161. 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. 162. Notwithstanding Section 161, 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. 163. Where, in the opinion of the Director of 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 Director of Transportation Planning is authorized to remove any poster sign displayed thereon, without notice or compensation to its owner. 164. 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. 165. Unless otherwise provided in this By-law, a poster sign 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 2.14 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; (fl 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; (h) a poster sign and its attaching devices shall be removed by the owner of the poster sign, within fourteen days from the date of posting or within forty-eight 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. 2007-05-23 21 166. The City reserves the right to remove any poster sign erected, posted or displayed contrary to Sections 160 to 164 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 Acf. 167. 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 takedown the standard or pole upon which it is displayed. PART 15 -PROJECTING SIGN REGULATIONS 168. Unless otherwise provided in this By-law, projecting signs shall be erected in accordance with the regulations set out in this Part. 169. Projecting signs shall be permitted for each lot having a minimum continuous frontage of 6.0 metres. 170. The maximum projection for a projecting ign shall be 1.5 metres. 171. Notwithstanding Section 170, projecting signs having a copy surface generally parallel to the building elevation shall have a minimum projection of 0.075 metres (7.5 cm) and a maximum projection of 0.15 metres (15 cm). 172. The total sign area of all projecting signs shall not exceed 20% 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 or flag pole. 173. Notwithstanding Section 172, projecting signs shall have a maximum area of 1 square metre when attached to the underside of a canopy. 174. Notwithstanding Sections 172, projecting signs having a copy surface generally parallel to the building shall have a maximum area of 24 square metres. 175. Projecting signs shall not extend above the wall or parapet on which they are erected. 176. A projecting sign constructed of non-rigid material shall be supported from opposing ends keeping the non-rigid material continuously taut. 177. 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. 178. 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. 179. 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 4.6 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 2007-05-23 22 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. 180. Projecting signs may have external illumination only. 181. 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, coining, cornice, casing, keystone, sill, gable, portico, toothing or lintels. PART 16 -REAL ESTATE SIGN REGULATIONS 182. Unless otherwise provided in this By-law, real estate signs shall be erected in accordance with the regulations set out in this Part. 183. No person shall place, or permit to be placed a real estate sign except on the property or premises for sale, rent or lease. 184. Fascia real estate signs shall be erected in accordance with the regulations set out in the Fascia Sign section. 185. 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, asemi-detached dwelling, a duplex dwelling, a street townhouse dwelling or a multiple dwelling having 3 to 6 units. 186. Notwithstanding Section 185 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 anon-residential building. 187. Ground supported real estate signs shall not be located in a corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 188. Only 1 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) anon-residential building. 189. Notwithstanding Section 188, 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. 190. Real estate signs do not require City approval, but must be relocated or removed if requested by the Director of Enforcement or the Director of Transportation Planning. PART 17 -ROOF SIGN REGULATIONS 191. Unless otherwise provided in this By-law, roof signs shall be erected in accordance with the regulations set out in this Part. 2007-05-23 23 192. A maximum of one roof sign shall be permitted on a building. 193. The maximum height of a roof sign shall be 1.5 metres on a building which is less than 6 metres in height. 194. The maximum area of a roof sign shall be 6 square metres on a building which is less than 6 metres in height. 195. The maximum height of a roof sign shall be 3 metres on a building which is 6 metres in height or greater. 196. The maximum area of a roof sign shall be 1 ~ square metres on a building which is 6 metres in height or greater. 197. Roof signs shall not extend beyond the perimeter of the building and the supporting structures of roof signs shall be screened. 198. A roof sign shall only contain the logo and/or name of the business located on the property. PART 18 -SPECIAL EVENT DIRECTIONAL SIGN REGULATIONS 199. Unless otherwise provided in this By-law, special event directional signs shall be erected in accordance with the regulations set out in this Part. 200. Special event directional signs shall contain no means of illumination or animation. 201. Special event directional signs shall have a maximum height of 0.9 metres. 202. Special event directional signs shall have a maximum width of 1 metre. 203. The maximum display time for a special event directional sign shall be five hours in any continuous twenty-four hour period. 204. Special event directional signs may be erected on private property with the consent of the property owner. 205. 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. Vllhere 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 traveled roadway. 206. 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 19 -SUBDIVISION SIGN REGULATIONS 207. Unless otherwise provided in this By-law, subdivision signs as required under the Planning Act shall be erected in accordance with the regulations set out in this Part. 2007-05-23 24 208. 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 of Development Review or designate. 209. Subdivision signs shall have a minimum sign clearance of 1.5 metres. 210. Subdivision signs shall have a maximum height of 6.0 metres. 211. Subdivision signs shall have a maximum sign area of 13 square metres. 212. 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 bufferllandscaping 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 of Development Review or designate. 213. 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. 214. 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 Development and Technical Services Department. PART 24 -TOWER SIGN REGULATIONS 215. Unless otherwise provided in this By-law tower signs shall be erected in accordance with the regulations set out in this Part. 216. Tower signs shall be permitted for each lot having a minimum continuous frontage of 75 metres. 217. Notwithstanding Section 216 one tower sign is permitted for each corner lot, as defined in Section 3, having a minimum combined frontage of 75 metres. 218. Tower signs are prohibited within 0.4 metres of any lot line. 219. Tower signs are prohibited within 0.6 metres of an area intended for vehicular traffic. 220. Tower signs are prohibited within any corner visibility triangle, driveway visibility triangle or lot line visibility triangle. 221. Notwithstanding Section 218, 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. 2007-05-23 25 222. The maximum width of any side of the sign structure shall be 3.8 metres. 223. Separation distances fortower 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 (c) Tower Signs are prohibited within 25 metres of a ground supported or tower sign on an abutting lot. 224. A maximum of four tower signs shall be permitted on a lot. 225. Tower signs shall contain the municipal address(es) of the property and the common or marketing name of the development (if applicable) in numerals and lettering that are a minimum height of 15.0 centimetres. PART 21 -PERMITS 226. No person shall erect, display, alter or relocate any sign without first having obtained a sign permit from the City to do so. 227. Notwithstanding Section 226, 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) campaign signs; (d) construction information signs when erected on a property containing a single detached dwelling, asemi-detached dwelling, a duplex dwelling or street townhouse dwelling; (e) flags; (fl 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 154 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; (j) special event directional signs; (k) window signs; (I) 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. 2007-05-23 26 228. 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. 229. 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; fib) the sign does not conform to this By-law, the Ontario Building Code 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 22 -INSPECTIONS 230. 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. 231. A person to whom the sign permit has been issued shall give notification requesting an inspection at least 2 business days in advance of the required inspection time. 232. The City may, at all reasonable times, inspect a sign in accordance with the provisions of this By-law. PART 23 -VARIANCES -COMMITTEE OF ADJUSTMENT 233. The Committee of Adjustment of the City is hereby appointed as a Standing Committee of Council forthe purpose of enquiring into and reporting on any application for minor variances from the provisions of this By-law, in a mannerthat is in accordance with their authority and procedures, as established under the Planning Act. 234. 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. 235. The Chief Administrative Officer of the City shall place all reports made by the Committee of Adjustment under this Article before Council. PART 24 -PENALTIES AND ENFORCEMENT 236. The City's Supervisor of Site Plan Development shall be responsible for the administration of this By-law and the Director of Enforcement shall be responsible for overseeing the enforcement of this By-law. 237. If, in the opinion of the 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 Ontario Building Code Act. 238. 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. 2007-05-23 27 239. Where a sign is erected or displayed on any property in the City in contravention of any provisions of the By-law, the Director of 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 forthe erection or display of the sign. 240. Notwithstanding any other provision of this By-law, any sign that, in the opinion of the Director of Enforcement, the Director of Transportation Planning or the 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. 241. Any sign removed as provided for in this section that in the opinion of the Director of 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. 242. Any sign removed in accordance with the provisions of this section that in the opinion of the Director of Enforcement or designate is not salvageable may be disposed of forthwith and the owner shall not be entitled to compensation 243. 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. 244. 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. 245. 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 x$5,400), exclusive of costs, pursuant to the Provincial Offences Act, R.S.O. 1990, c.P33. PART 25 - SEVERABILITY 246. 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 26 -REPEAL -ENACTMENT 247. By-law 2005-194 and By-law 2046-79 are hereby repealed. 248. 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. 2007-05-23 28 EFFECTIVE DATE 249. This By-law shall come into force and effect on the date of passage of this By-law. PASSED at Council Chambers in the City of Kitchener this day of , A.D. 2007. Mayor Clerk Appendix "D" Pictorial Dictionary Of Signs AWNING SIGNS: means aself-supporting structure which projects horizontally from the building face or wall and can be either retractable ornon-retractable. .~~. W.m~ ? +p e~',T ~ID n ~ ... I e ~ a 4 „~ r ~~ t ~„t, ~, r ~,~ ,~,, ;, w ;~ BANNER SIGNS: 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. y. ~ H nd~~rtiM,~ s ~ ~ A?(~ d y11AN~ ~ 1 ~x.~ . Fpm ~., Grp, 0 ~ ~ ~ a a ~ ,, ~ .~,3,., r ~t ixt u~ !~ „it ..;. i , .arc, ,.svw - _._ :.:.. .»~_, „ , a ~.n BILLBOARD SIGNS: means a sign advertising a business, use, product or idea not located on the same lot as the sign is located CAMPAIGN SIGNS: means a sign used to advertise any person or political party participating in an election for public office. 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, and shall be removed upon completion of the project. Construction information signs are commonly referred to as "Contractor Job Site" signs. FASCIA SIGNS: means a sign constructed of rigid material, attached to a wall of a building, a parapet wall, a canopy, or the sloping portion of a mansard roof. I ~~ 1 GROUND SUPPORTED SIGNS: means a free-standing sign which is permanently anchored in the ground. ` ;, ~ ~ ~° „~ ~, ,, tit ~ ea' '~'~t , ~.~ ~c~~~ti ~~~4 k.,/a r i 1 ~ } ~I'{p q J I.IIIA~~jj '~~ P ~tk Nc~r,~ rt+~"'- d _,, i) ' ~W; ........ i ' i i ~? 1 ' S ~. .._.. ~.~, ~ ,w :W.«..._r.w. ~„ ~~ rS ~ a° .off.:. _ _. °,~~' `~„ ~~' a.• :v„ rg INFLATABLE SIGNS: means a sign designed to be airborne and tethered to the ground, a vehicle or any other structure, and shall include balloons. ,~ i, .. ,f you U i' ~~ + i S~ 1 1 NEW HOME DEVELOPMENT SIGNS: means a temporary non-illuminated ground supported sign which provides information of sale or rental of new properties under development, relative only to the residential subdivision development on the lands on which the sign is located. ~~~~ 5~ nw "~rru i ~ ~ v ~ ~~ 1 i ~ *M 1 r~ ~ y~ t . m~..: .,., t ~~~y~ pia u~d "r ~ ry^% I~~ t ~ £ .;~ ' ~ M1t fit,' ~ ~ih x ti ~'. `~~ t 't Yi Y,~~Y~\q f~ fu ~'9 ~ u~7{~t~ trd1~~ car, A ,~, ~ ~i~ ~lFP,~ ~~y ~ ~ \~~~~st~~,l~~~~~~y jY~t l ~~r~ ~1'h~V V \~r, a u~ u~~~ ,.1 h. C ., l I ~7 I .5 J~0.R `y t'~' ~ ~ 1 ~ ~~~' 1 ~ 1 „ i a .1'~ ~- " (~ a a ti, ~A~~~~ P s ~~ N ~1.~ wr~~ ~; ~ ~~. ~ ~ `~ ,,, , V~ il~ ~: 7 ~ '+ ~ 4 P~~ `''"' PORTABLE SIGNS: 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 what is commonly known as a mobile or trailer sign, T-frame, A-frame, sandwich board and sidewalk signs. ` ~ Mp uk~ j~ ~~ ~ ~. j „ I ~ i 6 '~~ ~ ° l E ~ ~. ~~ ~ ~~ b.. 6 ~ ~ B ;,~ ~' r,, a ~~,~:~<:l~x~, ~ ~~ ~ r rr ~~~ ~~~ q`~ ~i t~ s ~ ~`xxx,q,~ w.... ~r.~~" ". ~~ ~ r ~~, ~~ ~, ~. ~. ~~ ' " ' 'Wydkfls + $ w.'Y. i y'~ ~~~ 9M~f.~ 4 x?~ubxl~L ,,, 1~ ~~ ~ 0.~.' f; ~fi-a4~6 x k, 7 K~, tit (r., POSTER SIGNS: means a sign of paper or cardboard placed on a street light standard, hydro utility pole, or combination thereot PROJECTING SIGN: means a sign constructed of either rigid or non-rigid material, attached to a wall, light standard or flag pole, or the underside of a canopy. Signs constructed of rigid material shall have a copy surface that is not parallel to that wall, light standard or flag pole, or underside of the canopy. Signs constructed of non-rigid material shall have a copy surface that can be either parallel or not parallel to that wall, light standard or flag pole, or under side of the canopy ~~ 7, -~,~ i ~~~ ~~ ~ y~~'elJ in~sk'' ~xrih~ ~ ~;~. cif .Y15 r'F~ t ~ ~' 1 ,~ k { eq ~I ~~ ~ , ~ ~ ~ ,, ~~~ ;~ , o~; ~ ~~ ~ ~' Ill ~'Y' ~ ~ d , 1~~~ ~~ ~: ` { i4i l j ¢~.` ~ +~~~ ~ 1 ~ ~ , ~,r. ti~i p~,r ~ ' ~ i~° , i .' R n'. a~ ~ to ~ ,° ~-. REAL ESTATE SIGNS: means a temporary non- illuminated sign that advertises the sale, rental, or leasing of all or a portion of any property or premises. ROOF SIGNS: means a sign erected upon or directly above the roof of a building. ~ ~~-~ r~:~.y ; ~ ~~ i ~~ '~ , ,~ ~ ~~~ ,t ,' ~~ ~, ~, ., ~. ~~ ~~ ~ ~~~; ~s S 4 y+ t ~ hS i~ ~ ~ ~ ' i ~, ~ ~1 ~ a i; ~ ~ ~ ~ {l • ~ h. ~ ~ i u , H (~ '~ ~ ~ SPECIAL EVENT DIRECTIONAL SIGNS: means afree-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. Y~ IN ~. ,~,AM~ , 1 k 1 ~. SAY 1 ~ 1 Y+ ~p~q~y ~ ~,• ~ ~ ~ ~~~~)1~~~~~~~~~~~. ~~»~~Ei..*~akti~i~riG496~T~Yf~~~d~ ~~u~VMil~~u µ (~! ~ I '~ .. LL3~ ~ ~ r fib, , hS .y.i. ~~Y `~q ~ .* ~ '~ ~ , , "* A ; ~ ~ ~ ~ e 2 t i F ~" C~bw ~~~ ~ ~ t ~~~ a ~ ~ ~ ~. ~ ~ ~ ~~ x ~! ti+ " ' if, fix ,rn.~^ ` n t t p r~~'~Lt ~~S ~ ~ y~4'; ~~ ~ ~yr~. ~y'~ ~a '.~5.~ ~+C '7' ~ i i ~ faY, t~q r x~. ~,h.~ ~ ~''~. ~7 ~ ~~, ' '~ "~ D . ~~ W P , i ~~, ~ ; ~ ~ k L .,Z; ~,i' SUBDIVISION SIGNS: means a sign required as a condition of approval of a Plan of Subdivision under the PlanningAct TOWER SIGNS: means a freestanding, permanently anchored, four-sided sign which contains mechanically driven rotating display panels and may contain an area devoted to permanent copy. ,. t ~:~ ~ ~~~ ~~1 ~~~ ~~t~wr~~~~~ ~a a ~; ._ ~ ~~~~ ``~~" A ~~ I',~ ~ ~ P I .. BFt~i r .y ~~r ~ if ~i~~~, ~~ r 7 ~ ap rt ` ~ .:' ~ y~ ,.. ,y",i¢ b 55 M f ~ ~~~~~~ ~~~~~~~~ is ~ ~ ~, ,t ,rN f~ w r ~4 , ,V+k , a ~ v w Aj° ~~ ,w~ i ~~l y ~ ~ ~~~ ~~`'~ 5,~ ~ ;~ W u, lws ~ •, ~~ I ~ ~~ - -~ - == r ', _ ~~ i i~' ~~' L• ~, +, IiJ iS 5 1 T ~~ ~. ,y . { i~ .,- h- ~~ :~ ~' 41 •~ '. r-. ~,: r-~ • i I ~°~ r-. '`1 •,~ 5 LL r.. J r;~ ~•,• ~i ~ i 5~ i~ i~ •ti i i i ~• ' -".. LI~I . ~,~--ll ''ll .•.L~L~e i~'' ,I'' ~~i~i '~~ ''~i : _ ~~ : ~ _ ~ ~' ter. i~'' . ' ~:.~ [yJ •,' •,' - T ~~ 1. 5 '~ .,: ii ~i~ i~ ~i~ ~ , ~i ~y ~ ~i _ L ~_: .~" ~, •., r ; , ' -.: r_. ~~i ~L I I~ ~ ~j c~, [yJ yti _ i~'' ~ ii ~ 1, -y _: L ~~L : - r ~ ,' ,~_r - ~~ - ''~i .'} i~''~ '•' ' r-' I'i' r ~ - ~~ ii i _ -__ ICI }' - - r ~ ' 4~ i~'' - - ~ _~~t. h- : T ~ I, - }' ~I ~,rI 'LL [~ j .'•~ i i~r ' ~•.~ iJ _ I L ~ l ' ° i~' 'i ; - r° [il LL I '. iii '~~~i i~ .,. ~ : ~~ ~.~ • ~ ~~, lip t - ~ ~ ~ J ~ I ~~ i~ ~,' i~ i~ - ~ is _ i4 ~.~ ~+. ~ r~l III -~L ~i~' ~i~, Iry ~ [~ ~L I .~' ~~,' ~~,'' ~i~' ~I~' ~~i : ' i •, ~~ I ~ ~~ - -~ - == r ', _ ~~ i i~' ~~' L• ~, +, IiJ iS 5 1 T ~~ ~. ,y . { i~ .,- h- ~~ :~ ~' 41 •~ '. r-. ~,: r-~ • i I ~' ~ r-. '~J. .~~ 5 LL r.. J r;~ '.' '. ~i ~ i 5~ i~ i~ •ti i i i ~• ' -".. LI~I . ~,~--ll ''ll .•.L~L~e i~'' ,I'' ~~i~i '~~ ''~i : _ ~~ : ~ _ ~ ~' ter. i~'' . ' ~:.~ [yJ •,' •,' - T ~~ 1. 5 '~ .,: ii ~i~ i~ ~i~ ~ , ~i ~y ~ ~i _ L ~_: .~" ~, •., r ; , ' -.: r_. ~~i ~L I I~ ~ ~j c~, [yJ yti _ i~'' ~ ii ~ 1, -y _: L ~~L : - r ~ ,' ,~_r - ~~ - ''~i .'} i~''~ '•' ' r-' I'i' r ~ - ~~ ii i _ -__ ICI }' - - r ~ ' 4~ i~'' - - ~ _~~t. h- : T ~ I, - }' ~I ~,rI 'LL [~ j .'•~ i i~r ' ~•.~ iJ _ I L ~ l ' ° i~' 'i ; - r° [il LL I '. iii '~~~i i~ .,. ~ : ~~ ~.~ • ~ ~~, lip t - ~ ~ ~ J ~ I ~~ i~ ~,' i~ i~ - ~ is _ i4 ~.~ ~+. ~ r~l III -~L ~i~' ~i~, Iry ~ [~ ~L I .~' ~~,' ~~,'' ~i~' ~I~' ~~i : ' i •, ~~ I ~ ~~ - -~ - == r ', _ ~~ i i~' ~~' L• ~, +, IiJ iS 5 1 T ~~ ~. ,y . { i~ .,- h- ~~ :~ ~' 41 •~ '. r-. ~,: r-~ • i I ~' ~ L.i :~ ~~. .. '~..•TM S I~ 1 1' •~1 ' ~~ ~~ ~1 I`~' 1'' ~~4L 1 1' .~- 'Il I~ I~ II II L li I _ 4'' 4 ,~-:. II ~: '}~ T ~~ r-. ,`1 •,~ 5 LL r.. J r,~ '.~. ~i ~ i 5~ i~ y i~ •ti i i i ~• ' -".. LI~I . ~,~--ll ''ll .•.L~L~e i~'' ,I'' ~~i~i '~~ ''~i : _ ~~ : ~ _ ~ ~' ter. i~'' . ' ~:.~ [yJ •,' •,' - T ~~ 1. 5 '~ .,: ii ~i~ i~ ~i~ ~ , ~i ~y ~ ~i _ L ~_: .~" ~, •., r ; , ' -.: r_. ~~i ~L I I~ ~ ~j c~, [yJ yti _ i~'' ~ ii ~ 1, -y _: L ~~L : - r ~ ,' ,~_r - ~~ - ''~i .'} i~''~ '•' ' r-' I'i' r ~ - ~~ ii i _ -__ ICI }' - - r ~ ' 4~ i~'' - - ~ _~~t. h- : T ~ I, - }' ~I ~,rI 'LL [~ j .'•~ i i~r ' ~•.~ iJ _ I L ~ l ' ° i~' 'i ; - r° [il LL I '. iii '~~~i i~ .,. ~ : ~~ ~.~ • ~ ~~, lip t - ~ ~ ~ J ~ I ~~ i~ ~,' i~ i~ - ~ is _ i4 ~.~ ~+. ~ r~l III -~L ~i~' ~i~, Iry ~ [~ ~L I .~' ~~,' ~~,'' ~i~' ~I~' ~~i : ' i •, '~ I ~ ~~ ,- -~ - == - - ~' --_ ~~ i i~' ~~' L, i' a ~yJ i~' ;~ ~ ~r+JI ~~ _ -, T G~ ~. ~ •~ • { '~ F- 'i :~ ~' 41 •~ ' '. r-. ~,: r-~ • i ~~ '~~ ~~'~~ ~' ,~~ -~. 1 •'' ~1 '' i ~~ i~ ~~ .~' ~~ 'i iris i~,~ i~ i 4 •~- r TI ~I +~L~* II I' 1 'II I~ I Ili 1~ I i~ 4-- ~: .4_ _ ~~~~ III ~, . - P. r-. '~1 .~~ 5 LL r:. - J ~i ~ i 5~ i~ i~ - i i i h" ~••~ t I~ ~ ' r ti= 4~ ~~i - i~t- h- : T ~ I~ }' it ~' a' e • •~ -~i ~ '~~ 1~ L J :: 51 i` iir : ' r i ,~ h :: ,'' .. ii - -+r ~,,.. LJ ~ [yJ ,~ _~ +r+ - i~r ' ~~.~ iJ - I L ~ l : "i~' 'i ;: r~. ICJ ~L I k iii '~r~i . is ~4: - •,... ~,.~ i+.. .--r~l III - iL: Jai ~~i I~. ~ ~~ ~ I ,~' ~~~' ~~~' i~'' ~I~' '~r : ' i •, '~ I ~ ~~ ,- -~ - == - - ~' --_ ~~ i i~' ~~' L, i' a ~yJ i~' ;~ ~ ~r+JI ~~ _ -, T Al ~. ~ •~ { '~ F- 'i :~ ~' 41 •~ '. r-. ,,: r-~ • i is _ ti - ~• •~4.~ 1 •~1 • .' 1 1 I ^ 1 1 .'' .~ j: 1 ^ +. i r +. ii ~~ { ~~ ~ ~~ o T ~ i~ •'~ r • ~~ 5 '~ i~ ~, ~,~~~ ,` it 'll I~ II I~ III , I _ 4 _ ~''~, 4~ ~ ; ~, ~; ' ~ ~ ~~ III ~ I ~ I +' - II ICI u 4 r, II. II r-. '~J. .~~ 5 LL r:. - J ~i ~ i 5~ i~ i~ - i i i h" ~••~ t I~ ~ ' r ti' 4~ '~i - i~t- h- : T ~ I~ }: it i~ ~~' e • •~ -~i ~ '~~ 1~ L J :: 51 i` iir : ' r i •~ h :: ,'' .. ii - -+r i,,.. LJ ~ [yJ ,~ ,~ +r+ - i~r ' ~~•~ iJ - I L ~ l : "i~' 'i ;: r~. ICJ ~L I k iii '~r~i . is ~4: - .,... ~,.~ i+. • .--r~l III - iL: Jai ~~i I~. ~ ~~ ~ I ,~' ~~~' ~~~' i~'' ~I~' '~r : ' i