BYLAW - Temporary Sign By law - 20070424 - 489707PTHE CORPORA T/ON OF THE TOWN OF AURORA
By-law Number 4897-07.P
BEING A BY-LAW to regulate
Temporary Signs, within the
Town of Aurora.
WHEREAS the provisions of Sections 11 and 99 of the Municipal Act 2001, as
amended, authorizes Council to pass by-laws to regulate Signs;
AND WHEREAS it is deemed necessary to enact a by-law to prohibit and regulate
Signs within the Town of Aurora.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1.0 DEFINITIONS
DIRECTOR:
Means the Director of Corporate Services of the Town or their authorized designate.
HEIGHT:
Means the vertical distance measured from the average grade immediately below the
Sign to the highest point of the Sign or Sign structure, whichever is greatest.
LOT:
Means a parcel of land, whether or not occupied by a building or a structure,
with frontage on a Street.
PERSON:
Means an individual, association, firm, partnership, corporation, trust, incorporated
company, corporation created under "The Condominium Act", organization, trustee or
agent, and the heirs, executors or other legal representatives of a Person to whom the
context can apply according to law.
PREMISES:
Means the area of a building(s) or part thereof and/or land(s) or part thereof occupied
by a user or proposed to be occupied by a user. In a multiple occupancy building, each
single occupancy shall be considered a separate premise.
SIGN:
Means any device, fixture or structure or any part thereof, or any device attached
thereto, or painted or represented thereon that uses form, graphic, illumination, symbol
or writing to advertise, identify, announce the purpose of or identify the purpose of a
Person or entity or to communicate information of any kind to the public.
SIGN AREA:
Means the area of the display surface including the boarder or the frame.
SIGN, BANNER:
Means a Sign constructed of a non-rigid material attached to a building or structure, but
shall not include a flag.
SIGN, ELECTION:
Means a Sign intended to advertise or promote a candidate in a municipal, provincial or
federal political election.
SIGN, INFLATABLE:
Means a Sign whose structural integrity is maintained through air pressure.
SIGN, MOBILE
Means any Sign mounted on a trailer or other supporting device which is designed to
be transported from one site to another but shall not include a licensed vehicle.
SIGN, POLE
Means a Sign mounted on a pole, lamp standard, or hydro pole located on private or
public property.
SIGN, REAL ESTATE:
Means a Sign advertising the sale, rental or lease of a Lot, building or business, but
shall not include development signs.
SIGN, SANDWICH BOARD:
Means a Sign constructed in the shape of an A or triangle and intended to be relocated
daily by one Person.
SIGN, SPECIAL EVENT:
Means a Sign other than a Mobile Sign intended to advertise or promote non-profit,
charitable or community events and includes public service groups.
SIGN, TEMPORARY:
Means any sign that is not attached or affixed to any land, building or premises with
some degree of permanence.
SIGN, UNSAFE:
Means a Sign or Sign structure which is structurally unsafe, or which constitutes a fire,
traffic, or pedestrian hazard, or which impedes a means of egress from any building,
Premises or property, or otherwise constitutes a risk to the safety of Persons or
property in, or adjacent to, a Premises.
SPECIAL EVENT:
Means a public event organized or sponsored by a community service group,
non-profit or other organization or the Town of Aurora for a charitable, social, cultural,
fundraising or recreational purpose.
STREET:
Means a public highway as defined by the Municipal Act and the Highway Traffic Act
but shall exclude a lane or any private right-of-way or unopened road allowance, or any
street which is shown on a Registered Plan of Subdivision which has been deemed not
to be a registered plan of subdivision under Section 29 of the Planning Act, or which
has not been assumed by the Town.
TOWN:
Means The Corporation of the Town of Aurora.
UNDEFINED TERM:
For definition of terms requiring clarification such as apartment, non-conforming, etc.,
the definitions outlined in the Town of Aurora Zoning By-law 2213-78, as amended,
shall be utilized where applicable.
2.0 GENERAL PROVISIONS
2.1 LIABILITY:
The provisions of this By-law shall not be construed as relieving or limited the
responsibility or liability of any Person who erects or displays, or causes or permits or
allows to be erected or displayed, any Sign, for Personal injury including injury resulting
in death, or property damage resulting from such Sign of from the acts or omissions of
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such Person, or his agents, servants, employees, contractors or sub-contractors, in the
construction, erection, maintenance, display, alteration, repair or removal of any Sign
erected in accordance with a permit which is issued hereunder. Likewise, the provisions
of this By-law shall not be construed as imposing on the Town, its officers, employees,
servants and agents, any responsibility or liability whatsoever by reason of the approval
of or issuance of a permit for any Sign of removal of any Sign.
2.2 INDEMNIFICATION:
The applicant for a permit for a Sign, and the owner and occupant of the lands and
Premises on which any Sign is erected, shall be jointly and severally responsible to
indemnify the Town, its officers, employees, servants and agents, from all loss,
damages, costs, expenses, claims, demands, actions, suits or other proceedings of
every nature and kind arising from and in consequence of the construction, erection,
maintenance, display, alteration, repair or removal of such Sign.
2.3 PERMITTED TEMPORARY SIGNS:
The following types of Temporary Signs are permitted in the Town of Aurora;
(a) Mobile Signs
(b) Real Estate Signs
(c) Election Signs
(d) Special Event Signs
(e) Sandwich Board Signs
(f) Banner Signs
All other types of Temporary Signs are not permitted.
3.0 MOBILE SIGNS:
No Person shall;
(a) locate or permit the location of a Mobile Sign on any Lot except in accordance
with the provisions of this By-law;
(b) locate or permit the location of a Mobile Sign on any Lot without first obtaining a
permit pursuant to this By-law and paying such fee as is set forth in Schedule
"A" to this By-law;
(c) locate or permit the location of a Mobile Sign on any Lot except on a Lot zoned
commercial, industrial or institutional or on an approved municipal right-of-away;
(d) locate or permit the location of a Portable Sign on any Lot which is not owned or
leased by that Person without first obtaining a current and valid licence to carry
on the business of leasing mobile Signs, pursuant to By-law 4258-04.P, as
amended or successor legislation thereto. Where the owner of a Lot can show
that they are the owner of a Portable Sign, the requirement to be licensed is not
required;
(e) locate or permit the location of more than one Mobile Sign on any Lot at any one
in time;
(f) locate or permit the location of any Mobile Signs on any single Lot for more than
eight weeks in a single calendar;
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(g) locate or permit a Mobile Sign to be illuminated or employ any flashing or
sequential light, or a mechanical or electronic device to provide or simulate
motion;
(h) locate or permit a Mobile Sign to be erected on a property so as not to interfere
with pedestrian and/or vehicular traffic;
(i) locate or permit a Mobile Sign having a maximum Height measured from grade
greater than 2.7 metres;
U) locate or permit a Mobile Sign to be located closer than 1.0 metres to a property
line or within a day-light triangle referred to in Zoning By-law 2213-78, as
amended;
(k) locate or permit the location of a Mobile Sign on any Lot without first having
provided security in a form satisfactory to the Director and in the amount as set
forth in Schedule "A" to this By-law. Such security shall be for the purpose of
ensuring the applicant's compliance with the terms of this By-law and the
application for permit;
(I) locate or permit the location of any Mobile Sign except entirely on the Lot
specified in a permit issued pursuant to this by-law;
3.1 FEE EXEMPT MOBILE SIGNS
Mobile Signs for the purpose of promoting non-profit, charitable and community events
shall be permitted and exempt from the prescribed fees provided:
(a)
(b)
(c)
(d)
(e)
(f)
there is no commercial advertising included in the message;
the Signs are located for a period not to exceed 14 days prior to the event;
a plan outlining the proposed location and nature of the message is provided
and reviewed by the Director;
the maximum number of Signs be approved by the Director;
where required approval from other affected agencies is obtained;
the property owner gives permission for the placement of the sign(s).
4.0 REAL ESTATE SIGNS:
No Person shall;
(a) locate or permit the location of a Real Estate Sign exceeding 1.0 m2 in Sign
area in a residential zone;
(b) locate or permit the location of a Real Estate Sign exceeding 2.0 m2 in other
zones which advertises the sale, rental, or lease of the Lot, or Premises, on
which said Signs are located. A Real Estate Sign not exceeding 3.0 m2 shall be
permitted on a Lot having over 30.4 m frontage, which advertises the sale,
rental, or lease of the Lot, or Premises, on which said Signs are located;
(c) locate or permit the location of more than one Real Estate Sign per Lot;
(d) locate or permit the location of a Real Estate Sign on a Lot for more than thirty
(30) days after the Premises or Lot advertised has been sold, rented or leased;
(e) locate or permit the location of a Real Estate Sign on a Lot other than the Lot for
sale, lease or rent
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5.0 ELECTION SIGNS:
1. No Person shall;
(a) locate or permit the location of an Election Sign larger than 2 m2 in Sign
Area;
(b) locate or permit the location of an Election Sign in contravention of The
Elections Act or Municipal Elections Act or any other relevant legislation.
2. Every Person shall:
(a) remove all Election Signs within four days (4) after the election for which such
Signs have been erected.
6.0 SPECIAL EVENT SIGNS:
1.
(a)
(b)
2.
(a)
(b)
(c)
(d)
(e)
(f)
No Person shall:
permit commercial advertising to be included in the message;
permit signs to be erected for a period of more than 14 days prior to the event;
Every Person shall:
provide a plan outlining the proposed locations and nature of the message for
review by the Director;
the maximum number of signs be approved by the Director;
where required obtain approval from other affected agencies is obtained;
obtain permission from the private property owner(s) for the placement of the
sign(s).
notify the Director in writing of the purpose, content and locations of Signs seven
days prior to their placement;
remove all Special Event Signs within forty-eight (48) hours after the event for
which such Signs have been erected.
7.0 SANDWICH BOARD SIGNS:
1. No Person shall:
(a) locate or permit the location of more than one Sandwich Board Sign per
Premises;
(b) locate or permit the location of a Sandwich Board Sign larger than 1 m2 in Sign
area per side;
(c) locate or permit the location of a Sandwich Board Sign on Town Property or a
property other than where the business is being conducted;
(d) fail to remove a Sandwich Board Sign at the close of business each night;
(e) locate or permit a Mobile Sign to be located closer than 1.0 metres to a property
line or within a day-light triangle referred to in Zoning By-law 2213-78, as
amended.
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(f) locate or erect a sandwich board sign on a property when a mobile sign
permit is issued to the same business on the same premises.
8.0 BANNER SIGNS:
1. No Person shall:
(a) locate or permit the location of more than one Banner Sign per Premises;
(b) locate or permit the location of a Banner Sign larger than 36 ft2 in Sign Area;
(c) locate or permit the location of a Banner Sign on Town Property or a property
other than where the business is being conducted;
(d) erect a Banner Sign for in excess of eight weeks per calendar year;
(e) locate or permit a Banner Sign to be located anywhere other than on the front
fac;:ade or wall of a Premises;
(f) locate or permit a Banner Sign to be located lower than eight feet from the grade
of the Premises.
(g) notwithstanding subsection (e) a Banner Sign advertising a Special Event
may be located or erected on a Premises other then on the facade
9.0 EXEMPTED SIGNS:
Temporary Signs erected by any level of government or government agency for any
function or event authorized by the Town of Aurora shall be exempt from the
requirements of the by-law.
10.0 REVOCATION OF PERMIT:
1. The Director may issue a Notice of Violation to any person:
(a) Having erected or altered or caused to be erected or altered a sign without first
having obtained a sign permit from the Town; or
(b) Having obtained a permit, has caused to be erected or altered a sign not in
accordance with the approved plans in respect of which a permit was issued;
or
(c) Having erected or altered or caused to be erected or altered a sign in
contravention with this By-law or any part thereof.
11.0 UNSAFE SIGNS:
(a) Where in the opinion of the Director a Sign is unsafe, the Director may by Notice
of Violation issued require the owner of the Lot on which the Sign is located to
remove or repair the Sign within the time specified in the Notice;
(b) Upon receipt of a Notice of Violation served in accordance the owner shall take
the necessary steps to comply with the Notice, failing which the Town may
cause the Sign to be removed at expense of the owner, and the Town may
recover the costs incurred by action or in like manner as municipal taxes.
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12.0 REMOVAL OF UNLAWFUL SIGNS:
(a) Whenever a contravention of this By-law is apparent, an order to comply with the
By-law may be issued to the Person who is responsible for the work; said order
shall outline the nature of the contravention. In the event that the responsible
Person cannot be found to receive the order, the order may be either posted on
the property or mailed to the responsible Person to the last known address for
that Person and shall be deemed to be the equivalent of personal service;
(b) In the event that an order to comply is not complied with, the Director may direct
Town staff or an independent contractor to enter onto the land and remove such
Sign;
(c) Where a Sign is erected or displayed in contravention of this By-law, such Sign
may be removed and the owner would be required to pay retrieval fee as
outlined in Schedule "A" of this by-law.
13.0 ADMINISTRATIVE APPROVALS
The Director is authorized to approve the content, size and location of Special Event
Signs.
14.0 VALIDITY:
In the event any part or provision of this By-law is held to be illegal or void, this shall not
have the effect of making illegal or void any of the other parts or provisions thereof,
which may or shall be determined to be legal.
15.0 SHORT TITLE:
This By-law shall be known and cited as the "Temporary Sign By-law".
16.0 REPEAL OF BY-LAW
By-law 4622-04.P is hereby repealed.
17.0 PENALTY:
Any Person who contravenes any provisions of this By-law is guilty of an offence and
upon conviction liable to a fine pursuant to the Provincial Offences Act.
READ A FIRST AND SECOND TIME THIS 24TH DAY OF APRIL, 2007.
READ A THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF APRIL, 2007.
PHYLLIS M. MORRIS, MAYOR B. TOWN CLERK
SCHEDULE "A"
PERMIT FEES:
The fees to be paid to the Town of Aurora for Temporary Sign permits shall be as
follows:
1. Mobile Signs Permits $30.00 per two week
2. Securities for Mobile Sign $500.00
3. Sign retrieval fee $20.00 per sign