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AGENDA - General Committee - 20050906s ERAL CO N0.05-18 ITTEE TUESDAY, SEPTEMBER 6, 2005 7:00 P.M. COUNCIL TOWN NALL n PUBLIC RELEASE 02/09/05 TOWN OF AURORA GENERAL COMMITTEE MEETING AGENDA NO. 05-18 Tuesday, September 6, 2005 7:00 p.m. Councillor Buck in the Chair. I DECLARATIONS OF PECUNIARY INTEREST H APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION V DELEGATIONS (a) Fire Chief John Molyneaux (pg. D-1) Re: Fire Services Annual Report to Council (b) Representative from Zelinka Priamo Ltd. on behalf of (pg. D-13) David Merkur Holdings & Loblaw Properties Ltd. Re: Site Plan Amendment Application for 14800 Yonge Street (c) Ms Carol Viscusi, Resident (pg. D-15) Re: Concern Regarding the Median at McMaster Avenue and Hollidge Boulevard (d) Mr. Al Wilson, Resident (pg. D-17) Re: Progress of the New Recreation Centre on Leslie St. General Committee Meeting No. 05-18 Page 2 of 6 Tuesday, September 6, 2005 VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION V11 OTHER BUSINESS, COUNCILLORS Vlll IN -CAMERA Property Matter RECOMMENDED: THAT this Committee proceed In -Camera to address a property matter. IX ADJOURNMENT General Committee Meeting No. 05-18 Page 3 of 6 Tuesday, September 6, 2005 AGENDA ITEMS 1. Correspondence from Fire Chief John Monyneaux (pg. 1) Re: Declaration of Fire Prevention Week by Aurora Council RECOMMENDED: THAT the week of October 9, 2005 through October 15, 2005 be declared "Fire Prevention Week" with the theme being "Use Candles With Care". 2. CS05-022 — Sign By-law (pg. 3) (Deferred from August 16, 2005 Council Meeting) RECOMMENDED: THAT Council provide direction with respect to portable signs. 3. PL05-074 — Designation under Part IV of the Ontario Heritage Act (pg. 46) The Wilton Barn 13831 Leslie Street Tibor and Marjit Schuller RECOMMENDED: THAT The Wilton Barn at 13831 Leslie Street be approved for designation under Part IV of the Ontario Heritage Act, as recommended by the Heritage Advisory Committee of Aurora; and THAT the Corporate Services Department be authorized to: • Publish and serve Council's Notice of Intention to Designate as per the requirements of the Act; and • Prepare the Designation By-law for the Property. 4. PL05-078 — Planning Applications Status List (pg. 72) RECOMMENDED: THAT the Planning Applications Status List be received as information. General Committee Meeting No. 05-18 Page 4 of 6 Tuesday, September 6, 2005 5. PW05-024— Structural Watermain Re -lining on Centre Street; and (pg. 106) Application for Funding — Canada -Ontario Municipal Rural Infrastructure Fund Program (COMRIF) RECOMMENDED: THAT Fer-Pal Construction Ltd. be awarded the contract to structural re- line the Centre Street watermain from Yonge Street to Spruce Street as described in Report No. PW05-024; and THAT with respect to the Canada -Ontario Municipal Rural Infrastructure Fund Program: • Staff be requested to prepare and submit an application for funding for the structural re -lining of various cast iron watermains as described in Report No. PW05-024; The structural re -lining of cast iron watermains be declared as the Town's highest priority project; • The application for COMRIF funding for the reconstruction of VandorF Sideroad from Industrial Parkway South to Bayview Avenue be withdrawn; • Funds totalling $350,000 for structural watermain re -lining be allocated from the Water and Sewer Reserve Fund upon the successful receipt of COMRIF funding; and • The consulting firm of Totten Sims Hubicki Associates be engaged to assist the Town in the preparation and submission of the COMRIF application for funding; and THAT staff report back on the success of the COMRIF funding application and the structural re -lining of the watermain on Centre Street from Yonge Street to Spruce Street with a view to presenting a long term watermain rehabilitation program. General Committee Meeting No. 05-18 Tuesday, September 6, 2005 Page 5 of 6 7 9 LS05-052 — Award of Janitorial Services in Town Facilities RECOMMENDED: (pg. 121) THAT Council award RFP 2005-64 for the janitorial services for a 5 year term to Royal Building Cleaning Limited in the following Town facilities: 1. Aurora Town Hall 2. Aurora Family Leisure Complex 3. Parks and Public Works Buildings 4. Aurora Public Library 5. New Seniors' Centre 6. New Recreation Complex 7. Aurora Community Centre CS05-025 — Council Pending List - Status Report (pg. 125) RECOMMENDED: THAT CS05-025 be received for information purposes. CS05-026 — Exemption to Noise By-law (pg. 148) RECOMMENDED: THAT Council endorse the request from Mr. Liddell for an exemption from the Town's Noise By-law for the purpose of a birthday party on Saturday September 17, 2005. 9. Memo from the Deputy Treasurer (pg. 150) Re: Financial Services Report TR05-024 - "2005 Financial Review as at June 30, 200", Additional Information RECOMMENDED: THAT the memo be received for information. General Committee Meeting No. 05-18 Tuesday, September 6, 2005 Page 6 of 6 10. Memo from the CAO (pg. 152) Re: Special Council Meeting - Ontario Power Authority Comments RECOMMENDED: THAT Council approve the scheduling of a Special Council meeting on September 20th, following General Committee, to address the Ontario Power Authority comments. 11. Memo from the CAO (pg. 153) Re: PowerStream and Aurora Hydro - Ontario Energy Board Decision RECOMMENDED: THAT the memo and attachments be received for information. GENERAL COMMITTEE - SEPT-EMBER 6, 2005 Delegation (a) Panizza, Bob From: Molyneaux, John Umolyneaux@newmarket.ca] Sent: Thursday, August 04, 2005 12:49 PM To: Panizza. Bob Subject: RE: Fire Services annual report deputation to Council That's fine Bob Thanks John John Molyneaux Fire Chief Central York Fire Services 984 Gorham Street Newmarket, Ontario L3Y 1L8 905 895 9222 jmo lyneaux@newm arket. ca "The information contained in this message is directed in confidence solely to the person(s) named above and may not be otherwise distributed, copied or disclosed. The message may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection and Privacy act. If you have received this message In error, please notify the sender Immediately advising of the error and delete the message without making a copy. Thank you." From: bpanizza@town.aurora.on.ca [mailto:bpanizza@town.aurora.on.ca] Sent: Thursday, August 04, 2005 11:21 AM To: Molyneaux, John Subject: RE: Fire Services annual report deputation to Council Hi John: I can put you on for the General Committee meeting of Sept. 6. We only have one meeting in Aug on the 16th but that will be fairly heavy. -----Original Message ----- From: Molyneaux, John [mailto:jmolyneaux@newmarket.ca] Sent: Thursday, August 04, 2005 10:08 AM To: Panizza, Bob Cc: Fairbarn, Christine Subject: Fire Services annual report deputation to Council - :.. Is it possible to get put on the Council agenda near the end of August to make the annual PowerPoint presentation to Council? I would need 10 - 15 minutes. Thanks John 8/4/2005 D —1— GENERAL COMMITTEE — SEPTEMBER 6, 2005 is 3 Proudly Protecting the Communities of Aurora and Newmarket Central York Fire Services 2004 Annual Report to Aurora and Newmarket Councils Presented Summer 2005 D —2— GENERAL COMMITTEE - SEPTEMBER 6, 2005 cenTrs�� T Staffing 1 1liment • Fire Chief -1 • Deputy Fire Chief -1 • Chief Fire Prevention Officer -1 • Fire Prevention Officer - 1 • Fire Prevention Inspectors - 3 • Training Officers - 2 • Platoon Chiefs, Suppression - 4 • Captains - 20 • Fire Fighters -80 • Human Resources Consultant -1 • Administrative staff — 4 P/T Total =118 Suppression Division • Handled 4,048 calls for assistance as shown on the following slides • No fire fatalities in 2004 • Attend public fire education opportunities • Vehicle and station maintenance • Assisted Fire Prevention with School Fire Drill Program D -3- GENERAL COMMITTEE — SEPTEMBER 6, 2005 RESPONSES BY TYPE VFW 2002 vs 2003 vs 2004 4500 �ry pia 4000 A49 A 3500 3000 � ❑ 2002 2500 ®- ® 2003 2000 o- M 2004 1500 00 1500 LT Pot 0 Fires False Alarms Public Hazards Medical Rescues Others Total %OFTOTALYBAR FIRE FALSE PUBLIC MEDICAL RESCUES OTEER ALARMS HAZARDS 2002 9.39% 22.69% 10.95% 36.02% 9.05% 11.9% 2003 ]72% 23.81% 11.93% 13].3]% 7.9% 11.37% 20" 6.92% 24.16% 12.62% 139.38% 1 ],]8% 9.14% RESPONSES BY MUNICIPALITY 2002 vs 2003 vs 2004 4500 4000 3500 "z 3000 ry�b ryp*A 2500 �- ❑ 2002 §.6 v ® 2003 2000 932004 1500 1000 41 500 0 AURORA NEWMARKET OTHER TOTAL OF TOTAL YEAR AURORA NBWMARKET OTHER (MUTUAL AID) 2002 34.84% 63.31% 184% 2003 35.I0% 63.22% 1.68% 2004 36.I7% 62.42% 1.41% D —4— GENERAL COMMITTEE — SEPTEMBER 6, 2005 ofTOTAL DOLLAR LOSS BY MUNICIPALITY (incl. Major Loss calls of $20,000 or more) 2002 vs 2003 vs 2004 aZ004 Newmarket Aurora Toral Year %ofTotal Major Loss 3M2 .1 2009 Newmarket 54,54% 52.561 l9% Aamro 43.46% 47A4% 22% �i CEKYRAL RORB I ' January D -5- GENERAL COMMITTEE — SEPTEMBER 6, 2005 RESPONSE TIME AVERAGES NEWMARKET & AURORA Emergency Calls Only ❑ 2002 r1 2003 ® 2004 rvewmarae[ nuro[a d of caps Newmarket Aurora 2002 1931 1017 2003 2083 1088 2004 2076 1222 EMERGENCY VS NON -EMERGENCY 2002 vs 2003 vs 2004 4500 Ae,,� afro 4000 ryry �b Ah^",d 3500 �pb^' ' "y 3000 a ❑ 2002 2500 r, ®2003 2000 ®2004 1500OF 1000 x. ,,,, boP ��' 500 .:i ,y',, EMERGENCY NON- TOTAL EMERGENCY Yo oFTotal Year Emergency Nan - Emergency 2002 85.11% 14.89°/. 2003 83,47°/ 16.53% 2004 82.66% 17.34% GENERAL COMMITTEE - SEPTEMBER 6, 2005 40 Attending a local street party Prevention Division • Responsible for Fire Prevention and Public Fire Safety Education as mandated by the Province - Certification received • Investigate fires for cause • Fire Prevention Week Open house at two stations attended by approximately 1000 • Participated in York Region Junior Fire Fighter Day • Provided specific public education talks to 4295 people in various sized groups • Assisted with planning and staff training for the Community Safety Village D -7- GENERAL COMMITTEE — SEPTEMBER 6, 2005 Prevention Division • Operated the Smoke Alarm Program with the financial assistance of local sponsors and Human Resources Canada — Attended 557 homes — Installed 289 smoke alarms — Replaced 132 smoke alarm batteries • Reviewed building plans for compliance with Fire Code and relevant Building Code Sections Prevention Division WW • Conducted the following inspections — Residential 197 — Institutional 80 — Industrial 28 — Office/Professional 31 — Mercantile 41 — Assembly 299 - TAPP-C 7 — Total 683 • Reviewed and approved 165 fire safety plans EM GENERAL COMMITTEE — SEPTEMBER 6, 2005 Prevention Division PUBLIC EDUCATION • STATION TOURS: - Number of children 1658 • SCHOOL PUBLIC EDUCATION PROGRAM - Number of children 4295 • FIRE EXTINGUISHER TRAINING PROGRAM - Number of people Training Division 371 • Trained all staff to the operations level of "Hazardous Materials Response" • Planned for and scheduled "Live Fire Training" to commence in 2005 • Conducted "Auto Extrication" Training for staff utilizing new heavy hydraulic equipment • Attended training on "Trench Rescue" awareness in preparation to teach all staff • Operated the Maintenance Training and Promotional Program • Attended Fire Department Instructors Conference in Indianapolis B GENERAL COMMITTEE - SEPTEMBER 6, 2005 CE "CRaL µ'02kK Hazardous Materials Training Administration Division • Continued to work with York Regional Police and York EMS staff on the creation of a Centralized Emergency Communication Centre • Conducted a critical infrastructure hazard analysis jointly with all municipalities and the Region of York as required by the Emergency Management Act • Worked with the Joint Council Committee to provide the fire service envisioned by both Councils • Attended committee meetings dealing with operations, communications, budget, contracts, health and safety, inter -service co-ordination, and emergency planning D -10- GENERAL COMMITTEE — SEPTEMBER 6, 2005 e-r= AXIMMUpcoming M 1 jec • Continue to support the operation of the Community Safety Village • Prepare for and assist in the construction of station 4-4 in Aurora opening in December 2005 • Arrive at a new collective agreement through the current process • Work through the planning and delivery phases for 3 new fire vehicles • Update Municipal Emergency Management Plans for both Municipalities in co-operation with the Region and area municipalities to reach the enhanced phase of emergency management EMERGENCY MANAGEMENT ACT - Bill 148 •Both Aurora and Newmarket have completed the first phase of a three year plan by meeting the essential level requirements •Mandates Municipal Emergency Planning, EOC facilities, Public Education, Training and Emergency Exercises •Based on 4 components, Mitigation, Preparedness, Response and Recovery •Three phased, three year approach to emergency planning, essential, enhanced and comprehensive phases ®-11— GENERAL COMMITTEE — SEPTEMBER 6, 2005 a r Proudly Protecting the Communities of Aurora and Newmarket D —12— GENERAL COMMITTEE - SEPTEMBER 6, 2005 Delegation (b) ZELINKA PRIAMO LTD A ProFc s PLy pra-e"e August 29, 2005 Bob Panizza Town Clerk Town of Aurora 100 John West Way Aurora, Ontario L4G 6J1 Dear Mr. Pauizza: Re: Site Plan Amendment Application David Merkur Holdings Inc./Loblaw Properties Limited 14800 Yonge Street Town File: DII-12-05 Our File: LPL/ALW96-01 We kindly request, on behalf of David Merkur Holdings Inc. and Loblaw Properties Limited, to be included as a Delegation for the, General Committee meeting of September 6, 2005 to discuss the above -noted matter. As you may be aware, our client is proposing to construct an addition to the existing No Frills food store on the subject lands and is currently in the process of securing the necessary approvals for the proposed expansion. The purpose of our request for Delegation Status is to seek relief from the Town's cash - in -lieu of parking requirement for any deficiency of parking on the subject lands as a result of the proposed redevelopment, It should be noted that our client is able to meet the minimum parking requirement on the subject lands by making certain changes to the existing site conditions in order to accommodate additional parking. More specifically, we are proposing to eliminate an existing north -south access aisle that exists between the No Frills and the Staples uses and replace the aisle with parking spaces. Vehicles would be required to use the existing aisles in front of the No Trills/ shopping plaza and the Staples use to travel within the site. This type of traffic circulation works well in several newer commercial developments throughout the Greater Toronto Area. However, in order to address a request from Council to .leave the north -south aisle open, a parking deficiency on the subject lands will result. In addition to requesting relief from the Zoning By-law to permit such a deficiency, it is our understanding that a cash contribution is also required for each parking space that is deficient. 318 Wellington Road Lom Ontario NSr 4P4 TO: 519-47 137 Fax; 5IS-474-2284 Emnil: zp@�.O, D aott3aGVnbMte: zpplan.com GENERAL COMMITTEE — SEPTEMBER 6, 2005 Bob Partizza August 29, 2005 Town Clerk Town ofdurora As it can be demonstrated that the minimum parking requirement can be achieved on the subject lands and that the deficiency in parking is required in order to satisfy a request from Council, we kindly request Council to consider waiving the cash -in -lieu of parking requirement for the subject lands. We look forward to discussing this matter further with Council on September 6t", If you have any questions, or require further information, please do not hesitate to call the undersigned. Yours very truly, ZELINKA P, AMO LTD. Harry Froussios, BA Senior Planner cc: Sue Siebert, Director of Planning Steve Thompson, Loblaw Properties Limited Zelinka Priamo Ltd_ Page 2 D —14— GENERAL COMMITTEE - SEPTEMBO 005,2s• Delegation (c) AUG 2 9 2005 f COrperat woes [k $. _._ G NERAL ;COMMITTEE - SEPTEMBER 6, 2005 GENERAL COMMITTEE - SEPTEMBER 6, 2005 Panizza, Bob From: Al Wilson Sent: Wednesday, August 31, 2005 10:01 AM Delegation (d) To: Panizza, Bob Cc: Bill Hogg; Morris, Phyllis (External Mail); Jones, Tim; Gaertner, Wendy (External Mail); Kean, Nigel (External Mail); Vrancic, Damir (External Mail) Subject: delegation status - general committee mtg. Sept. 6th :.. As a result of my deputation at council August 16th, I understand that some members saw my presentation as "campaigning". It is extremely unfortunate that this so called perception would be felt by any elected members towards Aurora citizens and members of the public who come to speak at either open forum or with delegation status and express their opinion/questions. To confuse "Caring with Campaigning" is a completely misguided criticism and would be quite frankly insulting to all taxpayers! (if that truly is the feeling) I have always tried to be an informed citizen and contribute to my community by volunteering in any way that might be helpful. I will continue to do so, I will continue to try to be informed and I will continue to therefore ask questions. Understanding the purpose of general committee, I would agree that some issues might be more effectively and appropriately discussed in that forum. It is in that vain that I am requesting delegation status at the next general committee meeting to discuss the progress of the new recreation centre on Leslie St. I would also appreciate some clarification regarding the delegation process . I have always received documentation recording my comments at council when appearing as a delegate, however, is it also part of the process that when a delegate asks for information using that forum, that a documented reponse is provided directly to the citizen once the delegation has been received by council as a whole? Please confirm. Regards, AI. A.C. Wilson 8/31/2005 D -1 GENERAL COMMITTEE - SEPTEMBER 6, 20 5 Central York Fire Service AGENDA ITEM ## �- Office of the Fire Chief 984 Gorham Street, Newmarket, Ontario UY 1 L8 Emergency 9-1-1 Administration 905 895 9222 Fax 905 895 1900 August 30, 2005 Mr. Bob Panizza, Director of Corporate Services Town Of Aurora Re: Declaration of Fire Prevention Week by Aurora Council Dear Mr. Panizza I would like to take this opportunity to request that Aurora Council give consideration to declaring the week of October 9, 2005 through October 15, 2005 "Fire Prevention Week in Aurora". I have included a copy of the proclamation made by Queen Elizabeth the Second proclaiming the week as Fire Prevention Week in Canada, with the theme this year being; "USE CANDLES WITH CARE". Central York Fire Services will be operating our annual open houses at the following locations and on the following dates; • Station 4-1, 984 Gorham Street, Newmarket, October 1, 2005, from 10 am to 3 pm, • Station 4-3, 220 Edwards Street, Aurora, October 22, 2005, from 10 am to 3 pm. Fire Prevention Week provides an opportunity for families to visit with Fire. Service staff and gain valuable information relative to the prevention of fires, and, on what to do to reduce the occurrence of death, injury and property damage in the event of a fire. I thank Council for any consideration they may give to this matter and if I can be of further assistance please call my office at any time. John Fire l PROUDLY PROTECTING THE COMMUNITIES OF AURORA AND NEWMARKET —1— GENERAL COMMITTEE - SEPTEMBER 6, 2005 +Eligabeth tlje ftEanb, bU the Brace Of Sab of the 'ianiteb xingbom, C2anubu nob Her Littler ifgeulms aub 01Errunries QUEEN, EN, lieub of the Cbommollwealttj, +Befeaber of the NAIM. TO ALL TO WHOM these Preserve shall come or whom the acme may In say., GREETING. A PROCLAMATION. WHEREAS no, dedlmted cnksn, have Joined with valumem, prafeeeload anal InMim xlellmate ne I fedaemml,mmmme of property end a. aircurfiner. In dem,yu to the antmrlma�vironmeiR leas effort to 47Wfubeth Beta. par In (rake be i0ieu, R E31NE bu xoputue-lot, bu Cnunabu et be ses autrto rouaumea et territaires, Thief bar arounnonwealth, Elifenseur be In ffUI. A TOYS am A WI lea priemrtes parviennst on qu'lealles peuvart de quelgue, mooWn mncern r, SALUT: PROCLAMATION VU"de mmbremm dtayena dAyesel and epmmi 1. aurae des cop—a-pamplore bdist,ame t dea eervlcm d'immlle Profatdann.le at IMmirWa pmlitE de .patenohas dam la pr£verdim do Imendlea. eflhde r6d.,a on minimum is. perks de A., ladevlrvotlon de blear et le domm.ge d I'anvironnemerv; AND WHEREAS fire lost.. In Caned. remain unacceptably high In aempari.an stiff, W quo let pulse attAbmblee an. Inaendiee on Cmnde de..& beam., trap that. In other Industrialized nations thereby receveltall Improved fire prevantlon Mottos par rapport a calls, amngixmiea cane d'aumm pays Indaelrloll.£e at qua, pan maomr.to _ can2gmad, de mdllumea m,eureedd privemion e'Impoaerv: AND WHEREAS It le dedrabla that InFormotion on fire .,as and mmmmmded prmmim meawres be diesemimtld during a apedfic period of the yam; AND WHEREAS the Z005 fire prevantlan theme fan this period is: vUSE CANDLES WITH CARE'; NOW KNOW YOU THAT WE, by and wnh the advlm of Our Privy Cmimll far Canada, have thmght fit to dminate and do dmi,mwcomm e Yoe week commends, SUNDAY, THE NINTH OF OCTOBER, AND ENDING ON SATURDAY, THE M71do" OF OCTOBER, inthe presentyew m "FIREPREVENTIONWEEIT and farther, In op ranted.. of the many mnticm rendered byy the members of the Fire 5m0a. of Cantos, chat SATURDAY the FIFTEENTH OF OCTOBER be deai,nokd as FIRE SERVICE RECOGNITION DAY. AND WE do recamm.ad to all Ow Loving 5mbJe0a that during Fire Preverdten Week, federal, Provincial and wricipal adharnies hderelty their fire preverdlon activities. OF ALL WHICH Our Loving SmbJens and all so. whom these Pr ... 0. may cancer. ore hereby reylred to rose notke and to govern themselves eccordin,ly. IN TESTIMONY WHEREOF, We ham cmeed these Oar Letters to be made Patent .ad the treat Seal of Cwada to be heremdo offleed. WITNESS: Our Right Trvey and Well-bdevM Adrienne Clarkson, Chancellor cad Principal Campanian of Out Order of Canada, Chandler oad Commander a Our Order, of Military Merit, chancellor and Commander of Out Order of Mmn of the Police Forces, Governor 6.mml and Comme dervinShlef of Canada. AT OUR GOVERNMENT MUSE, Id Cnr CI1y of Onowo, this tvaa ny- 1,ht'n day of cum In the yew of Our Lord two thauaaod oad five aM in the fifty-fourth Your of Om Rel,n. W V.poparluoni de diffuem, pendmd none p£NM. determin£a de I'aneE., dea rmmi,rmme tst my lescaua. net incmdiet et lea mecums privmdives... ammand€va; VU out Is theme portent wr la pr£veaf n dm Incc files en 2005 eat ,UTI-ISFZ LES BOURESAVEC PRUDENCE., SACHEZ DONC MAINTENANT RUE, car at mesa I'wle de Notre Connell prlvi pour le Canada, Name mans an bon as dAelmer at Name dAeignons Atdra de e5EMAINE DE PREVENTION DES INCENDIES. Ie mmaine mome,ant Is DIMANLHE NEUF OCTOME, or erylrad le SAMEDI CMNZE OGTOSRE, da la pp ' rd. annAe; de plu.. Nwe d£witanaque I. SAMEDI CIVLNZE OCTOSRE eon de'sig,d wOmbrsmx N MAGE AU sEEIISOee - DE stcullCra -Ia ENDIE keonm dalas d In a.lmthIanA ET MUS reecmmmdooe A tone No. fiats suJ&. qm, dement loan. mmaine, lea entices fAd£rom, Womircimv ry mmkipma Intanalflem lours activitts d. prAventian .We 'InceMle. be CE qUI PR&&E. No. fiona mjets et tare aeux quo lee pr£aenh ,p nt m aeorm, too par lea pr£ea me regale de preMm emvaiamncs at d'o,ir so mare ,.a-. EN FM DE gLIOI, Name wane fait dill., No, pm€,warms I."a pderve. et y stone fen apPa. I, grind stem an Canada TEMOIN: NWrs tree fIc Ala at blerrdmA. Adrienne Clarkson, MmcellAre at Compagnon principal de Naha Ordee du Cmoda, Ummoolike, st Commandant do Notre Ordre du M£rita .Vital, ChmcellA at Co..".,, de Notre Ord,. da m i,h. dime, comps yolkims, Go rterm ure GAmirale at Ca ... Made an chef du Ca..cm A NOIRE HOTEL DU GOUVERNEMENT, an Net. all. d'Onmm, ce ving, hmltieme Jaur de Jmn de Par de Sri. dwo mule qumr de Name regnm BY COMM PAR ORORE, � TY REGISTPAR 59US-REKSTPAW5 GENERAL OF CANADA GENERAL DU CANADA DEPUTYATTORNEY SOUgg-PROCUREUR GENERALOFCANADA GENERALDUCANADA -2- GENERAL COMMITTEE — SEPTEMBE I AWRITEM A EXTRACT FROM COUNCIL MEETING NO. 05-27 HELD ON TUESDAY, AUGUST 16, 2005 Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 8. CS05-022 — Sign By-law Moved by Councillor West Seconded by Councillor Wallace THAT this matter be deferred to the next General Committee meeting. CORRESPONDENCE SENT ACTION DEPT,: CARRIED INFO DEPT.: K. Ewart, B. Panizza, —3— 6 G.C. GENERAL COMMITTEE - SEPTEMBER 6, 2005 -TOWN OF AURORA COUNCIL REPORT No. CS05-022 SUBJECT: Sign By-law FROM: Bob Panizza, Director, Corporate Services DATE: August 16, 2005 RECOMMENDATIONS THAT Council provide direction with respect to portable signs. BACKGROUND At the Council Meeting held on July 12th the Mayor advised that concerns had been received about the enforcement of the sign by-law with respect to businesses that have signs attached to walls and lamp posts on their property and Council requested staff to provide a report on this matter. Presently, exterior business advertising signs are governed through the Town's Sign Control By-law 4622-04.P which was enacted in December 2004. This by-law replaced a pre-existing by-law that was adopted in 1992. Contained within the legislation are provisions that regulate business signs including permanent exteriorwall signs, permanent ground (pylon) signs and a variety of portable signs. For clarification, the enforcement of the Town's Sign By-law is currently administered by two departments namely, the Corporate Services Dept, and the Building Dept. Permanent signage, such as exterior wall or ground signs, requires a permit from the Building Dept. before it can be installed and therefore any regulations related to these signs including enforcement are handled by the Building Dept. Alternatively, any regulations governing portable, trailer, and sandwich board signs are within the jurisdiction of the Corporate Services Dept., By-law Enforcement Services Division. In June of this year, the Town's By-law Enforcement staff embarked on a proactive campaign to advise businesses in Town regarding illegal portable signage on their property and to request their co-operation to comply. This was prompted by Council's comments on the proliferation of signs during its deliberations on the Shopper's Drug Mart sign variance application and as well, the addition of a new full time by-law officer provided more resources which enabled staff to address these and other enforcement issues. —4— GENERAL COMMITTEE — SEPTEMBER 6, 2005 August 16, 2005 - 2 - Report No.CS05-022 COMMENTS According to the Sign By-law (attached as Appendix #1), Clause 2.33, a Portable Sign is defined as follows: PORTABLE SIGN Means any sign that is not attached or affixed to any land, building or premises with some degree ofpermanence and shall be deemed to include signs commonly known as sandwich board signs and vehicle signs, except that Portable Signs shall not include ground signs and excludes signs attached to vehicles where such signs indicate information pertaining solely to the owner, lessor, franchise or operator of that vehicle or provide other information as required by law and excludes vehicles which may from time to time be owned and operated by and on behalf of the Town of Aurora. Furthermore, Section 4, Clause 4.10) of the By-law states the following: PROHIBITED SIGNS 4.1 No person shall erect on any premises any of the following type of signs, except as may be otherwise noted herein: 6) Portable signs excluding those signs commonly referred to as a sandwich board sign. The various styles of portable or temporary signs are generally evident throughout Town. Included within this category are banners, pole signs, and blvd signs. Photo examples are provided as Appendix #2 to this report. Not included in the category of portable signs are sandwich board signs and trailer signs with are defined separately in the by-law. SAND WICHBOARD SIGN Means a sign constructed in the shape of an "A" or triangle and intended to be relocated daily by one person. TRAILER SIGN Means a sign erected on a trailer or vehicle that is not selfpropelled or whose principle use is not the transportation of people, goods or other materials. As previously mentioned, the Town's By-law Enforcement staff is authorized to enforce the provisions of the sign by-law and as part of their regular duties, staff normally removes portable signs that are attached to traffic/utilility poles and along the Town's blvds. (Appendix #3). In 2004 over 3,000 signs were removed. The majority of these signs included banners and lamp post signs. Prior to Council's direction of July 12'h, eleven (11) of the forty (40) businesses had complied and removed their prohibited signs. —5— GENERAL COMMITTEE — SEPTEMBER 6, 2005 August 16, 2005 .3. Report No.CS05-022 Through the site development process, businesses are permitted a certain degree of sign visibility within the parameters of the by-law, this includes ground (pylon) signs and permanent exterior wall signs. To supplement this, the by-law also grants the use of a trailer sign (see Appendix #4); a sandwich board sign (see Appendix #5) or the installation of a readograph component to an existing ground/pylon sign (see Appendix #6), to emphasize a special sale or other seasonal activities. The newest trend that has emerged in the business advertising realm is the use of poster signs which are temporarily affixed to the lamp posts or exterior walls on the property, or alternatively the use of fabric banners which are also attached to the exteriorwall or tied to outdoor fixtures. Notwithstanding the fact that these portable signs are presently prohibited by the by-law, there is a concern that the proliferation of these signs will detract from the effectiveness of the site development process in controlling the size and quantity of exterior signage. Several years ago the Town undertook an extensive study and implemented policies to ensure that future development along major arterial corridors such as Wellington St. W. provide for a visually desirable streetscape design. As well, the Town conducts an extensive review as part of its urban design guidelines for each commercial property development to ensure quality architectural design is achieved. Furthermore, Town's Heritage Advisory Committee has also identified as one of its objectives, an amendment to the Town's sign by-law to promote a heritage design feature to signs that may be installed within the Heritage Area of the Town. Allowing the continued installation of portable signs would detract from the visual impact of the streetscape and be counter productive to the aforementioned goals. Through site inspections that were conducted by the By-law Enforcement staff in June, it was evident that many businesses have started promoting their products through the installation of posters etc. on their respective properties. Examples of these are shown on Appendix #7. Accordingly staff proceeded to issue notices to these various businesses requesting their compliance. Staff understands the competitive nature of the commercial retail business, and the need to provide a focus to draw a customer to their location. Advertising in the media is one method to achieve this, while another is to install signage. The purpose of the Town's sign by-law is to regulate and control the type, amount and size of signage that may be installed on a property. Correspondingly when the by-law is not adhered to, then staff is obligated to ensure compliance which was the action taken until this review was requested. OPTIONS Council has the authority to determine degree of regulation it wishes to impose with respect to signage. However, the level of control must be clearly delineated within the. governing by-law or alternatively repealed from the legislation. GENERAL COMMITTEE — SEPTEMBER 6, 2005 August 16, 2005 - 4 - Report No.CS05-022 Accordingly staff presents the following options for consideration: 1. Maintain the existing regulations within the sign by-law and prohibit the installation of portable signs; or 2. Repeal the provisions of section 4.10) of the by-law which would permit the use of portable signs; or 3. Amend the by-law to permit a limited number of portable signs per business or property. FINANCIAL IMPLICATIONS None. N CONCLUSIONS Regulations affecting signs sometimes can be a difficult balancing act between the benefits the additional signage may provide to the business community versus the visual impact it may have on the streetscape of the Town. As outlined in this report, portable signs are presently prohibited and subject to Council's direction, staff will continue to enforce the provisions of the by-law. It is staff's opinion that sufficient latitude is available in the by-law to permit additional advertising exposure through the use of a trailer signs; sandwich board signs; readograph signs etc. However, should Council determine that additional opportunities be provided through the use of portable signs, then an amendment will be required to permit their use and location. If the by-law is amended to permit the additional signs, then Council must also determine what it deems as a reasonable number of signs per business or property i.e. 1 or 2 or unlimited. During the inspections by staff some businesses had as many as 14 portable signs on their property. It should be noted that in the case of a commercial plaza, one sign per business could translate to numerous signs per property depending on the number of business tenants. This would also be in addition to any sandwich board; A Frame or trailer signs that may also be on the property. —7— GENERAL COMMITTEE - SEPTEMBER 6, 2005 August 16, 2005 .5. Report No.CS05-022 LINK TO STRATEGIC PLAN Goal "C" speaks to protecting the overall investment of citizens in the community by ensuring high -quality, comprehensive community planning. ATTACHMENTS Appendix #1 to #7 PRE -SUBMISSION REVIEW Management Team — August 10, 2005 Prepared by: Bob Panizza ext. 4221 Bob Panizza Director of Corporate Services GENERAL COMMITTEE - SEPTEMBER 6, 2005 APPENDIX #1 THE CORPORATION OF THE TOWN OF AURORA BY-LAW NUMBER'4622-04.P BEING A BY-LAW respecting advertising devices, including signs, within the Town of Aurora. WHEREAS the provisions of Section 99 of the Municipal Act 2001, as amended, permits Council to pass by-laws respecting advertising devices, including signs; AND WHEREAS the Town of Aurora enacted By-law 3400-92, being the Sign By- law, under the provisions of the former Municipal Act; AND WHEREAS the Town of Aurora enacted various amendments to By-law 3400- 92 under the provisions of the former Municipal Act; AND WHEREAS it is deemed necessary to enact a by-law respecting advertising devices, including signs to incorporate the amendments to By-law 3400-92, as amended, under the provisions of the new Municipal Act 2001 within the Town of Aurora. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: GENERAL COMMITTEE - SEPTEMBER 6, 2005 TABLE OF CONTENTS SECTION TITLE PAGE 1 TITLE...............................................................................................3 2 DEFINITIONS.. ......................... ........................... .......................... 4 3 ADMINISTRATION..........................................................................8 4 PROHIBITED SIGNS.....................................................................13 5 MATERIALS AND STRUCTURAL REQUIREMENTS ...................15 6 GENERAL PROVISIONS..............................................................16 7 SIGNS PERMITTED IN ALL ZONES.............................................19 8 SIGNS PERMITTED IN RESIDENTIAL ZONES ............................21 9 SIGNS PERMITTED IN COMMERCIAL ZONES ...........................22 10 SIGNS PERMITTED IN SHOPPING CENTRES ...........................26 11 SIGNS PERMITTED IN INDUSTRIAL ZONES..............................28 12 SIGNS PERMITTED IN INSTITUTIONAL ZONES........................30 13 SIGNS PERMITTED IN RURAL, OPEN SPACE, .......................... 32 OR ENVIRONMENTAL PROTECTION ZONES 14 SIGNS PERMITTED IN AUTOMOBILE SERVICE ........................33 STATIONS OR GAS BARS (INCLUDING A CAR WASH) 15 MENU BOARD SIGNS ..................................... :............................ 34 16 EXCEPTIONS TO THE BY-LAW...................................................35 17 REPEALED BY-LAW.....................................................................35 SCHEDULE "N' PERMIT FEES...................................................................36 -10- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 3 of 26 SECTION 1 -TITLE 1.1 SHORT TITLE: This By-law shall be known and cited as the "Sign By-law". 1.2 INTENT AND SCOPE: This By-law shall apply to the whole of the Town. The intent of this By-law is to regulate signs in the Town especially in relation to community appearance and safety. Slgnage shall be designed so as to be compatible with the function, scale, and style of the building. SECTION 2 - DEFINITIONS In this By-law, unless the context otherwise requires, the following terms when used shall have the meanings assigned to them as follows: 2A "Alter, Altered or Alteration" means any change to the sign structure or the sign face with the ezcepfion of: (a) a change in the message displayed by a sign, (b) the re -arrangement of numerals, letters or copy applied directly to the face of a sign specifically designed and intended to be periodically rearranged. (c) repair and maintenance, including replacement by identical components, as required by this By-law. 2.2 AWNING: Means a roof -like cover extending over or before a door, wall or window, acting as a shelter, which is attached to a building or structure and composed of non -rigid materials except for the supporting framework. 2.3 CANOPY: Means a part of any structure composed of rigid materials which projects horizontally from the exterior face of a building wall and which may afford protection or shelter from the weather. 2.4 CANOPY, FREE STANDING: Means a structure, unenclosed on all sides, which may afford protection or shelter from the weather and does not include a tent. 2.5 DEVELOPMENT AREA: Means an area designated for development and which is appropriately zoned for the use being advertised, or for which a valid application to permit such development is under consideration by the Municipality. 2.6 DIRECTOR: Means the Director. of Building Administration of the Town or his authorized designate. 2.7 ERECTED: Means to erect, locate, park, build, construct, install, mount, assemble, paint, attach, post, display, or alter. 2.8 HEIGHT: Means the distance from the level of the sidewalk or where no sidewalk exists, the travelled portion of the street abutting the property or from the level of the ground immediately below the sign to the highest point thereof, whichever is the least restrictive. -11- GENERAL COMMITTEE — SEPTEMBER 6, 2005 ' By-law 4622-04.P Page 4 of 26 2.9 LOT: Means a parcel of land, whether or not occupied by a building or structure which fronts a street or highway. 2.10 LOT, CORNER: Means a lot situated at the intersection of and abutting two (2) or more streets or two (2) parts of the same street provided that the angle of Intersection of such streets or parts thereof is not more than one hundred and thirty-five (135) degrees. 2.11 LOT, FRONTAGE: Means the cumulative length of all boundaries separating the [at from any street or highway. 2.12 LOT, THROUGH: Means a lot bounded on two (2) opposite sides by streets. 2.13 MENU BOARD: Means a sign erected as part of a drive-thru facility and used to display and order products and services available at the drive-thru business. 2.14 ONTARIO BUILDING CODE: Means The Ontario Building Code Act R.S.O. 1980, Chapter 51, as amended, and all regulations passed thereunder. 2.15 OWNER: Means a Person, or his/her authorized agent, who owns or is in control of the premises, building, sign or other structure or a portion thereof including a mortgagee in possession. 2.16 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. 2.17 PREMISES, BUSINESS: Means any premises on which commercial or industrial activities are carried on or permitted under the zoning by-laws. In a multiple tenantloccupancy building, each business area shall be considered a separate premises. 2.18 PRE -MENU BOARD: Means a sign erected as part of a drive-thru facility and only used to display products and services available at the drive-thru business. 2.19 REGION: Means the Regional Municipality of York as described in the Regional Municipality of York Act, R.S.O., 1990, c. RA8, as amended 2.20 SHOPPING CENTRE: Means a group of commercial uses, which has been designed, developed and managed as a unit by a single owner or tenant, or a group of owners or tenants, with off-street parking provided on the property, as distinguished from a business area comprised of unrelated individual uses. —12— GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 5 of 26 2.21 SIGN: Means any advertising device and any structure, device, or any part thereof, or any device attached thereto, or painted or represented thereon, which is used to identify, advertise, or attract attention to any object, project, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which displays or includes any letter, word, model, number, insignia, device or representation used as an announcement, direction or advertisement, located on the outside of or inside a building or structure and which is intended to be seen from off the premises or from a parking lot. 2.22 SIGN AREA: Means: a) the area of the display surface including the boarder or the frame. b) all of the area of the display surface lying within the extremities of the sign, if the sign does not have a border or frame. c) where used in connection with a sign having two display surfaces and thickness not greater than necessary to accommodate the sign structure and with the thickness not used as a display surface, means the area of one display surface. 2.23 SIGN, AWNING: Means a sign erected on an awning. 2.24 SIGN, CANOPY: Means a sign erected on a canopy. 2.25 SIGN, BILLBOARD: Means a standardized advertising sign, symbol or structure erected and maintained by a person, firm, corporation, business, service, commercial or industrial enterprise engaged in the sale or rental of space thereon to a clientele upon which space there is displayed advertising copy describing one or more products or services which are not necessarily made, produced, assembled, sold or stored from the lot or premises upon which the advertisement is displayed. 2.26 SIGN, DEVELOPMENT: Means a sign erected upon any lands, buildings or structures within a development area which displays a message or information regarding a development in progress or a proposed development. 2.27 SIGN, DIRECTIONAL: Means a sign for the public safety or convenience regulating on premises traffic, parking or other functional subdivision of premises, such as lavatory facilities, telephone, signs denoting other sections of a building, such as office, workshop, etc., bearing no commercial advertising. Including a sign indicating direction and/or distance to an institutional use on another property, but not limited to churches, legions, animal shelters. A Directional Sign may take the form of a ground sign, wall sign, canopy sign, free-standing canopy sign, or awning sign. 2.28 SIGN, FACE: Means the opaque, transparent or translucent surface of a sign, upon, against or through which the message of the sign is exhibited, and is the area defined by a geometric shape within a perimeter bounded by the inside of the sign frame or sign structure. 2.29 SIGN, FREE STANDING CANOPY: Means a sign erected on a Free Standing Canopy. -13- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 6 of 26 2.30 SIGN, GROUND: Means a sign commonly known as a Pylon Sign, supported by one or more uprights, poles, braces, or located on a structural base placed in or upon the ground, but does not include a billboard, Inflatable sign or portable sign. 2.31 SIGN, INFLATABLE: Means a sign or advertising device that Is inflated. Inflatable signs shall not be considered roof signs. 2.32 SIGN, NUMBER OF: Means that for the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where components or signs are displayed in a random manner without organized relationship or where there is reasonable doubt about the relationship of said components, each component shall be considered to be a single sign. 2.33 SIGN, PORTABLE: Means any sign that is not attached or affixed to any land, building or premises with some degree of permanence and shall be deemed to include signs commonly known as sandwich board signs and vehicle signs, except that Portable Signs shall not include ground signs and excludes signs attached to vehicles where such signs indicate information pertaining solely to the owner, lessor, franchise or operator of that vehicle or provide other information as required by law and excludes vehicles which may from time to time be owned and operated by and on behalf of the Town of Aurora. 2.34 SIGN, PROJECTING: Means a sign other than a wall sign which is affixed to a building, wall or structure and which projects approximately perpendicular from same. 2.35 SIGN, READOGRAPH:. Means a permanent sign on which copy is changed manually with letters or pictorial panels. 2.36 SIGN, REAL ESTATE: Means a sign advertising the sale, rental or lease of a lot, building or business. 2.37 SIGN, ROOF: Means a sign erected, constructed or maintained entirely on or above the Roof of a building but does not Include an Inflatable sign. 2.38 SIGN, SANDWICH BOARD: Means a sign constructed in the shape of an A or triangle and intended to be relocated daily by one person. 2.39 SIGN, STRUCTURE: Means the support, uprights, bracing and framework of the sign. 2.40 SIGN, TRAILER: Means a sign erected on a trailer or vehicle that is not self propelled or whose principal use is not the transportation df people, goods or other materials. 2.41 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. 2,42 SIGN, WALL: Means a sign,w ich is parallel to and projects not more than 500 mm from the face of the bull ng and a structure. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 7 of 26 2.43 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. 2.44 TOWN: Means the Corporation of the Town of Aurora. 2.45 UNDEFINED TERM: For definition of terms requiring clarification such as apartment, non- conforming, etc., the definitions outlined in Zoning By-law 2213-78, as amended, shall be utilized where applicable. 2.46 ZONE: Means a designated area of land use shown on Schedule "A" of Comprehensive Zoning By-law Number 2213-78, as amended. SECTION 3 - ADMINISTRATION 3.1 RESPONSIBILITY: Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY RE: APPLICATION FOR PERMIT: No person shall make application for a sign permit who is not the owner of the property on which the work is to be performed, except for a tenant or occupant who shall provide written permission from the owner at the time of application. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY RE: PERMITS: No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, its servants or agents, may issue a Notice of Violation as per Section 3.19 of this By-law or may impose a penalty under Section 3.20 of this By-law. 3.4 RESPONSIBILITY RE: NOTICES AND ORDERS: No person shall contravene the provision(s) of a Notice of Violation, issued because of a contravention of the By-law or other Law or remove any aforesaid notice or order that is posted on any premises without the approval of the Town. 3.5 RESPONSIBILITY OF OWNER RE: TIME FOR EXAMINATION: The owner of the lot or premises shall be responsible for ensuring that the application for permit is made in sufficient time to allow a thorough examination of the submitted documents and to permit any necessary amendments or the approval of all governing Authorities prior to the date intended for the commencement of work. -15- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622•04.P Page 8 of 26 3.6 CONFORMITY TO BY-LAW AND APPROVED PLAN: It shall be the responsibility of the owner of the lot or premises, to comply with this By-law and the approved plans and specifications and to be satisfied that each set of plans and specifications approved by the Town is identical in every respect. Failure to do so shall not relieve the owner of the responsibility for complying with every requirement of the By-law should any discrepancies become apparent. 3.7 PERMITS, WHEN REQUIRED: Permits are required to erect any sign with a sign area which exceeds one square metre, except that permits are not required to change the message displayed. 3.8 APPLICATIONS FOR PERMITS: To obtain a permit the applicant must first file an application in a prescribed form furnished for that purpose by the Town. 3.8.1 Every application shall: (a) Identify and describe in detail the sign to be covered by the permit for which the application is made. (b) Describe the land on which the proposed sign is, or is to be erected, by street address or by other equivalent description that will readily Identify and specifically locate the sign. (c) Be accompanied unless otherwise permitted by the Town, by plans and specifications of sufficient detail and quality as is necessary to ascertain whether or not the sign will be in compliance with this By-law and the Ontario Building Code. Plans and specifications are to be submitted In duplicate, unless otherwise stated. (d) State the full names, addresses and telephone numbers of the owner and any Lessee of the premises and the owner of the sign, the applicant, the designer, and, if known, the contractor and, if the owner or contractor is a corporate body, the address of the head office of the company and the names, addresses and telephone numbers of such officers of the company as may be required. (a) Be accompanied by payment of the required fee pursuant to Schedule A appended hereto. (f) Applications for inflatable and trailer signs shall be made by the Sign Company only. An application foe permit for any sign will be deemed to have been abandoned six (6) months after the, date of filing, unless such permit has been issued. In case of abandonment, all plans and specifications shall be returned to the applicant, to the address shown on the application. 3.8.2 In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Aurora's list of Heritage properties, as amended from time to time and for which permits are required, shall require review by LACAC (Local Architectural Conservation Advisory Committee) which is the Committee that advises Council on Heritage matters prior to the issuance of the permit. 3.9 REVISIONS TO APPLICATION OR APPROVED DOCUMENTS: Revisions may be made without charge to the applicant for approved documents ggrgvided they do not require in the opinion of the Director additional wof � y the Town. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 9 of 26 3.10 ISSUANCE OF PERMIT: A sign permit will be issued as follows: (a) Where the application has been properly executed. (b) The required fees have been paid, and (c) The sign for which the application has been made complies in all respects with this By-law and all other By-laws, Acts or Regulations enforceable in the Town. 3.11 EXPIRATION OF PERMIT: Every permit issued by the Town shall expire six (6) months from the date of issuance unless the sign applied for has been erected in conformity with the application and this By-law within that time. The permit shall become null and void upon the removal of the sign other than the temporary removal as agreed to by the Director in writing for the purpose of repair or upon passage of any By-law, the provisions of which would make the approved sign unlawful. 3.12 RENEWAL OF PERMIT: Where, before the expiry date of a permit, an application is made to extend the ,permit for a further six (6) months, the Town may renew the permit upon payment of the prescribed application fee then In effect at that time where the sign continues to conform to all By-laws and/or governmental regulations existing at that time. 3.13 REVOCATION OF PERMIT: A permit may be revoked by the Town under the following circumstances: (a) Where the sign does not conform to this By-law and amendments thereto, (b) Where the sign does not conform to any regulation, law or requirement of any governmental authority having jurisdiction over the area where the sign is situated. (c) Where the permit has been issued as the result of false or misleading statements, or undertakings in the applications. (d) Where the permit has been issued in error by the Town. (a) Where the sign erected does not conform with the application, plans or specifications submitted under Section 3.9. 3.14 ASSIGNING OF A PERMIT: It is a condition of the issuance of any permit that said permit shall not be assigned without the approval of the Town and the payment of the prescribed in Schedule C fee. 3.15 FEES: Fees payable under this By-law are as set out in Schedule "A". 3.16 UNSAFE SIGNS: Where in the opinion of the Director of the Town a sign is unsafe, a letter shall be sent by Registered Mail to the last known address of the owner of the premises, lands or sign, outlining the ways In which the sign is unsafe and directing that the said sign be removed from the property, and the time limits for doing so. Such procedure shall be deemed to be the equivalent of personal notice. -17- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 10 of 26 Upon delivery of said notice by the Town, the owner shall at once proceed to make the sign safe in accordance with the said notice or remove same. If this work is not done within the stipulated time, the Town may then order that the work be carried out by the Town, or an independent contractor, at the expense of the said owner. The cost of this work may be recovered from the owner in a like manner as municipal taxes. 3.17 UNLAWFUL SIGNS: (a) Where a sign is erected in contravention of this By-law, such sign may be taken down and removed by the Municipality at the owners expense. The Director may send by Registered Mail to the last known address of the owner of the sign, or the owner of the land or premises where the sign is situated, a notice requiring the removal of said sign or that it be made to comply with this Bylaw within a stipulated time. Upon receipt of said notice from the Town, the owner shall at once proceed to remove the sign or make it comply with this By-law. If the sign is not removed or made to comply with this By-law within the stipulated time, the Town may order the sign to be removed by its employees or an independent contractor at the expense of the owner. The cost of this work may be recovered from the owner In a like manner as municipal taxes. (b) No such sign shall be altered or relocated for any reason whatsoever, unless the same shall either conform or be made to conform in all respects with the applicable provisions of this By-law. (c) Any sign or other advertising device erected, displayed, altered or repaired after the date of passing of this By-law which is erected, displayed, altered or repaired In contravention with the provisions of this By-law will be required to be brought into conformity with the By-law by the owner. (d) If any such sign is not brought into conformity with the By-law, the Town may remove such sign at the expense of the owner of the lands, premises or sign. Such expense may be recovered by the Town from the owner In a like manner as municipal taxes. 3.18 NOTICES: NOTICE OF VIOLATION: Whenever a contravention of this By-law is apparent, a Notice of Violation may be issued by the Town to the person who is responsible for the work or to the owner of the lands, premises or sign; said notice shall outline the nature of the contravention and the section of the By-law so contravened, and shall further direct that the contravention be abated within a specified time. In the event that no responsible person can be found to receive the notice, then the notice shall be posted at the site of contravention and a copy shall be sent by Registered Mail to the last known address of the owner or Lessee of the lands, premises or sign, and such procedure shall be deemed to be equivalent of personal notice. 3.19 PENALTY: Any person who contravenes any provisions of this By-law (or any of its clauses) is guilty of an offence and shall, upon conviction, pay a fine not exceeding the sum of Two Thousand Dollars ($2,000.00) for each offence committed pursuant to the Municipal Act and the Provincial Offenses Act. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 11 of 26 In addition, where a security deposit has been posted for a sign permit, in accordance with Schedule "A", said security shall be forfeited upon expiration of the time frame for which a permit was issued notwithstanding Section 3.11 herein and said sign shall be considered to be unlawful as per Section 3.17 herein. 3.20 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 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. 3,21 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. 3.22 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. 3.23 PRECEDING SIGN BY-LAWS: By-law Number 3013-88 and 3306-91 be and are hereby repealed. Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating signage, the provisions of the By-law deemed by the Director to be the most restrictive shall prevail. SECTION 4 - PROHIBITED SIGNS 4.1 No person shall erect on any premises any of the following types of signs, except as may be otherwise noted herein: (a) Signs which incorporate in any manner any flashing or moving illumination which varies in intensity or which varies In colour, and signs which have any visible moving parts, or visible mechanical movement of any description: (1) with the exception of signs which indicate time or temperature provided that such sign is not prohibited by any other provision of this By-law. , (b) Signs which by reason of size, location, content, colouring, or manner of illumination obstruct the visions of drivers, either when leaving a roadway or when entering a roadway from another roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads. -19- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622.04.13 Page 12 of 26 (c) Signs which make use of the words "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD" or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead, or confuse traffic. (d) Signs located so as to obstruct or impede any required fire escape, fire exit, door, window, scuttle, skylight, flue or air intake or exhaust or so as to prevent or impede free access of fire fighters to any part of the building. (a) Any sign which advertises a business no longer conducted, or a product no longer sold within the premises or building upon which the sign is located. Such obsolete signs shall be removed within 30 days of closing of the business. (f) Signs painted on, attached to, or supported by a utility pole, tree, stone, or other natural object. (g) Roof signs. (h) Signs erected, maintained or displayed on Municipal property except public election lists and public election signs, and those signs for which the owner has entered into an encroachment agreement with the Town. (1) Projecting signs, except located wholly on private property or for which the owner has entered Into an encroachment agreement with the Town. Q) Portable signs excluding those signs commonly referred to as sandwich board signs. (k) Signs painted on the exterior walls of any building. (1) Sign(s) which advertise(s).a business which is carrying on business not permitted under the Zoning By-law or amendments thereto, on or in the premises, or building or structure upon which the sign is erected. (m) A ground sign within a 7.5 m radius of a traffic light. (n), Signs which obstruct a required parking space or utilize such parking space for purposes of locating a sign. (o) Any other sign which does not comply with the provisions of this By-law. (p) No person shall be permitted to erect a sign upon a fence. (q) Any sign other than a development sign posted in a Holding Zone. (r) Billboard signs except for those signs displayed by service groups and organizations such as the Chamber of Commerce, Optimists, Lions Club, etc., which are recognized as being such by The Town of Aurora. (s) A sign or mural painted on the exterior wall of a building, excluding a mural which has been approved by Council or a Standing Committee of Council. SECTION 5 - MATERIALS AND STRUCTURAL REQUIREMENTS 5A MATERIALS: (a) All materials incorporated into a sign shall comply with all requirements of Section 3.14 of the Ontario Building Cade. -20- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 13 of 26 (b) Every sign shall comply with all governing requirements of the Ontario Hydro Electric Commission or the Aurora Hydro, whichever has jurisdiction in the area where the sign is to be erected. 5.2 STRUCTURAL: Signs and their structural members shall be designed to have structural capacity to resist safely and effectively all effects of loads and influence from the environment that may be expected and shall in any case satisfy the requirements of the Ontario Building Code. 5.3 MAINTENANCE: The owner of the lands or premises upon which any sign or advertising device is located shall maintain or cause such sign or advertising device to be maintained in a proper state of repair so that such sign or advertising device does not become unsafe, unsightly, dangerous or a nuisance. All signs shall be completely operative at all times. Maintenance or repairs using materials identical to the materials of the component being maintained or repaired does not constitute an alteration so as to require a permit. SECTION 6 - GENERAL PROVISIONS The following provisions shall apply in all zones and to all use categories: 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as may otherwise be provided in this By-law no more than the following number of signs may be erected on any premises at one time: (a) One (1) ground sign only on any lot, except as permitted by Schedule "A" of this By-law, and (b) One (1) only of any of the following per business premises: (i) wall sign, awning sign, canopy sign, or projecting sign, and (c) Except that where a premises is located on a corner or through lot or has entrances on two (2) or more public highways, or where a premises has both a front and a rear public entrance, or a rear public entrance on a through lot, one (1) additional sign as per Section 6.1(b). Sections 5.3, 6, 8, 9, 10, 11, 12, 13 & 14 herein are subject to this Section. 6.2 ILLUMINATION: Signs shall not be illuminated in such a way that either the sign or the method of illumination create a hazard or a nuisance. Illuminated signs shall be designed and erected so that light from such signs are deflected away from any adjacent residential premise(s). 6.3 SIGN CONTENT: No person shall erect a sign, the content of which would contravene any Zoning By-law or other By-law, Act, or Regulation enforceable in the Municipality, or which would identify, advertise, or provide information in relation to a use of the lot, property or premises which is unlawful or not permitted, 6.4 WALL SIGN: The following regulations shall apply to wall signs: (a) A wall sign shall not extend above the top extremity of the wall upon which placed. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622.64.P Page 14 of 26 (b) No wall sign, or any part thereof, shall project more than 500 mm from the wall upon which it is mounted. (c) No wall sign shall extend laterally beyond the extremities of the wall to which it is attached. (d) Wall signs shall only be located at the level having direct access to a public way except that where a premise occupies all levels in a multi- storey building the wall sign may be located above the level having direct access to a public way. (a) No portion of a wall sign that projects more than 50 mm from the wall upon which it is mounted shall be located less than 2.4 m above the grade below such sign. (f) A wall sign which projects less than 50 mm from the wall upon which it is attached may be permitted to be located less than 2.4 m above grade where it can be shown by the owner that the height of the wall will not permit same. (g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of .75m2/lineal metre of wall of the wall face, except that any wall facing, and within twenty (20) metres of a Residential Zone shall have no wall signs other than a single Directory Wall Sign with a maximum sign area of 0.5 mZ. (h) A wall sign may be composed of 2 or more Sections, provided the maximum wall coverage of the wall to which the sign Is erected does not exceed 20% thereof. (i) The total area of any single wall per premises shall not exceed 35 m2. 6.5 GROUND, IN GROUND, AND FREE-STANDING SIGNS: The following regulations shall apply to all ground signs: (a) Ground signs are permitted between the property line and the building setback lines defined in the applicable zoning by-law. (b) The minimum distance between ground signs on any lot shall be not less than 15.0 m. (c) No ground sign shall exceed 7.5 metres in height from the finished grade level at the base of the supporting structure of said sign except. for signage for a shopping centre as per Section 9.1 (b) herein. (d) The number and maximum area of all ground signs shall comply with the provisions outlined herein. (a) No ground sign shall be permitted in a C-1 Local Commercial Zone or C-2, Central Commercial Zone. (fl No ground sign shall exceed 3.6 metres in any dimension of sign face except for signage for a shopping centre as per Section 9.1 (b). (g) No ground sign shall be located at a distance from the common lot boundary with an adjacent lot less than 1.5 m or a distance equal to the height of the sign whichever is greater. (h) In all non-resldentlal zones, ground signs shall be erected a minimum of 9.0 m from the boundaries of any adjacent Residential Zone. -22- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622.04.P Page 15 of 26 (i) A ground sign including any part of its structure shall not be located closer than 1.0 m to any driveway, unless located on a traffic island separating the lanes of a two-way driveway. Q) READOGRAPH SIGNS`. (1) Readograph signs shall be designed as an integral part of a ground sign. (ii) The readograph portion of a ground sign shall be located a minimum of 2.4 m above grade or in a secure enclosure. 6.6 AWNING SIGNS: (a) An awning sign shall be designed as an Integral part of the awning. (b) No awning sign shall extend beyond the limits of the awning. 6.7 CANOPY SIGNS: (a) A canopy sign shall be designed as an integral part of the attached or free standing canopy fascia. (b) No canopy sign shall extend beyond the limits of the canopy fascia. 6.8 PROJECTING SIGNS: (a) No portion of a projecting sign shall be less than 2.4 m above the finished grade or floor level immediately below such sign. (b) No projecting sign shall exceed 1.6 mZ in sign area per sign face. (c) No projecting sign shall be illuminated internally. (d) No projecting sign shall have more than two sign faces. SECTION 7 - SIGNS PERMITTED IN ALL ZONES 7.1 EXISTING SIGNS: Any sign except prohibited signs as described in Section 4, erected, constructed or placed before the day this By-law shall come into force and in use on such day may remain and continue to be used and maintained notwithstanding that it does not conform with the applicable provisions of this By-law, provided that, (a) No such sign shall be altered or relocated whatsoever, unless the same shall conform or be made to conform in all respect with the applicable provisions of this by-law. (b) Notwithstanding the foregoing, nothing shall prevent the maintenance of a non -conforming sign. Except as otherwise noted herein the following signs shall be permitted for all land use zones In the Town and shall not be counted when calculating the number of signs permitted for any premises. However, such signs shall comply with the provisions specified herein. 7.2 SIGNS REQUIRING A PERMIT: (a) A sign having an area of not more than 4.6 m2 incidental to building construction within the area designated for such purposes provided there is an active permit, to construct, on file with the Director. Such sign shall not be erected more than thirty (30) days prior to the commencement of said construction and shall be removed as soon as said construction is completed or said construction is discontinued for a period exceeding sixty (60) days. -23- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-64.13 Page 16 of 26 (b) Ground signs or banners not exceeding 4,6 m2 in sign area relating to the opening of a new business, provided the business complies with all Town By-laws. Such sign not to exceed 4.6 mz to be erected no more than fourteen (14) days prior to the opening for business, and to be removed within sixty (60) days thereafter. (c) Development Signs: Development signs are permitted in all development areas subject to the following regulations. A development sign: (i) shall be a wall sign or ground sign, (ii) shall only be permitted if it faces a public highway or road; and All development signs shall comply with the provisions herein with respect to wall signs or ground signs, as the case may be. Development signs shall only be permitted for a maximum period of 3 years. An application for a development sign shall be accompanied by refundable security as per Schedule "C', in addition to the normal permit fee, which security shall be refunded when such signs have been removed to the satisfaction of the Town. Development signs which are not removed within 14 days of the 3 year expiry date or notification thereof and for which no written extension of time shall have the security posted for same cashed by the Town. Such security may be used for the costs associated with the administration and removal of the sign. 7.3 SIGNS FOR WHICH A PERMIT IS NOT REQUIRED: (a) A sign containing the name, address and profession of a resident or occupant and may incorporate the hours of work, operation or availability. However, the sign shall not be more than 0.2 mZ In sign area and shall not include any commercial advertising. (b) No trespassing signs or other such signs regulating the use of property, of no more than 0.2 m2 in sign area. (c) Real Estate signs not exceeding 1.0 m2 in sign area in a Residential Zone and 2.0 m2 in other zones, provided that in other zones a 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. Such real estate signs shall be removed within thirty (30) days after the premises or lot advertised has been sold, rented or leased. Maximum one such sign per lot. (d) Direction Sign not to exceed 0.5 m2 in area, in a Residential Zone, and 1 m2 in area in other zones. (e) Signs erected by a governmental body, or under the direction of such a body, and bearing no commercial advertising, such as traffic signs, rail road crossing signs, safety signs, signs identifying public schools or public buildings, Public Information signage and signs of a similar nature. (f) Memorial signs or tablets and signs denoting the date of erection of buildings attached to the wall of a building or structure, maximum size 0.5 m2. -24- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 17 of 26 (g) Flags bearing the crest or insignia of any corporation, government, agency or religious, charitable or fraternal organization. (h) Public election lists, public election signs and candidate signs including signs erected at a campaign headquarters. Such signs shall be no larger than 2 m2 in area and shall be removed within forty-eight (48) hours after the election for which such signs have been erected subject to The Elections Act or Municipal Elections Act or any other relevant legislation. (i) Temporary signs no larger than 2 m2 in area advertising auctions and special events of charitable or public service groups which signs shall be removed within 48 hours thereafter. G) Signs erected at the request of the municipality including planning, development, and information signs as well as Zoning and Official Plan Amendment signs, which signs shall be removed within seven days after one of the following events has taken place: (i) the application is turned down by Council or is withdrawn; (H) the Official Plan Amendment Is approved or turned down by the Minister of Municipal Affairs or the Ontario Municipal Board; or (ill) Zoning By-law comes into force or is approved by the Ontario Municipal Board. (k) Sandwich Board Sign: One per premises, where permitted in the By-law, may be maintained during normal working hours, to be removed each night after business closes: (1) Maximum dimension 1 metre, (ii) Maximum area 1 metre square per side. (1) Signs fora blood donor clinic of the Canadian Blood Services. (m) Public transit shelter advertising or any advertising on street furniture and fixtures approved by the Town or Region. SECTION 8.- SIGNS PERMITTED IN RESIDENTIAL ZONES 8.1 The following signs are permitted in a Residential Zone: (a) Those signs permitted In Section 7.3 (a) to G) of this By-law (b) One identification wall sign not exceeding 9.0 m2 in sign area for an apartment building. (c) One identification and vacancy information ground sign not exceeding 2.4 m2 in sign area nor 4.0 m in height for an apartment building. (d) Buildings within a Residential Zone which have been converted or may be converted into businesses or offices excluding home occupation, may have a ground sign with a maximum area of 9.0 m2 and a maximum height of 4.0 m or a projecting sign with a maximum area of 5.0 m2 identifying the building, business and occupants thereof. 8.2 Sign(s) Permitted in an R5 or R5 Exception Zone (a) Notwithstanding any other provision of this by-law, readograph signs (b) No sign erected shall obstruct or interfere with any architectural Detallirlo&n the building. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 18 of 26 (c) Ground signs for single tenant buildings shall not exceed 1.W in area per single sign face or 3.Om' for all faces combined. Such ground signs, notwithstanding Section 6.4, shall not exceed 2.Om in height. (d) Ground signs for multi -tenant buildings shall not exceed 2.Om' in area per single sign face or 4.0m' for all faces combined. Such ground signs, notwithstanding Section 6.4, shall not exceed 2.5 m in height. (a) The area of wall signs shall not exceed 0.25m' of sign area per linear horizontal metre of building wall upon which such sign is located. No sign shall exceed 1.25m2 in sign area. (f) The area of canopy signs shall not exceed 0.25m' of sign area per Linear horizontal metre of canopy fascia upon which such sign is located. No sign shall exceed 1.0m2 in sign area. (g) Notwithstanding Section 6.8, no projecting sign shall exceed 0.75m2 in area per sign face.. (h) No more than a maximum of two signs shall be permitted. (1) Internally illuminated signs shall not be permitted in Special Sign Districts. SECTION 9 - SIGNS PERMITTED IN COMMERCIAL ZONES 9.1 The following signs shall be permitted in a Commercial Zone. Table B — Signs Permitted in Commercial Zones Sign Type Requirement Maximum Area Maximum Illumination Per Face Height Wall 0.75m' per 1.0m of N/A Internal or linear building external fagade, maximum 35.0 m- for an Individual sign Awning N/A 10% of the area of NIA External the awning Canopy N/A 0.25 m' per 1.0m of NIA internal or linear length external Projecting NIA 1.0 m N/A External *Ground Lot frontage 75 m 10 m' 7.5 m Internal or or less external * Ground Lot frontage greater 10 m 7.5 m Internal or than 7.5 m less external than 300 max. 2 signs 1. A wall sign on an office building three or more storeys in height, shall be located only on any of the following: the first storey, the top storey and parapet, the mechanical penthouse. 2. Where a wall sign is located on the wall of a mechanical penthouse of an office One additional ground sign may be permitted where the commercial property abuts a corner lot. 9.2 No person shall erect or display a sign in a commercial zone except inconformity with the regulations of Table B. -26- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.13 Page 19 of 26 No ground sign shall be permitted on an inside lot or a corner lot which has a street frontage of less than 12.2 m (40.0 ft). Readograph signs forming an integral part of a ground sign shall be permitted except that all the provisions under Section 8.3 shall apply. 9.3 Portable Sign(s): Portable signs shall include mobile and inflatable signs; (a) No Person shall locate or permit the location of a portable sign on any lot except in accordance with the provisions of this By-law; (b) No person shall locate or permit the location of a portable sign on any lot m without first obtaining therefore a permit, pursuant to this By-law, from the Director and supplying such information as is required pursuant to the By-law and paying such fee as is set forth in Schedule "A" to this By-law which fee shall represent the cost of a permit for a period of two weeks; (c) No person shall locate or permit the location of a portable sign on any lot except on a lot on which commercial or industrial activities are carried on; (d) No person shall locate or permit the location, of a portable sign on any lot if a permit issued therefore pursuant to this By-law is revoked; (a) No person shall 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 3447-93 (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 will be waived; (f) No person shall locate or permit the location of more than one portable sign on any lot at any point in time; (g) No person shall locate or permit the location of any portable signs on any single lot for more than four occasions in a single calendar year and each occasion shall represent a two -week period; (h) No person shall locate or permit the location of a portable sign on any lot for a cumulative period of time in excess of eight weeks, which time may occur consecutively, and a portable sign hall be deemed to be located o a lot on the first day it is delivered to that lot; (1) No portable sign shall be illuminated or employ any flashing or sequential light, or an mechanical or electronic device to provide or simulate motion; (j) A portable sign shall be erected on a property so as not to interfere with pedestrian and/or vehicular traffic. (k) A portable sign shall have a maximum height measured from grade not greater than 2.7 metres. (1) Sign area devoted to portable signage shall not be included in the maximum sign entitlement for the property. (m) No portable sign shall be located closer than 1.0 metres to a street line or within a day -lighting triangle referred to in By-law 2213-78, as amerglvd- GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622.04.P Page 20. of 26 (n) No person shall locate or permit the location of a portable 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. If the applicant breaches any of the provisions of this By-law,. such security shall constitute the Town's minimum liquidated damages to rectify the breach; (o) No person shall locate or permit the location of any portable sign except entirely on the lot specified in a permit issued pursuant to this by-law; (p) No person shall locate or permit the location of any portable sign on a parking space that is required pursuant to Town of Aurora Zoning By- law 2213-78 (as amended) or site plan or other agreement with the Town. (q) Portable signs for the purpose of promoting non-profit, charitable and community events shall be permitted on a first come first served basis provided: (1) There is no commercial advertising included in the message. (ii) The signs are located for a period not to exceed 14 days prior to the event, (ill) A plan outlining the proposed location and nature of the message is provided and reviewed by the Director of Building Administration. (iv) The maximum number of signs is restricted to four per event. (v) Where required approval from other affected agencies is obtained. (vi) No more than one event may be advertised at any one time. SECTION 10 - SIGNS PERMITTED IN SHOPPING CENTRES 10.1 SHOPPING CENTRE SIGNS In addition to other provisions of this By-law, the following regulations shall apply to SHOPPING CENTRES other than those in a Local Commercial C1 Zone and a Central Commercial C2 Zone. Additional Regulations for a Shopping Centre on a Lot of 1.0 ha to 4.0 ha in Area Sign Type Number Maximum Area - Maximum Illumination per Face Height Ground 1 for each 100 m of 10.0 m' 9.0 m Internal or frontage to a maximum external of 2 Wall, Canopy All wall signs shall be 0.75 m' per 1.Om of NIA Internal or erected In accordance building fapade, external with the sign uniformity maximum 35.0 m' plan approved by the for an Individual Town sign GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 21 of 26 Additional Regulations for a Shopiping Centre on a Lot Over 4.0 ha in Area Sign Type Number Maximum Area Maximum Illumination per Face Height Ground 1 for each 100 m of 18.0 m2 - 9.0 m Internal or frontage to maximum of external 2 Minimum 45 m separation between the round sl ns Wall, Canopy All wall signs shall be 0.75 m2 per 1.0m of N/A Internal or erected In accordance building fagade, external with the sign uniformity maximum 35.0 m2 plan approved by the for an individual Town si n One additional ground sign shall be permitted where the shopping centre Is located on a corner. No sign shall exceed 4.9 m in width. Coordination of signage among individual and groups of merchants within shopping centres in respect to at least two of the following aspects: type, location, style, colour, size and height shall be encouraged. Portable signs in accordance with Section 9.7 herein. SECTION 11 - SIGNS PERMITTED IN INDUSTRIAL ZONES 11.1 The following signs shall be permitted in an Industrial Zone. 11.2 Wall, canopy and awning signs indicating the use and/or occupancy of the lot and/or building shall be permitted subject to the following (a) No portion of a wall, canopy or awning sign shall be located less than 2.4 in above the grade below the sign. (b) No wall, canopy or awning sign shall extend laterally in any direction beyond the extremities.of the wall to which it is attached. (c) No wall sign shall have a sign face exceeding 20% of the total area of the exposed wall to which it is attached or a total sign area of 19 m2 whichever is less: (d) No wall sign or part thereof shall project more than 0.5 m from the wall upon which it is mounted. (e) A wall sign which projects less than 0.05 m from the wall upon which it is mounted may be permitted to be located less than 2.4 m above grade where it can be shown by the owner that the height of the wall will not permit same. (f) Canopy and awning signs shall be designed as an integral part of the canopy or awning upon which the sign appears. (g) No more than one wall or canopy or awning sign shall be permitted per building,. except in a multiple unit building one wall or canopy or awning sign sA be permitted at each business premise. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 22 of 26 (h) Buildings on a corner lot or through street shall be permitted additional signage in accordance with Section 6.1(c). 11.3 Ground signs indicating the use and/or occupancy of the lot and or building shall be permitted subject to the following. (a) Ground signs shall be located between the street line and the minimum setback lines defined for the applicable zone in By-law 2213-78 as amended, except that no ground sign or part thereof shall be located closer than 1.0 m to any driveway or street. (b) The minimum distance between ground signs on any lot shall not be less than 15.0 m. (c) No ground sign shall 'exceed 7.5 metres in height from the finished grade level at the base of the supporting structure of said sign to the highest point of the supporting structure. (d) No ground sign shall be located at a distance from the common lot boundary with an adjacent lot less than 1.5 m or a distance equal to the height of the.sign whichever is greater. (e) No ground sign shall be permitted on an inside lot or a corner lot which has a street frontage of less than 12.2 m (40.0 ft). (f) One ground sign on an inside lot which has a street frontage of at least 12.2 m (40.0 ft) and up to 76.2 m (250.0 ft) provided that such ground sign shall have a maximum sign area of 0.09 m2 (1.0 ft2) for every 0.3 m (1.0 ft) of street frontage. (g) Two ground signs on an inside lot which has a street frontage of more than 76.2 m and up to 305.0 m provided that such ground signs shall have a maximum cumulative sign area of 0.09 m2 for every 0.3 m of street frontage but no one ground sign shall have a sign area greater than 10.0 m2 (107.64 sq.ft.). (h) One ground sign in accordance with sections (g) and (h) may be erected on each street frontage of a comer or through lot, provided however, that each such street frontage has a minimum length of 12.2 m (40.0 ft). (1) Where by virtue of this section one ground sign is permitted on each street frontage of a corner or through lot, then in the alternative, one ground sign containing a maximum sign area equal to the sign area which is otherwise permitted under this section to a maximum sign area of 20.0 m' (215,28 sq.ft.) shall be permitted on one street frontage of the corner or through lot provided that no sign is erected or displayed on the other street frontage of the corner or through lot. Q) Setbacks for Residential Zones shall be 9.0 m in accordance With Section 6.5(h). 11.4 Projecting sign (a) permitted subject to the following provisions: (a) One per premises, (b) Non -illuminated, (c) Minimum of 2.4 m above the grade immediately below said sign, and (d) Maximuffign area of 0.5 m2, GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 23 of 26 (a) The projecting sign is placed as an alternative to the permitted wall or canopy or awning sign, except in the C1 and C2 Zones, which shall permit one projecting sign in addition to the wall, canopy or awning sign. SECTION 12 - SIGNS PERMITTED IN INSTITUTIONAL ZONES 12.1 The following signs shall be permitted in an Institutional Zone. 12.2 One wall sign indicating the name of the institution and/or occupancy of the lot and/or building shall be permitted subject to the following (a) No portion of a wall sign shall be located less than 2.4 m above the grade below the sign. (b) No wall sign shall extend laterally in any direction beyond the extremities of the wall to which it is attached. (c) No wall sign shall have a sign face exceeding 20% of the total area of the exposed wall to which it is attached. (d) No wall sign or part thereof shall project more than 0.5 m from the wall upon which it Is mounted. (a) A wall sign which projects less than .06 m from the wall upon which it is mounted may be permitted to be located less than 2.4 m above grade where it can be shown by the owner that the height of the wall will not permit same. (f) No more than one wall or canopy or awning sign shall be permitted per building, except in a multiple unit building one wall or canopy or awning sign shall be permitted at each business premise. 12.3 One ground sign with a maximum sign area not to exceed 4.0 m2 Indicating the name of institution, dates and times of events, etc., or which could be classed as an outdoor bulletin board. (a) Ground signs shall be located between the street line and the minimum setback lines defined for the applicable zone in By-law 2213-78 as amended, except that no ground sign or part thereof shall be located closer than 1.0 m to any driveway or street. (b) The minimum distance between ground signs on any lot shall not be less than 15.0 m. (c) No ground sign shall exceed 4.0 metres in height from the finished grade level at the base of the supporting structure of said sign to the highest point of the supporting structure. (d) No ground sign shall be located at a distance from the common lot boundary with an adjacent lot less than 1.5 m or a distance equal to the height of the sign whichever is greater. (a) Setbacks from Residential Zones shall be 9.0 m in accordance with Section 6.5(h). 12.4 Projecting sign(s) permitted subject to the following provisions: (a) One per premises, (b) Non-il( Tinated, GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 24 of 26 (c) Minimum of 2.4 m clearance to above the grade immediately below said sign, and (d) Maximum sign area of 0.5 m2, (a) The projecting sign is placed as an alternative to the permitted wall or canopy or awning sign. (f) The projecting sign is placed as an alternative to the permitted wall or canopy or awning sign, except in the C1 and C2 Zones which shall permit one projecting sign in addition to the wall, canopy or awning sign. SECTION 13 - SIGNS PERMITTED IN RURAL, OPEN SPACE_ OR ENVIRONMENTAL PROTECTION ZONES 13.1 No person shall erect a sign In a Rural, Open Space and Environmental Protection Zone, save and except the following: (a) One Ground Sign with area of sign not to exceed 2.2 m2 indicating the Residential, Commercial, or Institutional use of the building or lot. (b) Maximum of Two Ground Signs with each sign area not to exceed 1.0 m2 advertising the sale of edible farm produce produced on the premises, (Rural Zone only). (c) Ground signs indicating public trail systems, educational areas, natural areas of environmental Interest, types of flora and fauna, natural habitat areas and outlining educational information with respect to the environment wherein the sign is placed. (d) Where the municipality has permitted a designated use which is non- conforming than the signage permitted under such use shall be permitted. (e) Signage which .may be placed by or at the request of the Town or Region shall not be restricted in size. 14.1 No person shall erect a sign in an automobile service station or gas bar lot, save and except the following: (a) Wall Sign(s) with area not to exceed 20% (twenty percent) of the area of the wall to which the sign is attached. One such sign is permitted on each wall except if a wall abuts a Residential Zone. (b) One Ground Sign with a maximum sign area of 10.0 m' (107.64 sq.ft.) indicating the use and/or occupancy of the lot or building may be permitted, Where the property Is a corner lot a second ground sign with a maximum sign area of 10.0 m' (107,64 sq.ft.) shall be permitted. (c) One Ground Sign for posting of copy or price of gas, or accessories; such as are associated with a service station, public garage or gas bar. Area of above signs not to exceed 2.4 m2 for each sign, except where a service station, public garage or gas bar is located on a corner lot. Such signs shall be permitted provided only one sign is adjacent to each street. (d) Signsfj; ystomanly displayed on gasoline pumps which are an integral part of114e pump or pump island design. GENERAL COMMITTEE - SEPTEMBER 6, 2005 By-law 4622-04.P Page 25 of 26 (a) Free -Standing Canopy Sign - one sign permitted on each fascia of canopy, maximum area to be 50% of the canopy fascia. However, if one side of the canopy fascia faces a Residential Zone, then no sign is permitted on that fascia. Canopy fascia may be illuminated. (f) Signs which display occasional corporate promotions provided such signs have a maximum area of 1.0 m2 on any 1 face and by their nature and makeup are temporary such as signs printed on posterboard, cardboard, etc. Section 15 — Menu Boards 15.1 One menu board shall be permitted in association with a drive-thru facility In a commercial zone, provided the menu board is a maximum height of 2.5 m and a maximum sign area of 4 m2. 15.2 One pre -menu board shall be permitted in association with a drive-thru facility in a commercial zone, provided the pre -menu board is a maximum height of 2.5 m and a maximum sign area of 2 ml. SECTION 16 - EXCEPTIONS TO THE BY-LAW 16.1 Notwithstanding any other provision of this By-law, the Town may permit or grant an exception to Section 8, Residential Zones, and Section 9, Commercial Zones, which would permit one temporary sign per lot, no larger than 2 mz In area, advertising issues of civic concern for a period of up to 30 days. 16.2 Notwithstanding any other provisions of this By-law, only the following Sections of this By-law apply to traffic signs erected, or to be erected, by any Municipal, Regional, Provincial Department, Ministry, Agency, or Authority: Sections 2, 3.1, 3.2. 3.5, 3.7, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, 3.24, 4.1, 4.1(b), 4.1(c), 5, 5.3. SECTION 17 - REPEALED BY-LAWS 17. By-law 3400-92 is hereby repealed. READ A FIRST AND SECOND TIME THIS 14"' DAY OF DECEMBER, 2004, READ A THIRD TIME AND FINALLY PASSED THIS 14'" DAY OF DECEMBER, 2004. T. JONES, MAYOR B. PANIZZA, TOWN CLERK -33- GENERAL COMMITTEE - SEPTEMBER 6, 2005 SCHEDULE"A" PERMIT FEES: Bylaw 4622-04.P Page 26 of 26 The scale of fees to be paid to the Town of Aurora for sign permits shall be as follows: (a) $5.00 per square metre of sign face area. (b) Basic Minimum Fee: $75.00 or the amount as calculated in (a), whichever is greater. (c) Renewal of a sign permit: $30.00 (d) Refunds: Permit fees are for the cost of the application, including review .for compliance to the By-law, processing and issuance and are non- refundable. (a) Letter of Credit for Development Signs: $500.00 (f) Application for Variance: $150.00 — non re -fundable -34- GENERAL COMMITTEE - SEPTEMBER 6, 2005