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BYLAW - Consolidated Sign By - law - 20160329 OFFICE CONSOLIDATION This is a consolidation of the Town’s by-law respecting signs within the Town of Aurora being By-law No. 5840-16 as amended by By-law Nos. 5953-17, 6058-18, and 6163-19. This is prepared for reference and information purposes only. The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. Official versions of all bylaws can be obtained from the Legislative Services Division by calling (905) 727- 3123. If there are any discrepancies between this consolidation and By-laws 5840- 16, 5953-17 and 6058-18, 6163-19the By-laws shall prevail. THE CORPORATION OF THE TOWN OF AURORA By-law Number 5840-16 BEING A BY-LAW respecting signs within the Town of Aurora. WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits The Corporation of the Town (the “Town”) to pass by-laws respecting signs, structures, culture, heritage, the health, safety and well-being of persons and Economic, social and environmental well-being of the municipality; AND WHEREAS it is deemed necessary to enact a by-law to regulate signs in Aurora to replace the current sign by-laws of the Town; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: TABLE OF CONTENTS SECTION 1 – DEFINITIONS .................................................................................................. 2 SECTION 2 - APPLICATION, INTENT & SCOPE .................................................................... 5 SECTION 3 - PROHIBITIONS & RESPONSIBILITIES .............................................................. 6 SECTION 4 – ADMINISTRATION .......................................................................................... 7 SECTION 5 – GENERAL PROVISIONS ................................................................................. 11 SECTION 6 – ADDITIONAL REQUIREMENTS AND RESTRICTIONS RELATED TO ZONE AND LAND-USE .......................................................................................................................... 18 SECTION 7 - ENFORCEMENT ............................................................................................. 24 SECTION 8 - INDEMNIFICATION ........................................................................................ 26 SECTION 9 - INTERPRETATION ......................................................................................... 27 SECTION 10 - SEVERABILITY ............................................................................................. 27 SECTION 11 - CONFLICT .................................................................................................... 27 SECTION 12 - SHORT TITLE ............................................................................................... 27 SECTION 13 - GENERAL ..................................................................................................... 27 SCHEDULE "A" .................................................................................................................... 28 SCHEDULE “B” ................................................................................................................... 29 SCHEDULE “C” ................................................................................................................... 29 SCHEDULE “D” ................................................................................................................... 31 By-law Number 5840-16 Page 2 of 24 SECTION 1 – DEFINITIONS The following terms shall have the following meanings: 1.1 “alter, altered or alteration” shall mean any change to a sign with the exception of: (a) a change in the message displayed by a sign; (b) the re-arrangement of numerals, letters or graphic applied directly to the face of a sign specifically designed and intended to be periodically rearranged; or (c) the repair and maintenance of a sign; 1.2 “awning sign” shall mean a sign in the form of a roof-like cover comprised of cloth, plastic or other non-rigid material mounted on a frame attached to the wall of a building but does not include a canopy sign or a freestanding canopy sign; 1.3 “banner sign” shall mean a sign constructed of a non-rigid material attached to a building or structure, but shall not include a flag, a feather banner sign, or an awning sign; 1.4 “Commercial Zone” shall mean a Commercial Zone as identified in the Zoning By- law; 1.5 “canopy sign” shall mean a sign affixed to a permanent rigid structure with or without supporting columns attached to and projecting from the exterior face of a building but does not include an awning sign or freestanding canopy sign; 1.6 “construction sign” shall mean a sign on a lot or a premises that identifies the contractor, builder or construction company and/or combination thereof involved in the ongoing construction, demolition or maintenance on that lot or premises; 1.7 “corner lot” shall mean 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; 1.8 “Council” shall mean the council of The Corporation of the Town of Aurora; 1.9 “daylight triangle” means an area determined by measuring, from the point of intersection of street lines on a corner lot, the distance of six (6.0) meters along each such street line and joining such points with a straight line to form a triangular-shaped area between the intersecting street lines and the straight line joining the points at the required distance along the street lines; 1.10 “development area” shall mean an area which is appropriately zoned for the advertised development or for which a valid application to permit such development is under consideration by the Town; 1.11 “non-residential development sign” shall mean a sign erected on any lands, buildings or structures within a development area which displays a message or information regarding a development in progress or a proposed development, but does not include a residential development sign; 1.12 “directional sign” shall mean a sign which provides direction to a place, regulates traffic or designates the location of a parking or loading area and bearing no commercial advertising; 1.13 “Director” shall mean the Director of Building and By-law Services of the Town or their authorized designate or successor; 1.14 “drive-through facility” shall mean a building or structure or part thereof where goods, food or services are offered to the public by way of a service window or By-law Number 5840-16 Page 3 of 24 kiosk while the patrons are in a parked or in a stationary vehicle, and where goods, money or materials are exchanged in a designated stacking lane; 1.15 “dynamic sign” shall mean a sign created, designed, manufactured or modified in such way that its display message can change from time to time manually, electronically or using other mechanism but does not include a mobile sign; 1.16 “Election Day” shall mean the day on which the final vote is to be taken in an election or referendum (added by By-law No. 6058-18) 1.17 “election sign” shall mean a sign that is entirely intended to advertise, promote, support or oppose: (a) a candidate registered in a municipal, provincial or federal political election; or (b) a question on a municipal, provincial or federal political election ballot or a question on a referendum directed by the municipal, provincial or federal government;” (added by By-law No. 6058-18) 1.18 “erect, erected or erection” shall mean the placement, installation or relocation of any sign or part thereof; 1.19 “feather banner sign” shall mean a sign constructed of non-rigid material attached to the ground and supported on a horizontal rigid curved pole but does not include a flag; 1.20 “free standing canopy sign” shall mean a sign affixed to a permanent rigid structure providing protection from the weather supported on columns and not enclosed on any of its sides; 1.21 “ground sign” shall mean a sign, erected in a fixed location and supported by one or more uprights, poles, braces, or on a structural base placed in or upon the ground, but does not include a third party sign; 1.22 “height” shall mean the vertical distance measured from the average grade immediately below the sign to the highest point of the sign or sign structure, whichever is greatest; 1.23 “inflatable sign” shall mean a sign whose structural integrity is maintained through air pressure; 1.24 “lot” shall mean a parcel or contiguous parcels of land under one ownership; 1.25 “menu board” shall mean a sign erected as part of a drive-thru facility and used to display and provide pricing for goods, food and/or services available at the premises; 1.26 “mobile sign” shall mean any sign mounted on a trailer or other supporting device which is designed to be transported from one site to another but shall not include a licensed vehicle; 1.27 “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25 as amended; 1.28 “mural sign” shall mean any type of display or artistic endeavour applied as paint, film or any other covering to any external wall or other integral part of a building or structure; 1.29 “Ontario Building Code” shall mean the Ontario Building Code established under the Building Code Act, 1992, S.O. 1992, c. 23, as amended or successor legislation thereof; By-law Number 5840-16 Page 4 of 24 1.30 “open house real estate sign” shall mean a sign intended to direct traffic to a residence for sale or lease but shall not include a residential development sign; 1.31 “owner” shall mean a person who owns or is in control of the lot, premises, building or other structure or part thereof, and includes a lessee or a mortgagee in possession thereof; 1.32 “permit” shall mean a permit issued under this by-law permitting the placement of a sign; 1.33 “person” shall mean an individual, association, firm, partnership, corporation, trust, incorporated company, corporation created under the Condominium Act, 1998, S.O. 1998, c 19, organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law; 1.34 “pole sign” shall mean a sign mounted on a pole, lamp standard, or hydro pole located on private or public property and does not include feather banner signs; 1.341 “portable sign” shall mean a free standing sign located, erected or displayed on, but not permanently anchored to, the ground and includes but is not limited to, signs commonly referred to as A-frame, T-frame or sandwich board, but shall not include a banner sign, an election sign, a feather banner sign, an inflatable sign or a mobile sign (added by By-law No. 6163-19) 1.35 “pre-menu board” shall mean a sign erected at the entry to a stacking lane of a drive-thru facility and used to display goods, food and/or services available at the premises; 1.36 “premises” shall mean the area of a building(s) or part thereof and/or land(s) or part thereof occupied by a user or proposed to be occupied by a user. In a multiple occupancy building, each single occupancy shall be considered a separate premises; 1.37 “projecting sign” shall mean a sign other than a wall sign which is affixed to a building, wall or structure and which projects approximately perpendicular from same for a distance greater than 500mm but does not include a canopy or awning sign. 1.38 “public authority” shall mean any governmental body, commission, committee, school board, public transit authority, department or agency, conservation authority or a local hydro utility; 1.39 “real estate sign” shall mean a sign advertising the sale, rental or lease of a lot or premises, but shall not include residential or non-residential development signs; 1.40 “Region” shall mean The Regional Municipality of York; 1.41 “residential development sign” shall mean a sign erected on any lands, buildings or structures which displays a message or information regarding a proposed or in progress residential development, but does not include a non-residential development sign; 1.42 “Residential Zone” shall mean a Residential Zone as identified in the Zoning By- law; 1.43 “roof sign” shall mean a sign erected entirely on or above the roof of a building; 1.44 “shopping centre” shall mean a group of commercial uses on a lot, which has been designed, developed and managed as a unit by a single owner, or a group of owners, with off-street parking provided on the property, as distinguished from a business area comprised of unrelated individual commercial uses; By-law Number 5840-16 Page 5 of 24 1.45 “sign” shall mean any advertising or notification device and any visual medium including its structure and other component parts, which is used or is capable of being used to attract attention to a specific subject matter, other than itself, for identification, information, or advertising purposes; 1.46 “sign area” shall mean: a. the area of the display surface including the border or the frame; or b. the aggregate area of the display surfaces lying within the extremities of and wholly enclosing the individual components of the sign, if the sign does not have a border or frame or is located on a canopy or awning; or c. where a sign has two display surfaces, with the thickness of the sign not greater than what is required to accommodate the structure and not used as a display surface, the area of one display surface; 1.47 “sign structure” shall mean the support, uprights, bracing and framework of the sign; 1.48 “special event” shall mean an event organized for a charitable, social, cultural, promotional, fundraising or recreational purpose; 1.49 “stacking lane” shall mean an on-site queuing lane designated for motor vehicles awaiting service from a drive-through facility; 1.50 “street” shall mean a public highway as defined in the Municipal Act and the Highway Traffic Act, R.S.O. 1990, c H.8, as amended, but shall exclude a lane or any private right of way, an unopened road allowance, and a street which has not been assumed by the Town; 1.51 “street line” shall mean the cumulative length of all the boundaries separating the lot from any street; 1.52 “third party sign” shall mean a sign erected and maintained to advertise, market or promote a business, product, service or activity not conducted or produced, sold, stored or assembled within the building or upon the lot or premises on which the sign is erected and does not include off-site residential development sign or a sign advertising a special event; 1.53 “through lot” shall mean a lot bounded on two (2) opposite sides by streets; 1.54 “Town” shall mean The Corporation of the Town of Aurora; 1.55 “unsafe sign” shall mean 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 health, safety or the well-being of any person or property; 1.56 “wall sign” shall mean a sign affixed to and structurally supported on the wall of a building which is parallel to and projects not more than 500 mm from the face of the building and a structure; 1.57 “zone” shall mean a designated area of land use shown on Schedule "A" of Zoning By-law; 1.58 “Zoning By-law” shall mean The Zoning By-law of the Town of Aurora, as amended or successor by-law thereof. SECTION 2 - APPLICATION, INTENT & SCOPE 2.1 The provisions of this by-law shall apply to all lands and property within the Town. 2.2 The requirements of this by-law shall not apply to the Town or any signs erected by a public authority, or under the direction of such a body, such as but not limited to memorial signs and plaques, traffic signs, rail road crossing signs, By-law Number 5840-16 Page 6 of 24 safety signs, signs identifying public schools or public buildings, signs erected or maintained by or on behalf of a public transit authority, public information signs and other signs of a similar nature. 2.3 The intent of this by-law is to regulate signs in relation to business needs, community appearance, safety and the impact on areas, properties or buildings identified for their historical significance. 2.4 This by-law shall be administered by the Director. SECTION 3 - PROHIBITIONS & RESPONSIBILITIES 3.0 No person shall erect, display, modify, maintain or restore, or cause to be erected, displayed, modified, maintained, or restored any sign that does not comply in all respects with the provisions of this by-law and, if a permit has been issued with respect to a sign, any applicable terms and conditions of the permit.” (added by By-law No. 6058-18) 3.1 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 complying with any requirements set out in this by-law nor from carrying out any work required pursuant to this by-law or requirements herein. 3.2 No person shall make an application for a sign permit who is not the owner of the property, or the owner’s authorized agent, to which the application applies. 3.3 No person shall knowingly submit false or misleading information or documents, or knowingly make omissions that may mislead in connection with any application for a sign permit. 3.4 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 an unsafe sign, or unsightly in the opinion of the Director. 3.5 Signs are not permitted on public lands, except for: (a) open house real estate signs in accordance with subsection 5.13 of this by-law, (b) election signs accordance with subsection 5.14 of this by-law; (c) third party signs authorized by Council; and (d) signs advertising special events in accordance with subsection 5.15 of this by-law; and (e) portable signs in accordance with subsection 5.16 of this by-law. (added by By-law No. 6163-19) 3.6 No person shall erect or maintain a sign upon a lot or premises unless it advertises or provides information with respect to a use that is permitted under the Zoning By-law for the lot or premises on which the sign is situated, except for: (a) open house real estate signs in accordance with subsection 5.13 of this by-law; (b) election signs accordance with subsection 5.14 of this by-law; (c) third party signs authorized by Council; (d) signs advertising special events in accordance with subsection 5.15 of this by-law; and (e) portable signs in accordance with subsection 5.16 of this by-law. (added by By-law No. 6163-19) By-law Number 5840-16 Page 7 of 24 SECTION 4 – ADMINISTRATION The Director is responsible for the administration of this by-law and is delegated the authority to receive applications and any fees established under this by-law. The Director is also authorized to issue, revoke, or refuse to issue permits, including imposing conditions thereto, in accordance with this by-law. 4.1 SIGN PERMIT REQUIRED: (a) Except as provided in subsection 4.2, no person shall erect or cause to be erected or alter or cause to be altered a sign prior to obtaining a permit from the Town. (b) A sign permit shall not be issued to erect or alter a sign unless an application for the sign has been submitted in accordance with subsection 4.3 and is in conformity with this by-law, the Ontario Building Code and all other applicable laws and laws regulating signage. 4.2 SIGNS NOT REQUIRING A PERMIT: The following signs may be erected or altered without a permit: (a) a single sign on a premises containing the name, address and profession of a resident or occupant which may incorporate hours of work, operation or availability up to 0.2 m² in sign area that does not include any commercial advertising; (b) a single identification and vacancy information sign on a premises for a duplex dwelling, triplex dwelling, double duplex dwelling or converted dwelling not exceeding 0.2m2 in sign area and shall not include any commercial advertising; (c) no Trespassing signs or other signs regulating the use of property provided such signs are no more than 0.2 m² in sign area; (d) directional signs not exceeding 0.5 m² in sign area in a Residential Zone and 1 m² in sign area in all other zones; (e) flags bearing the crest or insignia of any corporation, government, agency or religious, cultural, charitable or fraternal organization; (f) construction signs not exceeding 4.6 m² in sign area incidental to building construction, demolition or maintenance ongoing on the lot or premises on which the sign the located; (g) signs affixed to a wall entry feature displaying the name and address of a residential or other type of community approved by the Town; (h) public transit shelter advertising or any advertising on street furniture and fixtures approved by the Town or Region; (i) signs customarily displayed on gasoline pumps which are an integral part of the pump or pump island design; (j) signs affixed to the interior side of a window in zones other than Residential Zones covering not more than 25% of the window, window section or window pane; (k) signs on a temporary sales trailer or sales office which has been approved by the Town through a fully executed agreement and which signs are associated with the sale of new residential units, provided the maximum area of the signs does not exceed 15.0 m2 per elevation and 30.0 m2 for all elevations combined; By-law Number 5840-16 Page 8 of 24 (l) real estate signs and open house real estate signs; (m) election signs. 4.3 APPLICATION REQUIREMENTS FOR A SIGN PERMIT (Section amended by By- law No. 6163-19): Every application for a sign permit shall include: (a) a completed application form as prescribed by the Director; (b) a fully dimensioned site plan, drawn to scale showing all property lines of the lot on which the sign is to be erected or altered and the location of the all existing and proposed signs in relation to the lot lines, buildings and other structures; (c) plans and specifications drawn to scale showing sufficient detail to determine compliance with this by-law and the Ontario Building Code including location, size, height and graphics of all proposed and existing signs, construction materials and specifications respecting structural support and framework of the sign; plans and specifications are to be submitted in duplicate, unless otherwise stated; (d) approval from the Ministry of Transportation for a sign that is within 400 metres of any provincial highway right of way; (e) approval from conservation authorities having jurisdiction within the Town of Aurora for any ground sign within their regulated areas; (f) approval from the Region for any sign that is fully or partially encroaching onto the Region’s property; (g) full payment of the required fee and security deposit in accordance with Schedule “A” appended hereto; (h) notwithstanding paragraphs (b) and (c), an application for a mobile sign, a banner sign, a feather banner sign or a portable sign permit shall, in lieu of the items required under paragraphs (b) and (c) include: (i) written permission of the property management or the person in charge of the lot; (ii) proposed dates and/or times for placement and removal of signs; (iii) information with respect to number and locations of proposed sign(s); (iv) for mobile signs, proof of insurance satisfactory to the Director; and (v) for portable signs that are placed, or to be placed, on public lands: (A) proof of liability insurance naming the Town as an additional insured in an amount of at least $2,000,000 CAD, or an amount otherwise to the satisfaction of the Director; and (B) written commitment in a form satisfactory to the Director to indemnify the Town in case of any claim against the Town caused by, or related to, the portable sign. 4.4 REVISIONS TO APPLICATION OR PERMIT: By-law Number 5840-16 Page 9 of 24 (a) Revisions prior to issuance of a sign permit may be made without additional charge to the applicant. (b) Revisions made after the issuance of a sign permit, requires the applicant to apply and obtain a revised sign permit and pay the applicable fees in accordance with Schedule “A” of this by-law. 4.5 ABANDONED PERMIT APPLICATIONS: Where an application for a sign permit remains inactive or incomplete for six months after it is submitted, the Director may deem the application to have been abandoned and cancel the application. 4.6 REVOCATION OF PERMIT: A permit may be revoked by the Town under the following circumstances: (a) if it was issued on mistaken, false or incorrect information; (b) if the construction of the sign, in the opinion of the Director, has not substantially commenced within six (6) months after issuance of the permit or it has been substantially suspended or discontinued for a period of more than six (6) months; (c) if it was issued in error; or (d) if the owner requests in writing that it be revoked. 4.7 REVIEW OF PERMIT APPLICATION BY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT: (a) Signs requiring a permit which are proposed to be erected on a building or property that is: (i) a designated property pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, c. O.18; (ii) located within a heritage conservation district that has been so designated by pursuant to Part V of the Ontario Heritage Act; or (iii) located within the area delineated as the Aurora Promenade on Schedule “B” of this by-law; are subject to review and approval by the Town’s Planning and Development Services Department for conformity with any applicable heritage, signage and streetscape policies, studies and guidelines, of the Town or otherwise, prior to the issuance of the permit. (b) In addition to the requirements in subsection 4.3 of this by-law, all sign permit applications that are subject to review by the Town’s Planning and Development Services Department shall be accompanied by plans drawn to scale clearly showing; (i) the type, character, dimensions and design of the proposed sign including proposed colours, materials, lettering and fonts; (ii) the proposed means of illumination; and (iii) any other information prescribe or required by the Planning and Development Services Department of the Town. By-law Number 5840-16 Page 10 of 24 (c) Provisions in subsection 4.7 of this bylaw shall not apply to mobile signs, banner signs, feather banner signs and portable Signs. (amended by By- law No. 6163-19) 4.8 EFFECT OF SITE PLAN APPROVAL: Where a Site Plan Approval has been granted pursuant to section 41 of the Planning Act, R.S.O. 1990, c P.13, as amended, all signs that were included in the approved Site Plan shall be deemed to comply with the provisions of this by-law with respect to area, height, location, number and type of the sign, but such signs are not exempt from the requirement to obtain a permit, where such a permit is required pursuant to this by-law. 4.9 EXISTING SIGNS: Any sign that was lawfully erected prior to the effective date of this by-law but does not conform with one or more provisions of this by-law, may remain and continue to be used and maintained but shall not be relocated or changed in size or dimensions, unless such relocation or change would bring the sign into compliance with the provisions of this by-law and, where it is required by this by- law, a sign permit for such relocation or change has been issued. 4.10 SIGN VARIANCES: Where the proposed sign does not comply with one or more provisions of this by- law, the applicant may choose to submit an application requesting a variance from provision(s) of this by-law in accordance with the following provisions: (a) Application Requirements: An application for variance from the provision(s) of this by-law shall be made on the form prescribed by the Director and shall be accompanied by the fees and documents, as set out in Schedule “A”. (b) Delegated Authority to Director: The Council hereby delegates the authority to the Director to authorize sign variance requests that are within the scope limits outlined below: (i) Up to one additional sign on a premises over the limit prescribed elsewhere in this by-law, provided the additional sign meets all other provisions of this by-law and is a permitted sign type. OR (ii) A combination of the following for a sign permitted in the by-law: • Up to 20% increase in the maximum permitted sign area under this by-law, and • Up to 10% increase in the maximum permitted sign height under this by-law, and • Location of the sign, and • Projection of the signs beyond the wall of the unit, building or canopy fascia. For clarity, the Director is only authorized to permit variances to any sign within the scope of either paragraph (i) or (ii) and cannot authorize a variance to any sign under both categories. (c) Evaluation Criteria: In considering the application for a variance, the Director shall have regard for: 1. Physical difficulties: Where due to special circumstances, pre- existing conditions of the building, layout or topography of the By-law Number 5840-16 Page 11 of 24 subject land, it is difficult to comply with the provisions of this by- law. 2. Consistency with the architectural features of the building: Where the proposed sign blends well with the architectural features of the building and granting the sign variance will result in a more aesthetically pleasing visual appearance of the building for the community. 3. Consistency with the character of the neighbourhood: Where the sign variance, if granted, will not alter the essential character of the neighbourhood and will have no adverse impact on the Town's cultural heritage. 4. No adverse impact to the adjacent property or general public: Such adverse impact may include but is not limited to: illumination, obstruction of other signage, obstruction of natural light, distance to the adjacent buildings and properties, etc. 5. Adherence to Corporate Branding: Where not granting a sign variance results in a conflict in corporate branding requirements such as updated/new logos or trademarks. 6. Amount of deviation: Consideration shall be given to minimize the amount of deviation from this by-law where possible. 7. Impact on safety, traffic and accessibility: The proposed sign variance, if granted, will not increase fire or traffic hazard or otherwise endanger public safety or negatively impact accessibility. 8. Result in greater convenience to the public: Granting of the variance will result in greater convenience to the public in identifying the business location for which a sign variance is sought. (d) Appeal to Council: Where an application for a sign variance is denied by the Director, the applicant may choose to appeal to Council within 30 days of receiving the notice of decision by completing the appeal application form and paying the applicable fee, as set out in Schedule “A” of this by- law. (e) Authorization by Council: Sign variance applications that exceed the scope limits described in paragraph (b) shall only be authorized by Council. In such case, the Director shall prepare a report to Council outlining the evaluation results based on the criteria described in paragraph (c) and make a recommendation to Council. The Council may uphold or vary the recommendation or make any decision. (f) Decision is Final: The decision made by Council pursuant to paragraph (d) and (e) of this by-law shall be final, without any further right of appeal. SECTION 5 – GENERAL PROVISIONS The following provisions shall apply in all zones and to all land-use categories. 5.1 RESTRICTIONS ON TYPES OF SIGNS (Section amended by By-law No. 6163-19) : Except for any signs provided under subsection 4.2, only the following types of signs are allowed in the Town and subject to the applicable provisions contained in this by-law, including the requirement to obtain a permit: (a) wall signs, (b) awning signs, (c) canopy signs, By-law Number 5840-16 Page 12 of 24 (d) free standing canopy signs, (e) projecting signs, (f) ground signs, (g) non-residential development signs, (h) residential development signs, (i) third party signs subject to Council approval, (j) mural signs subject to Council approval, (k) mobile signs, (l) banner signs, (m) feather banner signs, (n) portable signs, (o) menu board, (p) pre-menu board. 5.2 ILLUMINATION: (a) Signs shall not be illuminated in such a way that either the sign or the method of illumination creates a hazard or a nuisance. (b) Notwithstanding any provisions contained elsewhere in this by-law, signs facing and within 20 metres of properties within Residential Zones shall not be illuminated. (c) Where a sign is permitted to be illuminated, the method of illumination shall comply with the provisions contained within section 6 of this by-law. 5.3 WALL SIGNS: The following regulations shall apply to wall signs: (a) No wall sign, or part thereof, shall extend beyond the extremity of the premises wall upon which it is placed. (b) Wall signs shall not be located so as to overhang a pedestrian walkway more than 55 mm, unless a minimum vertical clearance of 2.4 metres measured from the bottom of the overhanging portion of the sign to the surface of the walkway is provided. (c) No wall sign, or part thereof, shall project more than 500 mm from the wall upon which it is placed. (d) Wall signs shall only be located on the wall of the floor level having direct access to an exterior public way, except that where a premises occupies all floor levels of a multi-storey building the wall sign may be located above the floor level having direct access to an exterior public way. 5.4 GROUND SIGNS: The following regulations shall apply to all ground signs: (a) Ground signs shall not be located within a 7.5 metre radius of a traffic light. (b) Ground signs shall be setback from common lot boundaries with adjacent lots a minimum of 1.5 metres or the height of the sign, whichever is greater. (c) Ground signs erected in non-Residential Zones shall be setback from the boundaries of any adjacent Residential Zone a minimum of 9.0 metres. (d) A ground sign including any part of its structure shall be setback a minimum of 1.0 metre from any driveway, unless located on a traffic island separating the lanes of a two-way driveway. By-law Number 5840-16 Page 13 of 24 (e) The minimum distance between ground signs on any one lot shall not be less than 15.0 metres measured along the street line. (f) No ground sign shall exceed 5.0 metres in any one dimension of a sign face. (g) On a corner lot, ground signs shall not be erected within the daylight triangle. (h) Ground signs shall not obstruct, nor encroach upon a required parking space under the Town’s Zoning By-law. 5.5 DYNAMIC SIGNS: (a) Dynamic signs are permitted only as an integral part of a ground sign. (b) The dynamic portion of a ground sign shall be located in a secure enclosure or equipped with tamper-proof mechanism that prevents unauthorized persons from changing or modifying the display message. (c) Where display message changes use light emitting diodes (LEDs) or other illumination technology, a minimum distance of fifteen (15) metres shall be maintained between the sign and a traffic light. 5.6 AWNING SIGNS: (a) All portions of an awning sign shall be located a minimum of 2.4 metres above the finished grade or floor level immediately below such sign. (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. 5.7 CANOPY SIGNS: (a) All portions of a canopy sign shall be located a minimum of 2.4 metres above the finished grade or floor level immediately below such sign. (b) A canopy sign shall be designed as an integral part of the canopy fascia. (c) No canopy sign shall extend beyond the limits of the canopy fascia. 5.8 FREE STANDING CANOPY SIGNS: (a) All portions of a free standing canopy sign shall be located a minimum of 2.4 metres above the finished grade or floor level immediately below such sign. (b) Free standing canopy signs may extend not more than 0.6 metre above the limits of the canopy fascia. 5.9 PROJECTING SIGNS: (a) All portions of a projecting sign shall be located a minimum of 2.4 metres above the finished grade or floor level immediately below such sign. (b) No projecting sign shall have more than two sign faces. 5.10 DEVELOPMENT AND RESIDENTIAL DEVELOPMENT SIGNS: The following regulations shall apply to all development signs: By-law Number 5840-16 Page 14 of 24 (a) non-residential development signs and residential development signs shall face a public highway or road; (b) permits for non-residential development and residential development signs shall expire three (3) years from the date of permit issuance; (c) upon receipt of written request from the applicant and prior to expiration of the permit for a non-residential development or residential development sign, the expiry date may be extended at the sole discretion of the Director; (d) the security collected in accordance with Schedule "A" shall be refunded when the non-residential development or residential development sign for which the security has been collected has been removed to the satisfaction of the Director; (e) where a non-residential development sign or a residential development sign is not removed within fourteen (14) days of the expiry date of its permit, the security collected in accordance with Schedule "A" may be used towards all costs incurred by the Town for the administration and removal of the sign. 5.11 MOBILE SIGNS: No Person shall: (a) locate or permit the location of a mobile sign on any lot, unless the lot on which the mobile sign is located is zoned commercial, industrial or institutional, pursuant to the Zoning By-law, or the mobile sign is located on Town owned lands, for which an approval from Town is obtained; (b) locate or permit the location of a mobile sign on any lot without a current and valid licence to carry on the business of leasing and erecting mobile signs, pursuant to the Town’s Licensing By-law, as amended or successor legislation thereto; a business license is not required where the owner of a lot can demonstrate they are the owner of the mobile sign; (c) except as permitted in paragraph (d), locate or permit the location of more than one mobile sign on any lot at any one time; (d) for lots other than corner lots with a street line greater than 75 metres or for corner lots with a street line of more than 12.2 metres, locate or permit the location of more than two mobile signs on any lot at any one time; (e) locate or permit the location of a mobile sign for any premises for more than twelve (12) weeks in total in a calendar year; (f) locate or permit the location of a mobile sign that is illuminated or employs any flashing or sequential light, or a mechanical or electronic device to provide or simulate motion; (g) locate or permit the location of a mobile sign on a lot in a manner that interferes with pedestrian or vehicular traffic; (h) locate or permit the location of a mobile sign having a maximum height greater than 2.7 metres; (i) locate or permit the location of a mobile sign within the daylight triangle; or (j) locate or permit the location of a mobile sign within 1.0 metres of a driveway or a common lot line with adjacent lots. By-law Number 5840-16 Page 15 of 24 5.12 BANNER / FEATHER BANNER SIGNS: No Person shall: (a) locate or permit any banner signs or feather banner signs in any Residential Zone, except for commercial uses within the R5 Exception Zone, as identified and described in the Zoning By-law; (b) locate or permit the location of more than two banner signs, feather banner signs or any combination thereof per premise; (c) locate or permit the location of banner signs and/or feather banner signs in excess of eight (8) weeks per calendar year in total per premise; (d) locate or permit the location of a banner sign or feather banner sign on Town’s Property or a property other than where the business is being conducted; (e) locate or permit the location of a banner sign anywhere except on the facade or wall of the premises where the business is being conducted; (f) locate or permit the location of a banner sign or a feather banner sign larger than 3.4 m2 in sign area; (g) locate or permit a banner sign to be located lower than 2.4 metres from the grade of the premises; (h) locate a feather banner sign having a height of more than 2.4 metres; or (i) locate or permit the location of banner sign or a feather banner sign so as to impede pedestrian access and travel. 5.13 REAL ESTATE SIGNS: No Person shall: (a) locate or permit the location of a real estate sign advertising the sale, rental or lease of the lot or premises exceeding 1.0 m2 in sign area in any Residential Zone; (b) for any lot in a non-Residential Zone having a street line of 30.4 metres or less, locate or permit the location of a real estate sign exceeding 2.0 m2 advertising the sale, rental, or lease of the lot, or premises, on which the said sign is located; (c) for any lot in a non-Residential Zone having a street line of more than 30.4 metres, locate or permit the location of a real estate sign exceeding 3.0 m2 advertising the sale, rental, or lease of the lot, or premises, on which the said sign is located; (d) locate or permit the location of more than one real estate sign per lot; (e) locate or permit a real estate sign to extend beyond the property lines or within the daylight triangle; (f) locate or permit a real estate sign within 1.0 metres of a common lot line with adjacent lots; (g) locate or permit the location of a real estate sign on a lot for more than fourteen (14) days after the premises or lot has been advertised as sold, rented or leased; By-law Number 5840-16 Page 16 of 24 (h) erect, or permit to be erected, an open house real estate sign exceeding 0.5 m2 in sign area; or (i) locate or permit an open house real estate sign to be displayed except for the day(s) of the event. 5.14 ELECTION SIGNS (Section amended by By-law No. 6058-18): For the purposes of this subsection, an intersection shall mean the Town owned lands within fifty (50) metres of the point of intersection of the centre lines of the intersecting streets and shall exclude any roadways and areas used for vehicular traffic, any centre median, roundabouts, traffic circles and traffic islands. The following regulations shall apply to all election signs: (a) election signs shall not be erected prior to 10:00 am on the 28th day before Election Day; (b) election signs shall be removed within seventy-two (72) hours following the closing of polls on Election Day; (c) election signs shall not exceed 1.49 m² in sign area or have any dimension of the sign face exceeding 1.22 metres; (d) election signs shall identify the candidate, the registered third party or the person who erected or caused such a sign to be erected and provide valid contact information of such candidate, registered third party or person; (e) on any (1) private lot or premises, (i) no more than one (1) election sign per each candidate shall be erected at any one time, and (ii) no more than one (1) election sign shall be erected with respect to any question on a ballot or a referendum at any one time; (f) election signs are not allowed on Town owned lands except that: (i) each candidate is permitted to erect, or cause to be erected, (ii) in the case of a municipal election, each registered third party, registered pursuant to and acting in compliance with the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched., is permitted to erect, or cause to be erected, and (iii) in the case of provincial or federal political election, question on a ballot or a referendum, a person, who is not the candidate or under the direction of the candidate, acting in compliance with any applicable provincial and/or federal legislation is permitted to erect, or cause to be erected, at any one time, a maximum of two (2) elections signs on each intersection listed in the Schedule “C” of this by-law, with not more than one (1) election sign per each corner of an intersection; (g) election signs shall not obstruct pedestrian and vehicle sight lines; (h) no person shall erect or maintain election signs that are in contravention of the Canada Elections Act, S.C. 2000, c. 9, Election Act, R.S.O. 1990, c. E.6, the Municipal Elections Act, 1996, S.O. 1996, c. 32, Sched. or any other relevant legislation; By-law Number 5840-16 Page 17 of 24 any election sign found to be in violation of this by-law is subject to seizure by the Town and any such seized signs shall be stored up to thirty (30) days after the Election Day; a seized election sign may be retrieved from the Town, but the Town may destroy or otherwise dispose of any election sign that has not been retrieved within the aforementioned thirty (30) day period without notice or compensation to any person.” 5.15 SIGNS ADVERTISING A SPECIAL EVENT: Notwithstanding the provisions contained elsewhere in this by-law, the Director may authorize signs that advertise a special event and are in accordance with the following provisions: (a) signs advertising a special event shall not include commercial advertising except to identify sponsors of the event; and (b) signs that advertise a special event shall not be erected prior to two (2) weeks before the event and shall be removed four days after the last day of the event unless approved otherwise by the Director. 5.16 LANGUAGE ON SIGNS (Section added by By-law No. 5953-17) Where a sign contains text in any language other than English or French, such a sign shall also include the translation of the text in either English or French which is comparable in size to the original text. The provision of this section shall not apply to: (a) Trade-marks, trade-names or business names; and (b) Logos and symbols.” 5.17 PORTABLE SIGNS (Section added by By-law No. 6163-19) The following regulations shall apply to all portable signs: (a) on lands that are not public, portable signs shall only be located in: (i) Commercial zones, (ii) Institutional zones, (iii) Employment zones, (iv) Rural zones, and (v) non-residential use areas within the Promenade zones, as identified and described in the Zoning By-law; (b) on public lands, portable signs shall only be located within the area delineated as the Aurora Promenade Permitted Portable Sign Locations on Public Property on Schedule “D” of this by-law; (c) portable signs shall only be located on the premises of the business enterprise, venture, undertaking or cause that the portable sign is advertising or notifying about or on public lands that are directly adjacent to such premises; (d) a business enterprise, venture, undertaking or cause shall only be permitted to have one (1) Portable Sign permit at any one time; (e) permits for portable signs shall expire one (1) year from the date of By-law Number 5840-16 Page 18 of 24 permit issuance; (f) portable signs shall only be displayed to the public from 6:00 am to 11:00 pm and only during times when the business enterprise, venture, undertaking or cause that the portable sign is advertising or notifying about is operating and open to the public; (g) portable signs shall only be displayed to the public with a Town issued permit sticker affixed to the sign; (h) at all times when placed or located outdoors, portable signs shall be weighted down and securely affixed to grade so as to prevent unintentional movement; (i) no portable sign shall be internally or externally illuminated; (j) no portable sign shall exceed: (i) 1.0 metres in height inclusive of the base and frame, and (ii) 0.6 m2 in sign area; (k) no portable sign shall be located: (i) within 1.0 metre of a driveway, a rear lot line or a common lot line with adjacent lots, (ii) within 0.4 metres of the edge of a roadside curb, (iii) within a parking lot, any parking space or a planting bed, (iv) in a manner that impedes the flow of traffic on, in or out of a lot, (v) in a manner that obstructs or interferes with a pedestrian or vehicular entrance/exit of a building, (vi) in a manner that could obstruct or interfere with snow plowing or snow removal, or (vii) in a manner that provides less than 1.1 metre of unobstructed sidewalk passage space on any sidewalk or walkway;” SECTION 6 – ADDITIONAL REQUIREMENTS AND RESTRICTIONS RELATED TO ZONE AND LAND-USE The following provisions, requirements and restrictions shall apply to the signs addressed in this section in addition to any other requirements of this by-law. 6.1 RESIDENTIAL ZONES Signs requiring a permit are not allowed in any Residential Zones, unless: d. on a lot containing a residential apartment building and such sign is in compliance with the requirements provided in Table 6.1(a); or e. on a lot zoned as R5 Exception Zone, as identified and described in the Zoning By-law, where a building contains commercial uses and such sign is in compliance with the requirements provided in Table 6.1(b). Table 6.1(a) - Signs Permitted on Residential Apartment Building Lots/Premises Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method By-law Number 5840-16 Page 19 of 24 Wall, Awning or Canopy Signs One (1) per apartment building 9 m² N/A Internally or Externally Ground Signs One (1) per apartment building 2.4 m² 4.0 m Internally or Externally Table 6.1(b) - Signs Permitted on Commercial Use Lots/Premises in R5 Zones Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Wall, Awning or Canopy Signs One (1) per premises 0.25 m² per horizontal linear metre of the wall where the sign is located up to maximum sign area of 1.25 m² N/A Externally Projecting Signs One (1) per premises 0.75 m² N/A Externally Ground Signs One (1) per lot with minimum street line of 12.2 m 1.5 m² for single tenant building 2.0 m² for multi-tenant building 2.0 m for single tenant building 2.4 m for multi- tenant building Externally 6.2 COMMERCIAL ZONES Except for signs to which subsection 6.3 or 6.4 applies, sign types listed below in Table 6.2 that are erected or maintained in Commercial Zones shall comply with the requirements provided in Table 6.2. Table 6.2 – Additional Requirements for Signs in Commercial Zones Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Wall, Awning or Canopy Signs N/A 35 m², provided that the total aggregate area of all signs in any one direction does not exceed 0.75 m² per horizontal linear metre of the premise wall on that direction N/A Internally or Externally Projecting Signs One (1) per premises 2.0 m² N/A Externally By-law Number 5840-16 Page 20 of 24 Table 6.2 – Additional Requirements for Signs in Commercial Zones Ground Signs One (1) per lot for lots with street line of 12.2 m up to 75 m; Two (2) per lot for lots with street line greater than 75 m; and One (1) additional ground sign for corner lots with minimum street line of 12.2 m No ground signs are permitted in C1 or C2 Zones 10 m² 7.5 m Internally or Externally 6.3 SIGNS IN SHOPPING CENTRES: Sign types listed below in Table 6.3 that are erected in shopping centres shall comply with the requirements provided in Table 6.3, except for signs located: (a) on a shopping centre located in a Local Commercial C1 Zone or a Central Commercial C2 Zone, as designated in the Zoning By-law, or (b) or on a shopping centre with a lot area less than 1.0 hectare, which shall comply with subsection 6.2. Table 6.3 – Additional Requirements for Signs in Shopping Centres Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Wall, Awning or Canopy Signs N/A 35 m², provided that the total aggregate area of all signs in any one direction does not exceed 0.75 m² per horizontal linear metre of the premises’ wall on that direction N/A Internally or Externally Ground Signs One (1) per lot for lots with street line of 12.2 m up to 100 m, Two (2) per lot for lots with street line greater than 100 m; and One (1) additional ground sign for corner lots with minimum street line of 12.2 m 10 m² for a lot area of 1.0 ha to 4.0 ha 18 m² for a lot area greater than 4.0 ha 9.0 m Internally or Externally 6.4 SIGNS ON GASOLINE STATIONS Sign types listed below in Table 6.4 that are erected or maintained on gasoline stations (including car washes), shall comply with the requirements provided in Table 6.4. However, provisions of this subsection shall not apply to signs customarily displayed on gasoline pumps which are an integral part of the pump or pump island design. By-law Number 5840-16 Page 21 of 24 Table 6.4 – Additional Requirements for Signs on Gasoline Stations Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Wall, Awning or Canopy Signs N/A 35 m², provided that the total aggregate area of all signs in any one direction does not exceed 0.75 m² per horizontal linear metre of the premises wall on that direction N/A Internally or Externally Free Standing Canopy Signs one (1) per gasoline station 50% of the canopy facia; provided that the total aggregate area of all signs in any one direction does not exceed 0.75 m² per horizontal linear metre of the canopy facia on that direction N/A Internally or Externally Ground Signs One (1) per lot for lots with minimum street line of 12.2 m; and One (1) additional ground sign for corner lots 10 m² plus an additional 2.5 m² for posting price of the gas and/or other associated accessories 7.5 m Internally or Externally 6.5 ADDITIONAL SIGNS FOR DRIVE-THROUGH FACILITIES: Sign types listed below in Table 6.5 that are located on premises with drive-through facilities shall be permitted at such premises provided that they comply with the requirements provided in Table 6.5. Table 6.5 – Additional Signs for Drive-Through Facilities Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Pre-menu board One (1) per each stacking lane 2.0 m² 2.5 m Internally or Externally Menu board One (1) per each stacking lane 4.0 m² 2.5 m Internally or Externally 6.6 INDUSTRIAL ZONES: Sign types listed below in Table 6.6 located in Industrial Zones, as identified and described in the Zoning By-law, shall comply with the provisions contained within Table 6.6. Table 6.6 – Additional Requirements for Signs in Industrial Zones Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method By-law Number 5840-16 Page 22 of 24 Table 6.6 – Additional Requirements for Signs in Industrial Zones Wall, Awning or Canopy Signs N/A 20 m², provided that the total aggregate area of all signs in any one direction does not exceed 0.75 m² per horizontal linear metre of the premises wall on that direction N/A Internally or Externally Projecting Signs One (1) per premises 0.5 m² N/A None Ground Signs One (1) per lot for lots with street line of 12.2 m up to 75 m; Two (2) per lot for lots with street line greater than 75 m; and One (1) additional ground sign for corner lots with minimum street line of 300 m 0.3 m² per linear metre of the street line to a maximum of 10 m² 7.5 m Internally or Externally 6.7 SIGNS IN A BUSINESS PARK ZONE: (a) Signs for commercial uses located in a Business Park Zone, as identified and described in the Zoning By-law, shall comply with the provisions of subsection 6.2 “Commercial Zones” as if the sign was located in a Commercial Zone. (b) Signs for industrial uses located in a Business Park Zone, as identified and described in the Zoning By-law, shall comply with the provision of the subsection 6.6 “Industrial Zones” as if the sign was located in an Industrial Zone. 6.8 INSTITUTIONAL ZONES: Sign types listed below in Table 6.8 located in Institutional Zones, as identified and described in the Zoning By-law, shall comply with the provisions contained within Table 6.8. Table 6.8 – Additional Requirements for Sings in Institutional Zones Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Wall, Awning or Canopy Signs N/A 35 m², provided that the total aggregate area of all signs in any one direction does not exceed 0.75 m² per horizontal linear metre of the premises’ wall on that direction N/A Internally or Externally Projecting Signs One (1) per premise 0.5 m² N/A None By-law Number 5840-16 Page 23 of 24 Ground Signs One (1) per lot 4.0 m² 4.0 m Internally or Externally 6.9 OPEN SPACE, RURAL OR ENVIRONMENTAL PROTECTION ZONES: Sign types listed below in Table 6.9 located in Rural, Open Space or Environmental Protection Zones, as identified and described in the Zoning By-law, shall comply with the provisions contained within Table 6.9. Table 6.9 - Additional Requirements in Rural, Open Space or Environmental Protection Zones Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Ground Signs One (1) per lot 2.2 m² 4.0 m Internally or Externally Additional Ground Signs for Rural Zones Two (2) per lot, each advertising the sale of edible farm produce grown on the premises 1.0 m² 4.0 m Internally or Externally 6.10 NON-RESIDENTIAL DEVELOPMENT SIGNS: (a) Non-residential development signs shall be located within the advertised development. (b) Non-residential development signs shall be in the form of a wall sign or a ground sign. (c) Non-residential development signs are only allowed to be illuminated externally. (d) The maximum number, area and height of non-residential development signs shall be in accordance with the requirements of the applicable use category of the development on which the sign is to be erected, as specified elsewhere in section 6 of this by-law. 6.11 RESIDENTIAL DEVELOPMENT SIGNS: Residential development signs shall comply with the provisions contained within Table 6.11. Table 6.11 – Residential Development Signs Sign Type Maximum Number Maximum Area Maximum Height Permitted Illumination Method Residential Development Signs located on the site on which development is being conducted Two (2) ground or wall signs per builder Total combined sign area per builder shall not exceed 20 m² 7.5 m Externally Residential Development Signs not located on the site on which development is being conducted Two (2) ground signs in total 20 m² for each sign 7.5m Externally By-law Number 5840-16 Page 24 of 24 SECTION 7 - ENFORCEMENT The Director and Municipal Law Enforcement Officers of the Town are hereby delegated the authority to enforce this by-law, including the authority to conduct inspections of sign(s) pursuant to this by-law, the Municipal Act, as amended, and any other enacted applicable by-law or legislation. 7.1 POWER OF ENTRY AND INSPECTION: (a) The Town may at any reasonable time enter upon any land for the purpose of carrying out an inspection to determine whether the following are being complied with: (i) this by-law; (ii) any direction or order under this by-law; (iii) any condition on a permit issued under this by-law; or (iv) an order issued under section 431 of the Municipal Act. (b) Submission of an application is deemed consent of the owner for the Town to enter onto the lands and premises that are subject to an application for a permit at any reasonable time for the purpose of carrying out an inspection under paragraph (a). (c) Where an inspection is conducted pursuant to this section, the Town may: (i) require the production for inspection of documents or things relevant to the inspection; (ii) inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts; (iii) require information from any person concerning a matter related to the inspection; and (iv) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection. (d) No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its employees, officers or agents from carrying out any powers or duties under this by-law. (e) No person shall decline or neglect to give, produce or deliver any access, information, document or other thing that is requested by the Town pursuant to this by-law. 7.2 SEIZURE: When the Town finds a banner sign, mobile sign, sandwich board sign, real estate sign or any other sign that is not permanently affixed and that is in violation of this by-law, the Town may seize any such sign that is violation of this by-law, with or without notice, and store, dispose or destroy any such seized sign at the discretion of the Director. 7.3 ORDER: (a) Where the Director or any Municipal Law Enforcement Officer is satisfied that a contravention of this by-law or a permit has occurred, such Director or Municipal Law Enforcement Officer may make an order requiring that the person who caused or permitted such contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity and/or to do work to correct the contravention. (b) An order pursuant to paragraph (a) shall set out the following: (i) the municipal address and/or the legal description of the land or By-law Number 5840-16 Page 25 of 24 premises on which the contravention occurred; (ii) reasonable particulars of the contravention; (iii) what is required of the person subject to the order (i.e., what activity is to be seized and/or actions or work to be done); (iv) the date by which there must be compliance with the order and/or, if any work is ordered, the date by which any such work must be done; (v) if any work is required to be done, a statement that if such work is not done in compliance with the order and within a specified time period, the Town will have the work done at the expense of the person directed or required to do it; and (vi) information regarding the Town's contact person. (c) An order pursuant to this section shall be deemed to have been received upon: (i) personal service of the order to the person being served; (ii) the day after posting a copy of the order on the land on which the sign is located; or (iii) the fifth (5th) day after the order is sent by registered mail to the last known address of the owner of the land on which the sign is located or the last known address of any other person in contravention of this by-law. 7.4 REMEDIAL ACTION AND COST RECOVERY: (a) Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any person within a specified time period, in default of it being done by the person directed or required to do it, the action may be taken under the direction of Director or a Municipal Law Enforcement Officer at that person’s expense and the Town may recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes. (b) For the purposes of taking remedial action under paragraph (a), the Town, its staff and/or its agents may enter, at any reasonable time, upon any lands on which a default to carry out a required thing or matter occurred. (c) Where a security deposit has been posted for a sign permit, in accordance with Schedule "A", said security may be drawn upon or forfeited upon contravention of the time frame for which a permit was issued, notwithstanding 5.10 (d) herein, and said sign shall be considered to be unlawful. 7.5 OFFENCE: (a) Any person who contravenes any provisions of this by-law or an Order issued pursuant to this by-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c P.33, as amended or successor legislation thereto. (b) Pursuant to subsection 429(2) of the Municipal Act, all contraventions of this by-law or orders issued under this by-law are designated as multiple offences and continuing offences. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law. 7.6 CONTRAVENTIONS - FINES: By-law Number 5840-16 Page 26 of 24 On conviction of an offence under this by-law, a person is liable to a fine in accordance with section 429 of the Municipal Act and the following rules made pursuant to section 429 of the Municipal Act: (a) 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 Offences Act; (b) the minimum fine for any offence under this by-law is Three Hundred Fifty Dollars ($350.00); (c) in the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be Three Hundred Fifty Dollars ($350.00), and the maximum fine shall be Ten Thousand Dollars ($10,000.00). The total of all of the daily fines for the offence may exceed One Hundred Thousand Dollars ($100,000.00); and (d) in the case of multiple offences, for each offence included in the multiple offence, the minimum fine shall be Three Hundred Fifty Dollars ($350.00) and the maximum fine shall be Ten Thousand Dollars ($10,000.00). The total of all fines for each included offence may exceed One Hundred Thousand Dollars ($100,000.00). 7.7 SPECIAL FINES - NO MAXIMUM: In addition to fines under this section, a person convicted of an offence under this by-law may be liable to a special fine in the amount of the economic advantage or gain that such a person obtained from the contravention of this by-law. 7.8 CONVICTION OF AN OFFENCE - ADDITIONAL REMEDY: Where a person is convicted of an offence under this by-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 7.9 PRESUMPTION - OWNER: (a) Where a sign is erected or displayed in contravention of any provision of this by-law, any person named on the sign shall be presumed to have been the person who erected or displayed the sign, which presumption may be rebutted by evidence to the contrary. (b) Where a sign is erected or displayed in contravention of any provision of this by-law, and the sign has no person’s name on it, but a telephone number appears on the sign, any person to whom the telephone number is listed in a telephone directory, including any internet directory, shall be presumed to have been the person who erected or displayed the sign, which presumption may be rebutted by evidence to the contrary. (c) Where a sign is erected or displayed by a corporation in contravention of any provision of this by-law, the directors and officers of the corporation shall be presumed to have knowingly concurred in the erection or display of the sign in contravention of this by-law, which presumption may be rebutted by evidence to the contrary. (d) Where an authorized officer has reasonable grounds to believe that an offence has been committed by any person, the authorized officer may require the name, address and proof of identity of that person, and the person shall supply the required information. SECTION 8 - INDEMNIFICATION 8.1 Any person who posts or is responsible for a sign, regardless of whether the sign By-law Number 5840-16 Page 27 of 24 is compliant with the provision of this by-law, shall be deemed to undertake to, and shall, save harmless and indemnify the Town, its officers, employees, servants or agents from any claims associated with any injury, loss or damage to any person or property, as a result of any such sign. SECTION 9 - INTERPRETATION 9.1 In this by-law, unless the context otherwise requires, words importing the singular number shall include the plural and words importing the masculine gender shall include the feminine. 9.2 Any terms within this by-law that are not defined, the meaning of which may be clarified by reference to the Town’s Zoning By-law, as amended, shall be interpreted by reference to the Zoning By-law. SECTION 10 - SEVERABILITY 10.1 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid or to be of no force and effect, it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable, and such a decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this by-law. SECTION 11 - CONFLICT 11.1 Where there is a conflict of the provisions between this by-law and any other by- law of the Town with respect to signs, the provisions of this by-law shall prevail. SECTION 12 - SHORT TITLE 12.1 This by-law shall be known and may be cited as the "Sign By-law". SECTION 13 - GENERAL 13.1 Section headings in this by-law are not to be considered part of this by-law and are included solely for the convenience of reference and are not intended to be full or accurate descriptions of the sections of this by-law to which they relate. 13.2 By-laws Numbered 4897-07.P and 4898-07.P, as amended, be and are hereby repealed. 13.3 This by-law shall come into full force and effect on the date of final passage hereof. SCHEDULE "A" to BY-LAW NUMBER 5840-16 FEES AND SECURITIES: The scale of fees and securities to be paid to the Town of Aurora for sign permits shall be as follows: (a) application fee for sign permit (unless specified below): $150.00 per application plus $10 per square metre of total aggregate areas of all proposed signs; (b) application fee for mobile signs, banner signs, feather banner signs, portable signs and signs advertising a special event: $100.00 per application; (amended by By-law No. 6163-19) (c) application for Billboard or Mural Signs: $300.00 per application; (d) application fee for revision to or renewal of a sign permit: $150.00 per application; (e) security deposit for Residential and Non-residential Development Signs and Mobile Signs (refundable upon removal of the sign): $500.00 per sign; (f) application fee for sign variance requests within the scope limits described in 4.10 (b): $300.00; (g) application fee for appeal to Council pursuant to 4.10(d): $300.00; (h) application fee for sign variance requests that exceed the scope limits described in 4.10(e): $600.00; (i) sign retrieval fee: $20.00 per sign. CANCELLATION AND REFUND: Applicants who wish to cancel their application shall notify the Town in writing. Refunds may be available for cancelled applications upon written request from the applicant within 30 days of the cancellation date and subject to the following conditions: (a) no refund will be provided where Town commenced review of the application; (b) no refund will be provided for application fee of less than $150; (c) where refund is available, it will be calculated based on the application fee, less $150 administration fee. SCHEDULE “B” to BY-LAW NUMBER 5840-16 Town of Aurora Aurora Promenade (area contained within the outlined enclosure) SCHEDULE “C” to BY-LAW NUMBER 5840-16 List of Town intersections on which Election Signs are permitted in accordance with subsection 5.14 of this by-law: 1) Earl Stewart Drive & Pedersen Drive 2) Earl Stewart Drive & Isaacson Cres 3) Earl Stewart Drive & McMaster Ave 4) Edward Street & Engelhard Drive 5) Edward Street & Vata Court 6) Edward Street & Allaura Blvd 7) Edward Street & Dunning Ave 8) First Commerce Drive & State Farm Way 9) Goulding Ave & Don Hillock Drive 10) Goulding Ave & Eric T Smith Way 11) Industrial Pkwy North & Centre Street 12) Industrial Pkwy North & Scanlon Court 13) Industrial Pkwy South & Vandorf Sideroad 14) Industrial Pkwy South & Mary Street 15) Industrial Pkwy South & Engelhard Drive 16) Industry Street & Mary Street 17) Industry Street & Industrial Pkwy South 18) John West Way & Hollandview Trail 19) Murray Drive & Kennedy Street West 20) Vandorf Sideroad & Jarvis Ave 21) Vandorf Sideroad & Beacon Hall Drive 22) Vandorf Sideroad & Engelhard Drive 23) Yonge Street & Murray Drive/Edward Street 24) Yonge Street & Brookland Ave 25) Yonge Street & Royal Road 26) Yonge Street & Cousins Drive 27) Yonge Street & Ransom Street 28) Yonge Street & Church Street 29) Yonge Street & Tyler Street 30) Yonge Street & Mosley Street 31) Yonge Street & Dunning Ave/Golf Links Drive 32) Yonge Street & Henderson Drive/Allaura Blvd 33) Yonge Street & Orchard heights Blvd/Batson Drive 34) Yonge Street & Valhalla Court 35) Yonge Street & Irwin Ave 36) Yonge Street & Aurora Heights Drive / Mark Street 37) Yonge Street & Catherine Ave (Except South-East Corner) SCHEDULE “D” to BY-LAW NUMBER 5840-16 (as added by By-law Number 6163-19) Town of Aurora Aurora Promenade Permitted Portable Sign Locations on Public Property