2017 (Draft) Town of Gravenhurst Sign Bylaw

THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW NO. 2017_______________________________ Being a By-law to Adopt a Sign by-law for the Town of Gravenhurst WHEREAS the Council of the Town of Gravenhurst has deemed it necessary to develop a Sign By-law; AND WHEREAS Section 11 of the Municipal Act, 2001, c. 25 as amended establishes a sphere of jurisdiction for municipalities; AND WHEREAS the Municipal Act, 2001 c. 25 as amended provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable municipalities to govern their affairs as they consider appropriate and enhance their ability to respond to municipal issues; AND WHEREAS Section 11 of the Municipal Act, 2001 c. 25 as amended authorizes municipalities to pass by-laws for the purpose of regulating signs; AND WHEREAS Section 99 (1) of the Municipal Act, 2001 c. 25 as amended sets out rules that apply to a by-law of the municipality respecting advertising devices including signs; AND WHEREAS Section 99(2) and (3) of the Municipal Act, 2001 c 25 as amended states that all costs and charges incurred by a municipality for the removal, care and storage of an advertising device that is erected or displayed in contravention of a by-law of the municipality are a lien on the advertising device that may be enforced by the municipality under the Repair and Storage Liens Act, 1990, and that all costs and charges incurred for disposing an advertising device may be recovered by the municipality as a debt owed by the owner of the device; AND WHEREAS Section 425 of the Municipal Act, 2001, c 25 as amended states a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence; AND WHEREAS Section 426 (1) of the Municipal Act, 2001, c 25 as amended states that no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a by-law passed under this Act; AND WHEREAS Section 429 (1) of the Municipal Act, 2001, c 25 as amended states a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act, unless, under Section 429(4), if the provisions of any other Act, other than the Provincial Offences Act, provide for the fines for a contravention of a by-law of a municipality, the municipality cannot establish a system of fines under this section with respect to the by-law;

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AND WHEREAS Section 446 of the Municipal Act, 2001, c 25 as amended states that if a municipality has the authority under this or any other Act, or under a by-law under this or any other Act, to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense. For the purposes of subsection (1), the municipality may enter upon land at any reasonable time. The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

AND WHEREAS the Municipal Council of the Corporation of the Town of Gravenhurst deems it expedient to regulate advertising devices, including signs, in the Town of Gravenhurst; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF GRAVENHURST HEREBY ENACTS AS FOLLOWS: 1. This by-law shall be known as “The Sign By-Law”.

2. Purpose: The purpose of this By-law is to regulate signs in the Town by permitting signs that: • Are appropriate in size, number and location; • Provide reasonable and appropriate means for the public to locate and identify facilities, business, services and events without difficulty or confusion; • Protect and enhance the aesthetic qualities and visual character of the Town and Muskoka; • Are consistent with the Town’s historical values and objectives; • Do not create a distraction, or safety hazard, for pedestrians and motorists; • Minimize adverse impacts on nearby properties; • Permit proper advertising of professional offices and businesses within the Town; and • Balance the public’s right to expression with the purpose and intent of this By-law.

3. DEFINITIONS 3.1 ALTER means, when used in reference to a sign structure, to change one or more external dimension and/or construction material, but shall not include the replacement of the face, painting, cleaning or other normal maintenance and repair of a sign, not involving structural changes; 3.2 ANIMATED SIGN means a video screen or any kinetic or illusionary motion, a backlit sign, and an electric message sign of all or any part of a sign;

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3.3 BANNER means a sign composed of lightweight, flexible material such as cloth, plastic, canvas or other similar material, and which is mounted at each end so as to allow movement by atmospheric conditions; 3.4 BILLBOARD means a sign to which copy is fastened in such a manner as to permit its periodic replacement, and which advertises goods, products, services or facilities that are not available at the location of the sign, and/or which directs a person to a location different from that where the sign is located; 3.5 BUILDING MOUNTED SIGN means any sign attached to and supported by a wall of a building, or attached to and supported by the face of a parapet of a building, or which is painted on such wall and includes a sign painted or mounted on a canopy or awning.

3.6 BUILDING INSPECTOR means the person appointed by Council as a Building Inspector of the Town, as defined in the Ontario Building Code Act, 1996; 3.7 BY-LAW ENFORCEMENT OFFICER means the person appointed by Council as a By-law Enforcement Officer of the Town; 3.8 CANOPY means any structure which projects from the exterior face of a building wall and which may afford protection or shelter from the elements, also referred to as an awning, but shall not include a deck, porch or cantilevered building; 3.9 CHIEF BUILDING OFFICIAL means the Chief Building Official as appointed under the Building Code Act, 1996 or his/her designate; 3.10 COMMERCIAL SIGN means a sign used to identify or name the business on the property in which the business is housed or located and is used solely to identify or name the business on the same property; 3.11 CONTRACTOR’S IDENTIFICATION SIGN means a sign identifying the contractor involved in the renovation, construction or demolition of a building or structure; 3.12 COTTAGE ASSOCIATION SIGN means a sign grouping, identifying the name of the occupants of four (4) or more properties; 3.13 DARK SKY COMPLIANT means signs that comply with the Town’s Dark Sky By-law; 3.14 DIRECTORY BOARD means a sign devoted exclusively to the listing of all occupants or tenants of a building or property; 3.15 DISREPAIR means that the sign does not function for its intended purpose in that it is dilapidated, broken or has missing components; Page 3 of 27

3.16 DISTRICT means the District Municipality of Muskoka; 3.17 ELECTION SIGN means any notice device which is used by or on behalf of a political party or candidate for any Federal, Provincial or Municipal election; 3.18 ERECT means the placing or the installation of, arranging for the placing of or installation of, the renting of, or the leasing of a sign; 3.19 GRADE means the average elevation of the finished surface of the ground adjacent to the sign, but shall not include any artificial embankment or planter box; 3.20 GROUND SIGN means a sign supported by a base that is in contact with the ground for its entire width; 3.21 HEIGHT means the vertical distance measured from the grade to the highest point of the sign, and includes any support structure; 3.22 HOME INDUSTRY means a small scale light industrial use, such as a carpentry shop, metal working shop, a welding shop, an electrical shop, small engine repair or similar use, that provides services or wares to the community and which is an accessory use to a single detached dwelling. For the purposes of this By-law, the repairing of motor vehicles, mobile homes and trailers is not a home industry; 3.23 HOME OCCUPATION means a gainful occupation conducted in a dwelling which is secondary to the use of the dwelling as a private residence and the nature and scope of which is compatible with the residential character of the dwelling; 3.24 ILLUMINATED means lighting of a sign by artificial means and illuminate and illumination shall have a corresponding meaning; 3.25 INCIDENTAL SIGN means a sign of minor consequence and size. Without limiting the foregoing, incidental signs shall normally include: any sign which is part of equipment or display; signs affixed to or painted on boarding around a construction site; a banner sign advertising a special event erected on fencing adjacent to a street by a charitable organization and having permission of the property owner on which the fence is situated; flags; park bench; mailbox; newspaper box; bus shelter signs; corner stone; holiday decorations; metal plagues; and community gateway signs; 3.26 LEGAL NON-CONFORMING means a permanent sign that is lawfully erected or displayed on or before the day this By-law comes into force, but does not comply with this by-law, shall be allowed to remain so long as it is not in any way substantially altered, replaced or relocated without prior review with the Town regarding the sign's non-compliance. Alteration shall not include the maintenance and repair of the sign or a change in the message displayed on it.

This does not include illegal signs posted on trees and utility poles.

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3.27 MAXIMUM SIGN AREA means the total area of all signs on a property that require a permit; 3.38 MENU BOARD SIGN means a ground sign or wall sign devoted exclusively to signs commonly known as price menu boards, which display, in conjunction with a drive-through service, the pricing of a service or product provided or sold upon the premises on which it is situated; 3.29 MOVEABLE SIGN means any sign which is specifically designed or intended to be readily moved from one location to another and which does not rely on a building or fixed foundation for its structural support, and includes signs commonly known as A-Frame, Mobile sign, a Sandwich board sign and an Inflatable device tethered to any building, structure, vehicle or other device; 3.30 MUNICIPAL ROAD ALLOWANCE means lands owned by the Town of Gravenhurst for road purposes; 3.31 MURAL means an on-premise or off-premise painting, illustration or decoration that is an expression of public art, applied directly on the exterior wall of a building or on a backing that is affixed to the exterior of the building, with the expressed consent of the property owner, and is not a sign as defined by this By-law because such public art does not provide direction, identification, advertisement, business promotion or the promotion of a person, product, activity, service, event or idea; 3.32 PERSONAL SIGN means a sign or advertising device, which is located on a property used for residential use and which is used for a personal announcement or congratulatory message; 3.33 POSTER SIGN means a large printed bill or placard without a hard backing posted for advertising; 3.34 PRIVATE ROAD SIGNS means a sign designating an access road or joint use driveway that is owned by a private individual or group and is not a public road allowance; 3.35 PYLON SIGN means a free-standing vertical sign supported by permanent column(s) on a foundation in the ground and which is not attached to any building or structure and which may be internally illuminated and used for the express purpose of identifying a business or plaza; 3.36 REAL ESTATE SIGN means a sign which advertises real property for sale, lease or development; 3.37 ROOF SIGN means any sign which is located on or above any roof of a building or located on the top of, or above the parapet of a building. A roof sign shall not include any sign erected on the wall of a penthouse or other like structure which projects above the roof of a building; Page 5 of 27

3.38 SIGN means any visual medium, on-premise or off-premise, used to convey information by way of words, pictures, images, graphics, emblems or symbols or any device used for the purpose of providing direction, identification, advertisement, business promotion or the promotion of a person, product, activity, service, event or idea, and signage and advertising devices have a corresponding meaning; 3.39 SIGN PERMIT means a permit issued by the Chief Building Official pursuant to the provisions of this By-law; 3.40 SIGN STRUCTURE means the supports, uprights, bracing and/or framework of a sign; 3.41 SIGHT TRIANGLE means a triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 15.0 metres from their point of intersection where provincial highways or District of Muskoka roads are involved. In the case where two minor streets intersect, the maximum distance of the sides of the Corner Visibility Triangle shall be 3.0 metres. For the purposes of this section, a “minor� street shall be determined by the Infrastructure department; 3.42 SUBSTANTIALLY ALTERED means to change the location, sign structure, or any one (1) or more of the external dimensions of a sign, or to become obsolete, or to change the business name on an obsolete sign, and for the purpose of clarity, shall not include on a lawfully erected sign: (a) A change in the message to advertise goods or services; (b) The re-arrangement of numerals, letters or copy applied directly to the sign face specifically designed and intended to be periodically re-arranged; (c) Maintenance and repair; 3.43 WALL SIGN means any sign attached to and supported by a wall of a building, or attached to and supported by the face of a parapet of a building, and includes a sign painted or mounted on a canopy or awing. Wall signs also include those signs located on a gas pump island apron which is located under a gas island canopy of a motor vehicle dispensing use.

4. PERMITS AND APPLICATIONS 4.1 Pursuant to Section 99 of the Municipal Act, 2001 this By-law applies to the regulation of advertising devices, including signs, erected, located or displayed within the Town of Gravenhurst.

4.2 A sign permit is to be issued by the Chief Building Official of the Town to erect, locate, display or substantially alter a sign, with the exception of the permitexempt signs listed in section 7 of this by-law.

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4.3 Signs that are designated structures, as per Div. ‘A’ Section 1.3.1.1. (1)(e), of the Ontario Building Code require that a building permit be obtained prior to erection of the sign, and the sign must comply with this By-law 4.4 The application for a permit shall be submitted to the Chief Building Official, and shall include: (a) A completed application form as prescribed by the Chief Building Official; (b) The written authorization from the owner of the property and the occupant of the premises or sign owner on which the sign will be located; (c) Duplicate copies of a detailed site plan map on which is shown the location of the proposed sign(s) in relation to the boundaries of the lot, adjacent streets and any buildings on the lot; (d) Duplicate copies of a detailed plans showing, elevation and cross section views of the proposed sign and sign structure, including the dimensions, design and materials; (e) Where applicable, drawings and specifications in duplicate showing the parts of any building to which the proposed sign is to be attached and how the sign is attached; (f) Where applicable, proof of approval for the proposed sign from all other governmental authorities having jurisdiction.

4.5 The Chief Building Official shall issue the permit for a sign if all provisions of this by-law, and any other applicable law known to the Chief Building Official, including the Building Code Act, any By-laws of the District Municipality of Muskoka, and any guidelines of the Ministry of Transportation for the Province of Ontario have been complied with.

5. GENERAL PROHIBITIONS AND REGULATIONS 5.1 No person shall: (a) Erect, locate or display a sign without a permit provided a permit is required under this By-law; (b) Erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the approved sign permit application; (c) Erect, locate or display a sign in a manner that is not in accordance with the requirements of this By-law or the conditions of any exemptions granted under this By-law; Page 7 of 27

(d) Erect, locate or display a prohibited sign as listed in Section 6 Prohibited Signs, of this By-law; (e) Except as specifically permitted under this By-law erect, locate or display a sign which is on, or overhangs, Town property including any road allowance; (f) Erect, locate or display a sign that obstructs the view of any pedestrian, or driver of a motor vehicle; (g) Erect, locate or display a sign that obstructs the visibility of any traffic sign or device, or where it interferes with vehicular traffic in a manner that could endanger any person; (h) Except as specifically permitted under this by-law, erect, locate or display a sign on private property for a purpose other than a purpose ancillary to a principal use permitted under the Zoning By-law and carried on within a building located on the property for the purpose of facilitating the commencement of such a use; (i) Erect, locate or display backlit outdoor advertising signs, (j) Erect, locate or display light fixtures used to illuminate signs or billboards that do not comply with this By-law or the Town’s Dark Sky Bylaw; (k) Fail to maintain a sign in a proper state of repair so that such sign becomes unsafe or unsightly; or (l) Fail to remove, alter, or repair a sign which is not in compliance with this By-law when so directed by the Chief Building Official.

5.2 A person shall be deemed to be erecting, locating or displaying a sign if that person is a sign owner or a property owner and directs or permits or fails to stop the erection, location or display of the sign.

5.3 The sign owner shall notify the Chief Building Official of the Town, of the erection of any ground sign or fascia sign erected pursuant to a permit within fifteen (15) days after the sign is erected.

5.4 Special Event Signs: (a) May be permitted on a Town road allowance only if a suitable location beyond the Town road allowance isn't available; and (b) Shall be permitted only if the sign meets with Town approval as to type, size and location; and Page 8 of 27

(c) Shall be subject to a time limit not to exceed two (2) weeks before and one (1) week after the specific event.

6. PROHIBITED SIGNS 6.1 The following signs are prohibited under this By-law: (a) Abandoned or obsolete signs; (b) Animated signs, and Electronic Message Boards (c) Roof signs; (d) Flag signs or pennants; (e) Signs on trucks, trailers, or vehicles that are parked on a property in manner that is unrelated to their normal use as vehicles and is more consistent with the use or intended use of the vehicle as a sign; (f) Any sign capable of being confused with a traffic sign, traffic signal or official sign; (g) No billboard shall be erected on lands zoned for residential purposes; and (h) No poster sign or banner shall be affixed to any sign support member, light standard, vent pipe, flag pole, fence, tree or any other like structure.

Such sign may be erected on a wall of a building including a gas island kiosk and shall comply with the wall sign regulations as set out in this Bylaw. Such signs shall be included in the maximum sign entitlement for the property.

7. SIGNS NOT REQUIRING PERMITS 7.1 The following signs do not require a sign permit from the Chief Building Official. Except with respect to setback from street lot line, abutting properties and safety, or unless otherwise specified in this section or elsewhere in this Bylaw, the provisions of this By-law shall not apply to the following signs: (a) Signs erected by or for any federal or provincial government agency which are located on its own lands and which are used solely in conjunction with identification of the agency or its mandate. Such signs are not subject to municipal By-law regulations; (b) A sign not exceeding 0.37 square metres in area per face indicating no trespassing, safety, caution or any other regulatory sign, including entrance, exit, parking or traffic signs on private property; Page 9 of 27

(c) A sign not exceeding 0.37 square metres in area per face indicating the name and address of the owner or occupant of the premises on which the sign is located, or the name of the land or premises or both. In a commercial or industrial zone the sign area of municipal numbering on a wall shall not exceed 0.06 square metres; (d) A non-illuminated real estate point of sale sign advertising the sale or lease of a building or property, provided that such sign does not exceed 1.1 square metres in area per face, and is on the property being sold; (e) A contractor's identification sign, provided the sign is constructed as per section 8, and is on the property under construction after construction has commenced provided that such signs must be removed within six (6) months of the first occupancy of the building under construction and provided such signs are approved by the Chief Building Official with respect to setback from a street line and height requirements; (f) Signs or lettering attached to or painted directly upon any vehicle, trailer or bicycle, provided such vehicle, trailer or bicycle is not being used mainly for sign purposes, or being stored at any location where a portable sign would otherwise not be permitted; (g) A sign having a maximum sign area of 3.3 square metres per face advertising the sale of seasonal produce from the agricultural lands on which they were grown, during the appropriate growing season for the produce advertised. Such sign may be a portable sign; (h) A sign having a maximum sign area of 3.3 square metres per face advertising the sale of Christmas trees, in the Christmas season, on lands where permitted by the Municipal Zoning By-law for such use; (i) Moveable sign as defined in 3.29 and constructed as per 8.1.11; (j) Election signs as regulated under the Election sign By-law; (k) Temporary personal signs constructed erected or placed as per 8.1.12; (l) Incidental signs, as defined in 3.25, the provisions of this By-law shall not apply to these signs save and except that such signs shall not be located on public property without the necessary approvals; (m) Any municipal sign place in the event of an emergency.

7.2 The exceptions provided in this section do not prohibit any other Town Department or Government Authority from requiring a permit or approval for any sign pursuant to other legislation, regulations or By-laws.

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8. REGULATING RESPECTING SIZE, NUMBER, LOCATION AND TYPE 8.1. FREE STANDING SIGN: (a) Unless otherwise noted No more than two (2) free standing signs shall be located on any one property and such signs shall not be located closer to each other than 45 metres; (b) The maximum size, height and setback of free standing signs shall be as follows: 8.1.1 PYLON SIGN AND TENANT DIRECTORY SIGN: (a) Max. height 6 metres; (b) Width: 2.4 metres with the setback from the street lot line being at least equal to sign height; (c) Setback from the side or rear lot line: 1.5 metres.

8.1.2 GROUND SIGN (a) Max. height: 1.8 metres; (b) Max. sign Area: 6.7 square metres; (c) Setback from the street lot line equal to the sign height; (d) Setback from side or rear lot line: 1.5 metres; (e) No ground sign higher than 1.2 metres measured from grade at the intersection, shall be erected within 9 metres of a sight triangle ; (f) No more than two (2) ground signs shall be located on any one property and such signs shall not be located closer to each other than 150 metres.

8.1.3 BILLBOARD SIGN (a) Max. height: 6 metres; (b) Max. sign Area 6.7 square metres; (c) Min. setback from the street lot line: 3 metres; (d) Min separation from other billboard signs: 1 Kilometer; (e) Min. lot size: 20 hectares; Page 11 of 27

(f) No more than two (2) billboard signs shall be located on any one property.

8.1.4 TRAFFIC DIRECTIONAL SIGNS (a) There shall be no limit to the number of traffic directional signs upon a property. However, there shall not be more than two (2) such signs per point of entry/egress of a property; (b) A traffic directional sign shall be confined to directing motor vehicle or pedestrian traffic and shall be restricted to such signs as an "entrance" sign, an "exit" sign or a motor vehicle "parking" direction sign. Not more than forty (40) per cent of the sign area preface shall be used for corporate or business identification purposes; (c) No traffic directional sign shall be higher than 0.9 metres from grade within any site triangle as described in section 3.41 of this By-law or higher than 1.5 metres at other locations; (d) No traffic directional sign shall be located closer than 1.5 metres to the street line.

8.1.5 CONTRACTOR’S IDENTIFICATION SIGN (a) The sign shall not be permanently constructed at one place in the ground or be fixed to any other sign structure; (b) Have a sign area not greater than 1.1 square metres per face; (c) Have a height not exceeding 1.2 metres; (d) Shall not be illuminated; (e) Shall be located on the property where the work is being performed; and removed within thirty (30) days of the work being completed.

8.1.6 DIRECTORY BOARD SIGN (a) Directory board signs are not permitted on lands other than those zoned for industrial or commercial purposes and having a multi-user occupancy greater than five (5) tenants. (b) Directory board signs must identify all tenants; Page 12 of 27

(c) Lettering on a directory board sign shall not exceed 15 centimeters in height; (d) Not more than two directory board signs shall be located on a property; (e) A directory board Sign must not exceed 4.5 metres in height ; (f) A directory board sign must be setback a minimum of 6 metres from the street lot line; (g) If a directory board sign is erected on the wall of a building, such sign shall comply with the wall sign regulations as set out in this By-law.

8.1.7 INCIDENTAL SIGN (a) Shall have a maximum material dimension of 5m x 1m erected on fencing adjacent to a street by a charitable organization and having permission of the property owner on which the fence is situated; (b) Shall include but not limited to; flags; park bench; mailbox; newspaper box; bus shelter signs; corner stone; holiday decorations; metal plagues; and community gateway signs.

8.1.8 MENU BOARD SIGN (a) A property shall not have more than two (2) menu boards which shall be located at least 9 metres from a street lot line and have a maximum height of 3 metres, and shall have a maximum sign area of 2.8 square metres; (b) Such sign shall not be affixed to any existing sign support member, light standard, vent pipe, flag pole or any other like structure; (c) If such sign is a ground sign, it shall be setback as required in Section 8.1.2 in this By-law, but shall be exempt from maintaining a distance of 150 metres from any other ground sign; (d) Where such sign is considered as a wall sign, such sign shall comply with all requirements of Section 8.2 in this By-law.

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8.1.9 MOVABLE SIGN (a) Shall have a maximum height of 0.9 metres and a maximum width of 0.6 metres; (b) The sign must not obstruct the sidewalk so as to reduce the clear width to less than 1.5 metres; (c) The sign must be professionally constructed of good quality materials and be resistant to wind; (d) The sign must be removed from the sidewalk no later than November 1st of each year and cannot be placed back until April 1st of the next year to permit snow clearing.

8.1.10 PERSONAL SIGN (a) An advertising device not permanently constructed at one place in the ground or affixed to any other sign structure; (b) Having a sign area not greater than 1.1 square metres per face on a single sign board; (c) A height not greater than 1.5 metre; (d) Is not illuminated either internally or externally; (e) Is located on a property used for residential use; (f) Is used for a personal announcement or congratulatory message; (g) Shall be located on the property for not longer than three (3) days.

8.2 CONSTRUCTION DETAIL (a) No sign illuminated or operated electrically shall be erected, maintained or altered unless such electrical work is in conformity with all regulations of Ontario Hydro and the local authority having jurisdiction and all such electrical equipment bears the appropriate approval of the Canadian Standards Association; (b) All lights used to illuminate any sign, building or structure shall be arranged so that the light is not directed or deflected into neighboring properties or traffic flow and shall comply with the Town’s Dark Sky By-law; Page 14 of 27

(c) All signs erected, located or displayed in the Community Improvement Plan area must be constructed as per the standards attached to this by-law Schedule ‘A’.

8.3 SIGNS PERMITTED. (a) Except as otherwise expressly permitted by the provisions of this By-law, signs are permitted only on lands zoned or regulated for commercial, institutional or industrial uses.

8.4 WALL SIGNS: (a) The total sign area of all wall signs on any one architectural elevation shall not exceed fifteen (15) per cent of the area of the architectural elevation of the storey on which it is erected. Roof structures as shown on architectural elevations are not included in the calculation of elevation area; (b) In a shopping centre or plaza, the total sign area of all wall signs on any architectural elevation of a single store or business shall not exceed thirty (30) per cent of the total area of that elevation; (c) On a property used as a motor vehicle fuel dispensing use, or motor vehicle service station and abutting a residential use, no illuminated wall sign visible from the residential use shall have a vertical dimension greater than 0.9 metres. (d) All wall signs advertisement is limited to advertising for the business in the building it is erected, placed or constructed on

9.0 BY-LAW EXEMPTIONS 9.1 The Chief Building Official may approve signs that do not meet a requirement of the By-law if they are deemed to meet the intent of this Bylaw and the Community Improvement Plan area signage; 9.2 Any signs illustrated and detailed on drawings comprising part of an approval and registered Site Plan Agreement, are deemed to comply with this By-law and do not require a sign permit; 9.3 A Legal Non-Conforming sign that was lawfully erected or displayed on the day the By-law comes into force, shall be deemed to comply with this By-law, so long as the sign or advertising device is not in any way substantially altered, provided that the maintenance and repair of the sign Page 15 of 27

or advertising device or a change in the message displayed thereon shall be deemed not to in itself constitute an alteration.

9.4 A legal non-conforming sign, may lose this designation if: (a) the sign is relocated or replaced; (b) the structure or size of the sign is altered in any way except toward compliance with this By-law; (c) If the sign is substantially altered as per section 3.42.

9.5 The legal non-conforming sign is subject to all requirements of this By-law regarding safety, maintenance and repair. However if the sign suffers damage or deterioration, it must be brought into conformance with this By-law or removed; 9.6 Where the owner or person in control of a sign for any reason is unable to comply with the provisions and regulations under this By-law, such person may apply to the Council of the Town of Gravenhurst for an exemption from the provisions and regulations of this By-law. This application requires an additional $200.00 non-refundable fee, payable at the time of application; 9.7 The Council of the Town of Gravenhurst may authorize exemptions from the provisions and regulations of this by-law.

10.0 EXPIRY AND REVOCATION 10.1 Expiry (a) A sign permit issued for other than a portable sign pursuant to this By-law shall be valid for a period of six (6) months from date of issue and shall remain valid so long as the work covered by the permit is commenced before the expiry of the six (6) month period and so long as the work is carried on at a reasonable rate to completion. (b) Where no written request for renewal is submitted to the Chief Building Official before the expiry of the six (6) month period or where a sign permit has been renewed once with work not being commenced before the expiry of the second six (6) month period, the sign permit shall automatically lapse and a new application shall be required along with fees applicable at that time.

10.2 Revocation 10.2.1 The Chief Building Official may revoke a permit issued under this By-law: Page 16 of 27

(a) Where it was issued with mistaken, false or incorrect information;

(b) Where erection of the sign, other than a portable sign is, in the opinion of the Chief Building Official, substantially suspended or discontinued for a period of more than six (6) months; (c) Where it was issued in error; (d) Where the permit holder or property owner or his agent requests in writing that it be revoked.

10.2.2 Prior to revoking a permit in accordance with this By-law, the Chief Building Official may give written notice of intention to revoke to the permit holder at his last known address and, if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the permit shall be revoked without further notice and all submitted plans and other information may be disposed of or, at the request of the permit holder, returned as directed, at the permit holder / owner’s expense.

10.3 Fees 10.3.1 All fees shall be as per the Town’s Fees and charges Bylaw

11.0 REMOVAL AND ENFORCEMENT 11.1 LEGAL NON-CONFORMING SIGNS (a) Signs which do not comply with the provisions of this By-law and existed at the time of the passing of this By-law are permitted to be replaced provided the new sign complies with the requirements of this By-law.

11.2 REMOVAL OF SIGNS (a) Any employee of the Town is authorized to take down or remove any sign or other advertising device which, in the opinion of the Chief Building Official or his designate, is considered erected or displayed in contravention of this By-law and the owner shall pay for any costs or expenses of the Town. Such costs or expenses may be recovered in accordance with Section 389(2) of the Municipal Act c. 25 as amended.

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(b) When any sign has fallen into such a state of disrepair that in the opinion of the Chief Building Official or his designate needs to be repaired or removed, the sign shall be removed. (c) All signs which have become outdated for any reason shall be removed within thirty (30) days of the occurrence which caused the sign to be outdated. If a lawful sign has become outdated, an appropriate change of message shall contribute removal and satisfy the purposes of this section. (d) Temporary signs installed on any property shall be removed in the time stipulated under Section 8.1.10 by the owner of such signs or by the owner of the property on which such signs are located.

12.0 REMOVAL OF SIGNS IN CONTRAVENTION OF THIS BY-LAW 12.1 Any person who has caused a sign to be erected, displayed, or altered without first having obtained a permit, has caused a sign to be erected, displayed or altered contrary to the provisions of this By-law, shall obtain a permit, shall make such sign comply with this By-law and the permit or shall remove such sign or other advertising device within fourteen (14) days of service of notice from the Town that such sign is in contravention of this By-law; 12.2 Any notice given under this By-law may be given by ordinary mail to the person making application for a permit to erect, locate or display a sign, or where the sign is existing, by ordinary mail to the owner or tenant, according to the last revised Assessment Roll for the Town, of the property which, or in front of which, the sign is located; 12.3 Such notice shall be in writing, shall, if possible, identify by municipal address the lands upon which the sign is situate, and shall specify the particulars of non-compliance with this By-law; 12.4 Such notice shall be signed by the Chief Building Official or his/her designate, and shall state that the sign must be removed at the expense of the owner of the sign within fourteen (14) days from the date of service of the notice unless the sign is made to comply with this By-law before such time elapses; 12.5 Upon the expiry of the fourteen (14) day period, if the sign has not been made to comply with this By-law or has not been removed by the owner, the Chief Building Official or his/her designate may cause such sign to be removed at the expense of the owner of the sign or property. Any costs incurred by the Town may be recovered as municipal taxes on the property where the sign was located or may be recovered by action; Page 18 of 27

12.6 Notwithstanding subsections of this section, movable signs, real estate signs, construction site signs, garage sale signs, open house directional and inflatable signs that are erected or displayed contrary to this By-law shall be removed by the owner thereof within two (2) days after service of a notice from the Town advising that such sign or other advertising device is in contravention of this By-law. Such notice shall be served in the manner provided in this section. Such notice shall outline the nature of the contravention and the section of the By-law so contravened; 12.7 If such sign or other advertising device has not been removed by the owner as required herein, the Chief Building Official or his or her designate may cause such sign to be removed at the expense of the owner of the sign and any costs incurred by the Town may be recovered in like manner as municipal taxes on the property where the sign was located or may be recovered by action pursuant to Section 389 of the Municipal Act 2001, c. 25 as amended. The remedies provided for hereby may be proceeded with prior to and notwithstanding that no prosecution and conviction has been obtained under section 15 of this By-law; 12.8 Any sign removed as provided for in this section shall be stored by the Town or an independent contractor for a period of not less than thirty (30) days. During this time the sign owner or his or her agent is entitled to redeem such sign upon completing a signed acknowledgement and release on the prescribed form and upon making payment satisfactory to the Town of the amounts noted below: (a) the sum of $200.00 or the Town’s actual cost of removing the sign, whichever is greater, and (b) a storage charge of $20.00 per day or part thereof

12.9 Where the Town has removed a sign or banner and stored it for a period of thirty (30) days and the sign has not been redeemed, the Town may then destroy or otherwise dispose of the sign without notice or compensation to the owner of the sign or his or her agent.

13.0 INSPECTIONS 13.1 The person to whom any sign permit has been issued, or his agent, shall notify the Chief Building Official or his designate upon commencement of the erection of a sign, in order to arrange an inspection.

13.2 The Chief Building Official or his designate may enter upon any land at any reasonable time without a warrant for the purpose of: (a) inspecting the site with respect of which a permit is issued or an Page 19 of 27

application for a permit is made, or (b) determining if a permit is required to be issued.

14.0 LIABILITY 14.1 Any persons erecting or maintaining any sign or sign structure or on whose property a sign or sign structure is located, shall be liable for such sign or sign structure. The Town of Gravenhurst is hereby indemnified from and against all manner of claims for damages, loss, expense or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure, or part thereof.

15.0 OFFENCE 15.1 Any person who contravenes any section or provision of this By-law shall be guilty of an offence, as set out in Schedule “B�; 15.2 Every person who hinders or obstructs a person lawfully carrying out the enforcement of this By-law is guilty of an offence; 16.0 PENALTY FOR NON-COMPLIANCE 16.1 Every person who contravenes any provision of 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; 16.2 Each day a violation under this By-law is committed, or permitted to continue, shall constitute a separate offence and may be punishable as such. Such fine shall be recoverable under the Provincial Offences Act 2001 c 25 as amended; 16.3 Where a person has been convicted of an offence under this By-law the Court may in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted, directed toward the continuation or repetition of the offence.

16.4 Neither the granting of a permit nor the approval of the drawings and specifications, nor inspection made by the authority having jurisdiction during the erection of a sign shall, in any way, relieve the owner of such sign, tenant or the owner of property on which the sign is located, from full responsibility for carrying out the work in accordance with the provisions of this By-law.

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17.0 SEVERABILITY 17.1 Should any section, clause or provision of the By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the part which was declared to be invalid Read a first, second and third time and finally passed this

day of

___________________________ Mayor

2017.

___________________________ Clerk

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Schedule ‘A’ THE CORPORATION OF THE TOWN OF GRAVENHURST By-law # 2017-?? : Sign By-law Community Improvement Plan Façade Guidelines

Awnings and Canopies Awnings that reflect the ‘Gateway to Muskoka’ theme, or the ‘Muskoka Cottage’ theme include those made with solid colour or stripped pattern canvas. Retractable styles with open sides are preferable, but not required.

Design Considerations: • Choose an appropriate form of awning to suite the window and door arrangement.

Awnings can accentuate the entrance door, or can span a full building façade; • Traditional canvas awnings are retractable, can span over a sidewalk, and are available in a variety of historical colours and patterns.

• In all instances, consider the durability of the fabric in regards to weathering. Fading and mould resistant fabrics are preferred; • Choose a colour(s) in keeping with the colour scheme for the building and in keeping with the historical theme of the town in general; • An awning should not cover important architectural detailing; • Awnings should respond to the overall configuration of the building façade; • Awnings should be attached to a solid wall no higher than 300mm above the top of window edge; • Awnings should extend not more than 1.5m from the building face on streets; and be set back 600mm from the sidewalk curb.

• Awnings should be rectangular in shape with straight edges. Awnings shall not have a bottom soffit panel and shall not be backlit; • All awnings on a single store front should have consistent form, material or colour;

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Signage Design Considerations: • Type face should be made clear and easy to read. Painted plastic or wood letters and moulded polyurethane signs are currently available, which keep historical themes relevant, while lessening maintenance issues. Stainless steel letters or similar alternatives are acceptable. Colours should be coordinated with building.

• Primary signs should advertise the name of the business and the primary goods or services offered.

• A maximum of one primary sign and one blade sign for store face. Alternatively, primary signage may be permitted on an awning.

• Signs attached to building should be integral with storefronts, no larger than 600mm in height and externally lit. Backlit or neon type signs are not permitted under the Sign Bylaw.

• An additional blade sign may be attached perpendicular to the facade at a height above 2.4m, not exceeding 1.0m in height nor 0.6m in length. The blade sign should be located just under or just over the store awning. In other circumstances, the blade sign may be suspended by chains or by a bracket.

• Ideally, a continuous frieze or fascia should be located over the storefront at approximately 450-500mm in height. This fascia should be the location of the primary sign.

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Lighting Design Considerations: • The primary goal of a light fixture is to be a source for highlighting a specific detail, signage or space on the building façade.

• Lighting should complement a building and should be appropriate to a building’s architectural style.

• Lighting of front door areas can be accomplished in two ways. 1. Wall mounted fixtures with a “Traditional Heritage” theme (lantern style) can flank a doorway or storefront. 2. A ceiling mounted fixture for a recessed doorway could take on one of either two forms a hanging lantern style or a less decorative fixture such as a recessed ceiling fixture.

• Highlighting signage can be accomplished decoratively with attractive ‘Gooseneck’ lighting. Modern versions of the ‘Gooseneck’ are available that are less decorative, but maintain the integrity of selective signage and historical theming.

• Simple, unobtrusive spot lights can also highlight signage that might otherwise not be able to be lit.

• Modern light fixtures with traditional styling come with up-to-date technologies that include ‘dark sky’ compliance and shadow guards.

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• Pulsating or flashing lights will not be permitted, as well as poorly directed light to the street which will cause distraction for the motorist and inappropriate glare towards neighbouring buildings or pedestrians.

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Schedule ‘B’ THE CORPORATION OF THE TOWN OF GRAVENHURST Proposed Short Form Wording and Set Fines ITEM

COLUMN 1

COLUMN 2

COLUMN 3

Short Form Wording

Provision creating or defining offence

Set Fine

1

Erect, locate or display a sign without a permit

5.1 (a)

$200.00

2

Erect, locate or display a sign not in accordance with approved plans

5.1 (b)

$200.00

3

Erect, locate or display a sign not in accordance with the requirements of the Sign By-law

5.1 (c)

$200.00

4

Erect, locate or display a prohibited sign

5.1 (d)

$200.00

5

Erect, locate or display a sign on or over Town property

5.1 (e)

$200.00

6

Erect, locate or display a sign obstructing view of pedestrian or driver

5.1 (f)

$200.00

7

Erect, locate or display a sign interfering with visibility of traffic sign or device

5.1 (g)

$200.00

8

Erect, locate or display backlit sign

5.1 (i)

$200.00

9

Erect, locate or display light fixtures used to illuminate sign

5.1 (j)

$200.00

10

Fail to maintain sign in proper state of repair

5.1 (k)

$200.00

11

Fail to remove, alter or repair a sign after directed to do so

5.1 (l)

$200.00

12

Erect, locate or display a special event sign that does not meet Town approval

5.4 (b)

$200.00

13

Erect, locate or display a special event sign that exceeds time limit

5.4 (c)

$200.00

14

Erect, locate or display more than 2 free standing signs on the same property

8.1. (a)

$200.00

15

Erect, locate or display free standing signs not in accordance with size, height or setbacks

8.1. (b)

$200.00

16

Erect, locate or display a movable sign that obstructs sidewalk

8.1.9 (b)

$200.00

17

Erect, locate or display a movable sign during prohibited months

8.1.9 (d)

$200.00

18

Hinder or obstruct any person exercising lawful power or duty under this By-law

15.2

$300.00

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