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HomeMy Public PortalAboutUniform Signage By-Law No. 152_Effective 2022-04-27Municipality of the District of Chester Uniform Signage By -Law By -Law No. 152 Adopted Effective —April 27, 2022 Raised at Committee of the Whole - October 4, 2018 First Reading - Council - July 22, 2021 (2021-299) Second Reading -Council -October 14, 2021 (2021-394) Date of Publication/Effective Date - April 27, 2022 MUNICIPALITY OF THE DISTRICT OF CHESTER UNIFORM ADVERTISING SIGNAGE BY-LAW BY-LAW #152 1.0 Title 1. This By-law is entitled the "Municipality of the District of Chester's Uniform Advertising Signage By-law. " 2.0 Authority 1. Provided by section 49A of the Public Highways Act, S.N.S. 1989, c. 371 and amendments hereto. 3.0 Interpretation In this By-law: (a) "Destroyed" means rendered physically unusable; (b) "Erect" in respect to a sign means, the painting, pasting, and posting of the sign; (c) "Council" means the Municipal Council of the Municipality of the District of Chester; (d) "Highway" means a highway vested in Her Majesty in right of the Province, excluding highways designated as a controlled access highway by the Governor in Council pursuant to Section 21 of the Public Highways Act, S.N.S. 1989, c. 371; (e) "Maintenance" means the work of keeping the sign in a state of good repair; (f) "Municipality" means the Municipality of the District of Chester; (g) "CAO" means the Chief Administrative Officer of the Municipality of the District of Chester; (h) "Tourism Business" means a business open to the public for a minimum of four (4) continuous months during a calendar year which also meets the description of one of the following categories: (i) a business that is a tourism establishment for which a license issued under the Tourist Accommodations Act 1994-95, c. 9, s. 1 is in full force and in effect, (ii) a restaurant, (iii) a tourist attraction, including a museum, historic site, theme or amusement park, art gallery, recreation facility or use, or cultural, animal, or plant attraction including agritourism businesses such as U-Picks, (iv) a liquor store, (v) a craft shop or gift shop where artisanal products are produced or exhibited, (vi) an antique shop, (vii) a gas station, (viii) a convenience store or grocery store, (ix) a fresh food or farm market, (x) establishments where seafood and aquaculture products are held, hatched or reared and are for sale to the public, (xi) a youth camp, (xii) a Branch of the Royal Canadian Legion, (xiii) historical buildings, or other significant historical structures, (xiv) a pharmacy or medical centre, (xv) a winery, brewery, or any other establishments that are issued permits under the Liquor Control Act, where products controlled under the Liquor Control Act are made and sold to the public, (xvi) local and Provincial visitor information centres. (i) "Uniform Advertising Sign" means the visual communication device, including its structure and components, created, or manufactured for the purpose of providing direction information about promoting a tourism business. 4.0 Purpose 1. This by-law provides for the control of the erection, display, maintenance and placement of uniform advertising signs in the municipality for the purpose of providing an effective wayfinding system for the travelling public. 2. The erection and maintenance of the uniform advertising signs shall be led by the Municipality of the District of Chester. 5.0-Application This by-law applies only to the highways indicated in Schedule "A". 1. The erection, display, maintenance and placement of any signs within the by-law area indicated in Schedule "A' other than uniform advertising signage in compliance with this by-law is prohibited. 2. Notwithstanding the foregoing signage authorized by other levels of government, non -permanent signage relating to a Municipal, Provincial or Federal Election or an active Real Estate listing shall be permitted within the area indicated in Schedule "A". 6.0 Registrar of Signs 1. The CAO, or their designate, shall act as the Registrar of Signs hereinafter referred to as "The Registrar". 2. The Registrar shall have authority to issue or refuse to issue in writing, license to an applicant to erect, display, maintain or place uniform advertising signs in accordance with the provisions of this by-law and may revoke any such permission previously given as hereinafter provided for. 7.0 Uniform Advertising Signs 1. The Registrar shall, on application by a tourism business, issue a licence and direction for uniform advertising signage to be erected, displayed, maintained or placed at locations along a highway, at the Municipality's expense, subject to the following: a. The application is made in accordance with this by-law; b. The applicant pays the prescribed fee; and c. The Registrar is satisfied that the erection, display, maintenance, or placement of the uniform advertising signs at those locations is consistent with the purpose and provisions of the by-law. Licences granted pursuant to this Section, may be revoked by the Registrar if any of these provisions should be later determined to be incorrect or have been made or represented in a false or misleading manner. 2. Where uniform advertising signs have been erected, displayed or placed, under subsection (1), the Registrar shall, on application by the tourism business, issue an amendment to the Licence for the signs to be relocated, replaced, or removed if: a. The application is made in accordance with this by-law; 2 b. The applicant pays the prescribed fee; and c. The Registrar is satisfied, if the application concerns the relocation or replacement of the signs, that the erection, display, maintenance or placement of the uniforms advertising signage at the locations requested is consistent with the purposes and provisions of this by-law. Permission granted pursuant to this Section, may be revoked by the Registrar if any of these provisions should be later determined to be incorrect or have been made or represented in a false or misleading manner. 8.0 Administration 1. An application under subsection 7 (1) or 7 (3) of this by-law in respect of uniform advertising signs shall be made by completing the form entitled "Uniform Advertising Signage Application Form" attached to this by-law. 2. A uniform advertising sign for a tourism business located within the bounds of the municipality may be erected, displayed, maintained or placed within the by-law area per Schedule "A". 3. A uniform advertising sign for a tourism business located outside the bounds of the municipality may be erected, displayed, maintained or placed within the by-law area per Schedule "A", provided the business is located within 10 kilometres from the uniform signage structure upon which it advertises. 4. Only two (2) uniform advertising signs for a tourism business within the bounds of the municipality may be erected, displayed, maintained or placed in the municipality. 5. Only one (1) uniform advertising sign for a tourism business located outside the bounds of the municipality may be erected, displayed, maintained or placed within the By-law area per Schedule "A» 6. Notwithstanding 8.4, the Registrar may allow uniform advertising signs for a tourism business to be erected, displayed, maintained or placed in such a number, in excess of two (2), as the Registrar considers appropriate where the Registrar is satisfied that the location of the tourism business warrants additional signs. 7. A uniform advertising sign: a. Shall be 210 cm (84") x 45 cm (18") in size; b. Shall not contain more than 24 characters; c. Shall not have more than 14 characters per line; d. Shall be in font `Clearview 2WR' 4", `Clearview 3WR' 6" and `Clearview 5WR' 8"; e. Shall be `Highway Blue' with white lettering; f. Shall, on the right side of the sign indicate the distance in kilometres to the tourism business; and g. Shall include the symbol/provincial icon on the left side of the sign. 8. For the purposes of subsection (7), a "character" includes a space between characters. Uniform advertising signage structures shall display a maximum of four (4) uniform advertising signs, with no more than one (1) uniform advertising sign for an individual tourism business appearing per structure. 10. Notwithstanding 8.9 uniform advertising signage structures shall have a half moon sign on the top of the structure identifying the Municipality as generally shown in Schedule `B". 11. When allocating uniform advertising signs to structures, the Registrar may give priority to businesses located within the community or district the structure is located in. 12. At the discretion of the Registrar and subject to local physical conditions all uniform advertising signage structures should be a minimum of one hundred (100) metres from any intersection. 13. At the discretion of the Registrar and subject to local physical conditions all uniform advertising signage structures should be a minimum of two (2) metres from a road shoulder. 14. At the discretion of the Registrar, all uniform advertising signage structures should be a minimum of one hundred (100) metres from any other uniform advertising signage structures on a given side of the highway. 15. The information set out in a uniform advertising sign may be displayed in such language as is preferred by the tourism business. The Tourism Business shall be responsible to provide to the Registrar, the correct wording in the language of choice along with an accurate English translation, if it is other than English. 16. If one (1) uniform signage structure has more than one (1) uniform advertising sign, they shall be mounted in such fashion that signs with left pointing arrows be placed at the top, with business names listed alphabetically, followed by right pointing arrow signs, with business names listed alphabetically, and lastly, signs with straight ahead arrows, with business names listed alphabetically. 17. A tourism business applicant purporting to offer specific services and/or sell certain items for which a license or authority to do so is required must provide to the Registrar proof of such license or authority at the time of application. 18. For each year following the initial year that the Registrar licences uniform advertising signs to be erected, displayed, maintained or placed, the tourism business shall pay the Registrar, by the date requested, the annual fee prescribed for the continued erection, display, maintenance or placement of such signs. At the discretion of the Registrar, the Tourism Business may prepay all of part of the remaining annual fee to the end of the License term. 19. The Registrar may arrange for the uniform advertising signage to be removed if the Tourism Business fails to pay the annual fee, (by the date prescribed) by the Registrar, or the business ceases to operate. In both scenarios, there will be no money refunded. The Registrar shall arrange for the removal of the sign and provide notice of same to the owner. Businesses shall be required to provide the Registrar and keep current contact information for the purpose of providing notice. 20. License for signage, subject to the payment of the annual fees, shall be for a maximum period of ten (10) years. Prior to the expiration of the License, the Tourism Business may apply for a new License in the same manner and in accordance with the same provisions as contained earlier in this by-law, as amended from time to time. 4 21. Upon receipt of a written request from a person or organization, Municipal Council shall have the authority to consider granting an exemption from this by-law if Council is satisfied that the proposed sign meets the following criteria: a. Is of a non-commercial nature; b. Holds value to the community for which it is located; c. Will not negatively impact the overall intent of the Uniform Signage Program. Notwithstanding the foregoing, a person or business that obtains an exception from Council for a sign which does not comply with the requirements of this by-law, must also receive approval for the installation of the sign for the Nova Scotia Department of Transportation and Infrastructure Renewal. 9.0 Enforcement The Owner of any sign located, erected, maintained, displayed or placed within the area identified in Schedule "A" that does not comply with this by-law, after it's effective date, shall be liable to the following: a. Upon thirty (30) days notice the Municipality may remove the sign and dispose of the same; b. The Municipality may issue an Order to remove under the Municipal Government Act to the owner and if the sign is not removed within the time set out, then the Municipality may remove or dispose of the sign in and the cost of so doing charged to the Owner; c. Any person who fails to comply with an Order issued under this by-law shall be guilty of an offence and each day that that Order is not complied with shall constitute a continuing offence for which a person shall be liable to a penalty as set out in Part XXI of the Municipal government Act. 2. All Notices sent on this by-law shall be effective if mailed by regular mail to the last known address of the owner and, if unknown, then by posting the Notice on the sign. 3. Any signs erected after the effective date of this by-law, within the area identified in Schedule "A" that is not in compliance with this by-law, shall be removed by the Municipality and may be destroyed by the Municipality upon not less than fourteen (14) days notice to the owner. 4. The owner of the sign will be notified via regular mail of the intent and timeframe of the Municipality to remove and destroy said sign. 5. No development permit will be required for a uniform advertising signage permit. 10.0 Fees 1. The fees prescribed for the purposes of this by-law and these regulations are set out in the Fee's Policy P-20 and shall be paid to the Municipality of the District of Chester. 5 Schedule B — Uniform Advertising Signage Structure tiii W.Aii'ilAIJTI 01 C IES TE Uniform Advertising Signage Application Form Uniform advertising signage in accordance with By-law #152 of the Municipality of the District of Chester Contact Information: Name of Business: Civic Address (911) of Business: Business Mailing Address: Province: Postal Code: Business Phone Number: ( ) - Email Address: Applicant's Name: Applicants Mailing Address: Province: Postal Code: Home/Cell Phone: ( ) - Email Address: Description of Business: A brief description of your business (i.e. Motel, Campground, Restaurant, Gas Station, etc.) Sign Requirements (Maximum of 2 signs) Wording changes on existing signs - $XXX charge, Exact wording of si n(s): (not to exceed 24 characters & spaces) L N i ` ww'' W 92m OO y 5j � //1 W Q � oLm Ica (0 o 0 m vm-0 •� / Q N W Ic {�.. �_V Q m d ate+ c m L O F mo a� mo _ 'c ��•� V � Q •L E$ Z m o m n ¢ i (D ?pv \ n I mM m 5 Y O p$Emmg a_ 0o a a iE°c@a o < 'C3,/� I i AI M S �P �`J � � 3T � t • Ja�GG�t�'S� ' • • � >� v A m t ♦ a g29 � t � ,� ■ � a N`9h.N � �y ♦ � � d ■ to �A 9 N R ■ 3 • tt0 Z y i ♦`�'ys: ♦ IN W O •4�# A , 4 mle Lois C� Uniform Advertising Signage Program The Uniform Advertising Signage Program provides tourist businesses with a clear and effective manner to advertise their services. Tourist related businesses include accommodations, attractions, eating establishments, among others. The THE MUNICIPALITY OF Municipality will be responsible for constructing, installing, and maintaining CHESTER signage for tourism businesses. Uniform Advertising Signage Regulations Signs are 210 cm (7') wide and 45 cm (18") high. The business name, an arrow, the distance in kilometres and a corresponding symbol (where applicable) are displayed in white letters on a blue background. The business name must not exceed 28 characters, including spaces needed between words. Assistance can be provided if abbreviations are required to accommodate longer business names. Businesses are limited to two (2) uniform advertising signs in the municipality; however, the Registrar may allow a business to advertise additional signs. Uniform advertising sign structures will be comprised of three (3) uniform signs, advertising three (3) individual businesses. Businesses located within the Municipality can advertise their business on any uniform advertising signage structure, but businesses that operate outside the municipality must be within ten (10) kilometres of the uniform signage structure they wish to advertise on. Additionally, businesses must be in continuous operation for four (4) months of a calendar year in order to be eligible for the Uniform Advertising Signage Program. Uniform Advertising Signage Guidelines Uniform Advertising Signage structures will be a minimum 100 metres from any other structure on a given side of the highway while structures may also not be placed within 100 metres from any intersection. As signage structures are open to businesses from outside the municipality, structures -will be limited to advertising one (1) business from outside the municipality where applicable. Additionally, businesses located in the district or community of a uniform signage structure will be given priority to advertise on those structures. Fee Schedule The fees to participate in the Uniform Advertising Signage Program are as follows: > The fee payable for an application for each new uniform sign for a business is $150 per sign > The annual fee payable for the continued placement and maintenance of uniform signs for a business is $40 per sign. > The fee payable for a name change of a uniform sign for a tourism business is $100 per sign Additional Information The maximum number of signs per business is 2. Payment, must accompany the application. Post-dated cheques are not accepted. Insufficient payment will delay application processing. Cheques are payable to the Municipality of the District of Chester. �110110 LVAREOMR Annotation for Official By -Law Book Date of First Reading July 22, 2021 Date of advertisement of Notice of Intent to Consider September 22, 2021 Li hthouseNOW Date of Second Reading October 14, 2021 Date of mailing to Minister a certified copy of By -Law December 14, 2021 Date of advertisement of passage of By -Law * Aril 27, 2022 1 certify that the Uniform Signage By -Law #152 was adopted by Council and published as indicated above April 29, 2022 P. M. M.yr , Mu cipal Clerk Date Date -*Effective Date of the By -Law unless otherwise specified in the text of the By -Law UNIFORM SIGNAGE BY-LAW NO. 152 THE MUNICIPALITY OF CHESTER NOTICE OF BY-LAW THEMUNICIPALMYOr CHESTER & PILOT PROGRAM TE TAKE NOTICE THAT on the 14th of October, 2021, Chester Municipal Council adopted the Uniform Advertising Signage Bylaw & Program. The By -Law & Pilot Program introduces as follows: i .%: . - L w.... 1. By -Law to regulate signage within the identified area along Highway 3. 2. Pilot Program to facilitate the Uniform Advertising Signage as a pilot to clean up existing erected signs in the identified area and provide uniform signage for tourism businesses. The By -Law & Pilot Program are now in effect. Copies of the By -Law & Pilot Program are available from the Chester Municipal Office during normal office hours. For more information, call 902-275-2599. P.M. Myra, Municipal Clerk 201473 I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the Progress Bulletin on April 27, 2022. Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality the 29t" day of April, 2022. Pamela ". Myfa Municipal Clerk