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;
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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.
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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.
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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)
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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:
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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