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HomeMy Public PortalAbout1010-21 SIGNAGE BY-LAW (WARD 1)A BY-LAW RESPECTING SIGNAGE WITHIN THE TOWN OF SUSSEX BY-LAW # 1010-21 The Council of the Municipality of the Town of Sussex, under authority vested in it by Section 10 (1) d of the Local Governance Act, R.S.N.B. 2017, Chapter 18 and amendments thereto, enacts as follows: 1 TITLE This by-law may be cited as the Signage By -Law. 2 PURPOSE The purposes of the following sign regulations are: 2,1 To promote the effective use of signs as a means of communication to allow commercial business to clearly identify their places of business; 2.2 To minimize the potential adverse affects of signage on private and public property; 2.3 To address the issues of sign maintenance, repair, replacement, and removal; 2.4 To enable the fair and consistent enforcement of this sign regulation; and 2.5 To ensure that no sign may be placed, erected or displayed on any land, building or structure, except in conformity with this By-law and with a permit issued by the Building Inspector, except for signs permitted in all Zones. Town of Sussex Sign By -Law # 1010-21 Page 2/27 3 DEFINITIONS In this by-law, (a) "Building Inspector" means a person appointed by Council as Building Inspector; (b) "Clerk" means the Clerk of the Town of Sussex; (c) "Council" means the Council of the Town of Sussex; (d) "Municipality" means the Town of Sussex; (e) "Treasurer" means the Treasurer of the Town of Sussex. (f) "copy" means letters, characters, numbers or graphics which make up the message on a sign but does not include background color. (g) "copy area" means the area within a rectangle which encloses all of the copy for one face of the sign. (h) "Copy, manual changeable" means copy which can be changed manually though the use of detachable letters, characters, numbers or graphics. (1) ',facade" means the exterior front face of / or side face of a building or business premises, wherever is the face which the sign is to be placed. (j) "Grade" means the elevation adjacent to any sign or the elevation of the finished ground surface directly below the sign. (k) "height" means the vertical distance from grade to the top of the sign or its supporting structure whichever is greater. (1) "landscaped area" means the area of land which contains trees, shrubs, flowers or other planted material and may include planter boxes. (m) "may" is construed as permissive. Town of Sussex Sign By -Law # 1010-21 Page 3/27 (n) "shall" is construed as mandatory. (o) "Sight triangle" means the triangle at a street intersection that is formed by connecting the following points: the point where the street edge or curbs intersect at the apex and a point on each street that is 7.5 metres from the intersection. (p) "sign" means any structure, device, light, painting or other representation or natural object which is used to identify, advertise or attract attention to any object, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business or which displays or includes any letter, work, model, banner, flag, pennant, insignia, device or representation used as an announcement, direction or advertisement and which is intended to be seen from off the premises or from a parking lot, except any "poster" which is affixed to the inside of a window or glass door; (q) "billboard sign" means a free-standing sign or fascia sign which is not related to any business or use located on the lot; (r) "canopy sign" means a sign attached to or forming part of a permanent building projection, projecting or fixed structural framework which extends outward from the exterior wall of a building; (s) `fascia sign" means a sign placed flat against the face of a building and projecting not more than 0.5 metres; (t) "free-standing sign" means a sign, other than a mobile or portable sign or sandwich sign, supported independently of a building and permanently fixed to the ground; (u) "illuminated sign" means a sign lighted from within the sign or by a light shining externally upon the sign by design or intention but does not include signs illuminated intermittently; (v) "mobile and/or portable sign" means a structure which is located on the ground but not permanently mounted on a foundation, which is Town of Sussex Sign By -Law # 1010-21 Page 4/27 capable of being easily relocated, which contains or holds a sign and which may have one or more faces; (w) "mural" means a painting, design or artistic work applied to an exterior wall surface or to a fence, for purposes other than advertising. (x) "projecting sign" means a sign attached to a building projecting more than 0.5 metres but less than 2.0 metres for either illuminated or non -illuminated signs with lettering not exceeding 36 centimetres in height; (y) "painted wall sign" means a sign painted on the side or rear wall of a building advertising goods, products or services but does not include roof or fence surfaces. (z) "sandwich sign" means a two-sided A -frame style, self-supporting sign which is not permanently affixed to the ground and is designed to be moveable. (aa) "sign permit" means an authorization in writing issued by the Building Inspector pursuant to this By-law. (bb) "Sign area" means the total area which the outer edge of the frame or border of a sign including any embellishment thereof, but where a sign has no frame, border, or background, the sign area shall be the area contained within a geometric shape or combination of such shapes which encloses all of the copy including any embellishments. (cc) "animated sign" means a sign which has motion and or color changes to any part of the sign, but excludes a sign which displays only time, temperature or date. Town of Sussex Sign By -Law # 1010-21 Page 5/27 FREESTANDING SIGN 4 ADMINISTRATION: SIGN TYPES PORTABLE SIGN This by-law applies to the entire land area within the bounds of the municipality of the Town of Sussex. 4.1 No person shall construct, set up, place, exhibit, erect, or relocate a sign in the Town of Sussex, except in conformance with this by-law and with a valid sign approval issued by the Planning Advisory Committee of the Town of Sussex and a building permit issued by the Building Inspector for the Town. This By-law applies to all signs on public and private property. 4.2 Any sign erected in contravention of this by-law shall be removed at the expense of the owner, applicant or lessee. 4.3 The Building Inspector is hereby designated as the officer responsible for the administration and enforcement of this by-law. 5 APPLICATION EXEMPTIONS 5.1 The following signs may be exempted from the sign permit requirements of this by-law where in the opinion of the Building Inspector such signs in accordance with the general Town. of Sussex Sign By -Law # 1010-21 Page 6/27 intent of the By-law and would present minimal adverse effects of signage on the physical appearance of the Town of Sussex. 5.1.1 Signs located inside a building and not visible form the exterior of the building. 5.1.2 Signage that forms part of appliances and fixtures such as gas pumps, pop machines and telephone booths and like appliances and fixtures; 5.1.3 Signs or public notices erected or authorized to be installed by the Town or Provincial or Federal legislation; 5.1.4 Re -painting, replacement of the fascia panel or normal maintenance of existing previously approved signs for an existing business; 5.1.5 Signs denoting access and parking for the disabled; 5.1.6 Non -advertising commemoration plaques, cornerstones or tablets; 5.1.7 One vehicular directional sign not exceeding 0.25 m2 in area and one metre in height to be located at each entrance and exit to public or private parking; 5.1.8 Signs not exceeding 3 m2 for the purpose of advertising any political party or candidate participating in an election for public office; 5.1.9 Any sign that does not exceed 0.25 m2 in area that identifies the name and address of a resident or which regulates the use of property such as "no trespassing" signs; 5.1.10 Real estate signs on a property offered for sale and which does not exceed 1 m2 in area in any Residential zone or 3 m2 in any other zone. 5.1.11 Open house signs, in accordance with this By-law; 5.1.12 Window signs in accordance with Section 15.11 of this By- law; Town of Sussex Sign By -Law # 1010-21 Page 7/27 5.1.13 Non -illuminated community event signs when used for the purposes of advertising specific community events at the discretion of the Community Services Director and approved by the Planning Advisory Committee for the Town of Sussex 5.1.14 All signage owned, operated or managed by or on behalf of the Town of Sussex 5.2 The above exempted signs shall, in the opinion of the Building Inspector be safe, secure, and not hinder the use by the public of any street and shall not be constructed, erected, altered or maintained in violation of this By-law. 6 APPLICATION FOR A SIGN PERMIT 6.1 Applications for a sign permit shall be made to the Building Inspector and shall include: 6.1.1 The civic address of the building, structure or lot on which the sign is to be erected, altered, or relocated; 6.1.2 Authorization by the owner of the subject property and/or building; 6.1.3 A drawing to scale for each side of the sign giving all pertinent materials and dimensions; 6.1.4 A drawing illustrating the position of any sign to be painted on or attached to a building or structure and the method of attachment; 6.1.5 A dimensioned site plan showing the sign and distances from all adjacent property lines, driveway locations and other prominent features located on the property; 6.1.6 Details of the supporting framework and foundation base details; and 6.1.7 Details of any lighting, if so applicable 6.1.8 Applicable fees as having been adopted by Council, and which may from time to time be amended by resolution, Town of Sussex Sign By -Law # 1010-21 Page 8/27 hereinafter in accordance with the fees and charges as set out in Section 17 of this By-law. 6.2 Whenever in the opinion of the Planning Advisory Committee or Building Inspector the nature of the proposed work requires technical knowledge, a drawing signed and sealed by a professional Engineer licensed to practice in the Province of New Brunswick illustrating details of sign attachment and assembly for freestanding, awning and projecting signs shall be required. All signs shall be erected in accordance with the National Building Code of Canada, current edition. 6.3 The Building Inspector shall ensure that the signage proposal conforms to this and all applicable by-laws and legislation prior to submission to the Planning Advisory Committee and prior to the issuance of a Building Permit to construct or erect the signage. 6.4 If on examination of the information presented and receipt of the prescribed fee, the Building Inspector is satisfied that the application is consistent with this By-law and all other By-laws and legislation, the Building Inspector may issue a sign permit. 7 REFUSAL OF A SIGN PERMIT The Building Inspector shall refuse to issue a sign permit for any sign if: 7.1 the proposed sign does not comply with the provisions of this By-law or any other applicable law or legislation or would make any existing sign non- compliant. 7.2 the building or structural supports on which the sign is to be located or attached is determined to be incapable of supporting the sign, or if the information submitted regarding the construction of the sign or supporting structure is not sufficient to enable the Building Inspector to adequately determine the capability of such support; 7.3 the proposed sign would, in the opinion of the Development Officer, obstruct or otherwise interfere with any traffic control devices, or the visibility of motorists or pedestrians; Town of Sussex Sign By -Law # 1010-21 Page 9/27 7.4 an applicant has failed to provide the information required by this By-law to the Development Officer; or 7.5 the proposed sign directly interferes with the visibility of adjacent signs. 8 REVOCATION OF A SIGN PERMIT The Building Inspector may revoke a sign permit: 8.1 where there is a violation of any condition under which the sign permit was issued; 8.2 where there is a violation o f any provision of this By-law or any other applicable law or legislation; 8.3 if the Building Inspector is satisfied that such sign permit was issued by reason of incorrect, false, or misleading information furnished by the applicant; or 8.4 if the sign permit was issued in error. 9 APPLICATION TO PLANNING ADVISORY COMMITTEE 9.1 An applicant for a Sign permit may make application to the Town of Sussex Planning Advisory Committee should a sign permit not be issued by the Building Inspector for any of the reasons outlined within this By-law or should the applicant wish to make application to vary the requirement of this By-law in accordance with the Community Planning Act. 9.2 The Building Inspector, at their discretion, may submit an application to the Planning Advisory Committee where additional guidance is required prior to the issuance of a sign permit. 10 PROHIBITIONS 10.1 Unless permitted in another By-law, order or provincial or federal statute, signs that are not expressly permitted or exempted in this By-law are prohibited. Town of Sussex Sign By -Law # 1010-21 Page 10/27 10.2 Without restricting or limiting the generality of the foregoing, the following signs are specifically prohibited: 10.2.1 Billboard sign; 10.2.2 Any signage erected within the sight triangle, the triangle at a street intersection that is formed by connecting the following points: the point where the street edge or curbs intersect and a point on each street that is 7.5 metres from the intersection; 10.2.3 Any roof sign; 10.2.4 Any portable sign not considered to be a Sandwich Board Sign as defined by this By-law; 10.2.5 Any sign that obstructs any part of a doorway, window or balcony with the exception of permitted window signs; 10.2.6 Any sign that has affixed to or contains any flashing, animated, rotating, moving or oscillating electrical components, except for electronic message boards, unless approved by a Development Agreement entered into in accordance with the Community Planning Act; 10.2.7 Any flashing, animated or chasing border signs or part thereof; 10.2.8 Any sign that devotes more than 50% of its sign area to manual or automatic changeable copy, with the exception of community event signs; 10.2.9 Any sign that imitates or resembles in any way, shape, form, words or lighting, a traffic control device; 10.2.10Any sign that uses dayglo fluorescent, luminous or reflective paint or similar products; 10.2.11 Any vehicle carrying a sign, which is placed primarily for advertising purposes instead of being regularly used for transportation, or any commercial vehicle carrying a sign, which is parked in the same location, on a Town. of Sussex Sign By -Law # 1010-21 Page 11/27 commercially designated property, for periods exceeding 48 hours. 10.2,12 Inflatable signs, figures, objects, and animals. 11 REPAIR AND REMOVAL 11.1 When a new owner or tenant occupies any vacant premises, such person shall remove all signs that are not in compliance with this By-law, including any supporting system, before an occupancy permit is issued. 11.2 A person shall not alter or relocate a sign that is not in compliance with this By- law unless: 11.2.1 a sign permti has been issued by the Town; and 11.2.2 the sign is altered or relocated to conform with this By- law. 11.3 A sign that does not comply with this By-law may be repaired subject to the Building Inspectors approval. 11.4 Every sign shall be well maintained in a safe condition at all times by the property owner. 12 GENERAL DESIGN STANDARDS The design and placement of signs shall be carefully coordinated with the architectural elements of the facade and other exterior elements of the building. Signs shall be: 12.1 single or double sided; 12.2 designed with colors and materials coordinated with the building; 12.3 if illuminated, in accordance with the following: 12.3.1 Freestanding signs, fascia signs and projecting signs may be illuminated by internal lighting, external lighting, Town of Sussex Sign By -Law # 1010-21 Page 12/27 floodlighting and neon unless otherwise limited by this By-law; 12.3.2 External lighting shall be limited to the greatest extent possible to the sign face with the light source concealed from view; 12.3.3 All wiring and conduits to electric signs and lighting sources shall be placed within the building walls, located underground or otherwise concealed from view. 12.3.4 Illuminated signage on a building facade that fronts residential properties may be permitted if in the opinion of the Planning Advisory Committee the illumination will not be a nuisance to residents. 13 NUMBER OF SIGNS PERMITTED PER BUSINESS AND PROPERTY Schedule "A" specifies the number of signs permitted per business and property. 14 NUMBER OF FREESTANDING SIGNS PERMITTED One (1) Freestanding sign as defined in this By-law is permitted per developed property in a commercial, business park, institutional, recreational zone, central business district and industrial zones. 15 STANDARDS FOR PERMITTED SIGNS: The provisions of this section shall apply to all permitted signs: 15.1 Facia Signs Fascia signs are flat, horizontal signs that sit flush on a building's exterior wall above windows and doors. Since fascia signs are commonly positioned directly above an establishment's main entrance they identify the precise location of a business or organization, especially in a multi- unit building. Fascia signs are accessory to the overall design and architectural features of buildings. The size and location of fascia signs Town of Sussex Sign By -Law # 1010-21 Page 13/27 are regulated to ensure they are not oversized for the facade on which they are placed or cause a nuisance to neighbouring properties. Number of fascia signs permitted per building, subject to the following: 15.1.1 where a building contains more than one business each business is permitted one fascia sign, or 15.1.2 where a business fronts two public streets the business is permitted one fascia sign facing each street frontage. 15.1.3 Where a building contains multiple businesses, a business that occupies more than one unit may have more than one fascia sign, subject to the approval of the Town's Planning Advisory Committee. Location Fascia signs may be permitted above the floor of the second storey, subject to the approval of the Town's Planning Advisory Committee. Sign Area A fascia sign's area shall be limited to 15% of the area of the building facade, or 15% of the area of each individual unit's facade where a building contains more than one business. In no case shall a fascia sign have an area greater than 47 m2. A fascia sign shall not have a width that is greater than 75% of the width of the building facade, or 75% of the width of an individual unit's facade where a building contains more than one business. Illumination Illuminated signage may be permitted on facades that front. residential properties, if in the opinion of the Development Officer the illumination will not be a nuisance to residents. 15.2 Freestanding Signs Freestanding signs are permanent signs that stand apart from a building. They have supports that are permanently secured in the ground. As freestanding signs are generally the largest signs permitted on a property they attract passing customers and identify the shopping plaza or building where an establishment is located. The size, number and Town of Sussex Sign By -Law # 1010-21 Page 14/27 location of freestanding signs are regulated for numerous reasons: over- sized freestanding signs can become a nuisance for neighbours; free standing signs can reduce visibility for both pedestrians and vehicles; and too many, or too large, free standing signs appear visually cluttered and unattractive. Number Permitted One freestanding sign is permitted per developed property in the commercial, business parks, institutional, recreational zones, special area and industrial zones. Location All freestanding signs shall be sited in a landscaped area that is at least equal in size to the sign area. No part of a freestanding sign shall be located within: • 2 metres of any property line; • 2 metres of any driveway ingress or egress; • 1 metre of any building; or • The sight triangle. In no case shall a freestanding sign be located so as to obstruct pedestrian or vehicular traffic. Sign Area A freestanding sign, including the supporting structure, shall be limited to a maximum area of Sm2 per side of the sign. The total width of the sign, including the posts, shall not exceed 4 metres. Sign Area For properties in the General Commercial and Park Zones with a frontage of at least 200 metres Gateway Mall General Commercial Area freestanding signs shall be limited to: • a maximum area of 10 m2 per side of the sign, including the sign structure; and • a total width, including the posts, of 6 metres. Height Freestanding signs shall not exceed 6 metres in height above grade. • Except in the General Commercial and in the Gateway Mall General Commercial area freestanding signs shall not exceed 10 metres in height above grade. Town of Sussex Sign By -Law # 1010-21 Page 15127 • Have enough clearance so as not to obstruct visibility the sign must have a minimum clearance of 2 metres from the average grade adjacent to the sign to the bottom of the sign structure. Heritage Area Heritage Preservation Board approval is required to erect a freestanding sign in the Heritage Area. 15.3 Awing or Canopy Signs Awning signs that are placed or printed on the exterior surface of an awning are used to identify the location or entrance of an organization or business. Although awnings may be integral to the design of a building, awning signs are a form of advertising and are regulated to ensure that they remain tasteful and attractive and are not overly large for the awning or building on which they are placed. Number Permitted Only one awning sign is permitted per building, subject to 15.3. i where a building contains more than one business each business is permitted one awning sign; or 15.3.2 where a business fronts two public streets the business is permitted one awning sign facing each street frontage. Location Awning signs shall be attached to, painted on or placed upon a canopy or awning and located on the exterior front face of the awning or canopy. Sign Area An awning's area, as measured on a drawing of the elevation or vertical plane of an awning, shall be limited to: • 15% of the area of the building facade, or 15% of the area of each individual unit's facade where a building contains more than one business. • The maximum sign area to be placed on an awning is 40% of the area of the awning or canopy, as measured on a drawing of the elevation or vertical plane of an awning. • An awning sign shall not have a width that is greater than 75% of the width of the building facade, or 75% of the width of an individual unit's facade where a building contains more than one business. Town of Sussex Sign By -Law # 1010-21 Page 16/27 Projection An awning or awning sign shall not project horizontally more than 2 metres from the building face to which it is attached. Clearance Awning signs shall not be located over a pedestrian walkway unless the lowest part of the awning, canopy or sign structure is at least 2.75 metres above the pedestrian walkway. Insurance Awning signs shall not be located over a public sidewalk unless prior approval has been granted by Sussex Council and proof of insurance naming the Town as coinsured has been provided to the Town of Sussex. 15.4 Under -Awning Signs or Under Canopy Signs Under -awning signs hang from the underside of an awning or canopy to indicate to passing pedestrians the exact location of a unit. Since these signs are not used to attract passing automobile traffic they can be quite small. Number Permitted Only one under -awning sign is permitted per building, except where a building contains more than one business each business is permitted one under -awning sign, Location An under -awning sign shall not project beyond the front edge of the awning or below a height of 2.5 metres above grade. Sign Area An under -awning sign shall: • Be limited to a maximum of 0.3 m in height. • Not have a length in excess of more than 60% of the length of the awning or canopy. 15.5 Construction Site Signs Construction site signs are used to identify a construction project, along with its developer, contractor, sub -trades, architects and engineers. Signs are permitted only on the property under construction, while the construction is taking place. Number Permitted No more than 2 construction site signs, as defined in this By-law, shall be placed on a property under construction. A construction trailer bearing multiple permanent, painted construction signs will be counted as one construction sign. Town of Sussex Sign By -Law # 1010-21 Page 17/27 Location A construction site sign may be erected onsite as a temporary freestanding sign, placed on the building or on fencing, or placed on a construction trailer located on the construction site. No construction site sign shall be placed within 2 metres of a property line. Construction site signs shall not be placed within the sight triangle. Sign Height The maximum height of the sign shall be limited to 1.5 metres. Sign Area A construction site sign shall be limited to a maximum area of 3.0 m2. Removal An occupancy permit shall not be issued by the Town until all construction site signs have been removed. 15.6 Flags Flags shall be defined as cloth signs that are used to identify a business or organization, or advertise an event or sale. Flags are regulated to ensure they are not a nuisance or danger to passing traffic or pedestrians and have sufficient clearance from other structures or utilities. Number Permitted Only one flag is permitted per business. Location The location of a flag, including the supporting system, shall be entirely on private property and shall not interfere with fire escapes, vehicular and pedestrian traffic, utilities or public works, subject to Development Officer approval. Flags shall not be placed within the sight triangle. Clearance A flag shall have a minimum clearance of 2.75 metres above grade. Interpretation Nothing in this By-law shall be interpreted to regulate the display of flags representing a country, province or territory of Canada or a municipal corporation. Town of Sussex Sign By -Law # 1010-21 Page 18/27 15.7 Murals A mural is a means a painting, design or artistic work applied to an exterior wall surface or to a fence, for purposes other than advertising. A mural is permitted subject to terms and conditions imposed by the Planning Advisory Committee of the Town of Sussex and duly authorized by the Sussex Town Council upon acceptance of the Terms and Conditions imposed by the Town's application process, and, which may be prohibited, by the Committee, where compliance with terms and conditions imposed by the Committee cannot be reasonably expected. Number Permitted Only one mural is permitted per building, except where expressly authorized by the Council of the Town of Sussex, Location a mural sign shall not project beyond the front edge of the awning or below a height of 2.5 metres above grade. Mural / Sign Area As authorized and approved by Sussex Town Council in accordance with the Town's mural application process: • Be limited to a maximum of one per building. • Not have a length in excess of more than 60% of the length of the building height or width as measured form the under side of the soffit, and shall not contain a portion of the building's roof. 15.8 Projecting Signs Projecting signs are flat, two sided signs that extend outwards from a building's wall. They are placed high on the facade so pedestrians or vehicles can pass under them and are therefore visible to potential customers travelling in both directions on the road where a business is located. Regulations for projecting signs ensure they are sized appropriately for the building on which they are placed and are placed high enough not to be a danger to passing traffic. Number Permitted Only one projecting sign per business shall be permitted. Location A projecting sign may be located on the front face of a business. Town of Sussex Sign By -Law # 1010-21 Page 19/27 Sign Placement A projecting sign shall be placed a minimum of 2.75 metres above grade. A projecting sign shall not extend above the roofline or top of the second storey. Sign Area The sign area of a projecting sign is limited to a maximum area of 1.5 m2 per side. Illumination Illuminated signage may be permitted on facades that front residential properties, if in the opinion of the development officer the illumination will not be a nuisance to residents. 15.9 Real Estate Signs Real estate signs are temporary signs that advertise a property for sale or for lease. They are regulated to ensure that excessive numbers, or overly large real estate signs, do not create visual clutter and reduce the attractiveness of the Town. Number Permitted One real estate sign may be placed or erected on a private property offered for sale. Location A real estate sign may be placed or erected only on the property that it is advertising as for sale. Real estate signs shall not be placed within the sight triangle. Sign Height The top of a real estate sign shall not exceed a height of 2 metres from grade. Sign Area A real estate sign shall be limited to a maximum sign area of: • 1 m2 per side in a residential zone. • 3 mz per side in any zone that is not a residential zone. • 8 m2 per side on a lot that fronts the Route 1 Highway, only for signs that face the Highway and that are placed within 50 metres of the Highway. Department of Transportation approval shall be required for signs in the Highway Right of Way. Illumination Real estate signs shall not be illuminated. Town of Sussex Sign By -Law # 1010-21 Page 20/27 15.10 open House Signs Open House Signs are permitted to temporarily advertise the time and location of an open house. They are regulated to control the number of open house signs and ensure the signs are not displayed for an extended period of time. Number Permitted No more than 3 open house signs shall be placed for each open house. Location Open house signs may only be placed on private property with permission of the property owner. Display Open house signs shall not be erected more than 1 hour before the open house begins. Removal Open house signs shall be removed within 1 hour after the open house has concluded. 15.11 Window Signs Window signs are permitted, provided they do not occupy an excessive window area, blocking the view in and out of a business. Number Permitted The number of window signs is not restricted. Location A window sign shall be placed on the interior of the building and shall be limited to windows located on the first and second storey of the building. Sign Area Total window signage shall not occupy more than 25 percent of the area of the window in which it is placed. Illumination Signs may be illuminated by internal lighting and neon tubes. 15.12 Banners Banner signs are temporary signs that are intended to announce special events such as sales or grand openings. The amount of time that businesses can display banners is restricted to limit the number of banners in town at one time, which reduces the amount of visual clutter and helps protect the attractiveness of the community. Permits must be Town of Sussex Sign By -Law # 1010-21 Page 21127 obtained every time a banner is displayed; however, displaying a banner multiple times can be approved in advance through one application. Number Permitted Not more than 1 banner sign per property is permitted at any one time. Location Banners signs shall: • Not be erected in locations that impede pedestrian and vehicle movement, accessibility or visibility. • Not be placed in the sight triangle. Banner Size Banners signs shall: • Not exceed 6 m2 in area. • Not have a length that is greater than 75% of the width of the building facade on which the banner is placed. • Shall not be placed or erected across any road, arterial or highway. Display Banner signs shall not be displayed for more than 14 consecutive days, and for no more than one 14 day period per month, Permits A permit must be obtained to display a banner sign. 15.13 Sandwich Board Signs Sandwich board signs are portable, two sided signs that are displayed outside the entrance to a business, indicating the exact location of the businesses entrance. They are small and easily moved by one person. Regulations for sandwich board signs ensure they are not located in areas that are a nuisance to pedestrians or vehicles or displayed at night. Number Permitted One sandwich board sign shall be permitted for each business. Location Sandwich board signs shall be displayed on the private property of the business to which they pertain. Town of Sussex Sign By -Law # 1010-21 Page 22/27 ® Sandwich board signs shall be displayed within 3 metres of the front entrance of the business to which it pertains. ® Sandwich board signs shall not be located so as to be a nuisance or to restrict pedestrian or vehicular movement. ® Sandwich board signs shall not be located in any required parking area or required landscaped area. Sandwich board signs shall not be located within the sight triangle. Sign Area Sandwich board signs shall not exceed: 9 1 metre in height; or ® 0,5 metres in width. Display Sandwich board signs shall only be displayed during the hours of operation of the business to which it pertains. Illumination Sandwich board signs shall not be illuminated. Electronics Sandwich board signs shall not contain any electronic components. 15.14 Incidental Signs Incidental signs provide information and directions, such as parking instructions, to the public, as apposed to advertising. Number Permitted The number of incidental signs is restricted to 5 signs per property. Location Incidental signs shall not be located within 2 metres of any property line. Sign Area An incidental sign shall be limited to a maximum sign area of 0.25 m2 in area per side. Illumination Incidental signs shall not be illuminated. Town of Sussex Sign By -Law # 1010-21 Page 23/27 15,15 Political Signs Political signs refer to signs that pertain only to an election of a representative of the eligible voters in the Town of Sussex to the District Education Council, Regional Health Authority, Sussex Town Council, Provincial Government or Federal Government. Location Political signs shall: • Not be erected in locations that impede pedestrian and vehicle movement, accessibility or visibility. • Not be erected on O'Connell Park, or other Town- owned facilities or park areas. Size Political signs shall: • Not exceed 3 m2 in area. Display Political signs shall: • Not be displayed before a Provincial or Federal election is officially called or before the end of the nomination period of local government elections. • be removed within three (3) days after the election, Permits A permit is not required for Political Signs, 16 ENFORCEMENT The Town's Building Inspector, the Town's Development Officer and / or By- law Enforcement Officer are empowered to enforce this By-law, and may order any person: 16.1 to discontinue or refrain from proceeding with any work or doing anything that is in contravention of this By-law; Town of Sussex Sign By -Law # 1010-21 Page 24/27 16.2 to carry out any work or do anything to bring a sign into conformity with this By-Iaw; or 16,3 to repair, alter or remove any sign as provided in this By-law. 17 FEES AND CHARGES The following fees shall be paid before a sign permit is issued: 17.1 Fifty dollars ($50) for each sign requiring a permit to a maximum fee of $150 per application; 17.2 Where a sign installation has commenced prior to the issuance of a sign permit required under this By-law, an additional service charge equal to the permit fee shall be levied. 17.3 Where a sign permit has been revoked for any of the reasons included in this by-law an additional service charge equal to the licence / permit fee shall be levied prior to the issuance of a second sign licence. 17.4 The fees described above allow for one review of plans or field inspection to the initial sign application. Where additional reviews of structural drawings or field inspections is required to complete the final approval as may be determined by the Development Officer, an additional fee per inspection equal to the original permit fee shall be charged. 18 PENALTIES 18.1 A person who contravenes any of the provisions of this By-law; or causes or suffers or permits any act or thing to be done in contravention of or in violation of any of the provisions of this By-law, or neglects or refrains from doing anything required to be done by any of the provision of this By-law; or fails to comply with an order or demand made pursuant to this By- law; commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a Category B offence and shall be fined not less than $70 and not more than $1000.00. Town of Sussex Sign By -Law # 1010-21 Page 25/27 18.2 Each day such offence continues shall be deemed to constitute a separate offence. 19 PLURAL OR FEMININE TERMS In this by-law plural or feminine terms may apply whenever the singular, masculine or feminine is used. It shall be considered as if the plural, feminine or masculine has been used where the context of the party or parties hereto so requires. 20 VALIDITY The invalidity of any Section, subsection, clause, sentence or provision of this by-law shall not affect the validity of any other section, subsection, clause, sentence or provision of this by-law which can be given effect without such parts. FIRST READING BY TITLE SECOND READING BY TITLE READ IN ENTIRETY THIRD READING BY TITLE AND ENACTED MAYOR August 16, 2021 August 16, 2021 September 20, 2021 September 20, 2021 TOWN CLERK SCHEDULE A — SIGN BY-LAW 1010.21 NUMBER OF SIGNS PERMITTED PER ZONE ZONE ONE (1) Sign Per Business ONE (1) Sign Per Business ONE (1) Sign Per Business ONE (1) Sign Per Business Residential Zones Flag Construction Sign Real Estate Sign Open House Sign Downtown Commercial Zone Facia Sign Awning Canopy Sign Under Awning Canopy Sign Projection Sign Flag Sandwich Board Sign Free Standing Sign Construction Sign Real Estate Sign Open House Sign Banner Sign Mixed Use Zone Facia Sign Awning Canopy Sign Under Awning Canopy Sign Projection Sign Flag Sandwich Board Sign Free Standing Sign Construction Sign Real Estate Sign Open House Sign Banner Sign General Commercial Zone Facia Sign Awning Canopy Sign Under Awning Canopy Sign Projection Sign Flag Sandwich Board Sign Free Standing Sign Construction Sign Real Estate Sign Open House Sign Banner Sign Highway Commercial Zone Facia Sign Awning Canopy Sign Under Awning Canopy Sign Projection Sign Flag Sandwich Board Sign Free Standing Sign Construction Sign Real Estate Sign Open House Sign Banner Sign Town of Sussex Sign By -Law # 1010-21 Page 27/27 ZONE ONE (1) Sign Per Business ONE (1) Sign Per Business ONE (1) Sign Per Business ONE (1) Sign Per Business Institutional Zone Facia Sign Awning Canopy Sign Under Awning Canopy Sign Projection Sign Flag Sandwich Board Sign Free Standing Sign Construction Sign Real Estate Sign Open House Sign Banner Sign Industrial Zone Facia Sign Awning Canopy Sign Under Awning Canopy Sign Projection Sign Flag Sandwich Board Sign Free Standing Sign Construction Sign Real Estate Sign Open House Sign Banner Sign Agricultural and Rural Lands Free Standing Sign Maximum of 3 m2 Flag Free Standing Sign Construction Sign Open House Sign Real Estate Sign Parks Zone Approved by Sussex Council Sandwich Board Sign Free Standing Sign Green Belt Zone Approved by Sussex Council Sandwich Board Sign Free Standing Sign