CORPORATION OF THE VILLAGE OF MERRICKVILLE

BY-LAW NO. 6 - 96

BEING a By-Law for regulating signs and other advertising devices and the posting of notices within the Village of Merrickville

WHEREAS section 210 sub-sections 145, 146, 147, 148 and 149 of the Municipal Act chapter M.45 R.S.O. 1990 as amended does authorize that the Council of a Municipality may pass By-Laws for the regulating signs and other advertising devices or any class or classes thereof and the posting of notices within the Municipality

AND WHEREAS the Village is increasingly being described as the AJewel On The Rideau@. A jewel of course, is either enhanced in appearance or made vulgar in accordance with its setting. The intention, therefore of this By-Law is to enhance the setting by making sure that the historic nature of the Village is always to the fore, supported by an active business community which is dependent upon tourism and by making use of safe, well-maintained signs which reflect the ambiance of the Village

AND WHEREAS it has been and is the intention of the Council of the Village of Merrickville, with input from all sectors of the Village including the business section, to preserve and maintain the historical character and ambiance of the Village. Also recognizing that under Provincial law the Council shall and must have consideration for and be guided by the Official Plan of the Village, as approved by the Ministry of Municipal Affairs of Ontario. This By-Law is not intended to be repressive, discriminatory nor hinder or impede any of the Rights or Privileges of its taxpayers and residents as granted by Her Majesty the Queen in the Constitution of Canada. BUT RATHER to guide and control by regulation the use of signs and other advertising devices upon the highways and other public lands of the Corporation of the Village of Merrickville as being owned by them and under their sole control as authorised and granted by the Municipal Act of Ontario to this and to all municipalities.

NOW THEREFOR the Council of the Corporation of the Village of Merrickville does enact as follows that:

1. TITLE

1.1 Short Title

This By-Law may be cited as the ASign By-Law@

2. DEFINITIONS in this By-Law

2.1 >A-board= means an A shaped sign or sandwich board which is set upon the ground and has no external supporting structure other than itself. An A- Board sign shall have no more than 2 faces parallel to each other

2.2 >Accessory or Business Sign= means a sign, symbol, trademark, structure or similar device used to identify the use pursued by the person, firm located therein

2.3 >Aggregate Area= means the total area of exposed building face that shall be used in the calculation of square metres or feet for total signage allowed and the total signage shall never exceed fifteen percent (15%) of the exposed building face

2.4 >Area= when used to describe a sign, means the number of square metres (square feet) of the surface of the sign including the border and frame, and where there is no border shall include all the area of the surface lying within the extremities of the sign. In the case of a sign having more than one face, the area of the sign shall be the total area of one face provided the faces are back to back otherwise it shall be the total of all faces

2.5 >Awning= means a covered frame of any material, which may or may not be retractable to the building wall

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2.6 >Banner= means a band or strip of material that bears advertising copy or slogan of a temporary nature normally hung in front of a building or across a highway

2.7 >Central Core Area= means those lands contained in that area designated C1 or C1-2 of the Zoning By-Law No. 23-94 as amended

2.8 >Chief Building Official= means the Chief Building Official of the Village of Merrickville or his designate

2.9 >Corporation= means the Corporation of the Village of Merrickville

2.10 >Council= means the Council of the Corporation of the Village of Merrickville

2.11 >Directory Sign= means a sign listing the services within a place of business and shall include such signs advertising business locations within buildings, services rendered within the building and the like and shall have a display on one (1) face only and in buildings with more than one entrance each entrance may have a sign

2.12 >Directional Sign= means a sign indicating a direction to be followed to attain a certain destination with only the destination and/or distance identified

2.13 >Double Faced Sign= means a sign having two sign faces, each face being of equal area and identical proportions to the other, and with each face located on the sign structure as to be exactly opposite the other

2.14 >Election Sign= means any sign advertising or promoting the election of candidates and does include a portable sign as defined herein

2.15 >Exposed Building Face= means that part of the exterior wall of a building which faces one direction and is the front wall as determined by the assessment description, the zoning by-law and the civic address and is located between the ground level and the ceiling of its top storey except mansards

2.16 >Fascia Sign= means a single faced sign located in such a manner that the sign face is parallel to the main wall or painted on the wall of the building to which it is attached and shall not project either vertically or horizontally beyond the building wall to which it is attached

2.17 >Flag= shall mean an advertising device made of material hung from a pole and may read >sale=, >open=, etc...=

2.18 >Flashing Sign= means any kind of sign blinking on and off at regular or irregular intervals

2.19 >Ground Sign= means any sign directly supported by the ground without the aid of any building or structure, other than the sign structure

2.20 >Height of Sign= means the vertical distance from the ground to the highest extremity of the sign including the border or frame. The vertical distance from the ground to the top of the letter, symbol or other part of the sign that is the highest and depth means from the outer face to the supporting face of any advertising

2.21 >Length of Sign= means the distance between the border of the frame of the sign measured horizontally and in the case of a sign without border or face, it means the horizontal distance between the first and last extremities of the lettering, symbols or other parts of the sign . . . . 3

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2.22 >Lot Line= means the division line between a street allowance and a lot, or the division line between two lots

2.23 >Luminous and Illuminated Signs=

i) Luminous Sign means a sign that is lighted by an internal source

ii) Illuminated Sign means a sign that is lighted by an external source

2.24 >Marquee= means an awning raised as a shelter from the door of a dwelling or public building toward the curb (see also 2.5)

2.25 >Menu Board= means a single sided sign secured to the side of a building or structure advertising the menu or specials of an eating establishment

2.26 >Multi-Use= building shall be deemed as a single premises see 2.31

2.27 >Mural= means any painting drawing or other graphic/visual external display applied to the exterior wall of any building or structure whether done by hand, photo reproduction, decal or transfer

2.28 >Neon Sign= means a sign whether flashing or not, that is lit by a luminous gas in tubes

2.29 >Off Premises Sign= means any sign or advertising device upon which there is displayed advertising copy describing any product or service not made, produced, assembled, stored or sold from the lot or premises upon which the sign or advertising device is located

2.30 >Overhanging Sign= means any sign or advertising device protruding beyond the lot line of a property

2.31 >Place of Business= shall mean the location where the main activity of the business or occupation is conducted from and in a Multi-use Building all businesses shall be deemed to be a single business for external signage except a directory sign as in (4.1 x) see 2.11 and each entrance may have a sign

2.32 >Portable Sign= means a temporary sign not securely anchored to the ground or to a building or structure and which by its nature or design can readily be relocated to serve the same purpose at another location. This definition includes an >A-Board= defined at 2.1 above

2.33 >Poster Panel/Billboard= means a standardised advertising sign, symbol or structure normally on pylons or other heavy support used to advertise or display

2.34 >Real Estate Sign= means a notification advising that a property is to be sold, rented or leased, and which may also indicate to whom a person should inquire with regard thereto

2.35 Roadway, street, street allowance, verge, boulevard, sidewalk, parking lane shall mean a highway - namely >from property line to property line= and shall be interchangeable

2.36 >Roof Sign= means a poster panel or billboard sign located on any roof

2.37 >Sandwich Board= see 2.1

2.38 >Sign= includes any advertising device or notice or any component part of any medium, which is used or capable of being used to attract attention to a specific subject matter but does not include the supporting frame

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2.39 >Sight Triangle= means an area free of buildings or structures, which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, a distance of 5 metres (16 feet) along each such street line and joining such points with a straight line. The triangular shaped land, between the intersecting street line and the straight line joining the points the required distance along the street lines, is the >Sight Triangle=

2.40 >Standard or Pylon Sign= means a sign supported by a (tall) structure as support for a sign such as is currently in place at the Royal Bank see 2.19

2.41 >Temporary Sign= means a sign conveying a message applicable for definable and specific limited time or related to an event of specific and short duration

2.42 >Zone or Zones= means those areas designated by a Zoning By-Law of the Corporation allowing specific uses in the defined areas

3. APPLICATION FOR PERMIT

3.1 Except as provided in section 4 hereof, no person shall erect, cause to be erected or structurally alter any sign, awning, mural or other advertising device within the Village of Merrickville without first obtaining a sign permit therefor

3.2 Prior to the issuance of a permit, an application on the prescribed form as attached in schedule >B=, for a permit shall be submitted to the Chief Building Official

3.3 The application for the permit shall be accompanied by the following information, which may be hand drawn and filed with the application:

i) completed drawings and specifications of what is to be erected or structurally altered, including, where applicable, details of supporting framework;

ii) site plans to scale, indicating location of the sign, awning or canopy on the building relative to vehicle accesses, doors, windows and other existing signs, awnings or canopies on the site;

iii) site plans, to scale, indicating the location of the sign on the site relative to street lines and other boundaries of the property and the location of the building thereon and in the case where an overhanging sign is proposed, the location of trees, hydro poles, street lights and like objects

iv) unless otherwise permitted by the Chief Building Official, site plans may be referenced to a current plan or survey, certified by a registered Ontario Land Surveyor, and a copy of such survey may be submitted

3.4 On receipt of a completed application, the Chief Building Official shall issue a sign permit provided the application is in compliance with the regulations contained in this By-Law and the Ontario Building Code Act, where applicable

3.5 Fees to be paid upon application for sign permits are set in Schedule >A= hereto

4. PERMIT EXEMPTIONS

4.1 No permit under this By-Law shall be required for the following, however all other regulations of the By-Law shall be adhered to:

i) any poster, banner, or sign of a candidate in a Municipal, Provincial or Federal election

ii) signs of a public authority, including agents of the Village iii) signs prescribed by law;

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iv) signs for public convenience (such as caution, construction or detour signs);

v) temporary signs of non-profit and/or charitable organizations;

vi) municipal exhibition or event signs;

vii) no trespassing signs 0.20 sq. metres (2 sq. feet) or less in area;

viii) interior window signs of 0.20 sq. metres (2 sq. feet) or less in area;

ix) signs of 0.20 sq. metres (2 sq. feet) or less in area identifying parking areas;

x) identification signs 0.20 sq. metres (2 sq. feet) or less in area which signs identify the owners/occupants of a building;

xi) awnings carrying no advertising and which do not overhang a public highway

xii) signs on the interior of any building which signs are not visible from the exterior of the said building and

xiii) real estate signs

5. GENERAL REGULATIONS APPLICABLE TO ALL SIGNS IN All ZONES

5.1 No sign or existing sign, its structure, temporary or permanent, awning or other advertising device shall be erected or enlarged or placed for any purpose within the Village of Merrickville, except as permitted by this By- Law and in conformity with the applicable provisions of the Ontario Building Code Act and regulations thereto

5.2 Except as otherwise provided for in this By-Law, no person shall erect or maintain any sign which projects on or over any road allowance in the Village of Merrickville unless such sign is an overhanging sign (2.30)

5.3 Persons may, with the written permission of the Corporation(follow instructions as in sec. 3.2), attach any sign, poster, hand bill, notice or advertisement to any pole, subject to obtaining the written consent of the utility company or any others owning such pole on any highway, but they shall not be attached to any living tree as such attachment may injure or kill living vegetation.

Non-profit (non commercial) and charitable organizations sponsoring an event may attach notices for a period not exceeding two weeks prior to the event and shall remove them within two days of the event=s completion. Merrickville residents may attach a notice concerning a yard sale on the day of the sale only and shall remove it in the evening when the sale is completed. No other form of sign for yard sales shall be placed on public property; see 4.1v. No person shall paint, print or impress anything on any sidewalk or roadway without permission to do so, by resolution of Council

5.4 No person shall erect or maintain any banner, stringer, or other advertising device across any road allowance, without permission to so do, by the Chief Administrative Officer upon recommendation of the Chief Building Official (application shall be made in accordance with sec. 3.2)

5.5 No person shall erect or maintain any awning attached to a building, erected so as to be suspended or projected over any sidewalk except in conformity with this By-Law

5.6 No person shall erect or maintain any sign within the area of a corner lot defined as the Site Triangle which would obscure vision

5.7 The provisions of this By-Law apply to any sign erected by the Village except when required by an upper tier level of government

5.8 Lighting of Signs- no sign with red, amber or green lighting shall be permitted within fifteen metres (50 feet) of any intersection

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5.9 Illuminated signs shall be located so as to reflect light away from adjacent premises or streets to prevent any glare or spillover effect

5.10 Luminous Signs shall not be permitted as they are not in keeping or character with the historic nature of the Village and do not meet the test of the preamble or the Official Plan of the Village

5.11 Temporary Construction Project Signs

i) Temporary signs may be erected at a construction project indicating the nature of the project and the developers, contractors, architects, engineers and related personnel or trades involved in the development of the site. The total area of all signs shall not exceed 3.0 sq. metres (32 sq. feet) and no single sign shall exceed 1.11 sq. Metres (12 sq. ft.). Such signs shall not be erected until an application for Site Plan Control Approval (if required) has been filed with the Village of Merrickville

ii) All temporary construction project signs shall be removed on or before the date of completion of the construction project to which the sign(s) are related. Completion of construction shall be deemed to be the date of initial occupancy of the project

5.12 Temporary Project Announcement Signs

One (1) temporary, announcement sign, having a maximum sign area of 3 sq. metres (32 sq. feet), announcing a development project may be erected at a proposed development site. Such announcement sign shall be removed within three (3) calendar months of the erection thereof or upon the commencement of construction of the project to which the announcement sign refers, whichever is the lesser period of time, however extensions may be granted by staff subject to appeal to the Council

5.13 Electrical Work

All electrical work for a sign shall conform with applicable regulations

5.14 Maintenance and Safety

Every sign shall be kept in good repair and in a safe and secure condition. It shall be maintained in a clean and pristine condition

5.15 Housekeeping

It shall be the duty and responsibility of the owner or lessee of any sign to maintain the immediate premises occupied by the sign in a neat and tidy condition as prescribed by and see By-Law No. 27-87

5.16 Real Estate Signs

i) No Real Estate Sign shall be affixed to any trees located on public property, utility poles (without the written consent of the utility company) or municipal standards or be erected or placed on municipal or public property (save and except signs erected by or for the Corporation). Any sign contravening the provisions of this section may be removed without notice by the Village of Merrickville

ii) In addition to I) above no real estate sign shall be affixed to any tree

iii) Except as otherwise provided herein, there shall be a limit of two (2) double faced real estate signs per property provided such signs are no closer together than 23 metres (75 feet)

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iv) All real estate signs shall comply to the size requirements in the aggregate total and no single sign shall exceed 1.11 sq. Metres (12 sq. ft.) except by resolution of Council

v) Standard open house signs shall be permitted for the day of the open house and the day prior only

5.17 Portable Signs may be permitted by resolution of the Council for specific events at the sole discretion of the Council and such application for permission shall be in writing at least thirty (30) days in advance (see sec.3.2 for method of application)

5.18 Poster Panels, Billboards and Off Premises Advertising

i) Poster Panels and Billboards are prohibited in the Village of Merrickville as they are not in keeping with the historic character of the Village

ii) Off Premises Advertising Signs are prohibited except where such signs are permitted by amendment to this By-Law

5.19 Roof Signs including mansards are prohibited except by amendment to this By-Law

5.20 Sign like devices such as newspaper dispensers, vending machines and such like shall not be permitted on Village property nor on any property in any residential zone except for Mail and newspaper delivery boxes which shall be limited to one (1) such device per property

5.21 Removal of Signs

i) Election signs erected within the municipality shall be removed by the campaign office within five (5) days following the election

ii) Any sign or appurtenance thereto which no longer advertises a bonafide business or service on the premises shall be removed within fifteen (15) days of the termination of such business or service by the owner

iii) A-Board signs located on any highway, sidewalk or allowance may, if they hinder or in any way impede the free and easy movement of pedestrians or vehicular traffic or the parking of vehicles or the opening of doors of vehicles, be removed by the Chief Building Official or his designate without notice

5.22 Signs in Violation

i) Whenever the Chief Building Official, or his designate after inspecting a sign finds such sign to be in a violation of the provisions of this By- Law, he shall notify the owner of the property and/or the owner of the sign, in writing or by causing a notice to be delivered personally to such owners, requiring them or either of them to repair, alter or change or remove such sign within ten (10) days from the receipt of such notice

ii) Where the repair, alteration or change or removal is a matter of public safety, in the sole opinion of the Chief Building Official or his designate, the Chief Building Official may give notice orally and may reduce the period within which the owner or owners has to take action to a period, which in the Chief Building Official=s sole discretion, is adequate taking into account the circumstances at the time the notice was given

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5.23 Recovery of Expenses

A copy of an invoice for any charges for removal of a sign, together with a certificate by the Clerk-Treasurer that:

i) the invoice has been sent to the persons liable to pay the same;

ii) no payment or insufficient payment has been received for the invoice; and

iii) payment of the invoice is overdue;

shall be sufficient authority to enter the amount of unpaid balances of the invoice on the Collector=s Roll (sec.326 c.M.45 R.S.O. 1990)

5.24 Abandonment

i) Neither the granting of a permit nor the approval of plans or specifications nor inspections made by the Corporation shall in any way relieve the owner, or any other person, from full responsibility for carrying out work, or having the work carried out and ensuring public safety, in complete accordance with the By-Law or any other law applicable hereto

ii) An application for a permit for any work shall be deemed to be abandoned six (6) months after the date of filing, unless such application has been diligently pursued or a permit has been reissued

iii) In the case of abandonment, all plans and specifications may be returned to the applicant

iv) Every permit shall expire, by limitation, and become null and void under the provisions of this By-Law, if the work authorized by such a permit is not commenced within six (6) months of the date of the permit issuance, or if the work authorized by such permit is suspended or abandoned, at any time after the work is commenced, for a period of six (6) months, or the sign has been removed

v) If a permit has expired pursuant to this section before such work can be commenced, the original permit shall be first renewed upon payment of the prescribed fee and upon the Chief Building Official being furnished with satisfactory proof that the plans and specifications conform with the requirements of this By-Law at the time of the application for renewal

5.25 Signs on Vehicles

Signs on or affixed to vehicles are prohibited in the Village of Merrickville except for normal commercial advertising >painted or decaled including magnetic decals= on the side >in the usual manner= save for a sign advertising the sale of the vehicle

5.26 Murals may be permitted by resolution of the Council. However; in no case shall they be allowed to form or appear to form the advertising of a business, premises or occupation as this is contrary to the historic nature of the village (this section shall not be considered as part of sec. 5.28 below)

5.27 Awnings

A permit for the erection of an awning shall be required and such awning shall be erected in conformity with this By-Law

i) All awnings shall be constructed and maintained in a condition satisfactory to the Chief Building Official ii) No part of a non-retractable awning shall be closer to the surface of any sidewalk than 2.43 metres (8 feet) nor extend more than 1.2 metres (4 feet) over any sidewalk

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iii) No part of any retractable awning shall extend more than 1.52 metres (5 feet) from the front of the building to which it is attached, and in no case beyond the curb line nor be closer than 2.43 metres (8 feet) to the surface of any sidewalk

iv) Awnings of any type shall not have advertising printed on or attached in any manner whatsoever save for the fringe

5.28 Signs or advertising may be painted on buildings when authorized by resolution of Council when it can be shown to the satisfaction of Council that such signs or advertising existed historically on the building in question (apply according to sec 3.2) this is separate from sec. 5.26 above

5.29 The following types of signs, as they are not in keeping with the historic character of the Village and may cause traffic hazards and/or visual blight are not permitted in the Village of Merrickville:

i) Flashing Signs

ii) Neon Signs

iii) Poster Panel/Billboard

iv) Pylon

v) Luminous

vi) Any representation of any kind which is pornographic, vulgar, lewd or offends public decency, as expressed in a small village community, and in accordance with the Laws of Canada and Ontario (and shall be enforced according to and by upper tier levels of government only)

5.30 The regulations contained in sections 6; 7; 8; 9; 10 and 11 are in addition to the above general regulation for specific zones

6. SIGNS IN RESIDENTIAL AREAS

6.1 There shall be no external display or advertising other than a sign not more than 0.3 sq. metres (3.2 sq. feet) on the face of the sign and not more than one (1) permanent sign per property or dwelling unit shall be permitted. Where more than one (1) business operates from the property or dwelling, all businesses shall share that one (1) sign. Bed and Breakfasts shall not be considered as one of the businesses (see 6.6 below)

6.2 All signs shall be non-illuminated and non-luminous

6.3 Signs shall be wholly within the property line of the property in which the Home Occupation is operating and attached to the building

6.4 Signs shall be in keeping with the residential character of the neighbourhood and shall not be in fluorescent colours nor shall they display any lewd or vulgar representations

6.5 No sign shall be higher at the top of the sign including the sign post than 2.13 metres (7 feet) from the ground. Such measurement shall be taken from the Village side of the property line (applicable to signs covered under sec.13)

6.6 Special provisions for Bed and Breakfast accommodations.

Signs for Bed and Breakfast shall be no larger than as stated above and all signs shall be non luminous and non illuminated and located within the property boundaries

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7. SIGNS IN THE CENTRAL CORE AREA

7.1 In the commercial zones each business may have a separate sign provided that the total area of all signs shall not exceed fifteen percent (15%) of the area of the exposed building face and each business in a multi-use building shall be part of the 15%

The following signs are permitted in the Central Core Area subject to the following conditions

7.2 Notwithstanding 7.1 above all business may share a single directory sign (such as in sec. 4.1x)) and it shall be part of the aggregate sign total

7.3 Buildings with more than one entrance shall be allowed a directory sign at each entrance (4.1x)) and these shall be part of the aggregate sign total

7.4 Fascia Signs

fascia signs may be erected for each place of business provided that such signs conform to this By-Law and the following special conditions:

i) be attached to and parallel to the main wall of the building

ii) be a minimum of 1 metre (3 feet) above the finished sidewalk

iii) project no more than 75 mm (3 inches) from the main wall of the

building

iv) not cover or project across any window opening

v) be part of the total aggregate area

7.5 Awnings

are permitted subject to the general regulations of this By-Law, see sec. 5.27

7.6 A-Signs (Sandwich Boards)

a)[1] sandwich boards may be permitted on municipal property including sidewalks or boulevards in the Village of Merrickville subject to the following conditions and regulations which are not intended to prohibit or discriminate but rather to ensure public safety and free and un-encumbered movement of persons and vehicles:

i. on any sidewalk provided that at least two person can walk abreast of each other and there is sufficient room for a third person to pass the other two without any of them having to turn sideways or step off the sidewalk onto a gutter, parking lane, boulevard or private property (a single person shall be deemed to use 28 inches of space)AND this measurement shall be taken from private property line to the nearest road edge of standard curb and gutter or the road side edge of a paved sidewalk AND poles of any kind or other permanent fixture shall not be included in the determination of sufficient space

ii. on any grassed boulevard between the sidewalk and parking allowance on the near side edge of the road provided it does not interfere with the movement of vehicles or the parking of vehicles or the opening of any door of the same

iii. only immediately in front of and adjacent to the premises occupied by the business displaying the >A= board and such >A= board shall be counted and considered as part of the 15% aggregate total signage for the building and premises in question

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a)[2] In the area adjacent to the telephone booths at the north west corner of the intersection of Main and Mill Streets, one (1) A- Sign shall be allowed for a business. (editorial note: when a directional map or signs as in a)[3] below are provided then an amendment to this by-law removing this section shall be passed)

a)[3] There shall be and is hereby made provision for directional finger board signs on poles. One pole only at intersections with Main Street East and West and at intersections with St. Lawrence Street and Mill Street as funding may become available and as more particularly described in Schedule >E= to this By-Law

b) A-Signs shall be allowed on commercial property when they are wholly within the property lines of the business concerned and they shall form part of the aggregate signage area and that they do not obstruct traffic flows (see sec. 7.6 a)[1] i for guidelines)

7.7 Overhanging Signs

Signs may be erected so as to overhang a Village sidewalk or other pedestrian walkway subject to the following provisions:

a) the maximum area of the sign shall not exceed 1.5 sq. metres (16 sq. ft) and shall be part of the calculation of the total aggregate area of the exposed building face

b) the sign shall not project more than 1.5 metres (5 feet) from any building face but; never more than the width of the sidewalk

c) the sign shall be firmly anchored to a building face

d) the sign shall not be closer to any sidewalk than 2.4 metres (8 feet) nor located above the second floor level of any building

e) the owner or person in control of a marquee, awning or sign extending into a street more than .5 metres (1 foot 7.5 inches) beyond the building line shall execute a hold harmless agreement indemnifying the Village against all loss, cost, damages or expenses incurred or sustained by or recovered against the Village by reason of the construction or maintenance of the marquee. The owner of the marquee, awning or sign shall provide proof of liability coverage.

The execution of a hold harmless agreement and the insurance certification referred to above shall be in the form prescribed by the Council and set out in Schedule >C= to this By-Law

7.8 Menu Boards

a) Menu Boards may be placed on the exposed face of a building or structure adjacent to the entrance of an eating establishment to display the menu or special(s) of the day

b) Menu Boards shall be an enclosed case with a glass type door

c) A menu board may be illuminated from inside the case so that the source of illumination does not show and the illumination only lights the menu

d) The menu board and case shall not be larger than .56 sq. metres (6 sq. ft)

e) The menu board shall form part of the aggregate total

7.9 Banners

Banners may be erected and maintained in the Central Core area subject to the following provision:

a) such banners as permitted below (a through e) shall be for non- commercial purposes only

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b) that the banner shall be firmly affixed to a building or standard both at the top and bottom

c) the banner may project over a Village sidewalk or highway from one side of the road allowance to the other

d) the bottom of the banner projecting as per b. above shall be at least 4.5 metres (15 feet) from the roadway or sidewalk to the bottom of the banner

e) no banner shall be put in place for more than twenty one (21) days preceding the event it advertises and shall be removed within five (5) calendar days following the event and a permit is required as for any type of sign

f) Notwithstanding the above (a through e) Banners on commercial premises shall be permitted in the central commercial core provided they are attached to the building only as if they were a >fascia sign= and the size of the banner shall be included in the aggregate total calculations

g) However; notwithstanding f) above on special occasions a banner on a commercial building may exceed the aggregate total for a period not exceeding twenty-one (21) days provided there is a minimum of ninety (90) days between any banner being displayed

7.10 Flags

Flags displaying the word(s) open or sale etc. shall be governed by the regulations for section 7.7 and 7.9 above

8. SIGNS IN INDUSTRIAL, INSTITUTIONAL, RURAL, HIGHWAY AND MARINE ZONES

8.1 Signs in the Highway Commercial Zone shall be governed by the regulations of the Central Commercial Core

8.2 Signs in the Marine Commercial Zone shall be governed by the regulations of the Central Commercial Core

8.3 Signs in the Institutional Zone shall be governed by the regulations of the Residential Zone area

8.4 Signs in the Industrial Zone shall be governed by the regulations for the Central Commercial Core

8.5 Signs for the Rural Zone shall be governed by the regulations for the Central Commercial Core

8.6 Signs for the Open Space Zones shall be governed by amendments to this By-Law as need may arise

9. STANDARD OR PYLON SIGNS

9.1 Standard or pylon signs shall not be allowed except for those made legal nonconforming according to the provisions of section 13

10. OUTSIDE BUSINESSES

10.1 No sign or advertising for any businesses located outside the corporate limits of the Village shall be permitted on any highway or property owned or under the control of the Corporation

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11. OTHER SIGNS AND MISCELLANEOUS

11.1 Electronic message centre signs shall not be permitted in the Village

11.2 Any other type of sign or advertising device not specifically authorized in this By-Law shall not be permitted without an amendment to this By-Law

12. ADMINISTRATION

12.1 This By-Law shall be administered by the Chief Building Official or as assigned by the Chief Administrative Officer

12.2 Requests for approval(s) as may be sited in this By-Law from time to time or for Resolutions of the Council or amendments to this By-Law shall be made in writing to the Office of the Village Clerk and may require an application for a permit as provided for in sec. 3.2 of this By-Law

12.3 Any person erecting or maintaining any sign shall in their application indemnify and save harmless the Corporation of the Village of Merrickville against any and all actions and cause of actions by whomsoever brought

12.4 Penalties

any sign in contravention of this By-Law may for the first offence be picked up and brought the Village offices and it shall be returned to the owner by the owner being notified that they may claim and pick up the sign at the Village offices. And the owner shall be given a written caution/notice that a first offence has been committed and if any further offences against the Sign By-Law are committed the sign shall only be returned upon payment of a penalty.

12.5 any sign in contravention of this By-Law shall for the second offence be picked up and brought to the Village offices and it shall be returned to the owner by the owner being notified that they may claim and pick up the sign at the Village offices upon the payment of a penalty of twenty ($20.00) dollars and if any further offences against the Sign By-Law are committed the sign shall only be returned upon payment of a greater penalty

12.6 any sign in contravention of this By-Law shall for the third offence be picked up and brought to the Village offices and it shall be returned to the owner by the owner being notified that they may claim and pick up the sign at the Village offices upon the payment of a penalty of fifty ($50.00) dollars and if any further offences against the Sign By-Law are committed the sign shall only be returned upon payment of a greater penalty

12.7 any sign in contravention of this By-Law shall for the fourth or any further offence be picked up and brought to the Village offices and it shall be returned to the owner by the owner being notified that they may claim and pick up the sign at the Village offices upon the payment of a penalty of two hundred ($200.00) dollars and if any further offences against the Sign By- Law are committed the sign shall only be returned upon payment of the same amount

12.8 Every person who contravenes any of the provisions of this By-Law is guilty of an offence and is liable to a fine not less than $100.00 and not more than $2,000.00 exclusive of costs

13. LEGAL NON CONFORMING

13.1 All signs in legal use and conforming to Zoning By-Law No. 3-79 save and except >A (sandwich) Boards= shall be and are hereby deemed to be legal non conforming as of 11 October, 1994 being the date of passage of Zoning By-Law No. 23-94 (Planning Act c. P.13 sec. 34(9) R.S.O. 1990 as amended)

. . . . 14

13.2 >A (sandwich) Boards= shall comply with the regulating provisions of this By-Law immediately. All other signs erected or placed after 11 October, 1994 shall conform, within a period of one (1) year from the date of passage hereto, to the provisions of this By-Law and to the provisions of Zoning By- Law No. 23-94 and such conformity to By-Law No. 23-94 shall apply until such time as references to signs in By-Law No. 23-94 may be repealed then only this By-Law or its successor shall apply. However; the legal nonconforming provision carried forward from By-Law No. 3-79 shall continue to apply (Planning Act c.P.13 sec 34(9))

13.3 If or when a business cease to exist for more that a period of thirty (30) days all legal nonconforming provisions are null and void (Planning Act and Case Law)

13.4 A sign may be removed or replaced for maintenance or repair provided the applicable policies of this By-Law particularly sections 6 and 7 are adhered to and the legal nonconforming status referred to above shall continue

14. PREAMBLE

14.1 The second and third preambles to this By-Law while not technically being part of the operative clauses of the By-Law shall be the overriding guide and resource when reading or interpreting any or all of this By-Law

14.2 The second and third preambles shall be deemed to be like the operative clauses 1 through 15 and the schedules as they contain the spirit and intent of the By-Law

15. REPEALS

15.1 All other Signage By-Laws of the Corporation of the Village of Merrickville are hereby repealed and all reference to signage in any other By-Law of the Corporation of the Village of Merrickville is hereby repealed save for Zoning By-Law No. 23-94

16. SEVERABILITY

16.1 Should any section or part of a section of this By-Law be declared by a court of competent jurisdiction to be invalid, the same shall not affect any other provision or section of this By-Law in whole or part thereof.

READ a first time this 22nd day of January, 1996

READ a second time this 12th day of February, 1996

READ a third and final time and passed this 22nd day of April, 1996

(Signed) E. Lorey

ACTING MAYOR

(Signed) W. T. Kirby

CLERK-TREASURER

Office compilation: including By-Law Nos. 6-96; 31-96; 16-97 and 18-97

for formal reference refer to original by-laws

CORPORATION OF THE VILLAGE OF MERRICKVILLE

To Amend

SCHEDULE AA@ TO BY-LAW NO. 6 -96

The following fees shall be paid to the Village of Merrickville upon application to erect any sign in the Village:

1. SIGNS

i) $25.00 for a sign

2. AWNINGS

i) $25.00 for each awning

3. BANNERS

i) $25.00 for each banner

EXEMPTION

These fees shall not apply to any signs as outlined in section 4

This schedule amends the fees and service charges of Schedule AA@ of By - law 6 - 96

CORPORATION OF THE VILLAGE OF MERRICKVILLE

SCHEDULE >B= TO BY-LAW NO. 6 -96

Application for a sign permit to - The Village of Merrickville, P.O. Box 340 317 Brock St.W. telephone (613)269-4791 fax (613) 269-4793

Applicant Address Phone

Owner(prop/bus.) Address Phone Heritage designated property Yes No By-Law No.

Nature of business

Designer Address Phone No variation shall be permitted from the description on the application and permit to the sign as built

Type of sign:(check all applicable)

Wood Plastic Steel Other Fascia Projecting/Overhanging

>A=Board Illuminated Awning Fabric Other

Location of sign Zone Size of sign Size of support Height of sign above ground Size of lot Existing signs?

A copy of plans for the proposed signage complete with size and location indicated must be submitted with this application. All relevant information should be provided, including wording and artwork in order to assist the Chief Building Official in his decision. Failure to provide required information will result in a delay of the application review

DECLARATION

I, the undersigned am the owner/authorized agent for the owner named in the above application and I certify the truth of all statements made herein.

I understand that the issuance of a permit shall not be deemed a waiver of the provisions of any by-laws or other regulation, notwithstanding anything included in or omitted from the plans or other material filed in support of this application.

I acknowledge that in the event that a permit is issued, any departure from the plans, specification or locations proposed in the application is prohibited and such may result in the permit being revoked. I further acknowledge that in the event the permit is revoked for any cause of irregularity or nonconformity with the by-laws or regulation, there shall be no right of claim whatsoever against the Village corporation or any official thereof and any such claim is hereby expressly waived.

And further, I hereby certify that insurance coverage is in full force and effect for the sign(s) at the subject address to a limit of liability of not less that $ 1,000,000.00. Cancellation or non-renewal of this policy for any reasons shall automatically cause the sign permit to be of no effect.

Merrickville, Ontario ,199 Signed:

Owner/Agent

Witness Date: 199 Application reviewed Date:

Zoning checked 199 Approved Date 199

Conditions

CORPORATION OF THE VILLAGE OF MERRICKVILLE

SCHEDULE >C= TO BY-LAW No. 6 -96

HOLD AND SAVE HARMLESS AGREEMENT

I/We THE UNDERSIGNED hereby covenant and agree to hold and save harmless the Corporation of the Village of Merrickville and it=s Officers, Servants and Employees from all claims or cause of action against the Corporation of the Village of Merrickville, because of or arising out of any injury or damage to property or any person of others arising from the placement of a sign or other property of the undersigned and placed on, into or above property or premises of the Corporation of the Village of Merrickville

WITNESS: OWNER OR AUTHORIZED PERSON

Signature Signature

print name print name

print address print address

if a corporation affix Corporate Seal

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CORPORATION OF THE VILLAGE OF MERRICKVILLE

SCHEDULE >D= TO BY-LAW No. 6-96

SIGN PERMIT

date of issue 199 Permit # -9

Issued Pursuant to Sign By-Law No. 6-96

Issued to:

Contractor: (if applicable)

Size of Sign: Width Length Type of Sign

Zone: Wording on Sign

Location of sign(s)

Description of Work:

Remarks:

Notes: This permit is issued for

the sign as described herein and

any deviation may cause auto-

matic revocation of this permit Issued by:

Chief Building Official / Building Inspector

The personal information collected on this permit and/or application was collected pursuant to the Municipal Freedom of Information and Protection of Privacy Act c.M.56 R.S.O. 1990 and forms part of a public record open for inspection at the Office of the Village Clerk during normal business hours