BY-LAW 2010-xx

 

To amend by law 2002-94, a By-law to prohibit and regulate signs and other advertising devices and the posting of notices on buildings or vacant lots within  the Town of Markham

 

THE COUNCIL OF THE CORPORATION OF THE TOWN OF MARKHAM ENACTS AS FOLLOWS:

 

1.      That the definition of Campaign Headquarters in Section 3.0 of By-law 2002-94 be deleted and the following definition is added thereto:

 

ELECTION CAMPAIGN OFFICE means an existing building or part thereof, the use of which is provided for by the applicable Zoning By-law, where a registered election candidate’s campaign staff are normally present and the public may enter to obtain information regarding the candidate.

 

2.      That Section 4.6.1 (s) of By-law 2002-94 be deleted.

 

3.      That Section 17.0 of By-law 2002-94 be deleted in its entirety and the following substituted therefor.

 

17.0     ELECTION SIGNS

 

17.1     Time Period for Placement

Election Signs shall not be erected anywhere within the Town prior to twenty eight  (28) days before the date of the election, with the exception of designated intersections on Regional Roads as shown on Schedule G where Major Road Signs only are permitted to be erected forty two (42) days prior to the date of the election.

 

17.2     Removal of Election Signs

All Election Signs shall be removed within seventy two (72) hours after midnight of the date of the applicable election.

 

17.3     Permit & Permit Fee Requirement

No person shall erect an Election Sign on public property or on the premises of an Election Campaign Office without first obtaining a sign permit and payment of the appropriate fee as prescribed in By-law 2002-276 “Fee By-law”.

 

17.4     Public Property Restrictions

Election Signs are not permitted anywhere on public property within the Town of Markham, other than on:

 

(a)                A municipal boulevard abutting a residential lot, where the property owner of the residential lot has consented to the placement of the sign;

(b)               On a road allowance at a designated intersection shown on Schedule G;

(c)                Notwithstanding clause (a), no Election Sign shall be placed on a municipal boulevard between a sidewalk and a curb or between a sidewalk and the travelled portion of the road.

 


 

17.5     Major Road Signs

Election Signs erected on road allowances at designated intersections or on private property within the Rural Residential Area (both as shown on Schedule G) are defined as Major Road Signs in this By-law, and shall comply with the following:

 

(a)                The area of the sign shall not exceed 1.49m2;

(b)               The area of the size shall not be less than 1.0m2;

(c)                The height of the sign shall not exceed 1.22m;

(d)               The width of the sign shall not exceed 1.22m;

(e)                The sign shall be no higher than 2.0m above the ground;

(f)                 There is only one sign per candidate at any corner of a designated intersection;

(g)                No portion of the sign shall be located within three (3) metres of the curb, the edge of the travelled highway, or the shoulder of the highway;

(h)                No portion of the sign shall be located within one (1) metre of a sidewalk;

(i)                  The sign shall be placed within fifty (50) metres of the corner, but shall not be placed within the Daylight Triangle;

(j)                 Only one sign per candidate is permitted on private property within the Rural Residential Area, and the sign shall be placed within the portion of private property being maintained for residential purposes;

(k)               Major Road Signs are prohibited in Special Sign Districts (Heritage District Areas).

 

17.6     Lawn Signs

Election Signs erected on private property or on the municipal boulevard abutting the front yard in residential zones are defined as Lawn Signs in this by-law and shall comply with the following:

 

(a)        The sign may be erected only with the consent of the owner of the private property on which the sign is located or the abutting municipal boulevard;

                        (b)        The area of the sign shall not exceed 0.75m²;

                        (c)        The sign shall be no higher than 2.0m above the ground;

                        (d)        Only one sign per candidate is permitted on the residential lot

or where no sidewalk exists in the abutting municipal boulevard;

                        (e)        Where the residential lot is defined as a Flankage Lot in the

                                    applicable Zoning By-law, a second sign per candidate is                                               permitted in the flankage yard or in the abutting municipal                                         boulevard to the residential lot only;

                        (f)         Where the sign is placed adjacent to a curb or the travelled

portion of the road, the sign must be set back a minimum of 1.8m from the curb or travelled portion of the road;

                        (g)        Where the sign is placed adjacent to a sidewalk, the sign shall

                                    be set back a minimum of 0.6m from the edge of the sidewalk;

(h)        Subsection (g) does not apply when the sidewalk is less than 0.6m from the main wall of the building, in which case the sign shall be placed at the furthest distance possible from the sidewalk;

                        (i)         The sign shall independently attached to the ground;

(j)         Within Special Sign Districts      (Heritage District Areas), Lawn Signs may be placed on private residential or commercial properties and shall not be placed on the abutting municipal boulevard.

17. 7    Election Campaign Office

Each candidate is permitted the following exemptions to the Sign By-law at one designated Election Campaign Office only:

 

(a)                A single Major Road sign, displaying the words “ Campaign Headquarters” may be placed on private property where the candidate does not display any signage on a  Ground Sign permitted under the By-law;

(b)               Regular Sign By-law restrictions for the placement of signs in windows of the portion of building occupied by the candidate’s Election Campaign Office are not applicable;

(c)                Election Signs, placed pursuant to subsection(a) or (b) of section  17.7 shall not be erected earlier than 42 days prior to the Election;

(d)               The above exemptions for the placement of signs do not apply to a Election Campaign Office located in a residential or institutional zone and within the Unionville Heritage District.

 

17.8          Restrictions on Sign Placement

No Election Signs shall be displayed or erected:

 

(a)            In any park or open space area or any municipal boulevard abutting any park or open space area;

(b)           On the property of any municipal, provincial or federal building or any school, or on the municipal boulevard abutting such facilities;

(c)            On the property of a Voting Place, or the municipal boulevard abutting any Voting Place;

(d)           On vacant lands or the abutting municipal boulevard;

(e)            Attached to a fence, wall, hoarding, or any other structure;

(f)             Attached to a tree, bush, or any other form of vegetation;

(g)            Attached to a utility pole, bus shelter, traffic sign, or any other municipal infrastructure;

(h)            Within five (5) metres of a fire hydrant or bus shelter;

(i)              Within ten (10) metres of a non- residential driveway;

(j)             On any centre median, traffic island, or centre boulevard within a road allowance;

(k)           Within a Daylight Triangle;

(l)              So as to impair or obstruct movement of vehicular traffic, or the visibility of warning devices and traffic signs or signals;

(m)          Other than independently attached to the ground.

 

17.9          Fences on Municipal Boulevard

For the purposes of this By-law, all fences abutting a municipal boulevard shall be deemed to be on the property line and no Election Sign shall be erected on the fence.

 

 

READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS

         DAY OF                , 2010.

 

 

 

_________________________________      ________________________________

K. KITTERINGHAM, TOWN CLERK          FRANK SCARPITTI, MAYOR