Hamilton By-law 10-197, s. 1.1 — In this By-law

In this By-law:

• “advertising device” means any object displayed so as to attract public attention to any goods, services, facilities or events, including but not limited to flags, banners and lights; “Agricultural Produce Portable Sign” means a Temporary Sign that is a freestanding sign which is typically shaped like an “A” or a “T” with one or two sign faces that is intended to direct attention to the sale of agricultural produce in an agricultural zone; “Banner” means a sign that is temporary, is capable of being readily removed and is made from cloth, plastic or a similar lightweight non-rigid material; “Billboard” means a sign that is free standing and is supported by a structure secured to the ground and which is not supported by any building or other structure, displays copy advertising goods, products, or services not sold or offered on the property where the sign is displayed and is either single faced or double faced but does not include a Digital Billboard (16-284) or Ground Sign; “Business Improvement Area” means an area designated by the City as an improvement area under the Municipal Act, 2001; Updated:
• February 22, 2022 “charity” means a registered charity as defined in the Income Tax Act (Canada) or successor legislation, which has a registration number issued by the Canada Revenue Agency, or successor agency;
• “Chief Building Official” means the person and/or his or her designate so appointed by Council pursuant to the Building Code Act, 1992;
• “City” means the municipality of the City of Hamilton or the geographic area of the City of Hamilton, as the context requires;
• “community organization” means a not for profit group of persons organized for the advancement of a civic, cultural, social, health, philanthropic or recreational purpose within the City;
• . “Construction Information Ground Sign” means a Ground Sign that identifies or provides information relating to or advertising a development or construction project;
• “copy” means the graphic content of a sign surface in either permanent or changeable letter, pictorial, symbolic, or numeric form;
• “Corrugated Plastic Type Sign” means a Temporary Sign that is secured to a light standard or other such structure with one or two sign faces and made of corplast or similar material;
• “Council” means the Council of the City of Hamilton;
• “Digital Billboard” means a sign that is free standing and is supported by a structure secured to the ground and which is not supported by any building or other structure, displays copy advertising goods, products or services not sold or offered on the property where the sign is displayed by means of a digital or electronic screen and is either single faced or double faced, (16-284) but does not include a Billboard or Ground Sign;
• “Director ” means the Senior Director of the Parking and By-law Enforcement Division of the City’s Planning and Economic Development Department and/or his or her designate or successor;
• “display ” in any form includes “erect” and “locate”;
• “driveway line” means the line forming a boundary between that portion of a property not normally used by vehicular traffic and the lateral limit of a driveway;
• “electronic message display” means that part of a sign composed of electronically controlled copy;
• “frontage” means the length of the property line of any one property parallel to and along each street;
• “General Manager” means the General Manager of the City’s Planning and Economic Development Department;
• “grade” means the average surface elevation of the finished ground below a sign;
• “Ground Sign” means a sign that is free standing and is supported by a structure secured to Updated:
• February 22, 2022 the ground and which is not supported by any building or other structure but does not include (16-284)

a Billboard or Digital Billboard; “height” means the vertical distance measured from the average elevation of the grade immediately below a sign to the highest point of the sign and includes any support structure or ornamental feature; “Inflatable Sign” means a sign that is temporary, is filled with air or gas and tethered to the ground, a vehicle or any structure and includes, but is not limited to, balloons and any other inflatable sign; “Mobile Sign” means a sign that is temporary, is capable of being readily moved from one location to another, and may be part of or attached to a wheeled trailer or frame without wheels but does not include a Temporary Sign; “New Home Development Portable Sign” means a Temporary Sign that is a freestanding sign which is typically shaped like an “A” or a “T” with one or two sign faces that is intended to direct attention to the sale of new home developments; “officer” means a Municipal Law Enforcement Officer appointed under any City by-law or any other person assigned or appointed by the Director to administer or enforce this By-law and includes a person employed by the City whose duties are to enforce this By-law; “owner of the property” means the registered owner of the property, or the person or the person’s authorized agent in lawful control of a property; “person” includes any individual, association, proprietorship, partnership, syndicate, company, corporation, firm, business, authorized agent, trustee and the heirs, executors or other legal representatives, or any combination of the foregoing; “Poster” means a printed notice conveying any information intended to be displayed for a temporary period of time and includes but is not limited to a bill, handbill, leaflet, notice or placard; “poster sleeve” means a collar or other protective covering or identifier fitted by the City to a utility pole for the purpose of displaying Posters; “Projecting Sign” means a Wall Sign that projects out horizontally from the wall more than 60 cm; “property” means a parcel of land which can be legally conveyed pursuant to the provisions of the Planning Act; “property line” means the boundary of a property; “readograph” means that part of a sign composed of changeable letters intended to convey a temporary message and which is designed or constructed so that the copy on the sign may be easily changed and rearranged mechanically not including electronically; “Sidewalk Sign” means a Temporary Sign that is a free-standing sign which is typically shaped like an “A” or a “T” with one or two sign faces; “sign” means any surface, structure and other component parts, which are used or capable of Updated:

• February 22, 2022 being used as a visual medium or display to attract attention to a specific subject matter for identification, information or advertising purposes and includes an advertising device;
• “sign area” means the entire area of the surface of a sign including the border or frame where copy may be displayed and includes any material forming an integral part of the background or used to differentiate the sign from the backdrop or building against which it is displayed. Where there is no border or frame or the sign is composed of individually installed letters, numerals or shapes, the sign area includes all of the area of the smallest polygon containing a maximum of eight right angle sides that enclose the surface of the sign or the grouping of letters, numerals or shapes;
• “sign kiosk” means a kiosk erected by the City in a Business Improvement Area for the purpose of displaying Posters;
• “sign owner” includes any person described on the sign, whose name, address or telephone number appears on the sign, who installed the sign, who owns the property where the sign is displayed, or who benefits from the message on the sign, and for the purposes of this definition, there may be more than one sign owner;
• “street” means any public highway but does not include a provincial highway;
• “street furniture” means all street related amenities and includes benches, kiosks, telephone booths, newspaper boxes, mail boxes, clocks, street lighting, transit shelters, litter containers, clothing recycling collection boxes, bicycle racks, tree guards, planters and other similar privately or publicly owned features;
• “street line” means a property line that divides a property from a street;
• “Temporary Sign“ means an Agricultural Produce Portable Sign, Corrugated Plastic Type Sign, New Home Development Portable Sign or Sidewalk Sign but does not include a Mobile Sign; “use” when used in conjunction with the words zone, residential, employment, industrial, commercial, institutional, agricultural, open space, or similar words, shall mean such uses as may be permitted under the zoning by-laws of the City;
• “vacant” means a property separately assessed that does not have any building or any occupied building thereon;
• “visibility triangle” means the triangular area formed within a property by the intersection of 2 street lines or of a street line and a driveway line or the projections thereof and a straight line connecting them 6.0 m from their point of intersection, as shown in Schedule A;
• “Wall Sign” means a sign displayed on or against a wall of a building, or supported by or through a wall of a building;
• “width” means the measurement taken at right angles to the height;
• “zone” means any land use zone established in the zoning by-laws of the City and passed under the Planning Act or any predecessor or successor Act. 2.0 TITLE, SCOPE AND INTENT OF SIGN BY-LAW Updated:
• February 22, 2022