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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 768/96

CONSOLIDATED NEWFOUNDLAND REGULATION 768/96

Highway Sign Regulations
under the
Urban and Rural Planning Act
(O.C. 96‑298)

Under the authority of section 71 of the Urban and Rural Planning Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Permit required

        5.   Control lines

        6.   Non‑application

        7.   Exempted signs

        8.   Application

        9.   Considerations for granting permit

      10.   Validity of permit

      11.   Renewal licences

      12.   Fees

      13.   Non‑compliance

      14.   Entry permitted

      15.   Violations

      16.   Appeal board

      17.   Removal of signs

      18.   Signs on private land

      19.   Prohibited sign placement

      20.   Signs not permitted

      21.   Physical requirements

      22.   Standards for individual promotional signs

      23.   Premises signs

      24.   Permissible signs

      25.   Repeal

Schedule


Short title

        1. These regulations may be cited as the Highway Sign Regulations.

4/91 s1

Definitions

        2. In these regulations

             (a)  "Act" means the Urban and Rural Planning Act;

             (b)  "appeal board" means an appeal board established under section 7 of the Act;

             (c)  "art gallery" means a gallery for the display of artistic works as defined by the Department of Municipal and Provincial Affairs;

             (d)  "authority" means the development control unit of the Department of Municipal and Provincial Affairs or another authority, council or board as may be assigned by the minister to administer these regulations in specific areas of jurisdiction designated by him or her;

             (e)  "community festival" means a special occasion throughout the province sponsored or sanctioned by a federal, provincial or municipal government for a definitive time period;

              (f)  "community welcome sign" means an advance sign erected by an incorporated municipality and shall include only the name of the community, its population, its motto or slogan and its Coat of Arms or similar device;

             (g)  "control line" means a conceptual line paralleling the centre line of the highway, at a distance perpendicular to the centre line as established under section 5;

             (h)  "craft shop" means premises whose principal use is the sale of crafts produced in the province and as defined by the Department of Tourism, Culture and Recreation;

              (i)  "eating establishment" means a building or part of a building designed or intended to be used or occupied for the purpose of serving the general public with meals and refreshments at individual tables or booths with a minimum seating capacity of 16 persons;

              (j)  "farmer and fish market" means a seasonal retail premises established for the exclusive sale of agricultural and fishery products produced in the province and includes U‑Pick operations;

             (k)  "finger board sign" means a sign, fabricated and installed by the Department of Works, Services and Transportation in Corridor No. 1 along highways, for establishments as listed in the Schedule;

              (l)  "individual promotional sign" means a sign erected in Corridor No. 2 along highways, for establishments as listed in the Schedule and to standards as designated in section 22;

            (m)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (n)  "museum" means premises used for the display of provincial and other artifacts and approved by the Department of Municipal and Provincial Affairs;

             (o)  "premises promotional sign" means a sign, located on the front of the premises, advertising the promotion of products or services provided on the premises and which are of a short duration;

             (p)  "premises sign" means an advertisement that directs attention to a business, service, industry or other activity which is sold, offered, or conducted, other than incidentally on the property upon which that advertisement is located or to which it is affixed, and shall include a sign located at the entrance to the road, other than a public road or street, leading to an establishment situated off the highway;

             (q)  "protected road" means a road designated under section 69 of the Act for the purpose of controlling development;

              (r)  "renewal licence" means a licence issued annually by the authority for all individual promotional signs erected in Corridor No. 2;

             (s)  "repeater sign" means a fingerboard sign located in Corridor No. 1 on the off highway in areas where travellers are required to make critical directional changes after exiting the main provincial highway and showing only the name and direction and distance to the establishment;

              (t)  "service club" means a corporate society or association of people which is the owner, lessee, or occupant of an establishment used solely for objects of a recreational, social or athletic nature, but not used for pecuniary gain;

             (u)  "sign", subject to section 6, means any word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, excluding those things employed wholly as a memorial, functional advertisement of local government, statutory undertakers and public transport undertakers, and includes any boarding or similar structure used or adopted for use for the display or advertisements;

             (v)  "signing corridor" means in respect to

                      (i)  Corridor No. 1 ‑ an area along the entire length of all provincial highways, 8.5 metres wide and immediately adjacent to the right hand side of the highway gravel shoulder, reserved for, in order of precedence, regulatory, warning, direction, guide and fingerboard information signs, and

                     (ii)  Corridor No. 2 ‑ areas of finite length designated by the Department of Works, Services and Transportation with the edges nearest the highway to be not less than 10 metres from the highway gravel shoulder and reserved for individual promotional signs for qualified establishments as listed in the Schedule;

            (w)  "theme park" means a development whose primary function is the provision of amusement facilities and the attraction of the public into selected areas of the province and shall include amusement parks with a minimum of 3 attractions, including golf courses, skiing operations and recreational resorts; and

             (x)  "tour operation" means a development established for the purpose of providing guided tours in areas of special interest.

4/91 s2

Application

        3. These regulations apply to all highways constructed and maintained by the Department of Works, Services and Transportation within the province.

4/91 s3

Permit required

        4. (1) A person, corporation, partnership, association or other organization shall not erect or place any type of sign within the designated control lines of any highways unless a permit for the sign has been issued by the authority.

             (2)  The erection or placement of a sign within control lines shall be carried out only in accordance with these regulations and those conditions outlined in the permit.

4/91 s4

Control lines

        5. (1) A control line is established on each side of every highway.

             (2)  Every control line shall be 400 metres distant, measured horizontally, from the centre line of the roadway.

             (3)  Notwithstanding subsection (2), within the boundaries of each incorporated municipality or the built up established areas of unincorporated communities, the control line shall be 100 metres distant, measured horizontally, from the centre line of the roadway.

4/91 s5

Non‑application

        6. The following are not signs within the meaning of these regulations:

             (a)  postings of a candidate at a federal, provincial, municipal or regional school board election;

             (b)  temporary signs relating to federal or provincial public works;

             (c)  notices required by law to be posted;

             (d)  regulatory, warning, directional, guide or informational signs erected by the Department of Works, Services and Transportation;

             (e)  signs placed by a telephone, telegraph or electric power company to indicate danger;

              (f)  a sign not exceeding 0.5 square metres advertising the sale or rent of a building or lot upon which the sign is located;

             (g)  a flag, emblem or insignia of any nation, country or province; and

             (h)  one temporary sign related to building construction located on the site on which the work is being carried out.

4/91 s7

Exempted signs

        7. The following signs do not require a permit from the authority:

             (a)  signs erected by the Department of Works, Services and Transportation within Corridor No. 1 along the highways, and relating to services provided by federal, provincial or municipal governments;

             (b)  gateway or theme route signs erected by the Department of Works, Services and Transportation in Corridor No. 1;

             (c)  fingerboard signs, including repeater signs, erected by the Department of Works, Services and Transportation within Corridor No. 1 along the highways, and relating to services for the travelling public;

             (d)  one nameplate not exceeding 0.2 square metres in area on a dwelling house, or within the curtilage of a dwelling;

             (e)  a notice board relating to the operations being conducted on the land of an agricultural holding or farm not exceeding 1.1 square metres in area;

              (f)  directional signs or notice boards on land used or specifically reserved for forestry purposes shall

                      (i)  relate to forestry operations, the location of logging operations conducted on the land, matters related to forest conservation or the prevention of fire, and

                     (ii)  not exceed 1.1 square metres in area, be located no closer than 1.5 kilometres from each other, be located beyond the back slope of a highway ditching and the face of the sign shall be orientated in a manner parallel to the highway;

             (g)  a notice board relating to operations being carried out on land used for mining or quarrying, not exceeding 1.1 square metres in area, located beyond the back slope of a highway ditching and with the face of the sign oriented in a manner parallel to the highway;

             (h)  one nameplate on a dwelling house or within the curtilage of a dwelling, not exceeding 0.2 square metres in area, relating to the office of a professional person located in it;

              (i)  one notice board on site occupied by a church, school, library, art gallery, museum, hospital or cemetery not exceeding 1.1 square metres in area placed no closer than 3 metres to a street line;

              (j)  a sign not exceeding 1.1 square metres in area indicating the location of a municipal or municipal planning area boundary, located beyond the back slope of a highway ditching, with the face of the sign orientated in a manner parallel to the highway; and

             (k)  premises promotional signs to a maximum of 3 per premises not exceeding 1.1 square metres in area and which do not adversely affect the visual characteristics of the property or affect traffic flow along the front of that site.

4/91 s8

Application

        8. (1) An application for a permit to erect a sign shall be made to the authority in the form prescribed by it.

             (2)  Every applicant shall furnish with an application made under subsection (1) those plans and specifications that the authority may require.

             (3)  Upon request, the authority shall supply to an applicant a copy of the application form and a description of the plans and specifications required to be furnished with the application.

4/91 s9

Considerations for granting permit

        9. (1) The authority may issue a permit for the proposed sign if it is satisfied that the sign conforms to the regulations and shall consider

             (a)  the topography, physical condition and natural features of the land upon which the sign is to be erected;

             (b)  the protection of the highway as a safe and convenient traffic way;

             (c)  the design, location and construction of the proposed sign; and

             (d)  the shape and size of the proposed sign and the size and type of lettering proposed.

             (2)  The authority shall consult with all government departments, municipalities, agencies, officials and persons considered necessary with respect to these considerations as well as the appropriateness of the material or copy proposed.

             (3)  The authority shall attach to a permit those conditions required to ensure that the proposed sign is made suitable for the purpose it is intended to serve and may permit development for a limited time as considered necessary.

4/91 s10

Validity of permit

     10. A permit for a sign is valid for a period of one year and failure by the applicant to initiate construction before expiration of the first permit year shall require reapplication to the authority.

4/91 s11

Renewal licences

     11. (1) All individual promotional signs shall require an annual renewal licence to be issued on the anniversary date of the expiration of the original permit.

             (2)  A renewal licence will only be issued if the authority is satisfied that the sign is maintained to its satisfaction, and conforms to the regulations and the conditions attached to the permit or previous licence renewal.

4/91 s12

Fees

     12. Permit fees and renewal licence fees will be charged for individual promotional signs as prescribed by the minister.

4/91 s13

Non‑compliance

     13. (1) The authority may cancel a permit or a renewal licence for the holder's failure to comply with these regulations or any conditions attached to the permit or renewal licence.

             (2)  Where a permit to erect a sign has been issued by the authority but

             (a)  the development relating to the sign discontinues;

             (b)  the conditions of the permit are not fully executed; or

             (c)  a permit is cancelled due to the contravention of these regulations,

the authority may order the developer or the owner to remove the sign and to landscape as necessary, and the developer or the owner shall carry out the order of the authority and shall put the site in a clean and safe condition to the satisfaction of the authority and associated government departments.

4/91 s14

Entry permitted

     14. The authority, or an inspector or person designated by the authority to administer these regulations, may enter upon any public or private land for the purpose of enforcing these regulations, and may at all reasonable times enter a building upon the land for the purpose of making surveys or inspections or obtaining information relative to the carrying out of any works which the authority regulates.

4/91 s15

Violations

     15. (1) Inspectors shall record any violations of the regulations which come to their attention, and report any infraction to the authority.

             (2)  Where a violation has occurred, the authority shall immediately notify the developer or owner of the nature of the infraction, and shall prescribe remedial action.

             (3)  If the developer or owner of a sign does not comply with a directive issued by the authority, the authority may designate the Department of Works, Services and Transportation or other person or agency to remove the sign immediately.

             (4)  The cost of removal authorized by subsection (3) is recoverable as a civil debt from the developer or owner of the sign.

4/91 s16

Appeal board

     16. (1) The appropriate appeal board as established and defined under section 8 of the Act shall determine an appeal from the decision of the authority with respect to the application of these regulations.

             (2)  A person intending to appeal to the appeal board shall deposit with the secretary of the board a notice of appeal indicating the grounds of the appeal and stating the name and address of the appellant within 30 days of the date of decision of the authority.

             (3)  The decision of the appeal board shall be communicated in writing to the appellant and the authority and is final and binding upon all parties subject only to an appeal to the Court of Appeal upon a point of law or jurisdiction.

4/91 s17

Removal of signs

     17. Notwithstanding sections 6 and 7, the authority may order the removal of, or remove at the owner's expense, a sign which in its opinion is

             (a)  hazardous to road traffic by reason of its siting, illumination or structural condition;

             (b)  detrimental to the amenities of the surrounding areas or length of highway; or

             (c)  not maintained to the satisfaction of the authority.

4/91 s18

Signs on private land

     18. A permit shall not be issued for a sign proposed on privately owned land unless the application for the permit is made by the owner of the land upon which the sign is to be erected or the written approval of the owner has been obtained by the developer.

4/91 s19

Prohibited sign placement

     19. A sign shall not be erected, posted or placed

             (a)  within, on or over a highway or street intersection unless otherwise recommended by the Department of Works, Services and Transportation;

             (b)  within 300 metres, or a distance specified by the Department of Works, Services and Transportation, of the intersection of 2 or more highways, or from the crossing of a public road with the exception of premises advertisements;

             (c)  so as to reduce sight distance not otherwise limited;

             (d)  at a location where, in the opinion of the authority, it would constitute a danger or an obstruction or might otherwise cause confusion with respect to the motoring public, traffic lights or signals, or traffic signs;

             (e)  at a location where, in the opinion of the authority, a scenic or desirable view might be obstructed or interfered with;

              (f)  at a location which is objectionable to residents of the immediate area; and

             (g)  on a sign erected by the Department of Works, Services and Transportation.

4/91 s20

Signs not permitted

     20. Signs shall not be permitted which, in the opinion of the authority,

             (a)  contain reading matter which cannot be comprehended at the posted approach speed;

             (b)  contain symbols, slogans or lighting similar to those used for traffic control and warning; and

             (c)  are illuminated or reflectorized so as to cause undue glare or distraction on the highway with respect to the motoring public, or employ high intensity reflectorized material.

4/91 s21

Physical requirements

     21. All signs including supporting structures shall

             (a)  be maintained in good and proper repair;

             (b)  be painted front and back or otherwise suitably finished or preserved; and

             (c)  be properly designed and constructed.

4/91 s22

Standards for individual pro‑motional signs

     22. Individual promotional signs shall have the following minimum standards:

             (a)  signs shall be spaced a minimum longitudinal distance of 150 metres from each other;

             (b)  signs shall be as near the left hand edge of Corridor No. 2 as possible to prevent one sign obstructing the linear sight of the subsequent adjacent sign;

             (c)  the size of the sign shall be as contained in the Schedule;

             (d)  the copy shall consist of 3 sections with the top line stating the name of the attraction, the bottom line providing the direction to the premises and the middle area of the sign, with a maximum of 3 lines of copy, providing information including the type of establishment, time period of operation, specialty, slogan, and a logo or symbol if utilized;

             (e)  the size of the lettering shall be to the minimum standards designated by the Roads and Transportation Association of Canada, Uniform Traffic Control Devices for Canada Manual, Figure 9;

              (f)  all lettering shall be placed on a solid neutral contrasting background;

             (g)  the lettering on the bottom line shall be standardized and shall conform, in type and size, to the standards established by the Department of Works, Services and Transportation for directional signs;

             (h)  signs shall not be illuminated but the lettering may be reflectorized; and

              (i)  signs shall be single sided with all information facing oncoming traffic.

4/91 s23

Premises signs

     23. (1) Premises signs shall include only the name and principal nature of the premises to which they relate and shall be limited in number to one for each establishment.

             (2)  Notwithstanding subsection (1), signs may be double faced.

             (3)  The maximum height of a premises sign located upon the lot of a development shall be 7.5 metres above the highway grade, but for any main structure under 7.5 metres the height of the premises shall not exceed the height of the main structure.

             (4)  Notwithstanding subsection (3), and subject to the approval and any conditions imposed by the authority, premises signs may be permitted upon the principal facade or roof of a building but shall not exceed 3 metres in height.

             (5)  Premises signs shall not exceed 3 square metres in area at the boundary of the premises and the highway but may be increased in size by one square metre for each 3 linear metres that the sign is set back from the boundary of the highway and the premises to a maximum of 9 square metres.

             (6)  In addition to any other sign, service stations or other premises offering gasoline or diesel oil for public sale may erect on the main frontage of the site or lot one sign up to 12 metres in height above the highway grade where, in the opinion of the authority, the physical or topographic conditions of the immediate area would affect the visibility of the sign, and the sign must be of the type and nature which is standard to the type of gasoline or diesel oil being dispensed on the premises.

4/91 s24

Permissible signs

     24. The following signs may be permitted along all highways:

             (a)  individual promotional signs located in Corridor No. 2 as listed in the Schedule with not more than one in each direction from each development or intersection, with the design, size, shape, location and material construction subject to approval and any conditions as required by the authority;

             (b)  a premises sign as described in section 23, the illumination and material construction of which shall meet the requirements of the authority having regard to the safety and convenience of the highway users and the general amenities of the surrounding area;

             (c)  a community welcome sign for any incorporated community erected behind Corridor No. 1, one in each direction along the highway, not more than 2 kilometres from the community and not more than 3 square metres in area, and including only the name of the community, its population, its motto or slogan, and its Coat of Arms or similar device;

             (d)  a placard indicating the motto, slogan, Coat of Arms or similar device of an incorporated service club of the type and nature which is standard to that club, attached to an approved community welcome sign in a manner and of a size, shape and design as required by the authority;

             (e)  a temporary sign for recreational activity located at the intersection of a road to the site with an expected duration of not more than 6 months; and

              (f)  one directional/informational sign at the intersection of a road to the site of a large industrial enterprise located off a main provincial highway.

4/91 s25; 57/95 s1

Repeal

      25. The Highway Sign Regulations, 1990, Newfoundland Regulation 4/91, are repealed.


Schedule

Signs Permitted in Highway Corridors

 

 

Corridor #1

Corridor #2

 

Type of
Establishment

Fingerboard

1.2x2.4 m Sign

1.8x3.6 m Sign

Maximum Distance off
Highway

ATTRACTIONS:

Theme Parks

X

X

X

75 km.

Craft Shops

X

X

 

15 km.

Art Galleries

X

X

 

15 km.

Museums

X

X

 

15 km.

Tour Operations

X

X

X

50 km.

Community Festivals

 

X (1)

X (1)

50 km.

Farmers/Fish Markets

 

X (2)

 

15 km.

ACCOMMODATIONS:

Hotels/Motels

X

 

 

50 km.

Hospitality Homes

X

 

 

50 km.

Cabins

X

 

 

50 km.

Campgrounds

X

 

 

50 km.

SERVICES:

Fuel Stations

X

 

 

10 km.

Eating Establishments

X

 

 

10 km.

Trailer Dumping Sites

X

 

 

15 km.

             (1)  Seasonal or temporary signs for the life of the event ‑ The sign must show the commencement and closing dates of the event and can be erected a maximum of 10 days prior to the start of the event and must be removed a maximum of 10 days after the event concludes.

             (2)  Seasonal signs ‑ The sign must not be erected more than 3 days prior to the opening of the establishment, and must be removed within 3 days from the closing of the establishment.

4/91 Sch A