Markham City Zoning Code
SIGN REGULATIONS
§ 156.335 FINDING OF FACTS.
It is hereby determined that, unless regulated as specified herein, the number of signs and billboards in the city would be excessive and unduly distracting to motorists and pedestrians, would create traffic hazards and would reduce the effectiveness of signs needed to direct the public. It is also determined that the number of distracting signs and billboards ought to be reduced to minimize the aforementioned effects, and that the signs and billboards of least value to people within the city are those which carry commercial messages other than the advertisement of any product, service, event, person, institution, activity or business located on the lot where the sign is located, or the sale or rental of such lot. It is also determined that the regulations contained in this subchapter are the minimum amount of regulation necessary to achieve its purposes.
(Prior Code, § 156.270) (Ord. 85-O-1177, passed 6-5-1985)
§ 156.336 PROTRUSION OR EXTENSION BEYOND PROPERTY LINES.
In no case shall any sign or billboard protrude or extend beyond the property lines of the lot on which it is erected.
(Prior Code, § 156.271) (Ord. 85-O-1177, passed 6-5-1985) Penalty, see § 156.999
§ 156.337 LIGHTING AND REFLECTING DEVICES.
In no case shall any artificial light or reflecting device connected or used with a sign or billboard be located or displayed where such light or device competes for attention with, or may be mistaken for, a traffic signal.
(Prior Code, § 156.272) (Ord. 85-O-1177, passed 6-5-1985) Penalty, see § 156.999
§ 156.338 COMMERCIAL MESSAGES.
(A) After the ninetieth day after the amendment to this section takes effect, no sign or billboard shall contain any commercial message, except one which advertises some product, service, event, person, institution, activity or business located on the lot where the sign or billboard is located.
(B) This does not apply to signs in any C or L District that are within 660 feet of an interstate expressway, nor does it pertain to “For Sale” or “...Lease” signs in C or L Districts.
(Prior Code, § 156.273) (Ord. 85-O-1177, passed 6-5-1985; Ord. 98-O-1645, passed 6-17-1998) Penalty, see § 156.999
§ 156.339 ANIMATED AND AUDIBLE SIGNS PROHIBITED.
In no case shall any sign be animated or audible.
(Prior Code, § 156.274) (Ord. 85-O-1177, passed 6-5-1985) Penalty, see § 156.999
§ 156.340 MAINTENANCE OF STRUCTURES AFTER USE HAS CEASED.
No structure formerly used as a sign or billboard and not in use for any other purpose shall be maintained for more than 120 days after its use for a sign or billboard has ceased.
(Prior Code, § 156.275) (Ord. 85-O-1177, passed 6-5-1985) Penalty, see § 156.999
§ 156.341 SPECIFIC REGULATIONS FOR CERTAIN DISTRICTS.
Signs, in the specified districts, shall be regulated as follows:
(A) In any R District:
(1) For a dwelling unit, no sign giving the name and/or address of the land or building on which it is displayed, or the owner or lessee thereof, shall exceed one square foot in area;
(2) For a structure other than a dwelling unit, no sign giving the name and/or address of the land or building on which it is displayed, or the owner or lessee thereof, shall exceed ten square feet in area;
(3) No church bulletin board shall exceed 18 square feet in area; and/or
(4) No sign, other than a church bulletin board or house numbers, shall project into any portion of a front yard.
(B) In any C District:
(1) No sign or billboard which pertains to the use conducted within the main building on the lot shall exceed 60 square feet in area for each business establishment, or shall be displayed less than ten feet or more than 24 feet above ground level;
(2) However, if any one business establishment occupies more than 50 feet of frontage of any one street, then the total aggregate area of one face of all such signs on the premises may be increased in area at the rate of one square foot of sign area for each foot of frontage in excess of 50 feet, but the total aggregate area of one face of all such signs on the premises shall not exceed 200 square feet; and/or
(3) No sign for the purpose of selling or renting any lot or group of lots and/or any existing or proposed building or group of buildings shall exceed four square feet in area; provided, however, that, one sign not exceeding 60 square feet in area with none of its dimensions exceeding ten feet, may be displayed in connection with the marketing of any subdivision of five lots or more, or any area in excess of five acres.
(C) In any L District, the following signs shall be permitted:
(1) One sign identifying the occupant of a building or a building complex; and
(2) Signs relating to the sale or lease of land or buildings.
(D) In any C and L Districts: a sign for the purpose of selling or renting any lot or group of lots and/or any existing or proposed building or group of buildings may be erected not exceeding four square feet in aggregate area; provided, however, that, only one sign not exceeding 60 square feet in area, nor ten feet in its greatest dimension may be displayed in connection with the marketing of any subdivision of five lots or more, or any area in excess of five acres.
(Prior Code, § 156.276) (Ord. 85-O-1177, passed 6-5-1985; Ord. 99-O-1674, passed 4-21-1999) Penalty, see § 156.999
§ 156.342 EXCEPTIONS.
Sections 156.335 through 156.341 do not apply to:
(A) Any sign or billboard not visible to motorists or pedestrians on any public highway, street or alley;
(B) Any sign, traffic sign or billboard installed or maintained by the state, the county or the city; and
(C) Property in the L-1 District and adjacent to an interstate expressway. The following provisions apply to advertising signs within 660 feet of the right-of-way of I-294 or I-57, providing the zoning lot is immediately adjacent to the right-of-way and not separated from the right-of-way by any road or street incorporated within the city’s street system or otherwise by property dedicated to the city for a public purpose.
(1) Size; area. No individual sign shall exceed 40 feet in vertical measurement, nor 60 feet in total length, or be more than 1,200 square feet in area.
(2) Lighting. No sign may be erected which contains, includes or is illuminated by any flashing, intermittent or moving light or lights.
(3) Spacing. No two sign structures on the same side of I-294 or I-57 shall be erected less than 500 feet apart.
(4) Height. No advertising sign shall project higher than 120 feet above the curb level of the interstate expressway.
(Prior Code, § 156.277) (Ord. 85-O-1177, passed 6-5-1985; Ord. 98-O-1645, passed 6-17-1998)
§ 156.343 OUTDOOR ADVERTISING SIGNS ALONG EXPRESSWAYS.
The erection of outdoor advertising signs along property immediately adjoining expressway or tollway right- of-way is expressly permitted as an exception to this chapter provided the following conditions are met.
(A) The person or entity which proposes to erect the advertising billboard either owns or has a valid lease of the property upon which said sign is to be erected.
(B) The appropriate agency of the state has authorized the erection of the sign in question.
(C) The person or entity which proposes to erect the advertising billboard execute a continuing agreement with the city not to advertise products or services which offend the dignity of the citizens of the city or which constitute a violation of the health, morals or safety of the residents as determined by the Mayor in his or her sole discretion.
(D) The area in which the sign is to be erected is properly zoned for such activity.
(E) The plans for construction of the sign in question are submitted to and approved by the Building Department of the city with particular attention paid to the anticipated stresses and wind resistances required of the proposed structure.
(F) The proposed sign shall be principally visible to travelers along and upon the facing expressway and not calculated for general exposure.
(Prior Code, § 156.278) (Ord. 95-O-1538, passed 7-19-1995)
§ 156.344 “FOR SALE” SIGN PERMIT FEE.
(A) Pursuant to authority as a home rule unit of government, the city does hereby enact a “for sale” sign posting permit fee in the amount of $30 for residential property for a six-month period and $50 for commercial property for a six-month period.
(B) The sign posted shall not exceed two feet by four feet in outside dimensions.
(Prior Code, § 156.279) (Ord. 06-O-1865, passed 6-21-2006; Ord. 08-O-1913, passed 4-2-2008) Penalty, see § 156.999
§ 156.345 BILLBOARDS AND ADVERTISING STRUCTURES.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLBOARD. Any sign with an advertising surface measuring ten feet or more in length, width, height or along any single dimension.
SIGN. Any structure, display or other thing utilized in whole or part to convey or communicate a visual impression or message that advertises activities which are not conducted on the property on which they are located. Such definition includes, but is not limited to, billboards, placards, posters, flags, banners, pennants, pictures, lights, projected images, balloons, streamers and painted images.
(B) Permit required.
(1) It shall be unlawful for any person to erect, alter or relocate within the city any sign, billboard or other advertising structure without obtaining a permit from the Building Department and making payment of the required fee. In addition, all illuminated signs shall be subject to the provisions of the Electrical Code and the permit fees required thereof.
(2) An applicant for a billboard sign permit shall provide a certificate of insurance to the Building Department. The insurance shall provide public liability insurance in the amount of at least $100,000 for injuries to one person and $300,000 for injuries to more than one person and property damage insurance in the amount of at least $100,000. The billboard sign permit shall automatically be revoked if the insurance lapses. The insurance policy shall require written notice to the Building Department at least 30 days before the insurance is cancelled or materially altered.
(3) Every applicant for a sign permit to erect or alter a sign over or on public property, private property or in the public right-of-way shall file with the Building Department for each such sign, or for each premises on which signs are erected, a continuing bond in the amount of $50,000 executed by the applicant and approved surety company, conditioned to indemnify, save and keep harmless the city from all claims, damages, liabilities, losses, actions, suits or judgments which may be presented, sustained, brought or secured against the city on account of the erection or alteration of said sign, or by reason of any accident caused by or resulting therefrom.
(C) License required.
(1) It shall be unlawful for any person to maintain within the city any sign, billboard or other advertising structure without obtaining an annual license from the office of the City Clerk and making payment of the required fee.
(2) (a) Every person, firm or corporation engaged in the business of maintaining a sign shall provide evidence of either:
1. A bond in the amount of $20,000 with sureties deemed adequate by the Building Department, conditioned to indemnify, save and keep harmless the city from all claims, damages, liabilities, losses, actions, suits or judgments which may be presented, sustained, brought or secured against the city on account of the erection, alteration or maintenance of said sign, or by reason of any accident caused by or resulting therefrom; or
2. Public liability insurance that protects against claims or judgments in the amount of at least $100,000 and property damage insurance in the amount of at least $20,000 with an insurance company qualified to write such insurance under the laws of the state.
(b) Said bond or insurance shall be in force once the sign has been erected. Said person shall present evidence at least once each year that said bond or insurance is still in effect. The bond or evidence of insurance shall be held by the City Clerk.
(D) Administration and enforcement; maintenance. All signs must be maintained in a state of good repair. When the Building Department or authorized city official believes that a sign is dangerous, unsafe, has become a public nuisance, has been an abandoned or has been constructed, erected or maintained in violation of provisions of this chapter, they shall contact the owner of the sign in writing at the address listed on the application and request that the problem be repaired or corrected. If the owner has not appealed the official’s determination to the City Council or corrected the problem(s) set forth within 14 days of the date of the written notice, the city shall arrange for removal of any such sign and bill the license holder or owner of the property on which it is located for all costs of such removal. If, however, the Building Department believes the health, safety or welfare of the citizens is immediately endangered by any violation of this chapter, then the Building Department may immediately revoke any sign permit and summarily remove the sign without notice.
(E) License fees.
Sign under 100 sq. ft. | $150 (fixed) |
Sign over 100 sq. ft. (illuminated) | $1.40 per sq. ft. |
Sign over 100 sq. ft. (non-illuminated) | $1.10 per sq. ft. |
LED sign under 100 sq. ft. | $2 per sq. ft. |
LED sign over 100 sq. ft. | $2.50 per sq. ft. |
NOTES TO TABLE: Structural alteration of any sign is subject to standard permit fees. | |
(Ord. 14-O-2086, passed 3-19-2014)
§ 156.346 ROADSIDE MEMORIALS.
(A) Definitions.
(1) Commemorated event. The accident or other event that resulted in the death(s) of individuals as a result of reckless and/or impaired driving.
(2) Memorial. Any sign, object(s), other materials, or a combination thereof that are intended to recognize and/or honor individuals who have died during a commemorative event.
(3) Qualified relative. An immediate relative of the deceased, by marriage, blood, or adoption, such as a spouse, child, parent, or sibling.
(B) Memorials on public rights-of-way. Memorials erected on public rights-of-way within the City of Markham are subject to the following requirements:
(1) A qualified relative shall apply for installation of a memorial with the City of Markham prior to the erection of any memorial. Said application shall detail the proposed size, location, and duration of the memorial. The application shall be accepted so long as all other requirements are complied with.
(2) Memorials may only be erected by a qualified relative, or group thereof, within 500 feet of the commemorative event. Memorials shall not be placed in a manner that interferes with the line of sight required for drivers or by pedestrians. Memorials shall not be installed in a median on any public roadway and shall not encroach upon any roadway nor shall they be attached to any poles. No memorial shall be located in, encroach upon, or be located in such a manner as to constitute a hazard to health or safety of any person on any public right-of-way.
(3) The memorial and all individuals visiting and/or maintaining the memorial must comply with all applicable laws and regulations. The qualified relative requesting placement of the memorial shall be solely responsible for maintenance and construction of the memorial.
(4) Memorials shall not be permitted in any construction or maintenance work zone. The city shall reserve the right to temporarily remove or relocate a memorial at any time for street and/or right-of-way maintenance or construction activities or operations. The city shall provide notification of removal or change to any memorial only to those individuals who have properly applied and have received approval from the city as provided herein.
(5) The memorial and any sign contained therein shall not be larger than total a total of 12 square feet. The area of ground covered by the memorial or any items associated with the memorial (e.g. flowers) shall not be larger than 12 square feet.
(6) A memorial shall remain in place for no more than 90 days after the commemorative event and shall be subject to removal by the city after said period has expired.
(7) Any memorial that is determined to be unsafe, insecure, a menace to the public, or that has been constructed and/or is being maintained in violation of the provisions of this section or any other applicable law is hereby declared a nuisance and shall be subject to removal by the city. The city reserves the right to immediately remove any purported memorial that has not first received city-approval.
(Ord. 19-O-2244, passed 12-4-2019)