Advertising and Signs Bylaw

This Bylaw is to ensure that advertising signs are erected, and displayed in such a manner that they do not present hazard, obstruction, or danger to the public safety.

The Council consulted on the proposed Advertising and Signs Bylaw in 2017, 38 submissions were received during the consultation.

The Council has now adopted the Bylaw after hearing the submissions and debating the options on the 19 September 2017. The new bylaw can be viewed below and is effective from 1 December 2017.


1  Title

1.1 This bylaw is the Thames-Coromandel District Council Advertising and Signs Bylaw 2017.

2  Commencement

2.1 This bylaw comes into force on 1 December 2017.

3  Application

3.1 This bylaw shall apply to the entire Thames-Coromandel district unless specified otherwise in this bylaw.

Explanatory note:

This bylaw is not the only legislative document relating to advertising and signs. Nothing in this bylaw derogates from any duty, power or responsibility arising from any other Act, regulation, bylaw or rule.

In particular, this bylaw should be read in conjunction with bylaws relating to Public Places along with relevant Council policies.

Words which refer to the singular include the plural and the plural includes the singular.

Reference to any Act or provision of any Act includes any amendment to that Act or any Act passed in substitution for it.  Areas of control prescribed by this legislation including the Local Government Act 2002, Reserves Act 1977, Land Transport Act 1998, the Government Roading Powers Act 1989 and, Electoral Act 1993 outline some of the powers and requirements of the Council. They are not necessarily repeated within this bylaw, relevant Acts should be read in conjunction with it.

Any resolution of Council may be amended, rescinded or reinstated by a further resolution of Council.  The most recent resolution of Council shall be the operative resolution.  A power for the Council to make a resolution includes the power to amend or revoke the resolution or to revoke it and replace with another.

This Bylaw also recognises the need to advertise businesses and promote commerce, activities and events in the District.

Notes in italics are for information only and are not part of this bylaw.

PART 1

PRELIMINARY PROVISIONS

4  Purpose

4.1 The purpose of this bylaw is to:

  • Ensure that advertising signs are erected, maintained, and displayed in such a manner that they do not present a hazard, obstruction, or danger to public safety.

5  Defintions

5.1 In this bylaw, unless the context requires otherwise:

Act refers to the Local Government Act 2002.

Authorised Officer means any person appointed or authorised in writing by the Chief Executive or by Council to act on its behalf and with its authority.

Chief Executive means the person employed by Council as the Chief Executive of the Council for the time being.

Council means the Thames-Coromandel District Council.

Directional signs in relation to real estate signs, means publicly visible signs providing direction to a building or land that is available to the public for inspection for the purpose of sale, lease, rent or auction.

Event means an organised temporary activity or occasion and includes but is not limited to an organised gathering, parade, protest, wedding, or private function (which is independent of premises), outdoor market, meeting, festival, gala, carnival, filming, concert, celebration, sports competition, including fun run, marathon, duathlon or triathlon.

Park means any park, reserve or recreational area under the control of the Council.

Permitted activity has the meaning given in section 2 of the Resource Management Act 1991.

Person includes any individual, a corporation, a body corporate and an unincorporated body.

Portable or movable sign means any sign which is intended to be movable or capable of being moved, whether or not on wheels or other special supports, including but not limited to sandwich board or “A frame” type signs. Portable or movable signs also include flags, placards, signs, banners or similar devices attached to vehicles for advertising purposes, unless such devices are an integral part of such vehicle used in the normal course of business.

Publicly visible sign means signs on or visible from a road or place.

Real estate sign means publicly visible signs that is advertising for sale, lease, rent or auction the whole or part of land or premises.

Reserve has the meaning assigned to that term under section 2(1) of the Reserves Act 1977.

Road has the meaning assigned to that term under section 2(1) of the Land Transport Act 1998 and its amendments.

Road frontage means the extent of a property boundary adjoining a road.

Sign means any symbol, display or device intended to attract attention which is visible from outside the site. It includes those affixed to, painted on, protruding beyond the face of a wall, fence, building, structure, or incorporated within the design of a structure or building. It also includes any structure erected specifically to support or enhance the sign.

Structure means something built, constructed or installed by people. It excludes vegetation, earthworks, and minor gardening structures that can be easily removed by hand.

Traffic control device as defined in the Land Transport Rule: Traffic Control Devices 2004 means a device erected by, or at the direction of, a road controlling authority used on a road for the purpose of traffic control; and includes any:

a.    Sign, signal, or notice;

b.    Traffic calming device (method to slow traffic);

c.     Marking or road surface treatment.

Vehicle has the meaning given in the Land Transport Act 1998.

Verandah signs means a publicly visible sign on a verandah including any side, frontage (fascia) or under a verandah, portico, balcony or awning over a road including a footpath or other public place.

PART 2

PUBLICLY VISIBLE SIGNS

6. Requirements applying to all pubicly visble signs

6.1 A person must not use a public place to display or fix any signs, on any Council controlled property except with the prior written approval of Council.

6.2 A person must not erect or display any publicly visible sign that does not comply with the requirements of this bylaw and any othe applicable rules or controls approved by the Council (including but not limited to, policies, plans, bylaws or consents) or under any enactment, regulation or code, including the control measures in the Schedules to this bylaw listed below:

Schedule 1 - Additional controls for signs contained within specified areas.

Schedule 2 - Additional controls for portable and moveable signs.

Schedule 3 - Verhandh signs.

Schedule 4 - Real estate signs.

6.3 A person must not erect or display any publically visible signs unless it is placed, secured, braced, anchored, constructed, affixed or displayed in such a way that it does not  or is likely to cause an obstruction or endanger public health or safety.

6.4 Any public visible sign must be maintained in such a condition that it does not become unsafe, structurally unsound, or endanger public health or safety.

6.5 A person must not display any publicly visible sign that:

a. Obstructs, onscures or impairs the line of sight of any corner, bend, intersection, vehicle crossing, pedestrian crossing, or view of any traffic control device;

b. Obstructs or hinders the safety or movement of persons or vehicles using the footpath or any other part of the road;

c. Resembles, or is likely to be mistaken, a traffic control device;

d. Is directed at a person driving a vehicle on a road and cannot be read safely by such a person travelling at the legal speed limit of the road.

e. Uses any method of illumination that may adversely affect traffic safety, including but not limite to, reflective materials, lasers, flashingor revolving lights.

6.6 To avoid doubt, compliance with this bylaw does not remove the need to:

a. Comply with all other applicable enactments, regulations, standards, bylaws, codes, rules in a district plan, reserve management plan prepared under the Reserves Act 1977, park management plan prepared under the Local Government Act 2002, conditions of resource consents or building consent,

b Obtain consent or permission from a relevant authority in its capacity as landowner or manager or controller of land, for the display of a sign on that land.

7.  Responsibility for publicly visble signs

7.1 In the absence of proof to the contray, the owner, occupier and manager of any premises or property on which publicly visible signs are displated are deemed jointly and separately responsible for compliance with this bylaw.

8.  Content of signs

8.1 A person must not display, place, or allow to remain in place or on display any publicly visible sign that:

a. is discriminatory or advocates discrimination based on one or more of the prohibited grounds of discrimination in the Human Rights Act 1993;

b. is objectional within the meaning of the Films, Videos and Publications Classification Act 1993; or

c. incites or counsels any person to commit any offence.

9.  Additional controls for event signs

9.1 Event signs must be removed no later than 10 working days after the event.

10. Additional controls for real estate signs

10.1 Real estate signs must comply with the control measures for real estate signs in Schedule 4 of this bylaw.

10.2 Real estate signs must be located within the boundary of the property to which it relates, or flush on the wall or fence of that property except if the proerty does not have direct road frontage in which case signs may be displated on the grass berm of the road reserve immediately adacent the property.

10.3 Clause 10.2 does not apply to:

a. Real estate directional signs, so long as that sign complies with the control measures for directional real estate signs in Schedule 4 of this bylaw, or

b. Real estate flags or banners attached to or secured by a vehicle during the time of an open home or on site auction, so long as that sign complies with the control measures for real estate flags or banners in Schedule 4 of this bylaw and clause 6.5 of this bylaw.

PART 3

ENFORCEMENT POWERS

11. Compliance with this bylaw

11.1 The Council may use its powers under the Local Government Act 2002 to enforce this bylaw.

11.2 In addition to the powers conferred on it by any other enactment Council may, pursuant to section 163 of the Local Govenment Act 2002, remove or alter signage constructed or displayed in breach of this bylaw and may recover any costs of removal or alteration from the person who committed the breach.

11.3 Every person who breaches this bylaw commits an offence.

PART 4

EXEMPTIONS

12. Exemptions

12.1 A person may apply in writing to the Chief Executive for an exemption from requirements of this bylaw and the Chief Executive may grant the exemption with any conditions it considers appropriate. An application for an exemption will only be granted if the Chief Executive is satisified that granting the exemption will not significantly prejudice the achievement of the prupose of this bylaw. Circumstances where an exemption may be considered include but are not limited to:

a. the sign is in substantial compliance with the bylaw and futher compliance is unnecessary;

b. a requirement in the bylaw is unreasonable or inappropriate in the particular case; or

c. events have occured that make compliance with a requirement in the bylaw unnecessary or inappropriate in the particular case.

12.2 This bylaw does not apply to traffic, emergency services, network utility operators, direction, information, and naming signs erected by or with the approval of the council, to signs indicating hazardous substances used at a hazardous facility, to signs erected pursuant to any statue or regulation, or to signs which require resource consent. This bylaw does not effect any conditions placed on signs by a resource consent.

12.3 Signs, other than portable signs, lawfully established through a resource consent prior to this bylaw coming into force may remain in place for the period of any approval granted for that sign without breaching this bylaw and may reparied, altered or maintained, providing that such work does not increase its physical size or the extent of non-compliance with this bylaw and provided that the sign does not endanger public health or safety.

PART 5

OFFENCES AND PENALTIES

13. Bylaw breaches

13.1 A person who fails to comply with this bylaw commits a breach and is liable to a penalty on conviction under the Land Transport Act 1998 or the Local Government Act 2002.

SCHEDULES

SCHEDULE 1 ADDITIONAL CONTROLS FOR SIGNS LOCATED WITHIN SPECIFIED AREAS

Additional controsl for signs located within the Residential Area (Coastal living, Extra & Low Density Residential, Residential, Village and Waterfront Zones)

Type Placement Size Number permitted
Free standing sign Must be inside the property boundary to which the sign relates. Maximum height above ground level of 3.5 metres.
Maximum combined sign/s area 3 square metres Maximum 1 per premise
Flat mounted wall sign Can either be affixed to a building, boundary wall or fence to which the sign realtes. Maximum height above ground level 3.5 metres.
Protuding sign Must not protude more than 1 metre from the connecting wall. Maximum height above ground level 3 metres. Maximum height above ground level of 8 metres. Maximum size of 2 square metres. Maximum of 1 per premise.

Free standing sign means publicly visible sign that is fixed on or into the ground and tha tis standing on its own, independent of any building or sructure for its primary support.

Flat mounted wall sign means publicly visible sign that is attached to, painted onto, or protruding beyond the face of, a wall, fence or building.

Protruding sign means publicly visble signs that are attached to, or projecting beyond the face of, a wall, fence of building.

Additional controls for signs located within the Industrial and Commerical Areas,  Industrial, Light Industrial, Marine Service and Commerical, Gateway, Pedestrian Core Zones

Type Placement Size Number permitted Minimum text size in millimetres (mm) for message letters
Free Standing Sign Must be inside the property boundary to which the sign relates. Minimum distance from intersection. <70km/h - no minimum distance, 70km/h - 149 metres, 80km/h - 181 metres, 100km/h - 253 metres. Maximum height of 8 metres, and up to 3 metres in width. 70km/h - Spaced up to one per 60 metres of road frontage. 80 km/h - Spaced up to one per 70 metres of road frontage. 100km/h - Spaced up to one per 80 metres of road frontage. 70km/h main - 200, secondary - 100. 80km/h man - 250, secondary - 125. 100km/h main - 300, secondary - 150.
Flat wall mounted sign* Can either be afficed to a building, boundary fence or wall on or within the front yard boundary fence or wall to which the sign relates. Minimum distance from intersection 70km/h - 149 metres, 80km/h - 181 metres, 100km/h - 253 metres. Maximum height of 3.5 metres, and up to 3 metres in width. 70km/h - Spaced up to one per 60 metres of road frontage. 80km/h - Spaced up to one per 70 metres of road frontage. 100km/h - Spaced up to one per 80 metres of road frontage. 70km/h main - 200, Secondary - 100. 80km/h main - 250, secondary - 125. 100km/h main - 300, secondary - 150.
Protruding Sign Must not protrude more than 1 metre from the connecting wall or structure. Minimum height above ground level of 3 metres. Maximum height above ground level of 8 metres. Maximum size of 2 square metres. Maximum of 1 per premise.  

* Signs which are incorporated into the design of a building are exempt from conditions relating to flat wall mounted signs.

Free standing sign means publicly visible sign that is fixed on or into the ground and tha tis standing on its own, independent of any building or sructure for its primary support.

Flat mounted wall sign means publicly visible sign that is attached to, painted onto, or protruding beyond the face of, a wall, fence or building.

Protruding sign means publicly visble signs that are attached to, or projecting beyond the face of, a wall, fence of building.

Rural and Recreation Areas (Rural, Rural lifestyle, Recreation Active & Passive, Open Space and Airfield Zones)

Type Placement Size Number permitted Minimum text size in millimetes for message letters
Free standing sign Must be inside the property boundary to which the sign relates. Minimum distance from intersection 70km/h - 149 metres. 80km/h - 181 metres. 100km/h - 253 metres. Maximum height of 6 metres, and up to 3 metres in width all zones. 70km/h - Spaced up to one per 60 metres of road frontage. 80km/h - Spaced up to one per 70 metres of road frontage. 100km/h - Spaced up to one per 80 metres of road frontage. 70km/h main - 200mm, secondary - 10mm. 80km/h main - 250mm, secondary - 125mm. 100km/h main - 300mm, secondary - 150mm.
Flat wall mounted sign Can either be affixed to a building, boundary fence or wall on or within the front yard of the property to which the sign relates. Minimum distance from intersection 70km/h - 149 metres, 80km/h - 181 metres, 100km/h - 253 metres. Maximum height of 3.5 metres, and up to 3 metres, and up to 3 metres in width. 70km/h - Spaced up to one per 60 metres of road frontage. 80km/h - Spaced up to one per 70 metres of road frontage. 100km/h - Spaced up to one per 80 metres of road frontage. 70km/h main - 200mm, secondary 100mm. 80km/h main - 250mm, secondary - 125mm. 100km/h main 300mm, secondary 150mm.
Protruding sign Must not protrude more than 1 metre from the connecting wall or structure. Minimum height above ground level of 3 metres. Maximum height above ground level of 8 metres. Maximum size of 2 square metres. Maximum of 1 per premise.

 


 

70km/h – Spaced up to one per 60 metres of road frontage

80km/h – Spaced up to one per 70 metres of road frontage

100km/h – Spaced up to one per 80 metres of road frontage      

Free standing sign means publicly visible sign that is fixed on or into the ground and tha tis standing on its own, independent of any building or sructure for its primary support.

Flat mounted wall sign means publicly visible sign that is attached to, painted onto, or protruding beyond the face of, a wall, fence or building.

Protruding sign means publicly visble signs that are attached to, or projecting beyond the face of, a wall, fence of building.

SCHEDULE 2 ADDITIONAL CONTROLS FOR PORTABLE AND MOVABLE SIGNS

Board sign (including sandwhich boards) Flag sign (inclduing teardrop style) Number premitted
Maximum height from the ground of 1.2 metres high and the base 0.6 metres wide x 0.6 metres deep. Maximum total height from base to top of the sign: 2.5 metres. Maximum of 1 board sign per business or commerical activity. Maximum of 2 signs of any kind per business or commercial activity (1 may be a board sign). A business or commercial activity without direct or ground floor frontage may have 1 additional sign of any type directing people to the business or commerical activity, providing the sign complies with other requirements of this bylaw and does not cause an obstruction or endanger public health or safety.

 

SCHEDULE 3 VERANDAH SIGNS

When placed on side or frontage (fascia) When placed under verandah (hanging) Number permitted
Minimum ground clearance of 2.7 metres. Must not protrude beyond the edges of the connecting structure. Must not have a projecting thickness exceeding 25 centimetres from the connecting structure. Must hang at 90 degrees to the wall to which the vernadah is attached. Minimum height clearance above ground level of 2.7 metres. Maximum thickness of 25 centimetres. The end of the sign must be at least 50 centimetres inside the external edge of the connecting structure. Maximum of 1 on each side or frontage (fascia) of the verandah. Maximum of 1 hanging underneath the verandah.

SCHEDULE 4 REAL ESTATE SIGNS

Type Placement Size Duration in place Number permitted
Boards Must be inside the property boundary or on the property fence to which the sign relates. Properties without direct road frontage may display signs on the grass berm of the road reserve immediately adajacent to the property. Maximum sign area if signle agency of 1.8 square metres. Maximum sign area if multi-agency of 0.6 square metres (per sign). Maximum height above ground level of 2 metres. Must be removed within 10 working days of the sold notification being placed on the sign. 1 per agency.
Boards for auctions and tenders Must be inside the property boundary or on the property fence which the sign relates. Maximum sign area if single agency of 9 square metres. Maximum sign area if multi-agency of 3 square metres (per sign). Maximum height above ground of 3.5 metres. Must be removed within 10 working days of the sold notification being placed on the sign. 1 per agency.
Flags or banners for open homes and auctions Must either be on the property or secured to a parked vehicle directly outside that property so long as the flag/banner does not protrude from the side of the vehicle on the road side or pavement. Maximum total height of 2.5 metres from the base to the top of the sign. May only be displayed for the day of the open home or auction. (Must be removed on the same day as the open home/auction). 1 per agency.
Directional signs for open homes and auctions At a maximum of 6 signs leading to the property (1 of these signs may instead be outside the property). Maximum height of 2.5 metres from ground level. May only be displayed for the day of the open home or auction. Must be removed on the same day as the open home/auction. Maximum of 6 per property to which the open home/auction relates.