Outdoor Advertising By-law, 2024


Cape Town
South Africa

Outdoor Advertising By-law, 2024

To regulate the use of land and buildings for outdoor advertising and signage and for matters incidental thereto; to repeal the Outdoor Advertising and Signage By-law of 2001.

Preamble

WHEREAS section 156(2) and (5) of the Constitution of the Republic of South Africa, 1996 provides that a Municipality may make and administer by-laws for the effective administration of matters which it has the right to administer, and to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions;Whereas in terms of Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996, the City has legislative competence relating to Billboards and the display of Advertisements in public places;AND THEREFORE, BE IT ENACTED by the Municipal Council of the City of Cape Town as follows:—

1. Definitions

In this By-law, unless the context otherwise indicates:Advertisement” means any representation of a word, name, letter, figure or object or an abbreviation of a word or name, or any symbol or any light which is not intended solely for illumination or as a warning against any dangers and “advertising" has a similar meaning."Aerial sign" means a sign that is displayed or performed in the air, including but not limited to balloons and blimps that are tied to buildings or other structures located on a premises and which can be viewed from within the City's area of jurisdiction."Appropriately qualified person or practitioner" means a person or practitioner who has professional qualifications, training, skills or experience relevant to outdoor advertising and can give authoritative assessment, advice and analysis relative to outdoor advertising using literature, established protocols or objective standards and methods."Approval" means approval by the City or by its officials, sub-councils, or committees.Areas of control” means a classification of different landscapes, areas, sites and drives, and reflects the degree of control such as maximum, partial and minimum control, to be applied to these receiving environments as set out in Schedule 1."Authorised official" means an employee of the City responsible for carrying out a duty or function or exercising any power in terms of this By-law and includes any employee delegated to carry out or exercise the duty, function or power.Balcony” means a platform enclosed by a wall or balustrade on the outside of a building, with access from an upper-floor window or door.Banner” means any material upon which a sign is displayed in such a manner as to be fully legible in windless conditions, tied to one or more ropes, poles (excluding City street light poles) or flagstaffs projecting vertically, horizontally or at an angle, or tied to buildings or special structures, but excludes banners carried as part of a procession."Billboard" means any screen or board which stands free and is larger than 4.5m2 in total advertising area; which is supported by, or consists of, a structure used, or intended to be used, for the purpose of posting, displaying or exhibiting a third party sign."Candela" means the standard SI (per Second Luminous Intensity) unit of luminance intensity relating to the illuminating power of a light source in a given direction.City” means the City of Cape Town, a municipality established by City of Cape Town Establishment Notice No 479 of 2000, issued in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and includes any structure or employee, representative or agent thereof, acting in connection with this By-law by virtue of a power vested in the City or such delegated authority.Clear height”, in relation to a sign, means the vertical distance between the lowest edge of the sign and the natural level of the surrounding ground, footway or roadway immediately below the sign."Coastal zone" means 'coastal zone' as defined in the National Environmental Management: Integrated Coastal Management Act, 2008 (Act 24 of 2008)."Commercial advertising" means any words, letters, logos, figures, symbols, or pictures relating to the name of a business, trade, partnership, individual, or any information, recommendation or exhortation: in respect of any particular goods manufactured or sold, or any particular services rendered or offered, or any event for commerce or entertainment, including sporting events."Commercially sponsored sign" means a sign which advertises goods or services; but the erection of which has a secondary purpose, which is to promote or contribute to some recognised public or community goal, function or event."Common boundary façade" means any façade of a building which is built abutting a rear or side boundary of an erf and which fapade is blank, meaning having no architectural features, including windows or any other openings.Composite sign” means a single freestanding sign structure for the display of more than one advertising sign.Construction site sign” means a temporary sign containing locality bound or third party advertising displayed on a construction site hoarding, scaffolding, scaffold mesh screen, scaffolding wrap, self-climbing protective screen or freestanding locality bound sign, but excludes property marketing signs and contractors' boards."Continuing offence" means when a person convicted of an offence under this By-law who, after conviction, continues with the conduct in respect of which he or she was so convicted."Contractors' board" means a temporary sign that is displayed at premises on which building operations, laying of fibre cables, plumbing, electrical, garden landscaping, irrigation, repairs or any other improvements that are being undertaken or are in progress and which advertises only the name, contact details and type of service or product offered and undertaken by the contractor at the premises."Custom-made design" means the unique design of any sign, which is exclusively designed and constructed for erection in its location and must contain at least one of the following elements:(a)special effects such as specialist character cut-outs but excluding LED strip lights where these are the only special effect;(b)specialist character shapes;(c)three dimensional presentations; or(d)moving parts."Designated arterial road" means a Class 1 Principal Arterial, Class 2 Major Arterial or Class 3 Minor Arterial road as depicted on the Road Masterplan contained in the City of Cape Town Comprehensive Integrated Transport Plan, as amended from time to time."Development board" means a developer’s temporary sign displayed at premises which has an approved building plan for a proposed development describing the type of development to be carried out or being carried out and may include a pictorial representation or description of the proposed development, the pricing and the name and contact information of the developer, the financial services provider and/or the property marketing agent."Display" means the display of a sign and includes the erection of any Billboard, sign or structure intended solely or primarily for the support of a sign or Billboard; and, in addition, includes the display of a sign of a business, trade partnership or individual connected with the contents of the sign or the sign itself, and “displayed” has a corresponding meaning."Drone" means a remotely piloted unmanned aircraft excluding model aircraft and toy aircraft."Electronic sign" means a sign which is electronically controlled and displays static, simple transition advertisements, animation, other special effects, words, symbols, figures or content, that are digitally or electronically changed by remote or by automatic means at different intervals but excludes a projected sign."Electronic screen" means an electronic visual display device for the presentation of images, text, or video transmitted electronically or for any live streaming or broadcasting. Electronic visual displays include television sets and computer monitors.Environment” means the receiving context in which a sign is proposed and includes all natural areas as well as areas and structures modified or built by humans, including biodiversity and natural resources, cultural heritage and visual amenity, aesthetics and all factors affecting human health and the quality of human life."Event" means—(a)any sporting, recreational or entertainment event, including live acts;(b)any educational, cultural or religious event; or(c)any non-profit event, including any conference, organizational or community event."Existing sign" means any sign erected with or without approval from the City.Flat sign” means a sign which is affixed to, projected, pasted or painted directly onto a wall of a building but not onto, or over, windows or doors or architectural articulations and which at no point projects more than 250mm in front of the surface of such wall, or a sign engraved or moulded into and forming an integral part of the fabric of a building, or a sign affixed flat onto a boundary wall.Freestanding sign” means any sign or group of signs contained or displayed on one freestanding structure that is not attached to a building or to any structure or object that is not intended to be used for the primary purpose of advertising.Graphic” includes but is not limited to any component which contributes to the visual appearance or aesthetics of a sign, including its background."Heritage Resources Assessment" (HRA) means an impact assessment on cultural heritage, including a visual assessment considering any impacts of the proposed sign on heritage resources, streetscapes and views."Inflatable sign" means any sign, the display of which is to some extent reliant on pumped air or gas."Internally illuminated sign" means a structure used to display an advertisement which has been installed with electrical or other power and an artificial light source which is fully or partially enclosed within the structure or sign and which light is intended to illuminate the advertisement or a portion thereof, and “illumination” and “illuminated” have a similar meaning."Lamp pole swivel banner" means a temporary banner displayed by means of a swivel hinged bracket mounting system, erected on street light poles and which advertises functions, events or campaigns or is used for electioneering campaigns or voter registration purposes."Law" means any law, by-law, proclamation, ordinance, Act of Parliament or Provincial Legislature, or any other enactment having the force of law."Locality bound advertising" means any sign displayed on a specific erf, premises or building, which sign refers to the name of the premises or building, the name or logo of the business being carried out on or from that erf, premises or building, or an activity, product, service or attraction, rendered or provided on or from that erf, premises or building."Light spillage" means lighting from a light source that illuminates a sign but which light falls outside the area of the sign that is intended to be illuminated."Loose portable sign" means a freestanding sign not permanently fixed and not intended to remain fixed in one position, either loose standing or held for display."Luminance" means a measure of how bright an illuminated sign area appears to the human eye and is measured in candela/m2."Multi-use building" means a building or site used for both residential and any additional non-residential purposes."Newspaper headline poster" means a temporary poster advertising the contents of a daily or weekly newspaper that is on sale."Non-profit body" means a body established primarily to promote a community goal or benefit without direct or personal financial gain; and may include educational, sporting and medical bodies, City departments, as well as charities or community organisations.Non-residential building” means a building wherein no portion is occupied or used for human habitation whether temporary or permanent."Organ of state" means—(a)any department of state or administration in the national, provincial or local sphere of government; or(b)any other functionary or institution—(i)exercising a power or performing a function in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any other legislation."Overall height" in relation to a sign, means the vertical distance between the uppermost edge of the sign and the finished level of the ground, footway or roadway immediately below the centre point of the sign."Perimeter of an intersection" means the perimeter of the area embraced within the prolongation of the road reserve lines of two or more public roads that join one another at any angle, whether or not one such public road crosses the other."Person" includes—(a)any organ of state;(b)any company incorporated or registered as such under any law; and(c)any body of persons, whether incorporated or not, functioning as a single entity for whatever purpose."Posters" means temporary signs capable of being attached to City street light poles or pasted to fixed structures to advertise events or campaigns of limited duration, including elections or referenda or which posters are used for electioneering campaigns or voter registration purposes, excluding advertising posters for the same event being held on a permanent or a regular basis of more than two days per month."Projected sign" means any sign projected by a laser projector, video projector, or other apparatus but excludes electronic and digital signs.Projecting sign” means a sign which is affixed to a wall of o building and which at some point projects more than 250mm in front of the surface of such wall."Property marketing agent" means a person who markets and sells properties with or without buildings erected thereon and “Property Marketing Agency” has a corresponding meaning."Property marketing sign" means a sign displaying information relating to the marketing, selling, auctioning or letting of immovable property to which the advertisement on the sign relates and includes estate agent signs, auctioneer signs and property marketing directional signs or boards."Public façade" means any façade that has windows, openings or other architectural articulations, which is either a street-facing façade or any other façade set back from a side or rear erf boundary, and which contains designed elevations or which façade is blank."Public place" means any public road, public parking area, public street, thoroughfare, bridge, subway, footway, foot pavement, footpath, sidewalk, (or similar pedestrian portion of a Road Reserve), lane, square, open space, garden, park, beach or enclosed place vested in the City, or other state authority or indicated as such on the Surveyor General’s records, or utilized by the public or zoned as such in terms of the applicable zoning scheme."Public road" means a public road as defined in the National Road Traffic Act, 1996 (Act 93 of 1996).Residential building” means a building or portion of a building or site designed for human habitation whether temporary or permanent, and includes, but is not limited to dwelling houses, dwelling units, flats, guest houses, bed and breakfast establishments, boarding houses, hotels, rooms to let, self-catering units and hostels."Road Authority" means the municipal or provincial government department responsible for administering a road within a given jurisdiction."Road reserve" means the area contained within the statutory width of a road, and includes roadways, shoulders and sidewalks and the airspace above such roadways, shoulders and sidewalks and all other areas within the road reserve boundary including reserves in respect of unmade roads."Roadway" means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic as defined in the National Road Traffic Act, 1996 (Act 93 of 1996)."Roof sign" means a sign affixed to a roof of a building where the top edge of any point of that sign does not exceed the height of the roof plane to which it is affixed."Scenic Drive" means a road or drive designated as such on either an approved zoning map or within the Municipal Spatial Development Framework, from which landscapes or features of aesthetic or cultural significance can be seen or viewed as designated by the City from time to time."Security sign" means an outdoor sign for a—(a)neighbourhood watch;(b)street committee;(c)central improvement district; or(d)security service;and which sign may only contain the name, logo, address and telephone number of the above scheme or service."Service station facility signs" means freestanding signs at petrol filling stations, roadside rest and service areas and service station pylon signs."Signage Impact Assessment" (SIA) means an assessment carried out in order to determine whether a proposed sign has the potential to be detrimental to or negatively impact on the environment, whether artificial or natural which includes among other aspects, the social, visual, heritage and traffic safety impacts of the proposed sign."Signage masterplan" means a submission with drawings, text, and specifications setting out the specifics of the location, arrangement, illumination, and conceptual type and design of signs to be erected and/or existing signs on premises or within a particular area."Shop" means a building used for retail trade or services."Sign" includes but is not limited to—(a)an object;(b)a structure;(c)a mural;(d)a product replica;(e)a logo;(f)a device or board;(g)a Poster;(h)a Banner; or(i)a Lamp Pole Swivel Bannerwhich is used to display an advertisement, or contains an advertisement, or which is in itself an advertisement and "signage" has a corresponding meaning."Sign structure" means any structure or part thereof, including but not limited to a frame, stand, pole, fabric, board, fastenings, brackets or lighting device, which is used to support or display a sign, whether this is its primary function or not and “advertising structure” has a corresponding meaning."Signalised traffic intersection" means an intersection controlled by traffic signals."Sky sign" means a sign where the top edge of any point of that sign exceeds the height of the roof plane to which it is affixed."Sponsored sign" means a sign, the primary purpose of which is not to advertise goods or services but which displays a graphic or content which promotes community or public awareness of a recognised public or community goal."Street name signs" means pole-mounted, double-sided, internally illuminated or unilluminated signs not exceeding 1m2, incorporating advertising, displayed in combination with names of streets."Street furniture" means City owned public facilities and structures which are not intended primarily for advertising and includes, but is not limited to, seating benches, planters, bins, pole mounted bins or bag dispensers, bus shelters, sidewalk clocks, drinking fountains, telecommunication boxes, wi-fi hubs, interpretive maps and signs, traffic signal controllers, electricity boxes, but excludes road traffic signs, traffic signals, street light poles, or any other road-related structures.Sub-council” means a metropolitan sub-council established in terms of Section 3 of the City of Cape Town: Cape Town Sub-council By-law, 2003 as amended.Temporary public art” means artwork or design elements that are temporarily located in a public space and may take various forms, including but not limited to sculptures, paintings, murals, mosaics, land art, photography and digital technologies.Temporary signs” means signs which are displayed for a maximum period of 14 consecutive days, or such other period as may be approved by the City upon application."Thickness" in relation to a projecting sign, means the width of such sign measured parallel to the plane of the wall to which such sign is affixed."Third party advertising" means a sign advertising goods or services that are not produced, sold, performed or provided, from the property on which the advertisement is displayed and this includes advertising which is not locality bound."Three dimensional sign" means a sign containing more than 2 dimensions, including product replicas."Traffic Impact Assessment" (TIA) means an assessment carried out by a registered Traffic Engineering Practitioner with demonstrable experience in the field of traffic engineering that investigates the impact a proposed sign may have on motorist/pedestrian/cyclist safety and traffic operation in accordance with the City’s guidelines for outdoor advertising as may be published by the City from time to time.Traffic sign” means a road traffic sign as described in the National Road Traffic Act, 1996 (Act 93 of 1996)."Traffic signal" means a road traffic signal as described in the National Road Traffic Act, 1996 (Act 93 of 1996)."Transit advertising" means advertising on or in conjunction with a motorized vehicle or non­motorized vehicle whether such vehicle is of standard design, custom-made, or has been purposely built to accommodate a sign, and, includes watercraft such as boats or other vessels that travel on water whether motorised or not or trailers primarily used for advertising purposes.Transportation terminals” means areas designated by the City as such, where the formal interchange of modes of public transport by the public takes place, including, but not limited to, designated railway stations, official taxi terminals and bus terminals."Vehicular advertising" means advertising on motorised or non-motorised vehicles, which are primarily moving on land including but not limited to bicycles, taxis, buses, and delivery vehicles but excluding vehicles primarily used for advertising purposes."Verandah" means a roofed platform along the outside of a building, level with the ground floor and includes a cantilevered canopy and sunblind."Window signs" means locality bound signs which are temporarily or permanently painted, sandblasted, pasted, attached, written on or displayed behind the window glass of shopfronts or commercial, office, industrial, or entertainment units to which window signs relate and do not extend over the window frames, bars, mullions, transoms, sills or lintels of the window in question.

2. Objects of this By-law

The purposes of this By-law are to—
(1)regulate outdoor advertising in the jurisdiction of the City of Cape Town to ensure that it respects the integrity of any site on which it is displayed, and does not negatively impact on the character of the locality in which it is displayed. In this regard, the protection of visual, tourist, traffic safety, environmental and heritage characteristics are key considerations;
(2)create economic opportunities by improving the ease of doing business with the City, reducing red tape and providing for a number of signs that do not require applications to be submitted before they are erected;
(3)address the regulatory gap created by the introduction of digital and electronic signage technologies and promote the use of such creative technologies;
(4)determine areas of control to deal with the dynamics between the type of the sign, the sign itself and where it is to be located; and
(5)set out the procedures to be followed and the criteria to be used when seeking approval for a sign constituting outdoor advertising in the City of Cape Town.

3. Signs exempt from this By-law

The following signs do not require the City’s prior approval in terms of this By-law:
(1)Information signs which are also tourism destination road signs as defined in the Southern African Development Community Road Traffic Signs Manual (SADC RTSM) and the South African Road Traffic Signs Manual (SARTSM).
(2)Signs required to be displayed in terms of law, including road traffic signs erected in terms of any law.
(3)National, Provincial or Local Government public works project boards.
(4)Signs which are not visible from an outdoor public place.
(5)Signs displayed inside an enclosed space such as a stadium or inside a shopping centre and shopping mall.
(6)Advertising on clothing.
(7)National flags hoisted on suitable flag poles, provided that no commercial advertising is added to either the pole or the design of the flag.
(8)Murals and artwork which do not advertise or are not signs in themselves and which are approved in terms of the City’s public artwork permitting system.
(9)Signs identifying a private residential property's name, street number or street name only.

4. Signs prohibited in terms of this By-law

The following signs are not permitted in terms of this By-law:
(1)Signs on towers, including, but not limited to, cooling towers, water towers and silos; on cranes, overhead gantries, road side gantries, telecommunication masts, and pylons.
(2)Signs on or over a bridge except when in respect of a temporary event where the roads have been closed and consent has been obtained in terms of the City’s event permitting processes.
(3)Signs and products for commercial events, including promotions, marketing and launching of products and services on or distributed from City land, buildings and infrastructure.
(4)Electronic screens, television sets and computer monitors which are visible from any public place except when in respect of a temporary event where the roads have been closed and consent has been obtained in terms of the City’s event permitting processes.
(5)Walking advertisements, walking sandwich boards containing advertisements and hand held signs.
(6)Signs which are displayed for commercial advertising purposes on or in conjunction with:
(a)remotely piloted drones or model aircraft in the air;
(b)any craft, buoy, platform or boat on water in the coastal zone; and
(c)trailers, except as provided for in Schedule 15,
if visible from any public place, whether the sign is on the move or not.

5. Submission of applications

(1)Other than those signs referred to in Section 12, no person shall display any advertisement or erect or use any sign or sign structure for advertising purposes without approval in terms of this By-law and in terms of any other applicable law.
(2)Every person intending to display a new sign or to alter or to add to an existing approved sign; or submitting a signage application or signage masterplan in terms of this By-law, or submitting an application for a temporary building as envisaged by the provisions of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), confirming the structural safety of the proposed sign and its foundations, shall apply in writing or electronically to the City on the prescribed application form, which application must be accompanied by the following information:
(a)A site plan showing the site on which it is proposed that the sign be erected or displayed, drawn to a scale of not less than 1:200 showing clearly and accurately the position of the sign and the building, if any, to which it is to be attached and showing every building and the existing signs on the site, existing and proposed landscaping, traffic signals and road traffic signs, and the positions, with dimensions, of the sign and the sign in relation to the boundaries and building line restrictions and any servitudes registered over the site and the location of the streets abutting the site.
(b)A drawing, which complies with the requirements of the National Building Regulationsand Building Standards Act, 1977 (Act 103 of 1977) and has sufficient detail to enable the City to consider the appearance of the sign and contains all relevant construction details, including a description of the materials of which the sign is to be constructed, the colours to be used, and whether or not the sign is to be illuminated; and if the sign is to be illuminated, the plan shall indicate whether or not the sign is an electronic sign and, if so, full details shall be furnished in terms of Section 5(2)(i) below.
(c)The drawing referred to in Section 5(2)(b) above shall include detailed drawings of such sign to a scale of not less than 1:50 and a site plan indicating the position of the sign on the site to a scale of not less than 1:200.
(d)When the graphics of an approved third party fixed graphic sign or custom-made design sign are to be changed, at any stage during the approval period, the new graphic must be submitted to the City to check for compliance with the original conditions of approval, prior to the display thereof.
(e)When only the graphics of an existing approved locality bound sign, whether encroaching or not, are to be changed at any stage, no graphic compliance check or written approval from the City is required prior to the display thereof.
(f)If a sign is to be attached to or displayed on the wall or façade of a building, the City may require the submission of an additional drawing showing an elevation of the building in colour, the details and position of the proposed sign and the details and the position of every existing sign on the building drawn to a scale of not less than 1:100, or the City may require a coloured print of a photographic or computer generated impression of the building with the details of the proposed sign superimposed on such graphic and drawn as nearly as is practicable to the same scale as that of the graphic.
(g)The City may request such additional drawings, calculations and other information as is necessary to enable the City to establish the adequacy of the proposed means of securing, fixing or supporting any proposed sign, advertisement, or Billboard and its ability to resist all loads and forces to which the sign, advertisement, or Billboard may be exposed and the sufficiency of the margin of safety against failure.
(h)If the applicant is not the registered owner of the property on which the sign will be erected, the applicant shall obtain the signature of the registered owner or owners of the land or building on which the sign is to be erected, or power of attorney from such owner or owners indicating their knowledge of and consent to the application.
(i)If the proposed sign is an electronic sign or is to be internally illuminated, the following information will be required:
(i)full details of all supporting structures, installation details and full electronic screen specifications which must be shown on scaled dimensioned drawings;
(ii)if larger than 4.5m2, a request for a waiver to a larger size in terms of section 8(4)(h) must be submitted together with the signage application;
(iii)for any sign larger than 4.5 m2, the City may require the submission of a Signage Impact Assessment, Heritage Resources Assessment, a Traffic Impact Assessment or any other impact assessment that the City may deem necessary, conducted by an appropriately qualified person or practitioner and such assessments should recommend any mitigating measures that may be required as a result of any impacts that are identified.
(j)If the proposed sign or any part thereof or an associated light fixture is to encroach over or onto an abutting property or properties, permission from the owner or owners of such abutting properties for the intended encroachment is required and may also be required where the sign or light fixture would encroach onto or over City property.
(k)In the case of sponsored signs by or on behalf of non-profit bodies, documentary proof from the host non-profit body must be submitted showing the nature and extent of the benefit to be received from the erection and display of the sign.
(l)Documentation requirements in terms of Section 5(2)(a) to (c) above, may be waived or amended by the City in respect of the following signs:
(i)Newspaper Headline Posters;
(ii)Banners, Flags, Balloons, Inflatables and Lamp Pole Swivel Banners;
(iii)Posters;
(iv)Directional Property Marketing signs and Temporary Property Marketing signs up to 0.3m2 in size; and
(v)Loose Portable signs,
which are to be displayed in accordance with the provisions of Schedules 9, 10, 11, 12 and 13 and subject to the requirements set out therein.

Pre-scrutiny

(3)Application pre-submission scrutiny and completeness checklist
(a)Applications for Schedules 2 to 17 sign types, and those which do not comply upfront with the conditions set out in Section 12 will be pre-scrutinised, prior to fee calculation, which process forms part of a multi-stage process.
(b)Applications must pass the pre-submission scrutiny and completeness checklist before a formal application may be processed further.
(c)As the first stage of a multi-stage process, an application will undergo a pre­submission scrutiny and completeness check to determine, prior to fee calculation, whether—
(i)it is complete and complies with the requirements pertaining thereto as contained in Sections 5 and 7;
(ii)it complies with the requirements of any applicable sections and schedules;
(iii)it is in conflict with any provision of this By-law but is capable of being rectified; and
(iv)it is in breach of a non waivable provision of this By-law and therefore cannot be rectified.
(d)The City must, within 7 working days of the receipt of an application inform the applicant of—
(i)the outcome of the pre-submission scrutiny and completeness checklist;
(ii)any deficient aspects to be rectified; and
(iii)any additional or outstanding information required.
(e)An applicant must rectify any deficient aspects of an application and must provide any additional information required by the City within 21 working days of notification of the outcome of the above pre-submission scrutiny and completeness checklist.
(f)An application will not be considered complete and processed further unless it passes the pre-submission scrutiny and completeness checklist.
(g)Once a pre-submission scrutiny and completeness checklist has been passed in writing by the City, and an invoice for payment of the prescribed application fee has been issued, the application will be processed further. Should the prescribed application fee not be paid within 21 calendar days of the invoice being issued, the application will be returned to the applicant and the application closed.
(h)Where an application is determined to be in breach of a non-waivable provision of this By-law as per Section 5(3)(c)(iv) above, it will be refused and the applicant will be advised accordingly.
(i)Where the application does not pass the pre-submission scrutiny and completeness checklist in terms of Section 5(3)(d)(ii) or (iii) above, for reasons of any deficient aspects needing to be rectified or any additional or outstanding information required, the applicant must rectify such deficient aspects or provide such additional or outstanding information within 21 working days of notification of the outcome of the above pre-submission scrutiny and completeness checklist.
(j)The passing of the pre-submission scrutiny and completeness checklist by the City does not oblige the City to approve a formal application for the sign in question, nor does it create any legitimate expectation in this respect.

Applications which have passed pre-submission scrutiny and completeness check

(4)Despite the provisions of Sections 5(6) and (7) below, the City may at any stage require the submission of a Signage Impact Assessment, Heritage Resources Assessment or a Traffic Impact Assessment, or any other impact assessment that the City may deem necessary. Such assessments—
(a)are to be conducted by appropriately qualified persons or practitioners;
(b)should recommend any mitigating measures that may be required as a result of any impacts that are identified; and
(c)may be required by the City to be preceded by a heritage, visual or traffic safety checklist.
(5)If in the City's opinion, the public or a portion thereof, or a person may be affected by the proposed sign, the City may notify such affected party in writing of the application or require that such affected party be notified in writing by the applicant and be provided with a period of 21 working days within which to make written representations to the City. The City may also require the placement of a notice on the proposed site and in local newspapers in order to invite comment from interested and affected parties.
(6)The City must notify the applicant of any additional requirements it has, within 21 working days of the date of submission of the application and payment of the application fee.
(7)An applicant must submit any additional requirements to the City within 21 working days of being notified of such additional requirements, provided that this time period may be extended at the request of the applicant where additional studies or specialist information will take an applicant longer to complete.
(8)The City will retain a copy of every document supplied to it as part of an application.
(9)In the case of an application for a sign, including a sign structure which exceeds the size, height and weight according to Table 1 below, such sign structure is deemed to be a temporary building and an application must be submitted and an approval obtained in terms of the National Building Regulations and Building Standards Act, (Act 103 of 1977) for a temporary building.

Table 1 – Signs which require temporary building approval in terms of the national building regulations

Sign typeHeightWeightSizeRequirement
Schedules 2 & 3Third party Billboards and Locality bound Freestanding signs> 2.4m overall≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 4Flat, Projecting, Projected and Window signsN/A≥ 25 kilograms≥ 10m2Upon appointment of a Structural Engineer
Schedule 5Sky signs> 1,5m≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 6Locality bound Roof signs (only for structures)> 1,5m≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 7Signs on a Verandah, Balcony, Canopy, Supporting Columns, Pillars and PostsN/A≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 8Signs on Boundary Walls and Fences, Construction Site signs and Development Boards> 2.4m overall≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 10Advertising on Banners, Flags, Balloons, Inflatables and Lamp Pole Swivel BannersN/A≥ 25 kilograms≥ 10m2Only if affixed to scaffolding - appointment of a Structural Engineer
Schedule 12Directional Property Marketing signs, and Temporary Property Marketing signs (larger than 0.3m2 in size)> 2.4m overall≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 16Signs on City owned land and buildings> 2.4m overall≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer
Schedule 17Signs erected by or for the benefit of non-profit bodies> 2.4m overall≥ 25 kilograms≥ 4.5m2Upon appointment of a Structural Engineer

Signage masterplan

(10)
(a)The City may require and approve a signage masterplan in respect of any development, new or existing, where the erection of numerous signs is proposed or the rationalisation of previously approved signs is required on a consistent design masterplan prior to assessment of any individual sign.
(b)The signage masterplan must set out the specifics of the location, arrangement, type and design of signs to be erected on a premises or within a particular area. In addition—
(i)The advertisement concessionaire, property owner or relevant City department responsible, must submit the signage masterplan indicating compliance with the requirements of this section.
(ii)The masterplan will be evaluated taking into account the general requirements and factors in this By-law.
(iii)Approval of a masterplan may include specific conditions applicable to the signage display which may not exceed such shape, height, numbers, illumination limits, energy efficiency and alternative energy source requirements, duration of display or sign size as stipulated in such masterplan approval
(iv)Section 5(2) (d), (g), (k) and (l) documentation requirements may be waived by the City in respect of signage masterplans.
(c)Signage masterplans may be subject to public consultation in terms of Section 5(5) above.

6. Charges and general factors in considering approval or amendments to conditions of approval

Charges

(1)Every person who applies to the City for approval in terms of this By-law must, on making application, pay to the City an application fee as determined by the City in terms of the City's approved Tariffs and Charges.
(2)On approval of an application for a third party sign, an approval and monitoring fee as determined by the City in terms of the City's approved Tariffs and Charges must be paid.
(3)No sign shall be erected until such time as both the application and approval and monitoring fees have been paid in full.
(4)The City will determine the applicable annual encroachment fee in terms of the City's approved Tariffs and Charges published from time to time, which is payable when a sign projects so as to encroach more than 50mm over City land.

General factors

(5)In considering an application for the display of an advertisement or the erection of a sign in terms of this By-law, the City shall have regard to the following factors:
(a)The area of control in which the proposed sign is to be erected or displayed as set out in Schedule 1 of this By-law. Provided further that, if a sign falls into more than one possible area of control or if a proposed sign site located in one area of control may impact on an adjacent area of control, the City may determine the area of control pertaining to that application;
(b)The type of locality, landscape and the advertising opportunities pertaining to that area of control;
(c)The number of advertsing signs already displayed or proposed to be displayed on the erf and in the area surrounding the erf concerned;
(d)The existing or proposed lighting on the erf;
(e)The findings of any Traffic Impact Assessment, Signage Impact Assessment, or Heritage Resources Assessment and specifically the findings as to whether the proposed sign will be detrimental to the environment or adversely affect the amenity of the locality or surrounding neighbourhood or affected properties;
(f)Locality bound signs must relate to the lawful use of a property provided that no such sign shall be affixed to, or placed, on residential buildings or portions thereof, other than permitted for home occupation, building names and legal temporary uses;
(g)The outcome of any process of public consultation regarding the proposed sign;
(h)The provisions of Sections 7 and 8;
(i)Compliance with, and the ability to comply with specific conditions pertaining to specific sign types set out in Schedules 2 to 17, and with the specific conditions set out in Section 12;
(j)Where a building, structure or part thereof has or is being erected in such a way that the City has reasonable grounds to believe that its primary purpose is to accommodate the display of a sign, the City may regard the building, structure, or part thereof, to be a sign or sign structure which falls within the ambit of this By-law, notwithstanding the fact that other legislation may also apply to such building or structure;
(k)The City may not approve a sign or advertisement that—
(i)will constitute a danger to any person or property;
(ii)will be detrimental to the environment or amenity of the surrounding neighbourhood by reason of either its size, intensity, frequency, illumination, quality of design, material, proposed graphic, locality or for any other reason;
(iii)will obscure any other signs approved in terms of this By-law or its predecessor and which approvals are still valid;
(iv)will be detrimental to or otherwise negatively impact on the environment, whether artificial or natural;
(v)will obstruct views or the observation of an area under surveillance by a close circuit TV camera, or its equivalent; and
(vi)will display any material or graphic which, whether in form, content or both, may reasonably be expected to cause offence to the public or an identifiable class of persons.
(l)In considering new graphics in respect of a fixed graphic sign or custom-made design sign, the City will have regard to the original conditions of approval prior to the display thereof;
(m)The City will only consider an application for a further approval period in terms of Section 10(5) (b) on condition that the said sign complies with the provisions of this By-law as at the date of application for such further approval;
(n)The City will have regard to the factors referred to in Section 5(3)(a) to (j) in assessing an application for a further approval period in terms of Section 10(5) (b); and
(o)Any application for a further approval period in terms of Section 10(5)(b) will be subject to the payment of an application fee and an approval and monitoring fee as set out in Section 6(1) and (2) above.

7. Factors relating to specific signs, commercially sponsored signs and areas of control

(1)The City shall, in addition to the factors set out in Sections 5, 6, and 8 apply specific standards and requirements to specific sign types and proposed localities when an application for approval is made in respect thereof. The standards and requirements applicable to these specific sign types are set out as Schedules to the By-law.
(2)The City will also apply specific criteria to applications for the erection of signs by non-profit bodies and commercially sponsored non-profit body signs. These specific standards and criteria are set out in Schedules 16 and 17.
(3)Schedule 1 to this By-law indicates the areas of control in which specific sign types may be permitted, subject to approval in terms of this By-law and furthermore subject to any additional requirements pertaining to a specific sign type as set out in the Schedules.
(4)Three areas of control are applied in this By-law namely maximum, partial and minimum areas of control. The potential for outdoor advertising and the sign types to be considered are therefore determined by permitting certain sign types in certain areas of control. Control measures are applied by means of approval or refusal, and by means of general and specific conditions and requirements.
(5)The City may develop and amend an areas of control map to graphically display the following insofar as it relates to outdoor advertising or signage:
(a)zoning;
(b)where nodes or areas have been rezoned;
(c)where roads or routes have been declared as scenic drives;
(d)where roads or routes have been designated as prohibited routes; or
(e)any other circumstances.
(6)The City may grant an exemption from the terms of this By-law in respect of the sign types or areas of control set out in Schedules 9, 10, 11 and 12 having regard to—
(a)the area of control where it is proposed to display the sign/s;
(b)the nature of the event, campaign or circumstances;
(c)the duration of the erection and display of the sign;
(d)the size of the proposed sign;
(e)any traffic safety, signage impact or heritage resource assessment; or
(f)the outcome of any public consultation process.

8. Standard requirements for assessment and standard conditions for approval

(1)The requirements and conditions contained in this section are applicable to all applications and approvals in respect of all signs, including but not limited to the specific sign types set out in Schedules 2 to 17 and Section 12. In the event that a Schedule or Section 12 contains a more specific requirement or condition, the more specific requirement or condition will be applied.
(2)Structural requirements
(a)All signs shall be properly constructed and shall be secure and where the requirements of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977) are simultaneously applicable, the application must be accompanied by the affixing details as required in Section 5(2)(b).
(b)Notwithstanding any temporary building plan approval under the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977) for a temporary building, being the sign structure, such sign structure may only be utilised if there is a valid signage approval in place which has been granted in terms of this By-law.
(c)Signs less than 4.5m2 may require the submission of a structural engineer’s appointment form.
(d)The owner of the sign structure, the media owner, and the owner of the property or building to which a sign is attached or on which it is erected, shall be jointly or severally liable for the maintenance of the sign and sign structure and shall undertake at least two inspections per year as to the safety thereof.
(e)Where any sign becomes torn or damaged or otherwise falls into a state of disrepair, the owner of the sign structure, the media owner, or the owner of the property or building to which a sign is attached or on which it is erected must effect such repairs or replacement as may be specified in a compliance notice served by the City within a timeframe specified therein.
(f)All signs and their support structures shall be constructed of durable materials suited to the function, nature, duration and safety of the sign.
(g)All glass used in a sign, other than glass used in the illumination, must be safety glass of at least 3mm thick.
(h)Glass panels used in a sign must not exceed 0.9m2 in area, each panel being securely fixed in the body of the sign, structure or device independently of all other panels.
(i)Every sign and its support structure shall be kept in a state of good repair.
(j)No sign may be placed covering any window, or any opening provided for ventilation of a building or obstruct any stairway or doorway or other means of exit from the building, or prevent movement of people from one part of a roof to another.
(k)No advertising structure shall be closer to overhead electrical equipment than the minimum distance as prescribed in the Occupational Health and Safety Act, 1993 (Act 85 of 1993) and regulations promulgated in terms thereof.
(3)Electrical requirements
(a)All signs needing an electrical connection must be supplied from the existing electrical supply on the erf where it is to be erected. If this is not possible, application for a metered electricity supply must be made to the relevant authority.
(b)Every sign in respect of which electricity is used, shall be fitted with suitable capacitors to prevent interference with radio and television reception.
(c)Each power cable and conduit containing electrical conductors in respect of a sign shall be so positioned and fixed so that it is safe, unseen, inaccessible, child tamper-proof and animal-proof.
(d)Each interior high-voltage installation that runs unattended (such as a window display) and each exterior high-voltage installation shall have an acceptable type of fireman’s switch in accordance with the requirements as stipulated in SABS 0142 1993 promulgated in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993) and which requirements may be amended from time to time.
(e)In the case of signs on or encroaching onto or over public land, approved wayleave permissions or permits must be obtained from the relevant City service departments or custodians of such land or any other relevant stakeholder for:
(i)working near any existing services or other infrastructure on aproposed sign site; and
(ii)any excavations, planting of poles, foundation structures or the driving of stakes deeper than 150mm into the ground, including where signs are to be erected in the vicinity of overhead power lines;
and such signs must comply with the safety conditions imposed by such wayleaves, permissions or permits.
(4)Illumination requirementsIlluminated signs may be approved provided that the following provisions of this By-law are complied with:

Illumination and energy efficiency requirements

(a)Illumination must be designed to ensure maximum energy efficiency including one or more of the following:
(i)the use of an alternative energy source, including solar or wind generated power;
(ii)low energy lamps and automatic dimmers;
(iii)day-night brightness sensors; and
(iv)automatic on-off timer switches.
(b)Signs may not be illuminated if no graphic or sign content is displayed.
(c)Temporary signs may not be illuminated unless so permitted in the specific rules for the applicable sign type or as set out in the relevant Schedule.
(d)Illumination may not cause undue light spillage. In addition—
(i)All light sources must be shielded with a full cut-off solid barrier.
(ii)The angle of beam spread must be controlled to prevent light spillage beyond the advertisement area of the sign.
(e)Brightness of illuminated and electronic signs must have a proportional relationship to the ambient lighting conditions and full bright sunlight may warrant full luminance on internally illuminated or electronic signs to achieve legible contrast.
(f)The City may at any stage during an approval period by notice to the holder of an approval—
(i)limit the times a sign may be illuminated or the luminance thereof;
(ii)require the installation of light sensors that detect the luminance of ambient light from outside; or
(iii)require the installation of automatic dimmers to—
(aa)reduce daytime illumination to 60% luminance for efficiency;
(bb)reduce night and overcast conditions’ illumination to between 2% and 10% of maximum daytime luminance or other controls on candela, lumens or wattage of such illumination; or
(cc)amend, vary or adjust the illumination requirements pertaining to any sign in response to complaints received by the City of light spillage or a nuisance created in this regard and/or when the relevant Road Authority deems the luminance to be a potential road safety hazard.
(g)The City may at any time, after the erection of an approved internally illuminated or electronic sign, require the owner of such a sign to commission a specialist study to determine the recommended luminance of the sign incorporating any guideline that may be issued by the City from time to time, and to submit such study to the City. The City may require the owner of the sign to immediately adjust the luminance of the sign to a revised luminance level following consideration of such study.

Requirements for internally illuminated and electronic signs

(h)Internally illuminated and electronic signs containing either locality bound or third party advertising may be displayed in all urban areas of control and may be displayed up to a maximum size of 4.5m2. This size restriction may be waived to a larger size, subject to Section 5(2)(i)(i) to (iii) and;
(i)following the consideration of assessments of the impact on road and traffic safety, heritage resources, scenic resources, residential amenities and the environment as may be requested by the City, indicating the potential impacts of the proposed waiver together with recommendations for mitigation of those impacts. These assessments must be conducted by appropriately qualified persons or practitioners.
(i)The waiver in (h) above does not apply to Billboards. These are regulated in terms of Schedule 2 and may not exceed 36m2 per panel.
(j)Electronic signs shall not have subliminal flashes, animation or contain other special effects including flashing lights, running lights, revolving panels or similar panels or display flashing, running or variable transition messages or have transition effects between successive messages or display a continuation of a single theme or message on multiple display pages. However—
(i)The City may grant an exemption from the requirements in Section 8(4)(j) in respect of temporary events where specific written consent has been obtained from the City for the event.
(ii)The City may also grant an exemption from the requirements in Section 8(4)(j) for special areas determined by the City as areas where electronic signs may contain such effects or displays following a public consultation process as may be required by the City and the City:
(aa)must, in considering such areas for approval, also take into consideration the impact on road and traffic safety, heritage resources, scenic resources, residential amenities and the environment, together with the potential for the area to accommodate such signs;
(bb)must develop a process to determine such special areas; which areas will have a maximum approval period of 7 years; and
(cc)may re-evaluate the special area prior to the lapsing of the approval period in (bb) above for consideration of a further approval period of up to 7 years.
(k)Any electronic sign must incorporate luminance sensors that measure ambient light at the sign and technology that enables the luminance of the sign to automatically adjust relative to the measured ambient light levels.
(l)The following maximum luminance levels in the table below shall be applicable to all advertising signs where any form of illumination is permitted.

Table 2 – Luminance requirements

Illuminated areaMaximum luminance
Less than 0.5m21000 candela per m2
0.5 to 2.0m2800 candela per m2
2.0 to 10m2600 candela per m2
10m2 or more400 candela per m2
(m)The sign owner, media owner or lessee of the sign must demonstrate with the aid of a luminance meter, that the approved luminance levels in Table 2 above are complied with when called upon by the City to do so.
(n)The sign owner, media owner or lessee of the sign must—
(i)on the request of the City provide a certificate from an appropriately qualified independent person verifying the electronic sign's luminance; and
(ii)retain the certificate and accompanying records for six months after the recordings were made.
(o)In the event that an electronic sign or any part thereof malfunctions, the City may by way of a written compliance notice to the land owner, sign owner, media owner or lessee of the sign, require that the sign cease any form of visual output within a timeframe specified in such compliance notice or until the malfunction is repaired.

Requirements for external illumination

(p)The light source emanating from floodlights or other similar devices in respect of any sign must not be visible to vehicular traffic travelling in either direction past the sign, nor be a visible source of nuisance to surrounding residences.
(q)Floodlights must not be positioned so as to create any undue light spillage beyond the surface area of the sign.
(r)External illumination must be down-lit, unless there will be no greater impact on the surrounding environment if an alternative fully shielded lighting direction is used.
(5)Road traffic safety requirements
(a)Signs must not constitute an obstruction of any form including, but not limited to, obstruction of a road traffic sign or road traffic signal or an obstruction of the line of sight of a road user necessary to permit safe and efficient use of the road.
(b)Signs may not be erected in an area in which the relevant Road Authority is of the opinion that they are an unacceptable distraction—
(i)for drivers or other road users; or
(ii)where drivers turn, negotiate curves or traffic merges, diverges or weaves.
(c)Electronic signs may be permitted if they are visible from a Class 1 Principal Arterial road provided that such signs are supported in writing by the relevant Road Authority.
(d)No advertising signs may be displayed or erected on—
(i)towers, including but not limited to cooling towers and water towers;
(ii)silos;
(iii)cranes;
(iv)overhead gantries;
(v)roadside gantries;
(vi)telecommunication masts;
(vii)pylons;
(viii)any electrical infrastructure;
(ix)any substation fence; or
(x)bridges, except when in respect of a temporary event where the roads have been closed and approval for the sign has been obtained from the City.
(e)Signs shall not be located within 50m of the perimeter of an intersection of a designated arterial road unless supported in writing by the relevant Road Authority.
(f)The graphic content of signs shall not have the potential to be visually interpreted as a road traffic sign, due to any factor, including but not limited to:
(i)any stylised or pictorial presentation of a road traffic sign or traffic signal;
(ii)any word, symbol, logo or other device used on a road traffic sign;
(iii)use of a combination of colours specified for road traffic signs, in a manner likely to lead to confusion; and
(iv)any reflectorised paint or material.
(g)Signs may not be attached to or obscure a road traffic sign or traffic signal specifically provided for in the Southern African Development Community Road Traffic Signs Manual (SADC RTSM) and the South African Road Traffic Signs Manual (SARTSM).
(h)Signs may not be erected within the road reserve of any public road unless approved by the relevant Road Authority.
(i)When located at signalized traffic intersections, signs may not have the colours red, yellow or green as main colours and shall not obscure or interfere with any road traffic sign or road traffic signal.
(j)Electronic flat signs shall not be permitted within 80m of the perimeter of a signalised traffic intersection except where such signs are positioned at a level higher than 9m on a building, measured from the level of the roadway at the point at which the sign will be displayed.
(k)The City may, at any stage, after the erection of an approved internally illuminated or electronic sign, require the owner of such a sign to undertake a study of the impact of the sign on traffic flow, traffic safety or both in accordance with generally accepted traffic engineering practice or any guideline that may be issued by the City from time to time. As a result of such study, the City may require the luminance of the sign to be adjusted to a revised luminance level as specified by the City for reasons of traffic safety or brightness due to the glare from the sign.
(l)Illumination may not constitute a road safety hazard or potential road safety hazard, and the City may at any stage by notice to the holder of an approval require the illumination of an approved sign to be amended, varied or adjusted in any way, in order to address road safety concerns.
(m)Electronic signs shall not have subliminal flashes, animation or contain other special effects including flashing lights, running lights, revolving panels or similar panels or display flashing, running or variable transition messages or have transition effects between successive messages if visible from a public road unless an exemption has been granted in terms of Section 8(4)(j)(i) or (ii).
(n)The continuation of a single theme or message must not be displayed on multiple display pages of any electronic sign unless an exemption has been granted in terms of Section 8(4)(j)(i) or (ii).
(o)Static display, simple transition signs shall display a complete frame for an information cycle length of not less than 60 seconds when visible from a signalised traffic intersection and 15 seconds at other locations.
(p)The sign must not dazzle or distract road users due to its colouring, luminance or contrast.
(q)The transition from one message to another on an electronic sign shall occur within a maximum of 0.3 seconds and fading effects are not permitted.
(r)Third party signs, including all electronic signs, larger than 4.5m2 erected adjacent to a public road or in a railway reserve, intended to advertise topersons using designated arterial roads, must be spaced a minimum specified distance from any third party sign, any free-standing locality bound sign larger than 4.5m2 located on the same property and displaying more information than just the name and contact information of the occupants of the property or any road traffic sign, such distance measured parallel to the centre line of the roadway, in accordance with Table 3 below.

Table 3 – Linear spacing between signs

CaseSpacing required when visible to traffic on a road with a speed limit of:
 < 60 km/h61-80 km/h81-120 km/h
Where an advertising sign follows a road sign380m425m475m
Where an advertising sign follows an advertising sign310m360m410m
Where an advertising sign precedes a road sign40m70m100m
(s)The City or the relevant Road Authority may—
(i)consider an application to reduce the minimum spacing specified in Table 3; and
(ii)require the applicant to motivate such reduction in minimum spacing through the submission of an assessment of the impact on traffic and road safety, conducted by an appropriately qualified traffic engineering practitioner. The assessment of impact must be to the satisfaction of the City and/or relevant Road Authority in line with the methodology prescribed by the City and/or relevant Road Authority.
(t)The information content of all locality bound and third party signs larger than 4.5m2 that is visible to drivers using a public road, measured in “bits” of information calculated in accordance with Table 4 below, shall not exceed 15.

Table 4 – Bits of information

Elements of the advertisementBits per element
Wordsup to 4 letters0.5
 5 to 8 letters1.0
 more than 8 letters2.0
Numbersup to 4 digits0.5
 5 to 8 digits1.0
 more than 8 digits2.0
Logos, symbols and graphicssmaller than 9m20.5
 between 9 and 18m21.0
 between 18 and 27m21.5
 larger than 27m22.0

9. Legal requirements

All signs to be erected or displayed within the area of jurisdiction of the City must, in addition to complying with this By-law, comply with all other applicable legislation.

10. Approval

(1)The City may grant its approval, subject to conditions, or refuse any application submitted in terms of this By-law.
(2)Despite any approval being granted by the City or any act issued or performed in terms of this By-law—
(a)the City will not be liable to any person for any loss, damage, injury or death resulting from, or arising out of, or in any way connected with the manner in which such sign or sign structure was designed, erected, displayed, demolished or altered or the material used in the erection of such sign or sign structure or the quality of workmanship in the design, erection, display, demolition or alteration of such sign or sign structure; and
(b)the owner of the sign or sign structure, the media owner, and the owner of the property or building to which a sign or sign structure is attached shall not be exempted from the duty to take care and to ensure that such sign or sign structure is designed, erected, displayed, maintained and used or demolished or altered in accordance with the provisions of this By-law.
(3)The City may, at any time, withdraw an approval granted in terms of this By-law or its predecessor or amend any condition or impose a further condition in respect of such approval, if a sign or advertising structure is—
(a)in a state of disrepair;
(b)standing empty or is not in operation for more than 90 consecutive days;
(c)no longer compliant with any provision of this By-law;
(d)substantially altered from the original approved application by way of either structure, graphic content or illumination; or
(e)located on City owned land or on privately owned land, on a site or in an area that is required to be used by the City for any operational reasons and in such instance the City will not be liable for any loss of income as a result thereof.
(4)Should an approved sign not be erected within 12 months from the date of approval or within such other time as is specified in the approval, such approval shall lapse, unless that period is extended in writing by the City prior to such period lapsing.
(5)
(a)Any approval of third party advertising granted by the City in terms of this By- Law, shall endure for a maximum period of 7 years, calculated from the date of approval.
(b)A new application may be submitted prior to the lapsing of the approval period, for a further approval period of up to 7 years.
(6)In the event that the structure supporting the sign is intentionally demolished before the expiry of the approval period, the approval will lapse and no further sign or supporting structure may be erected or re-erected without the City's prior written approval in terms of this By-law.
(7)Subject to Section 10(8) below, all decisions by the City regarding applications made in terms of this By-law shall be in writing and the City will provide a decision within—
(a)70 calendar days of the date of submission of a complete third party sign application and invoice being issued for payment of application fee;
(b)45 calendar days of the date of submission of a complete locality bound sign application and invoice being issued for payment of application fee where such application is subject to internal City Departmental circulation;
(c)15 calendar days of the date of submission of a complete locality bound application and invoice being issued for payment of application fee where such application is not subject to internal City Departmental circulation;
(d)10 calendar days of the date of submission of a complete temporary sign application or event signage application and invoice being issued for payment of application fee, or
(e)7 calendar days of the date of submission of a complete poster application and invoice being issued for payment of application fee;
provided that if the application is subject to public consultation or additional information or assessments are required by the City, the above decision-making periods are suspended and shall resume once the public consultation process is concluded or the required information or assessments are provided to the City.
(8)The City will only issue a decision within the abovementioned timeframes if payment of the abovementioned invoices has been made and verified and in the case of third party sign applications, when payment of an invoice in respect of approval and monitoring fees has been made and verified.
(9)All third party signs must clearly display the sign owner's name or logo and the sign owner’s site number on the sign structure.
(10)All signage approvals with the exception of Schedules 9, 10, 11, 12 and 13 signs, will be issued to the property owners.
(11)The applicable encroachment fee for locality bound and third party projecting signs which encroach over City land must be paid annually.
(12)If an application submitted in terms of Section 5 has been refused in terms of subsection 10(1) above, no further application may be submitted in respect of the same sign type or sign position, for a period of two years from the date of such refusal if the reasons why the City refused the application have not changed. Where there has been a change in circumstances or the further application is for a different sign type or sign position, a motivation must be submitted in writing to the City indicating such changes.
(13)The sign owner will be required to—
(a)indemnify the City against any claims by third parties that may arise, due to the erection of any sign within the Road Reserve or on or over City owned property; and
(b)take out public liability insurance in respect of signs referred to in Section 10(13)(a) above.

11. Appeal

Any persons whose rights are affected by a decision made in terms of this By-law may appeal against that decision in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) by giving written notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of the decision.

12. Signs for which approval is not required

(1)Should any sign not comply with the conditions for each sign type listed below, an application must be submitted in terms of Section 5 unless an application for that specific sign type is specifically excluded in terms of this By-law.
(2)No application is required for the following signs provided that the signs comply with the following conditions, the factors and requirements set out in Sections 7 and 8 and other applicable legislation—
(3)Contractors' Boards
(a)Contractors' Boards must only be displayed on the property on which work is being undertaken provided that Contractors’ Boards—
(i)in areas of maximum and partial control, must not exceed 0.3m2 and are limited to the display of one sign per contractor;
(ii)in areas of minimum control, must not exceed 1.5m2 and are limited to the display of one sign per contractor;
(iii)must be flush with, or behind the property boundary;
(iv)must not display any information other than the name of the company, name of the contractor, contact details, and type of service or product offered and undertaken by the contractor at the premises;
(v)must be unilluminated and non-reflective; and
(vi)must be removed immediately once the work being undertaken is complete.
(b)No application for a deviation from the above provisions relating to Contractors’ Boards is permitted in terms of any provision of this By-law.
(4)Development Boards
(a)Development Boards must only be displayed on the premises in respect of which a building plan or site development plan has been approved for a proposed development and provided that Development Boards—
(i)must be unilluminated and non-reflective;
(ii)must not display any information other than the following—
(aa)the name and contact information of the developer, financial services provider and property marketing agent;
(bb)a pictorial representation of the proposed development;
(cc)a description of the proposed development;
(dd)the words “launching soon”,“coming soon”,“new development” or “redevelopment”; and
(ee)the words “for sole”,“to let”,“now selling",“sold” or similor information and any pricing information; and
(iii)must not be erected more than three months before the start of the development.
(b)Development Boards must be removed when building operations are substantially complete or when the building operations are discontinued, or an Occupancy Certificate has been issued by the City. The City may serve a compliance notice for the removal of the sign within a period stipulated in the compliance notice should the requirements of this subsection not be complied with.
(c)Development Boards on building sites to be wholly used for single dwelling residential purposes must not exceed 3m2 in total area, 2.4m in overall height and must have a minimum clear height of 1 m. In addition—
(i)no application for a deviation from this provision relating to development boards in areas of maximum control is permitted in terms of any provision of this By-law; and
(ii)only one Development Board is allowed per premises.
(d)Development Boards on building sites not to be wholly used for residential purposes must be less than 4.5m2 in total area, 2.4m in overall height and must have a clear height of 1 m; and
(i)no more than two Development Boards, one per street frontage, are allowed per premises.
(5)Property marketing signs
(a)“To Let” and “For Sale” signs not exceeding 0.3m2 are permitted provided that these signs must be displayed on the property concerned or flush against the fence or wall of the property concerned, and no signs other than “To Let” and “For Sale” signs may be displayed by property marketing agents or agencies on the property concerned.
(b)“Sold” signs not exceeding 0.3m2 in total area, must be displayed on the property that has been sold or must be displayed flush against the fence or wall of the property and must not be displayed for longer than 30 days from the date of display.
(c)No application for a deviation from subsection (b) relating to “Sold” signs is permitted in terms of any provision of this By-law.
(d)One “On Show” sign not exceeding 0.3m2 is permitted on the property being shown on the day of the show house.
(e)In addition, one of the following four options is permitted:
(i)an additional 0.3m2 show house sign board;
(ii)bunting;
(iii)one Balloon or Inflatable Sign not exceeding 3m in height and 3m in width; or
(iv)three Feather Flags not exceeding 3m2 each;
provided that these signs are displayed on the show property during weekend hours and the signs in sub-section (5) (e) (ii) to (iv) above must be removed by 18h00 on each day of the weekend.
(6)On premises home occupation signs, bed and breakfast signs, house shop signs and home child care signs
(a)Any unilluminated On Premises Home Occupation advertising sign not projecting over a public road and not exceeding 0.2m2 in total area indicating only the types of trade, business, industry or profession lawfully conducted by any occupant or permanent resident of the premises to which it is attached, the name of such occupant, the type of activity, the address and telephone number of such premises and the hours of attendance (if any) is permitted; provided that only one such sign per occupant may be displayed.
(b)Only one unilluminated Bed and Breakfast advertising sign is permitted which shall be affixed to the wall of the house and not project over a public street and shall not exceed 0.5 m2 in area.
(c)Only one unilluminated House Shop advertising sign is permitted which shall be affixed to the wall of the House Shop and not project over a public street and shall not exceed 0.5 m2 in area.
(d)Only one unilluminated Home Child Care advertising sign is permitted which shall be affixed to the wall of the house and not project over a public street and shall not exceed 0.5 m2 in area.
(7)Window signs
(a)Window Signs displayed on the ground floor of a building lawfully used for business, commercial, office, industrial or entertainment purposes or by non-profit bodies are permitted in all areas of control, provided that Window Signs—
(i)are Locality Bound Signs, and are limited to the windows of the unit occupied by the individual business entity to which the Locality Bound advertising relates;
(ii)do not extend over window frames, bars, mullions, transoms, sills or lintels;
(iii)do not extend onto or over the walls of the building plane in which the windows are positioned;
(iv)must not exceed 25% of the glazed area or 4.5m2 in total area, whichever is the lesser, of the cumulative total area of advertising per individual business entity in an area of maximum control;
(v)must not exceed 18m2 of the cumulative total area of advertising per individual business entity in areas of partial or minimum control; and
(vi)are not placed over any windows provided for ventilation or lighting of a building.
(8)Perimeter advertising signs on sports fields
(a)Any unilluminated Perimeter Advertising sign not exceeding 2m x 1m erected around the perimeter of a sports field must face inwards or onto the field and must not advertise to any other public place or scenic drive.
(b)No application for a deviation from (a) above relating to Perimeter Advertising Signs on sports field is permitted in terms of any provision of this By-law.
(c)Signs may be painted temporarily on the horizontal playing surface or turf of a sports field for a sporting event.
(9)Security signs on premises
(a)Unilluminated Security Signs not projecting over the property boundary and not exceeding 0.3m2 each are permitted, provided that such signs indicate either that—
(i)a neighbourhood watch scheme is in operation;
(ii)a security company has been contracted to protect the premises;
(iii)a street committee is in existence; or
(iv)a Central Improvement District is in operation in the area.
(b)Only one Security Sign per category (or service provider) listed in (a) above is permitted per premises.
(c)Security Signs displayed on premises for the category of services listed in subsection (a) above may only display the following details—
(i)name;
(ii)logo; and
(iii)telephone number.
(d)No application for a deviation from the above provisions relating to Security Signs is permitted in terms of any provision of this By-law.
(10)Sponsored, commercially sponsored and non-profit body signs less than 4.5m2
(a)Any sign whether erected by or in connection with a non-profit body on the premises of the non-profit body may be permitted provided that—
(i)such sign must not exceed 4.5m2 in total area;
(ii)no more than one third of the total surface area of the sign is used for third party sponsorship;
(iii)such sign must be unilluminated; and
(iv)only one such sign shall be permitted per erf.
(b)Signs which comply with the provisions of 10(a) above, when erected on City land, must follow the process set out in Schedule 16.
(11)Locality bound flags or feather flags on commercial premises
(a)Locality Bound advertising on Flags may only be displayed on the premises concerned and only on flag poles, provided that—
(i)no more than four flag poles of 3m each in height for the purpose of displaying advertising on Flags may be displayed per premises;
(ii)four Feather Flags of 3m2 each may be displayed per premises; and
(iii)such Flags and Feather Flags must not project over the property boundary.
(12)Vehicular advertising
(a)Unilluminated signs are permitted to be painted or affixed directly onto or attached to the body of a motorised or non-motorised vehicle and which vehicle is being used for—
(i)the conveyance of goods or passengers;
(ii)the sale of goods or food and beverages from such vehicle in terms of a valid permit; or
(iii)the offering of services from such vehicle in terms of a valid permit;
and such vehicle is not parked or used for the primary purpose of advertising.
(b)Vehicular Advertising signs must not be electronic nor must they include any reflective or retro-reflective materials.
(c)No application for a deviation from the above provisions relating to vehicular advertising is permitted in terms of any provision of this By-law.
(13)Community information signs
(a)Community Information Signs are permitted provided that such signs—
(i)do not contain any commercial advertising, commercial sponsorship or commercial advertising campaigns;
(ii)do not exceed a maximum of 3m2;
(iii)are not illuminated or electronic; and
(iv)when freestanding, have a minimum clear height of 2.1m and do not exceed a maximum overall height of 3m.
(14)Community information posters
(a)Community Information Posters not exceeding A4 size, which are not for public events or campaigns are permitted provided that such posters—
(i)only relate to missing pets and missing persons;
(ii)are only tied on the City's electric light poles;
(iii)are not placed within 30m of a traffic signal; and
(iv)are removed by the responsible person within 90 calendar days from the date of display.
(b)No application for a deviation from the above provisions relating to Community Information Posters is permitted in terms of any provision of this By-law.
(15)Locality bound tied commercial banners
(a)The following is permitted as a Locality Bound Tied Commercial Banner:
(i)One unframed banner which is not freestanding and is tied with strings to the building, wall or boundary fence of the premises concerned, with a total maximum advertisement area of 3m2, and which may only be displayed for a period not exceeding 14 days per calendar month.
(b)In the case of shopping centres or shopping malls, only one unframed banner per street frontage may be displayed in relation to the shopping centre or shopping mall concerned, with a total maximum advertisement area of 3m2, and which may only be displayed for a period not exceeding 14 days per calendar month.
(c)Locality Bound Tied Commercial Banners may not—
(i)be attached so as to interfere with or constitute a danger to passing pedestrians or vehicular traffic;
(ii)be displayed within 30m of any road traffic sign or traffic signal and shall not obstruct any sight triangles for side roads or vehicle access points;
(iii)be affixed to traffic signal poles, or other poles which carry road traffic signs, electrical or service authority distribution boxes, street furniture, rocks, trees, other natural features or other City property;
(iv)be affixed in such a way that they unfairly prejudice other businesses or organisations or obscure any approved existing signs; and
(v)be affixed to any premises other than the premises concerned.
(16)Locality bound signs
(a)One unilluminated Locality Bound Flat Sign is permitted per business premises not projecting over a public street and not exceeding 2m2 in cumulative total area of advertising per individual business entity, displayed on the outside walls of buildings at ground or first floor level, provided that this does not obscure architectural articulations or cover windows or openings.
(b)One Locality Bound Roof Sign painted onto a roof of a building, up to a maximum of 4.5m2 in size or one quarter of the overall area of the roof on which it is painted, whichever is the lesser, is permitted in areas of partial and minimum control.
(c)One Building Name Sign is permitted in addition to the street number and street name displayed on the building per street frontage, for purposes of identifying the premises, either as a flat, indented, engraved, moulded, painted or cut-out letter sign not exceeding 3m2, provided it is unilluminated.
(d)One Locality Bound Boundary Wall Sign not exceeding 1 m2 may be indented into the wall, painted or composed of individual, cut-out letters or symbols fixed flush on such wall and shall not project more than 50mm from the face of the wall.
(17)Aerial signsAerial Signs in any urban area of control on either one balloon or one blimp may be flown up to a maximum height of 9m measured from ground level, provided that—
(a)the advertisement panel on each visible face must not exceed 1,5m2 in size;
(b)the total size of the balloon or blimp permitted is a maximum of 3m wide, measured in any direction;
(c)these provisions are restricted to—
(i)a locality bound on-premises shop sale;
(ii)an opening event;
(iii)a non-profit body event with or without sponsor’s content; or
(iv)a sport event with or without sponsor’s content.
(d)the duration of the display is for a maximum of 3 consecutive days for such event;
(e)Aerial Signs must not be flown above a public road;
(f)Aerial Signs must only be displayed during daylight hours; and
(g)with the exception of subsections (c) (iii) and (iv) above. Aerial Signs must not display any third party advertising.
(18)Temporary event signs for non-profit bodies
(a)Temporary Banners, Flags, Posters, Inflatable Signs, Transit Signs, Aerial Signs and Loose Portable Signs are permitted for events hosted by a non-profit body.
(b)Temporary Event Signs for non-profit bodies may contain a maximum of 10% third party sponsors’ content, per sign.
(c)These signs may be displayed by non-profit bodies on the host non-profit body premises or on private property where the event is being hosted, for the duration of the event.
(d)Where such event occurs on or partly on City property or infrastructure, including any City hosted or sponsored event, an application must be submitted in terms of Section 5 and the applicable Schedules.
(e)When displayed on City property, these signs may not be staked into any concrete, tar or paved surfaces.
(19)Locality Bound Loose Portable Signs on private property
(a)A maximum of two Locality Bound Loose Portable Signs may be displayed on private property, provided that these do not exceed 1.2m x 0.6m in size and do not pose a safety hazard to the public.
(b)No application for a deviation from the above provisions relating to Loose Portable Signs is permitted in terms of any provision of this By-law.
(20)Posters on poster pillars
(a)All poster types referred to in terms of Schedule 11 may be pasted to assigned structures at sites allocated by the City for the express purpose of pasting posters, provided that—
(i)only one poster per function, campaign or event per non-profit body may be pasted on any one pillar; and
(ii)no posters purely for commercial events, including promotions, launching of products and services are permitted.
(b)No application for a deviation from the above provisions relating to Posters on Poster Pillars is permitted in terms of any provision of this By-law.
(21)Temporary directional arrow signs for film shoots
(a)Temporary Directional Arrow Signs for film shoots may only be placed on the City's electric light poles in accordance with the City’s Street Lighting Policy, indicating to film crews and film services the location of a specific film set.
(b)Temporary Directional Arrow Signs for film shoots—
(i)must not be affixed to trees, traffic signal poles or other poles which carry road traffic signs, street furniture or other City property;
(ii)must comply with all relevant legislation, policies and guidelines and the applicable filming permit;
(iii)must not exceed a total size of 0.3m2 each;
(iv)are limited to one sign per pole or two signs which may be sandwiched back-to-back; and
(v)must be removed within one day of conclusion of the film shoot.
(c)No application for a deviation from the above provisions relating to Temporary Directional Arrow Signs is permitted in terms of any provision of this By-law unless authorised by the City in writing.
(22)Temporary public art
(a)An unilluminated artwork containing or displaying a sign which is an advertisement, is permitted where—
(i)the artwork is in itself not an advertisement;
(ii)the advertisement portion does not exceed 5% or 2.5m2 of the total artwork content, whichever is the lesser; and
(iii)the artwork has a valid temporary public art permit approved in terms of the City’s public artwork permitting system.
(b)Artwork with advertising will be permitted on multi-use buildings, but only where these are positioned on the exterior of the non-residential levels.
(c)Artwork with advertising will not be permitted on any residential buildings, residential boundary walls and ancillary structures.
(d)The City may call for documentary proof of a valid sponsorship agreement which has been entered into between the artist, the commissioning party (where relevant) and the sponsor.
(e)No application for a deviation from the above provisions relating to temporary Public Art is permitted in terms of any provision of this By-law.
(23)Election postersPosters for electioneering campaigns and political events, not exceeding a maximum size of 0.9m x 0.6m, displayed on the City’s electric light poles during official election and voter registration periods may be permitted, subject to any requirements pertaining thereto or conditions issued by the City.

13. Disfigurement

(1)Other than where written approval is obtained from the City or where certain sign types are permitted in terms of this By-law, no person may destroy, harm, damage, disfigure or deface any street frontage, road traffic sign, wall, fence, land, rock, tree or other natural feature, or any part of any building or structure in any manner whatsoever during construction or through the display or use of a sign or the writing or painting of any sign, symbol, letter or numeral.
(2)No person may destroy, harm, damage, disfigure or deface any sign legally displayed in terms of this By-law.

14. Damage to city property

No person may, in the course of erecting or removing any sign, cause damage to any tree, the City’s electric light poles or any other City installation, property or street furniture and any costs incurred by the City in repairing such damage will be recovered from the persons responsible for, or who caused the damage, in terms of the City’s Credit Control and Debt Collections Policy and By-law.

15. Entry and inspections

The City shall be entitled, through its duly authorized officials and following reasonable prior written notification to the owner or occupant of a property, to enter into or upon any premises, at a reasonable time for the purpose of carrying out any enforcement, monitoring or inspection necessary for the proper administration and enforcement of the provisions of this By-law.

16. Offences

(1)A person who—
(a)erects, uses or displays a sign, erects any signage structure, uses any signage structure to display a sign, or alters or adds to an existing sign or signage structure, in contravention of any provision of this By-law;
(b)contravenes or fails to comply with any provision, condition, requirement or condition of approval imposed or deemed to have been imposed in terms of this By-law;
(c)contravenes or fails to comply with any requirement set out in a compliance notice served on him or her in terms of this By-law;
(d)knowingly or willfully makes a misrepresentation, false statement, forges, counterfeits or fraudulently replicates a document or permit in respect of any application or approval, or pertaining to any requirement or authorisation in terms of this By-law;
(e)purposefully obstructs access to any property by an authorised official carrying out an inspection or interferes or hinders such official when conducting such inspection in terms of or under this By-law; or
(f)threatens, resists, interferes with or obstructs any authorised official in the performance of official duties or functions in terms of or under this By-law;
shall be guilty of an offence and upon conviction shall be liable to a fine or imprisonment as set out in Section 17(1)(a) and (c).
(2)In the case of a continuing offence, such person shall be liable upon conviction to a fine or imprisonment as set out in Section 17(1)(b) and (c) for every day during the continuation of such offence and may be liable to a second or subsequent offence on conviction.

17. Fines and penalties

(1)The following fines and penalties are applicable to a person who has contravened this By-law—
(a)Upon conviction by a court, of a first offence, the guilty party shall be liable to a fine, or, in default of payment, to imprisonment for a period not exceeding 6 months.
(b)In the case of a continuing offence, the guilty party shall be liable to a further fine, for every day during the continuance of such offence.
(c)Upon conviction of a second or subsequent offence, the guilty party shall be liable to a fine or imprisonment for a period not exceeding 6 months.
(2)Unlawful signs removed by the City may be reclaimed from the City within 3 months of the date of removal, on payment in full of any costs incurred by the City in the removal of the said signs, as well as payment of the costs of any charges incurred in the transportation and storage of such signs.
(3)Any unlawful signs removed and impounded by the City and not reclaimed within 3 months of the date of removal shall be forfeited to the City and shall be disposed of by the City at its sole discretion.
(4)If any sign is erected in contravention of this By-law, and an application is submitted to rectify the contravention, an additional amount, by way of an administrative penalty will be imposed in terms of the City's approved Tariffs and Charges, published from time to time, upon submission of the application.
(5)Should the administrative penalty not be paid by the date determined by the City
(a)the application will not be processed further and will be returned to the applicant; and
(b)the applicant will not be permitted to submit a further application for the same site for a period of 2 years from the date of such application having been returned to the applicant.
(6)The City may levy, receive or charge any administrative penalty fees in terms of any other law in respect of any sign that is erected in contravention of this By-law.
(7)The imposition of the above administrative penalty does not prevent the City from initiating criminal or civil proceedings for the removal of the sign erected in contravention of this By-law while the application to rectify is being determined.

18. Presumptions

(1)A person charged with an offence in terms of this By-law who is—
(a)alone or jointly with any other person responsible for organising, or in control of any meeting, function or event, to which a sign relates, shall be deemed, until the contrary is proven, to have knowingly displayed every unlawful sign displayed in connection with such meeting, function or event or to have caused or allowed it to be so displayed;
(b)the person whose name appears on an unlawful sign or whose product or services are advertised on such sign, shall be deemed, until the contrary is proven, to have knowingly displayed such sign, or to have caused or allowed it to be displayed;
(c)a sign owner, media agent, or person who benefits or has benefited from the display of an unlawful sign, either alone or jointly with any other person, shall be deemed, until the contrary is proven, to have knowingly displayed such sign, or caused or allowed it to be displayed; and
(d)the owner of any land or building on which any unlawful sign was or is displayed, shall be deemed, until the contrary is proven, to have knowingly displayed such sign, or caused or allowed it to be displayed.

19. Enforcement and removal of signs

(1)If any sign is displayed or is in the process of being erected in contravention of this By-law, or any provision, condition, requirement or condition of approval imposed or deemed to have been imposed in terms of this By-law, the City may serve a written compliance notice on one or more of the following persons—
(a)the sign owner or lessee of the sign;
(b)the land owner or tenant on whose land, building or premises the sign is erected;
(c)a person whose products or services are advertised on the sign;
(d)a person whose name or image appears on the sign;
(e)a person or company who erected the sign;
(f)the media agent, authorised agent; or
(g)any other party responsible for or who benefits from the display of the sign.
(2)The City shall call upon such persons to—
(a)obtain approval for the said unauthorised applicable administrative penalty being paid;
(b)cease the erection of such sign; or
(c)remove such sign or carry out any alteration thereto.
(3)The City may call upon such persons to undertake any other action as may be specified in a compliance notice, within a timeframe specified therein.
(4)Notwithstanding the service of such compliance notice, it may be withdrawn or varied by the City.
(5)Should the City's demands, as set out in the compliance notice, not be carried out within the timeframe specified therein, the City may, without further notice to the person upon whom the compliance notice was served and after obtaining relief from the appropriate court on an ex parte basis, remove or alter the sign or do such work as may be specified in such compliance notice. No court order shall, however, be required prior to the removal or alteration of an unlawful sign if it is erected or displayed on property belonging to the City.
(6)If the unlawful sign is displayed or to be displayed on property owned or controlled by the City, including any land leased by or from the City, the City may—
(a)remove the sign or sign structure, without first serving a compliance notice in respect thereof and without a court order; or
(b)limit the exposure of the unlawful sign by means of rendering such unlawful sign inaccessible, illegible or unintelligible.
(7)Where the City or its agents act to remove, impound and store signs, or alter or do any other work in respect of unauthorised signage, whether preceded by or in terms of a compliance notice or not, the City will not be liable for reasonable or unavoidable damage to the subject property including the signs and structures themselves in undertaking such actions and will not be liable for any claims arising in this regard.
(8)Any costs incurred by the City in removing, impounding and storing signs, or signage structures from City property, or in doing alterations or other works required in terms of a compliance notice, may be recovered from one or more of the following persons responsible for the display of the sign, or on whom the compliance notice was served, in terms of the Credit Control and Debt Collection Policy and By-law—
(a)the sign owner or lessee of the sign;
(b)the land owner or tenant on whose land, building or premises the sign is erected;
(c)a person whose products or services are advertised on the sign;
(d)a person whose name or image appears on the sign;
(e)a person or company who erected the sign;
(f)the cession holder, media agent, authorised agent; or
(g)any other party responsible for or who benefits from the display of the sign.
(9)Notwithstanding any other clause in this By-law, if a sign whether on City property or on private property is, or is reasonably considered to be a danger to life or property by a duly authorised official of the City acting in connection with this By-law, the City may, without prior notice and without a Court Order, carry out or arrange for the removal of such sign. Any costs incurred by the City in carrying out or arranging for the removal and storage of such sign may be recovered from any of the persons listed in subsection (8) above.

20. Service of compliance notices

(1)Where any compliance notice or other document is required by this By-law to be served on any person, it shall be deemed to have been properly served if—
(a)served personally on them or any member of their household, apparently over the age of 16 years, at their place of residence, or on any person employed by or with them at their place of business;
(b)posted by registered post to such person's residential or their business address, as it appears in the records of the City;
(c)sent by electronic mail;
(d)such person is a company or closed corporation or a trust, and it is served on any person apparently employed by that company, closed corporation or trust, at the registered office thereof, or sent by registered post to such office; or
(e)pasted or affixed in a visible position onto the sign, advertisement or sign structure.

21. Magistrate's court jurisdiction

(1)Notwithstanding anything to the contrary contained in any law relating to magistrate’s courts, a magistrate shall have jurisdiction, on the application of the City, to make an order prohibiting any person from commencing or proceeding with the erection of any sign or to make an order for any person to remove a sign or authorising the City to remove such sign if such magistrate is satisfied that such erection is contrary to or does not comply with the provisions of this By-law or any approval or authorisation granted or required hereunder.
(2)Notwithstanding anything to the contrary in any other law, a Magistrate’s Court will have jurisdiction to impose any sentence provided for in this By-law.

22. Guidelines

The City may from time to time issue a Cape Town Manual for Outdoor Advertising Control, relevant guidelines, information brochures or any other material relating to this By-law.

23. Repeal of By-laws

(1)This By-law repeals the following legislation—
(a)City of Cape Town Outdoor Advertising and Signage First Amended By-Law 2013, By-Law no.10518 Provincial Gazette no. 7219, dated 17 January 2014; and
(b)City of Cape Town Outdoor Advertising and Signage By-Law 2001, and By-Law no.10518 Provincial Gazette no. 5801, dated 5 December 2001;
(2)Anything done under or in terms of any provision repealed by this By-law shall be deemed to have been done under the corresponding provisions of this By-law and such repeal shall not affect the validity of anything done under the By-law so repealed.
(3)Anything done prior to promulgation of this By-law, which was not done in terms of a provision repealed by this By-law and which was unlawful, shall in the event of such act or sign still not complying with the provisions of this By-law, be unlawful.
(4)Any approval, consent, right or instruction issued, granted or in force in terms of a by-law repealed by this By-law and which was in existence immediately before the commencement of this By-law, remains in force and where applicable is regarded to have been issued, granted or occurred in accordance with this By-law, subject to the conditions under which it was issued and is valid for the period granted under the repealed by-law.
(5)Conduct in contravention of a by-law repealed by this By-law is regarded as a contravention of this By-law and the penalties in this By-law apply where the conduct would constitute an offence in terms of this By-law.

24. Savings

(1)Any application for the display of any advertisement or erection of any sign or sign structure for advertising purposes, submitted to the City prior to promulgation of this By-law and in respect of which a decision has not yet been made by the City prior to promulgation of this By-law, shall be considered by the City in terms of the by-law that was applicable at the time of the submission of the application.
(2)Any approval or authorisation granted either by the City or its predecessors in terms of previous laws, by-laws, policies or contracts for the display of—
(a)Third party signs, where no period for the duration of approval was specified therein, and where the sign in question was displayed in accordance with all the conditions of that approval or authorisation as the case may be, will automatically lapse after a maximum period of 5 years calculated from the date of the promulgation of this By-law.
(b)Signs on City property in terms of contracts entered into with the City or its predecessors, will lapse or have lapsed in accordance with the contract’s lapse terms, and are not extended by the promulgation of this By-law.

25. Short title

This By-law is called the City of Cape Town Outdoor Advertising By-Law 2023.

Schedule 1

Areas of control

MaximumPartialMinimum
Natural areaRural areaUrban areaUrban areaUrban area
Proclaimed nature reservesProtected natural areasConservation AreasGame reservesProclaimed bird sanctuariesProclaimed marine reservesBeaches, sea shores, coastal public property and coastal zonesOceansForestry areasRiver corridorsWetlandsTable Mountain National Park and World Heritage SiteScenic DrivesThe Cape Town Bioregional Plan and the Biodiversity NetworkSpecific areas or sites designated as maximum natural by way of a map prepared by the CityAgricultural areas/zonesHorticultural areasRural small holdingsLarge private open spaces (e.g. golf courses)Scenic DrivesScenic/cultural landscapesScenic featuresCity parksAgricultural and horticultural areas and adjacent road and rail reservesSpecific areas or sites designated as maximum rural by way of a map prepared by the CityCultural & Recreational Resources ZonesHeritage Protection Overlay Zones (HPOZ)Heritage sitesProvincial Heritage Areas in terms of Section 31 of the National Heritage Resources Act, 1999(Act 25 of 1999) (NHRA)Graded buildings, places and sites as provided for in terms of the NHRAResidential zones and adjacent roadsMobility routesPedestrian malls and pedestrian squaresSchool and institutional sitesScenic featuresScenic drivesOpen Space systems and ecological corridors in terms of Bioregional Plans and Green Infrastructure NetworkPublic open spacesPrivate open spacesUrban smallholdingsIntensive urban agriculture areas x Subsistence urban agriculture areasRiver corridorsWetlandsCommunity facilities (excluding sports facilities and stadia)Special business zonesResidential buildingsDesignated Arterial roadsSpecific areas or sites designated as maximum urban by way of a map prepared by the CityCentral business districtsMixed use commercial and residential areasCommercial development nodes and activity corridorsCommercial and business districts and adjacent streetsMobility routesEntertainment districts or complexes with commercial zonesSportsfields and stadiaSpecific areas or sites designated as partial control by way of a map prepared by the CityIndustrial zonesDesignated transportati on terminalsRailway stations and rail reservesDesignated areas within Limited Use ZonesSpecific areas or sites designated as minimum control by way of a map prepared by the City
 

Schedule 2

Third party billboards and third party freestanding signs up to 3m2

Subject to approval in terms of this By-law, the erection and/or display of Billboards larger than 4.5m2, whether of custom-made design or of standard design, is permitted only in areas of minimum control. In addition Billboards must—
1.if the proposed erf where the Billboard is to be erected borders on a designated arterial road, and furthermore if the buildings on that erf are more than 50m from the road reserve line, not be placed less than 50m from the road reserve line, this same distance to be calculated at 90° to the nearest point of the road reserve.
1.1This distance may be waived to a distance no less than the alignment of the public façades of buildings on the erf or adjacent erven, if such adjacent buildings or if the buildings on the erf are less than 50m from the road reserve upon receipt of a Signage Impact Assessment and Traffic Impact Assessment indicating the potential impacts of the proposed waiver together with the recommendations for mitigation of those impacts.
2.comply with the standard conditions for approval set out in this By-law;
3.not encroach over the boundary line of the property on which they are erected, whether such encroachment is aerial or on ground level;
4.have a minimum clear height of 2.4m and a sign structure which does not exceed a maximum height of 7.5m above natural ground level, except for portrait format Billboards where a maximum height of 9m above natural ground level is permitted.These heights may be waived subject to the following—
4.1a waiver may be applied for where a Billboard is proposed on a property adjacent to an elevated section of road or bridge;
4.2such waiver may be applied for to increase the metre heights specified above, such that the sign's clear height extends no more than 1m above the top of a parapet wall or other pedestrian or vehicle restraining device installed adjacent to the elevated roadway or bridge, measured at the point on the roadway nearest to the sign;
4.3the increased height may not exceed an additional 5 metres in each case of the metre heights specified above and such Billboards may only be displayed in a landscape format; and
4.4the waiver application must be motivated with a topographical survey and scaled 2- and 3-dimensional graphic renderings demonstrating the necessity for the height waiver.
5.not exceed a maximum total size of 36m2 provided that on any V-shaped or back-toback single structure, two such panels may be permitted. The size of Billboards which face onto roads with a speed limit of 120km/h, may however be increased to two panels of 81m² each, either V-shaped or back-to-back and may only be in a landscape format, externally illuminated and may not exceed a maximum height of 10m above natural ground level;
6.be displayed between the angles of 90° and 60° to the direction of oncoming traffic;
7.be spaced a minimum distance apart as required by the Road Traffic Safety Requirements in Sections 8(5)(r) and (s) of this By-law;
8.if internally illuminated or electronic, be displayed up to a maximum of 36m2 provided that on any V-shaped or back-to-back single structure, two such 36m2 panels may be permitted following assessments of the impact on road and traffic safety, heritage resources and the environment, conducted by appropriately qualified persons or practitioners, indicating no detrimental impact thereon;
9.if located near any intersection of roads, at signalised or non-signalised traffic intersections, or near a pedestrian crossing, not be erected or displayed within 50m of the perimeter of the traffic intersection or pedestrian crossing if unilluminated; and within 80m of the perimeter of the traffic intersection or pedestrian crossing if illuminated;
10.when erected along the right hand side of a section of road, such that its graphics are visible to a driver travelling on the left hand side of the road, be deemed to have replaced the advertising opportunity that existed on the left hand side of the road.

Third party freestanding signs up to 3m2

11.Third Party Freestanding Signs up to 3m2 may be permitted in urban areas of maximum, partial and minimum control located at shopping centres and service stations. In addition, Third Party Freestanding Signs up to 3m2 must—
11.1be located in the parking forecourt of a shopping centre or service station forecourt provided that they are aimed at customers on the premises and that their graphics are not visible;
(a)from the adjacent street;
(b)from residential premises in the vicinity;
(c)to traffic on abutting/adjacent streets; and
(d)to motorists entering or exiting the shopping centre or service station premises.
11.2not encroach over the boundary line of the property on which they are erected, whether such encroachment is aerial or on ground level;
11.3not be an obstruction or pose a hazard to the safety of any person;
11.4have a clear height of 2.4m if over any area used by pedestrians and may not exceed a maximum overall height of 4m above natural ground level.
12.Third Party Freestanding Signs up to 3m2 may be internally illuminated or electronic but must not create visual or light pollution.
13.Third Party Freestanding Signs up to 3m2 may be a single-sided, two-sided, V-shaped, or three-sided single structure. In addition—
(a)only one such sign at a service station will be permitted; and
(b)where multiple third party freestanding signs, with a cumulative total advertisement area of more than 36m2 are being proposed at shopping centres, a masterplan must be submitted in terms of Section 5(10).

Schedule 3

Locality bound freestanding and freestanding composite signs, locality bound farm signs and service station signs

Subject to approval in terms of this By-law, the erection and display of Locality Bound Freestanding signs, Freestanding Composite signs, and Service Station signs are permitted in urban areas of maximum, partial and minimum control.
1.Locality Bound Farm signs and Conservation Facility signs are permitted in natural and rural areas of maximum control.
1.1In the case of Farm signs and Conservation Facility signs—
(i)Entrance gates, gate structures or boundary walls may be considered for the display of locality bound banners or flags, or for having sign panels attached to, placed against, or painted on them, as a means of display.
(ii)Custom-made signage on devices such as wine barrels and farm implements will be permitted.
2.Locality Bound Freestanding signs and Freestanding Composite signs are only permitted at the entrance to a property—
(i)where the buildings are set back 15m or more from the boundary of the road reserve;
(ii)where it is not reasonably possible to affix appropriate signs to a building; and
(iii)where the existence of a Freestanding Composite sign will prevent the proliferation of signs;
provided that where there is more than one entrance per premises only one sign per street frontage will be permitted.
3.Locality Bound Freestanding and Freestanding Composite signs, Locality Bound Farm signs and Conservation Facility signs may not exceed 7.5m in height and in addition may not exceed 4.5m2 in total area. This provision may be waived to a maximum height of 10m and a maximum total area of 15m2 per side, having regard to the following factors—
(i)whether such increase reduces the number of individual signs facing any one street boundary of the site, thereby minimising the visual impact on the surrounding environment;
(ii)the number of businesses, farm activities or conservation facility activities which will be advertising on such sign;
(iii)the number of approach/exit routes to the site in question; and
(iv)the applicable land use of the area surrounding the site in question.
4.Service Station Freestanding Pylon Signs must be locality bound and may only be erected or displayed at service stations adjacent to and directly accessible from the public road at which such a sign is directed and only one service station free standing facility sign per street boundary shall be permitted. This provision may be waived only where these signs are visible from the N1, N2 and N7 Designated Arterial Roads.
5.Service Station Freestanding Pylon Signs shall not exceed 7.5m in height and shall not consist of more than 8 advertising panels of 4.5m2 in total area per side. This provision may be waived to a maximum height of 16m and 8 advertising panels of 6m2 each in total area per side having regard to the factors mentioned in clause 3 above. Service Station Freestanding Pylon Signs may be internally illuminated or electronic subject to the requirements of Section 8(4)(h).
6.The electronic display on a Freestanding Locality Bound Service Station Pylon Sigh must not make use of combinations of colours in a manner which, in the opinion of the Road Authority, is likely to lead to confusion for road users or which may constitute a road traffic safety hazard.

Schedule 4

Flat, projecting, projected and window signs

Subject to approval in terms of this By-law, the erection and display of Flat, Projecting, Projected and Window signs are permitted in all areas of maximum, partial or minimum control.
1.The City will not approve any third party signs on any residential building except as specifically provided for in this By-law.

Flat and Projecting signs

2.Locality Bound and third party Flat and Projecting signs must—
2.1not be erected within 0.6m of the edge of a roadway;
2.2not project in front of a wall more than 1,5m in the case of a sign which has a clear height of more than 7.5m, or more than 1 m in the case of any lesser clear height;
2.3not project more than 250mm over a footway unless such sign has more than 2.4m clear height;
2.4not obstruct the view from any window or any other external opening of any building and no portion of any such sign shall be affixed over, in front of, or onto any window, door or any other openings or architectural features;
2.5not be erected over the position of existing or sealed up windows or openings, where the sealing or closing up serves no purpose except to facilitate the display of a sign;
2.6not project above the top of any wall of a building or beyond either end of any wall of a building to which it is attached;
2.7not be displayed on a fake building which serves no purpose other than to display a sign and which itself constitutes an advertising structure;
2.8be designed so as to become an integral part of the building design.
3.The City may consider applications for signs on the lift machine room, lift shaft, service block or parking level portions on non-residential buildings.
4.The City may consider applications for Locality Bound building names on non-residential and residential buildings, which signs must not be electronic.
5.Flat and Projecting Locality Bound and Third Party signs must not exceed 54m2 in total area and may not exceed one-quarter of the overall area of the surface to which they are affixed or painted, whichever is the lesser. This size restriction may be waived on the following conditions—
5.1A Signage Impact Assessment must be submitted to the City indicating no detrimental environmental impact or where a detrimental impact has been identified, recommending any mitigating measures that may be required to minimise the impact.
5.2If it is proposed to erect a Flat or Projecting sign in a Heritage Protection Overlay Zone, a Heritage Resources Assessment must be submitted indicating no detrimental impact in respect of heritage resources or where a detrimental impact has been identifed, recommending any mitigating measures that may be required to minimise the impact.
5.3Other than for electronic signs, the graphics which are proposed for the said sign must be fixed for the duration of the approval of the sign.
6.The City may consider applications for Locality Bound and Third Party internally illuminated and electronic signs up to a maximum size of 4.5m2 or one-quarter of the overall area of the surface to which they are affixed, whichever is the lesser. This size restriction may be waived subject to the requirements of Section 8(4)(h).

Non-electronic signs

7.The City may consider applications for Locality Bound and Third Party signs on blank common boundary façades of—
(a)non-residential buildings; and
(b)multi-use buildings but only where such signs are positioned on the exterior of the non-residential levels.
8.The City may consider applications for Locality Bound and Third Party signs on public façades of—
(a)non-residential buildings;
(b)multi-use buildings, but only where such signs are positioned on the exterior of the non-residential levels; and
(c)when third party, the signs to be erected on the façades of the buildings in clause 8(a) and (b) must be custom-made design signs, in that they must be exclusively designed and constructed for erection in their location and must contain at least one of the following elements—
(i)special effects such as specialist character cut-outs but excluding LED strip lights where these are the only special effect;
(ii)specialist character shapes;
(iii)three dimensional presentations; or
(iv)moving parts.

Electronic signs

9.Subject to the requirements of Section 8(4)(h), the City may consider applications for Locality Bound and Third Party electronic signs on blank common boundary façades of—
(a)non-residential buildings; and
(b)multi-use buildings but only where such signs are positioned on the exterior of the non-residential levels.
10.Subject to the requirements of Section 8(4) (h), the City may consider applications for Locality Bound and Third Party electronic signs on public façades of—
(a)non-residential buildings; or
(b)multi-use buildings but only where such signs are positioned on the exterior of the non-residential levels; and
when third party, such signs must take the shape of a unique feature on the façade or wall of the buildings on which they are to be erected and the design of the frame must contain one or more of the following design elements—
(i)uniquely designed cladding around the frame which matches the building elevation design or architectural features;
(ii)a pattern either printed onto or cut out on the frame;
(iii)an artistic feature alongside or around the display surface but which stands alone and is not part of the advertising display; or
(iv)internal illumination or backlighting.

Projected signs

11.Locality Bound and Third Party projected signs may be considered for approval on blank common boundary façades of non-residential buildings and multi-use buildings only where such signs are positioned on the exterior of the non-residential levels. The following conditions apply—
(a)Locality Bound and Third Party projected signs must not exceed 54m2 in total area and must not exceed one-quarter of the overall area of the surface to which they are projected, whichever is the lesser. This size restriction may be waived subject to clauses 5.1 to 5.3 of this Schedule.
(b)The graphic content must not exceed 15 bits of information in total in terms of section 8 (5)(t) and Table 4 contained therein.
(c)The graphics must be fixed for the duration of the approval of the sign.
(d)The graphics which are proposed must not contain any animation, multiple graphics, moving features or any other special effects or displays prohibited in terms of Section 8(4) (j) unless an exemption has been granted in terms of Section 8(4)Q)(ii).
12.Projected signs may be displayed over windows on public façades of non-residential buildings and multi-use buildings only where such signs are displayed on the exterior of the non-residential levels for temporary events relating to international, national or local sports or arts and culture provided that—
(a)projected signs shall only be displayed at the event venue for the duration of the event; and
(b)the City may consider the approval of multiple static graphics but projected signs shall not contain any animation, moving features or any other special effects or displays prohibited in terms of Section 8(4)(j) unless an exemption has been granted in terms of Section 8(4) (j) (i).
13.Projected signs on City land, buildings and infrastructure may be permitted for temporary non-profit body events or community, cultural or sports related events, for the hours during which the event is open to the public, and must be turned off when the event ends daily provided that—
(a)projected signs shall only be displayed at the event venue for the duration of the event, and such signs may be projected over windows; and
(b)the City may consider the approval of multiple static graphics but projected signs shall not contain any animation, moving features or any other special effects or displays prohibited in terms of Section 8(4)(j) unless an exemption has been granted in terms of Section 8(4)(j)(i).

Window signs

14.Window signs displayed on a shopfront, business, commercial, office, industrial or entertainment unit and which are larger than the limits provided in Section 12(7) (a) (iv) and (v) or which are to be displayed on a unit between the first and fourth storeys of a building, may be permitted in all areas of control, provided that window signs—
(a)are Locality Bound signs, and are limited to the windows of the unit occupied by the enterprise to which the Locality Bound advertising relates;
(b)do not extend over window frames, bars, mullions or transoms;
(c)do not extend onto or over the walls of the building plane in which the windows are positioned;
(d)may be required to be made up as individual sign writing elements, or be displayed on a transparent material for reasons of aesthetics, heritage or natural lighting within the unit;
(e)when displayed between the first and fourth storeys of a building, may not exceed 25% of the glazed area or 54m2 in total area, whichever is the lesser;
(f)may not be displayed above the fourth storey of any building; and
(g)when located on windows which are glass cladding or are exterior walls of a façade made of glass, and where such glazing is deemed to be a glass wall, will be considered by the City under the provisions for Flat, Projecting and Projected signs and not as Window signs.

Schedule 5

Sky signs

Subject to approval in terms of this By-law, the erection and display of Sky signs whether of custom-made or of standard design are permitted only in areas of minimum control. In addition—
1.Sky signs must—
(a)be limited to a maximum total size of 4.5m2, provided that this size requirement may be waived up to a maximum of 18m2 per panel upon receipt of a Signage Impact Assessment, indicating no detrimental environmental impact is envisaged and such study should recommend any mitigating measures that may be required as a result of any other impact. Such sign may be a single-sided, two-sided or V-shaped structure;
(b)not obstruct the view from any other building; and
(c)be either unilluminated, internally or externally illuminated, or electronic.
Sky signs along the top edge of the roof of cultural, historic or architecturally significant buildings will only be permitted if they are locality bound, unilluminated, non-electronic and consist of individual cut-out letters or logos.

Schedule 6

Locality bound roof signs

Subject to approval in terms of this By-law, the erection and display of Locality Bound Roof signs are permitted in all urban areas of control except areas zoned for residential purposes in areas of maximum control. In addition—
1.Roof signs larger than 4.5m2, may be affixed flush onto or painted onto a roof of a building and must not exceed 25% of the overall area of the roof to which it is affixed or painted.
2.When attached to the bottom edge of a roof or vertically midway on the roof of a building, such sign must not exceed Im in height and its total area must not exceed 25% of the area to which it is affixed.
3.It shall be permissible to affix a Roof sign along the edge of a roof of a building, if such sign is composed of a single line of individual cut-out letters, without visible bracing or support but such sign shall not—
(a)be erected along more than two edges of such roof;
(b)exceed 3.6m2 in total area; and
(c)exceed a maximum height of 1 m.

Schedule 7

Signs on a verandah, balcony, canopy, supporting columns, pillars and posts

Subject to approval in terms of this By-law, the erection and display of signs on a Verandah, Balcony, Canopy, Supporting Columns, Pillars and Posts may be permitted in all areas of control on condition that such signs comply with the following conditions—
1.Signs will not be allowed on or over architectural features of buildings.
2.Signs may be affixed flat onto or painted on a parapet wall, balustrade or railing of a verandah, balcony or canopy, and beam or fascia of a verandah, balcony or canopy and must not—
(a)exceed 1m in height;
(b)project above, or below or beyond either end of the surface to which they are affixed;
(c)project more than 250mm in front of the surface to which they are affixed;
(d)project over a roadway; or
(e)be within 0.6m of the edge of a roadway.
3.Signs may be affixed flat onto or painted on supporting columns, pillars and posts of buildings. No sign may project more than 50mm in front of the surface to which it is affixed and shall not extend beyond any of the extremities of such columns, pillars or posts. Signs affixed flat onto non-rectangular supporting structures shall be curved to fit the form of such structures. Only one sign shall be allowed per column, pillar or post.
4.Signs suspended below the roof of a verandah, canopy or the floor of a balcony shall not exceed 1.8m in length or 600mm in height. Every such sign shall be either parallel to or at right angles to the building line. No such sign shall extend beyond the external edge of the verandah, canopy or balcony to which it is attached and must have a clear height of 2.4m.
5.Signs on the roof of a verandah, canopy or balcony, excluding the main roof of a building—
(a)must be composed of a single line of freestanding, individual, cut-out silhouette letters without visible bracing or other visible means of support;
(b)must not be erected along more than two edges of such roof of a verandah, balcony or canopy; and
(c)must not exceed 1 m in height.

Schedule 8

Signs on boundary walls and fences, construction site signs and development boards

1.Locality bound signs on boundary walls and fencesSubject to approval in terms of this By-law, the erection and display of Signs on Boundary Walls and Fences is permitted only for locality bound advertising in urban areas of maximum, partial or minimum control. In addition—
1.1In areas of maximum and partial control, the City may approve:
(a)applications to affix locality bound signs of up to 3m2 each against a boundary wall, but cumulatively not exceeding 10% of the visible overall area of the surface of the boundary wall to which they are affixed, if the said signs are—
(i)displayed as flat signs on such wall; or
(ii)composed of individual cut-out letters or symbols and fixed flat on the wall; and
(iii)not projecting more than 50mm from the face of the wall.
(b)applications to affix locality bound signs each larger than 3m2 against a boundary wall, but cumulatively not exceeding 10% of the visible overall area of the surface of the boundary wall to which they are affixed, if the said signs are—
(i)indented into the wall or composed of individual cut-out letters or symbols; or
(ii)fixed flat on the wall, not projecting more than 50mm from the face of such wall.
(c)such signs provided that they do not cover the upper or side edges of the wall or fence surface to within 300mm of such edge;
(d)such signs if externally illuminated or if comprised of individual cut-out letters which may be illuminated by halo lighting.
1.2In areas of minimum control, the City may approve—
(a)applications to affix locality bound signs with a maximum total advertisement area not exceeding 25% of the visible overall area of the surface of the boundary wall to which they are affixed if—
(i)displayed as flat signs or painted signs or composed of individual, cut-out letters or symbols;
(ii)fixed flat on such wall not projecting more than 50mm from the face of the wall to which they are affixed or painted; and
(iii)such signs do not cover the upper or side edges of the wall or fence surface to within 300mm of such edge.
(b)such signs if externally illuminated or if comprised of individual cut-out letters which may be illuminated by halo lighting;
(c)unilluminated locality bound flat signs with a maximum size of 1m2 on the permanent fence of an erf but cumulatively not exceeding 25% of the visible overall area of the surface of the fence. The structural stability and wind load capacity of the fence is to be ascertained by the applicant to the satisfaction of the City.
2.Construction site signsSubject to approval in terms of this By-law, the erection and display of third party and locality bound advertising on Construction Site Signs are permitted in all areas of control.
2.1Locality bound and third party advertising on construction site hoardings shall comply with the following conditions—
(a)Any one sign shall not exceed a vertical dimension of 3m in height and a total area of 18m2 and a repeat of the same graphic and pictorial representation with blank spaces between, may be permitted subject to support in writing from the relevant Road Authority.
(b)Any such sign shall not project more than 100mm in front of the hoarding to which it is affixed.
(c)No illumination thereof is permitted in areas of maximum and partial control.
(d)No advertising on construction site hoardings is permitted behind a signalised traffic intersection where such advertising is within the cone of vision of motorists.
(e)Such signs shall only be permitted when the construction site hoardings are required to be erected for legal, safety or construction reasons, and have not been erected solely or primarily for the purposes of advertising.
(f)In addition to any certificate required regarding structural safety, the City may require the applicant to furnish copies of any additional permits in terms of any applicable legislation.
(g)The City may require a projected project timeline or programme to be provided by the applicant, indicating the project commencement date or construction start date and completion date.
(h)Advertising on construction site hoardings may only be erected one week prior to construction commencement on site and must be removed within one week of completion date.
2.2Locality bound and third party advertising on self-climbing protective screens which provide a secure working environment when working at height, on scaffolding, on scaffold mesh screens, and on scaffolding wraps, shall comply with the following conditions—
(a)
(i)only one sign not exceeding a total advertising area of 54m2 may be displayed per street frontage;
(ii)the display of an artwork that is not related to the sign or the depiction of the architectural representation of the development may be permitted;
(iii)no illumination is permitted in areas of maximum and partial control; and
(iv)such signs shall only be permitted when the self-climbing protective screens, scaffolding, scaffold mesh screens and scaffolding wraps are required to be erected for legal, safety or construction reasons, and have not been erected solely or primarily for the purposes of advertising.
(b)In addition to any certificate required regarding structural safety, the City may require the applicant to furnish copies of any additional permits in terms of any applicable legislation.
(c)The City may require a projected project timeline or programme indicating the project commencement or construction start date and project completion date to be furnished by the applicant.
(d)Advertising on self-climbing protective screens, scaffolding, scaffold mesh screens and scaffolding wraps may only be erected one week prior to construction commencement on site and must be removed within one week of completion date.
2.3Freestanding locality bound construction site signs shall comply with the following conditions—
(a)in areas of maximum control, the size of the sign must not exceed a total of 4.5m2;
(b)in areas of partial control, the size of the sign must not exceed a total of 9 m2;
(c)in areas of minimum control, the size of the sign must not exceed a total of 18m2;
(d)such sign must not exceed an overall height of 5.5m;
(e)only one sign may be displayed per street frontage;
(f)such signs must not be illuminated in areas of maximum and partial control;
(g)such signs must not display any information other than the name and contact information of the construction company;
(h)the City may require a projected project timeline or programme indicating the project commencement date or construction start date and completion date to be furnished by the applicant; and
(i)advertising on construction site signs may only be erected one week prior to construction commencement on site and must be removed within one week of completion date.
3.Development Boards
3.1Subject to approval in terms of this By-law, the erection and display of Development Boards other than those mentioned in Section 12(4) will be permitted on the development site in respect of which a building or site development plan has been approved for a proposed development. In addition—
(a)If the site on which building operations are in progress, is not to be used wholly for residential purposes in areas of maximum control, only one Development Board may be displayed per street frontage and such Development Board must—
(i)not exceed 6m2 in total area;
(ii)not exceed 5.5m in overall height; and
(iii)have a clear height of 2.1 m.
(b)If the site on which building operations are in progress is not to be used wholly for residential purposes in areas of partial control, only one Development Board per street frontage may be displayed and such Development Board must—
(i)not exceed 18m2 in total area;
(ii)not exceed 5.5m in overall height; and
(iii)have a clear height of 2.1 m.
(c)If the site on which building operations are in progress, is to be used wholly for residential purposes in areas of maximum and partial control, and relate to a new development of three or more residential dwelling units, the size of such Development Board may be considered up to a maximum of 18m2 in total area and 5.5m in overall height; and the number of boards limited to one per street frontage having regard to the following factors—
(i)the size of the development;
(ii)the number of entrances to the site being developed; and
(iii)the visual impact on the surrounding environment.
(d)If the site on which building operations are in progress, is in an area of minimum control, such Development Board shall not exceed 36m2 in total area and 7.5m in overall height, and—
(i)must have a clear height of 2.4m; and
(ii)two Development Boards may be displayed on a premises, one per street frontage.
(e)Development Boards may not be erected more than three months before the start of the development.
(f)As part of the application for a Development Board, the applicant must submit a projected project timeline indicating the project commencement date and estimated completion date.
(g)Development Boards must be unilluminated and non-reflective.
(h)Development Boards may only display the following information—
(i)the name and contact information of the developer, financial services provider or property marketing agent;
(ii)a pictorial representation of the proposed development;
(iii)a description of the proposed development;
(iv)the words “for sale”, “to let”, “now selling", “sold”, “launching soon”,“coming soon”, “new development” or “redevelopment”; and
(v)any pricing information.
3.2The City may serve compliance notices requiring the removal of any Development Boards if the building operations have been substantially completed or discontinued, or an Occupancy Certificate has been issued by the City, and such signs must be removed within the timeframes specified in such compliance notices.

Schedule 9

Newspaper headline posters

Subject to approval in terms of this By-law, the erection and display of Newspaper Headline Posters is permitted in all urban areas of control and on allocated permitted routes in natural and rural areas of maximum control. In addition—
1.Application for registration must be made on an annual basis by each newspaper group for permission to display such Newspaper Headline Posters on City land subject to an annual registration fee in terms of the City's approved Tariffs and Charges published from time to time.
2.Only Newspaper Headline Posters for newspapers that are on sale on a daily or weekly basis are permitted to be displayed on the City's electric light poles.
3.When considering an application, the City may limit the number of posters on allocated routes to prevent the proliferation of Newspaper Headline Posters. These numbers may be reviewed by the City from time to time.
4.The content of Newspaper Headline Posters displayed on City property shall be limited to headlines, stories or features contained in the newspapers on sale on a particular day and no third party advertising content will be permitted.
5.Newspaper Headline Posters may not be used as, or for, temporary campaign and event posters.
6.Newspaper Headline Posters may not exceed 0.9m x 0.6m in size.
7.Newspaper Headline Posters may not be pasted on the City’s electric light poles but are to be mounted on board and affixed securely with stout string or plastic ties.
8.The commercial content of the Newspaper Headline Poster may not exceed 20% of the area of the poster nor may such commercial lettering be larger than the main lettering in the remainder of the poster.
9.Newspaper Headline Posters may not be affixed to traffic signal poles, other poles which carry road traffic signs or poles erected for any other purpose, other than City electric light poles mentioned in clause 7 above, or to any other street furniture, walls, fences, trees, rocks or other natural features located on City property.
10.Only 1 Newspaper Headline Poster per City electric light pole, regardless of which newspaper group it is, will be permitted.
11.Newspaper Headline Posters and fastenings are to be removed on a daily basis, failing which, the posters and fastenings will be removed by the City or its authorised agent, at the expense of the person/s responsible for the display of such Newspaper Headline Posters or the Newspaper Group.
12.No Newspaper Headline Poster may be displayed within 30m of any road traffic sign or traffic signal, unless such distance has been exempted, or conditionally exempted, in a designated area in terms of Section 7(6).
13.The City will determine the costs involved for the removal by the City or its authorised agent of unauthorised Newspaper Headline Posters, those displayed in contravention of any provision in this Schedule and those not removed on a daily basis in terms of the City’s approved Tariffs and Charges, as published from time to time. These costs will be reviewed annually in terms of these Tariffs and Charges.
14.Unauthorised Newspaper Headline Posters, those displayed in contravention of any provision in this Schedule and those not removed on a daily basis will be removed by the City or its authorised agent. In addition to recovering the costs of the removal of these Newspaper Headline Posters, the City may recover the costs of the reinstatement of the surface from which these Newspaper Headline Posters were removed, from the person/s responsible for the display of such Newspaper Headline Posters or the Newspaper Group.

Schedule 10

Advertising on tied banners, flags, balloons, inflatables and lamp pole swivel banners

Subject to approval in terms of this By-law, the erection or display of Tied Banners, Flags, Balloons, Inflatables and Lamp Pole Swivel Banners is permitted in all areas of control except natural and rural areas of maximum control and is subject to the City's standard conditions relating to the display thereof as set out below.

Tied banners, flags, balloons and inflatables

1.Approval for locality bound advertising on Tied Banners, Flags, Balloons and Inflatables shall only be granted for a function or event conducted for religious, educational, social welfare, animal welfare, sporting, civic, cultural or voter registration purposes or for political party events.
2.Approval for community information tied banners up to 4.5m2 which are displayed by an organ of state on public land and which displays public messages, may be granted provided that such tied banners—
(a)contain no commercial advertising, commercial sponsorship or commercial advertising campaigns;
(b)if freestanding, have a minimum clear height of 2.1m and do not exceed a maximum overall height of 4.5m; and
(c)are not illuminated.
3.Only one locality bound advertising Tied Banner, Flag, Balloon or Inflatable per premises will be permitted unless the City's written permission is obtained to display more than one of these signs and the applicant is to submit in writing the timeframe required for the erection of such Tied Banner, Flag, Balloon or Inflatable, which timeframe shall not exceed 10 days, unless the City has specified, in its approval, that a longer period has been granted.
4.Tied Banners, Flags, Balloons and Inflatables may not—
(a)be displayed on any bridge or across any public road unless specific consent has been obtained from the City;
(b)be attached so as to interfere with or constitute a danger to passing pedestrians or vehicular traffic;
(c)be larger than 4.5m2 except with the prior written approval of the City;
(d)be displayed within 30m of any road traffic sign or traffic signal;
(e)be affixed to traffic signal poles, or other poles which carry road traffic signs, electrical or service authority distribution boxes, street furniture, rocks, trees, other natural features, or other City property;
(f)be affixed in such a way that they unfairly prejudice other businesses/organisations or obscure any approved existing signs;
(g)be illuminated unless in an area allocated for illumination within an event footprint or venue; and
(h)be affixed to any premises other than the premises concerned and shall not obstruct any sight triangles for side roads or vehicle access points.

Lamp pole swivel banners

5.Lamp Pole Swivel Banners are only permitted for functions or events conducted for religious, educational, social welfare, animal welfare, sporting, civic or cultural purposes or for a function, or event relating to a City, Provincial or Parliamentary election or referendum, or for electioneering campaigns or voter registration purposes. No Lamp Pole Swivel Banners are permitted for any other types of functions, events or purposes. In addition—
(a)Lamp Pole Swivel Banners may not be larger than 1.2m x 2.7m.
(b)Third party sponsors’ names and logos may not exceed 5% of the banner area except with the prior written approval of the City.
(c)The display is limited to allocated routes and allocated City electric light poles.
(d)Only specified temporary lamp pole swivel brackets (bracket details, swivel hinge, mounting system) approved by the City may be used.
(e)Lamp Pole Swivel Banners may not be displayed within 30m of any road traffic sign or traffic signal.
(f)The name of the event must be larger than the third party sponsors' names and logos.
(g)Lamp Pole Swivel Banners may be displayed 7 days prior to the event, or such other time as approved by the City and must be removed within 3 days after the event.
6.The City will recover the cost of the removal of any unauthorised Tied Banners, Flags, Balloons, Inflatables and Lamp Pole Swivel Banners, as well as the cost of the reinstatement of the surface from which such Tied Banners, Flags, Balloons, Inflatables and Lamp Pole Swivel Banners were removed, from the person/s responsible for the display of such banners.
7.Each person intending to display Tied Banners, Flags, Balloons Inflatables and Lamp Pole Swivel Banners shall pay to the City a fee per Tied Banner, Flag, Balloon, Inflatable and Lamp Pole Swivel Banner in terms of the City's approved Tariffs and Charges published from time to time, which is non-refundable and shall entitle that person to display the Tied Banners, Flags, Balloons, Inflatables and Lamp Pole Swivel Banners only for a period stated in the letter of approval.

Schedule 11

Posters

Subject to approval in terms of this Bydaw, the erection and display of Posters is permitted in all areas of control except natural and rural areas of maximum control. In addition—
1.All Posters must be presented to the City in order to obtain a City-issued permit approval sticker, which contains the date on which the poster may be erected on the City's electric light poles and the date on which the poster is to be removed. This printed permit approval sticker must appear prominently on the front of the poster. Posters and all fastening ties must be removed on or before the removal date printed onto the poster permit approval sticker.
2.The name of the event, the host organisation, the date of the event or campaign and the venue must appear on the Posters in letters not less than 50mm in height.
3.The size of the lettering and logo of the commercial content of the poster must not be larger than the size of the main lettering in clause 2 above.
4.No more than a total of 2000 Posters per event or campaign, or group of related events or campaigns, with the exception of election posters, may only be displayed on the City's electric light poles at any one time.
5.Posters may not exceed 0.9m x 0.6m in size.
6.Posters are permitted as Category A where the host or organizer is a non-profit body and the event or campaign is for—
(a)non-profit and community events or campaigns, live theatre productions or art exhibitions, with up to a maximum of 10% commercial sponsorship content, provided that the non-profit body is the actual campaign organiser, host or co­host and has not merely permitted its name/logo to be displayed on the poster, and is not solely a supporter or beneficiary of the event/campaign.
7.Posters are permitted as Category B where the host or organiser is not a non-profit body and the event or campaign is for—
(a)a trade expo (exposition, trade exhibition, consumer show, trade fair or trade show) open to the general public;
(b)national or international entertainers or performers live "in concert”;
(c)a non-profit purpose (i.e. primarily for fundraising or awareness raising) or relating to a sport, the arts, education, health or culture, despite the display of that poster being of a secondary commercial nature;
(d)private school and private college events and open days;
(e)temporary non-profit body events and campaigns with up to a maximum of 20% commercial sponsorship content; and
(f)community markets and cultural events that are not held more than twice a month.
8.Posters are not permitted in respect of the following—
(a)commercial advertising or for the advertising of commercial events, shops'/shopping centres'/malls' sales, in-store promotions, factory sales, commercial services/products offered, private book sales, auctions of goods, product launches, competitions, film releases and film or photo-shoots, music launches, private parties, motivational speakers, “work from home” and private training;
(b)daily, weekly or occasional live performances and DJ appearances (notwithstanding a change of the performer/s) which are held at private clubs, nightclubs, bars, lounges, hotels, shopping centres/malls and restaurants;
(c)markets or exhibitions, which are held on a regular basis of more than twice per month; and
(d)purely for commercial purposes and commercial activations.
9.Posters are to be tied to the City’s electric light poles where available and pasted Posters may only be pasted on designated structures which are approved by the City for the express purpose of pasting Posters. Posters are not to be attached to traffic signal poles, other poles which carry road traffic signs, poles erected for any other purpose, electrical service authority distribution boxes, or any other street furniture, walls, fences, trees, rocks or other natural features, located on City property.
10.Posters may not be pasted on the City’s electric light poles but are to be mounted on board and affixed securely with stout string or plastic fastening. No securing material with a metal content is permitted.
11.Only one Poster per function (or event) may be displayed on any one City electric light pole.
12.No Poster may be displayed within 30m of any road traffic sign or traffic signal, unless such distance has been exempted, or conditionally exempted, in terms of Section 7(6).
13.Posters may not be displayed more than 7 days before the date of the function or event and must be removed within 3 days after the date of the function or event.
14.The display of Posters is prohibited on any bridge and in any other areas that have been prohibited in terms of any by-law that has been repealed by this By-law.
15.The City or its authorised agent shall remove any unauthorised Posters, Posters displayed displayed in contravention of any provision in this Schedule and any Posters not removed by the date referred to in clause 1.
16.The City may recover the costs resulting from the removal of the posters in clause 15 above, as well as the costs for the reinstatement of the surface from which such Posters were removed, from the person/s responsible for the display of such Posters or the person/s responsible for organising, or in control of any meeting, function or event, to which such posters relate.
17.The display of Posters purely for commercial advertising is not permitted, provided that any poster erected or displayed by a person, for a commercial advantage, which relates to a sport, the arts, or cultural event may be permitted, despite the display of that poster being purely for commercial advertising.
18.Each person intending to display a Poster located on City property shall pay to the City a non-refundable fee per poster which shall entitle that person to display the said poster for a maximum period of 14 days, or such other time as is stipulated by the City, such fee being determined in terms of the City’s approved Tariffs and Charges published from time to time. No Poster shall be displayed without such fee having been paid.
19.The City may call for documentary proof of the non-profit body status of a non-profit body and any other relevant documentation as may be required by the City.

Schedule 12

Directional property marketing signs up to 0.3m2 and temporary property marketing signs larger than 0.3m2 in size

Subject to approval in terms of this By-law, the erection and display of Directional Property Marketing Signs, including auctioneer signs and Temporary Property Marketing Signs (larger than 0.3m2 in size), are permitted in all areas of control, except natural areas of maximum control. In addition—
1.Directional Property Marketing Signs may only be displayed from 06h00 on Saturdays to 20h00 on Sundays. Such signs may only be dispalyed on City property, as provided for in this Schedule, when they lead to a property that is on show.
2.Directional Property Marketing Signs may not exceed 0.3m2 in total area.
3.Directional Property Marketing Signs—
(a)may only be attached to the City’s electric light poles where available;
(b)may only be fastened with stout string or plastic ties and no securing material with metal content is permitted;
(c)may not be affixed to trees, traffic signal poles or other poles which carry road traffic signs, walls, fences, rocks, other natural features or to any street furniture or other City property unless authorised by the City in writing; and
(d)may not contain any third party advertising.
4.Where no City electric light poles are available, Directional Property Marketing Signs may be displayed on stakes. Such signs may not be staked into any concrete, tar or paved surfaces and stakes shall not penetrate the ground deeper than 15cm.
5.Only one Directional Property Marketing Sign per agent per City electric light pole may be displayed. Two signboards sandwiched back-to-back around a City electric light pole shall be deemed to be one sign.
6.On the front of each Directional Property Marketing Sign, in addition to the wording “On show” or “Show House”, “Auction”,“To Let”, or similar, only the following information may be displayed—
(a)the original permit sticker issued by the City;
(b)the property marketing agent, auctioneer, and/or property agency’s name and their telephone number or contact details;
(c)n the case of private sellers, the words “Private Seller”, together with their telephone number or contact details;
(d)a directional arrow; and
(e)a QR code.
7.No signs indicating anything other than the property being marketed may be erected or displayed by property marketing agents or agencies.
8.Not more than six Directional Property Marketing or directional auctioneer permit stickers will be issued per property marketing agent or auctioneer, and no more than six directional Property Marketing Signs will be permitted in total per property being marketed, including show houses, show plots and blocks of flats in which a flat is on show.
9.Directional Property Marketing Signs may not be displayed along Scenic Drives, on any bridge, in any public park or public open space and in any other areas that have been prohibited in terms of any by-law repealed by this By-law.
10.Only two Directional Property Marketing Signs per Show house/flat/plot/auction may be displayed along any proclaimed main road, excluding roads referred to in clause 9 above.
11.No Directional Property Marketing Sign shall obscure a road traffic sign.
12.No Directional Property Marketing Sign shall be erected on traffic circles.
13.No Directional Property Marketing Sign may encroach over the road verge and Directional Property Marketing Signs shall not obstruct sight triangles for side roads or vehicle access points.
14.Directional Property Marketing Signs shall be displayed along the shortest route from a main road to the property.
15.Application by each individual property marketing agent or auctioneer on an annual basis must be made to the City for permission to display Directional Property Marketing Signs.
16.Approval to display Directional Property Marketing Signs shall only be granted following payment of an annual fee for registration and a permit fee for six directional permit stickers, in terms of the City's approved Tariffs and Charges as published from time to time, provided that in the case of—
(a)property marketing agents and letting agents, principal agents, nan-principal agents and full status agents may register, and other property marketing agency staff, and house-sitters may not register;
(b)auctioneers; only qualified auctioneers who are members of a recognised institute of auctioneers may register, and other auction company staff, valuers, or house-sitters, may not register;
(c)private sellers; where no property marketing agents are involved, private sellers can make an ad-hoc application for 3 permit stickers.
17.Any Directional Property Marketing Sign or auctioneers' sign dislayed in contravention of the provisions of this Schedule, will be removed by the City or its authorised agents and may be subject to a removal charge by the City, calculated in terms of the City’s approved Tariffs and Charges, as published from time to time. In addition to recovering the costs of the removal of these signs, the City may recover the costs of the reinstatement of the surface from which these signs were removed.In the event that the City is unable to remove a sign due to its inaccessability, photographic evidence of the sign in contravention of the provisions of this Schedule will be obtained by the City and a non-compliance fee will be charged in accordance with the above Tariffs and Charges. The City further reserves the right to institute criminal proceedings in respect of such signs.

Temporary locality bound property marketing signs larger than 0.3m2 in size

18.
18.1Applications for signs larger than 0.3m2 in size must include a motivation and will only be approved if the City is satisfied that a sign up to 0.3m2
(a)is inadequately exposed or obscured by a building, trees or other features on or outside the subject property;
(b)is not very clear as a result of the viewing distance;
(c)is to be erected or affixed where the building is set back more than 15m from the property's street boundary; or
(d)is obscured from visibility from the opposite side of an abutting dual carriageway road.

Flat and projecting signs

18.2If a 0.3m2 sign would not provide adequate exposure, larger signs may be applied for as flat or projecting signs—
(a)up to a maximum size of 1m2, in the case of residential properties and single unit flats;
(b)up to a maximum size of 1.5m2 in the case of commercial properties and multi­units or flats; and
(c)up to a maximum size of 4.5m2 in the case of properties in industrial areas.
18.3Flat or projecting signs may not exceed a display period of 3 months, and re­application will be required if the property is still on the market after 3 months.
18.4When erected as flat or projecting signs, such signs may not cover any windows, other openings or architectural features of a building, must be to the satisfaction of the City, fit within the facia of balconies, canopies or verandahs and may not project above, below or beyond the edge of such balconies, canopies or verandahs.
18.5Only one flat or projecting sign per street frontage is permitted, which restriction may be waived up to a maximum of two signs per street frontage but only if one sign will not provide adequate exposure.
18.6Such flat or projecting signs must contain the main wording“For Sale”, “Now Selling”, "To Let”, or “Auction”.
18.7A "Sold","Gone"or "Fully Let" sticker may be placed over any approved temporary locality bound property marketing sign larger than 0.3m2 indicating “For Sale”, “Now Selling”, “To Let” or “Auction” which sign must be removed by the expiration of the 3 month approval period or within two weeks after the sale or letting of the property. The period of display shall not be extended to accommodate a “Sold”, “Gone” or “Fully Let” sign and no new such sign may be erected.

Freestanding signs

18.8If a 0.3m2 sign would not provide adequate exposure, larger signs may be applied for as freestanding signs—
(a)up to a maximum size of Im2, in the case of residential properties and single unit flats;
(b)up to a maximum size of 1.5m2 in the case of commercial properties and multi­units or flats; and
(c)up to a maximum size of 4.5m2 in the case of properties in industrial areas.
19.Freestanding signs will only be permitted where there are no boundary walls or fences at any residential, commercial or industrial premises or on vacant erven, and subject to conditions on inadequate exposure set out in clause 18.1 above.
19.1Only 1 Freestanding Sign or one V-shaped sign will be considered per property per street frontage.
19.2Such Freestanding Signs shall not exceed a display period of 3 months, and re­application will be required if the property is still on the market after 3 months.
19.3Such Freestanding Signs may not obscure municipal road signs, street names or traffic signals and shall not obstruct sight triangles for side roads or vehicle access points.
19.4Such Freestanding Signs may not project over the property’s boundary.
19.5Such Freestanding Signs must contain the main wording “For Sale”, “Now Selling”, “To Let", or “Auction”.
19.6A "Sold”,"Gone"or "Fully Let" sticker may be placed over any approved temporary locality bound property marketing sign larger than 0.3m2 indicating “For Sale”, “To Let” or “Auction” which sign must be removed by the expiration of the 3 month approval period or within two weeks after the sale or letting of the property. The period of display shall not be extended to accommodate a "Fully Let”, “Sold” or “Gone” sign and no new such sign may be erected.

Schedule 13

Loose portable signs

Subject to approval in terms of this By-law, the erection and display of Loose Portable signs is permitted in all urban areas of control. In addition—
1.Loose Portable signs placed in the Road Reserve or on City-owned property without the written permission of the City are not permitted in terms of this By-law.
2.The City may summarily remove Loose Portable signs placed without the City's permission in the Road Reserve or on City-owned property and may impound these signs.
3.The City will consider applications to permit the placement, within the Road Reserve or on City owned property, of one Loose Portable sign per business which must comply with the following requirements—
(a)The Loose Portable sign must not pose a hazard to public safety.
(b)The Loose Portable sign must not obstruct or inconvenience the public either by its physical size or location.
(c)The Loose Portable sign must not unfairly prejudice other traders.
(d)The Loose Portable sign must not detract from the amenity of the local streetscape or local environment.
(e)The Loose Portable sign is to be solely used to advertise the name of the business, and goods for sale or services rendered from the advertiser's premises.
(f)The maximum dimensions of the Loose Portable sign shall be 1.2m (height) x 0.6m (width).
(g)The Loose Portable sign shall be placed flush against the advertisers’ premises, provided that the above criteria are met.
(h)A minimum clear footway width of 1.2m adjacent to the sign must remain clear and such sign may not obstruct sight triangles.
4.Approved Loose Portable signs will be allocated to an area within the Road Reserve or on City-owned property where, during normal trading hours, advertisers may then place the approved Loose Portable signs within the allocated area. The said Loose Portable signs must be removed outside normal trading hours and stored away from public view.
5.The allocated area for displaying the Loose Portable signs will be subject to an encroachment fee to be paid by the advertiser at a rate to be set by the City in terms of the City's approved Tariffs and Charges published from time to time.
6.Notwithstanding the above, the City may cause the removal or impoundment of any Loose Portable sign should such sign be displayed in contravention of any provision of this Schedule and the City may recover the costs of the removal or impoundment of such signs from the person/s responsible for its display in terms of the above-mentioned Tariffs and Charges.

Schedule 14

Aerial signs

Subject to approval in terms of this By-law, the erection and display of Aerial Signs may be considered for approval as temporary locality bound signs and may be permitted only in urban areas of partial or minimum control except as otherwise stated below. In addition—
1.Any Aerial Sign affixed to any building or structure located on a property may not exceed a maximum height of 45m measured from the ground level.
2.Aerial Signs affixed to any building or structures must be fixed in such a way that they are not flown above a Public Road.
3.An aerial advertisement may not exceed 36m2 in overall area.
4.Applications for Aerial Signs attached to a building shall be accompanied by a structural engineer's appointment form and engineering details as to how the Aerial Sign will be affixed.
5.Only one Aerial Sign per property will be approved for a display period not exceeding 14 days per calendar month.
6.Aerial Signs may not be flown above a Public Road unless the road is temporarily closed for a non-profit body event and such signs are displayed in terms of a signage masterplan.
7.Aerial Signs may only be erected or displayed during daylight hours.
8.The City may approve more than one Aerial Sign in any area of control for a non-profit body event or sports event with or without third party sponsor’s content provided that these are displayed at the event venue, footprint or along the event route.
9.Aerial Signs that incorporate the use of drones or model aircraft to transport or display any form of event advertising or sponsors' advertising may be permitted subject to the City’s event permitting requirements and will be limited to the event venue, footprint or along the event route.
10.Other than as permitted in clause 9 above, Aerial Signs that incorporate the use of drones or model aircraft to transport or display any form of third party advertising are prohibited.
11.Aerial Signs may not be illuminated or electronic and no animation of any format shall be allowed on Aerial Signs.

Schedule 15

Transit advertising signs for non-profit events

Subject to approval in terms of this By-law, the erection and display of Transit Advertising signs is permitted in all urban areas of control as set out below. In addition—
1.The conveyance of a Transit Advertising Sign is not permitted unless it is only for transportation purposes and not for third party advertising purposes.
2.The parking of a Transit Advertising Sign which is visible from a public road or a public place for the purpose of third party advertising is prohibited, except when displayed at a non-profit body event venue for the duration of the event in any urban area of control and in terms of the positions allocated in an event footprint signage masterplan.
3.Transit Advertising Signs parked on private property for the purposes of storage shall be positioned in such a manner so as not to be visible from a public street or public place.
4.Side advertising panels of the Transit Advertising Sign shall not exceed a maximum size of 18m2 each and the front and rear advertising panels shall not exceed a maximum size of 6m2 each.
5.Notwithstanding any provisions of this By-law, the City or its authorised agents may without prior notice carry out the removal of any unauthorised Transit Advertising Sign from City property, and, in the case of unauthorised transit advertising on private property, the City may serve a compliance notice calling for removal in terms of this By-law.
6.Transit Advertising Signs must be securely fixed to the ground at the parking location.
7.Transit Advertising Signs may only be illuminated or electronic if these are parked at a City approved non-profit body event venue or footprint.
8.Transit Advertising Signs may not be displayed on or from any craft, buoy, platform or boat on water for the primary purpose of advertising if visible from any public place.

Schedule 16

Signs on city-owned land, buildings or infrastructure

1.The City may from time to time make its land, buildings and street furniture available for permitting thereon the erection and display of advertising signs, for non-profit or commercially sponsored signage purposes, and may grant concessions to particular persons or organisations for such purposes, whether occupied by the City or by a tenant of the City, provided that—
(a)The City’s applicable procurement policy and asset management processes and procedures must be followed when doing so.
(b)The City shall set out the specifications for signs on City land prior to calling for proposals.
(c)Such signs must comply with the provisions of this By-law, including those pertaining to the particular sign types.
(d)The erection and display of such signs must also serve an identified public or community need, benefit or goal.
(e)Signs with political content will not be permitted unless provided for elsewhere in this By-law.
(f)The City, as landowner, reserves the right not to proceed with any proposal prior to final approval thereof and the call for invitations for proposals in any respect shall not be regarded as a decision by the City to proceed with the erection of a sign in respect of a specific site.
2.Temporary event related signage, on City land, buildings and infrastructure is limited to the benefit of non-profit bodies, community, cultural or sports events only, including sports events hosted by other entities which are free and accessible to the general public.
3.Temporary signage purely for commercial events, including promotions, marketing and commercial activations, launching of products and services, are not permitted on City land, buildings and infrastructure.

Schedule 17

Signs erected by or for the benefit of non-profit bodies

1.Notwithstanding the area of control within which it is proposed to erect a sign by or for the benefit of a non-profit Body, and subject to compliance with all other provisions of this By-law, the City may consider such a sign for approval, subject to the following:
(a)In the application to be submitted in terms of Section 5 written details from the host non-profit body regarding the nature and extent of the support to be received from the erection or display of the sign must be provided to the City together with the other information set out in Section 5.
(b)The specific requirements of each particular sign type set out in this By-law must also apply to signs by or for the benefit of non-profit bodies.
(c)Such signs are only permitted on land controlled and used by such non-profit body.
2.In addition to the conditions set out in the Schedule applicable to the type of sign applied for, the following conditions will apply:
(a)Signs with a political content will not be permitted.
(b)The name of the non-profit body must be displayed prominently along the top of the sign with a minimum 300mm lettering height.
(c)Only one Billboard or Flat Sign up to 6m x 3m each will be permitted per street or rail reserve frontage, or when erected as a Billboard, one V-shaped or back-to-back sign with a maximum size not exceeding two panels of 6m x 3m each per such frontage on any one property.
(d)Internally illuminated or electronic Billboards or Flat Signs may be displayed up to a maximum of 18m2 per panel if a waiver is granted in terms of section 8(4)(h). In considering such waiver, the City will have regard to assessments of the impact on road and traffic safety, heritage resources, scenic resources, residential amenities and the environment as may be requested by the City, indicating the potential impacts of the proposed waiver together with recommendations for mitigation of those impacts. These assessments must be conducted by appropriately qualified persons or practitioners.
(e)Where a non-profit body proposes a sign on state owned land, the original or a certified copy of the written authorisation from the relevant Organ of State must accompany the application submission, in which the Organ of State authorises the use of its land for income generating purposes from an advertising concession and which authorisation includes the approval of the nature and extent of the benefit to the non-profit body.
(f)The City may require submission of a Signage Impact Assessment, Traffic Impact Assessment or Heritage Resources Assessment, conducted by appropriately qualified persons or practitioners, indicating no negative impact thereon.
(g)The City may call for documentary proof of the non-profit body status of the non-profit body and any other relevant documentation as may be required by the City.
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History of this document

15 August 2024 this version