Buffalo City
South Africa
South Africa
Advertising Signs and the Disfigurement of the Front or Frontages of Streets By-law, 2010
- Published in Eastern Cape Provincial Gazette 2279 on 10 February 2010
- Commenced on 10 February 2010
- [This is the version of this document from 10 February 2010 and includes any amendments published up to 15 March 2024.]
Purpose of the By-law
The purpose of this By-Law is to provide a set of regulations governing the use of land and buildings for outdoor advertising and signage, and all other matters pertaining thereto.Chapter 1
Definitions
In this By-Law, unless the context otherwise indicates:"Advertising structure" means any physical structure built or capable of being used to display a sign."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 can be flown from within the Municipality's area of jurisdiction."Approval" means approval by the Municipality."Areas of control" means those areas as set out in the Municipality's Advertising Signs PoLicy; and which may be modified and/or amended from time to time, which amendments and modifications will be graphically depicted by way of maps as prepared by the Municipality from time to time."Banner" means any material upon which a sign is displayed in such a manner as to be fully legible in windless conditions, attached to one or more ropes, poles or flagstaffs projectinq vertically, horizontally or at an angle, or attached to buildings or special structures, but excludes banners carried as part of a procession. A flag which is not displayed on an approved flag pole shall for the purposes of this By-Law, be deemed to be a banner."Billboard" means any screen or board which stands free and is larger than 6m² in total 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 sign."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."Commercial advertising" means any words, letters, logos, fiqures, symbols, 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 primary purpose, which is to promote or contribute to some recognised public or community goal or function."Common boundary façade" means any façade of a building which is built abutting a rear or side boundary of an erf and which façade is blank, and as such having no architectural features, which includes windows."Composite sign" means a single advertising structure for the display of more than one advertising sign, either freestanding or affixed to a building."Consultant" means a suitably qualified independent person or company that acts on behalf of, or as an agent of, an applicant for approval of a sign."Continuing offence" means an offence in terms of this By-Law, which continues to exist, after the expiry of the notice period referred to in a notice served in terms of this By-Law."Custom made design" means the design of any sign, which features special effects such as specialist character cut outs and/or shapes and/or three dimensional presentations or moving parts and which is uniquely designed and/or constructed for erection in a particular location."Development board" means a sign displayed at premises upon which building operations are currently in progress or envisaged to proceed and relating to any services being provided, work being done or goods being supplied in connection with such building operations. This excludes contract boards for building and civil engineering projects as required in terms of the National Building Regulations and Building Standards Act, 103 of 1977 as amended from time to time and defined in terms of the General Conditions of Contract and/or Specifications of the appropriate institutions."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 sign; and "displayed" has a corresponding meaning."Electronic sign" means a sign which has an electronically controlled, illuminated display surface which allows all, or a portion, of the sign to be changed, or illuminated in different ways."Environmental Impact Assessment" (EIA) means an assessment carried out in accordance with the Municipality's guidelines for outdoor advertising."Estate Agency" means a person who markets and/or sells properties with or without buildings erected thereon and "estate agent" has a corresponding meaning."Existing sign" means any sign previously approved by the Municipality."Flat sign" means a sign which is affixed to, 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 250 mm in front of the surface of such wall."Freestanding sign" means any sign or group of signs contained or displayed on one freestanding structure which is not attached to a building or to any structure or object 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."Headline poster" means a temporary poster advertising the contents of a daily or weekly newspaper.The "Height of a sign" is calculated by measuring the vertical distance between the uppermost and lowest parts of the structure."Heritage Impact Assessment" (HIA) means a visual assessment of the impact that any proposed sign may have on the cultural heritage, whether built or recognised, at the locality where the proposed sign will be displayed."Internally Illuminated Sign" means an advertisement or 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."Law" means any 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 and may include (that subject to a prescribed encroachment fee) such a sign on rnunicipal owned land, adjacent to, abutting on and/or within 5 metres of the aforementioned ert; premises or building which sign refers to an activity; product; service or attraction; located, rendered or provided on or from that erf or those premises."Loose portable sign" means a freestanding locality bound notice or advertising board placed or erected in the Road Reserve or in a public open space."Movable sign" means a sign not permanently fixed and not intended to remain fixed in one position, but does not include any moving part on a fixed permanent sign."Municipality" means the Buffalo City Municipality and includes any executive councillor, [or] Committee, [or] Sub-Committee established by the Municipality, or any employee, [thereof, [or] duly authorised agent thereof acting in connection with this By-Law by virtue of a power vested in the Municipality and delegated to such employee or agent."New sign" means any sign first displayed after the promulgation of this By-Law;"Non-profit body" is a body established primarily to promote a community goal or benefit without direct or personal financial gain; and may include educational, sporting, medical, municipal departments; bodies as well as charities or community organisations. The Municipality may call for documentary proof, (which may include the production of bank statements) of the non profit status or community benefit objective of the body."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 or Junction" 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; an organ of statea company incorporated or registered as such under any lawa body of persons, whether incorporated or not, functioning as a single entity for whatever purposeindividual person"Poster" means temporary signs capable of being attached to the Municipal electrical light standards and/or pasted to fixed structures to advertise events or campaigns."Projected sign" means any sign projected by a laser projector, video projector, or other apparatus."Projecting sign" means a sign which is affixed to a wall of a building and which at some point projects more than 250 mm in front of the surface of such wall."Public façade" means any public façade that has windows or other architectural articulation."Public place" means any public road, public street, thoroughfare, bridge, SUbway, footway, foot pavement, footpath, sidewalk, (or similar pedestrian portion of a Road Reserve), lane, square, open space, garden, park or enclosed place vested in the Municipality, 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 public road as defined in the National Road Traffic Act 93 of 1996."Road Authority" means the road authority as defined in Section 2 of the Roads Ordinance (Ordinance 19 of 1976)."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."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 No 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 designated as such on an approved zoning scheme and from which landscapes or features of aesthetic or cultural significance can be seen or viewed."Security sign" means an outdoor sign for neighbourhood watch and similar schemes, and a sign containing the name, logo, address and telephone number of a security company contracted to protect, or security system installed to protect, the premises on which the sign is displayed."Servlce station facility sign" means freestanding signs at petrol filling stations, roadside rest and service areas and includes service station pylon signs."Shop" means a building used for retail trade or services."Sign" means any object, product, replica, advertising structure, mural, device or board which is used to publicly display a sign or which is in itself a sign; and includes a poster and a billboard."Signalized 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 affixed to kerbs" means pole-mounted, double-sided, internally illuminated or unilluminated signs displayed in combination with names of streets, not exceeding 1 m²."Street furniture" means public facilities and structures which are not intended primarily for advertisinq and includes but is not limited to seating benches, planters, bins, pole mounted bins, bus shelters, sidewalk clocks, drinking fountains, Telkom boxes, traffic signal controllers, electricity boxes, post boxes and telephone booths, but excludes road traffic signs, traffic signals, street lights or any other road-related structures."Temporary signs" means signs which are displayed for a maximum period of 14 days, or such other period as may be approved."Thickness" in relation to a projecting sign, means the width of such sign measured parallel to the plane of the main wall to which such sign is affixed."Third-party advertising" means the advertising of goods or services that are not made, procured, sold or delivered from the property on which the sign and/or sign advertising of those goods or services is fixed or placed, and includes advertising which is not locality bound as well as the display of a sign which is made, procured or sold from the property but advertises goods or services which are not made, procured, sold or delivered from that property."Three dimensional sign" means a sign containing more than 2 dimensions, including product replicas."Traffic Impact Study" (TIS) means a study carried out by a registered Professional Engineer with demonstrable experience in the field of traffic engineering that investigates the impact a proposed sign may have on vehicle/pedestrian/cyclist safety and traffic operation.The study should recommend any mitigating measures that may be required as a result of that impact."Traffic Sign" means a road traffic sign as prescribed in the National Road Traffic Act No. 93 of 1996."Traffic Signal" means a road traffic signal as prescribed in the National Road Traffic Act No. 93 of 1996"Transit advertising" means advertising by means of a movable sign which is capable of being transported by road either on or in conjunction with a motorized vehicle, inclUding trailers primarily used for advertising."Transportation Terminals" means any area designated by the Municipality as such, where the formal interchange of modes of public transport takes place by the public, including, but not limited to designated railway stations, official taxi terminals and bus terminals."Urban edge line" means a predetermined point-to-point boundary line as determined by the Municipality from time to time, which has as its purpose, the containment of urban development."Verandah" includes a cantilevered canopy and sunblind."Window signs" means signs which are temporarily or permanently painted on, or attached to the window-glass of a building."Zone" means a land use zone as set out in the relevant zoning schemes or Town Planning Regulations as amended from time to time and applicable to any erf on which a sign is displayed or intended to be displayed and "zoning" has a corresponding meaning.Chapter 2
General provisions
1. Submission of applications
2. Charges and general factors in considering approval and/or amendments/conditions to approval
3. Factors relating to specific signs, areas of control and commercial sponsored signs
The Municipality shall, in addition to the factors set out hereinabove, apply certain minimum standards to certain specific sign types and proposed localities when an application for approval is made in respect thereof and will apply certain specific criteria to applications for the erection of signs by non-profit bodies. These specific standards and criteria are set out in the Municipality's Advertising Signs Policy which may be amended from time to time.Illumination requirements
Road traffic safety requirements
Table 1: Linear spacing between signs | |||
---|---|---|---|
Case | Spacing required when visible to traffic on a road with a speed of: | ||
60 km/h | 61 - 80 km/h | 81 -120 km/h | |
Where an advertising sign follows a road sign | 380m | 425m | 475m |
Where an advertising sign follows an advertising sign | 310m | 360m | 410m |
Where an advertising sign precedes a road sign | 40m | 70m | 100m |