CITY OF JOHANNESBURG OUTDOOR ADVERTISING BY-LAW, 2021

CITY OF JOHANNESBURG

OUTDOOR ADVERTISING BY-LAW, 2021

The City Manager of the City of Johannesburg Metropolitan Municipality hereby in terms of

section 13(a) of the Local Government: Municipal Systems Act, 32 of 2000, read with section

162(2) of the Constitution, 1996, publishes the Outdoor Advertising By-law for the City of

Johannesburg Metropolitan Municipality as approved by its Council which will come into

operation on the date of promulgation of this notice.

TABLE OF CONTENTS

1. CHAPTER 1: INTERPRETATION AND APPLICATION

2. CHAPTER 2: APPLICATIONS AND APPROVALS

3. CHAPTER 3: GENERAL REQUIREMENTS, EXEMPTIONS AND PROHIBITIONS

4. CHAPTER 4: CRITERIA FOR DIFFERENT TYPES OF ADVERTISING SIGNS

AND ADVERTISEMENTS

5. CHAPTER 5: POSTERS

6. CHAPTER 6: MISCELLANEOUS

CHAPTER 1

INTERPRETATION AND APPLICATION

1. Definitions

2. Application

CHAPTER 2

APPLICATIONS AND APPROVALS

3. Approval of advertising signs

4. Application Process

5. Advertising of the Outdoor Advertising Application

6. Composition and Functions of the OASC

7. Appointment of independent member of the OASC

8. Termination of membership if independent members of OASC

9. Evaluation of administrative compliance

10. Recommendations of the OASC and decision by the ED

11. Approval of advertising signs

12. Withdrawal and amendment of approvals

13. Safekeeping of documentation for approved signs

14. Application for renewal of an advertising sign

15. Outdoor Advertising Appeals Committee (“OAAC”)

CHAPTER 3

GENERAL REQUIREMENTS, EXEMPTIONS AND PROHIBITIONS

16. General requirements for advertising signs

17. Power cables and conduits to signs

18. Exempt advertising signs and advertisements

19. Prohibited signs

CHAPTER 4

CRITERIA FOR DIFFERENT TYPES OF ADVERTISING SIGNS AND

ADVERTISEMENTS

20. Position and spacing

21. Billboards

22. Custom-Made Billboards

23. Building wrap signs

24. Gantry advertising signs

25. Product replicas and three-dimensional advertising signs

26. Roof signs

27. Veranda, balcony, canopy and under-awning advertising sign

28. Vehicular advertising

29. Trailer advertising sign

30. Advertisements on construction sites

31. Estate agent signs

32. Street name advertising signs

33. Forecourt Signs

34. Stack Signs

35. Tourism Signs

36. Development Signs

37. Service Facility Signs

38. Tower and Bridge Signs

39. Projecting signs

40. Pylon signs for on-premises advertising

41. Advertising signs placed flat on buildings or painted on a wall of a building and

bridges

42. Signs relating to the development of townships and properties

43. Sky Signs

44. Advertising signs depicting name, profession or occupation at residential buildings,

dwelling houses and dwelling units

45. Sun-blind advertisements

46. Advertisements on banners, flags and similar objects

47. Advertisements on blimps

48. Signs incorporated into the fabric of a building

49. Street furniture

50. Signs for sale of goods or livestock

51. Signs on municipal property

52. Signs for a road traffic project

53. Loose portable signs

54. Functional signs by public bodies

55. Signs by NPO

56. Handbills, Leaflets, Pamphlets and Community Newspaper

57. Murals

58. Street pole advertising

59. Security signs

60. Fence advertisements

61. Newspaper headlines signs

62. On-premises business signs

63. Residential or Community advertising signs

64. Advertising signs at educational facilities and sport stadiums and field

65. Window signs

CHAPTER 5

POSTERS

66. Areas of control for Posters

67. Specifications for Posters

68. Conditions applicable to Posters

69. Positioning and other requirements of Posters

70. Approval of Posters

CHAPTER 6

MISCELLANEOUS

71. Maintenance and removal of advertising signs

72. Duration of approvals granted under previous By-laws or other applicable legislation

73. Serving of notices

74. Inspections

75. Offences and penalties

76. Repeal of By-laws

77. Tariffs

78. Title

SCHEDULE 1

SCHEDULE 2

CHAPTER 1

INTERPRETATION AND APPLICATION

1. Definitions

In these By-laws, unless the context otherwise indicates –

“adjoining” means all the adjoining property owners/occupiers which include the

properties on the opposite side of a street or lane;

“advertisement” means any representation by a word, or abbreviation thereof, letter,

logo, symbol, sign, figure, painting, drawing or other pictorial representation, or light,

displayed in or in view of any public place, Provincial or National Road within the

jurisdiction of the City for the purpose of drawing the attention of the public to or

promoting any product, service, business or commercial enterprise, trade, person,

election or candidature in an election, voter registration, entertainment, function,

meeting or other event, aspects relating to security and news headlines;

“advertising” means the act or process of displaying an advertisement and

“advertise” has a corresponding meaning;

“advertising precinct” means an advertising area specifically designated and

approved as an advertising precinct by the City;

“advertising sign” means a screen, fence, wall or any other object, structure or

device, freestanding or attached to any wall or structure, in a fixed position intended

to be used or used for the purpose of displaying any advertisement and any object,

structure or device which is in itself an advertisement, in or in view of a public place,

Provincial or National Road and includes an advertising hoarding and billboard and in

so far as any provision of these By-laws relating to an advertising sign is practically

capable of being applied to an advertisement, includes an advertisement other than

an advertisement displayed on an advertising sign and a poster;

“applicant” means a person who makes an application in terms of the provisions of

this By-law on public or private land and it includes such person’s duly authorised

agent;

“approved” means approved in writing by the City and “written approval” has a

corresponding meaning;

“arcade” means a covered pedestrian thoroughfare not vested in the City, whether

or not located at ground level, passing wholly or partly through a building and to which

the public normally has regular and unrestricted access;

“area of control” means the degree of advertising control to be applied in a specific

area, i.e. maximum-, partial- or minimum control in accordance with the visual

sensitivity of an area and traffic safety conditions as contemplated in Schedule 2 to

this By-law or in terms of an Outdoor Signage Management Framework as approved

by the City;

“area of maximum control” means an area subject to stringent control of outdoor

advertising due to its sensitivity to visual disturbance;

“area of minimum control” means an area subject to minimal control of outdoor

advertising due to the areas’ concentrated economic activity where the dominant

concern and motivation is to conduct business and to sell products and services;

“area of partial control” means that portion of an area of minimum control located

within 50m of an area of maximum control, and as determined by the City from time

to time;

“authorised official” means any official of the City who has been authorised by the

City to implement and enforce the provisions of these By-laws;

“banner” means a piece of cloth or similar material on which an advertisement is

displayed in such a manner that it is legible in windless conditions and is attached to

one or more ropes, poles or a flagstaff that projects vertically, horizontally or at any

angle from the building or structure to which it is attached or is attached to a building

or other structure, but excludes a banner carried as part of a procession;

“billboard” means a sign supported by a free-standing structure which may pasted

with vinyl or covered, pasted or written upon by a combination of such methods and

may feature special effects such as internal illumination, special character cut-outs or

three-dimensional representations;

“blimp” means a gas-inflated balloon or other object, including any such object

capable of carrying passengers, which is attached or anchored to the ground upon

which an advertisement is displayed;

“building line” means a building line determined under an applicable town planning

scheme or any other law or document that has the force of law;

“building schedule” means a development programme for the construction or

renovation of a building or structure specifying the different phases of the development

or renovation and the type of construction prepared by a person undertaking the

activities concerned;

“Building wrap” means a sign of vinyl mesh or similar material attached to a building

and or structure under construction, renovation or maintenance for the duration of

such construction, renovation or maintenance, or to an unsightly building or structure;

“Bus Rapid Transit System” means the public transport system as approved by the

City;

“City “means:

(a) the City of Johannesburg Metropolitan Municipality established by Provincial

Notice No. 6766 of 2000, as amended, or

(b) its successors in title; or

instruction, where any power in these By-laws has been delegated or sub-

delegated, or an instruction given, as contemplated in section 59 of the

Municipal Systems Act, as the case may be;

“clear height” means the vertical distance between the lowest edge of an advertising

sign and the level of the ground, footway or roadway immediately below such sign;

“construction site” means a property or portion of a property on which any building

or structure is under construction after building plans have been approved in terms of

the National Building Regulations and Building Standards Act, or provisional

authorisation has been granted in terms of Section 7(6) of that Act, or on which a

building or structure is in the process of being demolished, which require that a

hoarding or fence be erected as contemplated in Regulation F1of the Regulations

issued under the said Act;

“custom-made billboard” means a billboard not less than 18m² and not exceeding

81m² in sign area, which features special effects such as internal illumination, special

character cut-outs or three-dimensional representations as well as rotating or scrolling

panels that provide a number of different messages in succession;

“directional sign” means an advertising sign indicating or directing the attention of

the public to a place, undertaking or activity for the purpose of advertising it;

“display” means the display of an advertisement and “displayed” has a

corresponding meaning;

“dwelling house” means one dwelling unit forming a single building;

“dwelling unit” means an interconnected suite of rooms designed for occupation by

a single family, irrespective of whether the dwelling unit is a single building or forms

part of a building containing two or more dwelling units;

“election” means a national, provincial or local government election, any by- election

and a referendum held in terms of any law;

“electronic advertising sign” means an advertising sign, which has an electronically

or digitally controlled, or both an electronically and digitally controlled, illuminated

display surface, which allows for different advertisements to be shown, changed,

animated or illuminated in different ways and at different intervals on one such sign;

“estate agents’ sign” means a sign advertising the fact that land, premises, a

development or other forms of fixed premises are for sale, sold, on show or to let and

real estate agency sign shall have the same meaning;

“event” means an occasion organised for the general public;

“façade” means the principal front of a building;

“flag” means a piece of cloth or similar material upon which an advertisement is

displayed and which is attached to a single rope, pole or flagstaff projecting vertically

in such a way that its contents are normally not legible in windless conditions but

excludes –

(a) a national flag which does not carry any advertisement in addition to the

design of the flag or flagstaff;

(b) a flag carried as part of a procession; and

“forecourt” means an outdoor area forming a legal and functional part of the

premises of a business enterprise, and shall include the area of a filling station where

the fuel pumps are situated, or a terrace in front of a restaurant, including enclosing

fences, walls, screens or similar structures, excluding sidewalk areas intended for

pedestrian circulation;

“forecourt sign” means a sign on a forecourt of business premises, displayed to

draw attention to commercial services, goods for sale or other services available at

the premises, but does not include a combination sign at a filling station or roadside

service area;

“gantry” means a freestanding advertising sign that extends over, or suspends

across a public street erected for the sole purpose of displaying an advertisement;

“Handbills, Leaflets, Pamphlets and Community Newspapers” mean hand

distributed advertising notices in the form of handbills, leaflets, pamphlets and

community newspapers.

“interested party” means any person who has in terms of this By-law submitted an

application or submitted comments or an objection or made representations in respect

of any such application;

“intersection” means that area embraced within the prolongation of the lateral

boundary lines of two or more public streets, open to vehicular traffic, that join one

another at any angle, whether or not one such public road crosses the other;

“Motorway” means a road or part of a road designated as a motorway/freeway in

terms of applicable legislation;

“Municipal Systems Act” means the Local Government: Municipal Systems Act,

2000 (Act, No. 32 of 2000) and any regulations made thereunder;

“Murals” are signs painted directly onto the main walls or roof of a building used for

commercial, office, industrial or entertainment purposes or for larger accommodation

facilities.

“National Building Regulations and Building Standards Act” means the National

Building Regulations and Building Standards Act, 1977, (Act No. 103 of 1977), and

any regulations made there under;

“National Environmental Management Act” means the National Environmental

Management Act, 1998 (Act No. 107 of 1998) and any regulations made there under;

“National Road Traffic Act” means the National Road Traffic Act, 1996 (Act No. 93

of 1996), and any regulations made there under;

“Newspaper headline posters” means a poster announcing or attracting public

attention to newspaper headlines of the day of a specific daily or weekly newspaper,

excluding promotional posters for events, competitions and commercial

advertisements.

“OASC” means Outdoor Advertising Steering Committee established in terms of

section 7 of these Bylaws.

“OAAC” means Outdoor Advertising Appeal Committee established in terms of

section11 of these Bylaws.

“on-premises advertising sign” means an advertising sign located on-

(a) a property other than a public place; or

(b) a public street and adjacent to a property contemplated in paragraph (a),

on which sign an advertisement is displayed, advertising any business,

industry, service, activity or attraction taking place or provided on that

property and “on-premises advertising” has a corresponding meaning;

“outdoor advertising “means the display of any advertisement in or in view of any

public place, Provincial or National Road within the jurisdiction of the City;

“owner” means, in relation to –

(a) property, the person registered as the owner or holder thereof and includes

the trustee in an insolvent estate, the liquidator of a company or a close

corporation which is an owner and the executor of any owner who has died

or the representative recognised by law of any owner who is a minor or of

unsound mind or is otherwise under disability, provided such trustee,

liquidator, executor or legal representative is acting within the authority

conferred on him or her by law. For the avoidance of doubt, the owner also

includes the City and/or any of its municipal entities delegated to be the

custodians of the land owned by the City; and

(b) an advertising sign or advertisement, the person who owns such sign or

advertisement and any person who has a right to, or share in, the ownership

of such sign or advertisement;

“poster” means any placard displaying an advertisement attracting public attention

to any event, activity or product for which a poster may be approved as contemplated

in section 26(1);

“portable advertising sign” means a moveable free-standing temporary advertising

sign displayed on a forecourt of a business premises or sidewalk in front of business

premises to draw attention to commercial services, goods for sale or other services

available at the premises.

“pre-evaluation submission” means the submission envisaged in section 3(4) of

this By-law;

“prescribed” means prescribed by the City;

“product replica or three-dimensional sign” means a replica or device used for

advertising that may be free-standing or attached to a structure, and includes an

inflatable object that is not an aerial sign;

“projecting sign” means an advertising sign, whether stationary or actuated,

attached to and protruding from a building which is used for commercial business,

offices, industrial or entertainment purposes and which projects more than 300mm

from the surface of the wall to which it is attached;

“property” means any piece of land whether registered or not in a deed’s registry as

an erf, lot, plot, farm, stand or agricultural holding.

“public place” means a public street, bridge, subway, a square, open space, garden

and any other enclosed space to which the public has a right of access or which is

commonly used by the public and which is vested in the City in terms of any applicable

law;

“public street” means a road, street or thoroughfare or other right of way to which

the public has a right of access or which is commonly used by the public and includes

any portion of a public street between the edge of the roadway and the boundary of

the land reserved for such public street, including a sidewalk, and it includes Provincial

and National roads and/or motorways;

“pylon sign” means a structure designed solely for advertising purposes to which

an advertising sign is attached, supported by or displayed on or a combination of such

signs, for the purpose of on-premises advertising;

“rates penalty” means the rate penalty as prescribed by the City’s Rates Policy and

as envisaged in section 37(2) of this By-law;

“registered person” means a person registered with the Engineering Council of

South Africa as a professional engineer or professional engineering technologist,

professional certified engineer or professional engineering technician under the

Engineering Profession Act, 2000, (Act No. 46 of 2000);

“residential building” means a building, other than a dwelling house and dwelling

unit, designed for use or used for human habitation and includes a guest house,

boarding house, hotel, residential club and hostel;

“road island” means an area demarcated on a roadway by means of painted lines,

stones, kerbs or other means, with the intention of preventing vehicles from standing

or being operated in that area;

“road median” means a median that separate a specific road/street to allow for traffic

to travel in opposite directions or it separate two different roads to allow for traffic in

opposite or the same direction but on different roads, for example a service road, and

it excludes a road island;

“roadway” means that portion of a public street which is improved, constructed or

intended for vehicular traffic;

“road reserve” means the full width of a public street including the roadway, shoulder

and sidewalk and the air space above a roadway, shoulder and sidewalk and any

other area within the road reserve boundary;

“road traffic sign” means any road traffic sign and traffic signal as contemplated in

the National Road Traffic Act;

“roof sign” means a sign which is fixed to the roof of a building equal to or less than

15 floors in height and used or partly used for commercial, office, industrial or

entertainment purposes and shall include any sign consisting of a single line of free-

standing, individual, cut-out, silhouetted letters, symbols or emblems;

“sale of goods or livestock sign” means an advertisement announcing such a sale

on land or premises not normally used for commercial purposes and includes an

advertisement announcing auctions of household goods on residential properties,

livestock or game on farms, or the proposed sale of property or land by means of a

public auction to be advertised within the road reserve;

“Security advertising sign” means an advertising sign consisting of outdoor signs

for security schemes such as neighbourhood watches, armed responses, security

villages, residential estates, farm watches and similar initiatives indicating that such a

scheme or initiative is operational in the area.

“stack sign” means a combination sign in an area zoned for industrial and

commercial use identifying the businesses within such areas;

“signs incorporated into the fabric of a building” means a sign incorporated in

and forming an integral part of the fabric of a building;

“scaffolding sign” means a system of interlocking poles and bars used to provide

support or access, or both, to a site for construction purposes as regulated by the

South African Bureau of Standards code of practice 085, entitled The Design,

Erection, Use and Inspection of Access Scaffolding;

“scrolling advertising sign” means an advertising sign which by mechanical means

allows the rotation or changing of advertising faces to display different advertisements

on one such sign;

“sky sign” means any advertising sign erected or placed on or above any roof,

parapet wall or the eaves of a building, but does not include an advertisement painted

on a roof of a building;

“storey” means the space within a building, which is situated between one floor level

and the next floor level above, or if there are no clearly defined storeys, a height of

4,5m;

“street furniture advertisement sign” means an advertisement displayed on any

public facility or structure which is not primarily intended for advertising and includes

a seating bench, plant box, sidewalk litter bin, pole-mounted litter bin, public transport

shelter, sidewalk clock, suburban name and a street name signs and drinking fountain;

“street light pole advertising sign” means an advertising sign fixed to or erected

on a street light pole which pole vests in the City or a Municipal Entity;

“streetscape sign” means the visual product of all the features within and adjacent

to a public street such as street furniture, signage and landscaping;

“third-party advertising sign” means an advertising sign located on a property upon

which sign one or more advertisements are displayed which are not descriptive of any

business, industry, service, activity or attraction situated, taking place or provided on

that property and “third party advertising” has a corresponding meaning;

“transit advertising sign” means a vehicle or trailer designed or adapted for

advertising purposes and mainly used for such purposes;

“urban design” means the actions of conceiving and managing the special and

aesthetic characteristics of urban space between and around buildings including

physical elements that make up the streetscape and the combined visual effect of

building facades and other structures;

“vehicular advertising sign” means outdoor advertising on self-driven vehicles

which are normally driven on land or water and which are normally moving; and

“voter registration” means voter registration conducted by the Independent

Electoral Commission established in terms of section 4 of the Independent Electoral

Commission Act, 1993 (Act No. 150 of 1993), for the purpose of any election;

2. Application

(1) This By-law applies to all outdoor advertising in the area and jurisdiction of

the City.

(2) Approval for outdoor advertising in terms of this By-law is required

irrespective of the zoning of any property in terms of any applicable town-

planning scheme and irrespective of the provisions of any other law.

(3) The owner of an advertising sign and any person who has applied for

approval of an advertising sign in terms of this By-law must comply with the

applicable provisions relating to that advertising sign as stipulated in this By-

law.

(4) An approval in terms of this By-law does not exempt the applicant or owner

from complying with any other applicable law.

CHAPTER 2

APPLICATIONS AND APPROVALS

3. Approval of advertising signs

(1) No person may erect an advertising sign or use or continue to use an

advertising sign or any structure or device as an advertising sign without the

prior written approval of the City unless the sign to be erected has been

exempted in terms of section 18Error! Reference source not found. by this

Bylaw from seeking prior approval from the City.

(2) No advertising sign erected and displayed with approval contemplated in

subsection (1) or any by-law repealed by section 76, may in any way be

altered, removed, re-erected or upgraded, other than for maintenance work

which may be required for the upkeep of an advertising sign, without prior

written approval of the City.

(3) In approving the alteration, removal, re-erection, or upgrade as contemplated

in subsection 2 above, the City may stipulate such conditions and

requirements as the City may consider appropriate taking into considerations

the provisions of section 14 of this Bylaw.

4. Application process

(1) An application for approval envisaged in subsection 3(1)above must be on

the prescribed form and accompanied by such documentation, information,

maps, diagrams and plans as set out in Schedule 1 to this Bylaw.

(2) Every application must be accompanied by the prescribed application fee

and, where applicable, a deposit as determined by the City from time to time.

5. Advertisement of the Outdoor Advertising Application

(1) After lodging an application in terms of section 4 above, the applicant must

forthwith display a notice in an A1 size format in English on the application

site in a conspicuous place clearly visible from any public street provided that

no such notice may be displayed during the period from 12 December to 3

January of the following year, both dates included.

(2) The applicant must maintain such notice envisaged in subsection (1) above

for a period of at least 21 days.

(3) In addition to the on-site notice prescribed in subsection (1) above, the

applicant shall also forthwith notify all the adjoining property owners in writing

by registered post or by any other means available to the applicant.

(4) A notice contemplated in subsections (1) and (3) above must contain the

following information:

(a) full details of the application concerned and that it will lie open for

inspection at an address specified in the notice for a period of 21 days

from the date of first display of the on-site notice in terms of subsection

(1);

(b) the name, postal address, telephone number, fax number and e-mail

address of the person submitting the application; and

of the notice envisaged in subsection (1) above submit comments or

representations, or lodge an objection, in writing in respect of the

application concerned.

(5) The applicant must furnish proof to the OASC in the form of an affidavit that it

has complied with the provisions of subsections (1) to (4) above.

(6) Any person proposing to submit comments or representations or lodge an

objection as contemplated in subsection 4(c) above, must address such

comments, representations, or objections to both the City and the applicant

concerned at their respective addresses specified in the notices so

contemplated.

6. Composition and functions of the OASC

(1) The City shall establish the Outdoor Advertising Steering Committee which

shall be responsible for amongst others the evaluation and consideration of

the outdoor advertising applications envisaged in these Bylaw

(2) The OASC shall consist of a minimum of 5 and such maximum number of

members as determined by the Executive Director: Planning who have the

qualifications and or experience in one or more of the following areas:

(a) Legal;

(b) Engineering;

(d) Town Planning;

(e) Architecture;

(f) Land Surveying; and

(g) Outdoor Advertising Industry.

(3) The OASC members in subsection 2 above, must include such independent

and/or impartial external persons appointed in terms of section 7 City

Manager to ensure fairness and promote transparency in the evaluation of

the application.

(4) Notwithstanding the provisions of subsection (2), no official from the

Johannesburg Property Company or any municipal entity that has been

delegated the authority to manage the City’s immovable property in so far,

such management includes outdoor advertising.

(5) The Executive Director: Planning must appoint a member of the OASC to

act as a chairperson of the OASC.

(6) The meeting of the OASC shall not be quorate unless there is at least one

independent and/or impartial member as appointed in terms of section 7.

(7) The functions of the OASC are to evaluate:

(a) applications in accordance with the provisions of this Bylaw, and any

other governance documentation approved by the City;

(b) disputes relating to the non-compliance with the Bylaw and issue

recommendations to the Executive Director: Planning of any rulings

deemed to be appropriate.

7. Appointment of independent members of the OASC

(1) The City Manager must, prior to the appointment of the independent

members of the OASC contemplated in section 6(3), issue a public invitation

for the nomination of persons who have experience of, and demonstrate

acumen in, the matters and areas contemplated in section 6(2)(a) to (h), and

who are not disqualified in terms of subsection 3.

(2) The City Manager must appoint the independent and impartial members from

the persons nominated in subsection (1).

(3) A person shall be disqualified from being appointed as independent member

of the OASC if such a person conducts business in the outdoor advertising

industry or is a member of any of the entities representing the outdoor

advertising industry.

(4) The term of office of OASC members appointed in terms this section shall be

for a maximum period of 2 years.

(5) The members appointed shall be remunerated on the terms and conditions

determined by the City Manager.

8. Termination of membership of independent members of the OASC

(1) An independent member of the OASC may resign by giving one month’s

written notice to the City Manager.

(2) The City Manager may after following due process and after having afforded

such a member a reasonable opportunity to make submissions, terminate

that member’s membership of the OASC if that member has:

(a) repeatedly failed to perform his or her functions efficiently; or

(b) failed to attend two consecutive meetings of the OASC without prior

permission of the chairperson of the OASC.

(3) If an OASC member, appointed at any time during his or her term of office,

becomes disqualified to be an OASC member as contemplated in section

7(3) that member—

(a) must immediately, in writing, inform the City Manager and the

chairperson of the OASC of that disqualification, and once the City

Manager has been so informed, he or she must forthwith, in writing,

remove that member as an OASC member ; and

(b) may not attend an OASC meeting from the time he or she has so

become disqualified until he or she is removed by the City Manager.

9. Evaluation of administrative compliance

(1) Notwithstanding the role of the OASC, the Executive Director: Planning may

appoint an administrator who shall be responsible for the following tasks:

(a) receiving and safekeeping all applications from the public, including, an

electronic storage of each copy of the application received; and

in order to determine whether all the requisite documentation has been

provided and thereafter compile an administrative compliance report for

the OASC.

(2) When evaluating applications, the OASC must firstly consider the

Administrative Compliance Report and adopt the report with or without

amendments.

10. Recommendations of the OASC and decision by the ED

(1) In executing its functions in terms of subsection 6(7) above, the OASC may

make any of the following recommendations to the Executive Director:

Planning:

(a) acceptance of the application subject to any conditions it deems

appropriate;

(b) seek further documentation on the application and thereafter make a

final decision; or

(d) removal of any advertising sign that does not comply with the By-law;

(e) imposition of fines for advertising sign that does not comply with the By-

law.

(2) In considering an application submitted in terms of section 4, the OASC must

have due regard to the following:

(a) the compatibility of the proposed advertising sign with the environment

and with the amenity of the immediate neighbourhood, urban design

and streetscape;

(b) whether the proposed advertising sign will –

(i) have a negative visual impact on any property or a property zoned

or used for residential purposes under any applicable town-

planning or land use scheme; or

(ii) constitute a danger to any person or property or to motorists or

pedestrians or obstruct vehicular or pedestrian traffic or constitute

a traffic hazard in general;

(iii) in any way impair the visibility of any road traffic sign;

(iv) obscure any existing and legally erected advertising sign;

(v) obscure any feature which in the opinion of the OASC is a natural

feature, architectural feature or visual line of civic, architectural,

historical or heritage significance; or

(vi) in the OASC’s opinion, be unsightly or objectionable or

detrimentally impact on the architectural design of any building on

the property concerned or any adjacent or nearby property.

property concerned and on any adjacent property and its visibility in the

circumstances in which it will be viewed in compliance with the

minimum distances specified in this By-law.

(d) Any restrictive or other condition and any existing building line and

servitude specified in a title deed, town planning scheme, conditions of

establishment or any other law;

(e) Any comments/objections/representations submitted by and conditions

determined or prescribed by any statutory authority in terms of any

legislation applicable to outdoor advertising;

(f) Any written representations, objections and comments received from

any interested party;

(g) Compliance with the provisions of this By-law or any other applicable

law;

(h) Promotion and/or advancement of new SMME entrants in the outdoor

advert

(i) Any other governance document as approved by the City and relevant to

outdoor advertising.

(3) In considering disputes relating to non-compliance with the By-laws, the

OASC must adhere to the principles of audi alteram partem rule.

(4) Once the OASC has made a recommendation a full written record of the

decisions must be submitted to the office of the Executive Director: Planning,

who must make a final decision.

(5) The written record contemplated in subsection (4) above must include a

report by the independent or neutral external persons outlining either

concurring or dissenting with the majority decision of the OASC.

(6) The Executive Director: Planning may upon receipt of the recommendation

by the OASC either approve or refuse or refer the recommendation back to

the OASC for further considerations.

(7) The Executive Director: Planning must make the decision contemplated in

subsection (6) above within 30 days of receipt of the OASC

recommendations.

11. Approval of advertising signs

(1) The approval of a sign in terms of these Bylaws must not be construed as

approval in terms of any other act, ordinance, bylaw or regulation, and

approval must be obtained in the manner prescribed in the relevant act,

ordinance, bylaw or regulation.

(2) The approval period of signs may not exceed a maximum period of 5 years.

(3) Notwithstanding the maximum period stipulated in subsection (2) above,

OASC may in exceptional circumstances and upon a properly motivated

request by an applicant, recommend to the City’s Council to grant an approval

for a sign for a period of more than 5 years but not exceeding 9 years 11

months.

(4) The exceptional circumstances that may warrant an approval period

exceeding 5 years may include but not limited to the following:

(a) the nature and extent of the capital outlay for the sign in question;

(b) promotion and/or advancement of new SMME entrants to the outdoor

advertising industry;

(5) The City shall withdraw any approval given under this Bylaw where the

relevant sign does not or ceases to comply with these Bylaws, or a condition

imposed in such approval has not been complied with.

(6) If an application submitted in terms of section 4 has been refused in terms of

section 10(6), no further application may be lodged in respect of the same

exact application site for a period of two years from the date of such refusal,

unless a motivation is submitted in writing for approval indicating a change of

circumstances.

(7) If an advertising sign approved in terms of section 10(6) above is not

completely erected within six months from the date of notification of such

approval or within a time specified in such approval or any further period which

the OASC on good cause shown allows in writing, the approval shall

automatically lapse, whereafter a new application must be submitted in terms

of section 4.

(8) After the erection of an approved advertising sign, the applicant shall provide

the OASC with a completion certificate by a registered engineer within 2 days

of date of such erection.

(9) The OASC must for its records retain every application, plans, drawings and

other documentation submitted in terms of section 4 read with Schedule 1 for

a period it considers appropriate.

(10) No approval granted in terms of this section has the effect that –

(a) any person is exempted from any provision of any other law that might

be applicable to outdoor advertising; or

(b) the owner of the advertising sign is exempted from the duty to ensure

that such sign is designed, erected, completed, displayed and

maintained in accordance with the provisions of this By-law and any

other applicable law.

(11) The OASC shall consider the application on written submissions only and no

formal oral hearing will be conducted.

(12) A decision on a complete application shall be taken within 3 months of date

of submission of the application, failing which, it shall constitute grounds for

unreasonable delay and an appeal may be submitted in that regard in terms

of section 15, if the applicant so wishes.

12. Withdrawal and amendment of approvals

(1) The OASC may, after having considered any representations made in terms

of subsection (2) below, withdraw an approval granted in terms of section

10(6) above or granted in terms of any previously repealed By-law or other

legislation applicable to outdoor advertising or amend any approval by

adding, amending or deleting a condition in respect of such approval if, in the

opinion of the OASC, the advertising sign concerned –

(a) is or has, as a result of a change to the nature of the environment or

the amenity of the neighbourhood, streetscape or urban design existing

at the time of such approval, become detrimental to the area in which it

is located by reason of its size, intensity of illumination, quality of

design, workmanship, material or its existence;

(b) constitutes, or has become, a danger to any person or property;

architectural feature or visual line of civic, architectural, historical or

heritage significance; or

(d) has become prohibited in terms of these By-laws or any other law;

(2) Prior to taking any decision in terms of subsection (1) above, the OASC must

in writing notify the owner of the advertising sign concerned and the owner of

the property on which such sign has been erected of its proposed decision

and that he or she may within 21 days of the receipt of the notice make written

representations concerning the proposed decision.

(3) The owner of the advertising sign concerned and the owner of the property

concerned must forthwith be given notice in writing of any decision in terms

of subsection (1).

(4) The City must upon written request provide written reasons for its decision as

contemplated in Section 5 of the Promotion of Administrative Justice Act,

2000.

13. Safekeeping of documentation for approved signs

(1) The owner of a property upon which a sign or an advertising sign is erected,

attached or displayed, must retain certified copies of all documentation

relating to the application for approval of such sign in terms of this By-law and

the approval of the City in terms of this By-law, for as long as that sign is

erected or displayed, and must on request by an authorised official, present

such documentation.

(2) The owner of an advertising sign, who is not also the owner of the property or

building on which such sign is displayed, must provide the owner of that

property or building with a certified copy of all documentation contemplated

in subsection (1), relating to such advertising sign.

14. Application for renewal of an advertising sign

(1) Any application for renewal shall be submitted to the OASC for consideration

in terms of section 4, within 5 months prior to the expiry of such an approved

advertising sign.

(2) The provision of sections 4, 5 and 6(2) shall apply mutatis mutandis to an

application for a renewal of an existing advertising sign.

15. Outdoor Advertising Appeals Committee (“OAAC”)

(1) The City shall establish the Outdoor Advertising Appeals Committee which

shall be responsible to hear and adjudicate on the appeals lodged against

the decision of the Executive Director: Planning contemplated in section

10(6)

(2) The OAAC shall consist of a minimum of 5 and such maximum number of

members as determined by the City Manager who have the qualifications

and or experience in one or more of the following areas:

(a) Legal;

(b) Engineering;

(d) Town Planning;

(e) Architecture;

(f) Land Surveying; and

(g) Outdoor Advertising Industry.

(3) The OAAC members in subsection (2), must include such independent

and/or impartial external persons by the City Manager to ensure fairness

and promote transparency in the disposal of the appeal lodged.

(4) The provision of sections 7 and 8 shall apply mutatis mutandis to the

appointment and termination of independent and/or impartial members of

the OAAC.

(5) Any person whose rights and interests are affected by a decision issued

by the Executive Director: Planning, may appeal against the decision of

the Executive Director: Planning by lodging a written notice of appeal,

specifying the grounds of appeal, within 21 days of the date on which he

or she was notified of the decision.

(6) The persons referred to in subsection (5) above shall be limited only to an

applicant for advertising sign, persons who submitted comments or an

objection or made representations in respect of any such application or

person whose signs has been declared not to comply with this By-law or

person who submitted comments or an objection or made representations

in respect of an advertising sign that does not comply with this By-law.

(7) The City shall give notice to all other interested parties, if any, that an

appeal has been lodged and whether they want to make any further written

submissions in respect of the appeal within 14 days of date of such

notification.

(8) The OAAC shall consider the appeal on written submissions only and must

consider such appeal and make a recommendation to the City Manager,

who shall make a decision thereon within 30 days after receipt of the

OAAC recommendation.

(9) The City Manager may uphold the appeal, with or without amendments, or

dismiss the appeal.

(10) The City Manager must forthwith after a decision has been taken in terms of

subsection (9), in writing, notify the appellant thereof and any other interested

parties, if any.

CHAPTER 3

GENERAL REQUIREMENTS, EXEMPTIONS AND PROHIBITIONS

16. General requirements for advertising signs

(1) The owner of an advertising sign must ensure that such sign is designed or

located so as not to –

(a) be detrimental to the nature of the environment, streetscape, urban

design or detract from the architecture of any building on which or

where such sign is to be located, by reason of abnormal size,

appearance, intensity of illumination, workmanship, design or its

existence;

(b) wholly or partially obscure any other advertising sign previously erected

which displays an advertisement;

(d) project outside the boundaries of the property on which it is to be

erected or displayed;

(e) result in the removal of, or damage to, any trees in a public place

without prior written authorisation of the Council;

(f) be unsightly and/or objectionable and not to comply with minimum

distances as prescribed in in this By-law in relation to any other

advertising sign;

(g) have a detrimental visual impact on any residential property within the

immediate area;

(h) obstruct a fire escape or the means of access to or egress from a fire

escape; or

(i) comply with the minimum clearance with regard to overhead power

lines stipulated in any law.

(2) The owner of the sign shall be held responsible for any damage or loss

caused by the advertising sign and/or due to the display of the sign.

(3) Any advertising sign on a public road/street or facing a public road/street,

must comply with the following requirements:

(a) except for street light pole and on-premises advertising signs, a

minimum distance of a 100m must be maintained between approved

advertising signs or advertisements on the same side of a public /road

street or on private property, provided that the City may require a

minimum distance exceeding 100m if it considers it necessary in the

interest of road safety; and

(b) except for static on-premises advertising signs flat against a building,

no advertising sign may be located inside a prohibited area at any on-

and off-ramp of a motorway, and inside a prohibited area of an

overhead road traffic sign targeting the same critical traffic direction, as

depicted in Schedule 3

(3) Any advertising sign on a public /road street or facing a public street/road

controlled by road traffic signs or signals must in addition to any other

requirement in terms of this By-law or any other applicable law, comply with

the following requirements:

(a) no advertising sign may obscure or interfere with any road traffic sign

or create a traffic hazard;

(b) any advertising sign must be clear of any road traffic signs concerned

and must be positioned in compliance with the following:

(i) no free-standing on-premises advertising sign greater than 8m²

in extent shall be allowed within a 100m from the nearest road

traffic sign or signal at an intersection;

(ii) no street furniture used for advertising or a sign containing the

name of a suburb and an advertisement at an intersection may

be within 5m from any road traffic sign;

(iii) except for temporary construction site advertising signs and

street furniture advertising signs, no other third party advertising

sign may be positioned within 100m from the nearest road traffic

sign or signal at an intersection.

Schedule 3 to be considered and incorporated.

(4) Traffic flow may not be impeded during the erection and maintenance of an

advertising sign located in a public street, unless prior permission has been

obtained and necessary precaution arranged with the City.

(5) As a guideline, no freestanding third-party advertising sign on any property,

except for those located in an advertising precinct

, may exceed:

(a) in an area of partial control, 40m²; and

(b) in an area of minimum control, 120m².

(6) Notwithstanding the guideline as set out in subsection (5) above, the City may

approve an application in excess of the sizes stipulated in subsection (5)

above on good cause shown.

(7) The overall height of an advertising sign may not exceed 12m with a clear

height of 2.1m, provided that the City may in granting an application in terms

of section 4(1), approve a height in excess of the height stipulated in this

subsection on good cause shown.

(8) The following maximum luminance levels per square metre shall be

applicable for all classes of advertising signs where illumination is permitted:

Illuminated area

less than 0,5m²

0,5 m² < 2m²

2 m² < 10 m²

10 m² or more

Max. luminance

1 000 candela/m²

800 candela/m²

600 candela/m²

400 ndela/m²

17. Power cables and conduits to signs

(1) Every power cable and conduit containing an electrical conductor for the

operation of an advertising sign must be so positioned and attached so that

it is not unsightly.

(2) No advertising sign may be connected to any electricity supply without the

prior written permission of the electricity supply authority concerned and such

permission must, on request by an authorised official, be presented to him or

her by the owner of the advertising sign concerned.

We must consult with client in order to understand the concept of advertising precinct and thereafter we will

consider if it is possible to provide for this precinct in a constitutional manner.

18. Exempt advertising signs and advertisements

(1) The following advertising signs and advertisements are exempt from the

provisions of this By-law:

(a) An advertising sign on a property where a building, swimming pool,

tennis court, paving, fencing or garden landscaping or any other

structure is in the course of being constructed, erected, carried out or

altered and on which the activity concerned is described and the name

of any architect, contractor or consultant concerned in such activity is

displayed and the branch of the industry or the profession involved is

specified, provided–

(i) only one such sign, or set of signs is permitted per street frontage

of a property; and

(ii) such sign is placed on or affixed to the building concerned or

attached to the boundary wall or fence of the property on which

the activity is taking place; and

(iii) such sign may not exceed 8m² in extent with a maximum height

of 6m, if the name of the architects, consultants and contractors

or all of them are displayed; and

(iv) such sign may not exceed 2m² in extent if the names of the

contractor, sub-contractor, or both of them, are displayed; and

(v) such sign is removed within 21 days of the completion of the

activities contemplated in this paragraph;

(b) In an area of maximum control, an advertisement consisting of one

metal plate or board not exceeding 600mm x 450mm in size, displaying

the name, address and telephone number of a security company

contracted to protect a property and firmly affixed to the boundary wall,

fence or gate on the street of the property concerned;

wall or fence of a property on which the existence of a security company

or protection service conducted on that property is displayed;

(d) A single advertisement not exceeding 600mm x 450mm in size on any

street boundary of a property or portion of a property on which the

existence of a security service or burglar alarm system is displayed;

(e) An on-premises advertising sign comprising–

(i) a non-illuminated advertising sign not projecting over a public

street and not exceeding 8m² in extent displaying the trade,

business, industry or profession conducted by any occupant or

resident of the building to which such sign is attached, and the

name of such occupant and resident, the address and telephone

number of the occupant and resident and the hours of business;

provided only one such sign per occupant or resident is displayed;

and

(ii) An illuminated advertising sign not exceeding 12m² in extent,

incorporated in the face of a building and a sign forming an

integral part of the fabric of a building, not on or attached to the

building in any manner.

(iii) Street furniture advertisements not exceeding 2m²;

(2) The following advertising signs and advertisements are exempt from

compliance with the provisions of section 4 application process, but must

comply with any other applicable provision of this By-law:

(a) Any advertising sign and advertisements associated with and displayed

at or on public transport shelters and stations;

(b) A poster relating to voter registration for the purposes of an election

displayed by the Independent Electoral Commission in terms of section

27 of the Electoral Act 73 of 1998;

government event or activity, subject to compliance with section 48 of

the Electoral Act 73 of 1998;

(d) A poster advising of an event, activity, function or meeting organised by

a registered political party, subject to compliance with section 67;

(e) An advertising sign provided for in terms of sections 10, 11, 12, 15(1),

18, 19, 20(1) and 23 and complying with the applicable requirements of

those sections;

(f) An advertising sign not exceeding 2m² indicating the existence of a

Block or Neighbourhood Watch System, Community board, displayed

on a boundary wall or fence or in a position approved by the Council;

(g) An advertising sign for hawkers once a permit has been issued in terms

of the relevant by-laws which is limited to two signs per hawker and

which must be removed daily at close of business of such hawker;

(h) Any advertising sign which has been erected in terms of a Council

approved initiative in terms of a Council Resolution which is deemed to

be in the public interest or which is deemed to be of local, Provincial or

National interest.

(3) Any advertising sign referred to in subsection (2) which does not comply with

any provision of this By-law relating to such sign, may only be erected or

displayed after approval of an application in terms of section 4.

19. Prohibited signs

(1) In addition to any other prohibition, expressed or implied, in this By-law, no

person may erect or display any advertising sign –

(a) painted on, attached to, or attached between the columns or posts of,

a veranda;

(b) which projects above or below a fascia, bearer, beam or balustrade of

a veranda or balcony fronting on a public street;

bearer, beam or balustrade of any splayed corner of a veranda or

balcony fronting on a public street;

(d) on calico, paper machete, plastic, woven or similar material unless –

(i) it is an advertising sign contemplated in sections 43 and 44;

(ii) it consists of a flexible face and forms part of an advertising sign

approved in terms of section 4;

(iii) which is a swinging sign, not rigidly attached to any building or

structure;

(iv) which may obscure, or be mistaken for, or interfere with the

functioning of, a road traffic sign;

(v) which may endanger the safety of motorists by restricting their

vision or line of sight;

(vi) which is suggestive of indecency and/or prejudicial to public

morals;

(vii) which obstructs any window or opening in a building provided for

the ventilation or natural light of that building or which obstructs

any stairway or doorway or other means of exit from a building or

which will prevent the movement of persons from one part of a

roof of a building to another part thereof;

(viii) which is an animated or flashing advertising sign, the frequency

of the animations or flashes or other intermittent alternations of

which may disturb the residents or occupants of a building or is a

source of nuisance to the public or detrimentally affect or pose a

risk or threat to road traffic or pedestrian safety;

(ix) which is an illuminated advertising sign, the level of illumination

of which disturbs the residents or occupants of a building or is a

source of nuisance to the public or a portion of the public or

detrimentally affect or pose a risk or threat to road traffic or

pedestrian safety;

(x) which is a movable either temporary or permanent advertising

sign, other than those allowed in terms of this By-law;

(xi) which is painted on or attached to a boundary wall or fence which

wall or fence has not been approved as an advertising sign in

terms of section 4;

(xii) which is on a road island, excluding street light pole advertising

signs;

(xiii) which is attached to a security access control structure to any

area property or building;

(xiv) which is a painted third-party advertising sign onto the roof of any

building;

(xv) in the middle or on the median island of a motorway marked as

such whether Provincial, National or local and it includes street

pole advertising signs;

(xvi) against any telecommunication/cell mast or what is deemed to be

infrastructure pylons.

CHAPTER 4

CRITERIA FOR DIFFERENT TYPES OF ADVERTISING SIGNS AND

ADVERTISEMENTS

20. Position and Spacing

(1) The following advertising signs must be positioned and spaced in accordance

with the requirements set out in Table 1 below:

(i) billboards;

(ii) gantries;

(iii) product replicas and three-dimensional advertising signs;

(iv) flat signs,

(v) advertising on bridges,

(vi) landscape advertisements; and

(vii) all other relevant advertising signs as required by the City.

Table 1: Position & Spacing Requirements

Speed

Distances required

between advertising

signs visible from each

other, measured from

the nearest pole of the

advertising signs

Distances required between

advertising signs and road sign where

the advertisement and content of the

road sign are visible for the same

direction of travel measured from the

nearest pole of the advertising sign to

the road sign, parallel along the road

where the sign is located

Distance required from

advertising signs to intersection

measured from the nearest pole

of the advertising sign to the

centre of the cross road, parallel

along the road where the sign is

located

0  60

250m

50m

61 – 80

250m

50m

80m

> 80

250m

200m

100m

Spacing Requirements: Small Electronic Billboards

0  60

1,5km apart

50m

100m

61 – 80

1,5km apart

50m

200m

> 80

2km apart

200m

All distances will be measured from the closest edge of the advertising sign to the relevant point.

(2) In addition to the requirements of subsection (1) , a single sided advertising

sign must be displayed perpendicular to or at an angle that is easily readable

for the oncoming traffic.

(3) In the case of an advertising sign comprising of more than one side, the

advertisement must be displayed with the axis of symmetry perpendicular to

the direction of the oncoming traffic.

21. Billboards

(1) The following criteria as included in Table 2 will apply for billboards :

Table 2: Location, Size and Height

Super Billboards

Large Billboards

Small Billboards

Electronic

Billboards

Area of control

Minimum

Minimum / Partial

Minimum /

Partial

Size of

Larger than 40m²

up to and

including 81m

Larger than 18m²

up to and including

40m

Larger than 4,5m²

up to and including

18m

Larger than

4,5m² up to and

including 36m².

Larger than

37m² up to

95m²,

conditions 14.4

below will apply

Speed (where

permitted)

Any speed

Only on roads with

speed limits less

than or equal to 80

km/h

Only on roads with

speed limits less

than or equal to 80

km/h

Only on roads

with speed

limits less than

or equal to

80km/h

Maximum Height

advertising

sign

12,5m

10,5m

7,5m

Billboards shall be permitted inside metropolitan road reserve or other

Municipal owned land, with specific attention to:

o Road Safety (Section 10),

o Combination and clutter of advertising

(2) The clear height of the billboard shall not be less than 2,4m.

(3) An Environmental Impact Assessment (EIA) shall be required. Such

assessment shall be conducted by a specialist being a competent

professional environmental practitioner who is registered with a professional

body or association. Such EIA must include and contain Advertising Impact

Assessment and Visual Impact Analysis in terms of the provisions of the

Environmental Management Act, act 107 of 1998.

(4) Illumination is only permitted if the road along where the billboard is located,

is illuminated, and only if it does not constitute a road safety hazard or cause

undue disturbance. No animation is permitted, except for small electronic

billboards.

(5) An advertising impact assessment (AIA) shall be required for an electronic

billboard.

(6) No super billboard or electronic sign shall be erected within a radius of 100m

from the edge of any area of maximum control, measured from the nearest

edge of the advertising sign, and no small billboard or large billboard shall be

erected within a radius of 50m from the edge of any area of maximum control,

measured from the nearest edge of the advertising sign.

(7) If positioned in the road reserve, the billboard must be a minimum of 5m from

the shoulder breakpoint of the road. In the event of a kerbed road, 4,5m will

be permitted.

(8) The horizontal clearance of the footing or the upright shall be reduced to

2,5m, and must then be protected by guard rails.

(9) Be displayed between the angles of 90 and 60 degrees to the direction of the

oncoming traffic.

(10) Be spaced a minimum distance apart as required by Table 2 above the Road

Traffic Safety Requirements sections of this bylaw.

(11) If located at signalized traffic intersections: not be erected or displayed within

50m of the perimeter of the intersection if unilluminated; and within 80m of

the perimeter of the intersection if illuminated.

22. Custom-made billboards

(1) A custom-made billboard shall be not less than 18m² but not exceeding

81m² in sign area, and could feature special effects such as internal

illumination, special character cut-outs and three-dimensional

representations as well as rotating or scrolling panels that provide a

number of different messages in succession.

(2) A custom-made billboard may only be permitted in areas of minimum control,

with the exception of signs in this class not exceeding 36m² in area of partial

control.

(3) The clear height of the advertising structure shall be not less than 2,4m.

(4) A custom-made billboard consisting of a single sign shall be displayed

perpendicular to or at an angle of 30° to the direction of oncoming traffic.

(5) In the case of two boards joined together, the advertisement shall be

displayed with the axis of symmetry perpendicular to the direction of

oncoming traffic.

(6) A custom-made billboard may not be animated.

23. Building wrap signs

(1) Building wrap signs will only be permitted in areas of minimum control.

(2) The height of advertising signs allowed in this class shall not exceed the

extremities of the outside walls of the building, and shall not exceed above

the top of the building. The advertisement is not allowed within the first 6

metres from the natural ground level of the building.

(3) The position and spacing requirements for this class of advertising signs are

as follows:

(a) Not on top of, or above the walls of a building.

(d) Shall not be painted or pasted directly on any wall.

(e) Shall not encroach on the road reserve of any road at all.

(f) Shall preferably be affixed against a fire wall

(g) Shall not be closer than 3m from any opening that forms part of an

emergency route.

(4) These advertising signs shall be externally illuminated from the bottom or the

top, but shall not be animated. Illumination will not be permitted where it will

impact on areas of partial or maximum control.

(5) The class consists of advertising signs fixed flat against any outside wall of a

building made of vinyl mesh or similar material, in such a way that it will cover

more than seventy percent of the total outside wall area of the building and

that it will therefore create the perception that the building is wrapped in one

advertisement.

(6) An advertising impact assessment (AIA) shall be required.

(7) It must adhere to all the requirements stated in the National Building

Regulations and Building Standards Act, Act 103 of 1977, or as amended

from time to time.

(8) The advertising sign shall not obstruct any window, door, balcony, passage,

staircase of a building, roof top, any means of egress to the fire escape, or

any means of exit from a building or which will prevent the movement of

persons from one part of a roof to another part thereof.

(9) It shall not be used against a building’s side which relies on ventilation by

means of openable windows, breakable panels or where it can hamper or

have a negative effect on mechanical or natural smoke ventilation systems.

(10) The advertising sign, material and ink used on the sheet must be tested by

an approved fire testing facility in South Africa. A test certificate must be

submitted to the City for consideration.

(11) Proof to the satisfaction of the City must be submitted to confirm that the

building wrap will adhere to the Building Regulations and all the requirements.

(12) In the case of construction or renovation of a building, an approval of a

building wrap sign shall be for a maximum period of twelve months but

renewable on such conditions as the Executive Director: Planning may

determine.

(13) A building wrap may only be displayed for the duration of the construction,

renovation or maintenance work.

(14) A building wrap may also be displayed for two weeks prior to and for the

duration of an international sport, art or cultural events.

24. Gantry advertising signs

(1) This class will only be permitted in areas of minimum control.

(2) No gantry shall be erected within a radius of 100m from the edge of any area

of maximum control, measured from the nearest edge of the advertising sign.

Should the uprights of a gantry be positioned adjacent to areas of minimum

and partial control respectively, the area of control will be classified as

minimum control.

(3) The size and height of advertising signs allowed in this class, are as follows:

(a) Size of advertisement: 36m² to 81m².

(b) Maximum height from the road surface to the top of the advertising sign:

12,5m.

the road surface: 5,7m; except in the event where the City shall

prescribe additional clearance.

(3) Criteria as included in Table 1 above apply, and in addition gantries must be

spaced at least 1km apart on roads with a speed limit of ≤ 80kph if visible

from each other.

(4) This class consist of two types of gantries, namely:

(a) A portal gantry is a structure which is mounted on both sides of a road

surface within the road reserve.

(b) Dependant on the width of the roadway, a maximum of two equal sized

advertisement panels with a maximum size of 81m² each shall be

considered next to each other on the same gantry structure and double

in aggregate for the reverse sides.

form one unit.

(d) A cantilever gantry is a structure mounted with an overhang onto a

shoulder or a roadway, erected within the road reserve on the median

of a divided dual carriageway. Dependant on the width of the roadway,

a maximum of two equal sized advertisement panels with a maximum

size of 81m² each shall be considered, and must be displayed back to

back. If the back display area does not flight an advertisement, it must

be cladded at all times for aesthetical purposes.

(6) The horizontal clearance of the footing or the upright of the advertising

structure must be a minimum of 5m from the shoulder breakpoint of the road.

In the event of a kerbed road, 4,5m will be permitted.

(7) The horizontal clearance of the footing or the upright shall be reduced to

2,5m, and must then be protected by guard rails.

(8) Illumination of the sign is only permitted if the road along where a gantry is

located is illuminated and only if it does not constitute a road safety hazard

or cause undue disturbance. No animation is permitted.

(9) An advertising impact assessment (AIA) shall be required for any gantry.

(10) The structure is to display an advertisement/s on display panels of the

advertising structures at all times for aesthetical purposes.

25. Product replicas and three-dimensional advertising signs

(1) Product replicas and three-dimensional advertising signs will be permitted in

areas of partial and minimum control.

(2) The size and height of advertising signs allowed in this class, are as follows:

(a) Size: Partial Control: Vertical Maximum: 1,5m

Diameter Maximum: 1m Minimum

Control: Vertical Maximum: 2m

Diameter Maximum: 1,3m

(b) Height from ground level to the top of the advertising sign: Partial

Control: 3m

(3) A criterion as included in Table 1 above applies for advertising signs with non-

locality bound advertisements.

(4) The position and spacing requirements for this class of signs are as follows:

(a) The relevant Consent use or Town Planning Scheme is applicable.

(b) One sign per street frontage (maximum two per site).

City.

(5) These advertising signs shall only be illuminated if the road is illuminated,

animation shall not be permitted.

(6) This class consists of product replicas and other three-dimensional devices

used for the purpose of advertising and shall be free-standing or attached to

a building. This advertising sign type shall be associated only with shopping

centres, or other commercial areas, or industrial areas.

(7) This class shall not include signage for small businesses on urban residential

sites or on buildings that house residential home-undertakings and

community institutions.

(8) Product replicas shall not dominate prominent architectural features of any

building.

(9) No product replica or three-dimensional advertising sign shall be erected

within a radius of 100m from the edge of any area of maximum control,

measured from the nearest edge of the advertising sign.

26. Roof signs

(1) Roof signs will be permitted in areas of partial and minimum control.

(2) The size and height of advertising signs allowed in this class, are as follows:

(a) Size of advertisement area:

(i) Partial / Minimum control: Maximum area: 18m

- 300m²

(ii) Height: shall not be higher than the height restriction in terms of

the relevant Town Planning Scheme.

(b) The position and spacing requirements for this class of advertising

signs are as follows:

(i) Only locality bound advertisements.

(ii) Maximum one advertising sign per building.

(iii) Bottom of sign not more than 120mm above roof.

(d) This class consists of advertising signs which are fixed to the roofs of

buildings lower than or equal to fifteen floors used or partly used for

commercial, office, industrial or entertainment purposes, it shall also

include any advertising sign consisting of a single line of free-standing,

individual, cut- out, silhouetted letters, symbols or emblems.

(e) No roof sign shall be erected within a radius of 100m from the edge of

any area of maximum control, measured from the nearest edge of the

advertising sign.

(f) A roof sign shall not exceed 300 mm in thickness.

(g) A roof sign shall not extend beyond the roof of the building in any

direction.

(h) The main axis of the roof sign shall be horizontal.

(i) Roof signs may no obstruct the view or affect the amenity of any other

building.

27. Veranda, balcony, canopy and under-awning advertising sign

(1) Veranda, balcony, canopy and under-awning advertising signs will be

permitted in all areas of control.

(2) The height of signs allowed in this class are as follows:

(a) Clear Height: 2,4m

(b) Projection: 100mm

(3) The position and spacing requirements for this class of signs are as follows:

(a) One per business façade.

(b) Shall be suspended above sidewalks

wall, balustrade, railing, beam or fascia.

(d) These signs shall be illuminated but not animated.

(e) This class consists of balcony, veranda, canopy and under awning

signs which are:

(i) Affixed flat onto or painted on a parapet wall, balustrade or railing

of a veranda or balcony;

(ii) Affixed flat onto or painted on a fascia of a veranda or beam over

veranda columns;

(iii) Affixed flat onto or painted on the fascia of a roof structure without

walls such as a roof covering petrol pumps at a service facility

(filling) station;

(iv) Suspended below the roof of a veranda or balcony (under awning

signs);

(v) Placed on top of a roof or veranda;

(vi) Affixed to or painted on a pillar, column or post supporting a

veranda, balcony or a roof structure without walls; and

(vii) Painted or printed on the fabric of a blind.

28. Vehicular advertising

(1) Vehicular advertising will be permitted in all areas of control.

(2) These advertising signs shall not extent beyond the edges of the vehicle.

(3) The vehicle shall not be parked in the road reserve with the sole purpose of

advertising.

(4) These advertisements shall not be illumination or animated.

(5) This class consists of advertisements on self-driven vehicles which are

normally moving on land or water, including taxis, buses, trains and delivery

vehicles.

29. Trailer advertising sign

(1) A trailer advertising sign will be permitted in areas of partial and minimum

control.

(2) The size and height of advertising signs allowed in this class, are as follows:

(a) Size: Maximum area: Single-sided:18m² Double-sided: 36m²

(b) Height: Maximum 3,5m

(3) The position and spacing requirements and some general conditions for this

class of advertising signs are as follows to be determined by the City.

(4) Shall be positioned in all urban road reserves under the jurisdiction of the

City, excluding all freeways, Provincial and National roads.

(5) Shall not be placed on a road median, road island or traffic island.

(6) Shall not in any way interfere with the sight distances of motorists.

(7) Shall not obstruct pedestrian movement.

(8) At least 50m from the centre of the intersection.

(9) Shall not be less than 250m apart.

(10) These advertising signs shall not be illuminated or animated.

(11) This class consists of an advertisement mounted on a trailer, bicycle or

vehicle with the sole purpose of advertising shall only be displayed if it is

mobile or displayed at a specific designated location as determined by the

City.

(12) Upon approval of an application for a trailer advertising sign, a disc will be

issued by the City which must be displayed at all times on the trailer

advertising sign itself.

(13) No trailer advertising shall be placed in a street unless the prescribed license

tariff is paid to the City.

(14) The display period shall not exceed 6 months.

30. Advertisements on construction sites

(1) Construction site advertising signs are permitted in areas of partial and

minimum control.

(2) The OASC must, for the purposes of considering an application for an

advertisement to be displayed on the boundary or fence of or scaffolding on

a construction site for a period as set out in the building schedule, have regard

to the following considerations:

(a) the overall height of the advertisement to be displayed on the boundary

or fence or scaffolding on a construction site shall be 3m, which may

be increased on good cause shown and the size of the advertisement

shall be at the discretion of the Council.

(b) may only be permitted on and be attached to scaffolding which is

against a building under construction or on and attached to a hoarding,

fence or wall on the boundary of a construction site as envisaged in

regulation F1 of the National Building Regulations and Building

Standards Act which has been erected to enclose that site during

construction and which may not be a free standing advertising sign;

of the use to which the property concerned is put and if such sign will

make a positive contribution to the visual environment; and

(d) may not be placed on the top of a boundary fence or wall unless it is

positioned so that there is no gap between the advertisement and the

wall or fence.

(e) These advertising signs shall be externally illuminated from the top, but

shall not be animated. Illumination will not be permitted where it will

impact on areas of maximum control.

(f) The class consists of advertising signs fixed flat against any fence or

wall where such fence or wall forms the boundary of a site where

construction work is being carried out, or affixed to walls of unoccupied

buildings undergoing construction, renovation or maintenance, or

affixed to a multi- storey parking garage, or against the scaffolding

erected for that purpose to conceal unsightly construction.

(g) An advertising impact assessment (AIA) shall be required.

(h) A construction site building wrap or advertising signs attached or affixed

to boundary fences of construction sites, are to be uniform in size and

aesthetically pleasing.

(i) Proof to the satisfaction of the OASC must be submitted to confirm that

the building or site is under lawful construction.

(j) It will only be permitted for a period of twelve months, or for the duration

of the construction, renovation or maintenance work whichever is the

shorter. Thereafter, the approval can be renewed subject to a new

application submitted and in terms of conditions as the AEC deems fit.

31. Estate agent signs

(1) Estate agent signs will be permitted in all areas of control.

(2) The size and height of advertising signs allowed in this class, are as follows:

(a) Maximum size: Non-residential vacant erf /Commercial or Industrial

Property: 12m² Commercial or industrial property along streets with a

speed limit ≤80km/h: 18m²

(b) Maximum Height: Non-residential vacant erf / Commercial or Industrial

Property: 5,5m Size: All other signs: 0.6m x 0.45m

(3) The position and spacing requirements for this class of advertising signs are

as follows:

(a) Placed close to a boundary fence or within boundary of erf for

residential properties.

(b) Placed within the boundary of the erf for Non-residential vacant erf /

Commercial or Industrial Property

(d) Maximum three advertising signs per erf per street front for residential

properties

(e) Maximum five advertising signs per erf per street front for non-

residential vacant erf/land, commercial and industrial property.

(f) Non-residential vacant erf/land, commercial and industrial

property will not be permitted in the road reserve.

(4) These advertising signs shall not be illuminated or animated.

(5) This class consists of advertising signs which are temporarily displayed, by

the owner or its agent, to advertise the fact that land, premises, development

or any other form of real estate is for sale, to let, sold or on show.

(6) All advertisements in this class shall contain only the words ‘For Sale’, ‘To

Let’, ‘Sold’ or ‘On Show’ and the name, logo, address and telephone number

of the selling agent or letting agent.

(7) The erection of ‘On Show’ estate agents’ signs on streets reserves shall be

permitted on Saturdays, Sundays, and public holidays from 05:00 on

condition that they be removed before 20:00 on that day.

(8) An advertising sign shall consist of a single sign or two duplicate signs joined

at an angle of 120°.

(9) The advertising signs must be placed at or affixed to the building concerned,

or attached to the boundary fence of the premises concerned, or displayed

within the boundaries of such premises, or in the event of an advertising sign

for residential purposes, the advertising sign shall be displayed on the

sidewalks to a maximum of 1 metre away from the boundaries of such

premises.

(10) “On Show” estate agent signs shall be allowed to be displayed within the road

reserve in the event of the advertising sign being a residential advertising

sign. Advertising signs shall not be displayed on road islands or medians. ‘On

Show’ signs shall be displayed from the nearest Class 3 road with no less

than 60m intervals between the signs, and no more than 10 signs being

displayed at any one time. This includes “On Show” signs for new

developments.

(11) All ‘For Sale’ and ‘To Let’ signs must be removed no later than 3 days after

completion of the sale or granting of the tenancy.

(12) ‘Sold / Let’ signs shall be displayed for a period not exceeding 30 days after

completion of the sale or letting.

(13) ‘On Show’ signs for new developments shall be erected for a period of six (6)

months where after an extension of an additional six (6) months shall be

obtained at the discretion of the OASC. All such signs must display a sticker

obtainable from the City confirming legality.

(14) No advertisement relating to the sale, show or lease of a fixed property shall

be displayed in any manner or in view of any street, unless the prescribed

annual license tariff is paid, particulars of the concerned estate agency are

recorded on a database, and the necessary prescribed license is issued by

the City.

32. Street name advertising signs

(1) Street name advertising signs will be permitted in area of maximum, partial

and minimum control.

(2) The size and height of advertising signs allowed in this class, are as follows:

Street name sign (GL1 signs):

Rectangular in shape according to SADC RTSM (Southern African

Development Control, Roads Traffic Signs Manual) requirements.

Minimum Length: 500mm.

Maximum Length: Determined by the street name length and type of

sign.

Width (height): 300mm.

Advertisement panel:

Rectangular in shape, either in a landscape or portrait format. Minimum

Area:

1,00 m

Maximum Area: 1,68 m

Horizontal measurement: Between 0,8m and 1,6m. Vertical

measurement: Between 1,0m and 1,6m.

Clear Height: Minimum of 2,1m to the street names.

Only one

advertisement per side will be permitted.

(3) The position and spacing requirements for this class of road sign combined

with an advertisement panel are as follows (should also adhere to SADC

RTSM, GL1 sign requirements):

(4) Street name section below advertising panel, but not closer than 200mm.

(a) Shall not extend over the road surface.

(b) It shall not be located directly in front of, or behind a road traffic signal.

of two streets, for both directions of traffic, specifically for the main

roads. It will therefore be positioned diagonally.

(d) Maximum two illuminated advertising signs diagonally opposite one

another per intersection. At junctions of lower order roads, one street

name sign (combined with an advertisement panel) will normally be

adequate.

(e) Inside urban road reserve (the City roads only), but not on freeways,

any Provincial or National road, road medians or road islands, and it

should take into consideration the traffic movements, other road traffic

signs and street furniture.

(f) Shall not be erected closer than a minimum of 0,5m from the edge of

the advertising sign to the vertically projected edge of the shoulder of

the road; and 0,3m from a cycle path, footpath or sidewalk.

(g) Shall not interfere with the sight distances of motorists or obstruct

pedestrian movement.

(4) These advertising signs shall be illuminated as follows:

(a) Internal illumination of the advertising sign shall not exceed the

luminance intensity of the street name section.

(b) Illumination only permitted if it does not lead to unsafe driving

conditions, or does not have detrimental effect on the surrounding area

and where it is specifically not prohibited.

(5) This class consists of pole-mounted street name signs (road traffic signs –

GL1 sign as defined in the SADC RTSM), carrying double-sided

advertisements, which shall be internally illuminated, displayed in

combination with street name signs in the urban environment.

(6) These advertising signs will constitute an important service to both the

motorist and the pedestrian in locating such facilities and functions.

(7) The street name must be in black letters on a white background.

(8) Any street name on the advertisement panel must be smaller and less

conspicuous than the street name on the actual street name panel.

(9) The layout of the advertisement must be of such a nature that it shall not be

misunderstood to represent a road traffic sign, due to any factors such as:

(a) a combination of colours and type of arrows as used for road traffic

signs,

(b) symbols used on road traffic signs, or

(10) The layout of the advertisement shall also not encourage U-turns.

(11) Only one advertisement per side of the advertising sign, will be permitted.

Each advertisement, per side, shall not be split to accommodate two (2) or

more advertisements.

33. Forecourt signs

(1) A forecourt sign may be displayed in all areas of control or in a center of

economic activity.

(2) The total sign area of all free-standing forecourt signs shall not exceed 5,0

m² on each forecourt frontage, except in the case of filling stations and

roadside service areas, where it shall not exceed 8,0 m².

(3) In the case of filling stations and roadside service areas, additional non-free

standing signs with a maximum area of 1,5 m² per sign may be allowed if

attached to fuel pumps, vending machines and other non-advertising

structures.

(4) A forecourt sign may be free-standing, except for a sign attached to a fuel

pump, vending machine or other non-advertising structure in a filling station

or roadside service area.

(5) A forecourt sign shall not be displayed in a road reserve and may not interfere

with pedestrian circulation.

(6) A forecourt sign shall not be movable.

34. Stack signs

(1) A stack sign shall only be permitted in areas of minimum control zoned for

industrial and/or commercial use in terms of the relevant Town Planning

Scheme.

(2) The maximum height of a stack sign shall not exceed 7,5m except by means

of an application for a relaxation of height restriction in terms of the relevant

Town Planning Scheme or policies, as the case may be, as amended from

time to time.

(3) The minimum clear height of a stack sign shall be 2,1m.

(4) The width of a stack sign shall not be less than 2,1m and not more than 3,0m.

(5) The vertical dimension of individual panels shall not be less than 1m and no

more than five panels shall be permitted per side of sign.

(6) Advertising panels may not be reflective.

(7) No more than two stack signs shall be permitted in close proximity to any

intersection.

(8) A stack sign may be double-sided.

(9) A stack sign may not be illuminated or animated.

35. Tourism signs

(1) Tourism signs are permitted in all areas of control.

(2) Tourism signs may be displayed within road reserves.

36. Development signs

(1) A development sign requires the specific consent of the City.

(2) A development sign shall display only:

(a) a visual representation or description of the building or structure being

erected or other work or activity being carried out;

(b) a visual representation or description of the development being carried

out;

floor space available and the name, address and telephone number of

the developer or the agent of the developer.

(3) A development sign shall not exceed a sign area of 36m².

(4) Only one development sign per road frontage shall be allowed per site.

(5) The clear height of a development sign shall not be less than 2,4m.

(6) A development sign may be illuminated but not animated.

(7) A development sign can only be displayed on the particular development site

while the relevant works are taking place on the site.

37. Service facility signs

(1) A service facility sign shall refer only to the types of services provided at such

a facility.

(2) A service facility sign shall be locality-bound and shall be erected or displayed

only in service facilities adjacent to and directly accessible from a road at

which the sign is directed. Only one such sign per direction of traffic flow will

be allowed, and only one service facility sign shall be allowed on the premises

of a filling station or roadside service area.

(3) Service facility signs may be permitted in all areas of control.

(4) A service facility sign shall be a maximum of 7,5 m in height. A height

increase to 10 m can be considered subject to the approval of an application

for a height restriction relaxation in terms of the relevant Town-planning

Scheme as amended from time to time.

(5) A service facility sign shall not be animated.

(6) A service facility sign in an area of maximum control may be illuminated

during the facility’s business hours.

(7) A service facility sign may not exceed 2 m in width; and may not exceed 3 m

in width if a height relaxation has been approved by the City.

(8) Advertisements on a service facility sign shall refer only to the name and logo

of the business providing the service and the type of service provided.

(9) A maximum of 8 advertising panels shall be permitted per service facility sign

and only one business or service shall be permitted per advertising panel.

38. Tower and Bridge Signs

(1) A tower or bridge sign shall not be erected or displayed in a natural area or

an area of maximum control, or on a freeway in any area.

(2) A maximum of only 2 signs per tower or bridge shall be permitted.

(3) A tower or bridge sign shall not exceed a sign area of 18 m² per face per

structure.

(4) The maximum height of a tower sign shall not exceed 7,5 m.

(5) The clear height of a tower sign shall be not less than 2,4 m.

(6) The clear height of a bridge sign shall be not less than 5,2 m.

(7) A sign shall not project more than 300 mm from the main supporting structure.

(8) The sign shall form an integral part of the design of the structure.

(9) A tower to which a sign is to be attached shall be independently supported

without the aid of brackets or other restraining devices, and shall be properly

secured to an adequate foundation in the ground.

39. Projecting signs

(1) Any projecting sign must be set at right angles to the building line and must

maintain a clear height of not less than 2,75m.

(2) Subject to the provisions of subsection (3), no sign contemplated in

subsection (1) may either exceed 600mm in height, 300mm in thickness nor

project more than 900mm from the building to which it is attached.

(3) A projecting sign larger than that specified in subsection (2) may be erected,

subject to compliance with the following requirements:

(a) such sign must be constructed of metal framing and covered with metal

sheeting;

(b) such sign may not exceed 9m in height or project more than 1.5m from

the building concerned, or in the case of a sign consisting only of the

name of a building used for the public, 14m in height or project more

than 1.8m from the building concerned;

to the building concerned, any two of which must be capable of carrying

the entire mass of the sign; and

(d) such sign must be adequately protected from wind pressure by the use

of effective braces and stays.

40. Pylon signs for on-premises advertising

(1) Any pylon must be independently supported and for that purpose it must be

firmly secured to an adequate foundation in the ground and be entirely self-

supporting without the aid of guys, stays, brackets or any other restraining

device.

(2) The dimensions of a pylon and its associated advertising sign must be such

that the entire assembly, whether stationary or actuated, can be contained

within a notional vertical cylindrical figure having a diameter of 9m and a

height of 12m.

(3) No activated or protruding part of a pylon sign or of an advertising sign

associated with it may be less than 2.4m above the highest point of the

existing ground level immediately below that pylon.

(4) No free standing advertising sign as contemplated in subsection (1) shall

have a single advertising display exceeding 18m² and 24m² for a combination

of such signs.

41. Advertising signs placed flat on buildings or painted on a wall of a building

and bridges

(1) No on-premises advertising sign contemplated in this section, may exceed

40m² in extent in an area of partial control, and 80m² in an area of minimum

control.

(2) No third party advertising sign contemplated in this section may exceed 80m²

in an area of partial control, and 200m² in an area of minimum control.

(3) Notwithstanding the provisions of subsection (1) and (2), it may in an approval

in terms of section 4 be permitted or required that the dimensions of any such

sign be greater than those specified in those subsections, if-

(a) it is in the interests of the aesthetic appearance of a building or wall on

which an advertising sign is placed and of the neighbourhood where

such building or wall is situated, if the building or wall is situated in

appropriate areas of either partial or minimum control;

(b) it is in the Inner City as indicated in the City’s Spatial Development

Framework and the approval of such sign in terms of section 4 is subject

to an annual prescribed financial contribution to be utilised for any Inner

City Renewal project.

(4) Any advertising sign displayed against any bridge may not exceed 30m² in

extent in an area of partial control and 45m² in extent in an area of minimum

control.

42. Signs relating to the development of townships and properties

(1) An advertising sign exempted in terms of section 15(2) and relating to the

development of a township or property and the disposal of property in a

township may be displayed, provided the following requirements are

complied with:

(a) If such advertising sign relates to the laying out or development of any

land as a township or for the disposal of any erven in a township or a

property development –

(i) it may not be erected prior to the land-use rights being

promulgated in terms of the Townships and Town-planning

Ordinance 1986 (Ordinance 15 of 1986) or any other applicable

law; and

(ii) may not exceed 40m² in an area of partial control and 80m² in an

area of minimum control and an erected height of 12m;

(iii) any such advertising sign must be removed within 90 days of a

development being completed or in respect of a property for sale

or to let, within seven days after the sale or letting concerned.

(b) If an advertising sign contemplated in this section does not comply with

subsection (1), an application for approval of such sign must be made

in terms of section 4.

(i) such advertising sign must be located on the

site of the proposed township or property

development; and

43. Sky signs

(1) Notwithstanding section 19, a sky sign may be erected on a building where

the main use is residential or which is used as a residential building as long

as the sign has no visual impact on the occupants of the building itself or any

other building in the immediate area which is used for residential purposes or

as a residential building.

(2) Two or more sky signs placed one above the other, whether or not in the

same vertical plane, are for the purposes of this section, deemed to be one

such sign.

(3) In an area of minimum or partial control as specified in this By-law, every sky

sign must be set against a screen complying with the requirements of

subsection (7).

(4) No part of a sky sign may protrude beyond, above or below the edge of the

screen required in terms of subsection (2).

(5) No sky sign may exceed 500m² in extent: provided that the City may for a

third party advertising sign allow a greater extent.

(6) If the number of storeys contained in that part of a building which is directly

below a sky sign is –

(a) one to five storeys; or

(b) six or more storeys,

the vertical dimension of such sign may not exceed 3,0m and 5,0m

respectively: provided that the City may in terms of section 4 approve a third

party advertising sign which is a sky sign with a greater dimension.

(7) Every screen for a sky sign contemplated in this section must comply with the

following requirements:

(a) every screen must be located and constructed to form a continuous

enclosure effectively concealing the frame and the structural

components of any sky sign from view, and, if it is required or allowed

in an approval in terms of section 4(2) –

(i) such screen and structural component must be screened from

any adjacent or other property;

(ii) the provisions of paragraph (a) requiring a continuous enclosure

may be relaxed if the walls of any building on a property

contemplated in sub-paragraph (i) are of a height and

construction that such walls will effectively conceal such frame

and structural components and do not contain openings

overlooking them.

(b) unless the City otherwise allows, no part of a screen may protrude

beyond the perimeter of the building on which it is constructed;

immediately below it may not exceed 100mm;

(d) no vertical dimension of any screen may exceed one-and-one-half

times the vertical dimension of a sky sign specified in this section;

(e) provided that if the screen also encloses a lift motor room, tank or other

structure on the roof of the building concerned, the vertical dimension

of the screen may be increased to the same height as such room, tank

or structure; and

(f) if the material of which the screen is made has an open mesh or grid

formation –

(i) the openings in such mesh or grid must be uniform; and

(ii) the aggregate area of the openings may not exceed 25% of the

area of the screen; and

(iii) no dimension of any such opening may exceed 100mm: Provided

that the City may allow the erection of a screen not complying

with this paragraph, if the requirement of concealment in terms of

paragraph (a) is met.

44. Advertising signs depicting name, profession or occupation at residential

buildings, dwelling houses and dwelling units

An advertising sign not exceeding 2m² specifying the name, profession or

occupation of an occupant of the residential building, dwelling house or dwelling

unit may be displayed by attaching the signs to a boundary wall or fence at or

against the entrance door of such a residential building, dwelling house or dwelling

unit.

45. Sun-blind advertisements

(1) An advertisement on any sun-blind exempted in terms of section 18, may be

displayed without the approval of the City as envisaged in section 18, subject

to compliance with the following requirements:

(a) a sun-blind must be so erected, positioned and attached to a building

that it is incapable of being lowered to a height lower than 2m above

the footway or pavement of a public street;

(b) except at an intersection, a sun-blind must be placed parallel to the

building line of the property concerned; and

any interference with or endanger vehicular or pedestrian traffic, or a

traffic sign, street nameplate or other notice for the guidance or

information of the public.

46. Advertisements on banners, flags and similar objects

(1) An advertisement on any banner, streamer, flag, paper, paper machete,

plastic sheet or other similar pliable material or on calico or other woven

material may only be displayed for the following purposes:

(a) advertising a function or event conducted for religious, educational,

social, welfare, animal welfare, sporting, civic or cultural purposes, or a

function or event relating to an election and no third-party advertising

shall be allowed.

(b) An advertisement envisaged in subsection (1) above must comply with

the following requirements:

(i) banners (limited to 6m²) and/or flags as envisaged in subsection

(1)(a) shall be limited to 4 each for the same function or event and

must, subject to section 58, be attached to a pole or suspended

between poles or other supports but may not be suspended

across a public road;

(ii) banners and/or flags as envisaged in subsection (1)(a) above

shall only be displayed within the relevant property boundaries;

and

(iii) banners and flags as envisaged in subsection (1)(a) may not be

displayed for more than ten (10) days prior to the date of the

function or event advertised and must be removed within four (4)

days after the conclusion thereof.

47. Advertisements on blimps

(1) The City must, for the purposes of considering an application for approval in

terms of section 4 of an advertisement to be displayed on a blimp, have

regard to –

(a) the size of the blimp;

(b) the strength of the anchorage and the anchoring cable;

so deflate as to sink slowly to the ground in the event of the failure or

severance of the blimp from its anchorage or anchoring cable;

(d) the possibility of interference with pedestrian or vehicular traffic;

(e) any requirement or condition prescribed by the Department of Civil

Aviation, including the maximum height to which the blimp must be

restricted; and

(f) the location of the blimp.

48. Signs incorporated into the fabric of a building

(1) Signs incorporated into the fabric of a building is permitted in all areas of

control.

(2) The building or structure or any external face of such building or structure

shall not be used principally for the display of signage.

(3) Signs incorporated into the fabric of a building shall, in the opinion of the

OASC be visually and architecturally integrated in the building or structure.

49. Street furniture

(1) Street furniture signs shall not be placed so as to obstruct pedestrian

movement.

(2) Street furniture signs may be illuminated but not animated.

(3) A single face of a street furniture sign shall not exceed 2,2 m² in sign area.

(4) Street furniture signs may be used for commercial advertising

50. Signs for sale of goods or livestock

(1) The size of such a sign shall not exceed 2m² in a natural area or an area of

maximum or partial control, and 2,8m² in an area of minimum control.

(2) The advertising structure shall not exceed 3m in height.

(3) The sign shall be displayed only on the premises where the advertised sale

is to take place, or be attached to the boundary fence or wall of such a

premises.

(4) No illumination or animation of the sign shall be allowed.

(5) The sign shall be erected no earlier than 14 days before the sale in question

and must be removed not later than one day after such sale.

(6) Signs of a permanent nature are not allowed.

(7) The sign shall not be displayed on the road reserve.

(8) The date of the sale shall be displayed on the sign in letters of not less than

50 mm in height.

51. Signs on municipal property

(1) No person may in any manner whatsoever destroy, harm, damage or

disfigure or deface the front or frontage of any municipal property, land, rock,

tree or other natural feature or the front or frontage or roof of any building or

structure during construction of or by the display or use of a sign or during

the writing or painting of any sign.

(2) If a sign or its display is erected on municipal property, which property is

required for municipal purposes after approval was given the City may at any

time, and if necessary to do so to remedy a substantial injury to the amenity

of the locality, decide to take any one or more of the following actions:

(a) to withdraw its consent for the display of a sign;

(b) to amend any condition relating to the display of a sign;

(d) to order that the display of the sign be discontinued.

52. Signs for a road traffic project

(1) Sponsored road traffic projects will be permitted in all areas of control.

(2) The size and height of advertising signs allowed in this class, are as follows:

(a) Size: Maximum area 4,5m2

(b) Height: Maximum 3m

(3) The position and spacing requirements for this class of advertising signs are

as follows:

(a) Inside all metropolitan road reserves but not on road island or median.

(b) Spacing if on same side of road: 1km.

(d) No road traffic sign or symbol used in any road traffic sign shall be used.

(4) These signs shall not be illuminated or animated.

(5) This class consists of advertising signs relating to the sponsoring of projects

specifically intended for road users aimed at the provision of road services,

the promotion of road safety or the management and conservation of road

side environments.

53. Loose portable signs

(1) Portable advertising signs will be permitted in all areas of control.

(2) The position and spacing requirements and some general conditions for this

class of advertising signs are as follows:

(a) In forecourts of businesses or on sidewalk in front of business

premises.

(b) Free-standing and moveable.

circulation.

(3) These advertising signs shall not be illuminated or animated.

(4) 50 This class consists of moveable free-standing temporary advertising signs

displayed in forecourts of business and on sidewalks in front of business

premises to draw attention to any commercial services, goods for sale, or

other services available at the premises.

(5) A maximum of one sign is permitted per business only during business hours,

and must be removed from the forecourt or sidewalk on close of business at

the end of normal trading hours.

(6) Hand-written messages are permitted on signs provided for this purpose.

(7) No portable advertising sign shall be displayed in any manner or in view of

any street, unless the prescribed annual license tariff is paid, particulars of

the concerned business is recorded on a database, and the necessary

prescribed license is issued by the City.

(8) Upon approval of an application for a portable advertising sign, a disc will be

issued by the City indicating the period for which approval is granted. The

disc must be displayed at all time on the portable advertising sign.

(9) This class is subject to the approval of the City.

54. Functional signs by public bodies

(1) A functional sign by a public body may not exceed 6 m² in area, except with

the specific consent of the City if justified by circumstances.

(2) The letter size of all information on the sign may not be less than 20 mm in

height.

(3) Illumination may be provided if there is a need for information or directions to

be read after dark.

(4) A functional sign by a public body may not be used for the purpose of

commercial and/or competitive advertising.

(5) A functional sign by a public body is permitted in all areas of control.

(6) A functional sign by a public body may not be of a temporary nature and

specifically excludes banners and posters.

55. Signs by NPO

(1) In the application to be submitted 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 delivered to the City.

(2) The extent of involvement of previous disadvantaged communities, small

businesses, job creation and empowerment will be considered in any

proposal.

(3) Any proposal will be evaluated based on the requirements of the By-Law and

the public or community goal benefit which is being met, the design

contribution, the creativity and public safety and the adherence to the

principals and/or stipulations in the By-Law as opposed to the largest

advertising opportunity and/or financial gain. In addition, the permanence of

the contribution to the goal of the non-profit body will be taken into account.

(4) Signs with a political content will not be permitted

(5) The maximum size of any such sign is 6 m x 3 m provided in the event of a

V-shaped sign being proposed, its maximum size will not exceed two panels

of 6 m x 3 m each.

(6) Applications for billboards to be erected in terms of this section must comply

with the requirements.

(7) No sign erected in terms of this clause shall be located within 5 m of a

property’s boundary lines.

(8) The name of the non-profit body must be displayed prominently along the top

width of the sign with a maximum 300 mm lettering height

(9) A public participation process has been held with all parties to be affected by

the erection and/or display of such sign.

(10) The City may require submission of an environmental impact assessment

and/or traffic impact assessment and/or heritage impact assessment in

accordance with its guidelines thereon.

(11) No more than two individual signs of 6 m x 3 m each shall be permitted, or

alternatively one V-shaped sign with a maximum size of two panels of 6 m x

3 m each on any one property. In addition, only one sign per street frontage

will be permitted.

56. Handbills, Leaflets, Pamphlets and Community Newspapers

(1) Handbills, leaflets, pamphlets, community newspapers and similar

promotional material shall only be distributed from door to door, post boxes

or from within shops and privately controlled areas. Distribution of these

materials is not allowed within any road reserve.

(2) Election material and pamphlets regarding important local, national and

international events are excluded from the provisions of this section as these

materials can be distributed in public places.

(3) This advertising sign may be distributed in all areas of control in urban, rural

and natural environments.

(4) Handbills, leaflets and pamphlets shall not be larger than A4 size.

(5) The handing-out of handbills, leaflets and pamphlets at road intersections

and in any pedestrian environment is prohibited as it causes litter and creates

a traffic hazard at intersections.

57. Murals

(1) Signs painted on walls shall only be permitted in areas of minimum control.

(2) Signs painted on roofs shall be limited to text and no pictures or logos shall

be allowed on the roof of any building.

(3) Signs painted on the facade of a building shall not cover more than 20% of

the ground floor facade of the enterprise to which such sign pertains.

(4) No more than one sign per enterprise shall be allowed and no more than one

locality bound sign per wall shall be allowed.

(5) Signs painted on the facade of a building shall be allowed only at a position

below the lower edge of any visible second-floor window.

(6) Signs painted on Walls and Roofs of historical buildings used or partly used

for commercial, office, industrial or entertainment purposes or for larger

accommodation facilities shall conform to the architectural style of the

relevant buildings and to sign style and practices of that specific historical

period.

(7) The height of letters painted on roofs in rural areas of maximum control and

urban areas of partial control shall not exceed 1,5 m.

(8) In areas of maximum control (urban, rural and natural area), a maximum of 2

signs are allowed

(9) In areas of partial control (urban area), a maximum of 3 signs are allowed

(10) In areas of minimum control (urban area), a maximum of 3 signs are allowed

58. Street pole advertising

(1) The information displayed should be limited to product and enterprise logos

with no or limited text. This condition should be applied very strictly and

advertising contractors should accept co-responsibility to ensure that this

condition is applied.

(2) Advertisements covering events should not be included in this category due

to the length of messages needed for this purpose.

(3) This sign shall not be erected along urban roads with a speed limit above 60

km per hour.

(4) Street pole advertisements shall not be used as directional signs.

(5) Should the use of text be utilised, it should be in bold type and not smaller

than 70 mm in height.

59. Security signs

(1) This type of advertising sign may be erected in all areas of control in urban,

rural and natural environments.

(2) Security signs may contain the following information:

(3) The name of the security scheme

(4) The nature of the security services provided

(5) The name, logo and contact number of the security company.

(6) General words of caution

(7) The position and spacing requirements for this class of signs are as follows:

(a) Security services signs:

(i) One advertising sign per street frontage firmly affixed to the

building, boundary wall, fence or gates or on the stand. Minimum

spacing of one per 30m length of street boundary.

(ii) The sign may not exceed 0.35m2 in size and 2m2 in height.

(b) Farm watch advertising signs:

(i) This sign may be erected at the junction or intersection of a public

road and private access road or at the entrance to an individual

farm. Only one advertising sign per farm shall be permitted.

(ii) The sign may not exceed 1.5m2 in size and 2.5m2 in height.

(i) Within a municipal road reserve, at the points where the watch

areas are entered. Not on a road island or median.

(ii) The sign may not exceed 0.35m2 in size and 2m2 in height.

(8) The advertising sign shall only refer to the existence and operation of a

neighbourhood watch, commercial security service, burglar alarm system,

farm watch and similar watch schemes.

(9) No Security Sign shall be bolted onto any wall of a historical building or

attached to such walls in any manner that will cause damage thereto.

(10) Illumination or animation shall not be allowed. Retroreflective material may

be used for farm watch schemes.

(11) No Security Sign shall be allowed within a road reserve with the following

exceptions:

(a) where entrances to security schemes are controlled or defined by

structures such as gates, guardhouses or booms within a road reserve;

(b) where a security scheme is entered in the absence of any entrance or

control structure such a scheme may be indicated by means of a free-

standing sign positioned within the road reserve

60. Fence advertisements

(1) A sign may be displayed in an urban area of partial control and an urban area

of minimum control only, subject to:

(a) The sign must conceal a temporary unsightly condition arising out of

the use to which the property is lawfully being put; and

(b) the sign must be making a positive contribution to the visual

environment and streetscape.

(2) For a sign exceeding 18 square meters, an environmental impact

assessment (basic impact assessment report) must be conducted, which

includes visual, social and traffic safety aspects, and be submitted by the

applicant to the City for approval prior to display of such a sign.

(3) The following conditions apply to the position of a sign:

(a) a sign may not be placed on the top of a fence or wall unless it is

positioned to rest directly thereon; and

(b) a sign may not project more than 100 millimeters to the front of the wall

or fence to which it is affixed.

(4) Illumination or animation of a sign is not permitted.

(5) A sign may not be painted or pasted directly onto a construction site boundary

wall or fence and poster signs must be enclosed within definite panels.

(6) Signs displayed on a fence or wall must be treated as a visual unity.

(7) A sign must always make a positive contribution to a particular streetscape.

(8) A sign on a construction site boundary wall or fence may only be displayed

for the duration of the construction, renovation or maintenance work.

(9) Project boards must also be incorporated into the signs displayed in terms of

this advertising class, where possible.

61. Newspaper headlines signs

(1) The frame containing the poster must not exceed 600mm in height x 450mm

in width in respect of any poster displaying a newspaper headline and shall

only be displayed in portrait form.

(2) This advertising sign may be displayed for the newspaper headline posters

of the day of a daily, weekly or week-end newspaper.

62. On-premises business signs

(1) An on-premises business sign must be locality bound and shall only provide

information on the name and nature of the enterprise, the brand-name and

nature of goods sold or produced and the nature of services provided and the

name of the proprietor(s) or practitioner(s).

(2) An on-premises business sign may be a combination sign for a variety of

businesses in the same locality and may also be free-standing.

(3) An on-premises business sign shall only be displayed if:

(a) signs affixed to the building may not be noticed by passing pedestrian

or motorists due to the position of the building;

(b) it is not structurally possible or visually feasible to affix appropriate signs

to a building;

private access road to a business;

(d) An on-premises business sign requires the specific consent of the City

and/or the relevant road authority.

(e) In the case of a combination sign, -

(f) the design must harmonise with the architecture of the particular

building or other adjacent building or structures;

(g) message on individual panels of the sign must be concise and legible;

(h) the content of individual panels of such a sign must be harmonious in

terms of form letter types and colour.

(4) Combination signs must be harmonious in terms of form, letter types and

colour.

(5) Combination signs shall be designed and located so as not to create a traffic

safety hazard.

(6) Only one on-premises business sign shall be allowed per enterprise, unless

there is more than one entrance on different road frontages, in which case

two will be allowed, one per frontage.

(7) In an area of maximum control, the sign shall be a maximum of 6m2 in area

and 7,5m in height.

(8) In an area of partial or minimum control, the sign shall be a maximum of 12m2

in area and 7,5m in height.

(9) A height increase to 10m can be considered subject to a height restriction

relaxation in terms of the relevant Town Planning Scheme as amended from

time to time.

(10) The name or logo of the sponsor of the on-premises business sign may be

displayed if it refers to product or services available at that specific enterprise,

but shall not occupy more than one third of the total area of the sign.

(11) An on-premises business sign may be placed closer to the road reserve

boundary that the ruling building line, subject to a building line relaxation

being obtained in terms of the relevant Town Planning Scheme as amended

from time to time.

(12) An on-premises business sign may be illuminated.

(13) An on-premises business sign shall not be animated in areas of maximum

control.

(14) An on-premises business sign shall not obstruct the view from any adjacent

building.

63. Residential or Community advertising signs

(1) A residential or community advertising sign may be affixed flat or painted on

a gate or wall, or on a pole mounted advertising sign or an advertisement with

supporting structures forming a visual structure around the sign panel.

(2) In the case or the name of a proprietor or practitioner, one advertising sign

per premises is allowed, that may not exceed the following sizes: provided

that where there is more than one entrance to the same premises on different

road frontages, two advertising signs may be displayed, each on a different

frontage:

(a) Guest house 1,5m x 1,5m

(b) Home business 420mm x 300mm

(d) Pre-school 1,5m x 1,5m

(3) In the case of a residential or community advertising sign, a name or logo of

a sponsor of the advertising sign may not be displayed except on the name

of a farm or smallholding. The sponsor advertisement may not exceed one

third of the total advertisement area.

(4) A residential or community advertising sign may be displayed only on the

premises to which it refers, or on the boundary wall, fence or gate of such

premises;

(5) A farm or smallholding name sign must be displayed next to the entrance of

the access road thereto or affixed to the gate at the entrance of such access

road. Where more than two farms or smallholdings share an unnumbered or

private access road, a direction traffic sign must be used to indicate the

access road;

(6) A free standing residential or community advertising sign is allowed only

where it is not aesthetically or practically acceptable to attached a sign to a

building or boundary wall, fence or gate, and may not be erected in a road

reserve;

(7) A residential or community advertising sign may not be animated, and may

be illuminated only in an urban area. It must harmonise with the buildings and

other structures on the premises as to materials, colour, texture, form, style

and character

64. Advertising signs at educational facilities, sport stadiums and fields

(1) Advertising signs will be permitted in all areas of control.

(2) No person may erect a free-standing advertising sign without first obtaining

the written approval of the municipality.

(3) The size and height of the sponsored advertising signs indicating the name,

are as follows:

(a) Size: Maximum of 12m2

(b) Height: Maximum of 5,5m.

(d) Sponsor name or logo: Maximum of ¾ of total advertisement area.

(4) Only one sponsored advertising signs indicating the name shall be permitted

per street frontage.

(5) A maximum advertisement area per 100m of street front of 40m2 shall be

permitted for the display or combination of advertising signs on boundary

walls and fences, permanent flags and freestanding advertising signs smaller

than 4,5m2.

(6) Any other form of advertising sign or advertisement shall be displayed,

subject to the criteria for that specific type of advertising sign or

advertisement, with specific attention to cluttering.

(7) Illumination is permitted in areas of minimum and partial control, while only

limited external illumination shall be permitted in areas of maximum control,

but not animated.

(8) This class consists of the display of advertising signs on boundary walls and

fences, permanent flags, equal sized free-standing advertising signs smaller

than 4,5m2 and shall include a sponsored advertising sign indicating the

name, along the street frontage of educational facilities and sport stadiums

and fields.

65. Window signs

Window signs are permitted in all urban areas of control and at centres of economic

activity in natural and rural areas of maximum control.

CHAPTER 5

POSTERS

66. Areas of control for Posters

Posters will be permitted in areas of maximum, partial and minimum control.

67. Specifications for Posters

Posters must comply with the requirements set out in table 3 below: