The appellant appealed the City of Sarnia Committee of Adjustment's refusal of a minor variance application to permit an electronic, animated freestanding sign on a commercial property.
The proposed sign required relief from the municipal sign by-law prohibiting electronic signs within 100 metres of a residential area and prohibiting animated signs.
The Ontario Land Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, noting that the proposed conditions, including turning off the electronic message board overnight and using automatic dimming technology, would adequately mitigate potential light pollution impacts on nearby residential properties.
The appeal was allowed in part and the variances were authorized subject to conditions.