HomeMy WebLinkAboutPD-88-99 DN: PD-88-99 REPORT #7
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File# " 9 �
Date: Monday, July 19, 1999 Res. #
Report#: PD-88-99 File#: SBA 99-002 By-law#
Subject: SIGN BY-LAW AMENDMENT
ADULT ENTERTAINMENT SIGNS
FILE NO.: SBA 99-002
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD-88-99 be received;
2. THAT the amendment to Sign By-law No. 97-157 as contained in Attachment No. 1 to
this report,be APPROVED; and
3. THAT all interested parties listed in this.report and any delegations be advised of
Council's decision.
1. BACKGROUND
1.1 The Planning Department and the By-law Enforcement Division, in cooperation with the
Durham Region Police Services have reviewed municipal regulations governing the
operation and promotion of adult entertainment parlours in the Municipality of
Clarington. A component of this exercise involved the examination of current sign
regulations pertaining to the adult entertainment industry.
1.2 The current sign by-law permits signage based upon usage. Usage in the sign by-law is
identified very generally, such as commercial uses, industrial uses, agricultural uses, etc.
Currently, if a request for a sign permit was made for an adult entertainment parlour,
Staff'would issue a permit in accordance with the commercial requirements for signs. In
order to better manage the design, scale and content of signs advertising adult
entertainment parlours, Staff are proposing to amend the Municipal Sign By-law to
include adult entertainment parlours as a specific use having its own sign requirements.
s
REPORT PD-88-99 PAGE 2
1.3 The amendment also includes some minor changes with respect to other items not related
F to adult entertainment signs. These changes are identified in Section 3.2 of this,report.
2. LEGISLATION
2.1 Section 225 (2) of the Municipal Act R.S.O. 1990 c.M.45 deals specifically with
advertising and signage of adult entertainment parlours. This section provides for the
passing of by-laws to regulate the placement, construction, size,nature and character of
signs, including the regulation of any printed matter posted or used for the purpose of
promoting adult entertainment parlours. The Act also allows Municipalities to
completely prohibit signage advertising or promoting adult entertainment parlours.
2.2 In accordance with Section 210 (145(d)) of the Municipal Act, Staff placed notice in
local newspapers regarding the proposed amendment to the Sign By-law. The notice
appeared in the Canadian Statesman / Clarington Independent on June 2, 1999 and June .
4, 1999. Subsequent notice appeared in the June 30, 1999 issue of the Canadian
Statesman. There has not been any expression of interest either in support of or in
opposition to this proposed amendment.
3. PROPOSED AMENDMENTS TO THE SIGN BY-LAW
3.1 Changes to Regulate Adult Entertainment Parlour Signs
3.1.1 The basis of the amendment to the Sign By-law is the definition of a new category of sign
for adult entertainment uses. The proposed definition specifies that an adult entertainment
sign can only contain wording which identifies the name under which the business is
operated and the words "Adult Entertainment Parlour"or"Adult Entertainment". A copy
of the proposed amendment to the sign by-law accompanies this report as Attachment
No. 1.
3.1.2 The definition for "Vehicle/Trailer" sign has also been amended, A "VehiclelTrailee'
sign is a sign on a vehicle advertising a business. The current definition,allows the
placement of signs on a vehicle which is used in the day to day activities of that business.
The proposed amendment revises this definition to prohibit any sign displayed on a
REPORT PD-88-99 PAGE 3
vehicle for the purposes of advertising an adult entertainment parlour. No exemption is
made for a "Vehicle/Trailer" sign used in the day-today activities of an adult
entertainment parlour.
3.1.3 Section 3.7.2 of the Sign By-law prohibits signs that convey an obscene message. The
Regional Police felt that the word "obscene" needed further elaboration. In accordance
with the desire of the Police, Staff are proposing to amend this section as indicated in
italics below:
"No person shall erect, alter or maintain, or cause or permit to be erected, altered
or maintained, a sign which conveys a message, either through the use of letters,
numbers or symbols which is deemed to be obscene including any of the
following words; "naked", "nude, "topless", "bottomless, "sexy" or any other
word or picture, symbol or representation having like meaning or implication."
3.1.4 Section 4.3 of the Sign By-law provides regulations regarding the size, number and
location of different types of signs. In order to incorporate the proposed regulations for
adult entertainment signs a new section is proposed which would include adult
entertainment as a "Use"in Tables A, B and C. Table A identifies what types of signs
are permitted, Table B identifies the number of signs permitted and Table C regulates the
size of the permitted signs.
3.1.5 The proposed amendment would allow an adult entertainment parlour to have one (1)
identification sign. An identification sign may be a ground, pylon, canopy or wall sign.
Mobile signs, electronic media signs, window signs and promotion signs would not be
permitted. The amendment also regulates sign size. The maximum size of a permitted
sign is 3.75 square metres (40 square feet). The proposed amendment also contains a
provision regarding the maximum height of a wall sign for an adult entertainment
parlour, ensuring that a wall sign can be placed no higher than the first floor of a
building.
3.2 Other Changes
3.2.1 The proposed amendment also clarifies two existing policies within the current sign
REPORT PD-88-99 PAGE 4
�s
by-law. The first area of.clarification is in Table B of Section 4.3. Table B of the by-
law identifies the permitted number of signs a commercial building may have.
Presently, each business is allowed one window or wall sign per frontage and
building entrance, one ground or pylon sign per site and 1 additional sign on each
canopy. This particular wording has resulted in an interpretation that the number of
signs permitted was cumulative. This was not the original intent and, in order to
remove any ambiguity, new wording has been proposed which identifies the
number of signs permitted for single business sites, single business sites located on a
corner, multiple buisiness sites, stand alone or exterior corner units on a multiple
business site, and for motor vehicle service stations.
The proposed amendment would allow a business to have 1 ground or pylon sign, 1
wall or window sign and up to 3 canopy signs. Additional client entrances will also
be allowed an identification sign. A business located on a comer will be permitted
signage on both street frontages. Where two or more businesses are located on the
same property, the above provisions apply with the exception of the ground/pylon
sign provision. Only one ground/pylon sign will be permitted per site and it must
be a group identification sign. A motor vehicle service station may be permitted 1
ground or pylon sign, 1 wal I or window sign and a maximum of 9 canopy signs.
3.2.2 The second area of clarification occurs in Section 3.5 of the by-law which identifies
the maximum height of signs permitted within 3 metres of a street allowance. In the
original. by-law, the term "ground sign" was inadvertently included. Since this
provision is intended to apply to all signs, the amendment proposes to delete the
word "ground" so that the regulation should read as follows:
"No person shall erect a sign higher than 0.75 metres within 3 metres of any street
allowance where the sign may impede vision of an access from any improved
public street to any lot."
3.2.3 The proposed amendment includes a new definition and regulations to permit the erection
of signage on transit shelters. A definition was added for Transit Shelter Signs and the
X .
b REPORT PD-88-99 PAGE 5
section dealing with prohibition of signs in street allowances and sight triangles has been
amended to allow a transit shelter sign to be erected within a street allowance. A
municipal agreement must be entered into prior to the erection of transit shelters.
Signage will have to be fully contained within the limits of the shelter structure and must
not impair visibility. Regulations regarding the size of the signage will be incorporated
within the municipal agreement.
4. STAFF COMMENTS
4.1 Recent changes to the Municipal Act allows a Municipality to specifically regulate adult
entertainment signs. Staff have conferred with the Durham Region Police in the
preparation of the proposed amendment to the Sign By-law. The proposed amendment
will help ensure that the often vivid and descriptive adult entertainment signage found in
other G.T.A.municipalities is not repeated in Clarington.
4.2 The City of Oshawa passed an amendment to their sign by-law to regulate adult
entertainment signs in April 1999. The amendment proposed by Municipal Staff and that
of the City of Oshawa are similar in many aspects, with the exception being the
maximum allowable size of a sign. The City of Oshawa imposed a maximum size of 5
square metres for an adult entertainment sign.
4.3 This by-law has been reviewed by both the Durham Regional Police and the Municipal
By-law Department. Both concur with the proposed amendment.
4.4 The Public Works Department has advised that a request for proposals for transit shelters
have been received. Signage will be permitted on these shelters and will be regulated
through municipal agreements. In that the Sign By-law defines "official bench signs"
and permits them within street allowances, it is appropriate to address "transit shelter
signs"in the same vein.
4.5 The other two changes to the by-law clarify existing provisions and are not associated
with adult entertainment signs . The changes have been incorporated in order to remove
REPORT PD-88-99 PAGE 6
any ambiguity with respect to interpretation of the affected policies.
5. CONCLUSION,
5.1 The current Sign By-law has been in place for almost 2 years and it has been as effective
by-law for controlling new signs in Clarington. Since the sign by-law was adopted, the
Municipal Act has been revised providing for greater regulation with respect to
advertising of adult entertainment parlours. The proposed amendment to the by-law
ensures that all adult entertainment uses in Clarington are treated equally with respect to
signage
Respectfully submitted, Reviewed by,
L tZcxCX�`��-n1 `Jl..
avid J. .C.I.P.,R.P.P. Franklin Wu,M.C.I.P.,R.P.P.,
Director of Planning&Development Chief Administrative Officer
HB*LDT*cc
July 8, 1999
Attachment No. 1 Proposed Sign By-law Amendment
THE CORPORATION OF THE MUNICIPALI I Ur CLARINU IUN
BY-LAW NUMBER 99-_ ATTACHMENT # 1
SIGN BY-LAW AMENDMENT
being a By-law to amend By-law 97-157, as amended of the
Municipality of Clarington.
WHEREAS Section 225 (2) of the Municipal Act, R.S.O. 1990, c.M. 45 provides that by-laws
may be passed for the regulation and placement, construction, size, nature and character of
signs, including regulation of any printed matter posed or used for the purpose of promoting
ADULT ENTERTAINMENT PARLOURS.
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 97-157, as amended of the Corporation of the Municipality of
Clarington.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 2— DEFINITIONS is hereby amended as follows;
(i) by adding"Sign,Adult Entertainment"after the definition of"Sign,A-Board".
"SIGN, ADULT ENTERTAINMENT" means any type of sign located outside or
capable of being viewed from the outside of a premise used as an ADULT
ENTERTAINMENT PARLOUR, and which is used or intended to be used to
advertise an ADULT ENTERTAINMENT PARLOUR. No adult entertainment sign
shall contain advertising other than the words "Adult Entertainment" or "Adult
Entertainment Parlour", and the name under which the business is operated."
(ii) by adding"Sign,Transit Shelter"after the definition of"Sign,Traffic Control".
"SIGN, TRANSIT SHELTER" means a transit shelter erected in compliance with a
Municipal Agreement and having a sign adhered to it. The size of the sign is
regulated by the Municipal Agreement.
(iii) by amending the definition of"Sign,Vehiclerrrailer" immediately following
the words"operations of the business".
"Notwithstanding the above, no sign which is mounted, placed, painted or
displayed on a vehicle, shall be used in whole or in part to advertise an Adult
Entertainment Parlour."
2. Section 3.6.0) is hereby amended by deleting the word "ground".
2
3. Section 3.7.2 — PROHIBITIONS is hereby amended by adding the following words
immediately following the words"deemed to be obscene":
"including any of the following words, 'naked', 'nude', 'topless', bottomless', sexy', or
any other word or picture, symbol or representation having like meaning or
implication".
4. Section 3.7.5 PROHIBITION IN STREET ALLOWANCES AND SIGHT TRIANGLES is
hereby amended by adding the works "transit shelter sign", immediately following the
words "official bench sign".
5. Section 4.3—SIGN REGULATIONS is hereby amended by deleting Tables A, B and C
and replacing them with New Tables A, B and C as depicted on Schedule"A"to this
By-law."
6. Schedule"A"attached hereto shall form part of this By-law.
7. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of 1999.
BY-LAW read a second time this day of 1999.
BY-LAW read a third time and finally passed this day of 1999.
MAYOR
CLERK
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