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HomeMy WebLinkAboutPSD-005-08 Cl~lilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~e50Iv--k tJn -J!{d(JfJ-D01-og Monday, January 7, 2008 Date: Report #: PSD-005-08 File #: PLN 8.11 By-law #: Subject: MUNICIPALITY OF CLARINGTON SIGN BY-LAW REVIEW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-005-08 be received for information. Submitted by: RevieWedbY:O~~~ Franklin Wu, Chief Administrative Officer IL*FL *DJC*df 13 December 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-005-08 PAGE 2 1.0 PURPOSE 1.1 To advise Council of the review process and timeframe for the Municipality's Sign By- law. 2.0 BACKGROUND 2.1 The Municipality's current Sign By-law 97-157 was approved by Council on July ih, 1997. Over the past ten years there have been many changes in sign technology, .advertising trends, and businesses needs for advertising and promotion. During this timeframe several municipalities have also faced court challenges in regards to their sign by-laws. Sign by-laws must meet the parameters established by the Canadian Charter of Rights and Freedoms which guarantees the right and freedoms of expression and speech set out in it subject to such reasonable limits as can be demonstrably justified in a free and democratic society. In addition, the Municipal Act has been modified since the Municipality's current Sign By-law was enacted. In order to address these issues the Planning Services Department is conducting a comprehensive review of Sign By-law 97-157. The purpose of the review is to evaluate the Municipality's existing sign by-law and determine how all types of signs in Clarington should be regulated. This includes signs on public or private property and deals with sign standards such as the number, height, size and location of signs. The proposed new Sign By-law will be crafted in such a way as to achieve the following objectives: . ensure public safety; . facilitate aesthetic improvement of the Municipality such. that signage should be integrated with the architecture and landscaping not only to identify and inform, but also to complement and enliven the streetscape; . provide commercial and industrial enterprises adequate, flexible means to identify themselves and their products or services, recognizing that the primary function of signage is to identify, rather than advertise; . encourage and improve the quality of sign design; . support the Municipality's Official Plan policies and urban design guidelines; . recognize the special character areas of the Municipality such as, but not limited to, the historic downtowns, hamlets and rural areas; . introduce a clear and concise format which will facilitate the easy interpretation, proper administration and maintenance of the Sign By-law; . provide a fral:Tlework and guidelines for Sign By-law amendment and variance applications; and, . provide provisions for the effective and efficient enforcement in the Sign By-law. REPORT NO.: PSD-005-08 PAGE 3 3.0 REVIEW PROCESS 3.1 Proiect Tasks The main tasks for the review and preparation of a new sign by-law are set out in detail in the work program (Attachment 1), the tasks include: 1) Background research and analysis 2) Determining community expectations 3) Regulatory signage standards 4) Policy interface 5) Signage design guidelines 6) Writing the by-law 7) Passage of the new by-law 3.2 Backaround and Analvsis Staff have already begun to review the Municipality's current sign by-law by preparing a pictorial inventory of signs throughout the Municipality, reviewing the existing sign by- law in conjunction with other municipal by-laws that may affect signage, reviewing regional and provincial regulation for signage, examining the sign by-laws of other municipalities, researching the recent court decisions for other municipalities in regards to freedom of expression, reviewing the Municipal Act's provisions, determining the applicable policies within the Municipality's Official Plan, Corporate Strategic Business Plan, Community Improvement Plans and Urban Design Guidelines, reviewing past applications for sign by-law amendments and variances, and consulting with by-law administrators from other municipalities, the By-law Enforcement Division and the Municipality's solicitor. This information has been gathered and will be used as a basis for preparing the new sign by-law. 3.3 Community Expectations Public consultation will be an important factor in determining community expectation, and in preparing a sign by-law. In order to foster discussion and obtain comments on the issues related to signage within the Municipality a public consultation paper will be issued. It will provide an assessment of the current Sign By-law and summarize the types and number of applications for sign by-law amendments and variances in order to provide a means of identifying issues to be addressed. The consultation paper will be posted on the Municipality's website and will be distributed to the appropriate stakeholders, ratepayers groups and the BIAs as part of the public consultation process. A copy will be provided to Council prior to public distribution early in January 2008. 3.4 Communitv Consultation Clarington is a diverse municipality and consideration needs to be given to the different signage requirements and expectations within its different areas. In order to obtain the variations in public opinion a series of four public open houses will be held, one in Courtice, Bowmanville, Newcastle Village, and Orono. The public consultation paper REPORT NO.: PSD-005-08 PAGE 4 will be distributed prior to the open houses and will be available at the meetings. Notice of the open houses will be advertised on the Municipality's website and in the local newspapers. 3.5 Visual Preference Survey A visual preference survey will be conducted as part of the public consultation process. This type of survey is used as a method of gathering insights into the public's thinking and attitudes towards signs. It consists of a printed workbook containing pictures of signs of different types and in different contexts which are then scored. In addition, the survey asks members of the public for their views on particular signage issues such as mobile signs, billboards, etc. The results of the survey are used as a basis for signage design guidelines and regulations. The survey will be posted on the Municipality's website and will be distributed to the appropriate stakeholders, ratepayer groups and the BIAs. It will also be distributed during the open houses. 3.6 Work Proaram To assist Municipal staff in carrying out the visual preference survey and community consultation the Planning Services Department will be retaining a consultant, Martin Rendl who has significant experience with signage issues and the drafting of signage by-laws based on the most recent legal framework (Attachment 2). This consultant has assisted a number of other municipalities with their signage by-laws including Markham, Burlington, Oakville, Mississauga, and Hamilton. Funds for this consulting contract have been allocated from the 2007 Planning consulting budget. 4.0 TIMEFRAME FOR REVIEW 4.1 It is anticipated that the review of the Sign By-law can be completed within the first half of 2008. Much of the background work has already been completed. The consultation paper and the visual preference surveys will be distributed in early 2008 and the four open houses will be held before spring. A new Sign By-law will be drafted and presented at a Public Meeting in June. 5.0 CONCLUSION 5.1 The Municipality's current Sign By-law 97-157 is ten years old and a comprehensive review is necessary. An updated Sign By-law will incorporate the sustainability principles and goals of the Clarington Official Plan. It will also aid in fulfilling the community planning and improvement objectives of the Corporate Strategic Business Plan. Attachments: Attachment 1 - Work Program Attachment 2 - Consultant Qualifications Attachment 1 To Report PSD-005-08 SIGN BY-LAW WORK PROGRAM Backaround Research and Analvsis . review existing Sign By-law, as well as other municipal by-laws that may affect signage . review regional and provincial regulations that affect signage within the municipality . examine the sign by-laws of other municipalities . review recent court decisions in with regard to freedom of expression . prepare pictorial inventory of signs . detenmine applicable policies within the Municipality's Official Plan, Corporate Strategic Business Plan, Community Improvement Plans and urban design guidelines . review past applications for sign by-law amendments and variances . consult with other municipalities, By-law Enforcement and Municipal solicitor Completed Planning Services Staff Determininq Community Expectations . determine community expectations on issues such as prohibited signs, signage on stationary or abandoned vehicles, directional signs, signs for community and public events, places of worship, method of measurement, temporary banners, projection signs, billboards, street hardware, window signs, and mobile signs. Jan/Feb/Mar Consultant Requlatorv Siqnaae and Standards Partially Completed Planning Services Staff . identify innovative approaches to sign regulation being undertaken elsewhere and assessing their appropriateness for use in Clarington . identify weaknesses in the current practice, procedures, method of operations and current regulations . consider the relationship between roadway directional signs and the standards governing signs on private and public property Policv Interface Jan/Feb/Mar Planning Services and . prepare recommendations and options for Municipal Law a new comprehensive and consolidated Enforcement Staff Sign By-law and process . evaluate options for considering sign by- law amendment and variance requests . introduce a clear and concise format which will facilitate the easy interpretation, proper administration and maintenance of the Sign By-law . develop policies and procedures concerning the administration and enforcement of the new Sign By-law Siqnaqe Oesiqn Guidelines Jan/Feb/Mar Planning Services Staff . analyze the relationships among such factors as sign design (i.e. size, location, readability, colour), traffic characteristics (i.e. speed limits), land use and commercial viability to define standards for signs of certain types in certain uses . classify and define a range of sign types and their purpose in the new Sign By- law Writing of By-law April/May Staff/Consultant! Municipal Solicitor Passage of New By-law June Council Attachment 2 To Report PSD-005-08 /, C '~'-' / ... ';;,' " .~.,. MARTIN RENDL AsSOCIATES Planning & Development Services 35 Delburn Drive Toronto, Ontario M1V lA8 Tel: [4161 291-6902 . ;Fax: [416] 291-7398 mrendl@inforamp.net CONSULTANT EXPERIENCE Martin Rendl has 30 years of planning experience in Ontario, as a planner in the public sector and as a consultant. His project experience covers the complete range of planning policy and development issues. Clients inciude municipalities, public agencies, developers, investors, and citizen groups. In recent years, Mr. Rendl's expertise and experience has expanded Into the specialized area of signage studies for municipalities and the preparation of new sign by-laws. Completed signage projects include: . Mississauga Sign By-law Review, June 2001. . Mississauga Mobile Sign Study, November 2000. . Town of Oakvllie Billboard Study, October 2000. . Town of Markham Sign By-law Review, March 2002. . Slgnage guidelines for the City of Hamilton Site Plan Guidelines, June 2003. . Drafting of proposed sign by-law for City of Niagara Falls, 2004. . City of Hamilton Sign By-law Review, July 2006. . City of Burlington Sign By-law Review, May 2007. Mr. Rendl's previous work for the Town of Oakville was part of the Town's defence of its sign by-law in the Vann Niagara case, in which the Supreme Court of Canada upheld the Town's sign by-law. Mr. Rendl's hands on experience with sign issues in the municipal context lets him deal efficiently with signage issues and draft new sign by-law provisions. Mr. Rendl's signage expertise and knowledge cannot be matched by any other consultant. Martin Rendl Associates' resource base related to signs is extensive and includes over 100 municipal sign by-laws from across North America, along with sign design guidelines, specialized publications and signage research. The sign library contains over 3,000 images of signs. , I