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HomeMy WebLinkAboutPSD-008-11Clarington Leading the Way REPORT PLANNING .SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 24, 2011 Resolution #: ~ p/}-03l-llBy-law #: 0~0//-d/0 Report #: PSD-008-11 File #: PLN 8.13 Subject: AMENDMENTS TO SIGN BY-LAW 2009-0123 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-008-11 be received; 2. THAT the Municipality of Clarington Sign By-law 2009-123 be amended by By-law as included in Attachment 1 to Report PSD-008-11; and THAT all interested parties listed in Report PSD-008-11 and any delegations be advised of Council's decision. Submitted by: ~ Reviewed by: ~J ~~~ --~ " ~-'~ Dav Crome, MCIP, RPP Franklin Wu, Director, Planning Services Chief Administrative Officer I UFUsn/ah January 11, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-008-11 PAGE 2 1.0 BACKGROUND 1.1 The new Clarington Sign By-law 2009-123 was approved on September 21, 2009 and came into effect on January 1, 2010. The three month period between the passing of the Sign By-law and its taking effect was a period to allow for transition from the old by- law to the new. Active enforcement of By-law 2009-123 is occurring. 1.2 The Planning Services Department processed 94 permanent and 103 temporary sign permit applications in 2010, a significant increase from previous years. Ten of the temporary sign permits were issued for community group signage on Municipal lands in accordance with Corporate Policy H35. The Engineering Services Department have issued a number of special event permits for road-side signs. The permits allow for signs in the road allowance immediately in advance of an event. 1.3 The purpose of this report is to address signage issues that have arisen in the past year since the By-law came into effect and recommend amendments to address the issues. 2.0 SIGN BY-LAW REVIEW AND CONSULTATION 2.1 Review Planning Services Staff undertook the review of the Sign By-law beginning in 2007 with the collection of background information and examples from other municipalities. The process for review of the Sign By-law included extensive public input, the retention of a consultant with expertise in the matter, involvement of stakeholders and other departments, and consultation with the Municipal Solicitor. 2.2 Consultation 2.2.1 Public consultation is a key factor in determining community expectations for the development of an enforceable Sign By-law as the by-law must be grounded in public acceptance and community standards. There were five (5) stages to the public consultation for the Sign By-law review; a more fulsome explanation of the public consultation process is set out in Report PSD-051-09, the steps were: • Public Consultation Paper • Open Houses (Orono, Bowmanville, Courtice, Newcastle) Interviews and Meetings (Councillors, stakeholders, signage company representatives) • Sign Preference Survey • Release of Draft Sign By-law and Public Meeting in May of 2009 2.2.2 Changes made to the Sign By-law following the Public Meeting in May 2009 included minor wording changes and clarifications to sign types and definitions. To address the issues surrounding election signs and the regulations for them a separate By-law being By-law 2010-015 amending Sign By-law 2009-123 was passed in February 2010. REPORT NO.: PSD-008-11 PAGE 3 2.2.3 During the consultation process much discussion and debate involved "mobile" or "temporary" signs, their placement, use, visual appearance, etc. These signs are often employed by businesses and groups to notify the driving public of certain events which are transitory in nature. To address the many issues and complaints that this type of signage was creating, the Mobile Sign Business Licensing By-law 2009-124 was approved at the same time the new Sign By-law was passed. This by-law allows the Municipality to license the companies that provide mobile signs and ensures that they are meeting the standards and regulations set out in the Sign By-law. 2.3 Community Events Signs on Municipal Property 2.3.1 As part of the ongoing implementation of the Sign By-law it is recognized that many community groups and agencies wish to advertise events, such as recreational league registrations, fundraisers and other activities. The Municipality receives numerous requests for signage on Municipal properties by community groups and service agencies due to the prominent locations of municipal facilities; registration and/or. special events are held in municipal facilities such as community halls, recreation facilities or parks. 2.3.2 The issues faced by community groups and agencies in getting their message out to the public are the same as that of the Municipality, how to effectively communicate within the confines of a tight budget. Most community groups and agencies only require signage in the weeks leading up to an event, not over the longer term. 2.3.3 To assist community groups and agencies in being able to promote their events, the Municipality helped to facilitate this communication while adhering to the Sign By-law 2009-123 as amended by allowing for the use of Municipal properties for mobile signs as set out in Report PSD-032-10 approving Corporate Policy H35. This approach appears to be working well for the community groups, not-for-profit agencies and the mobile sign companies. The mobile sign locations on Municipal property are provided on afirst-come-first-serve basis at no cost for the sign permit to the agency. The mobile signs can be installed for two weeks prior to the event to allow sufficient time for advertising. 2.3.4 The mobile sign companies will be required to renew their licenses early in 2011. The Municipal Law Enforcement Division and Planning Services Staff will be hosting a seminar with the mobile sign companies to review the provisions of By-laws 2009-123, 2009-124 and the amendments included in this report. The license applications will also be amended to include the Sign By-law provisions that are specific to mobile signs. 3.0 PROPOSED SIGN BY-LAW AMENDMENTS Community Events Signs on Private Property The Corporate Policy (H35) for community event signage on Municipal property was approved in March of 2010, three months after the Sign By-law came into effect. The policy has worked well for the not-for-profit groups. Staff believe it would be reasonable to incorporate similar provisions for community groups and non-profiUnot-for-profit REPORT NO.: PSD-008-11 PAGE 4 groups into the Sign By-law for private lands that community groups are renting for a special event or own. An amendment is required to include definitions of what constitutes a community group or non-profit/not-for-profit organization and to include regulations whereby these groups can advertise community events for limited periods without having to pay a temporary sign permit fee on the lands where the event will be held. Personal Signs Personal signs are defined in the Sign By-law as a temporary sign used for a personal announcement or congratulatory message which is located on a property zoned for residential uses. Sign permits are not required for personal signs. The Sign By-law does not regulate the size of personal signs, the number that can be placed on a property, or the length of time they can be posted. Staff have received public inquires into the maximum size these signs can be and the length of time they can be posted. It is proposed that the Sign By-law be amended to include personal sign as a permitted sign type in Table 1 and that the Table indicate that they only be allowed on residential properties. Personal signs are meant to be temporary signs and will be limited to two weeks, after which they are to be removed for a period of at least 60 days. Multi-unit residential signs on landscape feature walls Multi-unit residential signs are defined as a sign erected on a property to identify the name of the multi-unit residential development. The Sign By-law permits 1 sign per multi-unit development site. On December 20, 2010 Council approved an amendment to the Sign By-law to permit multi-unit residential signs on landscape feature walls for an existing development in the Port of Newcastle. The landscape feature walls were constructed as entrance features into the residential development, not as sign support structures for the multi-residential development signs. In order to recognize situations where there are landscape feature walls that can accommodate multi-unit residential development signs it is proposed that the Sign By-law be amended to permit such signs at the entrances to these properties. It is also proposed that the signs be permitted at each entrance to the multi-unit residential site from a public road allowance. Beech Avenue as a Heritage Resource Area Schedule "1" to the Sign By-law identifies the heritage downtown cores of Bowmanville, Orono, and Newcastle Village as heritage resource areas (HRA). Special provisions for these areas require signage be in keeping with the heritage character of the surrounding neighbourhood. Beech Avenue in Bowmanville is a designated heritage conservation district under the Ontario Heritage Act. As such, it should also be identified as a heritage resource area on Schedule "1" of the by-law so that any signage erected will be sensitive to the heritage character of the buildings and the street. The types of signage allowed on Beech Avenue are already restricted because of its residential use, this amendment does not change the type of signs that can be used. Rather it limits the sign to designs that are in character with the heritage designation of the area. REPORT NO.: PSD-008-11 PAGE 5 Mobile Sign Colours Section 8.9 of the Sign By-law provides the regulations that are specific to mobile signs. These regulations are based on the comments submitted to Staff during the public consultation process. One of the most common complaints received was that the fluorescent colouring frequently used on mobile signs to attract attention was too bright and added visual clutter. Fluorescent or neon is the industry term used by the mobile signs companies to describe the colours of the lettering. Examples of these brilliant colours are shown below: It order to address the public's comments on the intensity of the mobile sign colours, the Sign By-law contains a provision which states that "fluorescent colours are prohibited on a sign area". The term fluorescent was not defined in the Sign By-law. It is proposed that the following definition be included for clarification and enforcement purposes. Fluorescent means any bright, vibrant colour of aday-glow or neon-like nature intended to stand out and catch the viewer's attention. Mobile Sign Removal Period The Sign By-law states that a maximum of three sign permits can be issued in one year provided that sixty days has elapsed between the expiry of the last sign permit and the mobile sign has been removed. This section does not state that the sign has to be removed for sixty days before another permit can be issued. This can result in situations where a business owner could obtain a permit for a mobile sign, leave the sign up past the sixty day expiry date, take the sign down for a couple of days, and then reapply for another permit. The intent was to ensure that mobile signs be removed for a sixty day period before another sign is installed. In order to provide clarification the by- law provision will be amended to add the sixty day removal period. REPORT NO.: PSQ-008-11 PAGE 6 Additions to Section 9. Exceptions The Sign By-law was approved by Council in September of 2009. The exceptions that had been made to the previous Sign By-law up until that date were included in the new Sign By-law under Section 9. One exception was missed from the list and is to be incorporated as Section 9.14. The exception is as follows: 9.14 A reduction in the minimum required setback from a road allowance from 1 metre to 0.25 metres for a ground sign and a temporary sign, and a window sign for each business is permitted for the property located at 161 King Street East, Bowmanville (PSD-112-08). Two exceptions to the previous Sign By-law 97-157 were approved between Council's approval of the new Sign By-law in September of 2009 and when it came into effect in January of 2010. These exceptions should be included and numbered as sections 9.15 and 9.16. Approval was granted as indicated below. 9.15 A reduction in the required setback from the road allowance from 1 metre to 0 metres and an increase in the maximum permitted sign area for a ground sign. from 1.5 square metres to 2.3 square metres is permitted for the property located at 1848 Concession Road 6 (PSD-091-09). 9.16 A reduction in the required setback from a road allowance from 1 metre to 0.45 metres, artd a reduction in the required visibility triangle from 3 metres by 3 metres to 3 metres by 0.75 metres to accommodate a ground sign is permitted for the property located at 118 King Street east, Bowmanville (PSD-108-09). A fourth application was filed in 2009 for an exception to Sign By-law 97-157. The application was not approved until January 11, 2010, after Sign By-law 2009-123 came into effect, therefore it was approved as an exception to the new Sign By-law. This exception will be numbered 9.17. 9.17 A reduction in the required setback from a road allowance from 1 metre to 0 metres, and an increase in the required size from 1.5 mZ to 2.7 m2 to accommodate the existing ground sign for the property located at 183 Church Street West, Bowmanville (PSD-008-10). 4.0 CONCLUSION 4.1 The proposed amendments to the Sign By-laW are detailed in the amending by-law included in Attachment 1. Approval of the amending by-law will add to the Sign By- law's comprehensiveness and grant community groups the same privileges to advertise on their own property or property they are renting as they have to advertise on Municipal property. 4.2 These further clarifications to the By-law wilt enhance the enforceability of it. Staff Contact: Isabel Little REPORT NO.: PSD-008-11 PAGE 7 Attachments: Attachment 1 -Proposed Sign By-law Amendment List of interested parties to be advised of Council's decision: Gerry Johnston Attachment 1 To Report PSD-008-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- being a By-law to amend Sign By-law 2009-123, as amended of the Municipality of Clarington WHEREAS Section 11 of the Municipal Act, 2001, Chapter 25, as amended, provides for the amendment of By-laws regulating or prohibiting the erection of signs; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 2009-123, of the Corporation of the Municipally of Claringtoh; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of theMunicipality of Clarington enacts as follows: 1. Section. 2 -INTERPRETATION OF BY-LAW is hereby amended be including the following new definitions": `COMMUNITY GROUP" means a volunteer based organization which has a constitution and by-laws in place or at minimum a mission statement or a statement of purpose. They have a Board of DirectorslSlate of Officers and they provide direct services, - ~ programs or events that benefit the residents of Clarington. They may or may not be incorporated provincially andlor federally. Places of worship organizations are ', considered to be a community group for the purpose of this by-law. "FLUORESCENT" means any bright, vibrant colour of a day-glow or neon-like nature intended to stand out and catch the viewer's attention. "NON-PROFIT/NOT-FOR-PROFIT ORGANIZATION" means an organization similar to a community group with a constitution, by-laws and a Board of directors. They are registered/incorporated as anot-for-profit organization and should be able to provide their not-for-profit number. 2. Section 7 -ALLOWED SIGNS is hereby amended as shown in Schedule A. 3. ~ Section 8.9 -Mobile Signs is hereby amended by replacing the existing 8.9 i) with the fallowing:: 8.9 i) A maximum of three (3) sign permits may be issued within a twelve (12) month period for the same business provided that a minimum sixty (60) days has elapsed between the expiry of the last sign permit and the mobile sign has been removed for a period of sixty (60) days. And by adding the following new points to the end of Section 8.9: 8.9 x) A maximum of three (3) sign permits may be issued within a twelve (12) month period for signs to be installed for a maximum of two (2) weeks for a community group or non-profit/not-for-profit organization provided that a minimum sixty (60) days has elapsed between the expiry of the last sign permit and the mobile sign has been removed for a period of sixty (60) days. 8.9. xi) A sign permit for mobile sign for a community group or anon-profrUnot-for-profit organization shall expire twenty-four (24) days after the erection date specified on the sign permit for signs that are exempt fromthe sign permit fee. Where an erection date is not specified, the effective date for the purpose of this section shall be the date the sign permit is issued. 4. Section 8 -Specific Sign Regulations is hereby amended by adding a new Subsection 8.13 as follows Section 8.13 Personal Signs i) Personal signs may be erected for two (2) week periods. A minimum of sixty (60) days must elapse between a personal sign being removed and another personal sign being erected. All subsequent subsections are renumbered, and all references to these sections in Section 7 are renumbered accordingly. 5. Section 9 -EXCEPTIONS BY AMENDMENT is hereby amended by inserting the following new subsections and renumbering the subsequent subsections to 9.18, 9.19 and 9.20. 9.14 A reduction in the minimum required setback from a road allowance from 1 metre to 0.25 metres for a ground sign and a temporary sign, and a window sign for - ~ each business is permitted for the property located at 161 King Street East, Bowmanville (PSD-112-08). 9.15 A reduction in the required setback from the road allowance from 1 metre to 0 metres and an increase in the maximum permitted sign area for a ground sign from 1.5 square metres l0 2.3 square metres is permitted for the property located at 1848 Concession Road 6 (PSD-091-09). 9.16 A reduction in the required setback from a road allowance from 1 metre to 0.45 metres, and a reduction in the required visibility triangle from 3 metres by 3 metres to 3 metres by 0.75 metres to accommodate a ground sign is permitted for the property located at 11 B King Street east, Bowmanville (PSD-108-09). 9.17 A reduction in the required setback from a road allowance from 1 metre to 0 metres, and an increase in the required size from 1.5 m2 to 2.7 m2 to accommodate the existing ground sign for the property located at 183 Church Street West, Bowmanville (PSD-008-10). By adding the following new subsection: 9.21 Notwithstanding Section 3.3, community groups and non-pro(it/not-for-profit organizations are deemed exempt from paying temporary sign permit fees fora maximum of three (3) mobile signs per year for signs that are installed for two week periods. - 6. Tables "1", "2" and "3" ofBy-law 2009-123 are amended as per the shaded areas on Schedule "A". 7. Schedule "1" -HERITAGE RESOURCE AREAS is hereby amended as shown in Schedule B. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-1AW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Barrie, Municipal Clerk SCHEDULE A TO BY-LAW NO. 2011- 7.8 SIGNS ALLOWED BY PROPERTY USE The sign and conditions under which they are allowed in property use categories shall be in compliance with Table 1 -Signs Allowed By Property Use. TABLE 1 -SIGNS ALLOWED BY PROPERTY USE Column 1 Column 2 Column 3 PROPERTY USE CATEGORY Sign Type Section RES IND COM INS AGR 1 HRA (2 CWS D Overhan ing Sign 8.12 N N N N N A N Personal Sin 8.13 A N N N N N N Portable Si 8.14 A A A A A A A N =Not Allowed A =Allowed See Section 8.22 2. See Section 8.23 7.9 MAXIMUM NUMBER OF SIGNS The maximum number of signs allowed on a property shall be in compliance with Table 2 -Maximum Number of Signs Allowed on a Property. TABLE 2 MAXIMUM NUMBER OF SIGNS ALLOWED ON A PROPERTY" Si n T e Number Allowed Mobile Sign 1 per single business property 1 per 75 metres of store-front frontage for multi- business ro erties to a maximum of 3 Multi-Unit Residential Sign 1 per multi-unit development site entrance from a ublic road allowance Off-Site Direction Sin 1 Overhan in Sign 1 Personal Sin 1 Portable Sign 1 7.10 MAXIMUM SIGN AREA The maximum area of a sign shall comply with Table 3 -Maximum Sign Area. TABLE 3 -MAXIMUM SIGN AREA PROPERTY USE SIGN TYPE RES IND COM INS AGR HRA CWSD Monolith/Pylon Sign N 7.5 m N N N 9 m2 for multi-tenant property with buildings from 5001-8000 m2 floor area 11mz for multi-tenant properly with buildings 8001 m+ floor area Multi-Unit Residential' 75% of ' N Sign... display surface 2mZ when attached to landscape feature wall Off-Site Directional N 1.5 m N 1.5 mz* 1.0 mZ 1.5 m Si n Overhanging Sign N N N N N 1.0 m2 N Personal Sin 0.30m Portable Sin 1.Om N =Not Allowed * See Section 9.19 SCHEDULE B TO BY-LAW NO. 2011- Schedule "s" to Sign By-Law zoog - sz3 HERITAGE RESOURCE AREAS NEWCASTLE VILLAGE BOWMANVILLE ORONO