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Home My WebLink AboutPSD-103-11 • Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #: -701°/f By-law #: /I- 1 1 Report#: PSD-103-11 File #: PLN 8.13 Subject: AMENDMENT TO SIGN BY-LAW 2009-123 AND DELEGATION OF AUTHORITY FOR MINOR VARIANCES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-103-11 be received; I 2. THAT the By-law to delegate authority to approve minor variances to the Sign By-law to the Director of Planning Services and to amend the Sign By-law, as per Attachment 1 to PSD-103-11 be approved; 3. THAT the power to approve minor variances to the Sign By-law, as detailed in the amendment to the Sign By-law included in Attachment 1 to Report PSD-103-11, be deemed by Council to be minor in nature; and 4. THAT all interested parties to Report PSD-103-11 be advised of Council's decision. �r Submitted by: ° ' ` Reviewed by: D '-d/J. Crome, MCIP, RPP Franklin Wu, Director, Planning Services Chief Administrative Officer I L/FL/av/sn 7 December 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-103-11 PAGE 2 1 BACKGROUND 1.1 Sign By-law 2009-123 was approved on September 21, 2009 and came into effect on January 1, 2010. The Sign By-law regulates signs on private property across the Municipality and reduces the visual clutter that Council and the community were seeking to address. Staff are bringing forward amendments to the Sign By-law as new issues are identified that were not identified during the review. 1.2. Property owners that would like to erect a sign that does not comply with the regulations in Sign By-law 2009-123 are currently required to file an application for an amendment to the Sign By-law. All amendment applications are forwarded to Council for consideration. 1.3 This report to Council proposes a procedure to establish and permit minor variances to the Sign By-law and to delegate authority to the Director of Planning Services to approve such minor variance applications. 2 DELEGATION OF AUTHORITY 2.1 The authority to pass a by-law regulating signs is granted to Council under subsection 11(3) of the Municipal Act, 2001. In 2006 the Municipal Statue Law Amendment Act (Bill 130) amended the Municipal Act, 2001 to provide municipal councils with enhanced opportunities to delegate routine administrative matters. The intent of the amendment was to help create an effective and efficient governance structure that enables Councils to focus on their priorities. 2.2 Council has the option, under Sections 23.1 to 23.5 of the Municipal Act, 2001 to delegate its power and duties to a person or body provided that Council considers the scope of the authority that is granted to be minor in nature. Council is to consider the number of people, the size of the geographic area and the time period affected by an exercise of the power. Council delegation of authority must be effected by by-law in accordance with subsection 5(3) of the Municipal Act, 2001. 2.3 Attachment 1 specifically details the authority that Council would be delegating to the Director of Planning Services in regards to the Sign By-law. 3 MINOR VARIANCES 3.1 It is proposed that the Director of Planning Services be delegated authority to approve minor variances to any of the requirements in the Sign By-law other than the types of signs allowed by property use as identified in Section 7.8 and the maximum height of signs as identified in section 7.11. 3.2 The Director of Planning Services will not have approval authority for minor variances to any provision in regards to Election Signs, Mobile Election Signs, Vehicle Election Signs, Mobile Signs, Billboard Signs, Monolith Signs, or Pylon Signs. REPORT NO.: PSD-103-11 PAGE 3 3.3 Any requests that cannot be dealt with as a minor variance could be addressed through a Sign By-law amendment application should the owner wish to make application. The application would be forwarded to Council for consideration. 3.4 In addition, should the Director of Planning Services deny a request for a minor variance to the Sign By-law, the applicant would have the option of filing an application for amendment. 3.5 A minor variance will not be required for any sign that is approved in accordance with the Municipality's Site Plan Control By-law. 4 FEES 4.1 The current fee schedule By-law 2010-142 will be amended to include an application fee for Sign By-law minor variances as per Report PSD-101-11. 5 CONCURRENCE - Reviewed with Municipal Solicitor 6 CONCLUSION 6.1 Staff have reviewed the municipal process and regulations in regards to the Sign By-law and have identified this opportunity to streamline the signage approval process in accordance with the Corporate Strategic Plan's objective of promoting economic development. The delegation of authority and the establishment of a process to approve minor variances to the Sign By-law fast track business' applications for signage. Approval of the by-law will streamline the signage approval process and will enable Council to focus their decisions on larger issues that require amendments, versus minor issues that can be addressed by the Director. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: x Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Isabel Little Attachment: Attachment 1 — By-law to Delegate Authority and permit Minor Variances Attachment 1 To Report PSD-103-11 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011- i I 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; Y 9 9 P 9 9 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 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 — INTERPRETATION OF BY-LAW is hereby amended by including the following new definitions: "DIRECTOR"means the Director of Planning Services or designate. "SITE PLAN APPROVAL" means the process of site plan approval as governed by the Municipality's Site Plan Control By-law, as amended, and the provincial Planning Act. 2. SECTION 10 — VARIANCES 10.1 The Director as the delegated authority, at his/her discretion, may approve minor variances to this Sign By-law in the following situations. 10.1.1 The Director may vary the following provisions of the Sign By-law at the time of site plan approval: a. The location of any sign on a building or property b. The number of signs on a building or property, having regard for the sign type, property use and the size of the property 10.1.2 The Director will consider minor variance applications for properties that are not subject to site plan approval for the provisions of the Sign By-law that are identified in Section 10.1.1 10.2 In considering a minor variance application, the Director shall have regard to: a. Special circumstances or conditions applying to the property, building, or use referred to in the application b. whether such special circumstances or conditions are pre-existing and not created by the owner or applicant c. whether the proposed sign will detrimentally alter the character of the building, property or area, and d. whether the general intent and purpose of the Sign By-law is maintained 10.3 The Director's approval authority does not apply to the following sections of the Sign By-law: a. Table 1 —Signs Allowed by Property Use b. Table 4—Maximum Height c. All Sign By-law provisions with regards to Mobile Signs and Mobile Election Signs d. All provisions with regards to Mobile Signs that are not subject to site plan approval i i 10.4 An application for a variance from one or more of the requirements in this Sign By-law shall be made by an owner, or authorized representative of an owner, of the property on which the sign is to be erected. 10.5 A variance application shall be filed with the Municipality for consideration by the Director. 10.7 Every variance application shall include the required plans and information as the Director deems necessary for consideration of the variance application. Each variance application shall include a justification of why the provisions of the Sign By-law cannot be compiled with. 10.8 The Director may approve or refuse any variance application and may impose conditions upon an approval as deemed appropriate. 10.9 Should the Director refuse a variance application the property owner, or authorized representative of the owner, may file an application with the Municipality for an amendment to the Sign By-law for consideration by Council. Section 10 is renumbered to Section 11, Section 11 to 12, and Section 12 to 13. BY-LAW read a first time this day of 2011 BY-LAW read a second time this day of 2011 BY-LAW read a third time and finally passed this day of 2011 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk I �, I