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HomeMy WebLinkAboutPD-91-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: SIGN.GPA REPORT General Purpose and Administration Committee 1, Meeting: File # Date: Monday, July 7, 1997 Res. # Report #: PD -91 -97 File #: PLN 8.11 By -law # Subject: SIGN BY -LAW FILE: PLN 8.11 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -91 -97 be received; 2. THAT the attached By -law regulating the erection, placement, maintenance and display of signs be approved; and 3. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 In, October 1997 staff forwarded a report (PD- 139 -96) requesting Council authorization to place notice in local newspapers advising of the Municipality's intent to pass a new Sign By -law. Council gave authorization to proceed and suggested that we send copies of the draft by -law to the local BIA's and the local Chambers of Commerce and the Oshawa - Durham Home Builders' Association. 1.2 We have provided copies of the draft by -law to the local BIA's, local Chamber of Commerce and the Oshawa Durham Home Builders' Association as well as sign companies and the Sign Association of Canada. Their comments are summarized in Section 6 of this report. REPORT NO. PD -91 -97 PAGE 4 3.5 Signage Requirements for Heritage Resource Areas ,1 In recognition of the historical nature of the three B.I.A. areas, the new by -law identifies these areas as "Heritage Resource Areas" as shown on Schedule 1 to the by -law. The regulations require signage to be compatible and sympathetic to the architectural features of historic buildings as well as requiring signage to reflect the historic nature of the areas. If signage is treated with an historic flair, then the whole streetscape can blend together and make a more aesthetic and pleasing streetscape. Within the Heritage Resource Areas, the new by -law would also prohibit mobile signs. This request originates from the Bowmanville B.I.A. and staff agree that mobile signs do not belong in the historical downtowns. Accordingly this prohibition is in place for all B.I.A. areas. These matters have been discussed and reviewed with representatives of the three (3) B.I.A.'s who concur with the proposed restrictions. 3.6 Variance Through Site Plan The new by -law retains the previous Section that would allow the by -law to be altered through site plan approval. This provision has been invaluable in the past, allowing signage to reflect the architectural style of buildings and providing some flexibility whereby signs can be designed and incorporated to complement the site. Regardless of whether or not a sign is approved through the site plan process, a sign permit must be applied for and all associated permit fees are applicable. 3.7 Fees The old by -law based permit fees on the square footage of the sign to be installed. This is dated in that imperial rather than the metric system is being used, and it has been somewhat onerous to administer as the fee is different for every sign. Staff REPORT NO. PD -91 -97 PAGE 5 conducted a survey of municipalities to determine sign permit fees. Permit fees varied widely with some municipalities having flat fees and some imposing fees based upon signage size. Those municipalities imposing flat fees ranged from $25.00 to $100.00 per sign. Staff have proposed a flat fee of $25.00 for a permanent sign, regardless of size with a fee capped at a maximum of $1, 00.00 per site. In other words in situations where there are more than 4 signs being proposed simultaneously on the site, only $100.00 will be charged. Temporary signs will be charged $10.00 per sign, which is lower than the fees charged in other municipalities. It is important to note that certain types of signs are exempt from the fees. These are real estate signs, election signs, promotional construction directional signs, community service signs, personal signs or a sign having a sign area of less than 0.2 m2. 3.8 Legal Non - Conforming and Legal Non - Complying The new sign by -law has a grandfather provision recognizing all legal signs. However, if an existing legal sign ceases to continue, this grandfathering clause is no longer applicable. In order to resurrect a previously existing sign, a permit will have to be applied for and all provisions of the new by -law shall be adhered to. Temporary signs, including mobile signs, are excluded from this grandfathering provision. Once passage of this by -law is complete, all temporary signs not issued a permit will be illegal. 3.9 Removal of Contravening Signs Provisions in the old By -law 76 -25 allows the Municipality to remove contravening signs, but did not provide for the Municipality to recover the cost of removal. The REPORT NO. PD -91 -97 PAGE 6 new by -law now provides for this. In addition, the new by -law has a provision which states that after the Municipality has stored a sign for more than 30 days, we may dispose of the sign accordingly, if it has not been retrieved. The following briefly describes some new regulations proposed within the new sign by -law. 4.1 New Definitions The definition section has been elaborated upon with new definitions to cover "Billboard Sign ", "Canopy Sign ", "Electronic Media Sign ", "Inflatable Sign ", "Personal Sign ", "Portable Sign ", "Progressive Sign ", "Promotional Construction Sign ", "Pylon Sign" and "Vehicle/Trailer Sign ". These new definitions reflect the changing character of advertising, bringing the by -law up to date. 4.2 Temporary Signs The old by -law allows temporary signs to be erected for a maximum of 90 days. Permits are required for temporary signs, although applications are rarely made. The number of temporary signs per business is currently unlimited. These lax provisions have led to a proliferation of temporary signs resulting in the creation of a cluttered and unaesthetic urban streetscape. In an attempt to reduce the clutter of signs along the streets, a number of changes are proposed. • Table B of the new by -law specifies the number of signs permitted per business /property. The number of allowable temporary signs vary depending on type and usage. • Permits for temporary signs are required. A permit will expire within 60 days of issuance. Only 4 permits for temporary signs may be issued per REPORT NO. PD -91 -97 PAGE 7 business per year. Before renewal, 28 days must lapse before another temporary permit is issued. The new by -law will not grandfather existing temporary signs. As such, all existing temporary signs which do not possess a permit, is still illegal. In combination, these new provisions shall make regulation and enforcement of temporary signs easier. It should result in the reduction of the number of temporary signs on our streetscape. 4.3 Mobile and Portable Signs The old by -law does not distinguish between portable and mobile signs. However permits are required for both Mobile and Portable signs although few have applied for permits. As the Municipality only enforces the Sign By -law on complaint basis, and given there have been few complaints, these signs have proliferated across the Municipality, creating a very unattractive streetscape. The new by -law proposes: a) mobile signs be treated as temporary signs and therefore would be subject to a maximum of four (4) permits per year with each permit lasting only sixty (60) days. b) total prohibition of mobile signs in the Heritage Resource Area, as stated in Section 3.5 of this Report. 4.4 Election Signs Under the old by -law, election signs are only defined but this by -law lacked detailed regulations. REPORT NO. PD -91 -97 PAGE 8 i The new by -law provides specific regulations with respect to Election Signs. Within � the context of this new by -law, election signs: are exempted from permit and fee requirements are permitted on any private lands regardless of use and zoning are permitted within the street allowance, except in sight triangles, provided they do not cause a hazard to pedestrians or traffic. have a maximum size of 3.0 m2 (32 sq. ft.) • can be unlimited on a property • may only be erected for a period of 6 weeks (42 days) immediately preceding the day before polling day • must be removed within 48 hours after election day 4.5 Off -Site Directional Signs The old by -law allows 2 off -site directional signs per business with the sign having a maximum size of 3.5 m2. The new sign by -law allows only 1 off -site directional sign per business with a maximum size of 1.5 m2. Off -site directional signs are permitted on lands used for Industrial, Commercial or Agricultural purposes. Reduction of allowable off -site directional signs will help to avoid domination of the streetscape by these signs. 4.6 Home Builders and Renovators Signage Discussion with the Home Builders Association resulted in the following changes: The new sign by -law provides new terminology for home builders signs. They are termed "Promotional Construction Signs ". This new definition now includes the traditional new home builders advertising sign and home renovators and contractors. REPORT NO. PD -91 -97 PAGE 9 The new by -law further identifies "Promotional Construction Directional Signs" which are typically the A -Board signs directing people to the sales trailer /model homes. These signs have been given exemption from.the permit requirements and there is no limit to the number of signs permitted. There is however a provision in the by -law which states that these signs may be erected on the street allowance, but no closer than 1 metre to the curb or where there is no curb, 3 metres from the travelled portion of the street. The signs may be displayed on Saturdays and Sundays and they must be removed by 8:00 a.m. Monday. 5. NOTICE REQUIREMENTS 5.1 The requirement for providing notice when considering a sign by -law is contained within the Municipal Act. The Act states that before passing a sign by -law, notice must be published once, at least fourteen days prior to the Council Meeting in which the new by -law is to be adopted. Notice was placed within the Canadian Statesman, Clarington Independent, Orono Times, Courtice News and Clarington This Week during the week of June 16th, 1997. 6. AGENCY COMMENTS 6.1 The new by -law was circulated to departments and divisions within the, Municipality of Clarington such as the Works Department, Building Division and the By -law Enforcement Division.. We worked closely with these Departments and Divisions, particularly the traffic division. All Departments and Divisions are satisfied with the new by -law. 6.2 The new by -law was also circulated to local sign companies, the Sign Association of Canada, local B.I.A.'s, local Chambers of Commerce, and the Oshawa - Durham Home Builders' Association. REPORT NO. PD -91 -97 PAGE 10 6.3 The Oshawa - Durham Home Builders' Association provided comments with respect to weekend directional signs (Promotional Construction Directional Signs). They requested that they be removed by Monday noon rather than Sunday night. We have reconciled this issue, stating in the by -law that they shall be removed by Monday 8:00 a.m. We also increased the size of the sign from 0.55 m2 to 0.72 m2 as per their request. They asked that a time frame be incorporated setting out the amount of time required to review an application for a sign permit. We advised that this would not be acceptable as the length of time needed to review a sign permit is directly proportional to the complexity of the sign and sign structure. They also requested an exemption of the permit fee for mobile signs. The new by- law exempts the directional signs from a permit fee, however we are not prepared to exempt mobile signs from the permit fee. The permit fee for such temporary sign is $10.00. and is not considered onerous. 6.4 The Sign Association of Canada requested that electronic media signs be permitted on pylon signs. Staff believe that this is unacceptable and that allowing these types of signs other than time /temperature information on pylon or ground signs would not be compatible with the existing characters of the small communities in Clarington. However, this type of sign is permissable as a wall or window sign. The Association also asked that the maximum sign size be increased for pylon signs, ground signs and wall signs. Staff have responded to them stating that this by -law calculates sign area based upon the area that the wording or symbols actually encompass. It does not include the display surface or the sign structure. As such, the maximum size provisions, taking into account the display surface, . more that satisfies their request for increased sign area. REPORT NO. PD -91 -97 PAGE 11 1 7. EXCEPTIONS 1` 7.1 During the final stages of the review of the sign by -law, two specific requests came in for signage which would not conform to the new sign by -law. a) 234 King Street East, Clarington Rehabilitation and Sports Injuries Clinic (Attachment No. 1) They have requested to erect a new identification sign on the property. However, the site is also leased by Frank Real Estate which has an existing pylon sign at the west side of the site. The new by- law as well as the old by -law do not permit more than one ground or pylon identification sign to be erected on a site. After due consideration, we recognize the existing Frank Real Estate pylon sign predates the old sign by -law and the Clinic will actually reduce the number of existing signage on the site. Therefore, staff are willing to recommend an exception to the new by -law to allow two (2) ground identification signs on one property. This is reflected in exception #1 in Section 4.4 of the new by -law. b) Orono B.I.A. They have requested that overhanging signs be permitted within the Heritage Resource Area as identified on Schedule 1 to this by -law (Attachment #2). The Orono B.I.A. state that overhanging signs were common in the early 20th century and that they are complimentary to the heritage qualities of the downtown. Staff have no objection to such a request. As a result, this exception has been included as the second exception listed in Section 4.4 of the by -law. 8. CONCLUSION 8.1 The current sign by -law is 20 years old and it has not been formally reviewed or revised since its inception. Many changes have occurred in the last 20 years with respect to advertising. For instance, advancements have been made in the sign REPORT NO. PD -91 -97 PAGE 12 industry whereby technological innovations have been incorporated (Electronic Media Signs). 8.2 Review of the sign by -law has revealed that a number of changes are necessary. There is a need for not only new definitions, but revision of existing definitions. There is also a need to better regulate signs, particularly temporary/mobile signs. 8.3 Staff hav6 forwarded the new sign by -law to various branches and departments within the Municipality for their comment. Several meetings and discussions were held with sign companies, the Home Builders Association and the local B.I.A.'s and we thank them for their input. Many of their suggestions and comments have been incorporated within the new by -law. 8.4 The new sign by -law provides a tool for the Municipality to control and regulate signs. It does not necessarily clean up any existing problems associated with proliferations of illegal signs. This would be a matter of enforcement which Council should consider at some future date. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development Reviewed by, W. H. Stockwell Chief Administrative Officer Attachment # 1 - Letter from Clarington Rehab and Sports Injuries Clinic Attachment # 2 - Letter from Orono B.I.A. Attachment # 3 - Sign By -law HB *FW *cc June 30, 1997 683 I REPORT NO. PD -91 -97 PAGE 13 Interested parties to be notified of Council and Committee's decision: Sign Association of Canada 7030 Woodbine Ave Suite 500 Markham, Ont. L3R 6G2 Attn: Elise Gagnon Oshawa - Durham Home Builders Association King Street Postal Outlet P.O. Box 26064 206 King Street East Oshawa, Ont. Li H 1 CO Ron Hooper Bowmanville B.I.A. Hooper's Jewellers Ltd., 39 King Street West Bowmanville, Ont. Li C 1 R2 Ron Hope Newcastle B.I.A. 24 King Street East Newcastle, Ont. Li B 1 H6 Murray Taylor Orono B.I.A. Box 489 Orono, Ont. LOB 1 MO Sid Catalano Gould Outdoor Advertising 2345 Yonge Street Suite 510 Toronto, Ont. M4P 2E5 Ed Leader Active Mobile Signs 176 Bruce Street Oshawa, Ont. Li H 1 R3 Bruce Singleton Sign -o -lite 6203 Nehtherhart Road Mississauga, Ont. L5T 1G5 Newcastle Chamber of Commerce John Muzik, Chairman 20 King St., W., Unit 6 Newcastle, Ont. L1 B 1 H7 Clarington Business Group c/o Ron Collis 177 Vail Meadows Cres Bowmanville, Ont. Li C 4T4 Oshawa, Clarington Commerce 50 Richmond Street East Oshawa, Ont. L1 G 7C7 Richard Halenda 915 Nelson Street Oshawa, Ont. Li H 5N7 Nancy Watt Mobile Add Canada Ltd., 2500 Industrial Street Burlington, Ont. L7P 1 A5 Chamber of Ron Cormier 4 -5 Bernard Street, Bowmanville, Ont. L1 C 2X4 Rebecca Evans Marianna Development 68 King Street East Bowmanville, Ont L1 C 3X2 Darlene Boyd 67 Barley Mill Cres Bowmanville, Ont. L1 C 4E9 Durham Region Real Estate Board B.Cail Maclean, C.E.O. 50 Richmond Street East Unit 14 Oshawa, Ont. Li G 7C7