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HomeMy WebLinkAboutPD-139-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: SIGNI.GPA REPORT Meeting: General Purpose and Administration Committee File # _1& % , CrL_ Date: Monday, October 21, 1996 Res. _% Subject: FILE: PLN 8.10 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 139 -96 be received; and, 2. THAT Council authorize notification in local newspapers of Council's intention to pass a Sign By -law. 1.1 BACKGROUND 1.1.1 The current Sign By -law is 20 years old and it has not been substantially revised since its inception. Many changes have occurred in the last 20 years with respect to advertising. For instance, technological advancements and innovations have been made in the sign industry such as the Electronic Media Sign. 1.1.2 On February 25, 1991, Council approved Recommendation # GPA- 136 -91 which stated: "THAT Staff review the Sign By -law and submit a report for consideration by the General Purpose and Administration Committee." Due to constraints on Staff time and the Department's predisposition to put all available Staff time and effort into the Official Plan review, preparation of a new Sign By -law was put on hold. Staff have now completed our review and have 6 OJ •e-. ,M .M . copies of the Draft Sign By -law to various sign companies and interested parties for their comment. The purpose of this report is to inform Council that Staff have gone forward with the review of the Sign By -law and have prepared a Draft Sign By -law. Through our review of the Current Sign By -law, a number of deficiencies became apparent. Staff have proposed changes to rectify these deficiencies. The proposed changes are highlighted in Section 2, and key provisions of the by -law are detailed in Section 3 of this Report. A draft of the proposed By -law has been forwarded to Council under separate cover. 1.3 PROCESS 1.3.1 Staff have forwarded the proposed Sign By -law to various branches and departments within the Municipality for their comment. Many of the suggestions and comments have been incorporated within the proposed By -law. We also forwarded copies to the proposed Sign By -law to the local B.I.A.'s and to a number of sign companies and sign associations. One sign company (Active Mobile Signs), has responded verbally to our Proposed By -law. The company representative stated that the By -law was fair. A representative from the Canadian Sign Association also stated that the By -law was good, but some clarification is needed in Tables A, B, and C. Incorporation of their comments will be considered. We are awaiting responses from the other sign companies /associations and the local B.I.A.'s. 1.3.2 Prior to Council adopting a Sign By -law, the Municipal Act requires that notice be placed in a local newspaper at least 14 days before Council . J considers the By -law. Staff anticipate forwarding the proposed Sign By -law for Council's consideration and approval before the end of the year. The following section briefly describes either new elements within the proposed Sign By -law, or aspects where the proposed Sign By -law varies significantly from the current Sign By -law. The most noticeable difference between the two By -laws is format. By -law 76 -25 is over 42 pages in length. The proposed By -law is 19 pages long. Much of this reduction was accomplished by consolidating the sign requirements into a chart format. This makes the document not only considerably briefer, but easier to read and understand. 2.1 New Provisions 2.1.1 New Definitions The definition section has been elaborated upon with new definitions to cover "Billboard Sign ", "Canopy Sign ", "Electronic Media Sign ", "Inflatable Sign ", "Mobile Sign ", "Personal Sign ", "Portable Sign ", "Progressive Sign ", "Pylon Sign" and "Vehicle /Trailer Sign ". These new definitions reflect the changing character of advertising, bringing the By -law up to date. 2.1.2 Temporary Signs .::.:..:;::. ... g' "`` > >': a�rrs:'br Cer1tN1::?dift::1�1 f..i11 T r�mr::.::..:.: da s .: :..:.... ...::.....:........:.......:.:.:.................................. ............................... us f p t y /aw time # 60 days far ©u�srvr�s for renQwatr limits nt M _.... ............................................................................. ...........................:... W . 0 a 0 • D • The current By -law allows temporary signs to be erected for a maximum of 90 days. Permits are required for temporary signs, however applications are rarely made and permits rarely issued. The number of temporary signs per business is unlimited. These 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. temporary signs have been classified as Community Service Sign, Construction Sign, Election Sign, Mobile Sign, Personal Sign, Promotion Sign and Real Estate Sign. Table B of the proposed By -law specifies the number of signs permitted per business /property • 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 business per year. Before renewal, 28 days must lapse before another temporary permit is issued. This 28 day timeframe lends some authenticity to the concept of a temporary sign. The proposed By -law will not grandfather existing temporary signs. As such, all existing temporary signs which do not possess a permit, will be illegal. In combination, these new provisions will make regulation and enforcement of temporary signs easier, and will provide the municipality with better control over temporary signs and ultimately improve the appearance of our streetscapes. we 2.1.3 Mobile and Portable Signs The current By -law does not distinguish between mobile and portable signs. This new By -law defines mobile and portable Signs. The distinguishing features between mobile and portable signs are 1) that mobile signs are only permitted as a temporary sign and 2) that mobile signs must have a minimum width greater than 1 metre and a minimum height greater than 1.2 metres. By virtue of this definition, the common mobile signs are those which are predominantly found along roads dominated by commercial enterprises. The excessive numbers of these signs and their haphazard location on properties, create a very unaesthetic streetscape, making the street appear messy and cluttered, and occasionally obstructing the views of motorists. The Proposed By -law only allows mobile signs as temporary signs, hence the intervals that they are displayed will be regulated. The new By -law also regulates the number of signs permitted per lot. By allowing mobile signs as only temporary signs, and by limiting the number of signs permitted, the municipality is better able to regulate these signs. Portable signs must be smaller than 1 metre wide and 1.2 metres high. Portable signs may be permitted to be a permanent sign. Common portable signs would be A- frame, T- frame, sandwich boards and menu boards. 2.1.4 Election Signs tt $ rl l tr< 1(Q a ulalrons d�reC. l ca!e lft� wrfh etecilor st n Under the current By -law, election signs are only defined, they were not directly addressed. They were treated as a temporary sign. In the past, there has been problems with the enforcement of election signs. The proposed By -law has specific provisions regarding the erection and removal of these signs, and the allotted time in which they may be displayed. In the proposed By -law, election signs are categorized as a temporary sign but are exempted from requiring the issuance of a permit. The current Sign By -law allows election signs to be erected up to 60 days preceding the polling date. A survey of other Municipalities reveals that many do not address election signs. However, those municipalities that do regulate them allow them to be erected 6 weeks prior to the polling day and removed within 48 hours of election day. We propose to follow the example set by these municipalities in that the proposed By -law allows them to be erected 6 weeks before the polling day, and removed within 48 hours of election day. 2.1.5 Off -Site Directional Signs ' nas B � w resfr�c irz er scret�n .. sh.nr ..g... The current By -law allows 2 off -site directional signs per business and allows 4 off -site directional signs to advertise new residential subdivisions. The proposed Sign By -law allows only 1 off -site directional sign per business. Reduction of 610 allowable off -site directional signs will help to avoid domination of the streetscape by these signs. 2.1.6 Signage Design J r rev r uision fvr i rya fv $corn 9.1 W. w i`h sc rrr crndi :;: ......:...:..:.:::.:..:::.. ::::::::::::::: ::::::::::::.::: ::.::. ::::::.:. : : : ::: ............... .:::: :::::...::..::::::::::::::::::. ......................................................................................................................................................................... ............................... The current By -law does not require signage to take into account site design, site amenities, landscaping or special features of a property. The proposed By -law has 2 provisions which promote compatibility with its surroundings. • "Heritage Resource Areas" have been identified on Schedule 1 to the By- law. Generally, these areas are the downtowns of Orono, Bowmanville and Newcastle. It is felt that these areas, due to their unique features and different architectural elements, are deserving of stricter regulations with respect to signage. The result being that the signage will be compatible with the historic nature of the areas, complementing the property on which the signage is erected. If signage is treated with an historic flair, then the whole streetscape will blend together and make a more aesthetic and pleasing streetscape. • A new provision has been included which addresses integration of signage with landscaping and plant material. This will ensure that signage fits into a site's physical landscape, being compatible with the features of the site. M 2.1.7 Fees ........... `<' :`allt The current Sign By -law based permit fees on the square footage of the sign to be installed. This is not only dated in that imperial rather than metric is being used, but it is somewhat onerous to administer as the fee is different for every sign. Staff 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 size. Those municipalities imposing flat fees ranged from $25.00 to $100.00 per sign. Local municipalities in Durham Region charge between $25.00 to $40.00, with the City of Oshawa basing their permit fee on size. Staff have proposed a flat fee of $25.00 per sign regardless of size or permanence of the sign. In other words, temporary signs are subject to the $25.00 fee. A maximum fee of $100.00 per application has been introduced. Therefore in those situations where there are more than 4 signs being proposed, only $100.00 will be charged. Provisions in By -law 76 -25 allows the municipality to remove contravening signs. The proposed By -law ensures that the Municipality is reimbursed for costs incurred through the removal of contravening signs. In addition, the proposed role] k • Staff have forwarded this report to advise Council that a draft Sign By -law has been prepared and has been circulated to a number of sign companies /associations for their comment including the local B.I.A.'s. Pending timely receipt of their comments, Staff hope to have the proposed Sign By -law before Council for adoption before the end of the year. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development HB *FW *df 9 October 1996 Attachment #1 - Sign By -law Attachment #2 - Sign Permit Application Reviewed by, W.H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Ed Leader Active Mobile Signs 176 Bruce Street OSHAWA, Ontario. L1 H 1R3 Sign - O - Lite 6203 Netherhart Road MISSISSAUGA, Ontario. L5T 1 G5 Attn: Bruce Singleton w '• ►• . FEIAW 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. 2.2.1 Exempt Signs As with the current By -law, certain signs are exempt from the provisions of the proposed By -law. The following signs have been exempted: • public use signs including signs erected by the Municipality, Region of Durham, or any government agency or board or authority established by a government; • no trespassing signs; • fire route signs; • safety or caution signs; • flags or emblems of patriotic, civic, educational or religious organizations; • commemorative plaques or cornerstones of a non - advertising nature. Other signs that are exempted from the By -law are those located within 400 metres of a Provincial Highway. It is the responsibility of the Ministry of Transportation to regulate signage within this area. As such, the Municipality does not have the jurisdictional authority to issue permits for these signs. 2.2.2 Prohibited Signs Like the current By -law, the proposed By -law continues to prohibit the following signs: overhanging signs roof signs -_.e.. .0 •M�f a sign with moving parts or a sign which uses flashing, animated or intermittent illumination, but excluding "Electronic Media Signs ". Staff have added 'Billboard Signs ", "Inflatable Signs ", and "Vehicle /Trailer Signs" as prohibited signs. In the past stationary "Vehicle /Trailer Signs" have been a problem for this Municipality. 2.2.3 Variance Through Site Plan The proposed By -law, like the 1976 By -law, retains the provision which allows for the variance to the By -law 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. 2.2.4 Legal Non - Conforming and Legal Non - Complying The proposed Sign By -law has a grandfather provision recognizing all existing signs that conform with the previous Sign By -law. However, if an existing sign is removed and a new sign is not erected within 6 months, 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 will apply. All existing temporary signs require a permit as the Proposed By -law does not grandfather existing temporary signs. If a temporary sign does not possess a permit, then the sign is deemed to be illegal. 614