HomeMy WebLinkAboutPD-159-84 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF SEPTEMBER 17, 1984
REPORT NO. : PD-159-84
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SUBJECT: TOWN OF NEWCASTLE BY-LAW 76-25
SIGN BY-LAW
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-159-84 be received; and
2. That pursuant to Section 210, Subsection
144(a) of the Municipal Act , Staff proceed with
the publication of a notice in respect of the
proposed amendment to By-law 76-25 as contained
in Attachment #1 to Staff Report PD-159-84; and
3. That the applicant be so advised.
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REPORT NO. : PD-159-84 Page 2
BACKGROUND AND COMMENT:
In June, 1984, Staff were approached by a representative of
Neon Products Limited with respect to the erection of a
Billboard Sign advertising the Fifth Wheel Truck Stop in
Bowmanvi11e. The proposed sign is not permitted by the
Town' s Sign By-law, but would however, be permitted by
Ministry of Transportation and Communications regulations.
On September 6, 1984, Staff received submission of the
information required to properly review this request. At
the present point in time, By-law 76-25 restricts off-site
directional or identification signs to a maximum of two (2) ,
and provides a further restriction in respect of size
limiting same to 3.5 square metres. The sign proposed by
the Fifth Wheel Restaurant would have a sign area of 120
square metres. The sign is proposed to be located in Part
of Lot 25, Broken Front Concession, geographic Township of
Darlington and the property owner has confirmed, in writing ,
that this sign would be permitted by him on his property.
Staff note that for some time there has been a great deal of
confusion surrounding the overlapping jurisdiction of the
Town's Sign By-law and Ministry of Transportation and
Communications regulations. These regulations are
significantly more permissive than the Town of Newcastle
By-law 76-25 and would be applicabale to signs located on
lands abutting Provincial Highways. On the one hand, the
Town's By-law would prohibit billboards, and on the other
hand, the Ministry of Transportation and Communications
regulations would facilitate erection of such signs.
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REPORT NO. : PD-159-84 Page 3
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Council however, has the authority, through the provisions
of the Municipal Act, to regulate or prohibit signs on all
lands located within the corporate boundaries provided that
they do not reduce or mitigate any restrictions lawfully
imposed by a governmental authority having jurisdiction to
make such restrictions such as Ministry of Transportation
and Communications.
The applicant' s request , if granted, will establish a
precedent inasmuch as the Municipality must treat all
members of the public equitably. If it should be decided to
permit billboards subject to compliance with M.T.C.
regulations, this would open the door for other signs of
this size in other locations throughout the Municipality
abutting Provincial Highways . There would be little or no
control exercised by the Town. In addition, where the Town
proposes to regulate signs, such regulations must address
themselves to such matters as size, location, numbers,
construction, and other technical aspects, and may not cover
such matters as message content. The Town, therefore, could
not differentiate between signs advertising businesses
within the Town and those outside of the Town.
Inasmuch as Staff have no technical objection to the sign
proposed, and inasmuch as regulation of signs is primarily a
matter of Council policy, it would be appropriate for
Council to consider the request. If Council concurs with
same, a public notice of the time and location of the
Council meeting where Council proposes to amend By-law 76-25
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to facilitate this request would need to be advertised.
Staff note that recent changes to the Municipal Act now
require public notification in respect of Sign By-laws.
Council is required to provide notice of the proposed by-law
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REPORT NO. : PD-159-84 Page 4
and notice of the Council meeting at which the by-law is to
be discussed. Such notice should be published once at least
fourteen (14) days prior to the Council meeting, and any
person who indicates, prior to that meeting, that they wish
to be heard, shall be permitted such an opportunity. For
the Council 's benefit, Staff have prepared a by-law to amend
By-law 76-25 to give effect to the proposed change, and this
is included as Attachment No. 1 to this report.
Respectfull ub 'tted,
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T.T. Edwards, M.C. I.P.
Director of Planning
TTE*j i p
September 7, 1984
*Attach.
cc: Neon Products Limited
The Atria
22.55 Sheppard Avenue East
Suite W-315
WILLOWDALE, Ontario
MW 4Y1
ATTN: Mr. Patrick Meehan
Accounts Executive
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ANDREW DANO TRUSTEES OF
I RALPH M, MILLS — THE OANO
DONALD S. MfLLS_ FAMILY TRUST
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INST No. N 42459
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
September 7, 1984
Neon Products Limited
The Atria
2255 Sheppard Avenue East
Suite W-315
WILLOWDALE, Ontario
M2J 4Y1
ATTN: Mr. Patrick Meehan
Accounts Executive
Dear Sir:
RE: TOWN OF NEWCASTLE BY-LAW 76-25
SIGN BY-LAW
Please be advised that a Staff Report in respect of the above-
referenced subject matter is scheduled for consideration at
the Town' s General Purpose and Administration Committee
Meeting on
Date: September 17, 1984
Time 9:30 a.m.
P-Tae: Court Room 2, 132 Church St. , Bowmanville
If available at the time of writing, a draft copy of the Staff
Report has been included for your information. Otherwise ,
copies of the Report may be obtained by contacting the Town of
Newcastle Planning and Development Department at 2.63-2231 or
62.3-3379.
Should you wish to appear as a delegation in respect of this
item, arrangements should be made through the Town of
Newcastle Clerk's Department on or before twelve noon of the
Wednesday preceding the subject meeting. If, prior to the
scheduled meeting, the agenda is altered or this item is
rescheduled to a later meeting, we shall endeavour to keep you
advised.
I trust that this information will be of assistance and should
you have any questions, please do not hesitate to contact this
office.
Your i/� ly,
T.T. Edwards, M.C. I.P.
Director of Planning
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84-
being a By-law to amend By-law 76-25, of the Corporation of the
Town of the Town of Newcastle, being the Town of Newcastle
Comprehensive Sign By-law.
WHEREAS, an application has been received for an amendment to By-law
76-25 of the Town of Newcastle;
AND WHEREAS, the Municipal Act provides that Council of a municipal
Corporation may pass by-laws for prohibiting or regulating signs, or
other advertising devices;
AND WHEREAS, the Council of the Town of Newcastle deems it
appropriate to amend By-law 76-25;
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows:
1 ., Section 1 of By-law 76-25, Subsection 2(a) - Lands Subject to
By-law, is hereby amended by adding thereto the following words:
"Notwithstanding the foregoing, where lands within the corporate'
limits of the Town of Newcastle abut a Provincial Highway which
does not form a portion of a connecting link, as defined by the
Ministry of Transportation and Communications, and such lands
are not located within a residential area, a main central area
or a community central area as designated by an Official Plan in
effect for the Town of Newcastle, and where such lands are
subject to sign regulations established by the Ministry of
Transportation and Communications, the provisions of this by-law
shall not apply provided that a valid Sign Permit has been
issued by the Ministry of Transporation and Communications in
respect of any sign located or proposed to be located on such
lands, and further, provided that evidence of such permit is
provided to the Chief Building Official of the Corporation of
the Town of Newcastle."
2. This By-law shall come into effect on the date of passing
hereof.
BY-LAW read a first time this day of
1984
BY-LAW read a second time this day of
BY-LAW read a third time and finally passed this
day of 1984
1984
1
MAYOR
CLERK
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 84-
being a By-law to amend By-law 76-25, of the Corporation of the
Town of the Town of Newcastle, being the Town of Newcastle
Comprehensive Sign By-law.
WHEREAS, an application has been received for an amendment to By-law
76-25 of the Town of Newcastle;
AND WHEREAS, the Municipal Act provides that Council of a municipal
Corporation may pass by-laws for prohibiting or regulating signs, or
other advertising devices;
AND WHEREAS, the Council of the Town of Newcastle deems it
appropriate to amend By-law 76-25;
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle enacts as follows :
1 . Section 1 of By-law 76-25, Subsection 2(a) - Lands Subject to
By-law, is hereby amended by adding thereto the following words :
"Notwithstanding the foregoing, where lands within the corporate
limits of the Town of Newcastle abut a Provincial Highway which
does not form a portion of a connecting link, as defined by the
Ministry of Transportation and Communications, and such lands
are not located within a residential area, a main central area
or a community central area as designated by an Official Plan in
effect for the Town of Newcastle, and where such lands are
subject to sign regulations established by the Ministry of
Transportation and Communications, the provisions of this by-law
shall not apply provided that a valid Sign Permit has been
issued by the Ministry of Transporation and Communications in
respect of any sign located or proposed to be located on such
lands, and further, provided that evidence of such permit is
provided to the Chief Building Official of the Corporation of
the Town of Newcastle."
2. This By-law shall come into effect on the date of passing
hereof.
BY-LAW read a first time this day of 1984
BY-LAW read a second time this day of 1984
BY-LAW read a third time and finally passed this day of
1984
MAYOR
CLERK