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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 i SUBJECT: TOWN OF NEWCASTLE BY-LAW 76-25 SIGN BY-LAW i 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. I I . ..2 `t 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. . ..3 SJ REPORT NO. : PD-159-84 Page 3 i 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 I 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 . ..4 I 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, lz 44V �l 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 q5/' P/P ,vy/ /vdLY Fr2 E F�cL -e ScJP'::beT5 -Ty t r i► M o :1,57 to- 5 KILOMETRES AHEAD a O - OESc�f.(M/M0. 6o 6&/ LOUTIpr MTE OESIG"E���✓ll� O�Fi"- May zz .11 11ErtSgN JOB Na - NEON PRODUCTS LTD. PLOTPLAN r FIF! H WHEEL p, -GARD B-M, mill, i LOCATION � J 2 J ! LOT 24 ANDREW DANO TRUSTEES OF I RALPH M, MILLS — THE OANO DONALD S. MfLLS_ FAMILY TRUST I INST No. N 42459 I I I 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 rl { 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 i 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