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HomeMy WebLinkAboutP-63-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL 13, 1981. REPORT NO. : P-63-81 SUBJECT: Amendments - By-law 76-25, as amended Town of Newcastle Comprehensive Sign By-law File: 8.1.9 RECOMMENDATION: That the Planning and Development Committee recommend to Council the following: 1. That Report P-63-81 be received; and that 2. The attached amendment to By-law 76-25, as amended, be forwarded to Council for approval; and that 3. Staff be authorized to publish a public notice advising the public of the deadline for compliance with the pro- visions of By-law 76-25, as amended. BACKGROUND & COMMENTS: On May 3, 1976, Council of the Town of Newcastle passed By-law 76-25 being a Comprehensive Sign By-law approved pursuant to Section 354, s.s. 126, of the Municipal Act. In accordance with the provisions of Section 12, s.s. 6, of said By-law, all signs existing at the date of 0� 2 - passing thereof, which did not comply with the requirements of the By-law would be required to be brought into compliance with the By-law or removed on or before May 3, 1981. Accordingly, it would be appropriate for the Town to publish a public notice, in local newspapers, to advise the public of the dead- line for compliance with the provisions of the Sign By-law. - --- ------------in -adzlitinn,staff-have,--during--the -=rse--af--adm-i-nisteri-ng___-... __.__-. .. .__-. the By-law, noted a number of discrepancies and apparent inconsistencies which should be rectified. In that regard, staff have prepared a general amendment to the Sign By-law (attached) in order to correct existing deficiencies and improve the effectiveness of the By-law. Said amendment should be forwarded to Council for approval forthwith. Respectfully submitted, EP:TTE:lb D. N. Smith, �M.C.I.P. March 24, 1981 Director of Planning THE CORPORATION OF T11E TOWN OF NEWCASTLE By-law Number 81- 46 a By-law to amend By-law Number 76--25, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle DEEMS it advisable to amend By-law 76-25, as amended, of the _ __.__ .-. ___ ---- _ . -----_.. ___...-. _ ___... _ Corporation of the Town of. Newcastle. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 3 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting subsection (6) and by adding the following subsection (6) : "(6) "BUILDING BY-LAW" means the Ontario Building Code passed pursuant to the Building Code Act, R.S.O. 1974, Chapter 74, as amended, or a by-law passed by the Corporation of the Town of Newcastle pursuant to the Planning Act, R.S.O. i 1970, as amended, from time to time." 2. Section 3, subsection 11 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding thereto the following subsection (a) : "(a) "HOME OCCUPATION" means an occupation conducted for profit or gain within, and ancillary to a residential dwelling unit or an accessory building as may be permitted and further defined within the applicable zoning by-law." 2 - 3. Section 3 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by 'deleting subsection (16) and by adding the following subsection (16) : "(16) "SIGN AREA" means the area within the periphery of the entire display portion of a sign, and when the display porfion is an integral part of a building or other structure in that it is a part of the cladding thereof, or is composed of individually installed letters, numerals or other shapes, means the sum of the areas of each group- ing of letters, numerals or shapes that expresses a separate thought when the minimum number of horizontal and vertical lines are drawn tangent thereto. For the purpose of this By-law, any double-faced sign shall be deemed to have one face only provided both faces are identical, continguous and parallel, or diverging at an angle of not more than 15 degrees." 4. Section 3, subsection 18 of By-law 76--25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding thereto the following subsection (a) : "(a) "SIGN, DIRECTION" means a ground sign or wall sign which is located on a structure or lot for the _purpose_of___in-___________ dicating an entrance, exit, a department or an area." 5. Section 3, subsection 20 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is Hereby further amended 3 - by adding thereto the following subsection (a) : "(a) "SIGN, HOME OCCUPATION" means a ground sign or wall sign which is located on a structure or lot for the purpose of indicating the name and type of home occu- pational use." 6. Section 3, subsection 29 (d) of By-law 76-25, as amended, _ __._ .. __ ---_._ ------- -------___ _._ of the Corporation of the Town of Newcastle, is hereby further amended by changing the second word in the fourth line to the word "announcing". 7. Section 3, subsection 38 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by adding, following the words "means any" .the following words "restricted area". 8. Section 4 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting subsection (2) and by adding the following subsection (2) : "(2) EXEMPTION OF CERTAIN SIGNS The provisions of this By-law shall not apply to internal signs, public use signs or direction signs provided that in no case shall any direction sign exceed 6 square feet in area." 9. Section 4, subsection 6(b) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by changing the words "Section 4(7) (a) hereof" to read as follows "Section 4(6) (a) hereof". - 4 - 10. Section 5 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by adding the following subsection (3) : "(3) SPECIAL CONDITION AND SPECIAL PROVISION ZONES In cases where a Special Condition Zoning or Special Provision Zoning has been applied to an area, the pro- --vis-ii-ons- of- this Sign---By-law- applicable-to that -zoni-n g----- _ classification which most accurately reflects the uses permitted by that Special Condition or Special Provision Zoning shall apply." 11. Section 6, subsection (1) (a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by adding the following words "a home occupation sign". 12. Section 6, subsection (1) (b) of By-law 76-25, as amended, of the Corporation of the Toni of Newcastle is hereby further amended by adding the following words "a home occupation sign". 13. Section 6, subsection (2) (b) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by adding the following subsection (ix) : "(ix) home occupation signs -- 6 square feet" 14. Section 7, subsection (2) (a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting subsection (iv) and by adding the following subsection (iv) : "(iv) promotion signs - 1 for each 100 feet of lot frontage" - 5 - 15. Section 7, subsection (2)(a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding the following subsection (v) : "(v) other signs - no maximum" 16. Section 8, subsection (2) (a) (iv) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding, following the letters "HC" and before the letters "C3", the following letters "C2". 17. Section 8, subsection (2) (a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting subsection (vi) and by adding the following subsection (vi) : "(vi) promotion signs - l for each 100 feet of lot frontage." 18. Section 8, subsection (2) (a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding the following subsection (vii) : "(vii) other signs - no maximum." 19. Section 8, subsection (2) (b) (vi) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting the second paragraph and by adding the "--i-n the race of a wall—si-gn 30 °— qu re feet or '10% of the area of the wall or portion of a wall directly associated with each particular use, whichever is the greater, unless otherwise specified within an approved site plan agreement entered into pursuant to By-law 79-151, as amended." - 6 20. Section 9, subsection (2) (a) of By--law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting subsection (v) by adding the following subsection (v) : "(v) promotion signs - 1 for each 100 feet of lot frontage." 21. Section 9, subsection (2) (a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding the following subsection (vi) : "(vi) other signs - no maximum." 22. Section 9, subsection (2) (b) (v) of By--law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting the second paragraph and by adding the following: "--in the case of a wall sign 30 square feet or 10% of the area of the wall or portion of a wall directly associated with each particular use, whichever is the greater, unless otherwise specified within an approved site plan agreement entered into pursuant to By-law 79-151, as amended." 23. Section 10, subsection (2) (a) of By-law 76-•25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting subsection (iv) and by adding the following subsection (iv) : "(iv) promotion signs - 1. for each 100 feet of lot frontage" 7 - 24. Section 10, subsection (2)(a) of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by adding the following subsection (v) : "(v) other signs - no maximum." 25.* Section 11 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding thereto the following "SPECIAL CONDITION 2": "SPECIAL CONDITION 2 2.1 Defined Area The lands subject to the SPECIAL CONDITION comprises part of Lots 2 and 3, Block 2, Grant's Plan of the former Town of Bowmanville. 2.2 Permitted Signs In addition to the signs permitted by Section 10 of this By-law, and notwithstanding any other provisions of this By-law to the contrary, identification signs existing prior to the passing of this amending By-law shall be permitted within the "Defined Area". 26. Section 11 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding thereto the following "SPECIAL CONDITION 411: SPRCJ7A!__0nNTT)TTTnTT_A_ 4-1 Defined Area The lands subject to this SPECIAL CONDITION and designated "A-2" in Restricted Area Zoning By-law 1592 of the former Township of Clarke and comprise part of lots 33, 34 and 35, Concession 9, of the former Township of Clarke (Mosport Park) . 8 4.2 Permitted Signs In addition to the signs permitted by Section 10 of this By-law, and notwithstanding any other provisions of this By-law to the contrary, one or more signs each bearing the advertisement of a product, object, organ- ization, acitivity or event and each having a maximum -square f.e —s-tra-l-l—LTe-p-c-�-tte-d-wJ.-thtiy-- the "Defined Area"." 27. Section 11 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding thereto the following "SPECIAL CONDITION 5": "SPECIAL CONDITION 5 5.1 Defined Area The lands subject to this "SPECIAL CONDITION" comprise all of Blocks A, B, E and I according to a plan registered in the Registry Office as Number 698, and parts of lots 14, 15, 16, 17, 18, 19 and 20, according to J. A. Codd's Plan of the former Town of Bowmanville. 5.2 Permitted Signs In addition to the signs permitted by Section 8 of this By-law and notwithstanding any other provisions of this By-law to the contrary, a ground sign bearing the promotion of an event and having a maximum of two promotion signs per theatre establishment, regardless of the number of indi- vidual cinemas which are located therein, with each sign having a maximum sign area of 40 square feet, shall be per- mitted within the "Defined Area." 9 28. Section 12, subsection 3 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding following the words "display or repair", the following words "or cause to be erected, altered, displayed or repaired." 29. Section 12, subsection 3 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting the words "a temporary sign", and by adding following the words "a public use sign", the following words "a community service sign, a construction sign, an election sign, a real estate sign." 30. Section 12, subsection 4 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by adding following the words "display or repair", the following words "or cause to be erected, altered, displayed or repaired." 31. Section 12, subsection 4 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by deleting the words "a temporary sign", and by adding following the words "a public use sign", the following words "a community service sign, a construction sign, an election, a real estate sign." 32. Section 12, subsection 9 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle, is hereby further amended by changing the words "Summary Convictions Act" to the following words "Provincial Offenders Act". 10 - 33. This By-law shall come into effect on the date of the final passing hereof. BY-LAW READ a first time, this 21st day of April A.D. 1981. BY-LAW READ a second time, this 21st day of April A.D. 1981. BY-LAW READ a third time and finally passed, this 21St clay of April A.D. 1981. C.S. RICKARD, Mayor (seal) J.M. McILROY, Clerk