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HomeMy WebLinkAboutPD-037-01 .. , DN: P037"'()1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# 7075/ Res. #01110111-0 / Date: Monday, April 23, 2001 Report #: PD-037-0l FILE #: PLN 8.13 By-law # Subject: REQUEST FOR AUTHORIZATION TO ADVERTISE PUBLIC NOTICE TO AMEND SIGN BY-LAW 97-157 FILE NO.: PLN 8.13 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-037-0l be received; and 2. THAT Council authorize notification in local newspapers of Council's intention to amend Sign By-law 97-157. 1. BACKGROUND 1.1 The Sign By-law contains provisions regarding the number, location, siting and permitting oftemporary signs. Temporary signs are defined as any sign that is not permanently affixed to any structure, or the ground, and used to advertise an activity or event that is transitory or impermanent in nature. For the purposes of the Sigu By-law, mobile signs are deemed to be temporary signs. Mobile signs are usually affixed to a trailer in order to facilitate their movement from place to place. 601 '. REPORT NO.: PD-037-01 PAGE 2 1.2 Only one (1) mobile sign is permitted on any property at anyone time, with the exception of community facilities which may be permitted two (2) mobile signs. Mobile signs are not permitted within the historic downtown areas, or on lands used for an Adult Entertainment establishment. 1.3 A permit for a mobile sign is good for 60 days after which the sign must be removed within 48 hours. Another temporary permit will not be issued until 28 days have lapsed from the expiration date of the previous sign permit. This allows a business to have up to a maximum of four (4) mobile sign permits within one year. The application fee for any temporary sign permit is currently $10.00. 1.4 The Municipality may remove any sign that does not comply with the provisions of the By-law (Section 5.8) and store these signs for 30 days. If a sign is not retrieved within 30 days, the Municipality may proceed to destroy or dispose of the sign and may recover any costs for removal, destruction or disposal of the sign through municipal taxes. An owner may retrieve the sign from the Municipality for a fee of $50.00, whichever is greater. 2. THE PROBLEM 2.1 Over the past few years, there have been a number of problems with regulating mobile signs: i) Most temporary signs are placed on-site without a permit. The proliferation of mobile signs has coincided with new commercial developments along King Street/Highway 2. Very few tenants are obtaining permits for these signs. Letters have been sent to the owners of commercial facilities informing them of municipal regulations and requesting them to notify their tenants. There continues to be a disregard of the Sign By-law. By-law Enforcement Division is currently taking steps to address this issue. 602 ". , REPORT NO.: PD-037-01 PAGE 3 ii) Once placed on site, most mobile signs are not removed. The purpose of allowing temporary signs is to "advertise an event or activity that is transitory or impermanent in nature". For a store, the purpose is usually to announce its opening or significant change. It is not intended to promote every new sale or promotion. There is a need to clarify the use of mobile signs. There is also the need to ensure that the signs are removed as required with the minimum of administrative effort and costs. iii) Application fees do not reflect administrative costs. When By-law 97-157 was first introduced, application fees were kept low so as not to discourage people from following proper procedures and making application to the Municipality. Given the low level of compliance, this is obviously not working. 3. PROPOSED AMENDMENTS 3.1 Removal Deposit Staff are considering charging a deposit to ensure the removal of temporary signs including mobile signs. The deposit would only apply to temporary signs and would be paid upon submission of an application for a sign permit. The applicant would receive the deposit back in full when it has been confirmed by the applicant to the satisfaction of staff that the sigu has been removed before the sign permit expires. Staff would make a site inspection to ensure that the sign has been removed. If the sign is not removed prior to the 60 days, the deposit will not be refunded. Mobile signs can be rented for a day, week or month or they can be purchased. Purchasing could cost $3,000.00 for a new sign or $700.00 to $1,500.00 for a used sign depending on size and condition. Cost to rent a sign can be $30.00 a day, $50.00 a week or $75.00 to $125.00 a month. 603 ~ REPORT NO.: PD-037-01 PAGE 4 It is recommended that a "removal" deposit of $250.00 be applied. The removal deposit would encourage compliance and assist in covering administrative costs associated with enforcing the by-law. 3.2 Increase in Fees Staff recently surveyed 12 municipalities within the Greater Toronto Area (Attachment I). This informal survey revealed that Clarington has the lowest permit fees. Of the surveyed municipalities, the lowest fee charged for a temporary sign is $25.00. In addition to the deposit fee, it is recommended the sign permit fees be increased to bring the fees into line with other municipalities and to help recover the cost of Staff time required in dealing with sign permits. Staff time associated with mobile signs is higher than a regular sign installation. It is recommended that sign permit fees for both temporary and permanent signs be increased to $30.00 for 2001, $35.00 for 2002 and $40.00 for 2003. 4. LEGISLATION 4.1 Chapter M.45, subsection 207 (146) of the Municipal Act sets out the provisions by which municipalities may regulate signs. This section of the Act states that municipalities may pass by-laws that fix fees for the issuance of permits. The legislation also speaks to the fact that a by-law may authorize the pulling down or removal, at the expense of the owner, any sign which is displayed in contravention to the By-law. In order to meet the intent of the Municipal Act, a notice must be placed in the local newspapers at least 14 days prior to Council considering the proposed amendment to the By-law. 6G4 c. REPORT NO.: PD-037-01 PAGE 5 5. RECOMMENDATION It is recommended that Council authorize the placing of a notice in the local newspapers of Council's intention to amend the Sign By-law. Respectfully submitted, Reviewed by, () ~1Q~lA.J"L.. Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. David J. rome, M.C.I.P., RP.P. Director of Planning & Development HB*BN*DC*df 17 April 2001 605 . , ATTACHMENT 1 Comparison of Fees Temporary Signs Municipality Application Fee for 2 Deposit Comments Months display period Required Oshawa $25.00 No Charge $50.00 for 120 days Whitby $75.00 No Ajax $25.00 No Pickering $100.00 No Charge $150.00 for 3 months Brampton $100.00 No Mississauga $180.00 No Charge $25.00 for 7 days, $60.00 for 21 days Oakvill e $60.00 No Charge $15.00 for 15 days Hamilton $140.00 No Charge $35.00 for 2 weeks Burlington $140.00 No Charge $35.00 for every 15 days Cobourg $40.00 No Charge $20.00 for every 4 weeks Vaughan $150.00 No Charge $75.00 per month Markham $200.00 No Charge $50.00 for 15 days and $100.00 for 30 days 606