recommendation: planning and building report pb -29/12

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Planning and Building Department TO: Community Development Committee

SUBJECT: Sign By-law Review

Report Number: PB-29/12 File Number(s): 790-01

Report Date Ward(s) Affected: : March 26, 2012 1 2 3 4 5 6 All

Date to Committee: June 18, 2012 Date to Council: July 3, 2012

Recommendation: Approve the amendments to Sign by-law 34-2007 as outlined in Planning and Building Report PB-29/12, dated March 26, 2012.

Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility

The purpose of this report is to respond to the following staff direction: Direct the Director of Planning and Building to: 1. Review the current sign bylaw as it relates to portable signs in the Plains Road Corridor, 2. Look at the feasibility and appropriateness of reducing the permitted size of portable signs in the Plains Road Corridor to that of those permitted in the Downtown; 3 Provide for public consultation during this review; 4. Report back to the Community Development Committee in the 4th quarter of 2011. (Councillor Craven) (CD-5-11, March 7, 2011)

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

Background: The purpose of a sign by-law is to permit the effective use of signs as a means of communication, while encouraging signs, which are pleasing to the eye in terms of;

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• Colour, • Size, • Design, • Locations, which minimize the possibility of hazards to life or

property, • Locations which do not compromise traffic safety, • Locations which minimize the adverse impact on nearby

public and private property, • Enables the fair and consistent enforcement of detailed sign

regulations.

Regulations of signage are an important component of the City’s total planning and urban design program. To better understand the reasons for this review of the sign by-law, it is necessary to examine the local circumstances and planning objectives of the Plains Road Corridor. The Plains Road Corridor is 7 kilometres in length and contains several distinct sub-areas. To reflect that uniqueness, a by-law to designate an improvement area known as the Aldershot Business Community Improvement Area, 13- 2004 was approved by council in 2004 and that area is attached as Appendix “C”. In Report B-2/07, (attached as Appendix “B”) this Business Community Improvement Area contains specific sign provisions for that portion of the municipality. The provisions in these special sign districts differ from the general sign standards applicable across the municipality in response to localized characteristics.

Discussion: In November 2011, the planning and building department retained the services of planning consultant Martin Rendl Associates to assist with our review of the sign by-law and address the staff direction. Topics covered in this review included: Portable Signs/Sidewalk Signs Banner Signs Election Signs Sign Illumination Licensing of portable sign companies

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The focus of this report will be on portable signs/sidewalk signs, banner signs and elections signs. A more comprehensive Planning and Building report related to sign illumination, licensing of portable sign companies, the use of LED signs and digital banners will be presented to Committee in the fall of 2012 or early in 2013. Martin Rendl Associates and staff met with the Ward 1 Councillor, representatives of the Plains Road Village Vision Group and the Aldershot Business Community BIA to seek their input in this review and on the use of portable signs and sidewalk signs along Plains Road. One common concern expressed by the group is the inconsistency of styles and size of sidewalk signs. It was suggested that a standard style and size would soften the appearance of the multiple sidewalk signs along the streetscape. Concern was also expressed about the safety of sidewalk signs and the potential for signs to blow into the street in the way of traffic.

The use of portable signs along the Plains Road Corridor is more evident as the corridor changes from a four lane highway to a main street pedestrian corridor. Because of the prevalence of portable signs and concerns expressed by the Ward 1 Councillor about the use of portable signs, it is has become apparent that it is an appropriate time to review the use of portable signs along the Plains Road Corridor.

First and foremost, it is important that we are clear about what we mean when discussing portable signs and sidewalk signs. The current definitions are as follows:

CURRENT DEFINITIONS

PORTABLE SIGN means any sign specifically designed or intended to be readily moved from one location to another and which does not rely on a building or fixed concrete foundation for its structural support, and includes signs commonly known as an A-Frame or mobile signs.

SIDEWALK SIGN means a free standing sign located on but not permanently anchored in the ground. Without limiting the generality of the foregoing, this definition shall include signs commonly referred to as A-Frame, T-Frame, and sandwich board but shall not include any other sign defined in this By-law.

These two definitions are confusing and unclear as they both include A-frame signs. While many signs may be portable as in “readily moveable”, they are not the same. For us to better understand and apply regulations for each, these two definitions need to be amended as follows;

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PROPOSED AMENDED DEFINITIONS

PORTABLE SIGN means a sign not permanently affixed to the ground and designed in such a manner as to be capable of being moved from place to place but does not include a sidewalk sign;

SIDEWALK SIGN means a free standing sign erected on but not permanently anchored in the ground. Without limiting the generality of the foregoing, this definition shall include signs commonly referred to as A-frame, T-frame, sandwich boards and menu boards but shall not mean or include any other sign defined in this By-law.

PORTABLE SIGNS

All commercial and employment uses permitted under the Zoning By-law, may make use of a portable sign subject to specific regulations. Each tenant in a building or complex is permitted the use of a portable sign on a calendar year basis and is allowed three fifteen consecutive day increments. Properties having twenty four units or less are permitted not more than one portable sign at any one time. Properties having more than twenty four units are permitted a maximum of 2 portable signs at any one time. Certain types of signs in Burlington’s downtown and Aldershot Community Improvement Area (Plains Road corridor) are already subject to different sign regulations than other areas in Burlington. For example, the maximum size of a portable sign in Downtown Burlington is 1.5 m2 but 3.7 m2 elsewhere in Burlington, including the Aldershot Improvement Area. The reasons for this difference are mostly related to the pedestrian nature of the downtown core.

Example of a 1.5 m 2“Sidewalk sign”

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Example of a3.7m2 “Portable Sign

Many developments in the Plains Road corridor that are built closer to the street cannot accommodate a portable sign because of the lack of frontage. As a result merchants located in these developments use sidewalk signs in place of the traditional portable sign. This type of signage is more reflective of an urban pedestrian corridor. The Plains Road corridor is in the process of transforming from a highway corridor to a pedestrian oriented main street in line with the Plains Road Village Vision. As the corridor redevelops and more developments are built at the street, the number of portable signs will decrease and the use of sidewalk signs will increase. However, in the interim strip plazas where the buildings set far back from the street rely heavily on the use of portable signs in addition to sidewalk signs. But, it must be recognized that traditional plazas with buildings setback far from the street will continue to need the use of portable signs. The following chart outlines the existing regulations for portable signs within the downtown and Aldershot corridor:

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Portable Sign Downtown Aldershot and remainder of city

Total permitted sign area per face 1.5m2 3.7m2 No one dimension greater than 1.5m2 2.4m A portable sign shall have a maximum height measured from grade not greater than

1.2m 2.4m

Permit required Yes – 3 fifteen periods per year

Yes – 3 fifteen periods per year

In 2011 a total of 165 portable sign permits were issued along the Plains Road corridor. Based on the current regulations for portable signs there is only one property along Plains Road that can accommodate the use of two portable signs at any one time. While this may help alleviate the appearance of large sign clutter, there are a number of merchants who use sidewalk signs in additions to portable signs, which in turn creates the impression of excessive signage.

SIDEWALK SIGNS The following chart outlines the existing regulations for sidewalk signs within the downtown and Aldershot corridor:

Sidewalk Sign Downtown Aldershot Remainder of City

Total sign area per face 1.1m2 same No permitted No one dimension greater than 1.2m same No permitted At any one time not more than one sidewalk sign located in front of the premises it advertises or identifies

No permitted

No sidewalk sign shall have more than two faces

No permitted

A sidewalk sign shall be displayed only during the regular business hours

No permitted

Permit required No No No permitted

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Example of a 1.1 m2 “Sidewalk sign”

The sign by-law currently allows a tenant to use a portable sign and a sidewalk sign at the same time. This duplication of signage is excessive. It would be more appropriate to allow one or the other. It is recommended that when a tenant obtains a permit for a portable sign, the use of sidewalk sign would not be permitted.

REVIEW OF OTHER SIGN PROVISIONS

This review has also given staff the opportunity to examine other provisions of the sign by-law which the public or sign industry has identified as needing clarification and/or review.

- Banner Signs - Election Signs

BANNER SIGNS Under the current by-law “banner” means a sign composed of lightweight, flexible material such as cloth, plastic, canvas or other similar material.” The sign by-law currently limits the use of banner signs for charitable organizations only. These signs are considered incidental signs and do not require a permit subject to the following regulations:

“...a banner sign advertising a special event having a maximum material dimension of 5 m by 1m erected on fencing adjacent a street by a charitable

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organization and having permission of the property owner on which the fence is situated.”

The sign industry has approached staff about the use of banner signs suggesting the by-law is too restrictive. In a recent legal review of our sign by-law as it relates to banner signs it has been recommended that staff consider amending the by-law to allow banner signs on private property with restrictions to size, location and duration of display. Further, many businesses have expressed interest in the use of banner signs to advertise a grand opening prior to permanent signage being installed.

ELECTION SIGNS The sign by-law currently has no regulations regarding election signs other than they are not permitted on city property and can’t be erected prior to the issuance of writs for a provincial or federal election or six (6) weeks immediately proceeding the day of a municipal election. During election time, complaints are often received about the number of election signs on properties and more recently there have been concerns regarding the size of some election signs. The number of election signs on properties tends to be excessive on commercial properties along arterial corridors. The excessive use of election signs is seen as blight on the streetscape by some residents. Further, it

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is not uncommon to receive complaints about visibility being restricted at driveway entrances and exits at commercial properties, due to the placement of election signs.

Strategy/Process In preparation for this report nearby municipalities were surveyed on a number of sign issues, including portable signs, election signs and banner signs. The results of this survey are attached as part of Appendix “A”. It is apparent that there are a number of different methods to reflect the various community objectives. Below are the recommendations that have been highlighted throughout the report, taking into consideration best practices and the needs of the community.

PROPOSED AMENDMENTS

1. PORTABLE SIGNS

Amend the by-law so that the size of permitted portable sign is related to the distance from the building to the street. The maximum sign area of a portable sign shall not exceed l.5 m² and shall not

exceed a height of 1.2 m where the distance between the building and the street line is a maximum of 3.0 m.

The maximum sign area of a portable sign shall not exceed 2.4m² and shall not

exceed a height of 3.7m where the distance between the building and the street line is a minimum of 20.0m.

Although a smaller portable sign may not be appropriate for larger strip plazas, a smaller portable sign may be more appropriate for existing older developments having a limited landscape area at the street. The Plains Road corridor consists of a variety of developments including older strip plazas set closer to the street and smaller redeveloped residential properties with limited frontage. In these cases a smaller portable sign may serve well and will lessen the visual impact of portable signs along the corridor.

2. SIDEWALK SIGNS Amend the by-law to require sidewalk signs to be permitted only when a portable sign is not in use, thus eliminating excessive signage, and retain all other regulations under the current by-law.

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3. BANNER SIGNS Amend the by-law to permit the temporary use of banner signs on private property with restrictions on size, location and duration of display in keeping with the trend across a number of municipalities. A banner sign would only be permitted when a portable sign is not in use, have a 30 day permit and permit fee similar to that of a portable sign and comply with all other regulations of the sign by-law. A survey of surrounding municipalities indicate a trend toward allowing banners to be erected with certain conditions and fees; The Town of Oakville, The City of Hamilton and the Town of Halton Hills all permit banner signs with varying fees; Oakville-$30@15days, Hamilton-$75.00 @ 28 days and Halton Hills-$118.00 @60 days.

4. ELECTIONS SIGNS Amend the by-law to provide for a maximum size of 1.2 metres in sign area for election signs, with a section that any sign greater than 1.2m in sign area require a permit and comply with the regulations for the particular type of signs. In addition all candidates would be required to lodge a security deposit with the City of Burlington before any election sign is erected. The deposit would cover some of the costs of the increased enforcement and may act as a deterrent to those who may consider not complying with the regulations. Enforcement The City of Burlington has five by-law enforcement officers who enforce over 15 different by-laws, including the sign by-law. There is one officer dedicated to Ward 1 to enforce most of the by-laws within the ward, with the exception of parking. All by-law enforcement staff will generally work with local businesses to ensure they are aware of the sign by-law regulations and to assist them to comply. Some businesses may have slightly larger sidewalk signs than permitted under the by-law and some may have them in locations that are not permitted. With strict enforcement of the sign by-law, much of the perceived clutter will disappear, and allow for a more pleasing urban streetscape.

Financial Matters: An increase in revenue could be possible if permits are required for banner signs. It is difficult to determine an exact amount of increased revenue at this time, but the banner sign fee will be the same as a portable sign fee ($46.00).

Environmental Matters: Excessive signage, like litter and graffiti, can detract from the quality of the urban environment and from the limited green areas of the City. This by-law will have the

mailto:Hamilton-$75.00@28�

mailto:Hamilton-$75.00@28�

mailto:Hills%20-$118.00@60�

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effect through better management of reducing signage, especially portable and sidewalk signs.

Communication Matters:

On February 13th, 2012 two separate public meetings were held, one at City Hall and the other in the evening at Aldershot Arena about the proposed changes to the city’s municipal sign by-law, 34-2007. The meetings were attended by the sign industry, the business community, charitable organizations and area residents. A Sign By-law Review Questionnaire was handed out at both meetings and is attached as Appendix “D”. Comments received from both merchants and the sign industry suggests that because many commercial buildings are setback quite far from the street, the use of portable signs is necessary for exposure to the street. It was stated that the use of portable sign brings in business and is an essential and successful advertising tool. Any approved recommendations that will impact the residents and merchants in the city will be communicated through a various means, including City Talk, advertising in the local media, the City’s web page and with a communiqué on our front counter at City Hall.

Conclusion: The use of portable signs is still practical and necessary for a number of existing developments along Plains Road. However, a standard “one size fits all” approach may not be the most feasible solution. During our public consultation process a number of comments were made suggesting it will be a number of years before the corridor is substantially redeveloped. And in the interim existing business will continue to rely heavily on the use of portable signs for their advertising purposes. This report seeks a balance that would permit continued use of portable and sidewalk signs, subject to increased regulation that will manage and reduce their use. Respectfully submitted, Tracey Burrows Manager of By-law Enforcement and Licensing 905-335-7600 ext 7628

Notifications: (after Council decision)

Name Mailing or E-mail Address

Attendees of Public Meeting

Portable Sign Industry

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Approvals: *required

*Department

City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Council Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

recommendation: planning and building report pb -29/12

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