HomeMy WebLinkAboutCSD-11-086 - Second Addendum to Sign By-lawStaff Re ort
I~TC~~nT~~ CommunrtySer~rcesDepar~ment
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD(S) INVOLVED:
DATE OF REPORT:
REPORT NO.:
SUBJECT:
RECOMMENDATION:
Mayor and Members of Council
June 27, 2011
Alain Pinard, Director of Planning
www.kitchenerca
Sheryl Rice, Development Technician (519-741-2844)
All Wards
June 22, 2011
CSD-11-086 (Addendum to CSD 11-036 and 11-081)
SIGN BY-LAW
CITY INITIATED HOUSEKEEPING CHANGES
CHAPTER 680 OF THE MUNICIPAL CODE
A. That the proposed new Sign By-law attached to CSD-11-036, to repeal and replace the
existing Sign By-law number 2007-170, be adopted, save and except the following which
shall provide that:
• the separation distance between Video Projection signs outlined in the new Sign
By-law be changed from the proposed 50 m to 100 m; and,
• the maximum area of a window that may be covered/blocked by a Window sign
shall remain at 50%; and,
• the separation distance between Portable signs and Ground Supported signs on
the same lot be corrected to state the existing separation regulation of 15 m
(Section 169 b); and further,
• the proposed new regulation, Section 114 (c), requiring that a Ground Supported
sign be located a minimum distance of 15 m from a Portable sign, be removed.
B. That the new Sign By-law be incorporated into The City of Kitchener Municipal Code;
and,
C. That the proposed new fee for Banner Signs and Inflatable Signs, be $71.00 which is in
line with the fee for Portables Signs, and that the fee be approved as a change to the
comprehensive schedule of fees and charges effective July 1, 2011; and further,
D. That Committee of Adjustment Decision SG 2010-026 - 105 King Street East / 11
Benton Street be amended in order that there be no expiry date for the Video Projection
Sign.
BACKGROUND:
Staff report CSD-11-036 was presented at the Planning and Strategic Initiatives (PSI)
Committee meeting of May 30th, 2011. Report CSD-11-036 recommended numerous
housekeeping changes to the existing Sign By-law that would be consolidated and incorporated
into a new Sign By-law. The PSI Committee recommended adoption of the by-law attached to
Report CSD-11-036 with two revisions which were noted in staff report CSD-11-081. At the
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Staff Re ort
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meeting of June 13, 2011, Council deferred making a decision to allow staff the opportunity to
address concerns raised by Mr. D. Lamka who appeared in delegation.
REPORT:
At the Council meeting of June 13t", 2011, D. Lamka, of A to Z Signs Limited, raised three
issues:
change to the minimum distance separation between Portable signs and Ground
Supported signs on the same lot from 25 metres to 15 metres;
concern with needing to have pinpoint accuracy so as to not incur a fine of up to $5,000;
and;
a request to have one Portable sign permit issued before a Certificate of Occupancy is
issued.
Change to distance separation
Mr. Lamka is correct that the By-law attached to Report CSD-11-036 changed the distance
separation between Portable signs and Ground Supported signs on the same lot from 25 metres
to 15 metres. The change was not intentional and is the result of a typographical error. The by-
law has been revised accordingly.
Concern with needing pinpoint accuracy and fines of up to $5,000
Mr. Lamka is concerned that pinpoint accuracy regarding distances from lot lines, or other signs
on the property, is required in order not to incur fines of up to $5,000. In response, By-law
Enforcement and Planning staff advise that they have worked with, and will continue to work
with, the sign industry regarding proper sign locations. The provisions in the proposed by-law
relating to sign removal and fines have been in the City's Sign By-laws for many years. By-law
Enforcement staff report very few instances where any type of sign was removed without notice.
This is especially true of portable signs. Except where there is an immediate safety concern,
sign owners are advised and given time to comply whenever there is a concern with respect to
Portable sign locations.
Further, it is normal practice to apply discretion with respect to measuring distances and to
proceed with enforcement only when the distance separations are deemed to be beyond what
should be tolerated. In such an instance, staff ensure that proper notification is given, with time
to comply, except where an immediate safety concern is identified. Staff have historically taken
a reasonable approach, and in continuing to do so, they do not foresee new enforcement issues
arising.
Sign Permit before Certificate of Occupancy
Mr. Lamka, requested that the City continue to allow the issuance of one portable sign permit
before a Certificate of Occupancy is issued. This has been staff's informal practice in the past
as there was no regulation in the by-law to enforce this requirement. However, staff want to
discontinue this practice and they are not in support of removing this regulation from the
proposed by-law. A Certificate of Occupancy is a requirement of the City's Zoning By-law and it
ensures that a use or business is permitted to operate at a specific location and complies with
the by-law. Section 251 has been included in the Sign By-law for clarity purposes and to ensure
that business owners are aware of the Zoning By-law requirement fora Certificate of
Occupancy. This requirement protects the business owner and ensures that their use complies
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Staff Re ort
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before any signage is displayed. A Certificate of Occupancy generally takes 2 - 3 weeks to
process. However, staff will give priority to applications received as a result of any sign permit
application.
Other
As a consequence of Mr Lamka's comments, staff have reviewed the proposed by-law for any
other errors and it is noted that one additional change must be made. Proposed Section 114 (c)
in the Ground Supported sign section is redundant and staff are recommending that it be
removed.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The Sign By-law aligns with the Quality of Life community priority by encouraging attractive and
safe signage that enhances streetscapes.
FINANCIAL IMPLICATIONS:
The new fees and enhanced enforcement are expected to have a positive impact on revenues.
Bylaw Enforcement workload impacts will be examined as part of a broader service level review
that will be presented to Council at a later date.
COMMUNITY ENGAGEMENT:
As noted in Report CSD-11-036 there was ample opportunity for stakeholders and the
community at large to provide input on the proposed changes to the Sign By-law. As far as
communication with the delegate, staff have gone to great lengths to communicate and work
with Mr. Lamka. This included phone conversations and emails since the public information
meeting of April 13t", 2011. As well, Mr. Lamka met with the Supervisor of Site Development on
the day of the Council meeting of June 13t", 2011 and advised that he had no concerns with the
proposed by-law and he did not question the typographical error contained in the portable sign
section of the proposed by-law. If Mr. Lamka had advised of concerns with the distance
separation change prior to the Committee and Council meetings, staff would have corrected the
typographical error previously.
CONCLUSION:
The proposed sign by-law changes will clarify existing regulations and also provide more
flexibility for sign options to the business community and continue to allow for active
enforcement of the signs that do not comply with the by-law. The proposed sign by-law
incorporates the revisions recommended by the PSI Committee and corrects the typographical
error identified by Mr. Lamka.
REVIEWED BY:
Brian Page, Supervisor of Site Development
ACKNOWLEDGED BY: Jeff ~Ilmer, Deputy CAO
Community Services Department
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