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Home My WebLink AboutDSD-19-226 - Fence and Sign By-law Variance Process ReviewREPORT TO:Community and Infrastructure ServicesCommittee DATE OF MEETING: September 30, 2019 SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 WARD(S) INVOLVED:ALL DATE OF REPORT:September 5, 2019 REPORT NO.: DSD-19-226 SUBJECT:Fence and Sign By-law Variance Process Review RECOMMENDATION: THATthe processand feesfor reviewing and approving variances to the Fence By-law and Sign By-law be revised as outlined in Report DSD-19-226;and THATLegal Services staff be directed to prepare the necessary by-laws to amend Chapter 630, Article 13 of the Municipal Code (Fence By-law) and Chapter 680, Article 26 of the Municipal Code (Sign By-law) to reflect the revised variance processes;and further, THAT Legal Services staff bedirected to prepare the necessary by-laws to amend Chapters 375 and 380 of the Municipal Code to implement the new rates for Fence and Sign By-law variance requests. BACKGROUND: During the 2018 budget deliberations, Council directed Staff to review the fees for processing fence and sign by-law variances. In carrying out this review, it was found that Kitchener’s process for considering such variances is cumbersome and that a fee reduction can be supported if the process is streamlined. As a result, this report recommends a new process for reviewing and approving applications for variances to the fence and sign by-laws. The recommended process is more efficient, less cumbersome to administer, and less onerous and costly for applicants. If implemented, the fees would be reduced. REPORT: Introduction The fence and sign by-laws regulate the location and dimensions of fences and signs on private property. Municipalities have the authority to regulate fences and signs by by-law under the Municipal Act. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 7 - 1 Current Process Kitchener’s current process for considering variancesto the fence and sign by-lawsinvolves many stepsby staff and decision-makers. Each application requires the involvement of the Legislative Services Division, the Planning Division, the Committee of Adjustment and Kitchener City Council. Occasionally other divisions are also involved. For example, the Building Division reviews variance requests for sign types that may have Ontario Building Code implications, and Legal Services is involved in situations where there are property encroachments. In summary, the current processfor variances to both by-lawsis as follows: 1.Fenceand sign variance requests are considered by way of applications to the Committee of Adjustment(COA), which is administered by the Legislative Services Division. 2.Applicationsarereceived by Planning Division staff, checked for completeness and assigned to a file planner for review and preparation of a staff report. At this stage the application is also forwarded to Legislative Services for inclusion on the next COA agenda. Depending on the context, the Planning Division may consult other divisions in the corporation prior to finalizing the report. 3.The report is then considered by the COA, which makes a recommendation to Kitchener City Council. Unlike Planning Act matters where the Committee of Adjustment has an approval role, in the case of fence and sign by-law variances, they function as an advisory body. 4.Notice is given by way of newspaper advertisement and posting on the city’s website. 5.The process takes approximately eightweeks, and during the summer months, the process can take up to 12 weeks depending on the timing of the August Council meetingrelative to the July COA meeting. 6. The 2019 application fee is $1,165. 7.The vast majority of sign and fence by-law variance requests are approved without any concerns or objections. The City of Kitchener typically receives 15-25fence and sign by-law variance requestsper year. The table below summarizes the volume of requests in the last three years. Furthermore, the volume of sign variance requests is expected to decline considerably given recent changes to regulations for fences on corner lots. YearFence VariancesSignVariances 201687 2017318 2018515 Summary of Issues Processing Time The current process takes approximately 8 weeks.Committee of Adjustment applications must be received a minimum of 5 weeks in advance of a meeting, and a final approval is not 7 - 2 obtained until considered by Council the following week or later depending on the meeting schedules. Process is Confusing It is confusing to the many members of the community that the Committee of Adjustment is an approval body for some applications(applicationsunder the Planning Act) and an advisory body for variances to the fence and sign and by-laws under the Municipal Act. It is not typical to involve the Committee of Adjustment in the consideration of sign and fence by- law variancesunless the regulations are embedded in the zoning by-law(not the case in Kitchener), in which case the Committee of Adjustment has an approval role and the Local Planning Appeals Tribunal (LPAT) resolves appeals. Fees Some applicants have complained about the fees, especially for variances to the Fence By-law. While opposition to fees of any kind is not new, a comparison with other municipalities indicates that Kitchener fees are high for fence by-law variances and in the mid-range for sign by-law variances. Analysis Involvement of the Committee of Adjustment, whichincludes advertising notices of all variance applicationsin the newspaper,affects the processing timeline more than any other factor. Involvement of the Committee of Adjustmentalso contributes to operating costs and corresponding fees. There is nostatutory requirementto involve the Committee of Adjustment with fence and sign by-law variance requests, nor to give notice of these applicationsin the newspaper. Processes and procedures vary widely among municipalities. In the case of variances to fence by-laws there are too many variables for a summary in table form. However, based on staff research it would appear that Kitchener is the only municipality that requires fence bylaw variances to be considered by both the Committee of Adjustment and Council, and the only municipality to involve the Committee of Adjustment where fence regulations are not embedded in the Zoning By-law.Several municipalities delegate approval authority to staff if the fence regulations are not embedded in the Zoning By-law. A comparison of fence variance fees is provided below. Fence By-law Variance Fees CityFee ($) Waterloo589 Cambridge375 Guelph826 Kitchener1,165 7 - 3 In the case of Sign By-law variances, Kitchener is the only known Ontario municipality that involvesthe Committee of Adjustment. A summary of processes and fees is provided in the following table. Sign By-law Variances CityAdvisory Approval authorityFee ($)Appeal body body WaterlooNone Sign Variance Committee1,250Council GuelphNoneCommittee of the Whole 1,100COTW / Council CambridgeNoneStaff1,590Council HamiltonNoneDirector of Planning910Council LondonNoneChief Building Official700Hearings Officer MiltonNoneDirector of Planning & Dev.1,877Council BurlingtonNoneAsst. Dir of Planning&Dev.variableCouncil OakvilleNoneDir. of Municipal Enforcement 1588Appeals Committee KitchenerCofACouncil1,165Council Proposed Process and Fees – Fence By-law Variances The Planning Division would administer the process and the Director of Planning or one of the Managers would be delegated authority to approve Fence By-law variances where there are no objections. All abutting property owners would receive written notice of a fence by-law variance request and be invited to express comments. In the case of a variance request for a fence in a street flanking yard, written notice would be given to all owners within 30 metres. If there are objectionsfrom the community, staff would attempt to address the concerns or seek a compromise. If the community concerns cannot be resolved or if staff do not support the requested variance, community members or applicants would have the opportunity to appeal the staff decision before Council. In cases where there are no objections, the process would take approximately 3 weeks. The 2020 fee would be $600for FenceBy-law variances which ismid-range compared to other municipalities. It is proposed that the new process take effect January 1, 2020.The Fence By-law (Municipal Code Chapter 630, Article 13) would have to be amended to reflect the revised variance process. The General Fees By-law would have to be amended to reflect the new rate. New Fee of $600 and New Process would take effect January 1, 2020 7 - 4 Proposed Processand Fees – Sign By-law Variances The Planning Division would administer the process and the Director of Planning or one of the Managers would be delegated authority to approve Sign By-law variances where there are no objections. Planning staff would circulate and receive input from Divisions deemed to have an interest (e.g. Building Division for signs with Ontario Building Code implications,Economic Development for significant signs in the downtown,Transportation Services were there are transportation movement/sightline issues, and Legal Services where there are property encroachments). All property owners within 120 metres would receive written notice of a Sign By-law variance request and be invited to express comments. Notice would also be posted on the city’s website. Planning staff would circulate and receive input from Divisions deemed to have an interest. If there are objectionsfrom the community, staff would attempt to address the concerns or seek a compromise. If the concerns cannot be resolved or if staff do not support the requested variance, community members or applicantswould have the opportunity to appeal the staff decision before Council. In cases where the variance request is deemed minor and there are no objections, the process would take approximately 4 weeks The 2020 fee would be $ 900for Sign By-law variancerequests,which is in the low-to- mid range compared to other municipalities. If in the opinion of the delegated authority, a variance request is deemed worthy of consideration but not minor, the application would be processed as a by-law amendment that would be considered by Council. Council decisions on amendment requests would be final (no further appeals). It is proposed that the new processes take effect January 1, 2020. The SignBy-law (Municipal Code Chapter 680, Article 26) would have to be amended to reflect the revised variance process. The General Fees By-law would have to be amended to reflect the new rate. New Fee of $900 and New Process would take effect January 1, 2020 ALIGNMENT WITH CITYOF KITCHENER STRATEGIC PLAN: The recommended process improvementsimplement Section 5.2 of Kitchener’s Strategic Plan, which iscited below: 5.2Improve the design and delivery of city services so that they provide what citizens want inthemost reliable, convenient and cost-efficient way. 7 - 5 FINANCIAL IMPLICATIONS: The simplified process would reduce operating costs, which would offset minor revenue losses due to the reduced fees. COMMUNITY ENGAGEMENT: INFORM- This report will be posted to the City’swebsite with the agenda in advance of the Committee meeting. Although no additional engagement was undertaken during the review, the proposed changes address feedback received from community members in past years. Staff is certain that the fee and approval time reductions will be well received. REVIEWED BY: Christine Tarling - Director, Legislated Services/CityClerk Jeff Bunn - Manager, Council/CommitteeServices/Deputy City Clerk Janine Oosterveld - Manager of Site Development and Customer Service Della Ross - Manager of Development Review Juliane vonWesterholt, Senior Planner Eric Schneider, Junior Planner Tim Seyler, Junior Planner Sheryl Rice-Menezes, Planning Technician (Zoning) ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services 7 - 6