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HomeMy WebLinkAboutDSD-2024-116 - Sign By-law General AmendmentsStaNRepvrt Development Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: May 13, 2024 SUBMITTED BY: Rosa Bustamante, Director of Planning & Housing Policy, 519-741-2200 ext. 7319 PREPARED BY: Joanne McCallum, Coordinator of Planning & Zoning Services, 519-741-2200 ext. 7075 WARD(S) INVOLVED: All wards DATE OF REPORT: April 15, 2024 REPORT NO.: DSD -2024-116 SUBJECT: Sign By-law General Amendments RECOMMENDATION: That the proposed by-law attached as Attachment A to report DSD -2024-116, to repeal and replace specific sections of the existing Sign By-law number 2011-099, be adopted; and further, That the updated regulations of the Sign By-law be incorporated into The City of Kitchener Municipal Code. REPORT HIGHLIGHTS: • The purpose of this report is to implement amendments to the Sign By-law to address the Council motion on September 25, 2023, related to excessive boulevard signs, as well as other general amendments to the Sign By-law. • It is Planning staff's recommendation that the proposed Sign By-law amendment be approved as it enhances regulations to address excessive boulevard signage and provides general amendments identified by staff based on sign variances, updates needed to reflect the new Zoning By-law 2019-051, and other minor updates. • There are no financial implications to this report. • Community engagement included a virtual meeting with the Waterloo Region Association of Realtors on January 16, 2024, a presentation to the Kitchener Development Liaison Committee on January 19, 2024, and a virtual community meeting on January 25, 2024. • This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 8 of 83 BACKGROUND: The Sign By-law regulates and enforces signs throughout the city. The intent of the Sign By- law is to: • authorize the appropriate size, number and location of signs to the type of activity or use to which they pertain; • provide reasonable and appropriate means for the public to locate and identify facilities, businesses and services without difficulty or confusion; • be compatible with their surroundings; • protect and enhance the aesthetic qualities and visual character of the city; • be consistent with planning, urban design and heritage objectives; • not create a distraction or safety hazard for pedestrians or motorists; • minimize adverse impacts on nearby properties; and, • provide businesses adequate and flexible means to identify themselves, while recognizing that the primary function of signage is to identify rather than advertise. Kitchener's Sign By-law was last updated with general amendments in June 2011. On September 25, 2023, staff was directed by Council to address excessive boulevard signage by amending the Sign By-law to require realtors to prominently display either the date or the name of the day of the week of the scheduled open house, and to remove the provision in the Sign By-law that requires a 30 -day sign hold after sign removal. Further amendments to the Sign By-law will address a number of minor changes that have been identified through frequent use of the Sign By-law. These changes are minor and technical, and do not impact the overall intent of the Sign By-law. REPORT: The proposed sign by-law amendment includes a response to council's motion regarding boulevard signs (defined as Special Event Directional signs) and general amendments identified by staff based on sign variances, updates needed to reflect the new Zoning By- law 2019-051, and other minor updates. Staff note that general amendments were scoped to meet the timing for Council's priority to address boulevard signs. Attachment B provides a detailed list of proposed changes to the Sign By-law with an explanation for each change. Planning staff coordinated with staff in by-law enforcement, transportation services, fire, urban design, building and legislated services. Feedback from these divisions and subject matter experts is reflected in the following proposed amendments. Special Event Directional Sign Amendments First, Council's motion relates to signs that fall under the Special Event Directional sign type. Open house signs commonly used by realtors falls under this sign type. Special Event Directional signs are small (maximum height of 0.9 metres and maximum width of 0.65 metres), free-standing signs and are used for directing traffic to the location of a special event. They may be posted between the hours of 9 am to 6 pm on the day of the event. These signs are permitted in the boulevard on City streets between the travelled portion of the road and the sidewalk or property line and are not permitted in the median. The only other sign permitted to be located in the boulevard of City street is a New Home Builder sign, usually an A -frame sign. This is a free-standing sign which provides directions to a new home development constructed by the new home builder at a location other than where the sign is located. They are restricted to noon on Friday and picked up no later than Page 9 of 83 noon on the following Monday. Staff are not proposing changes to the sign by-law regarding New Home Builder signs. To address Council's motion, directing staff to address excessive boulevard signs which cause visual clutter and pose a safety hazard in our community, staff reviewed the regulations of the Sign By-law and are proposing the following changes: 1. Require the prominent display of either the date or the name of the day of the week for Special Event Directional signs to benefit residents and deter misuse, and 2. Remove the provision in the Sign By-law that requires a 30 -day sign hold after a sign has been removed as the 30 -day sign hold has been deemed ineffective in addressing the issue of excessive boulevard signs. Staff met with the Waterloo Region Association of Realtors on January 16, 2024. There were two key areas of comment by the realtors: • clarification on the size of the date/day of the week requirement and • timing of implementation after Council decision to allow time for new signs to be produced. Staff recommended a text height for the date or day of the week to be at least 5 centimetres to ensure this information is legible from a reasonable distance. Additionally, from staff's review of the current regulations for Special Event Directional signs, the current time limits of 9 am to 6 pm do not meet the needs of realtors or other special events and propose excluding the hour restrictions since the required day of the week or date on the sign will provide clarity on whether a sign is legally allowed. Ensuring clear time frames on Special Event Directional signs will provide reasonable and appropriate means for the public to locate and identify events, including real estate open houses, without confusion. Additionally, to allow members of the Waterloo Region Association of Realtors and other special event providers sufficient time to produce new signs that will comply with the proposed regulations, the recommended by-law is proposed to come into effect on July 1, 2024. Staff is of the opinion that the proposed changes to regulations associated with Special Event Directional signs is appropriate and meets the intent of the Sign By-law. General Amendments Since the previous general amendments to the Sign By-law, staff have identified areas of the by-law that would benefit from being updated, improved and/or clarified. Generally, the revisions to the Sign By-law are housekeeping changes to clarify, simplify and address issues identified by the sign industry, the public and staff during the past 12 years. Key amendments include: 1. Update the Sign By-law with zoning references to include Zoning By-law 2019-051, such as a. adding a list of permitted sign types in Mixed Use zones, b. include Employment zones in the list of permitted sign types by zone, c. align visibility triangle measurements for Corner Visibility Triangles and Driveway Visibility Triangle to align with zoning rules. 2. Reduce the distance of signs containing automatic changing copy to residentially zoned lots to be 20 metres when oriented perpendicular to the street line, and 30 metres when not perpendicular to the street line, instead of 100 metres in alignment Page 10 of 83 with several recent variances for schools and community centres that are located in residential neighbourhoods. 3. Reduce the radius for sign variance circulation notices to be 60 metres. The circulation will remain at 120 metres for sign by-law amendments. The current sign variance process has been in effect since 2020. At that time, sign variances were delegated to staff with some exceptions including a staff recommendation of refusal or a community concern that could not be resolved. Based on the variance requests processed, community comments typically come from those in close proximity to the sign. Staff also received community feedback from a notice recipient beyond 60 metres that the notification distance is excessive and wasteful of City resources. Staff recommend a 60 -metre circulation distance for variances to continue to provide notice to properties affected. 4. Remove annual renewal for New Home Development signs, as these sign permits are rarely renewed annually and are an administrative burden for both staff and applicants without clear benefit. Permits for New Home Development signs will remain valid for a period of four years. 5. Allow incidental signs, like directional signs to a drive through, to have a maximum height of 1.2 metres instead of 0.9 metres when located outside of the Driveway Visibility Triangle. Staff recommend the general amendments noted above and further detailed in Attachment B as they update and provide clarification in alignment with the intent of the Sign By-law. Engagement There were three engagement opportunities through this process: a virtual meeting with the Waterloo Region Association of Realtors (WRAR), a virtual community meeting and a discussion at a Kitchener Development Liaison Committee meeting. During a virtual presentation to the WRAR on January 16, 2024, staff introduced and explained proposed changes to the Sign By-law. Feedback related to the proposed changes consisted of overall support for the proposed amendments, and included minor comments and questions, including the timing of the by-law coming into effect. Staff received a request to clarify text height for the date or name of the day of the week for Special Event Direction signs. Staff concluded that including a minimum text height of 5 centimetres would be appropriate to ensure these details are legible to pedestrians and motorists. Following the January 16th meeting, staff received a letter from WRAR requesting the City not dispose of signs belonging to WRAR members. Staff consulted with Enforcement and were informed that, for more substantial signs, by-law enforcement staff attempt to contact the owner of the sign before disposing of the sign. By-law staff are not able to continue holding on to the smaller "H" frame signs as they become a storage and administrative burden. WRAR have also requested that the Laserfiche application used for accessing City by-laws is difficult to use. Staff will work with the Communications team to get the updated Sign By-law in an online format similar to the Zoning By-laws. Staff presented an overview of the proposed changes to the Sign By-law to the Kitchener Development Liaison Committee on January 19, 2024. No concerns were raised during this presentation. Page 11 of 83 On January 25, 2024, staff hosted a virtual community meeting. At this meeting, staff did not receive any concerns with the proposed amendments, however, further discussion on other sign regulations occurred and will be considered in a future Sign By-law update. Attached in Attachment C are the notice of community meeting and notice of public meeting. Attached in Attachment D is the presentation material and a letter from the Waterloo Region Association of Realtors. Conclusion The proposed amendments to the Sign By-law align with the purpose of the Sign By-law through the following: • Responding to the Council motion with proposed Sign By-law changes to address excessive boulevard signage will assist with limiting visual clutter and distractions for pedestrians and motorists. • Ensuring clear time frames on Special Event Directional signs will provide reasonable and appropriate means for the public to locate and identify events, including real estate open houses, without confusion. • Introducing a list of permitted sign types for Mixed Use zones will ensure signs will be compatible with their surroundings. • Further, increasing the height of incidental signs when not located in a driveway visibility triangle, will allow businesses to install taller signs and ensure the incidental message is better identified on a lot, especially during the winter season when snow can accumulate or be plowed to various locations and block these signs. Overall, the proposed amendments ensure signs are appropriate in size, number and location to the type of activity or use to which they pertain. The amendments proposed to the Sign By-law aim to reduce excessive boulevard signage, thereby reducing visual clutter and distractions for pedestrians and motorists. The proposed general amendments are minor and technical. Planning staff are recommending approval of the amendments per Attachment A. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — The virtual community meeting information was posted to the City's website and an advertisement was posted in The Record. A Notice of Public Meeting has been posted in The Record to notify the public about these proposed amendments at the Community & Infrastructure Services Committee on May 13, 2024. CONSULT — Community engagement included a virtual meeting with the Waterloo Region Association of Realtors on January 16, 2024, a presentation to the Kitchener Development Liaison Committee on January 19, 2024, and a virtual community meeting on January 25, 2024. Page 12 of 83 PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • Official Plan, 2014 • CSD -11-036: Sign By-law Review, Chapter 680 of the Municipal Code REVIEWED BY: Janine Oosterveld, Manager, Customer Experience & Project Management Gloria MacNeil, Director, By-law Enforcement APPROVED BY: Justin Readman, General Manager, DSD ATTACHMENTS: Attachment A — Proposed Sign By-law Amendment Attachment B — Rationale Chart Attachment C — Public Notices Attachment D — Public Consultation Page 13 of 83 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code with respect to Signs). WHEREAS it is deemed expedient to amend Chapter 680 of The City of Kitchener Municipal Code as adopted by By-law 88-100; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended to delete the title "INTERPRETATION" and substitute therefor the title "DEFINITIONS". 2. Section 680.2.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.2 abandoned sign" means a sign or sign structure which may have formerly identified, but no longer correctly identifies, the business, commodity, service or use presently conducted, sold or offered on the lot. A sign shall not be deemed abandoned until thirty after such activity is discontinued." 3. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding thereto the following subsection: "680.2.19.1 "Corner lot" means a lot situate at the intersection of, and abutting two streets, or parts of the same street, the adjacent sides of which street or streets (or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees." 4. Section 680.2.20 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.20 Page 14 of 83 2 "corner visibility triangle" means a triangular area formed within a corner lot by the intersecting street lines or the projections thereof and a straight line connecting them 7 metres from their point of intersection." 5. Section 680.2.22 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.22 "driveway visibility triangle" means a triangular area formed within a lot by the intersection of a driveway line and a lot line abutting a street or the projections thereof and a straight line connecting them. The driveway visibility triangle shall be measured from the point of intersection of a street line and the edge of a driveway a distance of 3 metres from the street line and 4.5 metres from the edge of the driveway." 6. Section 680.2.34 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.34 "incidental sign" means a ground supported sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "drive- thru", "private parking", "entrance", "washroom", "loading dock", "staff only", and other similar directives. Incidental signs shall have a maximum height of 1.2 metres and shall be permitted to display the name or logo of a use on the lot." 7. Section 680.2.42 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.42 "Mixed Use Corridor" promotes transit supportive development along select primary streets. See maps as shown on the various maps attached in Schedule 113f." 8. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding thereto the following subsection: "680.2.43.1 "Multiple unit identification sign" means a multiple unit identification sign required by City of Kitchener Policy Number 1-1035— Emergency Service Policy and provide no other commercial content." Page 15 of 83 3 9. Section 680.2.56 of The City of Kitchener Municipal Code is hereby amended to delete the title "Projection Sign - defined" and substitute therefor the title "Projecting Sign - defined". 10. Section 680.2.63 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.63 "sign" means any device, object or thing which directs attention to or which is designed to convey a message and that is placed for the purposes of advertising goods and/or services offered, identifying a business or enterprise or for conveying any other type of message and, without limiting the generality of the foregoing, this definition includes posters and the types of signs specifically defined in this Section." 11. Section 680.2.69 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.2.69 "special event directional sign" means a free-standing sign which is used solely for the purpose of directing traffic to the location of a special event. Without limiting the generality of the above, this definition shall include signs commonly referred to as real estate "open house" or "model home" signs. Such signs may include the nature of the event, name of the event holder and the location, arrow pointing to the event and/or time of the event, but shall contain no other commercial or promotional message." 12. Section 680.2.75 of The City of Kitchener Municipal Code is hereby deleted. 13. Section 680.3.9 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.9 "The City may, for public service purposes, erect or use any type of sign permitted by this Chapter in any zone in which such sign type would otherwise be prohibited, subject to the sign being in full compliance with the regulations prescribed for such sign type. With the exception of portable signs, such signs shall require a sign permit but application fees shall be waived" Page 16 of 83 4 14. Section 680.3.16 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.16 Incidental signs having a maximum height of 0.9 metres may be erected or displayed within a corner visibility triangle, driveway visibility triangle or lot line visibility triangle subject to Section 680.3.15." 15. Section 680.3.18 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.18 Obstruction — any fire safety infrastructure Signs shall not be erected or displayed in such a manner as to interfere with the free use of any fire escape, exit or fire department connection." 16. Section 680.3.20 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: i .1.119101P 7 All signs and sign structures shall comply with the requirements as set out in the Ontario Building Code, Ontario Regulation 332/12, as amended, or any successor thereof." 17. Section 680.3.27 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.27 Signs within 400 metres of, and visible from, Highway #401, the Conestoga Parkway or Highway #8 between the Conestoga Parkway and Highway #401, shall require the approval of the Ministry of Transportation of Ontario." 18. Section 680.3.28 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.28 Signs within 3 metres of an electrical transmission line shall require the approval of Enova Power Corp. and/or the Electrical Safety Authority." 19. Section 680.3.29 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: Automatic changing copy on a sign shall not be located within 23 metres of a street intersection or traffic light. Automatic changing copy on a sign shall not be located Page 17 of 83 5 within 20 metres of any residentially zoned lot which is located on the same street as the sign containing the automatic changing copy, provided the sign is oriented perpendicular to the street line, or within 30 metres of any residentially zoned lot which is located on the same street as the sign containing the automatic changing copy, provided the sign orientation is not perpendicular to the street line. The automatic changing copy shall not contain flashing, intermittent or moving lights. The rate of change in the content of the copy shall be static for a minimum of six seconds, except on a video projection sign." 20. Section 680.3.31 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: Notwithstanding Section 680.3.29, automatic changing copy shall conform to the following criteria and shall be certified in writing by a Lighting Engineer for the approval of the City Planner or designate after the installation of the sign and before its operational use: (a) the illuminance of any automatic changing copy shall be measured with an illuminance meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the automatic changing copy off, and again with the automatic changing copy displaying a white image for a full colour capable automatic changing copy, or a solid message for a single -colour automatic changing copy. All measurements shall be taken perpendicular to the face of the automatic changing copy at the distance determined by the total square footage of the automatic changing copy as set for in the accompanying Sign Area Versus Measurement Distance Formula in Section 680.3.31 (d); (b) the difference between the off and solid -message measurements using automatic changing copy measurement criteria noted above shall not exceed 0.3 footcandles; (c) all permitted illuminated automatic changing copy shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements; and (d) the measurement distance is to be calculated with the following formula: Measurement Distance in Metres = sq rt Area of Sign Sq.M. x 100." 21. Section 680.3.32 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.32 Page 18 of 83 6 Except as otherwise provided in this Chapter, display of the following signs are prohibited in all zones: (a) flashing signs; (b) signs that advertise a business, product, activity or service, which are mounted, placed or displayed on any vehicle situated on any lot, except signs or lettering on vehicles currently in use as a means of transportation; (c) non -accessory signs (third party); (d) pennants, strings of flags or strings of exposed lights with a commercial message; (e) progressive signs and wind driven signs; (f) signs advertising adult sex film theatres, except those signs erected and displayed in compliance with Sections 680.4.3 (b) through 680.4.3 (e) inclusive; (g) abandoned signs." 22. Section 680.3.33 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.3.33 Except as otherwise provided in this Chapter, the following signs are permitted in all zones in accordance with regulations contained in this Chapter: (a) address signs; (b) election signs; (c) construction information signs; (d) flags of recognized geo-political entities or corporate flags containing only the business name or logo and displayed only on the same lot where the business or use is located; (e) incidental signs; (f) real estate signs; (g) special event directional signs; (h) subdivision signs; Planning Application Notice signs, such as Official Plan Amendment, Zoning By-law Amendment and Committee of Adjustment Notices; and Proposed School Site signs; the type, form, size, content and location of which shall be approved by the City Planner or designate; (i) window signs, provided they are non -flashing and do not block or cover more than 50 percent of the window area the sign is displayed on; (j) poster signs and notices; (k) new home builder signs; (1) new home development signs; (m) telecommunication tower and antenna signs; the form, size, content and location of which shall comply with requirements of the City's Telecommunication Tower and Antenna Protocol; (n) multiple unit identification sign." Page 19 of 83 7 23. Section 680.4.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.4.2 Commercial zones - downtown zones (other than the retail core) The following signs are permitted in commercial zones and downtown zones other than the retail core: (a) awning signs; (b) banner signs; (c) fascia signs; (d) ground supported signs; (e) portable signs, except in the area defined as Mackenzie King Square in Section 680.2.40; (f) projecting signs; (g) roof signs, except in areas identified as Mixed Use Corridor or defined as Mackenzie King Square in Section 680.2.40; (h) inflatable signs; and (i) video projection signs in the Arterial Commercial Zone (C-6) and the Commercial Campus Zone (C-8) zone only." 24. Section 680.4.3 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.4.3 Employment — Industrial — business park zones The following signs are permitted in employment, industrial and business park zones: (a) awning signs; (b) banner signs; (c) billboard signs; (d) fascia signs; (e) ground supported signs; (f) portable signs; (g) projecting signs; (h) roof signs; (i) inflatable signs; and (j) video projection signs." 25. Article 4 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding two new sections thereto as follows: "680.4.7 Mixed Use Zones The following signs are permitted in mixed use zones: (a) awning signs; (b) banner signs; (c) fascia signs; Page 20 of 83 (d) ground supported signs; (e) portable signs; and (f) projecting signs. 680.4.8 Mixed Use Zones — exceptions Notwithstanding Section 680.4.7, any property developed solely as a residential use shall only permit signs as allowed in Section 680.4.4." 26. Section 680.6.7 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.6.7 Sign clearance — minimum The minimum sign clearance shall be: (a) 0.0 metres when projecting over an area not intended for pedestrian or vehicular traffic; (b) 2.44 metres when projecting over an area intended for pedestrian traffic; (c) 4.3 metres when projecting over an area intended for vehicular traffic." 27. Section 680.6.9 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.6.9 One sign — per business or use A maximum of one banner sign is permitted for any one business or use on a lot at any one time." 28. Section 680.7.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.7.5 In locations deemed appropriate by the City Planner or designate, billboard signs shall be landscaped in accordance with a landscape plan approved by the City Planner or designate." 29. Section 680.9.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.9.2 City - public property No election sign of any kind shall be displayed on any City property or other public property." Page 21 of 83 9 30. Section 680.11.6 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.6 Notwithstanding Section 680.11.4, the maximum height for a ground supported sign on a property identified as Mixed Use Corridor shall be 2.0 metres." 31. Section 680.11.7 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.7 Notwithstanding Section 680.11.4, the maximum sign area for a ground supported sign on a property identified as Mixed Use Corridor shall be 6.0 square metres." 32. Section 680.11.12 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.12 On any property identified as Mixed Use Corridor, a maximum of one ground supported sign shall be permitted on any lot less than 50 metres in width and a maximum of two signs shall be permitted on a lot greater than 50 metres in width." 33. Section 680.11.13 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.13 Ground supported signs are prohibited within 50 metres of another ground supported sign on the same property or within 15 metres of a ground supported sign on an abutting property;" 34. Section 680.11.15 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: 0.1-1191a§E Ground supported signs located between a front lot line or side lot line abutting a street and the minimum building setback from such lot line, as required in the Zoning By-law, shall contain the civic number and/or full municipal address(es) of Page 22 of 83 10 the property on which the ground supported sign is located and shall comply with the regulations which follow: (a) if located on a corner property, the full municipal address (civic number and street name) is required; (b) the address shall contain text that has a minimum height of 15.0 centimetres; (c) the address shall be located at a minimum of 0.9 metres above grade, or at the top of the sign if the sign is less than 0.9 metres in height; and (d) the address must be clearly visible and shall be located on all faces of the sign that contain copy." 35. Section 680.11.19 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.11.19 Any manual changeable copy or automatic changing copy component of a ground supported sign shall be limited to 50 percent of the sign face." 36. Section 680.12.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.12.2 Inflatable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the City Planner or designate." 37. Section 680.14.8 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: Sign permits for new home development signs shall be valid for a period of four years." Page 23 of 83 11 38. Section 680.15.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: 680.15.2 Portable signs shall be erected only in such specific locations as shown on a plan approved for such purposes by the City Planner or designate." 39. Section 680.15.15 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.15.15 Separation distances for portable signs shall be as follows: (a) portable signs are prohibited within 50 metres of another portable sign on the same lot or within 10 metres of a portable sign on an abutting lot; (b) portable signs are prohibited within 15 metres of a ground supported sign on the same lot unless the ground supported sign has a minimum clearance of 2.44 metres." 40. Section 680.15.21 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.15.21 In the event that public work construction creates a road closure or limited access impacting a business, the erection of a portable sign may be permitted at a different location at the discretion of the City's Director, Enforcement, or City Planner or designate at no cost. A portable sign may be erected at a location approved in writing by the City's Director, Enforcement, or City Planner or designate provided any private property owner has granted consent. Signs shall be permitted for a period of time as approved in writing by the City's Director, Enforcement, or City Planner or designate and shall not exceed the duration of the construction work." 41. Section 680.18.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: Ground supported real estate signs shall have a maximum sign height of 2.0 metres and a maximum sign area of 1.0 square metres when located on a lot containing or permitting a single detached dwelling, a semi-detached dwelling, a street townhouse dwelling, with or without additional dwelling unit(s), or a multiple dwelling having up to 6 units." 42. Article 18 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding thereto the following subsection: Page 24 of 83 12 "680.18.11. Notwithstanding Section 680.15.2 portable real estate signs shall be erected in accordance with regulations set out in Article 15 - Portable Sign Regulations." 43. Section 680.20.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.20.5 Display time/date details Special event directional signs may only be displayed on the day(s) of the special event, and shall prominently display either the date(s) of the event or the day(s) of the week with text height being at least 5 centimetres." 44. Section 680.21.8 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.21.8 The subdivider shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision signs advising that information may not be current and to obtain updated information, inquiries should be made at the City's Development Services Department." 45.Article 22 of The City of Kitchener Municipal Code is hereby deleted. 46. Section 680.24.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.24.2 A sign permit shall not be issued where the sign or copy relates to a use which does not have a valid Zoning Occupancy Certificate as required by the City's Zoning By-law." 47. Section 680.24.3 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.24.3 Notwithstanding Section 680.24.1, the following signs shall not require a permit, provided that in all other respects they conform with the provisions of this Chapter: (a) address signs; (b) banners on City property in locations authorized by Council; (c) election signs; Page 25 of 83 13 (d) construction information signs when erected on a property containing a single detached dwelling, a semi-detached dwelling or street townhouse dwelling, with or without additional dwelling unit(s); (e) flags; (f) incidental signs; (g) multiple unit identification, the content and location of which shall be approved by the City's Chief Fire Prevention Officer (h) planning application notice signs; (i) real estate signs; (j) portable signs having a maximum width of 1.0 metre and a maximum height of 1.2 metres , in the retail core and areas designated as Mixed Use Corridor in the City's Official Plan, or if located in accordance with Section 680.15.17 approved by the City during public work construction and portable signs advertising a charitable organization or charitable event; (k) special event directional signs) (1) window signs that do not block or cover more than 50 percent of the window area on which it is placed and that are not accessory to a home business use; (m) posters or notices; (n) projecting signs on City property at locations authorized by Council; (o) signs in or on public transit shelters; (p) signs on bus stop benches; (q) signs on playing field fences and scoreboards at Blockline Sportsfield, Budd Park, Centennial Stadium, Jack Couch Ball Park, Bridgeport Sportsfield, Woodside Park, Meinzinger Park, SW Optimist Sports fields, Fisher Park, Heritage Greens Lawn Bowling Club, Lions Sports fields, Breithaupt Park and Peter Hallman Ball Yard; (r) telecommunication tower and antenna signs." 48. Section 680.24.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.24.5 The City may revoke a sign permit at any time if it is determined by the City that: (a) the sign permit has been issued in error by the City of Kitchener; (b) the sign does not conform to this Chapter, the Ontario Building Code, Ontario Regulation 332/12 or any other applicable regulation or legislation; or (c) the sign permit has been issued as a result of false, mistaken, or incorrect, information shown on the sign permit application; (d) if, after six months after its issuance, the construction of the sign has not been seriously commenced, or (e) if the holder requests in writing that it be revoked." 49. Section 680.25.1 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: Page 26 of 83 14 0.1:191PIMI A person to whom a sign permit is issued shall notify the City prior to installation of any sign to arrange an inspection." 50. Section 680.25.4 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.25.4 An employee of the City reporting to the City Planner or designate, or an officer, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not this Chapter is being complied with. Entry to any place actually been used as a dwelling unit shall be subject to the requirements of the Municipal Act, 2001." 51. Section 680.26.2 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: 0.1:19INI- M Written notice shall be provided to all property owners within a) 60 metres for a sign by-law variance, or b) 120 metres for a sign by-law amendment, with the opportunity to comment. Notice of the request shall also be posted on the City's website." 52. Section 680.27.1 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.27.1 The City Planner or designate shall be responsible for the administration of this Chapter and the Director, Enforcement shall be responsible for overseeing the enforcement of this Chapter." 53. Section 680.27.5 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: iL.1:191WA Notwithstanding any other provision of this Chapter, any sign that, in the opinion of the City's Director, Enforcement; Director, Transportation Services or the Chief Building Official (or designates) constitutes an unsafe condition or obscures the Page 27 of 83 15 visibility of normal approaching pedestrian or vehicular traffic may be removed or relocated by the City forthwith." 54. Section 680.27.6 of The City of Kitchener Municipal Code is hereby deleted. 55. Section 680.27.7 of The City of Kitchener Municipal Code is hereby deleted and replaced with the following: "680.27.7 Sign — removal - disposal Any sign removed in accordance with the provisions of this Article may be disposed of forthwith without notice to the owner of the sign or their agent and the owner shall not be entitled to compensation." 56. Section 680.27.8 of The City of Kitchener Municipal Code is hereby deleted. 57. This By-law comes into effect July 1, 2024. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2024. 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Thursday, January 25, 2024 11:00 a.m. -12:00 p.m. To connect to the virtual meeting online, go to: www.zoom.us/join and enter meeting ID# 868 8648 3949 The City of Kitchener is undertaking an update of the Sign By-law to address Council's motion on September 25, 2023 to address issues with signs on City boulevards and medians as well as other minor amendments. The general amendments include such items as: • Requiring special event directional signs in City boulevards (like real estate open house signs) to include either the date of the event orthe day of the week of the special event or open house (per Council's motion) • Removing the regulation that requires the Cityto store signs for 30 days priorto dis- posal (per Council's motion) • Clarifying regulations for incidental signs on a property (like drive through directional signs) and allowing a 1.2m maximum height • Reducing the distance separation for automatic changing copy signs to residential properties to align with approved variances for school and community centre signs • Minorwording updates and other similar corrections Log on to our Virtual Community Meeting to participate in the discussion about the proposed updates to Sign By-law regulations. Joanne McCallum - Coordinator, Nanning 'V- Q FS�v&s83 joanne.mccallum@ kitchener.c 519.741.2200 x7075 NOTICE OF PUBLIC MEETING Sign By-law General Amendments Have Your Voice Heard! Community & Infrastructure Services Committee Date: May 13, 2024 Location: Council Chambers, Kitchener City Hall 200 King Street West ©rVirtual Zoom Meeting 1 KAHEN�3ER Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting The City of Kitchener is undertaking an update of the Sign By-law to address minor amendments and Council's motion on September 25, 2023 with respect to issues with signs on City boulevards and medians. The general amendments include such items as: • Requiring special event directional signs in City boulevards (like real estate open house signs) to include either the date of the event orthe day of the week of the special event or open house (per Council's motion) • Removing the regulation that requires the Cityto store signs for 30 days priorto dis- posal (per Council's motion) • Clarifying regulations for incidental signs on a property (like drive through directional signs) and allowing a 1.2m maximum height • Reducing the distance separation for automatic changing copy signs to residential properties to align with approved variances for school and community centre signs • Minorwording updates and other similar corrections Joanne McCallum Coordinator, Planning & Zoning Services joanne.mccallum(clkitchener.cFDage 39 of 83 519.741.2200 x7075 3 ' 2, 0 � Q s 00 Ln i E to 3 O r- 0 a r -I E 0 m v E m w CL 4* c r� a v w M co O O N O) co d E E E E E E (a (a (a (a (a 0- 0 LO LO 0 Ln O W NO N O E r -I E r -I r -I N r -I r -I r -I r -I r -I r -I �--� ^ ' rl 11 p E N O Q Q U Ca Q J 0 0 N 4-1 � Q L = X4—J N fa 0 CO z o E E E E E E (a (a (a (a (a 0- 0 LO LO 0 O O �O NO N O r -I r -I r -I r -I r -I N r -I r -I r -I r -I r -I r -I M co O r N O) co d M co O N N co d xJ O • O (n O W }� CT ro = W • ro xJ C:ro O U � � E � O � C O -r- 06 Cf _O O >. 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The Waterloo Region Association of REALTORS® (WRAP) represents 2,800 members who sold 4,531 properties in Kitchener last year. WRAP shares Kitchener Council's concerns about excessive boulevard signs, which cause visual clutter and pose safety hazards. REALTORS use Directional Open House signs to facilitate the sale of properties and help direct interested buyers to open houses. However, there are a small number who use these types of signs for their self -promotion, which frustrates everyone, not the least of whom are those REALTORS® who consistently comply with the rules. While PEALTOP®'S signs make up some of the signage we all see proliferating across the community, there are other sources, and clearer rules would benefit everyone, and deter abuse. WRAP supports: The motion from Kitchener council to require signs to display either the date(s) or the name of the day(s) of the week for scheduled events such as open houses. Currently, Kitchener's sign by-law allows special event signs to be up only between 9 am and 6 pm on the day of the special event. WRAP supports the proposed amendment to allow special event directional signs to be displayed for the entire day. WRAP recommends: WRAP also supports the proposed amendment to remove the 30 -day holding regulation. However, we recommend that the City not dispose of illegal real estate signs immediately. Rather, we would suggest the City work with WRAP to address those signs that belong to our members. WRAP membership requires that REALTORS® follow all municipal by-laws and regulations, so in this instance, the WRAP would consider an enforcement process that could include incremental administrative monetary penalties. Since we can only apply these sanctions to our members, and some of these signs may be from REALTORS® from other associations, we would recommend the City dispose of those signs. WRAR recommends: Greater coordination between the City of Kitchener and the Region of Waterloo to enforce and communicate their sign by-laws. City residents and users do not always know what is a regional road and what is a municipal road. It would be helpful if the Region empowered municipal by-law officers to enforce and respond to signs illegally placed on roundabouts or along regional roads -that fall within the municipal boundary. WRAP recommends: Clear and precise rules. WRAP is prepared to collaborate with the City to create an easy - to -understand Sigh Bylaw Guide for REALTORS® to communicate better the rules related to signs. The current Sign Bylaw is accessed by a cumbersome Laserfish application, is 73 pages and is difficult to read and navigate online. WRAP is also prepared to coordinate with City staff to enhance the enforcement of any breaches of this by-law, which we believe will lead to greater compliance. Sincerely, ti/A OVA-0- Christal Moura, President, WATERLOO REGION ASSOCIATION OF REALTORS® Page 59 of 83