ADMINISTRATIVE REPORT

Transcription

1 ADMINISTRATIVE REPORT Planning and Develpment Cmmittee Agenda Item 3 TO: FROM: Planning & Develpment Cmmittee B. Newell, Chief Administrative Officer DATE: Octber 18, 2012 RE: Enfrcement f Signage Regulatins Administrative Recmmendatin: THAT the Bard establish Reginal District f Okanagan-Similkameen (RDOS) signage enfrcement pririties and request, in writing t the Minister and lcal MLAs, that the Ministry Of Transprtatin and Infrastructure enfrce Highway right-f-way encrachments; and, THAT the csts f pririty actins be established and included in the 2013 Budget. Reference: Zning Bylaws fr Electral Areas A, C, D-1, D-2, E, F Building Bylaw N. 2333, 2005 Backgrund: The purpse f this reprt is t prvide the Bard with an verview f signage regulatins and bservatins f existing signage and a discussin f ptins t address a number f signage issues in the Okanagan. The fcus f the review is n signage lcated alng the main highway netwrks thrughut the suth Okanagan Valley, primarily Highway 97 and 3, as well as Naramata Rad. It is recgnized that there have been cncerns expressed f Highway signage clutter in the Cawstn cmmunity, hwever at this time there are n land use regulatins in place in Area B. Frm an histrical pint f view, in 2010 a cmplaint was brught t the Bard regarding cncerns f the prliferatin f signage alng Highway 3 (east and west f Osys) and Highway 97 nrth and suth f the Twn in Area A with a particular cncern n the amunt f billbards n Highway 3, suth f Old Richter Pass Rad. The ffending signage was typically third party billbard signs advertising premises lcated n a different site than the sign lcatin. In September 2011, staff updated the Bard n the abve signage cmplaint and advised that 6 f the 8 signs were lcated n private prperty (and nt n the Highway right-f-way). The Bard directed t investigate and bring frward a cmprehensive signage plan. In the meantime, enfrcement actin has resulted in the remval f nn-cmpliant private signage. Analysis: Signage Regulatin Frm the perspective f lcal gvernment, the regulatin f signs is mtivated by the need t ensure public safety and minimize the negative visual impacts f signs in a cmmunity. Typical cntrls are a limit n the number f signs, type, placement and appearance. It is usually nt the impact f any ne business sign that cncerns lcal gvernment, but the lng-term cumulative impact f many private signs. Regulatin f signage is a cmplex area with issues ranging frm freedm f expressin and business prmtin t safety and cmmunity aesthetics. In mst jurisdictins signage cntrls attempts t find Page 1 f 9

2 a balance between the need fr business advertisement with cmmunity appearance and travel safety. N dubt that unregulated advertising can result in a prliferatin f signage strung alng majr traffic rutes resulting in a cluttered appearance. Many cmmunities, including the RDOS, n lnger permit third party billbard signage. Effrts t remve business signage will likely be cntrversial. Frm a business pint f view, signage infrms the public abut their lcatin and prvides a relatively lw cst frm f advertising. And the sign industry is mtivated t sell signage. RDOS Zning Bylaws and Permitting All RDOS Zning Bylaws largely cntain the same regulatins fr Signs. Signs are permitted fr a range f uses frm hme ccupatins, farm, utility, institutinal, cmmercial and industrial uses, as well as real estate and electin signs. Schedule A prvides an verview f typical sign regulatins. The key signage regulatin is that the sign must be lcated n the prperty where the use is ccurring signs lcated n anther prperty are termed third party r ff-premises signs and these are largely the signs f cncern. The RDOS Building Bylaw N. 2333, 2005 des nt require a building permit fr signs less than 4m 2 (43 sq. ft.) Few building permits are issued fr sign cnstructin, as sign regulatin has nt been a pririty f the RD in the past. The sign regulatins in the Electral Area Zning Bylaws appear t be suitable fr mst rural uses, but sme adjustments may be reviewed as we wrk thrugh the enfrcement prcess. The MTI Ticketing Bylaw and Bylaw Ntice prvide a fine f $100 fr erectin f signs in cntraventin f the Zning Bylaw. Signage Survey A survey f typical private signage existing in the Naramata Rad, Highway 97 suth f Pentictn and a small area alng Highway 3 has been cnducted by the Bylaw Enfrcement Officer. The Officer has taken 153 phtgraphs depicting abut 220 signs alng the Highway in the study area. In additin, in September f 2011, 27 sandwich bard signs were inventried in Okanagan Falls mst resulting in a ttal f abut 250 signs. Sme general cnclusins can be made: Apprximately 35% f signs are fr agricultural uses (fruit stands, farm and wineries; 33% f surveyed signs are fr third party business signage; 24% are f signs are sandwich bards fr a range f agricultural and cmmercial use; Billbards make up nly 5%; It is estimated that abut ne-half f the existing signage was phtgraphed, suggesting that there are ver private signs alng the main traffic rutes. While there are signs in all rural areas, the greatest cncentratin f signs is bserved between Oliver and Osys. The Officer ntes that the vast majrity f the signs identified are psted n the Prvincial Highway right-f-way. Of the 220 signs nted abve, abut 22 signs appear t be n private prperty and the lcatins f anther 12 are unclear say abut 20% f signs n private prperty fall under the jurisdictin f the RDOS and sme may be cnsistent with the bylaw. In the fllwing table the tp six signage types in the suth Okanagan are identified including Billbards, ther third Party signs, fruit stand signage, winery, sandwich bard and cmmunity entrance signs. An estimate f the number and percentage f signs are als prvided. Page 2 f 9

3 OKANAGAN VALLEY HIGHWAY CORRIDORS KEY SIGNAGE ISSUES Signage Type Issue Lcatin Estimated Number Billbards Size: Over 100 sq. ft, - typically 200 sq. ft. Large signs that dminate the viewscape and blck views Negative visual impact Detract frm natural scenic areas Billbards, typically fr real estate, are cncentrated arund the Twn f Osys, and n Osys and Pentictn Indian Band lands, but als a few scattered in ther areas Abut 12 billbards were identified in the windshield survey r 5% f the ttal. Other third party signage Size: Typically abut 4 x4 r smaller. Prfessinal quality r hand made Smaller signs advertising lcal businesses, real estate and turist accmmdatin fr businesses lcated within the adjacent municipality r further alng the Highway Create clutter These signs are cncentrated between / arund Oliver and Osys and scattered in ther areas A ttal f 83 third party signs were cunted, representing 33% f the ttal. Fruit Stands/ Farms Size: Generally under 2 x4. Sme are temprary in nature. Multiple, mainly freestanding Range f quaint t crude quality Sme stands have excessive signage with many signs strewn alng Highway Cluttered appearance at the site f the stand Signs lcated n ther sites than the fruit stand prperty Fruit stands and farm signage is fcused between / arund Oliver and Osys and at Kaleden. A ttal f 48 fruit stand r farm signs were nted r 19% f the ttal. Page 3 f 9

4 Winery Signs Size: Typically abut 2 x4 In additin t Highway Service/Attractin signs One r mre signs lcated sme distance frm the winery Typically prfessinal quality Signage fr wineries nt frnting n the Highway Create clutter Winery signs are mainly fund between / arund Oliver and Osys and alng Naramata Rad Winery signs ttaled 41 signs r 16% f ttal signage. Sandwich Bard Signs Size: Typically arund 2 x2 Multiple signs scattered in frnt f cmmercial prperties, wineries r fruit stands. Unsightly appearance Parking/access safety cncern Alng Highway thrugh Okanagan Falls and scattered in ther areas, including Naramata Rad Of the ttal f 60 sandwich bard signs, abut half are in the OK Falls Twnsite. This signage type makes up 24% f ttal signs. Cmmunity Entrance Size: Typically small hand-made r a grup f winery signs at key intersectins A number f small private signs clustered arund a main rad intersectin with the highway Visual cluttered appearance Ineffective Existing cmmunity sign area suth f OK Falls in highway pull-ut area and at entrance t West Bench, Kaleden and Naramata and suth f Oliver at Rad 8. These signs are included in the abve categries. Page 4 f 9

5 BILLBOARDS: OTHER THIRD PARTY SIGNAGE: FRUIT STANDS/FARMS: Page 5 f 9

6 WINERY SIGNS: SANDWICH BOARD SIGNS: COMMUNITY ENTRANCE: Page 6 f 9

7 Ministry f Transprtatin The Reginal District has n authrity ver Highway rights-f-way. Current legislatin prvides: Third party signage must nt be placed within a right-f-way withut a permit n permits have been issued Billbards must be placed a minimum f 300 m away frm a prvincial highway; The Ministry has authrity t remve signs pursuant t Sectin 16 f the Transprtatin Act There is a Service and Attractin prgram fr advertising f cmmercial businesses alng Prvincial highways, such as accmmdatin, fruit stands and wineries with apprved highway signage. Municipalities, under Sectin 124 (13) f the Transprtatin Act have the authrity, with the apprval f the Minister, t regulate, cntrl and prhibit traffic within a Prvincial highway, including signage regulatin. Whether this applies t Reginal Districts r nt wuld require a legal pinin, hwever RD regulatin f highway signage wuld represent a majr change in directin. At this time, the Ministry des nt actively pursue remval f nn-safety related items, such as signage, abandned vehicles and debris due t a lack f resurces and plitical will. Withut the invlvement f the MOTI in enfrcement f signage in the right-f-way, RDOS effrts will have limited impact and the majrity f signs will remain unaffected. It is recmmended that if the Bard wishes t take enfrcement against signage, that it write t the Minister f Transprtatin and Infrastructure as well as lcal MLAs requesting supprt f enfrcement f signage in the right-f-way and wrk with the RDOS t take actin n identified signage cncerns. Alternatives: The present plicy is enfrcement f signage vilatins based n written cmplaints. There have been few cmplaints n signage in recent years. Taking brad practive enfrcement actin and cnsulting with lcal stakehlder grups will require additinal staff and ther resurces that can be cnsidered by the Bard during the Budget prcess. There are a number f alternative sign enfrcement strategies that the Bard culd pursue as fllws: N enfrcement f current sign regulatins; Active enfrcement f private prperty signs that are nn-cmpliant. This is a significant task cnsidering the large number f ff-premises signs and will likely create a cnsiderable back-lash frm lcal businesses; Require that n sign may lawfully be displayed withut first btaining a permit. This wuld greatly assist the Reginal District in achieving cmpliance with sign regulatins; hwever, this may prve difficult in a large rural area and may be seen t be verly regulatry. There will als be the cmplicatin f establishing nn-cnfrming rights fr pre-existing signs. Cnduct an pinin survey t gauge public views and supprt fr enfrcement actin; Establish a Signage Cmmittee cmprised f agricultural industry, turist and ther business, real estate and public representatives t develp a cnsensus n a signage visin, guidelines and bylaw amendments fr the Suth Okanagan. It is expected that the Cmmittee will face many challenges and require cnsiderable time; Page 7 f 9

8 Frward signage issues in Okanagan Falls, including the prliferatin f Sandwich Bard signs, t the Ok Falls Revitalizatin Cmmittee; Explre the feasibility f Cmmunity Entrance / Lcal Business signage at key lcatins, such as West Bench Drive, Naramata and Kaleden and fr winery areas such as at Highway 97 and Number 8 Rad. Respectfully submitted: Dnna Butler D. Butler, Develpment Services Manager Page 8 f 9

9 - SCHEDULE A Signage Regulatins in Okanagan Valley Zning Bylaws All RDOS Zning Bylaws largely cntain the same regulatins fr Signs. Signs are nly permitted fr the fllwing purpses and with the fllwing sizes: Fr hme ccupatins, hme industry, and private visitr accmmdatin maximum size f 0.6m 2 T dente the name and/r address f wner maximum size f 0.6m 2 Fr real estate fr sale r rental 1 per parcel, nt t exceed an area f 3.0m 2 nr 3.0m high Sale f agricultural prducts grwn n the parcel 1 per parcel, nt t exceed an area f 3.0m 2 nr 3.0m high T dente a public utility use r cmpany 1 free-standing r facia sign nt t exceed an area f 23 m 2 nr 4.0m high T dente a church r cmmunity use 1 free-standing r facia sign nt t exceed an area f 7.5 m 2 nr 6.5m high T advertise a cmmercial, administrative, institutinal use 1 free-standing r facia sign nt t exceed an area f 23 m 2 nr 6.5m high Fr electin purpses frm date f electin t 5 days after electin day Signs must be lcated 1m frm a prperty line. All abve signage (except electin signage) is t be lcated n the site where the use is ccurring. By missin, n billbards r third party signs are permitted. These signs advertise a prduct r a use nt lcated n the subject prperty. Illuminated signs are nly permitted within cmmercial and industrial znes and may internally lit (except fr Naramata Twnsite where exterir lighting is required). Page 9 f 9