Date to Committee: January 13, 2014 Date to Council: January 27, 2014

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1 Page 1 of Report PB TO: FROM: Development and Infrastructure Committee Planning and Building SUBJECT: Proposed Sign By-law Amendments-Banners Report Number: PB Wards Affected: All File Numbers: Date to Committee: January 13, 2014 Date to Council: January 27, 2014 Recommendation: Approve the amendments to Sign by-law , to permit banner signs subject to certain conditions, as outlined in Planning and Building Report PB-03/13, and by-law attached as Appendix A Purpose: Establish new or revised policy or service standard The purpose of this report is to recommend amendments to the City of Burlington Sign by-law to permit banner type signs as advertising devices, subject to certain conditions. Background: Successful signage contributes positively to establishing the visual quality of the City s built environment and public domain. The visual clutter and pollution created by excessive signage obscures the underlying actual character of an area or street. The impression of a place is very much determined by what we see on streets, in the public domain and surrounding area. Signs communicate their message by using the medium of the City s built environment and public domain, the shared social spaces of the City. Unlike other messages, the public cannot directly control or easily ignore the visual information signs deliver to the public realm. Some business owners believe that their self-interest is best served if the public cannot help but notice their sign by virtue of the size, location or other characteristics of the sign.

2 Page 2 of Report PB Accordingly, municipalities use sign by-laws to control signs in order to advance public interest objectives such as regulating structures, protecting public safety, and maintaining visual quality character of the community. The sign by-law controls the type, size, height, location, and other characteristics of a wide variety of signs found in the City. The City of Burlington has amended its Sign by-law over the years to address issues that have arisen so that the by-law continues to regulate in an effective manner consistent with community objectives. Staff have determined that is would be appropriate at this time to amend the sign by-law to permit banners to be used as an advertising devise, beyond those that are permitted for non-profit organizations. Discussion: In the City of Burlington s current sign by-law a 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 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, arguing that the by-law is too restrictive. Many businesses have expressed interest in the use of banner signs to advertise a grand opening prior to permanent signage being installed and for use year round to advertise upcoming events.

3 Page 3 of Report PB In March 2013, the Planning and Building department presented to the Development and Infrastructure Committee Report PB-03-13, requesting approval of amendments to the sign by-law specifically related banner signs, attached as Appendix A. Both committee members as well as a number of registered delegations provided commentary on the issue at the March 25, 2013 Development and Infrastructure Committee meeting. As a result of the comments and discussion at committee the following was approved at the April 8, 2013 Council meeting. REFERRAL OF AMENDMENT TO SIGN BY-LAW TO PERMIT BANNER SIGNS Refer the proposed amendments to Sign by-law to permit banner signs back to the Manager of By-law Enforcement and Licensing for further consultation with the community and business stakeholders. (PB-03-13)

4 Page 4 of Report PB Stakeholder Consultation In May 2013, the Planning and Building department staff held a workshop for the Burlington Restaurant Association (BRA) to engage their membership on the use of banner signs. The turnout was low, especially from the BRA. As a result, there was limited input. In June 2013, Planning and Building department staff held a workshop for the representatives of the car dealerships to gather their input on advertising options available to them now and what they are looking for in the future. Again attendance for this workshop was low. Nevertheless, several concrete ideas materialized from the discussions and staff were made more aware of the demands on the car dealerships to use specific signage such as banners and flags for their advertising purposes. As an additional public engagement tool, an on-line survey was posted on our web page to gather further information on the public s views on the use of banner signs. (Survey attached as Appendix B ). Links to the survey were sent to various community groups to pass on to their membership to ensure we reached as many people as possible. Most of the responses (63%) were from residents, business owners were % of the respondents, and the restaurant/hospitality sector represented % of respondents. The total number of respondents was 135. Over 60 % of respondents supported the use of banner type signs throughout Burlington. More than 70% indicating that a permit should be required that regulates the size of the banner, the location and the length of time the banner can be posted. Strategy/Process In preparation for this report, staff looked at how those municipalities closest to Burlington were dealing with the banner sign issue. A number of methods are used to reflect the various community objectives. Examples of this are as follows: City of Hamilton- Fee - $86/28 days Banner fee $170 for advertising a grand opening or closing promotional event for 7 consecutive days Town of Oakville- Fee - $35/15 days

5 Page 5 of Report PB Town of Halton Hills- Fee - $126/60 days Town of Milton - Only permitted for charitable, nonprofit organizations for a special event Below are the recommendations staff are proposing, taking into consideration best practices and the needs of the community. Banner/ Signs-Proposed Amendments It is proposed that the by-law be amended to permit the temporary use of banner signs on private property with restrictions on size, location and duration of display in keeping with the practice across a number of municipalities. The amendments would include: New definition for banners. New definition for flags A banner sign would only be permitted when a portable sign is not in use, and would require that a permit be obtained under this by-law, except for a banner with a maximum sign area of less than 1 m 2 or one that is advertising the activities of a charity or community organization. No more than 3 permits issued for a single business at a single property in a calendar year, provided that one additional permit may be issued if the Director is satisfied that a business opening or closing event will be advertised. One permit period of a maximum of 45 consecutive days. Securely attached to a single building, structure or fence or in an alternative manner that is satisfactory to the Chief Building Official. Maximum sign area of 5.0 m 2 Staff are not recommending any changes to the by-law that would require non-profit or charitable organizations to obtain a permit or be charged a fee as long as they comply with the current regulation. Concerns have been received from business owners about enforcement of banners, particularly associated with outdoor patios. To address those concerns, staff recommends that the Sign By-law be amended as follows: Commercial Businesses, Restaurants, Outdoor Patios Banner with a sign area less than 1 m 2 will be subject to the requirements of the bylaw but will not require a permit.

6 Page 6 of Report PB Maximum one banner sign with a sign area less than 1 m 2 per property or business (banners greater than 1 m 2. will require a permit). A banner sign shall be erected on a property so as not to interfere with pedestrian or vehicular traffic, must be maintained and safely secured so as to not cause a hazard. Shall not be interconnected between poles, trees, gates and or two separate items. Shall not be mounted or attached to another sign or portable sign as defined in this by-law. No banner shall be erected on a median or traffic island. Car Dealerships and Home Builder/Temporary Sales Office Businesses that have the principle operation of the sale of new or used vehicles (Car Dealerships) sales or the construction of new homes (Home builder/temporary sales Office) are exempt from a permit for a flag or banner, provided that the following are met: The banners or corporate flags are fully contained on the property of the Car Dealership or temporary sales office. The banners or flags are attached, secured so as to not cause a hazard. Flags are securely attached at one end to a pole. The banners are not interconnected between poles, trees and or two separate items. Road Allowance A banner sign may be erected within the road allowance subject to the prior approval by the Director of Roads and Parks Maintenance or his/her designate with respect to location, design, size and means of illumination: Community service organizations Farm produce directional signs. Identification and directional signs for a place of worship. Tourism and essential service signs Regional and City public awareness information signs A charitable organization

7 Page 7 of Report PB Enforcement All by-law enforcement staff will work with local businesses to ensure they are aware of the sign by-law regulations and to assist them to comply. 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 fees are proposed to be as follows; Permit Fees $ for a period 45 consecutive days. $70.00 for a period of 7 consecutive days for grand opening or closing.

8 Page 8 of Report PB Total Financial Impact Excessive signage, like litter and graffiti, can detract from the quality of the urban environment and from the limited green areas of the City. The by-law will have the effect through better management of reducing signage, especially as it relates to the use and time durations for banner signs. Environmental Matters: The issue of expanding the permissions within the sign by-law to permit banners has been the subject of a number of community consultation events, including stakeholder consultation, public information sessions and meetings before committee. The subject proposed amendments are the result of these consultation processes. Any approved amendments to the sign by-law will be communicated to residents and businesses and members of the sign industry through various means, including correspondence to those involved, City Talk, advertising in the local media, the City s web page and communications on our front counter at City Hall. Public Engagement Matters: The issue of expanding the permissions within the sign by-law to permit banners has been the subject of a number of community consultation events, including stakeholder consultation, public information sessions and meetings before committee. The subject proposed amendments are the result of these consultation processes. Any approved amendments to the sign by-law will be communicated to residents and businesses and members of the sign industry through various means, including correspondence to those involved, City Talk, advertising in the local media, the City s web page and communications on our front counter at City Hall. Conclusion: Staff have determined that there is a need for more advertising options within the business community, with a variety of opinions on the use of banner signs. While opinions vary about the use of banner signs and flags, from a legal perspective, it is both desirable and appropriate at this time to amend the by-law to permit banner signs/flag, subject to specific regulations outlined in the by-law amendment, attached as Appendix C.

9 Page 9 of Report PB Respectfully submitted, Tracey Burrows, Manager - By-law Enforcement & Licensing ext.7628 Appendices: a. A. Planning and Building report PB-03/13 b. B Sign By-law Survey and Survey Comments c. C. XXX-2014 Amended Sign By-law Notifications: (after Council decision) Name: Sign Industry Mailing or Address: Approved by: Bruce Krushelnicki, Director of Planning and Building Jeff Fielding, City Manager Mike Spicer, Director of Transit Reviewed by: