The Toronto Community Council recommends that:

(1) the Draft By-law attached to the report (March 25, 1998) of the Toronto Community Council Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto; and

(2) the recommendation of the report (March 18, 1998) from the Commissioner, Urban Planning and Development Services be adopted.

The Toronto Community Council reports, for the information of Council, that notice of the public hearing was given in accordance with the Municipal Act. The public hearing was held on April 2, 1998 and Mr. Blair Murdock, Vice President, Mediacom Inc. addressed the Toronto Community Council.

The Toronto Community Council submits the following report (March 25, 1998) from the Toronto Community Council Solicitor:

Purpose:

This report provides the necessary draft by-law amendment to implement the recommendation of the report of the Commissioner of Urban Planning and Development Services.

Funding Sources, Financial Implications and Impact Statement:

The enactment of the Draft By-law has no financial implications or impact for the City of Toronto. It requires no funding.

Recommendations:

It is recommended:

1. That the Toronto Community Council hold a public meeting in respect of the Draft By-law in accordance with the provisions of the Municipal Act.

Following the public meeting and in the event the Toronto Community Council wishes to approve the Draft By-law, it could recommend:

2. That the Draft By-law attached to the report (March 25, 1998) of the Toronto Community Council Solicitor be approved and that authority be granted to introduce the necessary Bill in Council to give effect thereto.

3. That the recommendation of the report of the Commissioner of Urban Planning and Development Services (March 18, 1998) be adopted.

Council Reference/Background/History:

The Toronto Community Council will have before it the report of the Commissioner of Urban Planning and Development Services (March 18, 1998) recommending a draft sign by-law respecting technical amendments for mural signs. Attached is the recommended by-law for consideration with such report.

Comments and/or Discussion and/or Justification:

The draft by-law implements the recommendation of the report of the Commissioner of Urban Planning and Development Services and is submitted for your consideration.

Conclusions:

Not applicable.

Contact Name: William Hawryliw, Solicitor

Telephone: (416) 392-7237

Fax: (416) 392-0024

E-Mail: whawryli@city.toronto.on.ca

Authority: Toronto Community Council

Report No. ( ), adopted by Council on

Intended for first presentation to Council:

Adopted by Council:

To amend the former City of Toronto Municipal Code Ch. 297, Signs,

respecting Mural Signs.

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Section 297-10 of Chapter 297, Signs, of the former City Toronto Municipal Code is amended as follows:

A. By deleting in Subsection D(11)(c) the word "non-illuminated".

B. By renumbering Subsection D(11)(d) and D(11)(e) as Subsection D(11)(e) and D(11)(f).

C. By inserting after Subsection D(11)(c) the following:

(d) In the case of a non-illuminated mural sign located on a wall not facing a street in an I zone district, the maximum permitted height of the sign does not exceed the fourth storey or fifteen (15) metres above grade, whichever is less.

D. By deleting Subsection F(1) and F(2) and substituting the following:

(1) No person shall erect or display or cause to be erected or displayed a fascia, ground, roof, pedestal or illuminated mural sign used for the purposes of third party advertising unless it is separated by a minimum radius of sixty (60) metres from any other such sign used for the purposes of third party advertising;

E. By renumbering Subsection F(3) as Subsection F(2).

2. Section 297-12O(3) is amended by deleting the phase "not less than forty-five hundredths (0.45) metre and".

The Toronto Community Council also submits the following report (March 18, 1998) from the Commissioner, Urban Planning and Development Services:

Purpose: To bring forward minor amendments to the existing provisions for mural signs. These changes are required to further clarify the provisions and correct errors in Chapter 297 of the Municipal Code, Signs, of the former City of Toronto.

Source of Funds: Not Applicable.

Recommendation:

1. That the City Solicitor be requested to submit a draft by-law, in consultation with the Commissioner of Urban Planning and Development Services, to amend Chapter 297 of the Municipal Code of the former City of Toronto, substantially as follows:

a) Clarify that the height restriction of up to the fourth floor or 15 metres above grade, whichever is less, applies to non-illuminated mural signs not facing a street in I districts and to all mural signs not facing a street in CR, MCR, RA, T and Tr zones.

b) Delete the minimum projection requirement of 0.45 metres for three-dimensional sign copy in conjunction with a mural sign permitted under Section 12.O.

c) Clarify that the separation distance between fascia, ground, roof, pedestal and illuminated mural signs used for the purposes of third-party advertising is 60 metres measured radially.

Comments:

1.0 Background

At its meeting of October 6 and 7, 1997, the City Council of the former City of Toronto adopted my reports dated July 30, 1997 and September 19, 1997 concerning proposed amendments to fascia and mural sign regulations. City Council also enacted By-law 1997-0606 which implemented these proposals.

This by-law amended the provisions for third party fascia and all types of mural signs. The signs were restricted to a maximum height of four floors or 15 metres above grade, whichever is less. The by-law also introduced an area-specific permission that allows three-dimensional sign components in conjunction with non-illuminated mural signs in two downtown areas. These districts include a portion of King-Spadina east of Spadina Avenue and Yonge Street, between Bloor Street and Front Street, as well as the area bounded by Yonge Street, Gerrard Street East, Front Street and Jarvis Street which contains the Yonge-Dundas Reinvestment Area and Theatre Block (Map 1).

2.0 Technical Amendments for Mural Signs

Prior to October, 1997 there was no height limit for third party fascia signs in CR, MCR, RA, T and Tr zoned districts nor for mural signs in any district where they are permitted. My reports dated July 30, 1997 and September 19, 1997 outlined some of the problems that occurred when such signs are located on the side walls of tall buildings including impacts on residential dwellings in nearby buildings.

The Council of the former City of Toronto adopted my recommendation to apply a height limit of up to four floors or 15 metres above grade to third party fascia signs in commercial districts and to all types of mural signs (non-illuminated and illuminated) where they are permitted. The amendment also standardized the height provisions for these types of wall signs since third party fascia signs were already limited to 15 metres in I zoned districts.

The implementing by-law (By-law 1997-0606) included minor typographical errors and did not implement the recommendations effectively. To correct these errors, the following amendments should be made to Chapter 297-10D(11) concerning general regulations for mural signs in the former City of Toronto:

Remove the word "non-illuminated" in the following subsection:

(c) In the case of a non-illuminated mural sign located on a wall not facing a street in a CR, MCR, RA, T and Tr zone district, the maximum permitted height of the sign does not exceed the fourth storey or fifteen (15) metres above grade, whichever is less;

and add the following subsection:

(x) In the case of a non-illuminated mural sign located on a wall not facing a street in an I zoned district, the maximum permitted height of the sign does not exceed the fourth storey or fifteen (15) metres above grade, whichever is less;

3.0 Amendments to Area-Specific Provisions for Three-Dimensional Sign Copy in Conjunction with Mural Signs

Chapter 297-12.0 permits the inclusion of three-dimensional sign elements in conjunction with non-illuminated mural signs in certain entertainment and shopping districts in the dowtown. These "three-dimensional" sign attributes are a relatively new phenomenon and were not permitted prior to By-law 1997-0606. Examples of this type of multi-media mural sign which have been erected in the former City of Toronto are attached in Appendix A.

In these types of signs the text or graphics may appear as if in "relief". Portions of the sign copy project outward from the painted surface of the wall. The overall effect is a sign where the image appears stamped or carved out, such as a contour map. The degree of projection is not standardized and is dependent upon the scale of the object being depicted among other factors. The purpose of the amendments approved in October, 1997 was to facilitate these types of signs.

Section 12.0 (3) of Chapter 297 of the Municipal Code specifically stipulates that:

"For the purposes of this exception, "three-dimensional copy" means copy that renders a recognizable object in three-dimensions and projects not less than forty-five hundredths (0.45) metre and not more than one (1) metre from the wall or parapet wall, but does include a flag, banner, pennant or poster panel."

A 0.45 metre minimum requirement was introduced as a measure to ensure that the "three-dimensional" sign copy provision does not result in the installation of a standard outdoor advertising poster panel on a painted background. The intent of the provision was to permit signs in which the painted mural and three-dimensional elements are integrated visually.

Sign industry representatives have indicated that the 0.45 metre (approximately 18 inches) minimum projection requirement is difficult to achieve on most of their sites. Furthermore, this requirement does not effectively ensure that the two sign components are integrated.

The by-law clearly stipulates that three-dimensional sign copy refers to copy that renders a recognizable object in three-dimensions and that it must be an integrated part of the whole sign copy. In addition, the by-law stipulates that a poster panel, an industry term for a standard billboard sign, does not constitute three-dimensional copy. In light of these other requirements, the minimum projection requirement can be removed without affecting the intent of this provision. Deleting this restriction still implements the planning objectives of the October, 1997 amendments and, at the same time, allows more flexibility for the sign companies who create these multi-media signs.

4.0 Separation of Signs

Section 10.F(2) of Chapter 297 of the Municipal Code deals with the separation distance between signs used for the purposes of third party advertising. The separation requirement is necessary to prevent sign clutter. Prior to 1996, the required separation distance varied dependent upon the type of sign. As the present requirement is 60 metres (measured radially) for all kinds of advertising signs excluding non-illuminated mural signs, this provision should be simplified by removing the table contained in Section F(2) and inserting the following:

F(2) The required separation distance between fascia, ground, roof, pedestal and illuminated mural signs used for the purposes of third party advertising is a minimum radius of 60 metres.

Conclusion:

The technical amendments proposed in this report will simplify the current regulations and clarify the intent of specific provisions associated with mural signs. In addition, a minor amendment is proposed that would allow sign companies greater flexibility in designing and erecting three-dimensional mural signs without compromising planning objectives for a visually integrated sign.

Contact Name: Paulina Mikicich

Telephone: (416) 392-0872

Fax: (416) 392-7536

E-Mail: pmikicic@city.toronto.on.ca