Variance from Chapter 297, Signs,
of the Former City of Toronto Municipal Code -
731 Yonge Street (Downtown)
The Toronto Community Council recommends the adoption of the following motion
by Councillor Rae:
"WHEREAS the applicant proposes to alter a legal non-conforming roof sign by
adding a colour LED Display unit with electronic message display and animated copy
features; and
WHEREAS the proposed alteration does not comply with Chapter 297, Signs, of the
former City of Toronto Municipal Code and is the subject of a minor variance
application; and
WHEREAS the Commissioner of Urban Planning and Development Services in her
report dated July 21, 1998 has recommended that the application be refused;
NOW THEREFORE BE IT RESOLVED THAT City Council approve the application
to permit the alteration of a legal non-conforming roof sign to accommodate an LED
Display unit with electronic message display and animated copy features as illustrated
on Figure 2 of the report (July 21, 1998) from the Commissioner of Urban Planning
and Development Services, provided that the owner of 731 Yonge Street does not erect
any additional signage structure anywhere along the top of the building, above the
second floor windows."
The Toronto Community Council submits the following report (July 21, 1998) from
the Commissioner of Urban Planning and Development Services:
Purpose:
To review and make recommendations respecting an application for variances to permit the
alteration of a legal non-conforming roof sign.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
It is recommended that:
City Council refuse Application No. 998053 respecting minor variances from Chapter 297,
Signs, of the former City of Toronto Municipal Code to permit the alteration of a legal
non-conforming roof sign.
Comments:
The property is located on the south-east corner of Bloor Street East and Yonge Street, in a
mixed-use (commercial/residential) district within the Bloor Yorkville Business
Improvement Area. This intersection is identified as a prominent area in the former City of
Toronto's Official Plan. The property accommodates a two storey commercial building The
applicant is requesting permission to alter a legal non-conforming roof sign by adding a
colour LED Display unit with electronic message display and animated copy features (see
Figure 2).
The sign does not comply with Chapter 297 of the Municipal Code in the following ways:
1.the extension and alteration of a legal non-conforming roof sign is not permitted;
2.the height of sign will increase from 19.1 metres to 20.3 metres;
3.the Municipal Code prohibits signs which contain animated or changeable copy unless
specifically permitted by the Code. Electronic message display and animated copy are not
permitted in this district;
4. the sign is located within 60 metres of other 3rd party signs;
5.the sign faces both Yonge and Bloor Streets; and
6.more than 1 roof sign is located at 731 Yonge Street.
The first and second variances occur because the existing sign would be altered to
accommodate an LED Display unit which would project 0.6 metres above the height of the
existing sign. Roof signs are currently prohibited in all CR and MCR districts. The former
City of Toronto Council adopted this prohibition because their unsightly support structures
detract from the streetscape and negatively impact the skyline views along our commercial
streets and from adjacent residential uses. Signs which were legally erected prior to the
passing of the by-law and which do not conform to the current sign provisions of the
Municipal Code are permitted to remain with a legal non-conforming status.
At its meeting of April 1 and 2, 1996, the former City of Toronto Council adopted By-law
1996-0168 to further amend the sign regulations of Chapter 297 of the Municipal Code by
deleting the as-of-right replacement provisions for legal non-conforming signs city-wide.
City Council adopted this recommendation because it was felt that the continued
replacement of non-conforming signs would serve to prolong the lifespan of signs in areas
where Council had decided that they are no longer desired. By permitting the erection of
new non-conforming signs, the goal of attrition would take much longer to achieve. While
the signs= faces and attributes can be changed, no changes are permitted to the sign
structure, location or height of legal non-conforming signs.
In this instance, while no change is proposed to the location of the sign or its support
elements, the sign structure will be substantially altered and its height will be increased
which, in my opinion, contradicts the intent of these provisions.
The third variance occurs because the sign will contain a colour LED Display unit with
electronic message display and animated copy features that are not permitted in a CR
district. In the past, I have only recommended approval of electronic message display signs
in a few, very specific circumstances. They have been recommended for public theatres,
stadiums and places of amusement, as well as in the Financial District and the specialty
retail area at the intersection of Yonge and Dundas Streets. In these instances, the scale of
the buildings and/or intensity and nature of the commercial activity made such signs
acceptable. Further, in all cases the recommended signage was for exclusively or primarily
first party advertising.
Care has been taken with electronic message display signs in recognition of their dynamic
character which heightens their visibility and their potentially negative impact on the
streetscape. In most cases the electronic message display component has been modest in size
and has been designed as an integral part of the building not adversely detracting from or
otherwise affecting the adjacent uses. Other applications for electronic message display
signs have been recommended for refusal or the applicant has been persuaded not to apply
or to select an alternative sign type.
In this instance, the existing sign is a traditional roof sign in that it is located 10.6 metres
above the roof of the building, exceeding the heights of buildings in the immediate area. The
sign consists of an illuminated sign panel oriented north-west which is supported by 6 metal
posts anchored to the roof. The proposed LED Display unit would be anchored to the
existing sign panel and would be centrally located on the existing sign. The precedent of
approving electronic message display and animated copy features on a sign type that is no
longer permitted in this district and in an area where they are no longer desirable is of great
concern and, in my opinion, would result in a negative impact with city-wide implications.
The last three variances respecting the sign=s proximity to other 3rd party signs, its
orientation towards Bloor and Yonge Street and more than one roof sign on the building
reflect the existing situation.
Given the prohibition of roof signs in this district and the deletion of the replacement
provisions for legal non-conforming signs, I consider the requested variances to be
significant and not within the general intent and purpose of Chapter 297 of the Municipal
Code. If approved the sign will, in my opinion, set a negative precedent with city-wide
implications. I am, therefore, recommending that this application be refused.
Contact Name:
Lora Mazzocca
Telephone: (416) 392-0421
Fax: (416) 392-7536
E-Mail: lmazzocc@city.toronto.on.ca
