March 5, 1998

To: Urban Environment and Development Committee

From: Interim Functional Lead - Transportation

Subject: Prohibition of Advertising Signs abutting the F.G. Gardiner Expressway ( formerly Queen Elizabeth Way), Eglinton Avenue West, Highway No. 2, Highway No. 2A, and Highway 27

Purpose:

The purpose of this report is to obtain authority to amend former Metropolitan Toronto By-law 211-79 to prohibit the installation of third party advertising signs abutting those sections of former provincial highways transferred to the former Municipality of Metropolitan Toronto on April 1, 1997.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications to the City through the enactment of the requested by-law amendment.

Recommendation:

It is recommended that the former Metropolitan Toronto By-law 211-79 be amended to include the road sections shown in Table No. 1, entitled "Third Party Advertising (45m Prohibition)" attached to this report and to authorize appropriate staff to take the necessary steps to give effect thereto.

Council Reference/Background/History:

At their meeting of March 26, 1997, the former Metro Council adopted Clause No. 1 of Report No. 7 of the Planning and Transportation Committee entitled "Transfer of Parts of the Queen Elizabeth Way, Eglinton Avenue West, Highway No. 2, Highway No. 2A and Highway No. 27". In adopting the report Council:

1. designated the aforementioned roads as controlled access roads;
2. designated them a through highway; and
3. enacted regulations pertaining to the control of traffic on the subject sections of road.

Discussion:

For the purpose of this report first party signs are defined as those directly associated with the ownership of the property on which they are erected. Second party signs are defined as those advertising the goods wares or services of the tenant(s) or occupant(s) of the property owner on which the sign(s) is erected. Third party signs are defined as those advertising the goods or services of a company or individual who is neither the owner(s), tenant(s) or occupant(s) of the property on which the sign is erected.

Prior to the road sections mentioned earlier in this report being transferred to the Metropolitan Toronto, signs abutting them were regulated by Section No. 34 (2)(c), of the Public Transportation and Highway Improvement Act. Under the Act, no person shall, except under permit therefore from the Minister:

1. place any sign notice or advertising device whether it contains words or not other than one sign not more than sixty centimeters by thirty centimeters in size displaying the name or the name of the occupation of the owner of the premise to which it is affixed or the name of such premise within 400 meters of any limit of a controlled access highway.

When the road sections were transferred to Metropolitan Toronto, the provisions of this section of the Act lapsed and therefore it is now necessary to enact appropriate regulations. The placement of signs adjacent to a number of sections of the former Metro road system is regulated by By-law 211-79 which reads in part as follows:

1. no person shall use any land within any land here-in-after defined for the erection or the display of any sign, bill board or advertising device other than signs advertising the property on which they are erected for sale or signs identifying or advertising ownership or the products of the owners or occupants of such land or directional signs at each point of ingress or egress from such land.

This restriction applies to an area within 45m of the designated road section as itemized in Table No. 2.

Between April 1, 1997, to date, there have been six (6) sign approvals granted for lands abutting the F.G. Gardiner Expressway (formerly the Queen Elizabeth Way) and four (4) for lands abutting the Highway 27. These signs were located at a distance greater than 45m (approximately 150 feet) from any portion of the F.G. Gardiner Expressway (formerly the Queen Elizabeth Way) and Highway 27.

The proposed amendments to By-law 211-79 will add the road sections listed in Table No. 1 to the list of roads in By-law 211-79 whereby the placement of third party signs is restricted to a distance greater than 45m (approximately 150 feet) from any portion of the designated road section.

Conclusions:

The sections of roads transferred to the former Municipality of Metropolitan Toronto by the Province should be protected from advertising signs to the same degree as comparable road sections existing within the City of Toronto main (formerly Metro) road network.

Contact Name:

Keeva G. Lane, Supervisor, Road Allowance Control, Transportation

Phone No.: (416) 392-9312

Fax No.: (416) 392-9317

E-mail Address: keeva_lane.metrodesk.metrotor.on.ca

Douglas P. Floyd

Interim Functional Lead - Transportation

Reviewed by Barry Gutteridge

Commissioner, Works and Emergency Services

KGL/mbg

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TABLE NO. 1

THIRD PARTY ADVERTISING

(45m Prohibition)

TABLE NO. 2

EXISTING

THIRD PARTY ADVERTISING

(45m Prohibition)

KGL/mbg

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