Advertising Signs - Removal from Residential Properties

The North York Community Council recommends the adoption of the following report (April12, 1999) from the Director and Deputy Chief Building Official:

Purpose:

The North-York Community Council on January 20, 1999 had before it a resolution regarding the removal of land development signs placed on residential properties after the completion of construction.

This report, requested by Community Council, will review the existing Sign By-law and Building Division procedures with respect to Land Development Signs placed on construction sites of single family dwellings and will make recommendations for the control, removal and placement of these signs.

The report will also review the existing provision in the Sign By-law and how they control the placement of advertising and posters on hoarding around construction sites and enforcement issues related to signs placed on private property and the public road allowance.

It should be noted that the provisions, enforcement and inspections of signs under the Sign By-law is currently under review. As of the date of this report there has been no decision on the services to be provided and where and how these service will be delivered.

Recommendations:

(1)enforcement of the existing provisions of the Sign By-law:

(i)the Building Division of Urban Planning and Development Services continue to enforce the provisions of the Sign By-law as they pertain to land development signs, construction signs and posters on construction hoarding as off premise signs, until such time as the review of the Sign By-law across the City is complete;

(2)that the City Solicitor be requested to prepare amendments to the Sign By-law as it pertains to land development signs as follows:

(i)define construction signs to avoid any confusion with Land Development signs as follows: "a Construction Sign is a temporary sign without a foundation, which is used to advertise the work or company performing work on a property or structure, which may only be displayed while the specific work related to that sign is in progress and has a maximum area of 1.1 sq. metres (12 sq. ft.), in a single family residential zone." Further require the removal of construction signs once the work the sign was advertising is substantially complete;

(ii)limit the time frame that land development signs are permitted to remain to a maximum of six months after the issuance of a sign permit or 30 days after a construction is substantial complete;

(iii)limit the number of renewals of a permit for a Land Development sign to one, so that, the maximum length of time any land development sign could remain is one year. Further, do not allow for the renewal or subsequent permits for a land development sign, if an application for a building permit has not been submitted for the subject property; and

(iv)reduce the permitted sign area of land development signs in residential zones to 20 square feet for each lot, and where two or more lots are contiguous permit an individual sign to have a sign area equal to that permitted for each lot to a maximum of 80 square feet; and

(3)that the City Solicitor be requested to prepare amendments to the Sign By-law as it pertains to posters on construction hoarding:

(i)specifically prohibit posters on hoarding unless approved by the Community Council in the form of a variance to the By-law.

Discussion:

Current Sign By-law Regulations:

Land Development Signs:

The existing North-York Sign By-law No. 30788, as amended, contains regulations for the size, location and length of time that Land Development Signs related to the construction of single family dwellings. The regulations are found in Sub-Section 4.6.2 of the Sign By-law.

Land development is defined in the Sign By-law as follows:

Development of vacant land or the development, redevelopment, or construction of a building including the initial selling or leasing information but shall not include minor interior changes to an existing building.

Following is an overview of the existing regulations for Land Development Signs in single family residential zones:

In R1 to R5 zones one land development ground sign with a maximum area of 32.3 square feet is permitted for each lot.

Where two or more lots are contiguous in lieu of individual signs the signs may be combined into one sign with a maximum area of 107 square feet.

The maximum time the signs can remain in place is for one year after the sign permit is issued.

Construction Signs:

Section 2.8.7 of the Sign By-law permits non-illuminated construction signs with a sign area of 50.6 square feet on a "land development" site without a permit, provided the sign is removed within 90 days of the completion of the project. The Sign By-law does not define or regulate what constitutes a construction sign.

Although, construction signs are not defined in the Sign By-law the intent was to allow for signs to advertise the work of contractors, taking place to a building on a specific property.

Single Family Residential Construction Sites

Land Development Signs vs. Construction Signs:

The sections of the Sign By-law dealing with Land Development signs and Construction Signs contradict one another. As previously stated the Sign By-law permits land development signs subject to the regulations of Sub-Section 4.6.2.; the Sign By-law also permits construction signs without defining them or requiring a permit for their placement in Sub-Section 2.8.7.

Since the Sign By-law does not define construction signs it could be argued that some land development signs are construction signs, and their placement does not require a permit. This anomaly could be used to circumvent the requirements in the By-law to control and regulate land development signs, and should be addressed. If construction signs are defined, as recommended, it would clearly distinguish a construction sign from a land development sign.

Length of Time Land Development Signs are Permitted to Remain:

Land Development Signs are presently permitted to remain in place for one year after the issuance of a permit. This time period could be increased by renewing the existing permit or by applying for a new permit. This may have a negative impact on the surrounding area by allowing a land development sign to remain in place for a significant length of time during a protracted approval process. In established residential areas this would not be desirable, particularly for infill housing projects.

Advertising on Hoarding

Prohibiting Signs:

The existing Sign By-law does not contain any specific references or regulations for advertising signs or posters placed on hoarding, however, there are provisions prohibiting off premise signs. Prohibited signs are listed in Sub-section 2.9 of the Sign By-law.

Sentence 2.9.15 of the Sign By-law specifically prohibits off premise signs, which is defined as follows:

"Means an advertisement related to a to a business or manufacturing enterprise or other activity not conducted within the building or upon the premises on which the sign is erected."

This section of the Sign By-law could be utilized to prohibit the placing of signs or posters on hoarding typically found around construction sites. However, specific reference in the Sign By-law prohibiting the placing of posters on hoarding would clarify the existing provisions of the By-law.

Enforcement Issues

Private Property:

The enforcement provisions of the Sign By-law are found in Section 2.7. This section outlines action that can be taken when dealing with unsafe signs, illegal signs or signs erected without a permit.

Any sign which is unsafe or does not comply with the provisions of the Sign By-law, whether a permit was issued or not, must be removed by the owner of the property upon receiving written notification from the Building Division. The notice stipulates the nature of the contravention and specifies a time frame for compliance. These notifications are standard "Notice of Violation" forms, which are completed and issued by the sign inspector.

The Building Division also has the authority to remove unsafe signs, illegal signs or signs erected without a permit where the owner fails to comply with a Notice of Violation within the time specified. These signs can be removed without any further notifications to the owner. In addition, the cost of the removal of the sign could be passed on to the owner of the property, and this cost collected in the same manner as municipal taxes

Public Property:

Currently, signs erected illegally on City property are removed by a Works and Emergency Services staff member working with Building Division Sign Inspectors. This placement has resulted in a more timely response to complaints regarding illegal signs and in the removal of over 10,500 illegal signs last year.

Signs which are removed are stored within a locked enclosure in two Works yards. Sign owners are able to reclaim their signs upon payment of a one hundred dollar fee. This fee is used to offset storage and handling costs. There are no provisions within the Sign By-law to allow for the recovery of the cost of removing signs from City property.

Conclusion

The reduction in the size of permitted Land Development signs should reduce the negative visual impact these signs have on the existing neighbourhood. In addition defining construction signs in the Sign By-law would prevent the provisions regulating Land Development Signs from being circumvented.

The reduction in the time that a development sign is permitted to remain, and limiting the renewal of these permits should also any reduce the negative impact a sign may create.

Effective enforcement of the current provisions of the Sign By-law when dealing with posters on hoarding is difficult. If the recommended changes are made to the Sign By-law, with respect to advertising on hoarding, it will allow the Building Division to enforce these provisions on the property owners more effectively.

Contact Name

Mario Angelucci P.Eng.

Manager Plan Review

395-7535

A recorded vote on a motion moved by Councillor Moscoe, North York Spadina, that posters on hoarding be permitted only in non-residential areas, in residential zones but only when approved by Council as a variance to the Sign By-law, was as follows:

FOR:Councillors Moscoe, Gardner, Chong

AGAINST:Councillors Mammoliti, Li Preti, Feldman, Berger, Flint, Shiner

ABSENT:Councillors Sgro, Augimeri, Filion, Minnan-Wong, King

Lost