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5. PERMANENT SIGNS ON PRIVATE PROPERTY BY-LAW 2005-439 – REVIEW AND TECHNICAL AMENDMENTS

RÈGLEMENT 2005-439 RÉGISSANT LES ENSEIGNES PERMANENTES SUR LES PROPRIÉTÉS PRIVÉES – EXAMEN ET MODIFICATIONS TECHNIQUES

Committee recommendation

That Council approve amendments to the Permanent Signs on Private Property By-law No. 2005-439, as amended, as detailed in Documents 1 and 2.

Recommandation DU Comité

Que le Conseil approuve les modifications au Règlement 2005-439 régissant les enseignes permanentes sur les propriétés privées, tel que modifié, comme il est expliqué en détail dans les documents 1 et 2.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 21 December 2011 (ACS2012-ICS-PGM-0013).

2. Extract of Draft Minutes, Planning Committee meeting of 10 January 2012.

Report to/Rapport au :

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

21 December 2011 / le 21 décembre 2011

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager,

Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités

Contact Person/Personne ressource : Arlene Grégoire, Director of Building Code Services

and Chief Building Official/Directrice des services due code du bâtiment et chef du service

du bâtiment, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 41425, arlene.gregoire@ottawa.ca

City Wide

Ref N°: ACS2012-ICS-PGM-0013

SUBJECT:

PERMANENT SIGNS ON PRIVATE PROPERTY BY-LAW 2005-439 – REVIEW AND TECHNICAL AMENDMENTS

OBJET :

RÈGLEMENT 2005-439 RÉGISSANT LES ENSEIGNES PERMANENTES SUR LES PROPRIÉTÉS PRIVÉES – EXAMEN ET MODIFICATIONS TECHNIQUES

REPORT RECOMMENDATION

That the Planning Committee recommend Council approve amendments to the Permanent Signs on Private Property By-law No. 2005-439, as amended, as detailed in Documents 1 and 2.

Recommandation du rapport

Que le Comité de l’urbanisme recommande au Conseil d’approuver les modifications au Règlement 2005-439 régissant les enseignes permanentes sur les propriétés privées, tel que modifié, comme il est expliqué en détail dans les documents 1 et 2.

EXECUTIVE sUMMARY

A review of the Permanent Signs on Private Property By-law is completed periodically to identify any required adjustments and refinements to the By-law.

The focus of these reviews is to ensure the By-law remains relevant, rather than to make in-depth recommendations of the existing regulatory framework.

This report recommends a number of small enhancements to the By-law to provide flexibilty to property owners while maintaining consistency with the intent of the By-law and the City’s design guidelines. This particular review of the By-law will address the following:

· the setback to a residential zone for non-illuminated ground signs;

· ground signs for retirement homes zoned residential;

· the calculation of the permitted scale for a changeable message centre;

· ground signs for shopping centres;

· information signs placed on walls;

· rental information and contractor signage;

· murals in residential areas, parks, and on heritage buildings and structures; and

· billboard signs in hydro corridors.

In addition, a number of minor anomalies to the various provisions of the By-law are proposed to be corrected.

There was limited response to the consultation, and no objections were received on the proposed changes.

Background

Signs on private property in Ottawa are regulated under two by-laws: one for temporary signs; and the other for permanent signs. Since the adoption of the Permanent Signs on Private Property By-law, the By-law has been monitored to ensure consistency with the Zoning By-law, to identify changes in response to industry-led technological developments, to address anomalies and to clarify regulations in order to promote voluntary compliance. This review does not deal with signs located on the City’s road allowances.

The intent of the Permanent Signs on Private Property By-law is to ensure that permanent signs are appropriate within their context and consistent in terms of scale, location and illumination, and in line with the Official Plan and the Zoning By-law. In addition, the By-law ensures public safety and limits sign proliferation in the city. These objectives are achieved through the grouping of different areas of the city into five signage districts (which are linked to the Zoning By-law) that allow for an increase in the size, type and illumination of signage, from low scale residential areas to high intensity commercial and industrial lands. Signs are used for advertising, identification or information and can be installed in the ground or on walls. In certain circumstances, signs can incorporate a changeable message centre, or be a third-party advertising billboard or an artistic mural.

DISCUSSION

Separation Distances for Identification Ground Signs

This type of sign is installed in the ground, and identifies an on-premise use (typically a business, a school or place of worship, for example).

Currently, both illuminated and non‑illuminated ground signs must be at least 30 metres away from a residential building in a residential zone. Given that non-illuminated signs have significantly less impact than illuminated signs, the separation required could be reduced. A separation distance of at least 6 metres away from a residential use is recommended for an identification ground sign which is not illuminated. The By-law currently requires a 1.5 metre setback from the sign to the property line and this would continue to apply. However, the new provision would override the existing 1.5 metre setback from the property line where an abutting residential building is located less than 4.5 metres on the other side of the same property line, so as to always ensure a minimum 6 metre separation distance between the sign and a residential building on an abutting property.

Ground Signs for Retirement Homes

An apartment building or a townhouse development with more than 10 dwelling units and located in a residential zone (that is, in a District 2 designation in the By-law), may have a small identification ground sign. Residential retirement homes in the same sign district are presently not permitted a ground sign. There have been requests to have a sign for a retirement home similar to retirement homes in institutional zones (District 3 designation) which are permitted to have a ground sign.

It is recommended to allow the same type of residential ground sign for this use, as with apartments and townhouses, with a maximum size of up to 3 square metres in area, with a maximum height of 2 metres. A change to allow ground signage for a retirement home of more than ten dwelling or rooming units will assist in way-finding for visitors and emergency services staff. It would also be compatible with many areas of the city as it would be relatively small in scale and could only display external illumination projected downwards to the sign.

Message Centre Signs

A message centre, being a changeable on-premises advertising or information sign comprising text only, is permitted as part of a ground sign. The allowable area is calculated as a portion of the maximum permitted area of the ground sign. It is recommended to change the method of calculation so that it is based on a portion of the size of the proposed total sign face area, rather than the allowable permitted sign size. In this way, the intended proportion of the message centre (usually 25 or 30%) in relation to the sign is maintained. This method is also more commonly utilized in other cities as the standard calculation for message centre areas. This change will ensure that the portion of the sign that is the message centre does not dominate the rest of the identification ground sign.

Maximum Number of Ground Signs at a Shopping Centre

A shopping centre facility ground sign may have an increased signage area on one street frontage, up to 20 square metres in size, and only one ground sign is permitted on that frontage when the increased signage area provision is utilized. This allows for more space on the signage to display the various tenants in the shopping centre. It is suggested that more flexibility be provided by allowing more than one sign per frontage, but retaining the total permitted sign size.

There are instances where the owners of a multiple tenant facility would like to have the option of having two or three signs along the same frontage to allow their larger tenants an individual ground sign. The standard separation of at least 30 metres would still be required between these smaller ground signs along the street frontage.

As well, any sign over 14 square metres in size must comprise at least 3 square metres for the identification of the shopping centre. This is proposed to be reduced to an area of 2 square metres, but with a new minimum requirement of 0.5 square metres for the display of the civic address. It is also recommended to have the address displayed in an area of the sign that is at least 1.2 metres above grade. The changes would allow more tenant identification area for a shopping centre, while ensuring that way finding addressing information is clearly visible.

Residential Rental Ground Signs

Buildings or complexes comprising townhouse, apartment or retirement home rental units often have large ground or wall signs which advertise rental information on an on-going basis. These signs are currently not permitted on a permanent basis, nor are they permitted under the Temporary Signs on Private Property By-law 2004-239, as amended, which prohibits temporary signs on lands zoned residential.

These rental signs can be better regulated by introducing new provisions to the Permanent Signs on Private Property By-law allowing limited sized rental ground signs for these types of developments of 10 dwelling or rooming units or more. Permitting these signs on a permanent basis provides owners or property management companies the ability to advertise the availability of rental units, and provides information to the public who are seeking rental accommodations. By recognizing these types of signs in the By-law, this will provide a better mechanism to regulate such signage so that they are sited properly, are of a size that would fit into the residential character of these developments, and are properly constructed, through the sign permit review process.

A maximum of one rental ground sign per street frontage per property is recommended to reduce possible visual sign clutter, since one ground identification sign for the name of the apartment or townhouse project is currently already permitted, and is also recommended to be permitted for retirement homes. However, for large rental projects, an additional rental information ground sign would be allowed where the street frontage exceeds 100 metres. A rental information ground sign would be non-illuminated.

The recommended size of the rental ground signs of up to a maximum of 1.5 metres height, with an area of up to 1.5 square metres, would be smaller than the permitted size of ground identification signs for similar developments so that the rental information remains subordinate to the identification sign (name and address of the building or project).

The new provisions and the requirement to obtain a sign permit will apply to new signs only, except as noted below. Many rental information ground signs that currently exist will now become permitted provided they comply with the regulations, and if not, the property owner will be required to comply at the time the signs are replaced, relocated, or materially altered.

However, should an existing rental information ground sign be considered a safety hazard, such as obstructing site lines or civic addresses, and a complaint has been made to 311, then the new provisions will be enforced. It is anticipated that there will be limited increased revenue from sign permits generated as a result of the introduction of this new sign category.

Contractor Construction Signs

On-premises development signs are signs that are located on a developer’s property where development is about to commence or is on-going. This sign type was introduced in 2008 as a means to provide more flexibility for the development industry to tailor their signs to their signage needs, and to reduce the requirement for multiple sign permit applications for a development. They are permitted throughout the city, but only during the period of construction and marketing of the project.

Contractors, builders or architects also often wish to display information about an individual home construction or renovation that is not part of a larger development project; but rather is taking place on a single lot situated within an existing neighbourhood. Under the development sign provisions, the maximum permitted sizes of these types of signs is based on the size of the proposed development site or subdivision, the bigger the development site, the larger the permitted sign. Within Ottawa, the minimum required sized lot for a detached dwelling can range from 195 to almost 1,500 square metres. Therefore the smallest sized permitted sign for development areas less than 550 square metres is a maximum height of 3 meters and sign face area of 2 square metres. This size can increase to a height of 5 metres and sign face area of 6 square metres for lots up to largest minimum lot sizes (1,500 square metres) for detached dwellings.

While the size provisions for the development signs are appropriate for larger-scaled development projects (eg. those subject to Site Plan Control Approval); signs of this size when located on a single residential lot within a residential community are considered too large and can obstruct site lines, thus becoming a safety hazard. Therefore, for construction or renovation projects providing information on the contractor, builder or architect on an existing lot comprising four or less dwelling or rooming units, it is recommended to permit only one non-illuminated development sign with a maximum height of 1.5 metres and maximum area of 1.4 square metres.

This would be larger in area than home-based business or bed and breakfast signs permitted on a permanent basis in residential zones (same maximum height, but maximum area of 0.5 square metres). These signs, which will be permitted only during the period of construction, will assist in way-finding of the site for construction staff, inspectors and delivery of materials.

Information Wall Signs

Information signs display on-premise text or symbols designed to give directions or instructions such as entrance/exit, parking or drive-through signage. This type of information is only currently permitted on a small ground sign. There are certain circumstances where it is difficult to have small information ground signs because the business would like to provide directions in a busy parking area; however the signs are required to be at least 0.5 metres from a driveway or parking area.

It is recommended that information signs be allowed on the face of a wall provided each sign does not exceed an area of 1 square metre, and provided the total area on that wall face for these signs does not exceed 2 square metres. This provides another option or method for accommodating on-site information signage. This is consistent with the Urban Design Guidelines for Drive-Through Facilities and Gas Stations, which promotes the use of directional signage to enhance clarity of movement patterns on site.

Mural Signs in Residential Areas and Parks

Murals, which are expressions of public art, are regulated through the Permanent Signs on Private Property By-law in order to separate them from on or off-premises advertising. These were originally limited to commercial buildings; however, over time there has been an expansion of the areas of the city permitting murals to also include industrial and institutional buildings. This, in addition to permitting murals on structures on private property (fences, retaining walls) and other surfaces (utility boxes) in the public right-of-way, is part of the City’s program to assist in preventing graffiti.

To expand the successful mural program further to deal with graffiti problems which may occur in residential areas; it is recommended that the Director of Building Code Services be delegated the authority to approve murals in residential areas (identified as a District 1 and 2 sign designations, and which includes all residential zones which permit the range of residential dwelling types from single detached to mid-high rise apartments). These murals would be limited to a residentially-zoned property which directly abuts a commercial, industrial or institutional property, subject to confirmation that the wall or structure of the building on that property has been subject to incidents of graffiti. Both murals on walls or structures in residentially-zoned properties will be subject to the same delegated authority approval process, and require concurrence of the Ward Councillor and the property owner; because this is a new initiative and that there may be a higher degree of public sensitivity with regards to the installation of murals in residential areas.

Typical residential areas where murals are proposed to be permitted would include those residentially zoned properties directly adjoining Traditional or Arterial Mainstreets such as Rideau, Bank, Montreal and Somerset Streets, or adjacent to suburban commercial plazas. Statistics related to reported incidents of graffiti on residential properties in 2010 indicate that over 30% of these incidents are occurring on residential properties which directly abut non‑residentially zoned lands. The intent is to allow murals specifically where incidents of graffiti are more likely to occur and to determine the effectiveness of any further expansions of the mural program on residential properties.

In addition, it is recommended that the By-law be amended to permit murals in “parks” which are typically zoned open space, which are also part of the District 1 or 2 designations in the By-law. While some graffiti problems in parks are on surfaces where it may be more difficult to apply murals (light posts, benches, play structures), there have been reported incidents of graffiti on buildings (usually field houses) or retaining walls in parks. It should be clarified that “community centres” and “recreation and athletic facilities” which may also be located in a District 1 and 2 designations, should also be permitted to have murals. This may have been an oversight when the provisions of the By-law were amended a few years ago to permit murals on institutional buildings.

In order to allow for these new permissions, the definition of “institutional use” will be amended to include these additional land uses. In addition, utility installations located on private property should also be permitted to have murals if located in a District 1 or 2 sign area.

Murals Signs on Structures

Currently, delegated authority approval is not required for murals on a building, but is required for murals on a structure, such as a retaining wall or fence. The approval process was originally designed this way as the potential impact of murals on structures was unknown. It has since been determined that there is no need to require a special review process for murals on structures. It would be more efficient to eliminate this additional step for approvals for murals on these types of surfaces when they are to be situated in the same land use context as current permissions for murals on buildings, namely, for institutional uses and on utility installations found in Districts 1 and 2, and elsewhere in commercial and industrial areas that are in Districts 3 and 4 of the Permanent Signs on Private Property By-law.

Mural Signs on Heritage Buildings

The painting of murals directly on brick or stone of heritage buildings, or structures such as retaining walls, can result in extensive damage which may not be reversible or may be very expensive to repair. To better reflect the intent of the Official Plan policies and the Heritage Act related to alterations to heritage buildings, specific provisions should be incorporated into the By-law’s mural provisions. It is recommended that the By-law prohibit murals on a heritage building or structure unless:

· the building or structure was already painted prior to its’ designation under the Heritage Act or listing under the City’s Heritage Reference List; or

· the mural is painted on a surface that will be properly affixed to the wall of the building or structure.

Heritage properties are easily identified by staff through the Municipal Application Partnership (MAP) database that indicates all designated properties and properties of heritage interest; Annex 4 of the Official Plan that indicates heritage conservation districts designated under Part V of the Ontario Heritage Act; and, the Zoning By-law that shows a heritage overlay on most Part IV and V properties.

There are numerous examples in Ottawa of murals painted on surfaces, such as plywood or canvas, which have been affixed in the mortar joints of the heritage buildings.

These new provisions will ensure that there is no or limited alteration to the building or structure that could result in damage to the original heritage fabric of the building. At the same time, this will accommodate the installation of murals in many parts of the city where there are concentrations of heritage buildings such as in the Central Area and along Traditional Mainstreets; areas where there has been significant interest in the installation of murals both in terms of the objective of graffiti management or as part of civic beautification initiatives.

Billboards on Hydro Corridors

There are some 27 billboard signs located within the hydro transmission lands owned by the Ontario government, consisting of a wide corridor running east to west through the southern section of the urban part of the city, with narrower north/south offshoots. These existing third party advertising signs were permitted under former municipal sign by-laws, but have since lost this status indirectly through changes in the zoning designation of the corridor.

Specifically in former Ottawa, where 21 of these signs are located, the corridor lands were rezoned in the late 1990s to open space to reflect the planning intent that they are to serve a primary role as a major utility corridor, as well as a secondary land use for linear public purposes (recreational pathways, transit routes). Since billboard sign approvals in this former municipality were subject to renewal, these have now lapsed and a renewal can no longer be issued for these billboards, as the signs are no longer permitted due to the change in zoning designation.

In the other cases, the billboards were approved by the former municipalities of Nepean and Gloucester, where renewal was not required. As a result of the more recent zoning changes to designate these lands as open space, the six billboards have simply been grandfathered since they were not subject to a renewal application process. Further, there is no possibility of any new billboards being located in corridors located in those former municipalities.

Generally, billboards are currently only permitted in industrial areas other than business parks, and in the downtown, shopping centre sites, airport lands, along major arterials and major office nodes. In the rural area, they are limited to rural industrial, highway commercial and mineral aggregate extraction sites.

It is recommended to re-instate permission for billboard signs in the hydro corridor where the lands are under the ownership of the Ontario Realty Corporation. These lands have been specifically zoned O1P under Zoning By-law 2008-250, which is an open space subzone identifying the publicly owned lands.

This would be on condition that the location of the billboard would have to abut a zone which currently permits a billboard. There would be a minimum distance of 60 metres from any residential or environmental zone, and this would be in addition to the existing provision which requires illuminated billboards which are visible to residential areas to be 300 metres from an adjacent residential use. The existing separation distances between billboards (150 metres in the urban area) will also be applicable in these corridors, as will a number of other billboard provisions. And finally, the current five year renewal requirement would continue to apply to ensure billboards remained interim uses.

This will allow the existing non-complying signs to remain, although some may still require minor variances to meet the new provisions. It will also permit a few new opportunities for new billboards within the corridor. It is anticipated however that the number of new billboards that could be installed as a result of these changes would be limited because many of the ideal locations for these signs along major roadways or near intersections are already occupied by existing billboards. Furthermore, any new sign would have to comply with the various restrictions of the By-law, particularly separation distances, and this would restrict opportunities for new signs.

Potential new signs which do not comply would require approval through the minor variance application process. This process includes a public circulation and concurrence of any decisions by the local Ward Councillor.

Anomaly Corrections

This report also deals with amendments to correct a number of identified anomalies which will affect the By-law on a city-wide basis. The suggested changes, which are minor in nature, and the reasons for those changes, are found in Document 2.

RURAL IMPLICATIONS

The recommended changes are of a city-wide nature.

CONSULTATION

Consultation consisted of a circulation of the proposed changes to all community groups, Business Improvement Associations (BIA), landlord associations, sign industry and past mural proponents. In addition, information was posted on the City’s website for the general public.

Two comments were received regarding proposed changes to mural signs and one comment with respect to rental information signs and directional signage.

One respondent suggested that murals are personal expressions of art, which should not be regulated under a by-law. They suggested that a mural be permitted when a majority of the community surrounding it is in favour of it. In response, staff can advise mural requests will continue to be coordinated through the Public Works Department’s review process, which encourages applicants consult with their local community, including the Ward Councillor, community associations, local BIA, to ensure they are aware of the project and have an opportunity to comment on the design and theme of the mural.

Another comment from a community association suggested permitting murals on garages or back sheds of residential buildings that back onto rear lanes so as to reduce graffiti. Such a new proposal for residential areas would represent a significant change to the By-law, requiring additional consultation and therefore this change is not contemplated at this time.

Finally, comments were received from the Eastern Ontario Landlord Association who were generally supportive of many of the changes proposed. However, they suggested that the proposed rental information signs be permitted for properties of six units or more, rather than 10; that two ground rental signs be permitted on longer street frontages; and, that rental information signs be permitted on walls, if the rental building is sited close to the street frontage. As well, the Association requested that directional signage be allowed in residential zones. In response, it is proposed to allow up to two ground rental information signs for properties with street frontages exceeding 100 metres. As for the other suggestions, the proposed amendments contained in this report are introductory; providing an incremental introduction of commercial signage in residential areas as a basis for measuring the impact before further reductions of the regulatory constraints are identified in order to control the proliferation of signage.

Comments by the Ward Councillor

Councillor Egli indicated support for the proposed amendments with regard to allowing murals in parks and community buildings as a great way to deter graffiti and beautify our local communities.

LEGAL IMPLICATIONS

There are no legal implications associated with this report.

RISK MANAGEMENT IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

It is anticipated that there will be limited increased revenue from sign permits generated as a result of the introduction of the new Residential Rental Ground Signs category.

ACCESSIBILITY IMPACTS

The recommendations have neither potential positive or negative impact specifically on people with disabilities and seniors.

Environmental Implications

N/A

Technology Implications

N/A

City Strategic Plan

The report is consistent with Objective 1 of the City Strategic Plan as the changes will assist to manage growth and create sustainable communities by ensuring that new growth is integrated seamlessly with established communities.

SUPPORTING DOCUMENTATION

Document 1 Details of Technical Amendments

Document 2 Details of Anomaly Corrections

DISPOSITION

City Clerk and Solicitor Department will prepare the By-law amendment for enactment by City Council.

Details of Technical Amendments Document 1

Definitions

Insert the following words into the definition of institutional use found in Section 1:

“community centre”, “park”, and “recreational and athletic facility”.

Setback from a Residential Use

Repeal Section 85 and replace with:

“The owner shall ensure that a non-illuminated identification ground sign is located at least 6 metres from a residential use within a residential zone.”

Retirement Home Ground Signs

Insert the following within subsection 101(1):

after the words and comma “ten units,” insert “or for a retirement home of more than ten dwelling or rooming units,”.

Message Centres

In subsections 102(2) and 104(2), repeal the words “of the permitted area” and replace with the words “of the sign face area”.

Repeal and subsections 106(1) and (2) and replace with:

(1) A message centre sign is permitted up to 30% of the sign face area of a ground sign in District 4.

(2) No person shall maintain a message centre on a ground sign unless the message centre is no greater that 30 % of the sign face area.

Amend Section 108B by inserting the word “is” between the words “sign” and “permitted” found in line one of the section.

Shopping Centre Signage

Repeal subsection 107(1) and replace with the provision “For a shopping centre use, the sign face area for one street frontage may be increased by no more than 6 square metres provided:

a) at least 2 square metres of the increased area is used for the shopping centre name identification and

b) the civic address is displayed, with a minimum area of 0.5 square metres and be 1.2 metres above grade, on at least one ground sign on the associated street frontage.”

Residential Rental Ground Signs

Insert a Section 111A as follows to allow:

Where the zoning permits a multiple attached dwelling, stacked dwelling, apartment dwelling low rise, apartment dwelling mid-high rise, a retirement home, or a planned unit development of these uses, an information ground sign displaying rental information is permitted for these uses on each frontage of the lot, provided:

· the use comprises at least ten dwelling units or rooming units,

· the sign is non-illuminated,

· the height of the sign does not exceed 1.5 metres and,

· the area is no larger than 1.5 square metres.

Despite the above, a second rental information ground sign would be permitted on a street frontage that exceeds 100 metres.

Mural Signs

Sections 122 to 124A are repealed and replaced by the following:

122. (1) A mural sign is permitted on a building or a structure, such as a retaining wall, fence or utility structure, in District 1, 2, 3, 4 designations.

(2) Despite subsection (1), a mural sign in District 1 and 2 designations is restricted to an institutional use or a utility installation.

122A. (1) Despite Section 122, the Director may authorize a mural sign in District 1 and District 2 designations on a building or structure for a residential use in a residential zone provided that:

(a) it complies with Section 123;

(b) it is on a property that directly abuts a commercial, industrial or institutionally zoned property;

(d) it has the concurrence of the local Ward Councillor and the property owner.

123. (1) No person shall use a mural sign for any form of commercial advertising or public information or solicitation of any kind.

(2) No person shall erect or cause to be erected or maintain a mural sign that exceeds a maximum sign face area equal to 100% of the exterior wall area of the first three storeys on which the mural sign is located.

(3) Despite subsection (1), up to 10% of the sign face of a mural sign may be utilized as an acknowledgement recognizing the sponsor of the mural sign, providing the owner of the mural sign ensures:

(a) the acknowledgement does not exceed a maximum area of 1 square metre;

(b) the acknowledgement is located at a bottom corner of the mural sign; and

(c) the acknowledgement shall be located at the lowest point of the mural sign face, if the mural is not rectangular in shape.

124. (1) No person shall paint a mural on a brick or stone wall of a building or structure that is designated under Part IV or Part V of the Ontario Heritage Act or listed as a building of heritage interest on the City’s Heritage Reference List.

(2) Despite subsection (1), a mural may be permitted:

(a) if the records of the City’s Heritage Services Unit indicate that the wall of the building or structure has been painted prior to the designation or listing of the building or structure; or

(b) if the mural is painted on a surface such as plywood or canvas that is attached to the wall of the building or structure and is fastened into the mortar joints and not through the brick or masonry itself.

124A. No owner of a mural sign shall paint a mural sign onto the exterior wall containing the main entrance to the building.

Section 19A(b) to be amended to replace reference to Section 124 with Sections 122 and 122A.

Information Wall Signs

Insert the following heading within Part 8 of the wall sign provisions and add the following provisions to allow information wall signs as follows:

Information Wall Signs

Section 129A. In Districts 3, 4 and 5, an illuminated information wall sign is permitted provided that:

it is no more than 1 square metres per sign,
it is limited to an institutional, commercial or industrial building,
the total area does not exceed 2 square metres per wall face, and
it is to be located 30 metres from a residential use in a residential zone, if visible from the residential use.

Billboards on Hydro Corridors

Insert Section 159A as follows:

A Billboard Sign is a permitted use in the O1P Subzone of the zoning by-law for a period of up to five years provided that:

only the part of the O1P Subzone that abuts a Sign District 4 is permitted to have a billboard sign,
the hydro corridor is at least 30 metres wide,
the sign is located at least 60 metres away from an adjacent residential or environmental zone, and
the sign complies with the other provisions in this By‐law for Billboard Signs.

Contractor Construction Signs

Insert Section 194A following “Table 33 – Development Signs”, as follows:

Despite Section 194, a development with four or less dwelling units is restricted to a non-illuminated ground sign displaying information about the contractor or architect for a construction site provided the sign:

· does not exceed a height of 1.5 metres

· does not exceed an area of 1.4 square metres and

· is removed after the construction is completed.

Details of Anomaly Corrections Document 2

Item	Proposed Amendment	Rationale of Amendment
Section 1 - Definitions	Alter the “message centre” definition, by adding the words “text only” before the word “message”.	A change to the definition of a message centre is required to ensure clarity as the intent of the by-law is to limit the message centre to text without images.
Section 6A - Signage Tables	Add appropriate zoning subzone designations within the individual signage districts.	Unless otherwise stated, the zones and subzones are implied to be in the same signage district. It is recommended to add the desired subzones in each appropriate district to enhance clarity in finding the correct district for the specific zone listed for a property.
Section 17 – Permits	Alter Section 17 by adding: the words “Standing Committee of Council or” before “Council” in subsection (b) a provision to allow the Director to impose a time period limit or a restrictive provision condition on a sign permit as part of a Director delegated authority decision granting a minor variance to this by-law.	There is a need to indicate that Planning Committee can approve minor signs variances. Another provision with respect to the issuance of a sign permit is required in order to be consistent with the Director’s ability to impose conditions through delegated authority minor variance decisions.
Section 22 - Permit Revoked	Add a clause whereby a permit can be revoked by the Director of Building Code Services in cases of non-compliance with conditions set out in a minor variance approval.	The Director can apply conditions to a minor variance approval that are directly related to the proposed sign. It would assist in enforcement if the Director was then able to revoke a sign permit if the related conditions have not been completed or complied with after the installation of the sign.
Section 26 – Encroachment Permits	Correct subsection 26 (3) by striking out the word “is” and replacing with the word “of” between the words “year” and “issuance”.	To correct the typographical error in this subsection so that the provision is more understandable.
Item	Proposed Amendment	Rationale of Amendment
Section 40 – Delegated Authority	Add a new subsection (5) to allow the Director to impose conditions upon any minor variance approval that will also be imposed on the associated sign permit.	It is necessary to grant the Director the ability to impose conditions on an approval similar to a Council approval as stated in the by-law and to be consistent with the changes made to Section 17 noted above.
Section 83 - Ground Signs	Amend Section 83 by adding the word “identification” before the words “ground sign” in two places of the section and adjust any grammatical articles where appropriate.	This section requires an owner of a ground sign to incorporate the civic address on at least one ground sign. The provision is intended to only apply to an identification ground sign and not to any other type of ground sign.
Section 87 - Ground Sign Location Restrictions	Insert a new Section 87A restricting the owner of an identification ground sign from installing the sign within 15 metres of a billboard or street ad sign.	This change will be consistent with Section 162, which requires a billboard sign to be 15 metres from a ground sign or a street ad sign (an on-premises or off-premises permanent sign that is multi-sided, pedestrian-oriented and ground-mounted).
Section 101(1) – Residential use terminology	Following the words “clause 100(b),” replace the remaining provision with the following: “a permanent identification ground sign is permitted in District 2 for the following uses: a multiple attached dwelling, an apartment dwelling low rise, an apartment dwelling, mid-high rise, a stacked dwelling, a retirement home, a mobile home park and a planned unit development of these uses; if the use has a minimum of ten dwelling or rooming units and that the sign otherwise complies with the regulations set out in Column III of Table 8 of clause 100(b).”	The land use term “high-rise apartment building” and “planned unit development that has more than ten units” does not coincide with the new land use terminology in Zoning By-law 2008-250.
Item	Proposed Amendment	Rationale of Amendment
Section 125	Replace the words “hi-rise apartment” and “high-rise apartment” with the words “apartment dwelling mid-high rise” where the words appear in this section.	The terminology “hi-rise apartment” was used in former Ottawa Zoning By-law 1998 and should be replaced with the new terminology contained in Zoning By-law 2008-250 for the same use.
Section 162 – Billboard setbacks	Revise Section 162 by striking out the words “any other type of” and replacing with the words “identification” found in the text of the section.	This provision imposes a 15 metre setback on any other type of ground sign other than a billboard sign. It is more reasonable to apply this section and the setback provision only on an identification sign. Having the same restriction on information or development signs is not necessary as these types of signs are less significant than an identification sign.