Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

The Director of Permits and Licenses and
General Manager of Community Services

SUBJECT:

Non-conforming Sign/Structure
151 - 177 East Broadway

 

RECOMMENDATION

COUNCIL POLICY

Section 571A of the Vancouver Charter authorizes Council to make by-laws for regulating the number, size, type, form, appearance and location of signs.

Sign By-law No. 6510 does not permit the installation of rooftop signs.

Subsection 571A(2) authorizes Council by resolution of not less than two-thirds of all its members, to order the removal of any sign, whether located on private or on public property which has been non-conforming for not less than five years.

Section 324A of the Vancouver Charter outlines the necessary procedure for service of a Resolution of Council.

BACKGROUND

The Sign By-law defines a sign as any device, notice or medium including its structure and other components, which is visible from any street or from any site other than the one on which it is located and which is used or is capable of being used to attract attention for advertising etc.

The building at 151-177 East Broadway is commonly known as the "Lee Building" and is located on the northwest corner of Broadway and Main. The box-shaped sign structure located on the top of the Lee Building was constructed in 1965.

In 1970, in response to concerns expressed by citizens regarding the proliferation and overcrowding of signs in the City, Council amended the by-law regulating signs to prohibit rooftop signs and billboards near bridges and freeway approaches.

In 1976, Council approved a directive requesting the voluntary and gradual phasing out of rooftop signs in the City which had become non-conforming as a result of the 1970 amendments.

In 1980, Council adopted a resolution providing that rooftop signs that had not been voluntarily removed pursuant to the 1976 directive be ordered to be removed.

The last Sign Permit for the Lee Building rooftop sign was issued on November 22, 1985. This permit authorized a change of face only, with a condition that the sign was to be removed by February 28, 1987. Accompanying this sign permit was an agreement between the City and the Sign Company (Neon Products) that the sign message would be removed by the above date and that the surface of the sign structure would be scraped and treated to completely obliterate all messages, signs, symbols and other matters on the rooftop sign. (A copy of the permit and agreement is attached as Appendix A).

A reinspection of the building on February 13, 1987 confirmed that the signage had been removed at that time as per the agreement, however, the structure remained.

In early January 1998, a new copy was installed on the Lee Building's supporting rooftop sign structure. No permit was issued by the City authorizing this new sign. Staff issued letters demanding that the sign be removed. The Lee Building property owners refused to comply.

On September 29, 1998, the issue of the non-conforming sign and structure was brought before City Council and Council declared by resolution that the sign and structure were to be removed. Pursuant to Council's resolution, the property owners were ordered to remove the sign and structure before January 4, 1999. The property owners refused to comply with the City's order.

On January 26, 1999, the City commenced legal proceedings to enforce Council's resolution. The owners raised a number of defences, including (1) that they were denied natural justice and procedural fairness and should have been allowed to make representations before Council before it made a decision; and (2) that the rooftop sign prohibition was unconstitutional as it infringed their freedom of expression guaranteed under the Canadian Charter of Rights and Freedom.

The case was heard in Supreme Court of B.C. in November 1999. The Court found that the owners should have been allowed to make representations before Council but dismissed the owners' argument that the rooftop sign prohibition was unconstitutional.

The owners appealed the Supreme Court's judgement on the constitutionality of the rooftop sign prohibition to the Court of Appeal.

On March 30, 2001, the Court of Appeal dismissed the owners' appeal and upheld the constitutionality of the rooftop sign prohibition of the Sign By-law.

The owners appealed the Court of Appeal's judgement to the Supreme Court of Canada. On September 20, 2001, the Supreme Court of Canada dismissed the owners's application for leave to appeal.

As a result of the foregoing, the constitutionality of the City's prohibition on rooftop signs has been confirmed by the Supreme Court of Canada. However, in the special circumstances of this case, the owners must be allowed to make representations before Council before Council makes its decision regarding the rooftop sign. Photographs of the sign currently in place have been taken and will be presented to Committee of Council.

DISCUSSION

The City is now in a position to pursue removal of this non-conforming rooftop sign and structure through a new resolution of Council.

Staff recommends that the sign (including its supporting structure) be ordered to be removed, in conformity with Council's long-standing policy regarding rooftop signs, as evidenced by the provisions of the Sign By-law and the historical background set out above.

In conformity with the judgement of the Supreme Court of B.C., the owners have been invited to make representations before Council.

*****

pe020613.htm

In the Matter of Section 571A(2) and 324A of the

Vancouver Charter and 151-177 East Broadway

RESOLUTION

Be it resolved by the Council of the City of Vancouver:

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