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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
July 5, 2004 | |
Author: |
C. Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04410 | |
CC File No.: |
2851 | |
Meeting Date: |
February 3, 2005 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
Director of Licensing and Inspections in consultation with Director of Legal Services |
SUBJECT: |
Non-conforming Sign and Structure
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RECOMMENDATION
A. THAT Council approve the attached resolution and order the registered owners of the property at 151-177 East Broadway (the "Lee Building") pursuant to subsection 571A(2) of the Vancouver Charter, to remove the non-conforming sign and supporting sign structure located on the roof of the Lee Building within 14 days of a copy of the resolution being served.
B. THAT in the event that the owners fail to comply with the order set forth in the preceding paragraph, the Director of Legal Services is hereby directed to commence legal proceedings to have the non-conforming rooftop sign and sign structure removed.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing. There is a long-standing Council policy (over 30 years) prohibiting rooftop signs in the City of Vancouver.
COUNCIL POLICY
Section 571A of the Vancouver Charter authorizes Council to make by-laws for regulating the number, size, type, form, appearance and locations of signs.
Sign By-law 6510 prohibits 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.
Council has a long-standing policy (more than 30 years) prohibiting rooftop signs in the City of Vancouver.
PURPOSE
The purpose of this report is to support Council policy and bring the Lee Building in conformity with the provisions of the existing Sign By-law that prohibits rooftop signs. It is to request that Council order the removal of the existing non-conforming sign and supporting structure on the roof of the Lee Building at 151-177 East Broadway.
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 Lee Building is located on the northwest corner of Broadway and Main. The box-shaped sign structure located on the roof of the Lee Building was constructed in 1965 and has been used to display third party advertising.
In 1970, in response to concerns expressed by citizens about 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 signs (including rooftop signs) in the City which had become non-conforming as a result of the 1970 amendments. Following this directive, it was reported that over 420 non-conforming signs ( including rooftop signs) were voluntarily removed. As a result of the directive, the advertising copy posted on the Lee Building rooftop sign structure was removed but the sign structure remained in place.
In 1980, Council adopted a resolution providing that any non-conforming rooftop signs still in existence be ordered removed.
In 1989, the City Sign By-law was amended to include the words "supporting structure" in the definition of the word "sign".
No advertising copy was displayed on the Lee Building sign structure from 1976 until 1998 (with the exception of a special permit allowing the one-year display of a copy on the structure in connection with Expo 86 - the copy was removed in February 1987).
In January of 1998, it was reported that new advertising copy had been installed on the Lee Building's non-conforming rooftop sign structure. The owners failed to remove the copy when requested and the matter was brought before City Council in 1998. On September 29, 1998, Council ordered by resolution that the non-conforming sign and sign structure be removed. The owners failed to comply with Council's resolution and the matter was brought before the Supreme Court in November of 1999. The Court found that the owners should have been allowed to make representations before Council and quashed the resolution, but upheld the constitutionality of the City's prohibition against rooftop signs contained in its Sign By-law.
On June 13, 2002, this matter was brought back before Council. Council heard the representations of owners in attendance. At the end of the hearing, Council adopted a new resolution ordering the owners to remove the non-conforming rooftop sign and sign structure.
On July 12, 2002, the owners commenced legal proceedings to invalidate Council's new resolution. The Court found that the resolution was passed on the basis of an improper consideration and quashed the resolution. However, the Court made it clear in its judgement that Council was at liberty to adopt a new resolution - based on proper considerations - to have the non-conforming sign and sign structure removed.
DISCUSSION
Throughout the above noted proceedings, and to date, the owners of the Lee Building have continued to maintain the non-conforming rooftop sign and structure with changes of advertising copy from time to time (see Appendix "A").
The Lee Building's non-conforming sign and sign structure constitute a vested right which - at Council's discretion - may be terminated pursuant to s. 571A(2) of the Vancouver Charter.
The continued existence of this rooftop sign does not accord with Council's 30-year policy prohibiting rooftop signs in Vancouver and is not in conformance with the current provisions of the Sign By-law prohibiting rooftop signs in the City of Vancouver.
The owners of the Lee Building have been invited before Council in order to make representations regarding this matter.
CONCLUSION
It is recommended that the non-conforming sign and supporting structure located on the roof of the Lee Building located at151-177 East Broadway be ordered to be removed.
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