SUPPORTS ITEM 2 P&E COMMITTEE AGENDA JULY 25, 1996 POLICY REPORT DEVELOPMENT AND BUILDING Date: June 28, 1996 Dept. File No. 2851 TO: Standing Committee on Planning & Environment FROM: Director of Land Use & Development SUBJECT: Billboards (Proposed Amendment to the Sign By-law) RECOMMENDATION A. THAT the Director of Legal Services be instructed to prepare an amendment to the Sign By-law to no longer permit new billboards in the city, and that the By-law be referred to a Public Hearing, together with the recommendation of the Director of Land Use & Development to approve the amendment; and B. THAT the Director of Legal Services be instructed to prepare an amendment to the Sign By-law generally in accordance with Appendix A: i) to simplify and clarify the regulations which permit billboards in the city; ii) to not allow billboards on eight CD-1 zoned sites near False Creek and Coal Harbour; iii) to not allow billboards near residential premises in Downtown South and Burrard Slopes, and to provide for removal of billboards as residential redevelopment occurs in these areas; and iv) to not allow billboards on Robson Street east of Jervis Street; and that the By-law be referred to a Public Hearing. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A and B, noting that approval of both will refer two alternative by-laws to Public Hearing. COUNCIL POLICY Council policy, as reflected in the Sign By-law, is to allow billboards in several commercial and all industrial zoning districts, subject to location, spacing, height and size restrictions. Council policy with respect to billboards on City-owned sites controlled by Real Estate Services is to permit renewal of existing billboard leases but not to enter into any new leases. SUMMARY Staff, in consultation with representatives of the billboard industry, have provided Council with amended regulations which would continue to allow new billboards in the city. Some of these regulations are more restrictive, others more permissive, than the current regulations, but most are intended to simplify the billboard regulations in order to: - allow applications to be processed more efficiently; - drastically reduce (if not eliminate) the time-consuming discussions needed to explain staff interpretations of the billboard regulations to the billboard industry; - ensure that all applications are treated equitably; and, - enable the regulations to be enforced and withstand a legal challenge. As much as possible, the revised regulations attempt to achieve the same objectives as the existing regulations. These include minimizing the visual impact of billboards on the city as a whole, and on residential districts. The revised regulations are also intended to phase out billboards in Downtown South and Burrard Slopes as these areas redevelop into primarily residential neighbourhoods. The revised regulations do not attempt to eliminate the inconsistency in the Sign By-law regulations which allow billboards to be bigger than other permitted signs, and constructed in locations where business identification signage is not permitted. It is staff's concern about this inconsistency, as well as the use of public streets for advertising purposes and the impact of billboards on the image of the city, that leads staff to still favour Recommendation A, the banning of new billboards. However, in response to Council's wish to have more options to consider, staff also recommend B, that revised regulations to continue to permit billboards be forwarded to Public Hearing. The revised regulations put forward in Recommendation B have been drafted in consultation with representatives of the billboard industry. Although billboard industry representatives are generally agreeable to the revised regulations put forward in Recommendation B being referred to Public Hearing, they are concerned about the additional restrictions proposed to be placed on billboards in Downtown South and Burrard Slopes, and on Robson Street. If Council does not share staff's concern about billboards in the emerging residential neighbourhoods of Downtown South and Burrard Slopes, or on Robson Street, Council could refer the amendments in Recommendation B to Public Hearing without B(iii) and B(iv). If Council does refer Recommendation B to Public Hearing in its entirety, Council would still have the opportunity to delete (or amend) the proposed regulations at Public Hearing based on representations made at the Hearing. PURPOSE This report presents revised regulations which would continue to allow new billboards in the city. These are recommended for referral to Public Hearing, as is a by-law amendment to prohibit new billboards, which staff favour. BACKGROUND On November 14, 1995, when dealing with a report dated October 20, 1995 recommending that new billboards no longer be permitted in the city, Council deferred the report to allow Council an opportunity to consider the matter further. Council also requested that staff report back on any billboard applications received in the meantime. Nine billboard applications were filed following November 14th. However, they were subsequently withdrawn, and all three billboard companies agreed not to submit any new applications until they had responded to staff's concerns in the October 20, 1995 report, and the issues were resolved by Council. At time of writing of this report, there are no outstanding billboard applications. The applications for a Judicial Review of the refusal of three billboard applications were also withdrawn. DISCUSSION Staff's concerns with the billboard regulations in the Sign By-law were outlined in the October 20th report, attached as Appendix B. These concerns can be summarized as: 1. application processing and by-law enforceability problems due to ambiguous wording of the regulations and an increasing trend for the billboard industry to appeal or challenge staff's interpretation; 2. the visual impact of billboards on the image of the city, and increasingly on residents in mixed-use districts; and 3. the inconsistency of Sign By-law regulations which allow billboards (third-party advertising signage) in locations and of a size not permitted for first-party business identification signage. The revised regulations put forward in this report primarily address the concerns in 1 and 2 above. The revised regulations do not address the third concern. This concern can only be resolved by either a prohibition of billboards, or revisions to the regulations which apply to other signs to allow them the same size and location options. The latter would require a review of Sign By-law objectives and underlying principles. This would be a significant undertaking beyond Planning staff's current work program. Setback Regulation [Sec. 10.3.2(b) of Sign By-law] The setback regulation requires that a billboard not be located closer to a street than: 1. the front face of the nearest building; or 2. beyond a straight line drawn between the nearest points of any two separate building faces fronting the street when the billboard is located between the two buildings. The intent of this regulation is to prevent a billboard from being in front of a building where it could block business identification signage (which is generally located on the front of a building) and detract from the building itself. Application of this regulation is shown in the following illustration. There are several problems with this regulation: 1. Front face is not defined in the By-law, and staff's interpretation that the front face is any portion of the building which faces the street was one of the interpretations for which a Judicial Review application was filed. (The building on the left in the above illustration has its front face in two locations but both are, in staff's interpretations, a front face. A billboard application was refused on this interpretation. The refusal was challenged on the grounds that the portion of the building which faces the street but which is set back further from the street than the rest of the building is not a front face.) 2. On corner sites, the determination of whether a building has one or two front faces for the purpose of applying this regulation has been difficult. 3. There is no limit to how far afield the regulation applies if the billboard is located between two buildings which are a considerable distance from each other. Revised wording is proposed which would apply the regulation only to billboards located within 20 m of a building face which fronts a street and contains a pedestrian entrance. Although the revised regulation is less restrictive in that it would apply only to billboards located within 20 m of a front face containing a pedestrian entrance, it should ensure that no billboard is in front of any such face, and would set a reasonable limit on the distance to other buildings used to determine setback from the street. Single-Faced Billboard Regulation [Sec. 10.3.2(c) of Sign By-law] The single-faced billboard regulation requires that a billboard with only one face (as opposed to a double-faced billboard with two sides mounted back to back) be located not more than 2 m from the wall of a building and be parallel to such wall, except that this distance may be increased to 7.5 m where the structural components on the back face are concealed. The intent of this regulation is to minimize unsightly views of the back side of a billboard by requiring it to be close, and parallel, to the wall of a building. To get around this regulation, and another regulation which requires a billboard to be 60 m from a residential district measured perpendicularly to the face of the billboard, an application was filed for a double-sided billboard where the second side, for all practical purposes, was not visible (see illustration). Staff refused the application (and the refusal was upheld by the Board of Variance) on the basis that the billboard was not considered to be double-sided since the second side was not a sign as defined in the Sign By-law. However, staff recognize that this refusal may not withstand a court challenge. Staff have not been able to come up with revised wording which would achieve the original intent of the By-law, withstand a court challenge, and not be significantly more restrictive. (This is because it is impossible to be absolutely definitive about what constitutes a double-sided billboard - i.e., one in which both sides can be effectively viewed from a street, lane or another site.) Consequently, staff recommend that the requirement that a single-faced billboard be parallel to, and within 7.5 m of, a wall be dropped, in favour of a simpler regulation that requires that the structural components on the back side of any single-faced billboard be concealed. Staff feel the revised regulation essentially achieves the same objective by ensuring that the back side of a billboard is not unsightly. 90 m Spacing Regulation [Section 10.3.2(d) of Sign By-law] The 90 m spacing regulation requires that the spacing between billboards on the same street, facing the same traffic flow, be not less than 90 m, measured along the street. The intent of this regulation is to control the visual impact of billboards by not allowing several to be viewed at the same time by traffic travelling in the same direction. Of all the billboard regulations, this one has caused the most interpretive problems over the past five years. Staff and the industry do not agree on what is meant by "facing the same traffic flow", with the industry arguing at one point that a billboard placed parallel to a street does not face any traffic flow, unless it is close to a corner (see illustration). There have also been numerous disagreements on the determination of what street a proposed billboard is located on. On corner sites, with the multitude of ways in which billboards can be placed and angled in order to obtain their best exposure to traffic, it is not possible to effectively apply this regulation and achieve its intent. Two refusals of applications based on staff's interpretation of the 90 m spacing regulation were challenged as part of the three Judicial Review applications. Staff and the industry agree that there should be a spatial separation between billboards to prevent a proliferation of billboards at one location. However, staff and the industry were not able to draft a revised regulation which takes into account the orientation and visibility of billboards to the traffic, is easy to understand and administer, and is not a potential source of future interpretation disagreements. Consequently, staff and the industry agree that the regulation be replaced by a simple spatial separation of 50 m between billboards. This is a slightly bigger separation than the 45 m that applies to free-standing signs that are not billboards located on the same site. Although it will allow billboards to be closer to each other than they are now in some instances (e.g., billboards on the same street facing the same traffic flow will be allowed to be 50 m apart, rather than the current 90 m), it will be more restrictive in other instances (e.g., billboards on corner sites, or on the same street facing opposite traffic flow, will be required [with one exception] to be 50 m apart regardless of which street they are on or which traffic flow they face). Although billboard industry representatives agree that the new spacing regulation will open up some new opportunities primarily outside of the downtown, they are concerned about the impact of the new regulation in the downtown where the concentration of existing billboards is already the greatest, and where other new restrictions in Downtown South and on Robson Street are also proposed. Residential Spacing Regulation [Sec. 10.3.2(e)(i) of Sign By-law] The residential spacing regulation requires that a billboard not be located closer than 60 m to any residential zoning district. The intent of this regulation is to protect residential neighbourhoods from the impact of these large signs, which are lit at night. In recent years, more residential development has occurred in commercial districts which allow billboards, or across from commercial or industrial districts which allow billboards. Staff have received a few complaints where billboards have been constructed across from residential premises. To reduce the impact of billboards on residential premises, staff considered applying the 60 m setback to existing residential premises, rather than residential zoning districts. Staff also considered no longer allowing billboards in Downtown South, the Burrard Slopes C-3A District, and on a number of sites rezoned from Downtown District to CD-1 to allow residential development. However, billboard industry representatives strongly felt that application of the 60 m setback to existing residential or no longer allowing billboards in the areas listed above would so severely limit new billboard locations as to constitute a virtual ban. Consequently, staff have not put forward these amendments. Staff are, however, recommending a regulation be added for Downtown South and Burrard Slopes which would not allow a billboard within 30 m of a site containing residential premises, and would require a billboard in these areas to be removed when residential redevelopment occurs within 30 m of the billboard. This is a similar provision to one that now applies to the BCPED zoning district. The removal clause was offered by the industry as a compromise for the amendments that staff considered. However, the removal clause does not make sense without applying the same 30 m setback to existing residential premises. The industry is agreeable to prohibiting billboards on eight CD-1 sites located in Granville Slopes and the False Creek North and Coal Harbour lands. These sites, including the Bayshore, previously did not allow billboards but were inadvertently allowed them when the sites were rezoned to CD-1 and assigned to the Downtown District for purpose of sign regulation. While staff still feel that billboards, due to their size, are not a desirable outlook for residential development, staff accept the billboard industry's concern with a blanket residential setback requirement because of the significant amount of residential redevelopment occurring in commercial areas. If Council wishes to continue to allow billboards and provide for reasonable opportunities for new billboard locations to replace those lost to redevelopment, staff feel that the proposed regulations which would apply only to commercial areas that are intended to become predominantly residential is a reasonable compromise. Though the regulation would not apply to existing billboards (nor would a ban), it would not allow new billboards in very close proximity to existing or future residential development in the emerging residential neighbourhoods of Downtown South and Burrard Slopes. Staff caution Council, however, that without industry cooperation and compliance, the removal clause will require significant staff resources to enforce. Roof Line Regulations [Sec. 10.3.3(b) and (c)] The height of a billboard is regulated by a height maximum in metres and also by restrictions which limit it to the height of front, side and rear building roof lines on the same site and on adjacent sites. The intent of the roof line regulations is to reduce the visual impact of billboards by keeping them to the height of adjacent buildings. There are several problems with the roof line regulations. The definition of roof line in the Sign By-law applies only to front roof lines, and on a very large site such as Hastings Park, the lowest roof line on the site determines the maximum height of a billboard. Staff recommend that the roof line regulations specific to billboards be dropped. The general regulation in the Sign By-law which applies to all signs and prohibits signs above the front roof line of a building would remain in effect and apply to billboards. However, staff are aware of a problem with this general regulation and recommend that it be resolved as part of these amendments. At present, the general regulation does not specify how close to a building a sign must be in order for the roof line restriction to apply. Staff usually apply the general regulation only to signs attached to a building. Staff recommend that this regulation be revised to apply to any sign located within 1 m of the nearest building. The net effect of the above amendments would be to make the billboard height regulations less restrictive, but easier to administer, and more consistent with regulations that apply to other signs. Landscaping Regulation (Sec. 10.3.5 of Sign By-law) The landscaping regulation requires that a landscape planter be provided and maintained for all vertical billboards (i.e., billboards placed vertically rather than horizontally). This regulation was added to the By-law in response to Seaboard Advertising Company's offer that they would provide a landscape planter for all vertical billboards if the By-law was amended to allow vertical billboards. Although the By-law was amended in 1990 to allow vertical billboards and require the landscape planter, to staff's knowledge no landscape planters have been provided for the vertical billboards constructed. Permits and Licenses staff have not been enforcing this regulation. The regulation which requires that landscaping be provided and maintained to the satisfaction of the Director of Planning for horizontal billboards has also not been consistently enforced since neither Planning nor Permits and Licenses staff have staff resources to administer this provision. Consequently, staff recommend that this regulation be dropped. Other Regulations There are several other regulations applicable to billboards that need clarification/revision or consequential amendment if Council refers amendments to Public Hearing to continue to allow billboards (Recommendation B). These include: - the definitions of "grade" and "third-party advertising"; - the regulations which limit the maximum number of billboards on a site to four; - the regulations which prohibit billboards on portions of Georgia and Burrard Streets; and - the elevated entry and exit ramp regulations. These amendments are included in Appendix A and Recommendation B. Staff have also added Robson Street, east of Jervis Street, to Georgia and Burrard Street where billboards are not permitted, due to Robson's retail character and pedestrian role and linkage to B.C. Place Stadium. (Billboards are currently not permitted west of Jervis Street.) Staff have not put forward any amendments to require a proportion of billboard space to be allocated for "public service" advertising as a trade-off for the use of public streets for commercial advertising. It would require significant staff resources to administer and enforce such a regulation. Fee Increases The above amendments to the billboard regulations will simplify the regulations and reduce processing time. However, billboard applications will still require site inspections to ascertain the spacing requirements. Staff are currently preparing a report for Council on increasing sign application fees to achieve full cost recovery, and this report will recommend additional fees for signs that require a site inspection before a permit can be issued. Public Input Since staff recommended the amendment to no longer permit new billboards in the city, Council has received several letters in support of billboards and outside advertising, including letters from the Vancouver Board of Trade and Downtown Vancouver Association. Council can expect that businesses that advertise on billboards, and charitable organizations that have benefitted from donated billboard space for fund-raising endeavours, will vigorously oppose an amendment to ban new billboards. However, Council should be aware that even with a ban on new billboards, there will still be advertising opportunities on existing billboards for some time to come. Staff have received some, though not many, complaints about billboards from residents whose apartments overlook billboards, from persons who dislike large outdoor advertising signage, and from business representatives who feel that billboards on adjacent sites negatively affect their businesses. Billboard Industry Comments A copy of this report was provided to billboard industry representatives and their comments are attached as Appendix C. In summary, the industry: 1. supports referral of Recommendation B to Public Hearing; 2. requests that Council not refer Recommendation A (the ban) to Public Hearing; 3. notes that: - the number of billboards is already declining in the city without a ban; - many other major Canadian cities allow billboards; - the industry receives very few complaints about billboards, and an industry public opinion survey indicates billboards are not a major public concern; and - there are valid reasons why billboards are allowed of a size and in locations not permitted for most other signs. CONCLUSION In response to Council's deferral of staff's recommendation to prohibit new billboards in the city, staff, in consultation with billboard industry representatives, have prepared amendments to the Sign By-law which would continue to allow new billboards in most areas where they are now permitted under simplified regulations. However, Planning staff continue to believe that the negative aspects of billboards outweigh their benefits. Staff's reasons for recommending a ban on new billboards were set out in the October 20th report, attached as Appendix B. These include: 1. the pressure put on Vancouver for new billboard locations because no other municipality in Greater Vancouver continues to allow new billboards; 2. the amount of time needed to explain the billboard regulations to the industry, process applications and Board of Variance appeals, and defend interpretation of the regulations and issuance of permits, at the expense of the processing of other sign permits; 3. Sign By-law regulations which in some respects favour billboards over business identification signage; 4. the use of the public domain (i.e., streets) for advertising purposes (billboards being a form of advertising that the public cannot easily ignore or turn off, as with radio or TV, or not read, as with newspapers, fliers and magazines); 5. the amount of staff resources committed to careful design review and control of most new buildings in the downtown and Central Broadway, while no design control can be placed on billboards, even though they constitute significant structures and have high street visibility; 6. the amount of public and private expenditures committed to improving and enhancing the streetscape; 7. staff's view that billboards detract from pedestrian and residential environments; and 8. the minimal public benefit (i.e., public service advertising) provided by billboards. Staff recommend that both the amendment to prohibit new billboards (Recommendation A) and the simplified regulations (Recommendation B) be referred to Public Hearing, but continue to recommend approval of the prohibition amendment at Public Hearing. If Council does not agree with the proposed restrictions put forward for Downtown South, Burrard Slopes and Robson Street in Recommendation B, Council could delete Recommendation B(iii) and (iv) either at time of referral to Public Hearing, or at the Public Hearing. * * * * * APPENDIX A Page 1 of 5 PROPOSED AMENDMENTS TO THE SIGN BY-LAW TO CONTINUE TO ALLOW BILLBOARDS (Underlining indicates revised or new wording, indicates deletion) Section 2 Grade means: (a) for any sign located more than 75 mm from a street, the elevation of the finished ground surface directly below a sign, as determined by the Director; or (b) for any sign abutting or encroaching into a street or located within 75 mm of a street, the elevation which is established by the City Engineer for the surface of the sidewalk or boulevard adjacent to the sign; Pedestrian Entrance means a door or entry located on the first storey of a building used by the public to enter the premises, but does not include a door used only by staff, a door used only as an exit from the premises, or a door to a vehicular parking garage or loading bay; Third-Party Advertising means sign content which directs attention to products sold or services provided on the premises at which the sign is located which are not the principal products sold or services provided on the premises at which the sign is located. Section 10.3.1 No more than four billboards in respect of any site shall be permitted, and for this purpose: (a) two copy areas mounted parallel and back to back on the same structural support shall be considered to be one billboard; and (b) indexing of the copy area is permitted and shall not affect this number. Section 10.3.2 (a) (No change); (b) When any part of a billboard is within 20 m of a building face which fronts a street excluding a lane and contains a pedestrian entrance, the billboard shall be not closer to the street than: (i) the building face, when there is not more than one such face fronting the same street; or APPENDIX A Page 2 of 5 (ii) a straight line connecting the nearest points of two such faces fronting the same street; (c) The back of a single-faced billboard shall be located not more than 2 m from the wall of a building and shall be parallel to such wall, except that this distance may be increased up to 7.5 m where the back face of the billboard is constructed with an outer finish which conceals all structural components of the back of the copy area; (d) The spacing between billboards on the same street, facing the same traffic flow, shall be not less than 50 m, measured along the street except that this measurement shall not be applied between two billboards mounted parallel on opposite sides of a building. (e) A billboard shall be located no closer than: (i) 60 m, measured perpendicularly to the copy area at its midpoint, to any Residential Area as identified in Section 9.2; (ii) (no change); (iii) (no change); (iv) 15 m to any third-party sign located in a bus shelter. Section 10.3.3 The height of a billboard shall not exceed: (a) 6.25 m where it exceeds 3.7 m in width; or (b) 7 m where it is 3.7 m or less in width. (b) the height of the front roof line of any building on the same site or an adjacent site, with or without the intervention of a lane, whichever is less; and (c) 300 mm above any side or rear roof line of any building on the same site or an adjacent site, when the billboard is within 5 m of the building. Section 10.3.5 A landscaped planter the width of the billboard shall be provided and maintained for any billboard exceeding 6.25 m in height unless the Director of Planning is satisfied that suitable landscaping already exists where the billboard is to be placed. For all other billboards, landscaping shall be provided and maintained to the satisfaction of the Director of Planning. APPENDIX A Page 3 of 5 Section 10.3.5 Sections 10.6 and 10.7 do not apply to billboards. Section 11.1.5 Except as provided in Section 10.6.2(b)(ii), 10.8 and 10.11.3, no sign shall extend above the roof line of the nearest building located within 1 m of the sign. Schedule B Section 1(d) Billboard, except that: (i) a billboard shall be permitted only in the C-2, C-2B, FC-1, C-3A, MC-1, M-1, M-1A, M-1B, M-2, IC-1, IC-2, IC-3, I-1 and DD Districts and all industrial districts; (ii) notwithstanding sub-clause (i) above, a billboard shall not be permitted: (A) within 50 m of the centre line of West Georgia Street from Beatty Street to Cardero Street; (B) within 50 m of the centre line of Burrard Street from Pacific Street to Burrard Inlet; and (C) within 50 m of the centre line of Robson Street from Beatty Street to Jervis Street; (D) above the height of the rail of the ALRT guideway; (E) on the following CD-1 sites: - CD-1 (195) - 1000-1010 Beach Avenue; - CD-1 (251) - 888 Beach Avenue; - CD-1 (252) - 901 Beach Avenue; - CD-1 (265) - International Village; - CD-1 (312) - 300 Cardero Street; - CD-1 (321) - 1601-1799 West Georgia and 549 Cardero Streets; - CD-1 (324) - 800-1100 Pacific Boulevard; - CD-1 (325) - 800 Beatty Street; (iii) (no change;) APPENDIX A Page 4 of 5 (iv) notwithstanding sub-clause (i) above, in the areas outlined in Map 1 and Map 2: (A) a billboard shall be removed by the sign permit holder within one month of the issuance of an occupancy permit authorizing occupancy of a building containing residential premises located on a site within 30 m of the billboard; and (B) a billboard shall not be permitted within 30 m of a site containing a building which has an occupancy permit authorizing occupancy of residential premises; MAP 1 APPENDIX A Page 5 of 5 MAP 2 Schedule F Section 1(d) Billboard, except that a billboard shall not be permitted: (a) (no change); (b) above any elevated entry or exit ramp except where located more than 50 m from such ramp; (b) within 50 m of any elevated bridge entry or exit ramp where the billboard exceeds the height of the ramp;