P1
POLICY REPORT
DEVELOPMENT AND PLANNING
Date: October 4, 1996
Dept. File No. PAJ
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT:Banner Signs (Proposed Amendment to the Sign By-law)
RECOMMENDATION
THAT the Director of Legal Services be instructed to prepare an amendment to
the Sign By-law to allow banner signs, generally in accordance with Appendix
A, and that the By-law be referred to Public Hearing, together with the
recommendation of the Director of Land Use and Development to approve the
amendment.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the
foregoing.
COUNCIL POLICY
Council policy, as reflected in the Sign By-law, does not permit banner signs
except at General Motors Place.
SUMMARY
Flags, including flags containing signage, are permitted anywhere in the city.
Banner signs on private property are allowed only at General Motors Place.
This report addresses the inconsistency in the regulation of flags and banner
signs and recommends that the Sign By-law be amended to allow small banner
signs anywhere in the city, subject to very minor restrictions, and without a
requirement for a sign permit. Amendments to allow larger banner signs are
also recommended, without permit requirement, but large banner signs would not
be permitted in residential districts and would be subject to a restriction on
the amount of the banner used for signage. This restriction would not apply to
banner signs erected for non-profit societies and public agencies located in
the DD and BCPED Districts.
BACKGROUND
In October 1991, Council amended the Sign By-law to no longer apply to flags.
In January 1995, Council approved an amendment to the Sign By-law to allow
banner signs, without permit, subject to content restrictions, at General
Motors (GM) Place through creation of a site-specific sign schedule. Council
did not approve staff's recommendation to amend the Sign By-law to clarify that
purely decorative banners are not regulated by the Sign By-law. Council also
did not approve an amendment which would have allowed banner signs, without
permit, subject to content restrictions, in all areas of the city except
residential areas.
Banners and flags are not easily distinguished from each other (one dictionary
definition of banner is "the flag of a nation"). For purposes of administering
the Sign By-law, staff have advised that a flag must be free-flying (i.e., it
must be attached to a pole on one end only, not two). Banners, on the other
hand, are generally secured on at least two ends, usually top and bottom.
Banners which contain signage are considered to be banner signs. To avoid the
Sign By-law prohibition of banner signs (except at GM Place), free-flying
banner signs have been erected so that they are considered to be flags and not
regulated by the By-law.
Amendments to the Sign By-law are needed to ensure that flags and banners are
regulated (or not regulated) more consistently given their similarity, and to
enable successful enforcement action to be taken on unsightly banner signs
(primarily those advertising buildings for sale or rent, or merchandise 'sale'
events). Though no resolutions have been passed, staff understand that Council
wishes to review the regulations that prohibit banner signs on private property
(except GM Place).
DISCUSSION
Recommended Amendments Staff assume that Council does not want to revisit the
regulation of flags, and that all flags, regardless of the amount of signage,
will continue to be un- regulated. Based on this assumption, and the
difficulty of distinguishing banners from flags, staff considered recommending
that the By-law be amended to no longer regulate banner signs. However, such
an amendment would have two significant consequences:
(1)it would seriously undermine the regulations for other signs (e.g.,
banner signs containing any content, including third-party advertising,
could be placed on roofs, or near the top of tall office buildings where
the By-law restricts signage to logos); and
(2)it would result in some very unsightly banner signs for which no
enforcement action could be taken (see photos).
Consequently, staff recommend amendments to the By-law which would continue to
regulate banner signs, but with very minor restrictions unless the banner is
larger than the average flag. Banner signs no larger than most flags would
therefore be treated virtually the same as flags.
Most flags do not exceed 3 feet by 6 feet (1.7 m2). (The City's street banners
are also each 1.7 m2 in area). Staff recommend that banner signs that do not
exceed 2.0 m2 in area be permitted anywhere in the city, without permit. In
order to prevent horizontal banner signs attached by rope or cord which are
more likely to be purely signage with no decorative element, staff recommend
that the By-law require that the vertical dimension of a banner sign exceed the
horizontal dimension by at least 2:1, and that banner signs be attached to a
rod at the top and secured at the bottom. Staff also recommend that the
clearance from grade required for other signs (2.75 m) also apply to banner
signs.
The above amendments would allow banner signs up to 2.0 m2 in area, anywhere in
the city, including residential areas, with very minor restrictions and without
permit. Banner signs would, however, be subject to the regulations that
prohibit signs on roofs and restrict third-party advertising. These
restrictions apply to all signs regulated by the Sign By-law.
Staff also recommend that banner signs greater than 2.0 m2 be allowed, without
permit, everywhere but residential ("R") districts, but that a restriction be
placed on the advertising/ signage component of these larger banner signs. To
ensure that large banners do not become simply large signs, and to encourage a
significant decorative component, staff recommend that banner signs between 2.0
m2 and 4.0 m2 in area be allowed to have no more than 20 percent of the face of
the banner comprised of words or logos. For very large banner signs, over 4.0
m2, staff recommend words or logos be restricted to 10 percent.
Staff also recommend that the definition of sign in the Sign By-law be amended
to clarify that purely decorative banners (i.e., banners containing no words or
logos) are not regulated by the Sign By-law.
The amendments described above and set out in detail in Appendix A would leave
the site-specific regulations which apply to banner signs on GM Place unchanged
with respect to content restrictions and third-party advertising. However, the
vertical to horizontal dimension ratio, clearance regulation, and
rod/securement requirement proposed for other banner signs would apply to GM
Place. Because the By-law allows GM Place to display third-party advertising
(i.e., corporate logos) on its banner signs, staff recommend that the
site-specific regulation for GM Place that restricts words and logos to 10
percent of the area of the banner sign (regardless of the size of the banner
sign) remain in place.
Public Input Representatives from the Flag Shop (a major supplier of banners
and flags), and staff of the Vancouver Art Gallery and Orca Bay Sports and
Entertainment (GM Place) were consulted during preparation of this report.
Flag Shop representatives support the amendments put forward in this report.
However, staff of the Vancouver Art Gallery advised that the restriction on
words and logos to 10 or 20 percent of the face of the banner, and the
third-party advertising restriction, would create a serious hardship for the
Gallery in terms of advertising and fund-raising. They request exemption from
these restrictions for the very large banners on Georgia and Robson Streets. A
copy of the letter setting out their reasons for requesting the exemption is
attached as Appendix B.
While Planning staff feel that much of the lively and decorative aspects of
banner signs is lost if the banner is entirely comprised of words and logos
with no graphic element, staff accept the arguments put forward by Gallery
staff. Consequently staff have included in the amendments put forward in
Appendix A, wording which would exempt banner signs displaying events by
non-profit societies or public agencies from the proposed restrictions on words
and logos and third-party advertising. The exemption is only proposed for
banner signs located in the Downtown and BC Place/Expo Districts.
Orca Bay Sports and Entertainment support the intent and tone of the proposed
amendments but are reluctant to support the blanket exemption for non-profit
societies and public agencies put forward in response to the Gallery's
concerns. Rather, the establishment of an approval process to review proposed
banner signs is suggested. A copy of Orca Bay's letter is attached as Appendix
C.
In response to Orca Bay's suggestion, staff advise that the authority to
regulate signs set out in the Vancouver Charter does not permit the
discretionary controls which are available to matters of zoning. Consequently,
the Sign By-law cannot provide for an approval process which would allow the
quality and commercial content of the banner sign to be subjectively reviewed.
Enforcement The proposed amendments should facilitate successful enforcement
action on banners that do not comply with the proposed regulations. However,
Council should be aware that because banner signs are proposed to be permitted
without permit, no plans will be filed. This will mean that enforcement of the
10 and 20 percent words and logos restriction will be based on "eye-ball"
estimates on site and only significant infractions of these regulations will be
caught.
CONCLUSION
Banners add a lively and decorative element to the city. Banners that contain
signage (i.e., banner signs) can also be a very positive design feature, but
they should be primarily decorative rather than commercial signage in nature.
Staff therefore recommend that the Sign By-law be amended to:
(1)clarify that purely decorative banners are not regulated by the By-law;
(2)require banner signs to be secured at the top and bottom (to distinguish
them from flags);
(3)allow banner signs up to 2.0 m2 in area anywhere in the city, without
permit, subject to a vertical to horizontal dimension restriction and
minimum clearance from grade; and
(4)allow banner signs greater than 2.0 m2 in area everywhere but
residential districts, without permit, subject to restrictions on the
percentage of the banner used for signage (words and logos).
In order to accommodate the Art Gallery's banner signs, the amendments in
Appendix A also include an exemption from the signage restriction for banner
signs which display events organized by a non-profit society or public agency
located in the DD and BCPED Districts.
Staff recommend that the proposed amendments set out in this report be referred
to Public Hearing.
* * *
PROPOSED AMENDMENTS TO THE SIGN BY-LAW
TO ALLOW BANNER SIGNS
(Underlining indicates revised or new wording; indicates deletion)
Section 2 Sign means any device, notice or medium,
(Definitions) 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, identification, or information
purposes, but does not include a free-flying
flag, a decorative banner which contains no
words or logos, or a mural, supergraphic, or
any other element of the external design of a
building;
Sign, Banner means a sign which is composed
of lightweight material, including nylon,
vinyl, cloth, canvas or similar fabric, and
includes bunting and streamers and which is
attached to a rod at the top and secured at
the bottom;
S e c t i o n a banner sign provided that:
5.2.1(r) (i) the banner sign does not exceed 2.0 m2
(Exemptions in area;
From (ii) the vertical dimension of a banner sign
Permit exceeds the horizontal dimension by a
Requirement) ratio of at least 2:1, and
(iii) the clearance of a banner sign is
not less than 2.75 m, except where:
(A) the sign does not encroach over a
street; and
(B) the sign is guarded against access
by vehicles or pedestrians so as
not to present a hazard to the
public.
Schedules A and The following signs shall be permitted in
D Residential Areas/West End (Residential)
(Residential Area:
Areas) (a) A sign permitted in clauses (c) to (r)
inclusive of Section 5.2.1, ...
Schedules B and The following signs shall be permitted in
F Commercial and Industrial Areas/Bridge and
(Commercial, Freeway Areas:
Industrial and (a) A sign permitted in clauses (c) to (r)
Bridge and inclusive of Section 5.2.1, except that:
Freeway (i) (no change)
Areas) (ii) (no change)
(iii) a banner sign exceeding 2.0 m2
in area shall be permitted
provided that:
(A) where the face of a banner is
not greater than 4.0 m2, any
copy comprising words or logos
shall not exceed 20 percent of
the face of the banner, except
that the 20 percent maximum
shall not apply to banner
signs located in DD and BCPED
Districts displaying events
organized and presented by a
non-profit society or public
agency;
(B) where the face of a banner is
greater than 4.0 m2, any copy
comprising words or logos
shall not exceed 10 percent of
the face of the banner, except
that the 10 percent maximum
shall not apply to banner
signs located in DD and BCPED
Districts displaying events
organized and presented by a
non-profit society or public
agency;
(C) the banner sign complies with
clauses (ii) and (iii) of
Section 5.2.1(r); and
( D )
third-part
y advertisin
g
permitted
in Section
11.6.1
shall not
exceed 30
percent of
the copy
comprising
words and
logos,
except
that in
the DD and
B C P E D
Districts
Section
11.6.2
shall not
apply to
banner
s i g n s
displaying
events
organized
a n d
presented
b y a
non-profit
society or
public
agency,
a n d
therefore
a banner
sign can
contain
content
w h i c h
directs
attention
t o
products
sold or
services
provided
which are
n o t
principal
products
sold or
services
provided
on the
site;
Schedule C The following signs shall be permitted in the
(Chinatown and Chinatown and Gastown Historic Areas:
G a s t o w n (a) A sign permitted in clauses (c) to (r)
Historic inclusive of Section 5.2.1, except that:
Areas) (i) a banner sign exceeding 2.0 m2 in
area shall be permitted provided
that:
(A) where the face of a banner is
not greater than 4 m2, any
copy comprising words or logos
shall not exceed 20 percent of
the face of the banner;
(B) where the face of a banner is
greater than 4 m2, any copy
comprising words or logos
shall not exceed 10 percent of
the face of the banner;
(C) the banner sign complies with
clauses (ii) and (iii) of
Section 5.2.1(r); and
(D) third-party advertising
permitted in Section 11.6.1
shall not exceed 30 percent of
the copy comprising words and
logos;
Schedule G
(Granville Mall)
The following signs shall be permitted in Pedestrian Malls:
(a) A sign permitted in clauses (c) to (o) inclusive and clause (r) of Section
5.2.1, except that:
(i) a banner sign exceeding 2.0 m2 in area shall be permitted provided
that:
(A) where the face of a banner is not greater than 4 m2, any copy
comprising words or logos shall not exceed 20 percent of the
face of the banner;
(B) where the face of a banner is greater than 4 m2, any copy
comprising words or logos shall not exceed 10 percent of the
face of the banner;
(C) the banner sign complies with clauses (ii) and (iii) of Section
5.2.1(r); and
(D) third-party advertising permitted in Section 11.6.1 shall not
exceed 30 percent of the copy comprising words and logos;
Schedule H The following signs shall be permitted in the
(General Motors area regulated by CD-1 Number 311:
Place) (a) A sign permitted in clause (c) to (r) of
Section 5.2.1, except that:
(i) (no change)
(ii) (no change)
(iii) a banner sign is subject to the
following:
(A) the sign copy may only
consist of all or any of a
logo, the name identifying
the arena building or the
name of an event scheduled
for the arena building;
(B)
any copy
comprising
words or
l o g o s
shall not
exceed 10
percent of
the face
of the
banner;
(C)
Section
11.6.2
shall not
apply, and
therefore
a banner
sign can
contain
content
w h i c h
directs
attention
t o
products
sold or
services
provided
which are
n o t
principal
products
sold or
services
provided
on the
site;
(D) a banner sign exceeding 2.0
m2 in area shall be permitted
provided it complies with
this section and clauses (ii)
and (iii) of Section
5.2.1(r).
PAJ\ss
JOHP\002-4507