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