ADMINISTRATIVE REPORT

Date: June 9, 1998

Author/Local:B. Windsor/7533

CC File No. 2851

TO:	Vancouver City Council
FROM:	Director of Permits and Licenses and General Manager of Community Services
SUBJECT:	Non-Conforming Sign/Structure 151 - 177 East Broadway Lot 9 Ex N 24' and 10, Block 51, District Lot 200A

RECOMMENDATION

THAT Council approve the attached Resolution and order the Registered owner of the property at 151-177 East Broadway in accordance with Subsection 571A(2) of the Vancouver Charter, to remove the non-conforming sign and structure located on the roof within 14 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.

COUNCIL POLICY

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

Sign Bylaw No. 6510 does not permit the installation of rooftop signs.

Subsection 517A(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

This building is commonly known as the "Lee Building" and is located on the northwest corner of Broadway and Main. The last Sign Permit issued for the rooftop sign at this location was 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 as per the agreement however the structure remained.

DISCUSSION

The Sign Bylaw 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.

A recent inspection of the building revealed that new signage has been placed on the east and west elevations of the rooftop structure in contravention of the Sign Bylaw. The property owner has been ordered to remove the rooftop sign (including the structure), however, to date has not complied. Unless the rooftop structure is removed in its entirety, there remains the potential for it being used on an ongoing basis for signage purposes.

The Director of Legal Services advises that the most appropriate means of obtaining compliance

with the Sign Bylaw in this instance is by Resolution of Council.

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:

1. THAT the non-conforming rooftop sign and structure at 151-177 East Broadway, Lot 9 ex N 24' and 10, Block 51, District Lot 200A (the "sign and structure") be removed.

2. THAT the owner is hereby ordered to:

1) Remove the sign and structure within 14 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.

3.THAT in the event the owner fails to comply with the order set forth in the preceding paragraph, the Director of Legal Services is hereby directed to proceed with legal action to have the sign and structure removed.

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(c) 1998 City of Vancouver