SUPPORTS ITEM NO. 4 P&E COMMITTEE AGENDA APRIL 4, 1996 POLICY REPORT DEVELOPMENT AND BUILDING Date: March 14, 1996 Dept. File No. PAJ TO: Standing Committee on Planning and Environment FROM: Director of Land Use and Development SUBJECT: Free-standing and Changeable Copy Signs (Proposed Amendments to the Sign By-law) RECOMMENDATION A. THAT the Director of Legal Services be instructed to prepare an amendment to the Sign By-law, generally in accordance with Appendix A, to: (i) allow cultural, recreational and institutional uses to have larger free-standing signs than presently permitted, with manual changeable copy, in residential and some commercial zoning districts; (ii) apply the Sign By-law to signs in public parks; FURTHER THAT the By-law be referred to a Public Hearing, together with the recommendation of the Director of Land Use and Development to approve the amendment. CONSIDERATION B. THAT the Director of Legal Services be instructed to prepare an amendment to the Sign By-law, generally in accordance with Appendix B, to: (i) allow cultural, recreational and institutional uses to have automatic changeable copy signs in residential and other zoning districts where they are currently not permitted; (ii) allow third-party advertising, limited to events organized and presented by a non-profit society or public agency, on manual and automatic changeable copy signs; FURTHER THAT the By-law be referred to a Public Hearing. MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A and puts forward B for CONSIDERATION. The City Manager's comments are relatively extensive, and will be provided to Council in a separate memo as soon as possible. COUNCIL POLICY Council policy, as reflected in the Sign By-law: - 2 - (i) severely limits the size and type of signs permitted in residential districts; (ii) restricts automatic changeable copy signs to five commercial and industrial zoning districts; (iii) prohibits third-party advertising on manual and automatic changeable copy signs; and (iv) exempts public parks from the jurisdiction of the Sign By-law. SUMMARY This report responds to a request from the Board of School Trustees to install a 5 m› (54 sq. ft.) free-standing sign with automatic changeable copy on the residentially-zoned Vancouver Technical Secondary School site on East Broadway. Free-standing signs in residential districts are limited to 1.2 m› (13 sq. ft.) in size and no automatic changeable copy is allowed. Park Board staff were also considering similar signage for some community centres. At present, the Sign By-law does not apply to signs in public parks. Staff have considered the advantages and impacts of the proposed sign, and have concluded that the size limit for free-standing signs in residential districts should be increased. Recommendation A, if approved by Council, would allow larger free-standing signs for certain uses on large sites in residential districts, and would require signs in parks to comply with the Sign By-law. Based on concerns about the impacts of automatic changeable copy signs, staff are not recommending that the By-law be amended to allow these signs in residential districts. Staff have, however, drafted amendments to allow these signs, including the one proposed for Vancouver Technical, for Council's consideration. The amendments, if approved, would still attempt to reduce the impact of automatic changeable copy signs by limiting their size, allowing them only on major arterials, and requiring them to be set back from residential uses. Staff also put forward for consideration amendments to allow third-party advertising on the signs, limited to events organized and presented by a non-profit society or public agency. PURPOSE This report recommends revised regulations for free-standing and manual changeable copy signs. It also recommends an amendment to regulate signs in public parks. Amendments to allow automatic changeable copy signs in residential districts are discussed and put forward for Council's consideration. BACKGROUND Request for Amendments In June 1995, the Board of School Trustees passed a motion requesting that Council review the Sign By-law and consider amendments which would allow Vancouver Technical Secondary School to install a free-standing electronic message sign to provide improved communications. Vancouver Technical, at 2600 East Broadway, is zoned residential (RS-1S). Sign regulations are very restrictive in residential districts, and no automatic changeable copy signs (i.e., electronic message signs) are permitted. In December 1995, staff met - 3 - with the school's staff to ascertain details of the proposed sign. Also in December 1995, staff met with Board of Parks and Recreation staff to discuss automatic changeable copy signs proposed for various community centres located on city parks, most of which are zoned residential. The proposed signs were to be part of the Park Board's corporate sponsorship program and would have contained third-party advertising. Although Park Board staff have dropped the idea of corporate sponsorship signage - at least for now - this report includes these signs in its analysis, since many of the issues pertaining to them are the same as the proposed school sign. In addition, staff feel that the Sign By-law provision which exempts public parks from the By-law's jurisdiction should be reconsidered. Existing Regulations Free-standing signs are permitted in residential districts for public, institutional and charitable uses, without permit, up to 1.2 m› (13 sq. ft.) in size and 1.8 m (6 ft.) in height. No manual or automatic changeable copy is allowed in residential districts. "Manual changeable copy" refers to copy which can be changed manually by the use of detachable letters or numbers. "Automatic changeable copy" refers to copy which can be changed automatically by electronic switching of lamps or illuminated tubes. Automatic changeable copy signs are presently limited to the C-2, C-2B, C-3A, IC-2 and DD districts, and certain CD-1 districts. A number of size, height and location restrictions apply, including a requirement that automatic changeable copy signs not be located within 60 m (197 ft.) of a residential district when facing it. This provision is intended to protect the livability of residential districts by prohibiting constantly moving and flashing signs from facing them. It does not, however, protect residential uses located in commercial districts from these signs. Because of the constant movement of changing messages, automatic changeable copy signs attract considerably more attention than stationary signs and play more of an advertising, rather than an identification, role. Based on Sign By-law objectives that signage should primarily be for identification, and should not invade the reasonable privacy of adjacent residents, tenants or property owners, automatic changeable copy signs are significantly restricted in size and location in Vancouver. Proposed School and Park Signs According to proponents, the sign for Vancouver Technical Secondary School is intended to display community messages, provide information about school events and night school programs, raise school spirit, promote positive achievements, and invite parental and community participation in the school. Funds for the sign have been raised by graduating classes and the school now has sufficient money for an automatic changeable copy sign. This type of sign has been chosen because it demonstrates the technology which is being used within the school, can be used as a teaching tool, and produces messages in a variety of languages. A copy of the proposed sign is included in Appendix C. School staff advise that the sign would be used for community messages but that there is no intention to use it for third- party commercial advertising. The signs originally proposed by the Park Board for seven community centres and the Aquatic Centre were intended to include third-party commercial advertising, both on a fixed 'ad panel' and on the automatic changeable copy portion of the sign. An example of one of the proposed signs is included in Appendix D. The proposed school and park signs are free-standing signs approximately 5 m› (54 sq. ft.) in size. - 4 - DISCUSSION Factors Taken Into Consideration In considering the School Board request that the By-law be amended to allow Vancouver Technical to have the proposed sign, staff have considered the following: - the benefits that the sign would offer the school and the community; - the suitability of the site for the sign given the site's size and its location on an extremely busy arterial where impacts on surrounding properties might be minimal; - the likelihood that other schools as well as recreational and institutional uses (e.g., community centres, churches, hospitals) located in closer proximity to low-density residential uses will want to have similar signs; - the extremely restrictive sign regulations that apply to residentially-zoned sites; - the inequity of allowing certain uses to have signage opportunities not available to other uses; - the impact of automatic changeable copy signs on the appearance of the city and on residential livability; and - staff's ability to draft workable, enforceable, non-discretionary regulations to regulate such signs. Amendments to Allow Free-Standing Signs Given the large sites that most schools and other recreational and institutional uses occupy in residential districts, and the desire of many of these organizations to have signage which not only identifies the building but communicates events taking place on the site, staff believe an amendment to the By- law is warranted to allow these uses to have larger signs than presently permitted. Amendments (1) and (2) in Appendix A would permit cultural, recreational and institutional uses - whether public or private - on sites 2 000 m› (21,530 sq. ft.) or greater, to which very restrictive free-standing sign regulations currently apply, to have a free-standing sign not exceeding 5 m (16 ft.) in height and 5 m› (54 sq. ft.) in area. This is approximately the size of the proposed school sign illustrated in Appendix C. These two amendments alone would not, however, allow manual or automatic changeable copy on the signs. With approval of amendments (1) and (2), other existing Sign By-law regulations limiting the number, spacing, setbacks and clearances of free-standing signs would still apply. The regulation that prohibits free-standing signs from being within 30 m (98 ft.) of a residential district would require amendment in order to allow signs in residential districts. Amendment (3) in Appendix A would revise this requirement to apply only to a residentially-zoned site containing residential premises, and would reduce the minimum separation from 30 m (98 ft.) to 25 m (82 ft.). The 25 m separation would require that a sign located across the street from a residentially-zoned site containing residential premises be set back approximately 5 m (16 ft.) from the street, assuming an average 20 m (66 ft.) street allowance. Amendment (4) would remove the restriction which prohibits manual changeable copy signs in residential and C-1 districts. Staff are comfortable recommending the above four amendments. Although they allow for much bigger signs than presently permitted, the size of buildings on these large sites is likely to be such that the scale of these signs would not be out of context. The amendments would also reduce appeals to the Board of Variance requesting relaxation of the very restrictive free-standing sign regulations which presently apply in residential districts. The signs would be limited to approximately one- half the size of the maximum size permitted for free-standing signs in most commercial districts. Amendment to Regulate Signs in Parks - 5 - The issue of Park Board versus City Council responsibilities and jurisdiction is beyond the scope of this report. Staff advise, however, that without an amendment to the Sign By-law to regulate signs in parks, the By-law's restrictions on signage in residential districts will be undermined if the Park Board ever decides to construct corporate sponsorship signage, or any other signage not permitted by the By-law, on public parks. Most Park Board facilities, including community centres, are located on land designated "public park". Only Park Board facilities located on land not designated "public Park" by City Council are currently regulated by the Sign By-law. Corporation Counsel advises that Council has the authority to regulate signs in parks. Although Section 491 of the Vancouver Charter enables the Park Board to pass by-laws regulating advertising or signs in parks, the by-laws cannot be inconsistent with any by-law passed by City Council. Consequently, if Council were to amend the Sign By-law to regulate signs in parks, the Park Board could not pass a by-law to allow signs not permitted by Council. Amendment (5) in Appendix A would extend the regulations of the Sign By- law to public parks. Staff recommend this amendment on the basis that all land in the city, except streets, should be regulated consistently with respect to signage. Amendments to Allow Automatic Changeable Copy Approval of the above amendments would allow larger free-standing signs than currently permitted and would allow manual changeable copy. They would not, however, allow automatic changeable copy on the signs. Staff are unable to recommend amendments to the By-law to expand the districts where automatic changeable copy signs are permitted. Staff recognize the very significant advantages automatic changeable copy has over manual changeable copy: easier to change the copy since it is done electronically rather than physically; much more information can be provided since copy can be changed every few seconds; and, signs are less subject to vandalism. However, automatic changeable copy signs project a totally different image than static signs. Staff contend that this image is inconsistent with the characteristics desired in residential districts, and many other areas of the city. Staff note that the Sign By-law prohibits automatic changeable copy signs in many commercial districts due to their impact on the pedestrian environment. Staff are reluctant to put forward, even for consideration, amendments which increase the opportunities for automatic changeable copy signs. Nevertheless, staff recognize that the automatic changeable copy proposed for Vancouver Technical Secondary School would probably have no more impact than an automatic changeable copy sign in the C-3A area of Broadway, given the proposed sign's east/west orientation to Broadway traffic (i.e., not directly facing residential across Broadway), and the 230 m (750 ft.) width of the site. Staff also recognize that without an amendment to the Sign By-law, Council and staff cannot prohibit automatic changeable copy signs on public parks. There is a possibility, therefore, that automatic changeable copy signs may appear in residentially-zoned parks, if the Park Board pursues corporate sponsorship signage in the future. Consequently, staff have endeavoured to draft amendments which would allow the school sign, as well as signs for certain other uses on residentially-zoned sites, where impacts on adjacent residential premises and the image of the city might be acceptable to Council. Staff do not recommend approval but submit these for consideration. Amendments (1) (2) and (3) in Appendix B, presented only for consideration, would allow cultural, recreational and institutional uses to have automatic changeable copy on free-standing signs in all - 6 - districts where they are presently not permitted (except the historic districts) provided that: - the sign is located adjacent to a street marked for six lanes of moving traffic, or four lanes of moving traffic combined with two lanes of curb parking; - the sign is more than 60 m (197 ft.), measured perpendicularly to the face of the copy at its midpoint, from any residential premises; and - the automatic changeable copy portion of the sign is limited to a maximum size of 2.3 m› (25 sq. ft.). The above amendments would accommodate the Vancouver Technical Secondary School sign and would accommodate what sign industry representatives have advised is a standard 3 x 8 ft. automatic changeable copy sign. The amendments would not accommodate all the originally proposed Park Board signs (should Council decide to apply the Sign By-law to parks) since they are not all located on streets which meet the criterion listed above. The six-lane criterion has been chosen because streets developed to this standard, such as Broadway, Oak and Granville, carry a large volume of traffic which would mitigate, to some extent, the impact of the signs. Amendment (2) in Appendix B which requires an automatic changeable copy sign to be more than 60 m (197 ft.) from any residential premises, measured perpendicularly to the face of the sign, would effectively require that any such sign located across the street from residential premises be perpendicular to the street. This amendment would ameliorate the problem with existing regulations which allow automatic changeable copy signs to face directly into residential premises in commercial districts. In summary, amendments (1) (2) and (3) in Appendix B would allow automatic changeable copy signs for cultural, recreational and institutional uses in residential districts, subject to location, setback and size restrictions. These signs would only be allowed on free-standing signs and would also be subject to the free-standing sign regulations. While staff are aware of the desire of Vancouver Technical School, some churches, and other uses to have automatic changeable copy signs, staff do not know the public's views on the introduction of these signs in residential districts. Consequently, staff are presenting automatic changeable copy amendments only for Council's consideration. Amendments to Allow Limited Third-Party Advertising At present, the By-law restricts third-party advertising to: (1) billboards, parking lot advertising signs, signs in conjunction with murals and signs at General Motors Place; and (2) 30 percent of the total copy area of all other signs, provided that the products or services advertised are sold or provided on the premises at which the sign is located. Except for signs at General Motors Place, no automatic changeable sign is permitted to display any third-party advertising. Advertising of an event on another site (e.g., Vancouver Technical Secondary School displaying a message about a community centre event) would be third- party advertising. Amendment (4) in Appendix B, also not recommended by staff but presented for Council's consideration, would amend the By-law to allow cultural, recreational and institutional uses to have limited third-party advertising on manual and automatic changeable copy, restricted to the - 7 - display of events organized and presented by a non-profit society or public agency. This amendment would allow the Vancouver Technical Secondary School sign and any other automatic changeable copy sign to announce non-commercial community events. If Council wishes to allow automatic changeable copy in residential districts, staff are not opposed to the signs being used to promote such community events. Staff would, however, be opposed to any form of commercial third-party advertising on these signs (e.g., advertising of McDonald's, ShowBoat, or a Grizzlies game). School Board Comments A draft of this report was provided to the Vancouver School Board on January 26, 1996 for review and comment. A copy of the responses received from the Director of Planning and Facilities and the Principal of Vancouver Technical Secondary School are attached as Appendices E and F. In summary, the Board "supports the placement of a free-standing and changeable copy sign on the Vancouver Technical School site, and urges Council to adopt changes to the Sign By-law which will facilitate the approval of the request from Vancouver Technical School". However, both the Board and school staff express concern that this specific request cannot be approved without more extensive amendments to the Sign By-law which affect other sites and uses. The Principal of Vancouver Technical School advises that residential neighbours have been surveyed and do not object to the sign, and that concerns about potential adverse impacts of the changeable copy sign will be addressed through limiting its hours of operation and the speed of the message changes, and by orienting the sign to minimize any impact to neighbours. In response to the concern that the Vancouver Technical School sign cannot be accommodated without amendments to the By-law which affect other sites and uses, Planning staff note that the Sign By-law does not lend itself to individual site-specific sign regulations since the By- law's schedules (i.e., differing regulations) are based on zoning districts. Further, one of the objectives of the review of the previous Sign By-law in the mid-eighties was the simplification of sign regulations and a reduction in the number of different sign schedules which apply to zoning districts. The current By-law reflects this objective, although Council has departed from it twice in recent years by adopting site-specific regulations for General Motors Place and the VanCity building at Main and Terminal. Staff advise that further site-specific regulations will necessitate a comprehensive re-write and restructuring of the Sign By-law. This will result in a bigger, more complicated Sign By-law, requiring additional staff resources for permit processing and enforcement, and for preparing reports responding to requests for additional site-specific sign regulations. A more complicated Sign By-law will further contribute to the growth and complexity of development control regulations which are the cause of many of the permit administration problems. Staff feel a more complicated By-law will likely be opposed by the sign industry. If Council wishes to accommodate the Vancouver Technical School sign without establishing site-specific regulations for the site, or without allowing the same sign opportunities for other sites and uses which meet the proposed size and location restrictions, Council could: (1) rezone the site or a portion of the site to C-2 or C-3A (commercial districts which allow such signs); or (2) restrict the proposed amendments to schools. Staff strongly oppose increasing the commercial zoning on Broadway for the purpose of allowing a sign. C-2 or C-3A zoning would also allow for a bigger sign than the one proposed, as well as other types of signs - 8 - (e.g., billboards). Staff also do not support singling out schools in residential districts for automatic changeable copy signs. Staff feel that if Council accepts the arguments for allowing an automatic changeable copy sign for the school, these arguments apply equally well to community centres, churches, hospitals and other institutional uses providing community services. Park Board Comments A copy of the draft report was also sent to the General Manager of the Board of Parks and Recreation on January 26, 1996 for staff's and/or the Park Board's review and comment. At time of finalization of this report, no written response has been received. However, Park Board staff have verbally expressed concern that the issue of park signage has been included in the report when staff are no longer proposing corporate sponsorship signage. PERSONNEL AND FINANCIAL IMPLICATIONS The small signs currently allowed in residential districts are not required to obtain a sign permit. A permit would be required for the larger free-standing signs recommended in this report. This, along with the recommendation to bring signs in public parks within the jurisdiction of the Sign By-law, will require staff resources to process the sign permits. It is difficult to estimate the increase in sign permit processing resources required by the amendments put forward in Recommendation A and Consideration B, but given the need for the Sign Permit Review Clerk to work overtime on some occasions, any additional processing demands will likely result in increased overtime or the need for additional staff. Staff are currently preparing a report for Council on increasing sign permit application fees to achieve full cost recovery, and this report is expected to address Sign By-law administration and enforcement staffing needs. CONCLUSION Staff recommend referral to Public Hearing, and approval of amendments which would allow larger free-standing signs than presently allowed in residential districts. Staff also recommend amendments to bring public parks within the jurisdiction of the Sign By-law. Staff put forward for Council's consideration amendments which would allow automatic changeable copy signs, with limited third-party advertising, in residential districts, but do not recommend approval. * * * * * APPENDIX A Page 1 of 2 PROPOSED AMENDMENTS TO SIGN BY-LAW (RECOMMENDATION A) (1) TO ALLOW LARGER FREE-STANDING SIGNS FOR CULTURAL, RECREATIONAL AND INSTITUTIONAL USES IN RESIDENTIAL DISTRICTS REGULATED BY SCHEDULE A Add the following new provision to Schedule A - Residential Areas: "(c) Free-standing sign, except that: (i) a free-standing sign shall be permitted only for cultural and recreational uses and institutional uses, including accessory uses, on a site exceeding 2 000 m› in area, subject to compliance with the side and rear yard and building requirements of the Zoning and Development By-law; (ii) the height of a free-standing sign shall not exceed 5 m; and (iii) the sign area of a free-standing sign shall not exceed 5 m›." (2) TO ALLOW THESE USES TO HAVE SAME SIGN OPPORTUNITIES IN FM-1, C-1, C-5, C-6, C-7 AND WEST END RM DISTRICTS Add the following new provision as Section (h)(iv) of Schedule B and Section (g)(iv) of Schedule D: "a free-standing sign shall be permitted for cultural and recreational uses and institutional uses, including accessory uses, subject to compliance with Section (c) of Schedule A." (3) TO REDUCE THE REQUIRED SETBACK OF FREE-STANDING SIGNS TO RESIDENTIAL DISTRICTS AND ONLY APPLY SETBACK TO ADJACENT SITES CONTAINING RESIDENTIAL PREMISES Amend Section 10.7.2(f) as follows (underlining indicates amendment): "A free-standing sign shall not be located within 25 m of any site in a Residential Area, as identified in Section 9.2, containing residential premises, which abuts the same street as the sign." APPENDIX A Page 2 of 2 (4) TO ALLOW MANUAL CHANGEABLE COPY IN DISTRICTS WHERE PRESENTLY NOT PERMITTED Amend Section 11.7.2 as follows ( indicates deletion): "Manual changeable copy shall be permitted on a sign in all areas except in residential areas as listed in Section 9, HA-1, HA-1A, HA-2, HA-3 and HA-4, RM-5B, RM-5A, RM-5B, RM-5C, RM-6 and C-1 Districts, ..." (5) TO REGULATE SIGNS IN PUBLIC PARKS Amend Section 3.1 as follows ( indicates deletion): "This By-law applies to all signs on any property other than streets, lanes or public parks, and to all signs encroaching over a street or lane, except as noted in Section 3.2." APPENDIX B Page 1 of 2 PROPOSED AMENDMENTS TO SIGN BY-LAW (CONSIDERATION B) (1) TO ALLOW AUTOMATIC CHANGEABLE COPY FOR CULTURAL, RECREATIONAL AND INSTITUTIONAL USES IN DISTRICTS WHERE PRESENTLY NOT PERMITTED Amend Section 11.8.1 as follows (underlining indicates amendment): "Automatic changeable copy shall only be permitted: (a) in C-2, C-2B, C-3A, IC-2, DD Districts and the site regulated by CD-1 Number 311 (General Motors Place); and (b) for cultural and recreational uses and institutional uses, in all other districts, except HA-1, HA-1A, and HA-2, provided the sign is located adjacent to a street marked for a minimum of six lanes of moving traffic, or a minimum of four lanes of moving traffic combined with two lanes of curb parking; except that automatic changeable copy shall not be permitted in areas designated by Schedule 'F' and 'G'." (2) TO PREVENT AUTOMATIC CHANGEABLE COPY FROM FACING RESIDENTIAL USES Amend Section 11.8.3 as follows (underlining indicates amendment): "Automatic changeable copy shall not be located within 60 m, measured perpendicularly to the face of the copy at its midpoint, of any residential premises." (3) TO LIMIT THE SIZE OF AUTOMATIC CHANGEABLE COPY SIGNS FOR CULTURAL, RECREATIONAL AND INSTITUTIONAL USES Amend Section 11.8.5 as follows (underlining indicates amendment): "The automatic changeable copy area of a sign shall not exceed 80 percent of the sign area to a maximum of : (a) 4 m› for a site less than 0.4 ha except as provided in Section 11.8.5(c); or (b) 8 m› for a site 0.4 ha or more, except as provided in Section 11.8.5(c) or Section 11.8.6; or (c) 2.3 m› for a sign permitted by Section 11.8.1(b)." APPENDIX B Page 2 of 2 (4) TO ALLOW THIRD-PARTY ADVERTISING OF COMMUNITY EVENTS ON MANUAL AND AUTOMATIC CHANGEABLE COPY SIGNS Amend Section 11.6.2 as follows (underlining indicates amendment, deletion): "Except for a billboard, a parking lot advertising sign, or a sign in conjunction with a mural, or a manual or automatic changeable copy sign displaying events organized and presented by a non-profit society or public agency, no third-party sign shall be permitted." Amend Section 11.8.9 as follows (underlining indicates amendment): "No sign with automatic changeable copy shall be permitted to display any third-party advertising on the changeable copy, except for a free-standing sign for cultural and recreational uses and institutional uses."