Item - 2009.PG33.10

That City Council adopt the recommendations contained in the supplementary report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b], with the following amendment:

1.         The draft sign by-law attached to the report (Appendix A – Revised Appendix A) be amended by adding to Section 694-22.A, the words "and electronic static copy", so that the sub-section now reads:

            694-22 Third party sign general regulations.

            "A.       Third party signs are permitted to display mechanical copy and electronic static copy."

(Referred by motion 9)

That City Council adopt the recommendations contained in the supplementary report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b], with the following amendment:

1.         The draft sign by-law attached to the report (Appendix A – Revised Appendix A) be amended by deleting “Illumination between the hours of 11 p.m. and 6 a.m.” and replacing it with “Illumination between the hours of 1:00 a.m. and 5:00 a.m.” in subsection 694-18 C, so that the Subsection now reads:

 C.       No sign shall be illuminated between the hours of 1:00 a.m. and 5:00 a.m. except where:

1.         the sign is a first party sign associated with a lawful business which operates during this period and only while the business is actually in operation; or

2.         the sign is located in the Downtown Yonge Street Special Sign District, the Dundas Square Special Sign District, or the Gardiner Gateway Special Sign District.

(Amended by motion 13a)

That City Council adopt the recommendations contained in the supplementary report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b], with Recommendation 4 deleted and replaced as follows:

4.         City Council establish and adopt the following tax rates to be applied to the annual Third Party Sign Tax in accordance with the design features set out in Appendix E to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer:

                                  Class I Signs Class II Signs Class III Signs Class IV Signs Class V Signs

Pro-rated per

Sign - 2010                $430               $1,075            $1,865              $4,125             $9,000

Rate per Sign –

2011                           $575               $1,430            $2,480              $5,515              $12,035

That City Council adopt the recommendations contained in the supplementary report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b], with Recommendation 9 amended by deleting the words “July 1, 2010” and inserting the words “on the date the sign by-law comes into effect”, so that Recommendation 9 now reads as follows:

9.         Council adopt an annual Third Party Sign Tax (the “TPST”), payable by all Third Party Sign Owners on each Third Party Sign owned by them, to be effective on the date the sign by-law comes into effect, in accordance with the design features set out in Appendix E to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, with the exception of the rates.

That the City Manager be requested to consider and report back to the Planning and Growth Management Committee, prior to the effective date of the tax only if any recommended amendments are required, to be based on any sign industry financial statements, including worksheets, and access to Auditors, to be received before March 31, 2010.

(Amended by motion 19a)

That City Council amend Recommendation 15 of the Planning and Growth Management Committee by deleting the words "to offset funding for City beautification and arts and culture initiatives, with a particular emphasis on visual and community arts", and replacing them with the words "to enhance the existing graffiti eradication program within Municipal Licensing and Standards, and the remainder not be specified for any purpose other than the 2010 Operating Budget", so that Recommendation 15 now reads:

15.       City Council allocate $1,413,600 from the revenues of the TPST towards repayment of the Public Realm Reserve Fund for the cost to secure space and equipment and program development costs and refer the remainder of the net revenues to the 2010 budget cycle to enhance the existing graffiti eradication program within Municipal Licensing and Standards, and the remainder not be specified for any purpose other than the 2010 Operating Budget.

That the draft sign by-law attached to the report (November 27, 2009) from the Deputy City Manager, Cluster B, and the Deputy City Manager and Chief Financial Officer [PG33.10b] as Appendix A – Revised Appendix A – New Sign By-law for the City of Toronto, be amended by:

             a.        amending Section 694-19, headed "Sign Districts", to include a new sign district for Emery Village, which should include a map outlining the district in Schedule A, and be described as follows:

                            (16) EV-SSD   Emery Village Special Sign District.

b.         amending Section 694-26, headed "Special sign district sign regulations", to include Emery Village as follows:

                         The Emery Village Special Sign District may, subject to conforming to Emery Village Business Improvement Area sign design standards as described in Schedule B of this chapter and the approval of the Emery Village Business Improvement Area sign committee, contain the following third party signs:

1.          wall sign erected on a property designated C-Commercial, E-Employment and U-Utility.

a          The sign face area shall not exceed 22 square metres.

b.         The height shall not exceed 15.0 metres.

c.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

                                     d.        The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

e.         The sign shall not extend beyond either end of the wall on which it is erected.

f.          The sign shall have no more than one single face.

g.         The sign shall not extend above the wall or parapet wall of the building on which it is erected.

2.         A ground sign erected on a property designated C-Commercial,  E-Employment and U-Utility provided:                    

a.                 The sign face area shall not exceed 22 square metres.

b.         The height shall not exceed 10.0 metres.

c.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

d.         The sign shall not be erected within 2.0 metres of a property line.

e.         The sign shall not be erected within 6.0 metres of a street line.

f.          The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

g.         The sign shall have no more than two sign faces.

                         3.        Notwithstanding sub-section 694-15B(2) a roof sign erected on a property designated C-Commercial and E-Employment provided:

a.         The sign face area shall not exceed 22 square metres.

b.         The sign shall not be erected on a building exceeding 3 stories.

c.         The height shall not exceed 10.0 metres from the roof directly below the sign.

d.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

e.         The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

f.          The sign shall have no more than two sign faces.

4.         A ground sign containing electronic static copy erected on a property designated as C-Commercial,  E-Employment and U-Utility provided:

a.         The sign face area shall not exceed 50 square metres.

b.         The height shall not exceed 10.0 metres.

c.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

d.         The sign shall not be erected within 2.0 metres of a property line.

e.         The sign shall not be erected within 6.0 metres of a street line.

f.          The sign shall not be erected or displayed within 100 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

g.         The sign shall not be erected within 200 metres of another third party sign containing electronic static copy.

h.         The sign shall have no more than two sign faces.

5.         A roof sign containing electronic static copy erected on a property designated as C-Commercial,  E-Employment  provided:

a.         The sign face area shall not exceed 50 square metres.

b.         The sign shall not be erected on a building exceeding 3 stories.

c.         The height shall not exceed 10.0 metres from the roof directly below the sign.

d.         The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

e.         The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

f.          The sign shall have no more than two sign faces.

g.         The sign shall not be erected within 200 metres of another third party sign containing electronic static copy.

6.         A wall sign containing electronic static copy erected on a property designated C-Commercial, E-Employment provided:

a.        The sign face area shall not exceed 50 square metres.

b.        The height shall not exceed 15.0 metres.

c.        The sign shall not be erected within 30 metres of the intersection of a major street with any other street.

d.       The sign shall not be erected or displayed within 30 metres of any premises located, in whole or part, in a R, RA, or OS sign district.

e.        The sign shall not extend beyond either end of the wall on which it is erected.

f.        The sign shall have no more than one single face.

g.        The sign shall not extend above the wall or parapet wall of the building on which it is erected.

h.        The sign shall not be erected within 200 metres of another third party sign containing electronic static copy.

7.         Notwithstanding any provisions to the contrary in this chapter, any existing third party sign that has been legally erected before or after the adoption of this chapter can be replaced in whole or in part providing that the height of the new sign does not exceed the height of the existing sign, and the sign face area of the new sign does not exceed the sign face area of the existing sign or the maximum sizes outlined in the EV-SSD, whichever is greater.  The new sign may contain mechanical copy.

(Referred by motion 6e)

That Recommendation 9 of the Planning and Growth Management Committee be deleted and replaced with the following:

9.         The Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer be directed to consult further with the industry on an appropriate Third Party Sign Tax rate.

That the new sign regulations prohibit third party electronic fuel pump signs.

That electronic fuel pump signs be limited in their application to no more than 50 percent of the fuel pumps on any particular property. 

That the notification provisions which are proposed for owners, be also extended to business and residential tenants and such additional notification may be by way of postal drop or bill distribution all at the expense of the applicant.

That Subsection 694.6 A(3) of the draft sign by-law appended to the report (November 27, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer be amended by adding the words "or BIA", so that the subsection now reads:

               694-6 Exemption from permit requirements.

               "A(3)            A sign erected by a charitable, cultural or community organization, or BIA, for the purpose of advertising events held or sponsored by such organization, provided:"

That City Council amend Recommendation 15 of the Planning and Growth Management Committee by deleting the word "offset" and replacing it with the word "enhance", so that Recommendation 15 now reads:

15.       City Council allocate $1,413,600 from the revenues of the TPST towards repayment of the Public Realm Reserve Fund for the cost to secure space and equipment and program development costs and refer the remainder of the net revenues to the 2010 budget cycle to enhance funding for City beautification and arts and culture initiatives, with a particular emphasis on visual and community arts.

That Recommendation 9 of the Planning and Growth Management Committee be amended by deleting "July 1, 2010" and inserting instead "April 6, 2010", so that the recommendation now reads:

9.         Council adopt an annual Third Party Sign Tax (the “TPST”), payable by all Third Party Sign Owners on each Third Party Sign owned by them, to be effective April 6, 2010, in accordance with the design features set out in Appendix E to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, with the exception of the rates.

That Subsection 694-2, Scope, of the draft sign by-law appended to the report (November 27, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer be amended by adding a new Subsection 10 to read:

(10)      signs on railway bridges located at the intersection of St. Clair Avenue West and Davenport Road and the intersection of St. Clair Avenue West and Caledonia Road.

That:

1.         Recommendation 7 of the Planning and Growth Management Committee be amended to now read:

7.         City Council delegate to the Sign Variance Committee the authority to make final decisions on the hearing of appeals of the Chief Building Official’s decisions, on first party sign variance applications and to make decisions on third party sign variance applications in accordance with the criteria for evaluating applications for variances set out in Appendix A to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer, subject to an appeal in respect of approved variances only, at the instance of the Ward Councillor(s) to the Community Council and then to City Council for final decision, such delegation to come into effect on April 6, 2010.

2.         The Deputy City Manager, Cluster B, be requested to report to the Planning and Growth Management Committee on possible amendments to the by-law and to Chapter 27, Council Procedures, of the City of Toronto Municipal Code, which would implement Part 1 above.

That Recommendation 15 of the Planning and Growth Management Committee be amended by deleting the words "City beautification and arts and culture initiatives, with a particular emphasis on visual and community arts", and replacing them with the words "the initiatives to reduce the capital maintenance backlog of Parks, Forestry and Recreation and/or to fund Parks, Forestry and Recreation's recreation programs", so that Recommendation 15 now reads:

15.       That City Council allocate $1, 413,600 from the revenues of the TPST towards repayment of the Public Realm Reserve Fund for the cost to secure space and equipment and program development costs and refer the remainder of the net revenues to the 2010 budget cycle to offset funding for the initiatives to reduce the capital maintenance backlog of Parks, Forestry and Recreation and/or to fund Parks, Forestry and Recreation's recreation programs.

That Recommendation 15 of the Planning and Growth Management Committee be amended by deleting the words "to offset funding for City beautification and arts and culture initiatives, with a particular emphasis on visual and community arts", so that Recommendation 15 now reads:

15.       City Council allocate $1,413,600 from the revenues of the TPST towards repayment of the Public Realm Reserve Fund for the cost to secure space and equipment and program development costs and refer the remainder of the net revenues to the 2010 budget cycle.

That Motion 2b by Councillor Heaps be amended by adding the words "and third-party Auditors", so that the motion now reads as follows:

That the City Manager be requested to consider and report back to the Planning and Growth Management Committee, prior to the effective date of the tax only if any recommended amendments are required, to be based on any sign industry financial statements, including worksheets, and access to Auditors and third-party Auditors, to be received before March 31, 2010.

That:

1.         in the event that the New Sign Regulation and Revenue Strategy for the City of Toronto is subjected to a court challenge, no permits be issued or applications be received until such time as any legal action is resolved; and

2.         any legal fees or costs associated with a legal challenge be paid for by an increase to the new tax and the permit fees.

That Recommendation 4 of the Planning and Growth Management Committee be deleted and replaced with the following:

4.         City Council establish and adopt the following tax rates to be applied to the annual Third Party Sign Tax in accordance with the design features set out in Appendix E to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer:

                                  Class I Signs Class II Signs Class III Signs Class IV Signs Class V Signs

Pro-rated per

Sign - 2010                $1,290            $3,225            $5,5595            $12,375             $27,000

Rate per Sign –

2011                           $1,725            $4,290            $7,440              $16,545              $36,105

That Recommendation 15 of the Planning and Growth Management Committee be amended by deleting the words "to offset funding for City beautification and arts and culture initiatives, with a particular emphasis on visual and community arts", and replacing it with "for the purpose of constructing new ice rink facilities to address the shortage of ice surfaces in the City of Toronto", so that Recommendation 15 now reads:

15.       City Council allocate $1,413,600 from the revenues of the TPST towards repayment of the Public Realm Reserve Fund for the cost to secure space and equipment and program development costs and refer the remainder of the net revenues to the 2010 budget cycle for the purpose of constructing new ice rink facilities to address the shortage of ice surfaces in the City of Toronto.

That Council adopt the following Recommendation 4 of the supplementary report (November 27, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer (Item PG33.10b):

4.         City Council establish and adopt tax rates to be applied to the annual Third Party Sign Tax in accordance with the design features set out in Appendix E to the report (October 20, 2009) from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer.