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AGENDA - Council - 20050816
NO.05-27 TUESDAY, AUGUST 161 2005 7:00 P.M. HOLLAND ROOM AURORA TOWN HALL PUBLIC RELEASE 12/08/05 eft TOWN OF AURORA COUNCIL MEETING AGENDA NO. 05-27 Tuesday, August 16, 2005 7:00 p.m. Holland Room 7:00 P.M. - OPEN FORUM — COUNCIL MEETING TO FOLLOW I DECLARATIONS OF PECUNIARY INTEREST ll APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. 111 ADOPTION OF MINUTES Special Council Minutes of June 22, 2005, Meeting Number 05-22, Revised Council Minutes of July 12, 2005, Meeting Number 05-25 and Special Council Minutes of July 21, 2005, Meeting Number 05-26 RECOMMENDED: THAT the Special Council Minutes from Meeting Number 05-22, the revised Council Minutes from Meeting Number 05-25 and the Special Council Minutes from Meeting Number 05-26 be adopted as printed and circulated. IV PRESENTATIONS R.7T Council Meeting No. 05-27 Page 2 of 11 Tuesday, August 16, 2005 V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Vll DELEGATIONS (a) Mr. James Johnston, Zip Signs Ltd. (pg. D-1&2) Re: Item 7 — Variance to Sign By-law 4622-04.P Bank of Montreal —15252 Yonge Street (b) Mr. Wayne Ramsay, Zip Signs Ltd. (pg. D-1&2) Re: Item 7 — Variance to Sign By-law 4622-04.P Bank of Montreal —15252 Yonge Street (c) Mr. Dan O'Kopniak, Bank of Montreal (pg. D-1&2) Re: Item 7 — Variance to Sign By-law 4622-04.P Bank of Montreal —15252 Yonge Street Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX REGIONAL REPORT X OTHER BUSINESS, COUNCILLORS X1 READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4676-05.D BEING A BY-LAW to (pg. B-1) amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora (File D14-08-02, 15450 Yonge Street) Council Meeting No. 05-27 Tuesday, August 16, 2005 Page 3 of 11 4694.05.0 BEING A BY-LAW to (pg. B-5) confirm actions by Council resulting from the meeting of August 16, 2005. Xll IN -CAMERA Personnel Matter THAT Council proceed In -Camera to address a personnel matter. Xlll ADJOURNMENT Council Meeting No. 05-27 Page 4 of 11 Tuesday, August 16, 2005 AGENDAITEMS 1. LSAC05-07 — July 14, 2005 Leisure Services Advisory (pg. 1) Committee Meeting RECOMMENDED: 1. THAT the Committee Record of the Leisure Services Advisory Committee meeting, held on July 14, 2005, be received for information and Council endorse the following recommendations of the Leisure Services Advisory Committee: 2. Review of Community Survey THAT review of the Community Survey be deferred to the next Leisure Services Advisory Committee meeting. 3. Evaluation of Submissions of Expressions of Interest on the Lease of Library Square THAT the Director of Leisure Services bring an in -camera report to the first possible General Committee meeting identifying the community groups that the committee feels should be approached to negotiate a possible lease for space in Library Square; and THAT the Director of Leisure Services present the criteria used for evaluation of the groups, the point totals and the rankings as determined by the committee for all groups. 2. TSAB05-020 — June 8, 2005 Traffic Safety Advisory Board Meeting (pg. 9) RECOMMENDED: 1. THAT the Committee Record of the Traffic Safety Advisory Board meeting, held on July 13, 2005, be received for information and Council endorse the following recommendations of the Traffic Safety Advisory Board: 2. June 30, 2005 email from Ms. Lori McMillan regarding safety concerns on Mosley Street. THAT staff be requested to determine if additional school zone and park signage is required in the area around the Wells Street School and Town Park. Council Meeting No. 05-27 Page 5 of 11 Tuesday, August 16, 2005 3. Report No. TSAB05-014 —Three-Hour Parking Limit. THAT Report No. TSAB05-014 — Three Hour Parking Limit be received as information; and THAT a 6-hour parking limit be approved; and THAT staff be asked to look at the rules of evidence to have two officers involved in the issuance of a ticket; and THAT the necessary by-law be submitted to Council for approval; and THAT the proposed 6-hour parking limit come into effect after the end of the Winter Parking Restrictions on April 15, 2006; and THAT a four month education program be established to inform citizens of the proposed 6-hour parking limit; and THAT the proposed 6-hour parking limit does not apply to those streets already signed with time restricted prohibitions; and THAT a follow-up report be submitted to the Board in October 2006; and THAT funds in the amount of $8,000.00 be allocated in the Public Works operating budget for 2006 for the purchase and installation of the necessary signage. 4. Report No. TSAB05-01 8 — Annual Crossing Guard Report. THAT Report No. TSAB05-018 entitled "Annual Crossing Guard Report' be received for information; and THAT the existing school crossing guard at the Wellington Street East and Wells Street intersection be removed; and THAT a further report regarding the need for school crossing guards during the noon hours be submitted to Council as soon as practicable. 5. July 6, 2005 memorandum from the Traffic/Transportation Analyst regarding Parking Concerns on Spruce Street. THAT parking be prohibited on the west side of Spruce Street from Centre Street to a point 15 meters north of Centre Street; and THAT the necessary by-law be submitted to Council to implement the above recommendation. Council Meeting No. 05-27 Tuesday, August 16, 2005 Page 6 of 11 6. May 20, 2005 email from Ms. Teresa Black regarding parking concerns on Snedden Avenue. THAT the May 20, 2005 email from Ms. Teresa Black regarding parking concerns on Snedden Avenue be deferred to the next TSAB meeting. 7. June 9, 2005 letter from Mr. Tim Lennard regarding safety concerns on Spruce Street. THAT 40km/hr speed limit signs be installed on Spruce Street for its entire length; and THAT staff be requested to determine if advance curve warning signs are warranted on Spruce Street south of Walton Drive; and THAT a letter be sent to Mr. Tim Lennard with the TSAB's recommendations. 8. July 5, 2005 letter from Ms. Marjorie Saunders regarding parking on CVpress Court. THAT no further parking prohibitions be implemented on Cypress Court at this time; and THAT a letter be sent to Ms. Marjorie Saunders with the TSAB's recommendations. 3. Memo from Councillor West (pg. 18) Re: Lake Simcoe Region Conservation Authority's Report Regarding Tree Planting RECOMMENDED: THAT Council receive for information, the report regarding tree planting from the Lake Simcoe Region Conservation Authority. 4. Correspondence from the City of Vaughan (pg. 22) Re: City of Toronto Act — GTA Pooling RECOMMENDED: THAT Council receive and endorse the following resolution from the City of Vaughan: Council Meeting No. 05-27 Tuesday, August 16, 2005 Page 7 of 11 WHEREAS the City of Toronto has requested the Province of Ontario amend the City of Toronto Act; WHEREAS the City of Toronto is requesting that the Province provide the City with more authority and autonomy to address local issues; WHEREAS the City of Toronto is requesting greater authority with respect to generating revenues; WHEREAS GTA municipalities have previously requested that the requirement for GTA municipalities to send locally collected tax dollars to assist the City of Toronto ("GTA Pooling") be discontinued; WHEREAS the province has indicated that they will be introducing new legislation to address Toronto's concerns this fall; NOW THEREFORE BE IT RESOLVED: THAT GTA Pooling be discontinued and Toronto be provided the necessary authority to address their funding issues within the City of Toronto; THAT this resolution be circulated to Dalton McGuinty, Premier of Ontario, the Hon. John Gerrestsen, Minister of Municipal Affairs and Housing, the Hon. Greg Sorbara, Minister of Finance, MPPs within the GTA, municipalities within the GTA and the City of Toronto. 5. Correspondence from Councillor Gaertner (pg. 25) Re: The Process for Re -consideration of an Agenda Item RECOMMENDED: THAT Council provide direction on this matter. 6. BA05-008 — Variance to Sign By-law 4622-04.P — Sleep Better (pg. 26) Mattress Company — 446 Hollandview Trail RECOMMENDED: THAT Council grant the variance to permit approximately 14.5 square metres of signage at 446 Hollandview Trail so as to allow Sleep Better to incorporate lifestyle images into the proposed signage. Council Meeting No. 05-27 Page 8 of 11 Tuesday, August 16, 2005 7. BA05-009 — Variance to Sign By-law 4622-04.P — Bank of Montreal (pg. 34) 15252 Yonge Street RECOMMENDED: THAT Council deny the request for a variance to the By-law to permit the Bank of Montreal to install a new larger pylon sign on the northwest corner of Yonge Street and Wellington Street. 8. CS05-022 — Sign By-law (pg. 43) RECOMMENDED: THAT Council provide direction with respect to portable signs. 9. CS05-024 — Complaint Handling Procedures — Taxi Drivers (pg. 85) RECOMMENDED: THAT the report entitled Complaint Handling Procedures — Taxis Drivers be received for information. 10. PW05-023 — Region of York Noise Policy Update (pg. 87) RECOMMENDED: THAT Report No. PW05-023 dealing with the Region of York Noise Policy Update be received by Council; and THAT the Region of York be informed the Town of Aurora supports the Region of York Noise Policy Update; and THAT Report No. PW05-023 entitled 'Region of York Noise Policy Update" be forwarded to the Region of York as input to the finalization of their new Noise Policy. Council Meeting No. 05-27 Page 9 of 11 Tuesday, August 16, 2005 11. TR05-024 — 2005 Financial Review as at June 30, 2005 (pg. 110) RECOMMENDED: THAT the Financial Services Report TR05-024, entitled "2005 Financial Review as at June 30, 2005", be received for information. 12. PL05-046 — Minor Site Plan Application Process (pg. 126) RECOMMENDED: THAT, pursuant to the Town's Strategic Plan, more minor Industrial, Commercial and Institutional development applications be reviewed and processed in an expedited manner through a Minor Site Plan application process as outlined within Staff Report PL05-046; and THAT Council endorse the precedent Minor Site Plan agreement appended to Staff Report PL05-046; and THAT Staff continue to monitor methods of streamlining Site Plan applications and report to Council with recommendations for changes to the review and approval process as may be appropriate. 13. PL05-071 — Zoning By-law Amendment Applications (pg. 142) David LeGallais, 154 Wellington Street East File D14-05-05 RECOMMENDED: THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-05-05, and schedule the application for the September 28th, 2005 Public Planning Meeting. 14. PL05-072 — Zoning By-law Amendment Applications (pg. 147) Gathering Place of Aurora, 210 Edward Street File D14-07-05 RECOMMENDED: THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-07-05, and schedule the application for the September 28th, 2005 Public Planning Meeting. Council Meeting No. 05-27 Tuesday, August 16, 2005 Page 10 of 11 15. PL05-073 — Zoning By-law Amendment Applications (pg. 152) Richard Allen and Associates Ltd., 15032 Yonge Street Pt Lots 39 and 40, Plan 39 File D14-09-05 RECOMMENDED: THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-09-05, and schedule the application for the September 28th, 2005 Public Planning Meeting. 16. PL05-075 — Application to Amend the Zoning By-law and (pg. 157) Application for Site Plan Approval Aurora Heights Development Inc., 15450 Yonge Street Part of Lot 3 and Part of Block B of Registered Plan 246 Files D14-08-02 and D11-01-05 RECOMMENDED: THAT Report PL05-075 be received as information and that, subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning and Development Services to execute a Site Plan Agreement between Aurora Heights Development Inc. and the Town of Aurora to permit the construction of a five storey residential condominium building with ground floor retail uses on the subject property; and, THAT Council enact implementing Zoning By-law 4676-05.D. 17. PL05-076 — Zoning By-law Amendment Application (pg. 172) Temporary Use La Maison Montessori School (Vic Priestly Demolition) 669 Wellington Street East Part of Lot 80, Concession 1, E.Y.S. File D14-10-05 RECOMMENDED: THAT Council receive as information the following overview of an Application to Amend the Zoning By-law (File D14-10-05), and schedule the Public Planning Meeting for September 28th, 2005. Council Meeting No. 05-27 Tuesday, August 16, 2005 Page 11 of 11 18. CS05-023 — New Domain Name for Website (pg. 177) RECOMMENDED: THAT Council select e-aurora.ca as the new domain name for the Town of Aurora website. COUNCIL — AUGUST 16, 2005 Delegation a, b, c August 10, 2005 Town of Aurora, 1 Municipal Drive, Box 1000, Aurora, Ontario ]LAG 6J1 Attention: Bob Panizza, Director of Corporate Services Subject: Variance Application for Bank of Montreal, Pylon 15252 Yonge St., Aurora, Ontario Dear Sir: As authorized agent for the Bank of Montreal (see attached Letter of Authorization), I wish to be present and available with a delegation of three (3) people to address the subject Variance at Counsel on Tuesday, August 16, 2005 @ 7:00 p.m. I trust this complies with the required procedure. Yours truly, James A. Johnston, Authorize Agent for Bank of Montreal for Sign Permit and Installation Purposes Zip Signs Ltd., 5040 North Service Road, Burlington, Ontario L7L 5R5 Phone: 905-332-8332 Ext. 295 Fax: 905-332-9825 D-1 COUNCIL - AUGUST 16, 2005 BMO 0 Financial Group 14 July 2005 To Who It May Concern: Re: Letter of Authorization — BMO Bank of Montreal — Re -Branding Corporate Real Estate 171h R, 55 Bloor Street West Toronto, M4W 3N5 T:(416)927.6551 F. (416) 9273000 BMO Financial Group is undergoing a national signage program and hereby authorizes ZIP Signs Limited or its agents to act on its behalf in applying for and obtaining signage permits for BMO branches across Canada. We expect this three-year program to be completed by October, 2007. Should you have any questions please do not hesitate to contact the undersigned. Sincerely, Dan O'Kopniak Project Manager BMO Financial Group Tel.: 416 927-6551 Mobile: 416 566-8628 cc: _ Gerry Hawkshaw Senior Mgr., Design, Project & Facilities Management BMO Financial Group Don Kilgallen National Accounts Manager ZIP Signs Limited D-2 COUNCIL - AUGUST 16, 2005 AGE�4�A A 'TOWN OF AURORA :L COUNCIL REPORT No. LSAC05-07 SUBJECT: July 14, 2005, Leisure Services Advisory Committee Meeting FROM: Chair - Councillor Vrancic Council Members - Councillors Gaertner and Kean Committee Members - Diane Buchanan, Alan Dean, Stephen Dupuis, John Gallo, Dawn Irwin, Al Wilson DATE: August 16, 2005 RECOMMENDATIONS 1. THAT the Committee Record of the Leisure Services Advisory Committee meeting, held on July 14, 2005, be received for information and Council endorse the following recommendations of the Leisure Services Advisory Committee: 2. Review of Community Survey THAT review of the Community Survey be deferred to the next Leisure Services Advisory Committee meeting. 3. Evaluation of Submissions of Expressions of Interest on the Lease of Library Square THAT the Director of Leisure Services bring an in -camera report to the first possible General Committee meeting identifying the community groups that the committee feels should be approached to negotiate a possible lease for space in Library Square; and THAT the Director of Leisure Services present the criteria used for evaluation of the groups, the point totals and the rankings as determined by the committee for all groups. OPTIONS Nil. CONCLUSIONS Nil. —1— COUNCIL - AUGUST 16, 2005 August 16, 2005 - 2 - Report No. LSAC05-07 FINANCIAL IMPLICATIONS None. ATTACHMENTS 1. Copy of Committee Record No. LSAC05-07. Prepared by: Carol Clark, Council/Committee Secretary, ext. 4227 Co ncillor amir Vrancic, Chair 'Leisure Services Advisory Committee -2- COUNCIL — AUGUST 16, 2005 LEISURE SERVICES ADVISORY COMMITTEE RECORD MEETING NO. 05-07 Date: Thursday, July 14, 2005 Time and Location: 7:00 p.m., Leksand Meeting Room, Aurora Town Hall, 1 Municipal Drive Committee Members: Councillor Vrancic, Chair, Councillor Gaertner, Diane Buchanan, Alan Dean, Stephen Dupuis, John Gallo, Dawn Irwin Staff Attendees: Allan Downey, Director of Leisure Services Carol Clark, Council/Committee Secretary Absent: Councillor Kean, Al Wilson Other Attendees: None Councillor Vrancic called the meeting to order at 7:05 p.m. ADDITIONS TO AGENDA ➢ No Quorum Report of the June 9, 2005 Leisure Services Advisory Committee meeting ➢ Correspondence from the Aurora Public Library regarding parking concerns at Library Square ➢ Council extract from the November 23, 2004 Council meeting regarding the Leisure Services Advisory Committee meeting of November 11, 2004 ➢ Correspondence from Mr. Kingsley Hadaway regarding the leasing of Library Square DECLARATIONS OF INTEREST Councillor Gaertner declared an interest in Item 3 — In -Camera Evaluation of Submissions of Interest on the Lease of Library Square, by virtue of her affiliation with Hot Spot and her intent to delegate on this issue. Councillor Gaertner did not attend the —3— COUNCIL — AUGUST 16, 2005 Leisure Services Advisory Committee Record No. 05-07 Page 2 of 6 Thursday, July 14, 2005 In -Camera meeting, and therefore did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. Councillor Vrancic declared an interest in Item 3 — In -Camera Evaluation of Submissions of Interest on the Lease of Library Square, by virtue of a solicitor -client relationship with one of the applicants, and did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. Councillor Vrancic advised committee members and all parties in attendance that, notwithstanding his conflict on Item 3, he would stay in the chair in order to permit the meeting to continue, as there were no other Members of Council available to chair the meeting. Councillor Vrancic asked all those who were present whether there was any objection, and if so, to voice their objection for the record, but there were none. APPROVAL OF AGENDA Moved by Dawn Irwin Seconded by John Gallo THAT the content of the agenda, with the additions, as circulated by the Leisure Services Department be approved as outlined herein. CARRIED REVIEW OF PREVIOUS MEETING REPORTS 1. Leisure Services Advisory Committee Meetings - Report No. 05-05, dated Thursday, May 12, 2005 and Report No. 05-06, dated Thursday, June 9, 2005 Moved by Alan Dean Seconded by Dawn Irwin THAT the Leisure Services Advisory Committee Meeting Reports No. 05-05 of Thursday, May 12, 2005, and No. 05-06 of Thursday, June 9, 2005 be adopted as printed and circulated. CARRIED Moved by Alan Dean Seconded by Stephen Dupuis THAT there be one representative permitted to speak on behalf of each of the groups in attendance with respect to Item 3. CARRIED —4— COUNCIL — AUGUST 16, 2005 Leisure Services Advisory Committee Record No. 05-07 Page 3 of 6 Thursday, July 14, 2005 DELEGATIONS Ms Linda Kenny, 140 Aurora Air Cadet Squadron Re: Item 3 Evaluation of Submissions of Interest on the Lease of Library Square Ms Linda Kenny addressed the committee, indicating that the 140 Aurora Air Cadet Squadron did not go forward with a formal Expression of Interest for financial reasons. Ms Kenny indicated that the group was formed in 1989 and encompasses youth between 12 and 19 years of age. Ms Kenny advised that the group would require 500 sq. ft. of exclusive use space, including a private office, lockable storage and communal space, and that they have an annual budget of approximately $2,000. Mr. Milos Prikryl Re: Item 3 - Evaluation of Submissions of Interest on the Lease of Library Square Mr. Milos Prikryl addressed the committee by requesting that a youth centre be set up in part of Library Square, which would ideally be open from 7:00 p.m. — 10:00 p.m. Mr. Prikryl suggested that there should be more opportunities available to this group of individuals and that this concept would be a good beginning. Although Mr. Prikryl was not representing a particular organization, he requested that the youth centre be structured similarly to the Seniors Centre. Reverand Matthew McKay, St. Andrew's Presbyterian Church, Aurora Re: Item 3 - Evaluation of Submissions of Interest on the Lease of Library Square The Reverand Matthew,McKay addressed the committee on behalf of Aurora United Church, Our Lady of Grace Roman Catholic Church, St. Andrew's Presbyterian Church and Trinity Anglican Church, to express their interest in obtaining central office space to provide outreach services for members of the community. Reverand McKay indicated that the individual churches are approached with increasing frequency for assistance with food vouchers, counselling resources, shelter, financial assistance, etc., and that a central location would allow for greater efficiency in providing these services. Councillor Wendy Gaertner, Hot Spot Re: Item 3 - Evaluation of Submissions of Interest on the Lease of Library Square Councillor Gaertner addressed the committee by commenting that, since we value our youth so highly, we should take their needs seriously and begin by providing them with a location to congregate. Councillor Gaertner described Hot Spot as an organization that began 14 years ago for youth between 11 — 14 years of age and which has had very few problems in the past. Councillor Gaertner suggested that the space at Library Square could also be used to provide youth with motivational speakers and support for artwork, entrepreneurial skills and social skills. —5 COUNCIL - AUGUST 16, 2005 Leisure Services Advisory Committee Record No. 05-07 Page 4 of 6 Thursday, July 14, 2005 Upon hearing the delegates' comments, Councillor Vrancic explained that the committee would be going In -Camera to discuss the applications for lease space at Library Square, and that once a recommendation is finalized, it would be forwarded to Council. The Director of Leisure Services advised that all applicants will be notified of the date that the matter will be reviewed by Council. Councillor Vrancic welcomed former Councillor Evelina McEachern. MATTERS FOR CONSIDERATION 2. Review of Community Survey Moved by Stephen Dupuis Seconded by Alan Dean THAT review of the Community Survey be deferred to the next Leisure Services Advisory Committee meeting. CARRIED SUB-COMMITTEES/UPDATES 3. Youth Action Committee -Minutes of Meeting held on April 13 and May 18, 2005 Moved by Dawn Irwin Seconded by Councillor Gaertner THAT the minutes of the Youth Action Committee be received. CARRIED 4. Special Events Committee - Minutes of Meeting held on May, 16, 2005 Moved by Stephen Dupuis Seconded by Diane Buchanan THAT the minutes of the Special Events Committee be received. CARRIED 0 COUNCIL — AUGUST 16, 2005 Leisure Services Advisory Committee Record No. 05-07 Thursday, July 14, 2005 INFORMATIONAL ITEMS 5. Report LS05-035 — Art Aurora Show and Sale 2005 The report was received by the committee. 6. Report LS05-039 — Aurora Seniors Art Show Report The report was received by the committee. OTHER BUSINESS BY MEMBERS None. IN CAMERA Page 5 of 6 7. Evaluation of Submissions of Expressions of Interest on the Lease of Library Square The committee went In -Camera to evaluate the submissions of Expressions of Interest on the lease of Library Square. Moved by Stephen Dupuis THAT the meeting be extended past 9:00 p.m. CARRIED The committee came out of the In -Camera session. Moved by Alan Dean Seconded by John Gallo Seconded by Dawn Irwin THAT the Director of Leisure Services bring an in -camera report to the first possible General Committee meeting identifying the community groups that the committee feels should be approached to negotiate a possible lease for space in Library Square; and THAT the Director of Leisure Services present the criteria used for evaluation of the groups, the point totals and the rankings as determined by the committee for all groups. —7— COUNCIL - AUGUST 16, 2005 Leisure Services Advisory Committee Record No. 05-07 Page 6 of 6 Thursday, July 14, 2005 ADJOURNMENT Moved by Stephen Dupuis Meeting adjourned at 9:35 p.m. _L:_in, NEXT MEETING The next meeting of the Leisure Services Advisory Committee will take place on Thursday, September 8, 2005 at 7.00 pm in the Leksand Room. H COUNCIL - AUGUST 16, 2005 AGENDA ITEM #a -TOWN OF AURORA COUNCIL REPORT No. TSAB05-020 SUBJECT: June 8, 2005 Traffic Safety Advisory Board Meeting FROM: Chair - John West Committee Members - Juergen Daurer, Mike Walters MEMBERS ABSENT: DATE: August 16, 2005 RECOMMENDATIONS Brett Cole, Carmen Zambri, Robert Cook 1. THAT the Committee Record of the Traffic Safety Advisory Board meeting, held on July 13, 2005, be received for information and Council endorse the following recommendations of the Traffic Safety Advisory Board. 2. June 30, 2005 email from Ms. Lori McMillan regarding safety concerns on Mosley Street. THAT staff be requested to determine if additional school zone and park signage is required in the area around the Wells Street School and Town Park. 3. Report No. TSAB05-014 — Three -Hour Parking Limit THAT Report No. TSAB05-014 — Three Hour Parking Limit be received as information; THAT a 6-hour parking limit be approved, THAT staff be asked to look at the rules of evidence to have two officers involved in the issuance of a ticket, THAT the necessary by-law be submitted to Council for approval; THAT the proposed 6-hour parking limit come into effect after the end of the Winter Parking Restrictions on April 15, 2006; THAT a four month education program be established to inform citizens of the proposed 6-hour parking limit; H COUNCIL - AUGUST 16, 2005 August 16, 2005 - 2 - Council Report No. TSAB05-020 THAT the proposed 6-hour parking limit does not apply to those streets already signed with time restricted prohibitions; THAT a follow-up report be submitted to the Board in October 2006; and THAT funds in the amount of $8,000.00 be allocated in the Public Works operating budget for 2006 for the purchase and installation of the necessary, signage. 4. Report No. TSAB05-018 -Annual Crossing Guard Report. THAT Report No. TSAB05-018 entitled "Annual Crossing Guard Report" be received for information; THAT the existing school crossing guard at the Wellington Street East and Wells Street intersection be removed; and THAT a further report regarding the need forschool crossing guards during the noon hours be submitted to Council as soon as practicable. 5. July 6, 2005 memorandum from the Traffic/Transportation Analyst regarding `Parking Concerns on Spruce Street. THAT parking be prohibited on the west side of Spruce Street from Centre Street to a point 15 meters north of Centre Street; and THAT the necessary by-law be submitted to Council to implement the above recommendation. 6. May 20, 2005 email from Ms. Teresa Black regarding parking concerns on Snedden Avenue. THAT the May 20, 2005 email from Ms. Teresa Black regarding parking concerns on Snedden Avenue be deferred to the next TSAB meeting. 7. June 9, 2005 letter from Mr. Tim Lennard regarding safety concerns on Spruce Street. THAT 40km/hr speed limit signs be installed on Spruce Street for its entire length; -10- COUNCIL — AUGUST 16, 2005 August 16, 2005 - 3 - Council Report No. TSAB05-020 THAT staff be requested to determine if advance curve warning signs are warranted on Spruce Street south of Walton Drive; and THAT a letter be sent to Mr. Tim Lennard- with the TSAB's recommendations. 8. July 5, 2005 letter from Ms. Marjorie Saunders regarding parking on Cypress Court. THAT no further parking prohibitions be implemented on Cypress Court at this time; and THAT a letter be sent to Ms. Marjorie Saunders with the TSAB's recommendations. BACKGROUND All matters on the agenda were discussed fully. COMMENTS The Board recommended that staff investigate the option to install a solar powered LED flashing beacon on Aurora Heights Drive instead of using a conventional beacon powered by hydro. CONCLUSIONS The Board believes the recommendations contained herein to be appropriate and recommends that Council adopt them. FINANCIAL IMPLICATIONS The cost to install a "No Parking Anytime" sign on Spruce Street and 40kmlhr speed limit signs is estimated to be $600.00. Funds forthis are available in the Public Works Operating Materials Budget. The cost to install the necessary 6-hour parking signage at the entry points to the Town is estimated to be $8,000. Funds for this work have not been provided by Council and should be included in the Public Works Operating Budget for 2006. —11— COUNCIL — AUGUST 16, 2005 August 16, 2005 - 4 - Council Report No. TSAB05-020 ATTACHMENTS June 8, 2005 Committee Record 05-06 Prepared by. Brent Jefferson, Traffic/Transportation Analyst ext. 4374 ad- & John G. 1+, Chair Traffic Safety Advisory Board —12— COUNCIL — AUGUST 16, 2005 August l6, 2005 - 5 - Council Report No. TSAB05-020 COMMITTEE RECORD NO. 05-06 Committee: Traffic Safety Advisory Board Date: Wednesday July 13, 2005 Time and Location: Leksand Room, Aurora Town Hall, 7:00p.m. From: Chair: John West Committee Members Juergen Daurer, Mike Walters Members Absent: Brett Cole, Carmen,Zambri, Robert Cook Other Attendees: Brent Jefferson (Recording Secretary) Chris Alexander (By-law Services Coordinator) DECLARATIONS OF INTEREST None. APPROVAL OF AGENDA Moved by Mike Walters Seconded by Juergen Daurer THAT the agenda be approved as circulated. CARRIED MINUTES OF PREVIOUS MEETINGS Moved by Mike Walters Seconded by Juergen Daurer THAT the minutes of the June 8, 2005 TSAB meeting be adopted by Council. CARRIED —13— COUNCIL — AUGUST 16, 2005 Auaust 16. 2005 DELIGATIONS Ms. Lori McMillan- 84 Mosley Street - 6 - Council Report No. TSAB05-020 Ms. McMillan expressed concerns regarding the lack of signage for the Town Park and Wells Street school. Ms. McMillan suggests reducing the speed limits surrounding the Town Park and installing speed humps to increase safety forchildren. Ms. McMillan also noted the existing all -way stop controlled intersections have poor compliance and require police presence. Ms. McMillan also noted that with several streets closed in the area for the Wellington Street East watermain Mosley Street should not be used as a detour as it is a residential neighbourhood. Moved by Mike Walters Seconded by Juergen Daurer THAT the minutes of the delegate be received for information; and THAT item #12 be moved forward at this time. CARRIED 12. June 30, 2005 email from Ms. Lori McMillan regarding safety concerns on Mosley Street. Moved by Mike Walters Seconded by Juergen Daurer THAT the June 30, 2005 email from Ms. Lori McMillan regarding safety concerns on Mosley Street be received as information; and THAT staff be requested to determine if additional school zone and park signage is required in the area around the Wells Street School and Town Park. CARRIED MATTERS FOR CONSIDERATION 1. June 8, 2005 TSAB Council Report No. TSAB05-017 and Council Excerpts. Moved by Juergen Daurer Seconded by Mike Walters THAT the June 8, 2005 TSAB Council Report No. TSAB05-017 and Council excerpts be received for information. CARRIED —14— COUNCIL — AUGUST 16, 2005 August 16, 2005 - 7 - Council Report No. TSAB05-020 2. Report No. TSAB05-014 — Three -Hour Parking Limit. Moved by Juergen Daurer Seconded by Mike Walters THAT Report No. TSAB05-014 — Three Hour Parking Limit be received as information; THAT a 6-hour parking limit be approved; THAT staff be asked to look at the rules of evidence to have two officers involved in the issuance of a ticket; THAT the necessary by-law be submitted to Council for approval; THAT the proposed 6-hour parking limit come into effect after the end of the Winter Parking Restrictions on April 15, 2006; THAT a four month education program be established to inform citizens of the proposed 6-hour parking limit; THAT the proposed 6-hour parking limit does not apply to those streets already signed with time restricted prohibitions; THAT a follow-up report be submitted to the Board in October 2006; and THAT funds in the amount of $8,000.00 be allocated in the Public Works operating budget for 2006 for the purchase and installation of the necessary signage. CARRIED 3. Report No. TSAB05-018 —Annual Crossing Guard Report. Moved by Juergen Daurer Seconded by Mike Walters THAT Report No. TSAB05-018 entitled "Annual Crossing Guard Report" be received for information; THAT the existing school crossing guard at the Wellington Street East and Wells Street intersection be removed; and THAT a further report regarding the need for school crossing guards during the noon hours be submitted to Council as soon as practicable. CARRIED —15— COUNCIL — AUGUST 16, 2005 August 16, 2005 - 8 - Council Report No. TSAB05-020 4. Report No. TSAB05-019 — Pedestrian Safety Concerns Crossing Aurora Heights Drive at the Aurora Community Centre. Moved by Mike Walters Seconded by Juergen Daurer THAT pedestrian crossing signs be installed on Aurora Heights Drive in the vicinity of the Community Centre as outlined in Report TSAB05-019; THAT a flashing beacon be installed above the pedestrian crossing sign forwestbound vehicles; THAT staff be directed to fund the installation of the flashing beacon as described above from the appropriate reserve fund; and THAT staff be requested to determine the cost to install a solar powered LED flashing beacon; and THAT staff be requested to monitor pedestrian activities in the Community Centre area of Aurora Heights Drive and report back if required. THAT staff be requested to submit an Intersection Pedestrian Signal (IPS) policy to the Board. July 6, 2005 memorandum from the Traffic/Transportation Analyst regarding Parking Concerns on Spruce Street. Moved by Juergen Daurer Seconded by Mike Walters THAT parking be prohibited on the west side of Spruce Street from Centre Street to a point 15 meters north of Centre Street; and _ THAT the necessary by-law be submitted to Council to implement the above recommendation. CARRIED May 20, 2005 email from Ms. Teresa Black regarding parking concerns on Snedden Avenue. Moved by Juergen Daurer Seconded by Mike Walters —16— COUNCIL — AUGUST 16, 2005 August 16, 2005 -9. Council Report No. TSAB05-020 THAT the May 20, 2005 email from Ms. Teresa Black regarding parking concerns on Snedden Avenue be deferred to the next TSAB meeting. CARRIED 7. June 9, 2005 letter from Mr. Tim Lennard regarding safety concerns on Spruce Street. Moved by Mike Walters Seconded by Juergen Daurer THAT 40km/hr speed limit signs be installed on Spruce Street for its entire length; THAT staff be requested to determine if advance curve warning signs are warranted on Spruce Street south of Walton Drive; and THAT a letter be sent to Mr. Tim Lennard with the TSAB's recommendations. CARRIED 8. July 5, 2005 letter from S. Gadsden regarding safety concerns on Millcliff Circle. Moved by Mike Walters Seconded by Juergen Daurer THAT the July 5, 2005 letter from S. Gadsden regarding safety concerns on Millcliff Circle be received for information; and THAT a letter be sent to S. Gadsden with the TSAB's recommendations. CARRIED 9. July 5, 2005 letter from Ms. Marjorie Saunders regarding parking on Cypress Court. Moved by Juergen Daurer Seconded by Mike Walters THAT the July 5, 2005 letter from Ms. Marjorie Saunders regarding parking on Cypress Court be received for information; and THAT no further parking prohibitions be implemented on Cypress Court at this time; and THAT a letter be sent to Ms. Marjorie Saunders with the TSAB's recommendations. —17— COUNCIL — AUGUST 16, 2005 AGENDA ITEM 3^! MEMO To: From: Date: Re: Members of Council Councillor John West August 16, 2005 Tree Planting Town of Aurora Council Please find attached a report from the Lake Simcoe Region Conservation Authority regarding tree planting within the Town of Aurora. I thought that I would bring this to your attention as it has been mentioned by Members of Council who would like to know how many trees are planted yearly. As you can see, the number is 3,735. These are a one-time planting and are for a specific purpose, as outlined in the attached memo. The Town has an annual tree - planting program which has been going on for 30 years. This is for information purposes only. JW/ce Encl. W COUNCIL - AUGUST 16, 2005 ATTACHMENT t East Holland River Tree and Shrub Planting,• Town of Aurora,• Spring 2005 Background In October, 2003 a developer paid a fine to the Department of Fisheries and Oceans (DFO) for depositing silt and sediment into a tributary of the East Holland River. The court ordered that part of this fine be used to improve brook trout (Salvelinus fontinalis) habitat within the East Holland. The tributary in question is a branch of the Main East Holland which does originate at Mussieman's Lake and extensive wetland areas within the Oak Ridges Moraine, however, the area of effect of the silt spill is bound by a tributary that originates in the Oak Ridges Moraine in the vicinity of Bloomington Sideroad east of Bayview at Lot 11, Concession 2 in the Town of Whichurch-Stouffville. The creek flows north through farm fields to the crossing at Bayview wherein various housing developments and Sheppard's Bush Conservation Area have afforded a wide, well -vegetated riparian area dominated by Eastern White Cedar. Downstream of this area in the vicinity of the Wellington Street East crossing, riparian vegetation becomes sparse, however, efforts from groups such as the Town of Aurora are slowly re - vegetating the riparian area. Proposal In January of 2005, a proposal was submitted to the DFO by the Lake Simcoe Region Conservation Authority to increase brook trout habitat within the tributary, by planting a 30-metre buffer (60-metre total) upstream and abutting Sheppard's Bush Conservation Area and upstream to Wellington Street. The proposal was accepted by the DFO and $20,000 was made available for the project. Partners The Regional Municipality of York has confirmed a $10,000 contribution through the York Natural Planting Partnership Programme. The Corporation of the Town of Aurora staff have confirmed a $5,000 contribution toward the effort. Implementation A total of 3,735 native trees and shrubs were installed by the LSRCA in the spring of 2005 (detailed plant list attached). Sufficient budget has been allocated to monitor and replace plant material for a two year period to ensure adequate establishment. Temperature Loggers have been, and will continue to be installed on a annual basis to determine if water temperatures are affected by shade due to planting. —19— COUNCIL - AUGUitiparian uoher Planting - Town of Aurora; 2005 Plant List (spring 2005): coniferous trees she Quantity white pine 40 - 60 cm 300 white spruce 20 - 30 can 150 tamarack 60 - 90 cm 175 eastern white cedar 120 cm+ field grown 300 eastern white cedar 20 - 30 cm 250 1175 deciduous trees green ash 150 cm 120 eastern cottonwood 150 cm 35 trembling aspen 150 cm 85 silver maple 150 cm 120 black cherry 100 crn 30 pin cherry 150 cm 50 sugar maple 150 cm 10 basswood 100 cm 60 bur oak 125 cm 15 white oak 150 cm 50 swamp white oak 150 cm 15 hackberry 100 cm 100 690 wildlife shrubs red osier dogwood 60 - 90 cm 415 grey dogwood 25 - 60 cm 155 silky dogwood 25 - 60 cm 100 nannyberry 25 - 60 cm 100 highbush cranberry 20 - 40 cm 450 elderberry 25 - 60 cm 200 shrub willow 25 - 60 cm 450 1870 Notes: • all plant material supplied as bare root, of local seed origin; • limited species substitutions may be required; —20— COUNCIL - AUGUST 16, 2005 brush mats to be installed on 800 small conifer tree guards to be installed on all deciduous trees, staking may be required on field grown cedar; watering and follow-up maintenance to be provided by LSRCA. -21- COUNCIL - AUGUST 16, of Tfw ci�(_Torontv June 30, 2005 JUL 4 2005 Clerk's Department 2141 Major Mackenzie Drive ,WG Vaughan, Ontario I Canada L6A1T1 Mr. Bob Panizza, Director of Corporate Services & Municipal Clerk Town of Aurora P.O. Box 1000 100 John West Way Aurora, ON L4G 6J1 Dear Mr. Panizza: RE: CITY OF TORONTO ACT Tel (905) 832-8504 Fax (905) 832-8535 I am writing to advise you that Vaughan Council, at its meeting held on June 27, 2005, adopted the following resolution: Whereas the City of Toronto has requested the Province of Ontario amend the City of Toronto Act; Whereas the City of Toronto is requesting that the Province provide the City with more authority and autonomy to address local issues; Whereas the City of Toronto is requesting greater authority with respect to generating revenues; Whereas GTA municipalities have previously requested that the requirement for GTA municipalities to send locally collected tax dollars to assist the City of Toronto ("GTA Pooling") be discontinued; Whereas the province has indicated that they will be Introducing new legislation to address Toronto's concerns this fall; Now therefore be it resolved: That GTA Pooling be discontinued and Toronto be provided the necessary authority to address their funding issues within the City of Toronto; That this resolution be circulated to Dalton McGuinty, Premier of Ontario, the Hon. John Gerretsen, Minister of Municipal Affairs and Housing, the Hon. Greg Sorbara, Minister of Finance, MPP's within the GTA, municipalities within the GTA and the City of Toronto. Attached for your information is Minute No. 170, regarding the above noted matter. Sincerely, v"W�- J. D. Leach City Clerk Attachment: Extract JDL/as -22- COUNCIL - AUGUST 16, 2005 CITY OF VAUGHAN 170. CITY OF TORONTO ACT (Addendum No. 1) MOVED by Councillor Yeung Racco seconded by Councillor Meffe That the recommendation contained in the following report of Mayor Di Blase, dated June 27, 2005, be approved: CARRIED Recommendation Mayor Michael Di Blase recommends: That the following resolution be approved. Whereas the City of Toronto has requested the Province of Ontario amend the City of Toronto Act; Whereas the City of Toronto is requesting that the Province provide the City with more authority and autonomy to address local issues; Whereas the City of Toronto is requesting greater authority with respect to generating revenues; Whereas GTA municipalities have previously requested that the requirement for GTA municipalities to __send locally collected _tax -dollars _to -assist the City of Toronto ("GTA Pooling") Whereas the province has indicated that they will be Introducing new legislation to address Toronto's concerns this fall; Now therefore be It resolved: :0 i That GTA Pooling be discontinued and Toronto be provided the necessary authority to address their funding issues within the City of Toronto; That this resolution be circulated to Dalton McGuinty, Premier of Ontario, the Hon. John Gerretsen, Minister of Municipal Affairs and Housing, the Hon. Greg Sorbara, Minister of Finance, MPP's within the GTA, municipalities within the GTA and the City of Toronto. Economic Impact Since the introduction of GTA pooling, up to and including 2005, York Region will have collected from local municipalities and forwarded $654.4 million to the Province to fund Toronto Social Services. Of this amount $194.7 million was collected within the City of Vaughan. In 2005 approximately $82 million will be collected in York Region, $25 million or 31.3% of this funding for GTA pooling is collected in the City of Vaughan. Purpose The purpose of the resolution is to bring forward the concerns regarding GTA Pooling and have those concerns addressed as part of the amendments to the City of Toronto Act. Background - Analysis.and Options GTA Pooling has been a concern to municipalities in the GTA fora number of years and those concerns have been expressed to the Province. Toronto's issue is a lack of funding for issues being faced by the City. ...12 -23— COUNCIL - AUGUST 16, 2005 CITY OF VAUGHAN maas] kviweivlaol In u ► Eel u 1112 11112601110•� Minute No. 170 — Page 2 Given the City of Toronto's request that the Province amend the City of Toronto Act with the objective of providing the City with more authority over local issues and a greater ability to generate revenue, it is appropriate that GTA Pooling cease and Toronto be given the ability to generate revenue within Toronto to provide the required funding. Relationship to Vaughan Vision 2007 This resolution is consistent with the objective of "ensuring short and long term financial stability". Conclusion GTA Pooling has been a concern for many years and it is appropriate that those concerns be addressed through the amendments to the City of Toronto Act which is designed to give Toronto more authority and accountability. Attachments None Report prepared by: Clayton D. Harris, CA Commissioner of Finance & Corporate Services -24- COUNCIL - AUGUST 16, 2005 :AGENDA ITEM j Panizza, Bob From: Gaertner, Wendy (External Mail) Sent: Thursday, August 11, 2005 4:23 PM To: Panizza, Bob Subject: Please Place This On Next Weeks Agenda August 9,2005 MEMO I have several concerns about the placement of Item #4 on our Special Meeting Agenda of July 21,2005. 1.Waiving the Proceedural By-law must be done before the Approval of the Agenda as the item was already on the Agenda. This was not done. 2.Even if the Proceedural By-law was waived according to proceedure, it would not negate the violation of placing the item for Reconsideration on the Agenda. A Request for Reconsideration can only be made by a Member of Council, not Staff. 3.A telephone poll is not an appropriate means for making any decision. 4.Items placed on a Special Agenda should be urgent in nature. The central issue is why are our Proceedural By-laws not being upheld? In order for Council to have credibility, we must not allow this to happen again. Councillor Gaertner Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com -25- COUNCIL — AUGUST 16, 2005 6 Ut TOWN OF AURORA COUNCIL REPORT No. BA05-008 SUBJECT: Variance to Sign By-law 4622-04.P Sleep Better Mattress Company — 446 Hollandview Trail FROM: Leo J. Grellette, Director of Building Administration DATE: August 16, 2005 RECOMMENDATIONS THAT Council grant the variance to permit approximately 14.5 square metres of signage at 446 Hollandview Trail so as to allow Sleep Better to Incorporate Life style images into the proposed signage. BACKGROUND Staff have recently received an application for a sign variance from Twilight Signs and Neon Inc. acting as agents for Eighth Dimension Inc requesting relief from the Town of Aurora sign by-law. The nature of the variance is to permit life style image signs to be place for Sleep Better one of the tenants at the aforementioned address. COMMENTS The applicants are permitted approximately 10.63 square metres of signage. While this will accommodate the Sleep Better main signage as shown on figure 2 it is insufficient to allow the proposed life style images as shown on figure 2. The impact of the additional life style images is to increase the permitted sign area of 10.63 square metres to a total of approximately 14.5 square metres. This results in -a 35 percent increase in total signage. Staff having addressed this in a similar manner for another tenant at the same address and having received Council approval for same are recommending that Council approve the request for the variance based on the images provided. OPTIONS Council could deny the request and ask that staff enforce the provisions of the by-law. —26— COUNCIL - AUGUST 16, 2005 August 16, 2005 -2. Report No. BA05-008 FINANCIAL IMPLICATIONS Nil CONCLUSIONS Staff would recommend that Council grant the variance so as to permitthe additional life style images as shown on figure 2. LINK TO STRATEGIC PLAN Goal B- to support a healthy business environment that attracts new business and is responsive to the needs of our present business community. ATTACHMENTS Figure 1 - Application for Variance Figure 2 - Lifestyle Image Figure 3 - Wall sign detail Figure 4 - Definition of Sign Figure 5 - Site Plan PRE -SUBMISSION REVIEW Management Team Meeting - August 10, 2005 Prepared by., Leo Grellette, ext. 4748 Leo J. Grillette Director df Building Administration -27- COUNCIL AUGUST 16, 2005 Town of Aurora Application For Variance Sign By-law 43400-92 Application must be accompanied by: 1) site plan showing location of all signs both existing and proposed, 2) plans showing the proposed sign configuration and size with fWl dimensions, (width, height in total, height to underside etc.) and, 3) a cheque in the amount of $150.00 to be non-refundable, 4) if the sign variance is approved, the applicant is obligated to make an application for a sign permit, please refer to the enclosed permit fee schedule. N.B. Prior to applying for the variance, the applicant should discuss all concerns thoroughly with the Director of Building Administration. Dateof Application: ...................................................................................................... Address of Subject Property:.4.q.6..q.O.i..�At�•Qu.I.EUt..'[. LI,.L.(�jJl.�,tj.(�,'�.................. aMTFlIta1,..�HGI. 17A.......................... ........... ................ I........................... Lot: .......... ........................ Plan:..................................... Cone#:.................................... owner: ..EI.CA.}{T.H... W mEJV.Si D{J...IurA........................................................... Address:.....!: r ..;?...CX1.1.w-,..R1].•....RQ.PT.R.YC1.R,isi...O.1V'G............................. PostalCode: .... n1.`....�;.r.5....................... Telephone No:.......................................... Owner's Agent (if any):....t'.(I ti4 W..p.1, l l..l., ..I. %y].l.l I.C�l l.l.. �n 1.0 J`I J...1�C 1!©.p Address:..1J.Avv\1R..p... U.�................................................................... Postal Code:...{-, .j.... l..I:............................Telephone..... Nature and extent of relief applied for (state specifically the permission being requested): ........ T.Q... R.. A`r.... s�.UR..i .tF.....ST.Y.LE.,1.tr..RCAE... 51-Cl.W.S............... ........IA." D.E.(Z...T..S I.�...S.L.E.�P....F3.�T(.�.R...SI.�.ni.......................... ........................................................................... Why is it not possible to comply with the provisions of the sign by-law?: TH,�..6YLAW..DPES40T.FF.,•mtT..uFF.STYLF I.M.Ac,CSI.G%0s.,..ot4P,s"5. T. o 0Ep,. 510irf•PRA.GzRPxn.INCLt�pES.uFsSr(LG.trc.AWlr�41�,NSoN.RLJ,- .64F.W..... SSoPs. TH•E51y�Js..tj..lr�utrt ptCG..io..T.N�Rt. c�srolZ,a�� ........................... Current use of the subject property?: ......R E Y. q.vi.......................................................................................................... Signature of Owner/Owner's agent -T, J 4 '?, 6 lac S Date —28— Figure 1 -Application fnr Vnri�„,. O cc W cr W Z J Z -2 g- Figure 2 - Lifestyle Image 0 m -30- Figure 3 - Wall sign detail O§gY�� U05n7 N� w �Magg 7x LLJ m d '- m ffi599 e w S��a z i� Meg m a w .'4 2 Q 01€$ 6w xy o U - W�p Gi g �Si_S ��ZWZ �G�ff IJ J y�O ao 41 �4J dbVUWI RJ3� aw hFr �00 g�i-V n� Sol KOUW \�V o � / o Il I g w Ta- wf ��Vm s mo�m'z LLg im �s�i �`,yz to �in mc�riy $�o "��ryop'�6 vWj�rYy�-6 � N Om a� -31- COUNCIL — AUGUST 16, 2005 By-law 4622-04.P 2.21 SIGN: Means any advertising device and any structure, device, or any part thereof, or any device attached thereto, or painted or represented thereon, which is used to identify, advertise, or attract attention to any object, project, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which displays or includes any letter, word, model, number, insignia, device or representation used as an announcement, direction or advertisement, located on the outside of or inside a building or structure and which is intended to be seen from off the premises or from a parking lot. Figure 4 — Definition of Sign —32— COUNC Lk AUGUST 6 200 if I i G 145 sa Mal IIIIII�III g$a�� 6,� �R t K� � cncR y FPPLP iRCC"x � , em CC55 sse: 15-5, 6" —r.. 8 za m 2 2� R Is ME yA I € R P� PES2'M i (I 2]225 Yx MR. g Y 11.42 42 (12W SOFL) d 3 I WTNI R UNIT-Aq' ]19,62 42 1 Sleep Better € .N]9.4 W.Ff. •I ^F ppR MIT -1-4• tl 9 2 ]T2 uz 4c9S I 8 DINT& anTFs A33 1.. 42 88 ': '� [wcu antes •n-a' SY1xT.oz4 m.n. �:' I �'' R d u.w xnrxow aos. ago qgqg B A Y V I E IN A V E N U E€ 9 .1011 A A i A$' 9� R as mv, "31m � 91 P1y Rg ® rr9 rf 9taaao9 IfP1U�Bi<<<i<< PA u —33— Figure 5 - Site Plan COUNCIL — AUGUST 16, 2005 6 TOWN OF AURORA COUNCIL REPORT No. BA05-009 SUBJECT: Variance to Sign. By-law 4622-04.P Bank of Montreal — 15252 Yonge Street FROM: Leo J. Grellette, Director of Building Administration DATE: August 16, 2005 RECOMMENDATIONS THAT Council deny the request for a variance to the By-law to permit the Bank of Montreal to install a new larger pylon sign on the northwest corner ofYonge Street and Wellington Street. BACKGROUND Staff have received a request from Zip Signs Ltd acting as agent for the Bank of Montreal requesting a variance to the Town of Aurora sign by-law so as to permit the replacement of an existing ground sign with a larger wider ground sign as shown on figure 2. COMMENTS Staff have reviewed the application and have spoken with the agent. Staff indicated that the by-law requires signs that do not conform to the by-law be brought into conformance when they are replaced. Staff in discussions with the applicant indicated that they could merely replace the existing clock image as shown on figure 3 and would still conform with the by-law. However the Bank of Montreal has decided to pursue an application for a variance. The property is located within the C2, Central Commercial Zone and Section 6.5(e) of the sign by-law does not permit ground signs in this zone. In addition the applicant is proposing to enhance existing wall signs that will provide improved exposure for the bank. Staff are of the opinion that the enlarged signage may impact site lines at this busy intersection although the signage will be within the property limits of the bank property. Staff feel that given the opportunity to place a sign over the clock on the existing sign that council should deny the request and uphold the by-law. —34— COUNCIL — AUGUST 16, 2005 August 16, 2005 - 2 - Report No. BA05-009 OPTIONS Council could grant the variance and allow the existing pylon sign to be replaced. FINANCIAL IMPLICATIONS Nil CONCLUSIONS That Council deny the request fora variance and' uphold the provisions of the by-law LINK TO STRATEGIC PLAN Goal B- to support a healthy business environment that attracts new business and is responsive to the needs of our present business community. ATTACHMENTS Figure 1- Application for Variance Figure 2 — Proposed Signage Figure 3 — Clock replaced with signage Figure 4 — Excerpt from Sign By-law 4622-04.P Sections 6.5 (e) Figure 5 — Location Plan PRE -SUBMISSION REVIEW Management Team Meeting — August 10, 2005 Prepared by. Leo Grellette, ext. 4748 Leo J. of Building Administration —35— COUNCIL - AUGUST 1§ 2005 / Town of Aurora AuRO- A Application For Variance Sign By-law # 4622-04T Application must be accompanied by: 1) site plan showing location of all signs both existing and proposed, 2) plans showing the proposed sign configuration and size with full dimensions, (width, height in total, height to underside etc.) and, 3) a cheque in the amount of $150.00 to be non-refundable, 4) if the sign variance is approved, the applicant is obligated to make an application for a sign permit, please refer to the enclosed permit fee schedule. N.B. Prior to applying for the variance, the applicant should discuss all concerns thoroughly with the Director of Building Administration. Date of Application: 5.. ....................��.Jj............................................ Address of Subject Property: ....l.,S. v? 5.. .. ,.cQtrs.' � ........ .�/x'C�.ar.: ee.... ........... ........................................................................................................... Plan: ........a .°. �..................... Cone#:..I/.. I�Cy..................... Owner:.. ........................................... Address:.�`..�?. Postal Code: ..?%!1W... AJO............................. Telephone No:..E/!6 CMJ7-Ye:r- DAnl Owner's Agent (if any): /�, Address: .'`�D?=J... 414"'7/l...CALrveG-- Postal Code: .4'11..... `t5W.�t5W.� ........ Telepphone o:.9.Q�;:.33 Nature and extent of relief appliedfor(state specifically the permission being requested): a�n/..:{ R...htisit �l.G'1cz��/��j7`...ca'x�..��...GXJ.^:5f..�-?J�h.. S.cyi? U .. C !.^.. J.Y cJ / ....................................................... .................................. .....:....................... ..... Why is it not possible /to comply with the provisions of the sign. by-law?: nc�i</H.eel-a,f..Az..:r.�:.ne4.�.a[ ��G!!✓K-..yet .tTll.��.f..0.5. ems; .... f�9 I.. l...'� ..��. ?<nRye.is'.. ... "c/ G'ase&,�e/M � G tYC(ci/i ryc cvs fly QGc<IG� j urrentusebfthesubjectproperty?: � - �� J�'�'c'fE �ry�-cx�:cfzu�c .-.. -... .•�2J. .. r /£",%l'/.4:4%T. �'"R. I ......................... ................... ....... ....... ......................................................................................... ........................................................................................ .S'7O � ature of er/Owner's agent Date -3 6- Figure 1 - Application for Variance COUNCIL — AUGUST 16, 2005 BMO 0 Financial Group 14 July 2005 To Who It May Concern: Re: Letter of Authorization — BMO Bank of Montreal —.Re-Branding Corporate Real Estate 171h F., 55 Bloor Street West Toronto, M4W 3N5 T. (416) 927-6551 F: (416) 927-3000 BMO Financial Group is undergoing a national signage program and hereby authorizes ZIP Signs Limited or its agents to act on its behalf in applying for and obtaining signage permits for BMO branches across Canada. We expect this three-year program to be completed by October, 2007. Should you have any questions please do not hesitate to contact the undersigned. Sincerely, Dan O'Kopniak Project Manager BMO Financial Group Tel.: 416 927-6551 Mobile: 416 566-8628 cc: Gerry Hawkshaw Senior Mgr., Design,' Project & Facilities Management BMO Financial Group Don Kilgallen National Accounts Manager ZIP Signs Limited —37— COUNCIL A z , )g § § 4;5 U & / 2 \ ) . �. �.��� ..� ....a.. � �� --- �■§§i E COUNCIL - AUGUST 16, 2005 LL y 9 d m C N � ea 9 m ymOyU �V L�C� i6i�0�[p wC LL yO?CN eTfp� V'd¢ F. s yNS=off gym... csF �yEV� 'ZW 6mN Tt Ed' Neapr R5,7>y$(p rn�.eam �o nae �o5°� E Ec m=gym Inr..t¢i. t�m2¢3-`��a¢Uinm¢a UinLL ¢¢ f �- E: Ed d d a sue.. 8 -39- Figure 3 - Clock replaced with signage COUNCIL - AUGUST T6, 2005 s w a m a� �� N 2 O` � W d❑C� GE d m m ea do d a N� _ E 6 m>]c:� �puiOi o�'H m� nmaE3 � B5 P J U (`�y1 V a COUNCIL — AUGUST 16, 2005 Excerpt from Sign By-law 4622-04.P 6.5 GROUND, IN GROUND, AND FREE-STANDING SIGNS: The following regulations shall apply to all ground signs: e) No ground sign shall be permitted in a C-1 Local Commercial Zone or C-2, Central Commercial Zone. Figure 4 — Excerpt from Sign By-law 4622-04.13 —41— COUNCIL - AUGUST 16, 2005 f9/1,6_p0 110NpOp(M_OOBI-d 31b 01h) 'f961 NONIINplINM owb30N0 A 03u"",lyl ,•B lltldY 3nLL]3!!j . SIN d0 SdISNMOy plNtl .,II3 N AYMH0IN S.pMN 31p ILL Allld N33 Ml3e 3pmrMpnr �3a0gg£0 Nid 1S wo. 90NOA 3Nr)133�r U.d °W s la M.OG.S9.,N our ryu 9'zs) us a la I I ,Zt-,G � o I �3 n m o � } •I 00 n CLLSI .eN 1 y IO M m « Y z a \ M \ i 0 O v: o g g \l \v W M yl s .110 • s ` Y (IdeMW'USdN)voe 11 b'� • CO2=AiS96N 6 (la 3A7QbN)oeul�ZZtSbN II aE 00'OB MAZ.ZSSN (la d TTII a N 3AZ.09dN) yyoN .26'0 _ F M M `z. ^ a o M tt z �.a� \ m \r ✓ t,...—.ODOR z .0009) ELvWNp l'I '•o 1p v la MAZ.ZS.BN `~Y "V LZh2/r/L Alal 'q a9rora cl -42 Figure 5 - Location Plan COUNCIL — AUGUST 16, 2005 s; `L,. - TOWN OF ' R O R:, 1AGENDA RH # --' i • O REPORT— No. CS05-022 SUBJECT: Sign Bplaw FROM: Bob Panizza, Director, Corporate Services DATE: August 16, 2005 RECOMMENDATIONS THAT Council provide direction with respect to portable signs. BACKGROUND At the Council Meeting held on July 12'h the Mayor advised that concerns had been received about the enforcement of the sign by-law with respect to businesses that have signs attached to walls and lamp posts on their property and Council requested staff to provide a report on this matter. Presently, exterior business advertising signs are governed through the Town's Sign Control By-law 4622-04.P which was enacted in December 2004. This by-law replaced a pre-existing by-law that was adopted in 1992. Contained within the legislation are provisions that regulate business signs including permanent exteriorwall signs, permanent ground (pylon) signs and a variety of portable signs. For clarification, the enforcement of the Town's Sign By-law is currently administered by two departments namely, the Corporate Services Dept. and the Building Dept. Permanent signage, such as exterior wall or ground signs, requires a permit from the Building Dept. before it can be installed and therefore any regulations related to these signs including enforcement are handled by the Building Dept. Alternatively, any regulations governing portable, trailer, and sandwich board signs are within the jurisdiction of the Corporate Services Dept., By-law Enforcement Services Division. In June of this year, the Town's By-law Enforcement staff embarked on a proactive campaign to advise businesses in Town regarding illegal portable signage on their property and to request their co-operation to comply. This was prompted by Council's comments on the proliferation of signs during its deliberations on the Shopper's Drug Mart sign variance application and as well, the addition of a new full time by-law officer provided more resources which enabled staff to address these and other enforcement issues. —43— COUNCIL — AUGUST 16, 2005 August 16, 2005 2 - Report No.CS05-022 COMMENTS According to the Sign By-law (attached as Appendix #1), Clause 2.33, a Portable Sign is defined as follows: • 31 rir�rr_Aw�rn l Means any sign that is not attached or affixed to any land, building or premises with some degree ofpermanence and shall be deemed to include signs commonly known as sandwich boardsigns and vehicle signs, except that Portable Signs shall not include ground signs and excludes signs attached to vehicles where such signs indicate information pertaining solely to the owner, lessor, franchise or operator of that vehicle or provide other information as required bylaw and excludes vehicles which may from time to time be owned and operated by and on .behalf of the Town of Aurora. Furthermore, Section 4, Clause 4.10) of the By-law states the following: PROHIBITED SIGNS 4.1 No person shall erect on any premises any of the following type of signs, except as may be otherwise noted herein: 6) Portable signs excluding those signs commonly referred to as a sandwich board sign. The various styles of portable or temporary signs are generally evident throughout Town. Included within this category are banners, pole signs, and blvd signs. Photo examples are provided as Appendix #2 to this report. Not included in the category of portable signs are sandwich board signs and trailer signs with are defined separately in the by-law. SANDWICH BOARD SIGN Means a sign constructed in the shape of an "A" or triangle and intended to be relocated daily by one person. TRAILER SIGN Means a sign erected on a trailer or vehicle that is not selfpropelled or whose principle use is not the transportation ofpeople, goods or other materials. As previously mentioned, the Town's By-law Enforcement staff is authorized to enforce the provisions of the sign by-law and as part of their regular duties, staff normally removes portable signs that are attached to traffic/utilility poles and along the Town's blvds. (Appendix #3). In 2004 over 3,000 signs were removed. The majority of these signs included banners and lamp post signs. Prior to Council's direction of July 12th, eleven (11) of the forty (40) businesses had complied and removed their prohibited signs. —44— COUNCIL — AUGUST 16, 2005 August 16, 2005 - 3 - Report No.CS05-022 Through the site development process, businesses are permitted a certain degree of sign visibility within the parameters of the by-law, this includes ground (pylon) signs and permanent exterior wall signs. To supplement this, the by-law also grants the use of a trailer sign (see Appendix #4); a sandwich board sign (see Appendix #5) orthe installation of a readograph component to an existing ground/pylon sign (see Appendix #6), to emphasize a special sale or other seasonal activities. The newest trend that has emerged in the business advertising realm is the use of poster signs which are temporarily affixed to the lamp posts or exterior walls on the property, or alternatively the use of fabric banners which are also attached to the exterior wall ortied to outdoor fixtures. Notwithstanding the fact that these portable signs are presently prohibited by the by-law, there is a concern that the proliferation, of these signs will detract from the effectiveness of the site development process in controlling the size and quantity of exterior signage. Several years ago the Town undertook an extensive study and implemented policies to ensure that future development along major arterial corridors such as Wellington St. W. provide for a visually desirable streetscape design. As well, the Town conducts an extensive review as part of its urban design guidelines for each commercial property development to ensure quality architectural design is achieved. Furthermore, Town's Heritage Advisory Committee has also identified as one of its objectives, an amendment to the Town's sign by-law to promote a heritage design feature to signs that may be installed within the Heritage Area of the Town. Allowing the continued installation of portable signs would detract from the visual impact of the streetscape and be counter productive to the aforementioned goals. Through site inspections that were conducted by the By-law Enforcement staff in June, it was evident that many businesses have started promoting their products through the installation of posters etc. on their respective properties. Examples of these are shown on Appendix #7. Accordingly staff proceeded to issue notices to these various businesses requesting their compliance. Staff understands the competitive nature of the commercial retail business, and the need to provide a focus to draw a customer to their location. Advertising in the media is one method to achieve this, while another is to install signage. The purpose of the Town's sign by-law is to regulate and control the type, amount and size of signage that may be installed on a property. Correspondingly when the by-law is not adhered to, then staff is obligated to ensure compliance which was the action taken until this review was requested. OPTIONS Council has the authority to determine degree of regulation it wishes to impose with respect to signage. However, the level of control must be clearly delineated within the governing by-law or alternatively repealed from the legislation. —45— COUNCIL — AUGUST 16, 2005 ust 16. 2005 .4. Report No.CS05-022 Accordingly staff presents the following options for consideration: 1. Maintain the existing regulations within the sign by-law and prohibit the installation of portable signs; or 2. Repeal the provisions of section 4.1 Q) of the by-law which would permit the use of portable signs; or 3. Amend the by-law to permit a limited number of portable signs per business or property. FINANCIAL IMPLICATIONS None. A' CONCLUSIONS Regulations affecting signs sometimes can be a difficult balancing act between the benefits the additional signage may provide to the business community versus the visual impact it may have on the streetscape of the Town. As outlined in this report, portable signs are presently prohibited and subject to Council's direction, staff will continue to enforce the provisions of the by-law. It is staff's opinion that sufficient latitude is available in the by-law to permit additional advertising exposure through the use of a trailer signs; sandwich board signs; readograph signs etc. However, should Council determine that additional opportunities be provided through the use of portable signs, then an amendment will be required to permit their use and location. If the by-law is amended to permit the additional signs, then Council must also determine what it deems as a reasonable number of signs per business or property i.e. 1 or 2 or unlimited. During the inspections by staff some businesses had as many as 14 portable signs on their property. It should be noted that in the case of a commercial plaza, one sign per business could translate to numerous signs per property depending on the number of business tenants. This would also be in addition to any sandwich board; A Frame or trailer signs that may also be on the property. —46— COUNCIL — AUGUST 16, 2005 August 16, 2005 - 5 - Report No-CS05-022 LINK TO STRATEGIC PLAN Goal "C" speaks to protecting the overall investment of citizens in the community by ensuring high -quality, comprehensive community planning. ATTACHMENTS Appendix #1 to #7 PRE -SUBMISSION REVIEW Management Team — August 10, 2005 Prepared by; Bob Panizza ext. 4221 Bob Panizza Director of Corporate Services —47— COUNCIL - AUGUST 16, 2005 APPENDIX #1 THE CORPORATION OF THE TOWN OF AURORA BY-LAW NUMBER4622-04.P BEING A BY-LAW respecting advertising devices, including signs, within the Town of Aurora. WHEREAS the provisions of Section 99 of the Municipal Act 2001, as amended, permits Council to pass by-laws respecting advertising devices, including signs; AND WHEREAS the Town of Aurora enacted By-law 3400-92, being the Sign By- law, under the provisions of the former Municipal Act; AND WHEREAS the Town of Aurora enacted various amendments to By-law 3400- 92 under the provisions of the former Municipal Act; AND WHEREAS it is deemed necessary to enact a by-law respecting advertising devices, including signs to incorporate the amendments to By-law 3400-92, as amended, under the provisions of the new Municipal Act 2001 within the Town of Aurora. NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: COUNCIL - AUGUST 16, 2005 TABLE OF CONTENTS SECTION TITLE PAGE 1 TITLE...............................................................................................3 2 DEFINITIONS..................................................................................4 3 ADMINISTRATION ............... :.......................................................... 8 4 PROHIBITED SIGNS.....................................................................13 5 MATERIALS AND STRUCTURAL REQUIREMENTS ...................15 6 GENERAL PROVISIONS..............................................................18 7 SIGNS PERMITTED IN ALL ZONES.............................................19 8 SIGNS PERMITTED IN RESIDENTIAL ZONES ............................21 9 SIGNS PERMITTED IN COMMERCIAL ZONES ...........................22 10 SIGNS PERMITTED IN SHOPPING CENTRES ...........................26 11 SIGNS PERMITTED IN INDUSTRIAL ZONES..............................28 12 SIGNS PERMITTED IN INSTITUTIONAL ZONES........................30 13 SIGNS PERMITTED IN RURAL, OPEN SPACE ...........................32 OR ENVIRONMENTAL PROTECTION ZONES 14 SIGNS PERMITTED IN AUTOMOBILE SERVICE ........................33 STATIONS OR GAS BARS (INCLUDING A CAR WASH) 15 MENU BOARD SIGNS... ................................................................ 34 16 EXCEPTIONS TO THE BY-LAW...................................................35 17 REPEALED BY-LAW.....................................................................35 SCHEDULE „A" PERMIT FEES...................................................................36 COUNCIL - AUGUST 16, 2005 By-law 4622.04.P Page 3 of 26 SECTION 1 -TITLE 1.1 SHORT TITLE: This By-law shall be known and cited as the "Sign -By-law". 1.2 INTENT AND SCOPE: This By-law shall apply to the whole of the Town. The intent of this By-law is to regulate signs in the Town especially in relation to community appearance and safety. Signage shall be designed so as to be compatible with the function, scale, and style of the building, SECTION 2 - DEFINITIONS In this By-law, unless the context otherwise requires, the following terms when used shall have the meanings assigned to them as follows: 2.1 "Alter, Altered or Alteration" means any change to the sign structure or the sign face with the ezcepfion of: (a) a change in the message displayed by a sign, (b) the re -arrangement of numerals, letters or copy applied directly to the face of a sign specifically designed and intended to be periodically rearranged. (c) repair and maintenance, including replacement by identical components, as required by this By-law. 2.2 AWNING Means a roof -like cover extending over or before a door, wail or window, acting as a shelter, which is attached to a building or structure and composed of non -rigid materials except for the supporting framework. 2.3 CANOPY: Means a part of any structure composed of rigid materials which projects horizontally from the exterior face of a building wall and which may afford protection or shelter from the weather. 2.4 CANOPY, FREE STANDING: Means a structure, unenclosed on all sides, which may afford protection or shelter from the weather and does not include a tent. 2.5 DEVELOPMENT AREA: Means an area designated for development and which is appropriately zoned for the use being advertised, or for which a valid application to permit such development is under consideration by the Municipality. 2.6 DIRECTOR: Means the Director: of Building Administration of the Town or his authorized designate. 2.7 ERECTED: Means to erect, locate, park, build, construct, install, mount, assemble, paint, attach, post, display, or alter. 2.8 HEIGHT: Means the distance from the level of the sidewalk or where no sidewalk exists, the travelled portion of the street abutting the property or from the level of the ground immediately below the sign to the highest point thereof, whichever is the least restrictive. -50- COUNCIL - AUGUST 16, 2005 By-law 4622-04.P Page 4 of 26 2.9 LOT: Means a parcel of land, whether or not occupied by a building or structure which fronts a street dr highway. 2.10 LOT, CORNER: Means a lot situated at the intersection of and abutting two (2) or more streets or two (2) parts of the same street provided that the angle of intersection of such streets or parts thereof Is not more than one hundred and thirty-five (135) degrees. 2.11 LOT, FRONTAGE: Means the cumulative length of all boundaries separating the lot from any street or highway. 2.12 LOT, THROUGH: Means a lot bounded on two (2) opposite sides by streets. 2.13 MENU BOARD: Means a sign erected as part of a drive-thru facility and used to display and order products and services available at the drive-thru business. 2.14 ONTARIO BUILDING CODE: Means The Ontario Building Code Act R.S.O. 1980, Chapter 51, as amended, and all regulations passed thereunder. 2.15 OWNER: Means a Person, or his/her authorized agent, who owns or is In control of the premises, building, sign or other structure or a portion thereof including a mortgagee in possession. 2.16 PERSON: Means an individual, association, firm, partnership, corporation, trust, incorporated company, corporation created under 'The Condominium Act', organization, trustee or agent, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law. 2.17 PREMISES, BUSINESS: Means any premises on which commercial or industrial activities are carried on or permitted under the zoning by-laws. In a multiple tenantioccupancy building, each business area shall be considered a separate premises. 2.18 PRE -MENU BOARD: Means a sign erected as part of a drive-thru facility and only used to display products and services -available at the drive-thru business.. 2.19 REGION: Means the Regional Municipality of York as described in the Regional Municipality of York Act, R.S.O., 1990, c. R.18, as amended 2.20 SHOPPING CENTRE: Means a group of commercial uses, which has been designed, developed and managed as a unit by a single owner or tenant, or a group of owners or tenants, with off-street parking provided on the property, as distinguished from a business area comprised of unrelated individual uses. -51- COUNCIL - AUGUST 16, 2005 By-law 4622.04.12 Page 5 of 26 2.21 SIGN: ' Means any advertising device and any structure, device, or any part thereof, or any device attached thereto, or painted or represented thereon, which is used to identify, advertise, or attract attention to any object, project, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which displays or includes any letter, word, model, number, insignia, device or representation used as an announcement, direction or advertisement, located on the outside of or inside a building or structure and which is intended to be seen from off the premises or from a parking lot. 2.22 SIGN AREA: Means: a) the area of the display surface including the boarder or the frame. b) all of the area of the display surface lying within the extremities of the sign, if the sign does not have a border or frame. c) where used in connection with a sign having two display surfaces and thickness not greater than necessary to accommodate the sign structure and with the thickness not used as a display surface, means the area of one display surface. 2.23 SIGN, AWNING: Means a sign erected on an awning. 2.24 SIGN, CANOPY: Means a sign erected on a canopy. 2.25 SIGN, BILLBOARD: Means a standardized advertising sign, symbol or structure erected and maintained by a person, firm, corporation, business, service, commercial or industrial enterprise engaged in the sale or rental of space thereon to a clientele upon which space there is displayed advertising copy describing one or more products or services which are not necessarily made, produced, assembled, sold or stored from the lot or premises upon which the advertisement is displayed. 2.26 SIGN, DEVELOPMENT: Means a sign erected upon any lands, buildings or structures within a development area which displays a message or information regarding a development in progress or a proposed development. 2.27 SIGN, DIRECTIONAL: Means a sign for the public safety or convenience regulating on premises traffic, parking or other functional subdivision of premises, such as lavatory facilities, telephone, signs denoting other sections of a building, such as office, workshop, etc., bearing no commercial advertising. Including a sign indicating direction and/or distance to an institutional use on another property, but not limited to churches, legions, animal shelters. A Directional Sign may take the form of a ground sign, wall sign, canopy sign, free-standing canopy sign, or awning sign. 2.28 SIGN, FACE: Means the opaque, transparent or translucent surface of a sign, upon, against or through which the message of the sign is exhibited, and is the area defined by a geometric shape within a perimeter bounded by the Inside of the sign frame or sign structure. 2.29 SIGN, FREE STANDING CANOPY: Means a sign erected on a Free Standing Canopy. -52- COUNCIL - AUGUST 16, 2005 By-law 462&04.P Page 6 of 26 2.30 SIGN, GROUND: Means a sign commonly known as a Pylon Sign, supported by one or more uprights, poles, braces; or located on a structural base placed in or upon the ground, but does not include a billboard, inflatable sign or portable sign. 2.31 SIGN, INFLATABLE: Means a sign or advertising device that is inflated. Inflatable signs shall not be considered roof signs. 2.32 SIGN, NUMBER OF: Means that for the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where components or signs are displayed in a random manner without organized relationship or where there Is reasonable doubt about the relationship of said components, each component shall, be considered to be a single sign. 2.33 SIGN, PORTABLE: Means any sign that is not attached or affixed to any land, building or premises with some degree of permanence and shall be deemed to include signs commonly known as sandwich board signs and vehicle signs, except that Portable Signs shall not include ground signs and excludes signs attached to vehicles where such signs indicate information pertaining solely to the owner, lessor, franchise or operator of that vehicle or provide other information as required by law and excludes vehicles which may from time to time be owned and operated by and on behalf of the Town of Aurora. 2.34 SIGN, PROJECTING: Means a sign other than a wall sign which is affixed to a building, wall or structure and which projects approximately perpendicular from same. 2.35 SIGN, READOGRAPH:. Means a permanent sign on which copy is changed manually with letters or pictorial panels. 2.36 SIGN, REAL ESTATE: Means a sign advertising the sale, rental or lease of a lot, building or business. 2.37 SIGN, ROOF: Means a sign erected, constructed or maintained entirely on or above the Roof of a building but does not include an inflatable sign. 2.38 SIGN, SANDWICH BOARD: Means a sign constructed in the shape of an A or triangle and intended to be relocated daily by one person. 2.39 SIGN, STRUCTURE: Means the support, uprights, bracing and framework of the sign. 2.40 SIGN, TRAILER: Means a sign erected on a trailer or vehicle that is not self propelled or whose principal use is not the transportation of people, goods or other materials. 2.41 SIGN, UNSAFE: Means a sign or sign structure which is structurally unsafe, or which constitutes a fire, traffic, or pedestrian hazard, or which impedes a means of egress from any building, premises or property, or otherwise constitutes a risk to the safety of persons or property in, or adjacent to, a premises. 2.42 SIGN, WALL: Means a sign which is parallel to and projects not more than 500 mm from the face of the t&aag and a structure. COUNCIL - AUGUST 16, 2005 By-law 4622-04.13 Page 7 of 26 2.43 STREET: Means a public highway as defined by "The Municipal Act" and 'The Highway Traffic Act' but shall exclude a lane or any private right-of-way or unopened road allowance, or any street which is shown on a Registered Plan of Subdivision which has been deemed not to be a registered plan of subdivision under Section 29 of "The Planning Act', or which has not been assumed by the Town. 2.44 TOWN: Means the Corporation of the Town of Aurora. 2.45 UNDEFINED TERM: For definition of terms requiring clarification such as apartment, non- conforming, etc., the definitions outlined in Zoning By-law 2213-78, as amended, shall be utilized where applicable. 2.46 ZONE: Means a designated area of land use shown on Schedule "A" of Comprehensive Zoning By-law Number 2213-78, as amended. SECTION 3 -ADMINISTRATION 3.1 RESPONSIBILITY: Neither the granting of a permit nor the review of the plans and specifications nor inspections made by the Town shall in any way relieve the owner or any other person from full responsibility for carrying out the work or having the work carried out in complete accordance with the requirements of this By-law or any other By-law or Law applicable to the sign. 3.2 RESPONSIBILITY RE: APPLICATION FOR PERMIT: No person shall make application for a sign permit who Is not the owner of the property on which the work is to be performed, except for a tenant or occupant who shall provide written permission from the owner at the time of application. Nor shall any person submit false or misleading information or documents or make omissions that may mislead in connection with any application for a sign permit, detail of construction or revision thereto. 3.3 RESPONSIBILITY RE: PERMITS: No person shall work or authorize work to proceed on any sign for which a permit is required and which has not been obtained. Where a sign is found to be in contravention of this By-law the Town, Its servants or agents, may Issue a Notice of Violation as per Section 3.19 of this By-law or may impose a penalty under Section 3.20 of this By-law. 3.4 RESPONSIBILITY RE: NOTICES AND ORDERS: No person shall contravene the provision(s) of a Notice of Violation, issued because of a contravention of the By-law or other Law or remove any aforesaid notice or order that is posted on any premises without the approval of the Town. 3.5 RESPONSIBILITY OF, OWNER RE: TIME FOR EXAMINATION: The owner of the lot or premises shall be responsible for ensuring that the application for permit is made in sufficient time to allow a thorough examination of the submitted documents and to permit any necessary amendments or the approval of all governing Authorities prior to the date intended for the commencement of work. -54- COUNCIL - AUGUST 16, 2005 By-law 4622.04.P Page 8 of 26 3.6 CONFORMITY TO BY-LAW AND APPROVED PLAN: It shall be the responsibility of the owner of the lot or premises, to comply with this By-law and the approved plans and specifications and to be satisfied that each set of plans and specifications approved by the Town is identical In every respect, Failure to do so shall not relieve the owner of the responsibility for complying with every requirement of the By-law should any discrepancies become apparent. 3.7 PERMITS, WHEN REQUIRED: Permits are required to erect any sign with a sign area which exceeds one square metre, except that permits are not required to change the message displayed. 3.8 APPLICATIONS FOR PERMITS: To obtain a permit the applicant must first file an application in a prescribed form furnished for that purpose by the Town. 3.8.1 Every application shall: (a) Identify and describe in detail the sign to be covered by the permit for which the application is made. (b) Describe the land on which the proposed sign is, or is to be erected, by street address or by other equivalent description that will readily identify and specifically locate the sign. (c) Be accompanied unless otherwise permitted by the Town, by plans and specifications of sufficient detail and quality as is necessary to ascertain whether or not the sign will be in compliance with this By-law and the Ontario Building Code. Plans and specifications are to be submitted in duplicate, unless otherwise stated. (d) State the full names, addresses and telephone numbers of the owner and any Lessee of the premises and the owner of the sign, the applicant, the designer, and, if known, the contractor and, if the owner or contractor is a corporate body, the address of the head office of the company and the names, addresses and telephone numbers of such officers of the company as may be required. (e) Be accompanied by payment of the required fee pursuant to Schedule A appended hereto. (f) Applications for inflatable and trailer signs shall be made by the Sign Company only, An application for permit for any sign will be deemed to have been abandoned six (6) months after the date of filing, unless such permit has been issued. In case of abandonment, all plans and specifications shall be returned to the applicant, to the address shown on the application. 3.8.2 In keeping with the intent and scope of the By-law, signs which are proposed to be erected on a building or property that is currently on the Town of Aurora's list of Heritage properties, as amended from time to time and for which permits are required, shall require review by LACAC (Local Architectural Conservation Advisory Committee) which is the Committee that advises Council on Heritage matters prior to the issuance of the permit. 3.9 REVISIONS TO APPLICATION OR APPROVED DOCUMENTS: Revisions may be made without charge to the applicant for approved documents provided they do not require in the opinion of the Director additional W65&7 the Town. COUNCIL - AUGUST 16, 2005 By-law 4622-04.P Page 9 of 26 3.10 ISSUANCE OF PERMIT: A sign permit will be issued as follows: (a) Where the application has been properly executed. (b) The required fees have been paid, and (c) The sign for which the application has been made complies in all respects with this By-law and all other By-laws, Acts or Regulations enforceable in the Town. 3.11 EXPIRATION OF PERMIT: Every permit issued by the Town shall expire six (6) months from the date of issuance unless the sign applied for has been erected in conformity with the application and this By-law within that time. The permit shall become null and void upon the removal of the sign other than the temporary removal as agreed to by the Director in writing for the purpose of repair or upon passage of any By-law, the provisions of which would make the approved sign unlawful. 3.12 RENEWAL OF PERMIT: Where, before the expiry date of a permit, an application is made to extend the permit for a further six (6) months, the Town may renew the permit upon payment of the prescribed application fee then in effect at that time where the sign continues to conform to all By-laws and/or governmental regulations existing at that time. 3.13 REVOCATION OF PERMIT: A permit may be revoked by the Town under the following circumstances: (a) Where the sign does not conform to this By-law and amendments thereto. (b) Where the sign does not conform to any regulation, law or requirement of any governmental authority having jurisdiction over the area where the sign is situated. (c) Where the permit.has been issued as the result of false or misleading statements, or undertakings in the applications. (d) Where the permit has been issued in error by the Town. (a) Where the sign erected does not conform with the application, plans or 'specifications submitted under Section 3.9. 3.14 ASSIGNING OF A PERMIT: It Is a condition of the issuance of any permit that said permit shall not be assigned without the approval of the Town and the payment of the prescribed in Schedule C fee. 3.15 FEES: Fees payable under this By-law are as set out in Schedule "A". 3.16 UNSAFE SIGNS: Where In the opinion of the Director of the Town a sign Is unsafe, a letter shall be sent by Registered Mail to the last known address of the owner of the premises, lands or sign, outlining the ways in which the sign is unsafe and directing that the said sign be removed from the property, and the time limits for doing so. Such procedure shall be deemed to be the equivalent of personal notice. -56- COUNCIL - AUGUST 16, 2005 By-law 4622.04.P Page 10 of 26 Upon delivery of said notice by the Town, the owner shall at once proceed to make the sign safe in accordance with the said notice or remove same. If this work is not done within the stipulated time, the Town may then order that the work be carried out by the Town, or an independent contractor, at the expense of the said owner. The cost of this work may be recovered from the owner in a like manner as municipal taxes. 3.17 UNLAWFUL SIGNS: (a) Where a sign is erected in contravention of this By-law, such sign may be taken down and removed by the Municipality at the owners expense. The Director may send by Registered Mail to the last known address of the owner of the sign, or the owner of the land or premises where the sign is situated, a notice requiring the removal of said sign or that it be made to comply with this Bylaw within a stipulated time. Upon receipt of said notice from the Town, the owner shall at once proceed to remove the sign or make it comply with this By-law. If the sign is not removed or made to comply with this By-law within the stipulated time, the Town may order the sign to be removed by its employees or an independent contractor at the expense of the owner. The cost of this work may be recovered from the owner in a like manner as municipal taxes. (b) No such sign shall be altered or relocated for any reason whatsoever, unless the same shall either conform or be made to conform in all respects with the applicable provisions of this By-law. (c) Any sign or other advertising device erected, displayed, altered or repaired after the date of passing of this By-law which is erected, displayed, altered or repaired in contravention with the provisions of this By-law will be required to be brought into conformity with the By-law by the owner, (d) If any such sign is not brought into conformity with the By-law, the Town may remove such sign at the expense of the owner of the lands, premises or sign. Such expense may be recovered by the Town from the owner in a like manner as municipal taxes. 3.18 NOTICES: NOTICE OF VIOLATION: Whenever a contravention of this By-law is apparent, a Notice of Violation may be Issued by the Town to the person who is responsible for the work or to the owner of the lands, premises or sign; said notice shall outline the nature of the contravention and the section of the By-law so contravened, and shall further direct that the contravention be abated within a specified time. In the event that no responsible person can be found to receive the notice, then the notice shall be posted at the site of contravention and a copy shall be sent by Registered Mail to the last known address of the owner or Lessee of the lands, premises or sign, and such procedure shall be deemed to be equivalent of personal notice. 3.19 PENALTY: Any person who contravenes any provisions of this By-law (or any of its clauses) is guilty of an offence and shall, upon conviction, pay a fine not exceeding the sum of Two Thousand Dollars ($2,000.00) for each offence committed pursuant to the Municipal Act and the Provincial Offenses Act. -57- COUNCIL - AUGUST 16, 2005 By-law 4622-04.P Page 11 of 26 In addition, where a security deposit has been posted for a sign permit, in accordance with Schedule "A", said security shall be forfeited upon expiration of the time frame far which a permit was issued notwithstanding Section 3.11 herein and said sign shall be considered to be unlawful as per Section 3.17 herein. 3.20 LIABILITY: The provisions of this By-law shall not be construed as relieving or limited the responsibility or liability of any person who erects or displays, or causes or permits or allows to be erected or displayed, any sign, for personal injury including injury resulting in death, or property damage resulting from such sign of from the acts or omissions of such person, or his agents, servants, employees, contractors or sub -contractors, in the construction, erection, maintenance, display, alteration, repair or removal of any sign erected In accordance with a permit which is issued hereunder. Likewise, the provisions of this By-law shall not be construed as imposing on the Town, its officers, employees, servants and agents, any responsibility or liability whatsoever by reason of the approval of or issuance of a permit for any sign of removal of any sign. 3.21 INDEMNIFICATION: The applicant for a permit for a sign, and the owner and occupant of the lands and premises on which any sign is erected, shall be jointly and severally responsible to indemnify the Town, its officers, employees, servants and agents, from all loss, damages, costs, expenses, claims, demands, actions, suits or other proceedings of every nature and kind arising from and in consequence of the construction, erection, maintenance, display, alteration, repair or removal of such sign. 3.22 VALIDITY: In the event any part or provision of this By-law is held to be illegal or void, this shall not have the effect of making illegal or void any of the other parts or provisions thereof, which may or shall be determined to be legal. 3.23 PRECEDING SIGN BY-LAWS: By-law Number 3013-88 and 3306-91 be and are hereby repealed. Where there is a conflict of the provisions between this By-law and any other By-law of the Town regulating signage, the provisions of the By-law deemed by the Director to be the most restrictive shall prevail. SECTION 4 - PROHIBITED SIGNS 4.1 No person shall erect on any premises any of the following types of signs, except as may be otherwise noted herein: (a) Signs which incorporate in any manner any flashing or moving Illumination which varies in intensity or which varies in colour, and signs which have any visible moving parts, or visible mechanical movement of any description: (1) with the exception of signs which indicate time or temperature provided that such sign Is not prohibited by any other provision of this By-law. , (b) Signs which by reason of size, location, content, colouring, or manner of illumination obstruct the visions of drivers, either when leaving a roadway or when entering a roadway from another roadway or driveway, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads. -58- COUNCIL - AUGUST 16,-2005 By-law 4622.04.P Page 12 of 26 (c) Signs which make use of the words "STOP", "LOOK", "ONE WAY", "DANGER", "YIELD" or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead, or confuse traffic. (d) Signs located so as to obstruct or impede any required fire escape, fire exit, door, window, scuttle, skylight, flue or air intake or exhaust or so as to prevent or impede free access of fire fighters to any part of the building. (a) Any sign which advertises a business no longer conducted, or a product no longer sold within the premises or building upon which the sign is located. Such obsolete signs shall be removed within 30 days of closing of the business. (f) Signs painted on, attached to, or supported by a utility pole, tree, stone, or other natural object. (g) Roof signs. (h) Signs erected, maintained or displayed on Municipal property except public election lists and public election signs, and those signs for which the owner has entered into an encroachment agreement with the Town. (1) Projecting signs, except located wholly on private property or for which the owner has entered Into an encroachment agreement with the Town. 0) Portable signs excluding those signs commonly referred to as sandwich board signs. (k) Signs painted on the exterior walls of any building. (1) Sign(s) which advertise(s) a business which is carrying on business not permitted under the Zoning By-law or amendments thereto, on or in the premises, or building or structure upon which the sign is erected. (m) A ground sign within a 7.5 m radius of a traffic light. (n) Signs which obstruct a required parking space or utilize such parking space for purposes of locating a sign. (o) Any other sign which does not comply with the provisions of this By-law. (p) No person shall be permitted to erect a sign upon a fence. (q) Any sign other than a development sign posted in a Holding Zone. (r) Billboard signs except for those signs displayed by service groups and organizations such as the Chamber of Commerce, Optimists, Lions Club, etc., which are recognized as being such by The Town of Aurora. (s) A sign or mural painted on the exterior wall of a building, excluding a mural which has been approved by Council or a Standing Committee of Council. SECTION 5 • MATERIALS AND STRUCTURAL REQUIREMENTS 5.1 MATERIALS: (a) All materials incorporated into a sign shall comply with all requirements of Section 3.14 of the Ontario Building Code: -59- COUNCIL - AUGUST 16, 2005 By-law 4622-04.P Page 13 of 26 (b) Every sign shall comply with all governing requirements of the Ontario Hydro Electric Commission or the Aurora Hydro, whichever has jurisdiction in the area where the sign is to be erected. 5.2 STRUCTURAL: Signs and their structural members shall be designed to have structural capacity to resist safely and effectively all effects of loads and influence from the environment that may be expected and shall in any case satisfy the requirements of the Ontario Building Code. 5.3 MAINTENANCE: The owner of the lands or premises upon which any sign or advertising device is located. shall maintain or cause such sign or advertising device to be maintained in a proper state of repair so that such sign or advertising device does not become unsafe, unsightly, dangerous or a nuisance. All signs shall be completely operative at all times. Maintenance or repairs using materials identical to the materials of the component being maintained or repaired does not constitute an alteration so as to require a permit. SECTION 6 - GENERAL PROVISIONS The following provisions shall apply in all zones and to all use categories: 6.1 LIMIT ON NUMBER OF SIGNS PER PREMISES: Except as may otherwise be provided in this By-law no more than the following number of signs may be erected on any premises at one time: (a) One (1) ground sign only on any lot, except as permitted by Schedule "A" of this By-law, and (b) One (1) only of any of the following per business premises: (i) wall sign, awning sign, canopy sign, or projecting sign, and (c) Except that where a premises is located on a corner or through lot or has entrances on two (2) or more public highways, or where a premises has both a front and a rear public entrance, or a rear public entrance on a through lot, one (1) additional sign as per Section 6.1(b). Sections 5.3, 6, 6, 9, 10, 11, 12, 13 & 14 herein are subject to this Section. 6.2 ILLUMINATION: - Signs shall not be illuminated in such a way that either the sign or the method of illumination create a hazard or a nuisance. Illuminated signs shall be designed and erected so that light from such signs are deflected away from any adjacent residential premise(s). 6.3 SIGN CONTENT: No person shall erect a sign, the content of which would contravene any Zoning By-law or other By-law, Act, or Regulation enforceable In the Municipality, or which would identify, advertise, or provide information in relation to a use of the lot, property or premises which is unlawful or not permitted. 6.4 WALL SIGN: The following regulations shall apply to wall signs: (a) A wall sign shall not extend above the top extremity of the wall upon which (t,(s placed. COUNCIL - AUGUST 16, 2005 Bylaw 4622.04.P Page 14 of 26 (b) No wall sign, or any part thereof, shall project more than 500 mm from the wall upon which it is mounted. (c) No wall sign shall extend laterally beyond the extremities of the wall to which it is attached. (d) Wall signs shall only be located at the level having direct access to a public way except that where a premise occupies all levels in a multi- storey building the wall sign may be located above the level having direct access to a public way. (e) No portion of a wall sign that projects more than 50 mm from the wall upon which it is mounted shall be located less than 2.4 m above the grade below such sign. (f) A wall sign which projects less than 50 mm from the wall upon which it is attached may be permitted to be located less than 2.4 m above grade where it can be shown by the owner that the height of the wall will not permit same. (g) Wall signs permitted on any wall of a commercial, industrial or institutional building shall have a maximum sign area of .75m2/lineal metre of wall of the wall face, except that any wall facing, and within twenty (20) metres of a Residential Zone shall have no wall signs other than a single Directory Wall Sign with a maximum sign area of 0.5 mZ. (h) A wall sign may be composed of 2 or more Sections, provided the maximum wall coverage of the wall to which the sign is erected does not exceed 20% thereof. (1) The total area of any single wall per premises shall not exceed 35 m'. 6.5 GROUND, IN GROUND, AND FREE-STANDING SIGNS: The following regulations shall apply to all ground signs: (a) Ground signs are permitted between the property line and the building setback lines defined in the applicable zoning by-law. (b) The minimum distance between ground signs on any lot shall be not less than 15.0 m. (c) No ground sign shall exceed 7.5 metres in height from the finished grade level at the base of the supporting structure of said sign except for signage for a shopping centre as per Section 9.1 (b) herein. (d) The number and maximum area of all ground signs shall comply with the provisions outlined herein. (a) No ground sign shall be permitted in a C-1 Local Commercial Zone or C-2, Central Commercial Zone. (f) No ground sign shall exceed 3.6 metres in any dimension of sign face except for signage for a shopping centre as per Section 9.1 (b). (g) No ground sign shall be located at a distance from the common lot boundary with an adjacent lot less than 1.5 m or a distance equal to the height of the sign whichever is greater. (h) In all non-residential zones, ground signs shall be erected a minimum of 9.0 m from the boundaries of any adjacent Residential Zone. -61- COUNCIL - AUGUST 16, 2005 By-law 4622.64.P Page 15 of 26 (1) A ground sign including any part of its structure shall not be located closer than 1.0 m to any driveway, unless located on a traffic island separating the lanes of a two-way driveway. Q) READOGRAPH SIGNS: (i) Readograph signs shall be designed as an integral part of a ground sign. (ii) The readograph portion of a ground sign shall.be located a minimum of 2.4 m above grade or in a secure enclosure. 6.8 AWNING SIGNS: (a) An awning sign shall be designed as an integral part of the awning. (b) No awning sign shall extend beyond the limits of the awning. 6.7 CANOPY SIGNS: (a) A canopy sign shall be designed as an integral part of the attached or free standing canopy fascia. (b) No canopy sign shall extend beyond the limits of the canopy fascia. 6.8 PROJECTING SIGNS: (a) No portion of a projecting sign shall be less than 2.4 m above the finished grade or floor level. immediately below such sign. (b) No projecting sign shall exceed 1.6 m2 in sign area per sign face. (c) No projecting sign shall be illuminated internally. (d) No projecting sign shall have more than two sign faces. SECTION 7 - SIGNS PERMITTED IN ALL ZONES 7.1 EXISTING SIGNS: Any sign except prohibited signs as described in Section 4, erected, constructed or placed before the day this By-law shall come into force and in use on such day may remain and continue to be used and maintained notwithstanding that it does not conform with the applicable provisions of this By-law, provided that, (a) No such sign shall be altered or relocated whatsoever, unless the same shall conform or be made to conform in all respect with the applicable provisions of this by-law. (b) Notwithstanding the foregoing, nothing shall prevent the maintenance of a non -conforming sign. Except as otherwise noted herein the following signs shall be permitted for all land use zones in the Town and shall not be counted when calculating the number of signs permitted for any premises. However, such signs shall comply with the provisions specified herein. 7.2 SIGNS REQUIRING A PERMIT: (a) A sign having an area of not more than 4.6 m2 incidental to building construction within the area designated for such purposes provided there is an active permit, to construct, on file with the Director. Such sign shall not be erected more than thirty (30) days prior to the commencement of said construction and shall be removed as soon as said construction is completed or said construction is discontinued for a period exceeding sixty (60) days. -62- COUNCIL - AUGUST 16, 2005 7.3 By-law 4622•e4.P Page 16 of 26 (b) Ground signs or banners not exceeding 4.6 m2 in sign area relating to the opening of a new business, provided the business complies with all Town By-laws. Such sign not to exceed 4.6 m2 to be erected no more than fourteen (14) days prior to the opening for business, and to be removed within sixty (60) days thereafter. (c) Development Signs; Development signs are permitted in all development areas subject to the following regulations. A development sign: (1) shall be a wall sign or ground sign, (ii) shall only be permitted if it faces a public highway or road; and All development signs shall comply with the provisions herein with respect to wall signs or ground signs, as the case may be. Development signs shall only be permitted for a maximum period of 3 years. An application for a development sign shall be accompanied by refundable security as per Schedule "C', in addition to the normal permit fee, which security shall be refunded when such signs have been removed to the satisfaction of the Town. Development signs which are not removed within 14 days of the 3 year expiry date or notification thereof and for which no written extension of time shall have the security posted for same cashed by the Town. Such security may be used for the costs associated with the administration and removal of the sign. SIGNS FOR WHICH A PERMIT IS NOT REQUIRED: (a) A sign containing the name, address and profession of a resident or occupant and may incorporate the hours of work, operation or availability. However, the sign shall not be more than 0.2 m2 In sign area and shall not include any commercial advertising. (b) No trespassing signs or other such signs regulating the use of property, of no more than 0.2 m2 in sign area. (c) Real Estate signs not exceeding 1.0 m2 in sign area in a Residential Zone and 2.0 m2 in other zones, provided that in other zones a sign not exceeding 3.0 m2 shall be permitted on a lot having over 30.4 m frontage, which advertises the sale, rental, or lease of the lot, or premises, on which said signs are located. Such real estate signs shall be removed within thirty (30) days after the premises or lot advertised has been sold, rented or leased. Maximum one such sign per lot. (d) Direction Sign not to exceed 0.5 m2 in area, In a Residential Zone, and 1 m2 in area in other zones. (a) Signs erected by a governmental body, or under the direction of such a body, and bearing no commercial advertising, such as traffic signs, rail road crossing signs, safety signs, signs identifying public schools or public buildings, Public Information signage and signs of a similar nature. (f) Memorial signs or tablets and signs denoting the date of erection of buildings attached to the wall of a building or structure, maximum size 0.5 m2. -63- COUNCIL — AUGUST 16, 2005 By-law 4622-04.13 Page 17 of 26 (g) Flags bearing the crest or insignia of any corporation, government, agency or religious, charitable or fraternal organization. (h) Public election lists, public election signs and candidate signs including signs erected at a campaign headquarters. Such signs shall be no larger than 2 m2 in area and shall be removed within forty-eight (48) hours after the election for which such signs have been erected subject to The Elections Act or Municipal Elections Act or any other relevant legislation. (1) Temporary signs no larger than 2 m2 In area advertising auctions and special events of charitable or public service groups which signs shall be removed within 48 hours thereafter. 0) Signs erected at the request of the municipality including planning, development, and information signs as well as Zoning and Official Plan Amendment signs, which signs shall be removed within seven days after one of the following events has taken place: (1) the application is turned down by Council or is withdrawn; (11) the Official Plan Amendment is approved or turned down by the Minister of Municipal Affairs or the Ontario Municipal Board; or (Ili) Zoning By-law comes into force or is approved by the Ontario Municipal Board. (k) Sandwich Board Sign: One per premises, where permitted in the By-law, may be maintained during normal working hours, to be removed each night after business closes: . (1) Maximum dimension 1 metre, (11) Maximum area 1 metre square per side. (1) Signs for a blood donor clinic of the Canadian Blood Services. (m) Public transit shelter advertising or any advertising on street furniture and fixtures approved by the Town or Region. SECTION 8 - SIGNS PERMITTED IN RESIDENTIAL ZONES 8.1 The following signs are permitted in a Residential Zone: (a) Those signs permitted in Section 7.3 (a) to 0) of this By-law. (b) One identification wall sign not exceeding 9.0 m2 in sign area for an apartment building. (c) One identification and vacancy information ground sign not exceeding 2.4 m2 in sign area nor4.0 m in height for an apartment building. (d) Buildings within a Residential Zone which have been converted or may be converted into businesses or offices excluding home occupation, may have a ground sign with a maximum area of 9.0 m2 and a maximum height of 4.0 m or a projecting sign with a maximum area of 5.0 m2 identifying the building, business and occupants thereof. 8.2 Sign(s) Permitted in an R5 or R5 Exception Zone (a) Notwithstanding any other provision of this by-law, readograph signs (b) No sign erected shall obstruct or interfere with any architectural Detail' i on the building. COUNCIL - AUGUST 16, 2005 By-law 4622-04.P Page 18 of 26 (c) . Ground signs for single tenant buildings shall not exceed 1.5m' in area per single sign face or 3.Om2 for all faces combined. Such ground signs, notwithstanding Section 6.4, shall not exceed 2.Om in height. (d) Ground signs for multlrtenant buildings shall not exceed 2.OM2 in area per single sign face or 4.0m' for all faces combined. Such ground signs, notwithstanding Section 6.4, shall not exceed 2.5 m in height. (e) The area of wall signs shall not exceed 0,25m' of sign area per linear horizontal metre of building wall upon which such sign is located. No sign shall exceed 1.25m2 in sign area. (f) The area of canopy signs shallnot exceed 0.25m2 of sign area per Linear horizontal metre of canopy fascia upon which such sign is located. No sign shall exceed 1.0m' in sign area. (g) Notwithstanding Section 63, no projecting sign shall exceed 0.75m' in area per sign face. (h) No more than a maximum of two signs shall be permitted. (1) Internally illuminated signs shall not be permitted in Special Sign Districts. SECTION 9 - SIGNS PERMITTED IN COMMERCIAL ZONES 9.1 The following signs shall be permitted in a Commercial Zone. Table B — Signs Permitted in Commercial Zones Sign Type Requirement Maximum Area Maximum Illumination Per Face Height Wall 0.75m' per 1,Om of N/A Intemal or linear building external fagade, maximum 35.0 m' for an individual sign Awning N/A 10% of the area of N/A External the awnin Canopy NIA 0.25 m' per 1.0m of NIA Intemal or linear length external Projecting NIA 1.0 in N/A External • Ground Lot frontage 75 m 10 m' 7.5 m Internal or or less external • Ground Lot frontage greater 10 m 7.5 m Internal or than 7.5 m less _ external than 300 max. 2 signs 1. A wall sign on an office building three or more storeys In height, shall be located only on any of the following: the first storey, the top storey and parapet, the mechanical penthouse. 2. Where a wall sin is located on the wall of a mechanical penthouse of an office One additional ground sign may be permitted where the commercial property abuts a corner lot. 9.2 No person shall erect or display a sign in a commercial zone except inconformity with the regulations of Table B. -65- COUNCIL - AUGUST 16, 2005 By-law 4622-04.P Page 19 of 26 No ground sign shall be permitted on an inside lot or a corner lot which has a street frontage of less than 12.2 m (40.0 ft). Readograph signs forming an integral part of a ground sign shall be permitted except that all the provisions under Section 8.3 shall apply. 9.3 Portable Sign(s): Portable signs shall include mobile and Inflatable signs; (a) No Person shall locate or permit the location of a portable sign on any lot except In accordance with the provisions of this By-law; (b) No person shall locate or permit the location of a portable sign on any lot m without first obtaining therefore a permit, pursuant to this By-law, from the Director and supplying such information as is required pursuant to the By-law and paying such fee as is set forth in Schedule "A" to this By-law which fee shall represent the cost of a permit for a period of two weeks; (c) No person shall locate or permit the location of a portable sign on any lot except on a lot on which commercial or industrial activities are carried on; (d) No person shall locate or permit the location, of a portable sign on any lot if a permit issued therefore pursuant to this By-law is revoked; (a) No person shall locate or permit the location of a portable sign on any lot which is not owned or leased by that person without first obtaining a current and valid licence to carry on the business of leasing mobile signs, pursuant to By-law 3447-93 (as amended) or successor legislation thereto. Where the owner of a lot can show that they are the owner of a portable sign, the requirement to be licensed will be waived; (f) No person shall locate or permit the location of more than one portable sign on any lot at any point in time; (g) No person shall locate or permit the location of any portable signs on any single lot for more than four occasions in a single calendar year and each occasion shall represent a two -week period; (h) No person shall locate or permit the location of a portable sign on any lot for a cumulative period of time in excess of eight weeks, which time . may occur consecutively, and a portable sign hall be deemed to be located o a loton the first day it is delivered to that lot; (i) No portable sign shall be illuminated or employ any flashing or sequential light, or an mechanical or electronic device to provide or simulate motion; (j) A portable sign shall be erected on a property so as not to Interfere with pedestrian and/or vehicular traffic. (k) A portable sign shall have a maximum height measured from grade not greater than 2.7 metres. (1) Sign area devoted to portable signage shall not be included In the maximum sign entitlement for the property. (m) No portable sign shall be located closer than 1.0 metres to a street line or within a day -lighting triangle referred to in By-law 2213-78, as amerftd- COUNCIL - AUGUST 16, 2005 By-law 4622.04.13 Page 20 of 26 (n) No person shall locate or permit the location of a portable sign on any lot without first having provided security in a form satisfactory to the Director and in the amount as set forth in Schedule "A" to this By-law. Such security shall be for the purpose of ensuring the applicant's compliance with the terms of this By-law and the application for permit. If the applicant breaches any of the provisions of this By-law,such security shall constitute the Town's minimum liquidated damages to rectify the breach; (o) No person shall locate or permit the location of any portable sign except entirely on the lot specified in a permit issued pursuant to this by-law; (p) No person shall locate or permit the location of any portable sign on a parking space that is required pursuant to Town of Aurora Zoning By- law 2213-78 (as amended) or site plan or other agreement with the Town. (q) Portable signs for the purpose of promoting non-profit, charitable and community events shall be permitted on a first come first served basis provided: (i) There is no commercial advertising included in the message. (ii) The signs are located for a period not to exceed 14 days prior to the event, (III) A plan outlining the proposed location and nature of the message is provided and reviewed by the Director of Building Administration. (iv) The maximum number of signs is restricted to four per event. (v) Where required approval from other affected agencies is obtained. (vi) No more than one event may be advertised at any one time. SECTION 10 - SIGNS PERMITTED IN SHOPPING CENTRES 10.1 SHOPPING CENTRE SIGNS In addition to other provisions of this By-law, the following regulations shall apply to SHOPPING CENTRES other than those in a Local Commercial C1 Zone and a Central Commercial C2 Zone. Additional Regulationsfora Shopping Centre on a Lot of 1.0 he to 4.0 he in Area Sign Type Number Maximum Area Maximum Illumination per Face Height Ground 1 for each 100 m of 10.0 m' 9.0 in Internal or frontage to a maximum external of 2 Wall, Canopy All wall signs shall be -0.75 m' per 1.0m of NIA Internal or erected in accordance building fagade, external with the sign uniformity maximum 35.0 m- plan approved by the for an individual Town sign -67- COUNCIL - AUGUST 16, 2005 Bylaw 462&04.P Page 21 of 26 Additional Regulations for a ShoppIngCentreon a Lot Over 4.0 ha in Area Sign Type Number Maximum Area Maximum Illumination per Face Height Ground 1 for each 100 m of 16.0 m' 9.0 m Internal or frontage to maximum of external 2 Minimum 45 m separation between the round signs Wall, Canopy All wall signs shall be 0.75 m' per 1.0m of N/A Internal or erected in accordance building facade, external with the sign uniformity maximum 35.0 m' plan approved by the for an individual Town sl n One additional ground sign shall be permitted where the shopping centre Is located on a corner. No sign shall exceed 4.9 m In width. Coordination of signage among individual and groups of merchants within shopping centres in respect to at least two of the following aspects: type, location, style, colour, size and height shall be encouraged. Portable signs in accordance with Section 9.7 herein. SECTION 11 -SIGNS PERMITTED IN INDUSTRIAL ZONES 11.1 The following signs shall be permitted in an Industrial Zone. 11.2 Wall, canopy and awning signs indicating the use and/or occupancy of the lot and/or building shall be permitted subject to the following (a) No portion of a wall, canopy or awning sign shall be located less than 2.4 m above the grade below the sign. (b) No wall, canopy or awning sign shall extend laterally in any direction beyond the extremities of the wall to which it is attached. (c) No wall sign shall have a sign face exceeding 20% of the total area of . the exposed wall to which it is attached or a total sign area of 19 m2 whichever is less. (d) No wall sign or part thereof shall project more than 0.5 m from the wall upon which it is mounted. (a) A wall sign which projects less than 0.05 m from the wall upon which it is mounted may be permitted to be located less than 2.4 m above grade where It can be shown by the owner that the height of the wall will not permit same. (f) Canopy and awning signs shall be designed as an integral part of the canopy or awning upon which the sign appears, (g) No more than one wall or canopy or awning sign shall be permitted per building,, except in a multiple unit building one wall or canopy or awning sign shall be permitted at each business premise. -68- COUNCIL- AUGUST 16, 2005 By-law 4622.04.P Page 22 of 26 (h) Buildings on a corner lot or through street shall be permitted additional signage in accordance with Section 6.1(c). 11.3 Ground signs Indicating the use and/or occupancy of the lot and or building shall be permitted subject to the following. (a) Ground signs shall be located between the street line and the minimum setback lines defined for the applicable zone in By-law 2213-78 as amended, except that no ground sign or part thereof shall be located closer than 1.0 m to any driveway or street. (b) The minimum distance between ground signs on any lot shall not be less than 15.0 m. (c) No ground sign shall 'exceed 7.5 metres in height from the finished grade level at the base of the supporting structure of said sign to the highest point of the supporting structure. (d) No ground sign shall be located at a distance from the common lot boundary with an adjacent lot less than 1.5 m or a distance equal to the height of the sign whichever is greater. (a) No ground sign shall be permitted on an inside lot or a corner lot which has a street frontage of less than 12.2 m (40.0 ft). (f) One ground sign on an inside lot which has a street frontage of at least 12.2 m (40.0 ft) and up to 76.2 m (250.0 ft) provided that such ground sign shall have a maximum sign area of 0.09 m2 (1.0 ft2) for every 0.3 m (1.0 ft) of street frontage. (g) Two ground signs on an inside lot which has a street frontage of more than 76.2 m and up to 305.0 m provided that such ground signs shall have a maximum cumulative sign area of 0.09 m2 for every 0.3 m of street frontage but no one ground sign shall have a sign area greater than 10.0 m2 (107.64 sq.ft.). (h) One ground sign in accordance with sections (g) and (h) may be erected on each streetfrontage of a comer or through lot, provided however, that each such street frontage has a minimum length of 12.2 m (40.0 ft). (1) Where by virtue of this section one ground sign is permitted on each street frontage of a corner or through lot, then in the alternative, one ground sign containing a maximum sign area equal to the sign area which Is otherwise permitted under this section to a maximum sign area of 20.0 m' (215.28 sq.ft.) shall be permitted on one street frontage of the corner or through lot provided that no sign is erected or displayed on the other street frontage of the corner or through lot. (j) Setbacks for Residential Zones shall be 9.0 in in accordance With Section 6.5(h). 11.4 Projecting sign(s) permitted subject to the following provisions: (a) One per premises, (b) Non -illuminated, (c) Minimum of 2.4 m above the grade immediately below said sign, and (d) Maximum sign area of 0.5 m2, -59- COUNCIL - AUGUST 16, 2005 By-law 4622.04.P Page 23 of 26 (e) The projecting sign is placed as an alternative to the permitted wall or canopy or awning sign, except in the C1 and C2 Zones, which shall permit one projecting sign in addition to the wall, canopy or awning sign. SECTION 12 - SIGNS PERMITTED IN INSTITUTIONAL ZONES 12.1 The following signs shall be permitted in an Institutional Zone. 12.2 One wall sign indicating the name of the institution and/or occupancy of the lot and/or building shall be permitted subject to the following (a) No portion of a wall sign shall be located less than 2.4 m above the grade below the sign. (b) No wall sign shall extend laterally in any direction beyond the extremities of the wall to which it is attached. (c) No wall sign shall have a sign face exceeding 20% of the total area of the exposed wall to which It is attached. (d) No wall sign or part thereof shall project more than 0.5 m from the wall upon which it is mounted. (e) A wall sign which projects less than .05 m from the wall upon which it is mounted may be permitted to be located less than 2.4 m above grade where it can be shown by the owner that the height of the wall will not permit same. (f) No more than one wall or canopy or awning sign shall be permitted per building, except in a multiple unit building one wall or canopy or awning sign shall be permitted at each business premise. 12.3 One ground sign with a maximum sign area not to exceed 4.0 m2 indicating the name of institution, dates and times of events, etc., or which could be classed as an outdoor bulletin board. (a) Ground signs shall be located between the street line and the minimum setback lines defined for the applicable zone in By-law 2213-78 as amended, except that no ground sign or part thereof shall be located closer than 1.0 m to any driveway or street. (b) The minimum distance between ground signs on any lot shall not be less than 15.0-m. (c) No ground sign shall exceed 4.0 metres in height from the finished grade level at the base of the supporting structure of said sign to the highest point of the supporting structure. (d) No ground sign shalt be located at a distance from the common lot boundary with an adjacent lot less than 1.5 m or a distance equal to the height of the sign whichever is greater. (a) Setbacks from Residential Zones shall be 9.0 m in accordance with Section 6.5(h). 12.4 Projecting sign(s) permitted subject to the following provisions: (a) One per premises, (b) Non_iliy6inated, COUNCIL - AUGUST 16, 2005 By-law 4622.04.P Page 24 of 26 (c) Minimum of 2.4 m clearance to above the grade immediately below said sign, and (d) Maximum sign area of 0.5 m2, (a) The projecting sign is placed as an alternative to the permitted wall or canopy or awning sign. (f) The projecting sign is placed as an alternative to the permitted wall or canopy or awning sign, except in the C1 and C2 Zones which shall permit one projecting sign in addition to the wall, canopy or awning sign. SECTION 13 - SIGNS PERMITTED IN RURAL, OPEN SPACE OR ENVIRONMENTAL PROTECTION ZONES 13.1 No person shall erect a sign in a Rural, Open Space and Environmental Protection Zone, save and except the following: (a) One Ground Sign with area of sign not to exceed 2.2 m2 indicating the Residential, Commercial, or Institutional use of the building or lot. (b) Maximum of Two Ground Signs with each sign area not to exceed 1.0 m2 advertising the sale of edible farm produce produced on the premises, (Rural Zone only). (c) Ground signs indicating public trail systems, educational areas, natural areas of environmental interest, types of flora and fauna, natural habitat areas and outlining educational information with respect to the environment wherein the sign is placed. (d) Where the municipality has permitted a designated use which is non- conforming than the signage permitted under such use shall be permitted. (a) Signage which may be placed by or at the request of the Town or Region shall not be restricted in size. SECTION 14 - SIGNS PERMITTED IN AUTOMOBILE SERVICE STATIONS OR GAS BARS (INCLUDING A CAR WASH) 14.1 No person shall erect a sign in an automobile service station or gas bar lot, save and except the following: (a) Wall Sign(s) with area not to exceed 20% (twenty percent) of the area of the wall to which the sign is attached. One such sign is permitted on each wall except if a wall abuts a Residential Zone. (b) One Ground Sign with a maximum sign area of 10.0 m2 (107.64 sq.ft.) indicating the use and/or occupancy of the lot or building may be permitted. Where the property is a corner lot a second ground sign with a maximum sign area of 10.0 m2 (107.64 sq.ft.) shall be permitted. (c) One Ground Sign for posting of copy or price of gas, or accessories; such as are associated with a service station, public garage or gas bar. Area of above signs not to exceed 2.4 m2 for each sign, except where a service station, public garage or gas bar Is located on a corner lot. Such signs shall be permitted provided only one sign is adjacent to each street. (d) Signs-ppytomarily displayed on gasoline pumps which are an integral part-af thee pump or pump island design. COUNCIL - AUGUST 16, 2005 By-law 4622.04.13 Page 25 of 26 (e) Free-Standing Canopy Sign - one sign permitted on each fascia of canopy, maximum area to be 50% of the canopy fascia. However, if one side of the canopy fascia faces a Residential Zone, then no sign is permitted on that fascia. Canopy fascia may be illuminated. (f) Signs which display occasional corporate promotions provided such signs have a maximum area of 1.0 m2 on any 1 face and by their nature and makeup are temporary such as signs printed on posterboard, cardboard, etc. Section 15 — Menu Boards 15.1 One menu board shall be permitted in association with a drive-thru facility in a commercial zone, provided the menu board is a maximum height of 2.5 m and a maximum sign area of 4 m2. 15.2 One pre -menu board shall be permitted in association with a drive-thru facility in a commercial zone, provided the pre -menu board is a maximum height of 25 m and a maximum sign area of 2 m2. SECTION 16 - EXCEPTIONS TO THE BY-LAW 16.1 Notwithstanding any other provision of this By-law, the Town may permit or grant an exception to Section 8, Residential Zones, and Section 9, Commercial Zones, which would permit one temporary sign per lot, no larger than 2 m2 in area, advertising issues of civic concern for a period of up to 30 days. 16.2 Notwithstanding any other provisions of this By-law, only the following Sections of this By-law apply to traffic signs erected, or to be erected, by any Municipal, Regional, Provincial Department, Ministry, Agency, or Authority: Sections 2, 3.1, 3.2, 3.5, 3.7, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, 3.24, 4.1, 4.1(b), 4.1(c), 5, 5.3. SECTION 17 - REPEALED BY-LAWS 17. By-law 3400-92 is hereby repealed. READ A FIRST AND SECOND TIME THIS 14"' DAY OF DECEMBER, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 14'h. DAY OF DECEMBER, 2004. T. JONES, MAYOR B. PANIZZA, TOWN CLERK -72- COUNCIL - AUGUST.16, 2005 SCHEDULE"A" PERMIT FEES: By-law 4622-04.P Page 26 of 26 The scale of fees to be paid to the Town of Aurora for sign permits shall be as follows: (a) $5.00 per square metre of sign face area. (b) Basic Minimum Fee: $75.00 or the amount as calculated in (a), whichever is greater. (c) Renewal of a sign permit: $30.00 (d) Refunds: Permit fees are for the cost of the application, including review for compliance to the By-law, processing and issuance and are non- refundable. (a) Letter of Credit for Development Signs: $500.00 (f) Application for Variance: $150.00 — non re -fundable -73- COUNCIL - AUGUST 16, 2005 APPENDIX #2 -74�