1. REGULATION OF SIGNS WITHIN DESIGNATED HERITAGE CONSERVATION DISTRICTS

RÈGLEMENTATION CONCERNANT LES ENSEIGNES DANS LES DISTRICTS DE CONSERVATION DU PATRIMOINE DÉSIGNÉS

Committee recommendation

That Council receive this report for information regarding administrative initiatives to ensure sign permit applications within designated heritage conservation districts are in conformity with the City's heritage objectives.

Recommandation DU Comité

Que le Conseil prenne connaissance du présent rapport concernant les initiatives administratives visant à assurer que les demandes de permis d'enseigne dans les districts de conservation du patrimoine désignés sont conformes aux objectifs de la Ville en matière de patrimoine.

Documentation

1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 3 June 2009 (ACS2009-ICS-PGM-0121).

2. Memo from Coordinator, Local Architectural Conservation Advisory Committee, dated 22 June 2009.

Report to/Rapport au :

Local Architectural Conservation Advisory Committee

Comité consultatif sur la conservation de l'architecture locale

and / et

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

03 June 2009 / le 03 juin 2009

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne ressource : Sandra Garnett, Manager, Business Integration Services

Building Code Services Branch/Direction des services du code du bâtiment, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 41544, sandra.garnett@ottawa.ca

City Wide/à l'échelle de la Ville

Ref N°: ACS2009-ICS-PGM-0121

SUBJECT:	REGULATION OF SIGNS WITHIN DESIGNATED heritage conservation DISTRICTS

OBJET :	RÈGLEMENTATION CONCERNANT LES ENSEIGNES DANS LES DISTRICTS DE CONSERVATION DU PATRIMOINE DÉSIGNÉS

REPORT RECOMMENDATION

That the Local Architectural Conservation Advisory Committee recommend that Planning and Environment Committee recommend Council receive this report for information regarding administrative initiatives to ensure sign permit applications within designated heritage conservation districts are in conformity with the City's heritage objectives.

RECOMMANDATION DU RAPPORT

Que le Comité consultatif sur la conservation de l’architecture locale recommande au Comité de l'urbanisme et de l'environnement de recommander au Conseil de prendre connaissance du présent rapport concernant les initiatives administratives visant à assurer que les demandes de permis d'enseigne dans les districts de conservation du patrimoine désignés sont conformes aux objectifs de la Ville en matière de patrimoine.

BACKGROUND

On July 9, 2008, City Council approved motion (40/9), moved by Councillor Legendre, that requested staff bring forward a report with respect to the regulation of signs within Heritage Conservation Districts outlining options for enhancing the preservation of the heritage character of the area.

Heritage Program

The Ontario Heritage Act of 1975 and as amended in 2006 enables municipalities to identify and protect properties of cultural heritage value. Ottawa has now over 3500 properties designated under the Ontario Heritage Act.

Protection

The Ontario Heritage Act provides two ways to recognize and protect heritage properties: individual designation (Part IV of the Act) and heritage district designation (Part V of the Act). Individual designations apply to single properties that have cultural heritage value. The property may be associated with an outstanding member of the community, or have played a role in an important historic event or may represent a theme in the community's history. It may also have cultural heritage value if it is a good example of a particular type of building, architectural style or period, or if it is the work of an important architect or builder.

District designations under Part V of the Act apply to a collection of buildings, streets or open spaces that are of special significance to the community. A district should convey a definite sense of time and place, as for example, the By Ward Market. There are 16 heritage conservation districts in Ottawa.

Sign By-law 2005-439

The Permanent Signs on Private Property By-law supports planning objectives with respect to building design and heritage preservation by requiring careful consideration of general design criteria when reviewing sign applications for both wall mounted and ground signs. Procedurally, all sign applications that are requesting installation on individual heritage buildings or within districts designated under the Heritage Act are scrutinized by Building Code Services staff and circulated to Heritage Services staff to ensure that features unique to the structure or property are respected. When a sign structure is removed or replaced, a new sign permit is required. However, where only the sign face or the information on the sign face is changed, a sign permit is not required.

The following criteria is included in the by-law:

GENERAL DESIGN CRITERIA

S. 68 (1) The owner of a permanent sign shall ensure that the size, scale, design and appearance of a sign that is on or attached to a building complies with the general intent and purpose of the urban design policies and guidelines of the secondary plans, site specific policies of the official plan and Council policy objectives for specific roadways identified in the by-law as they relate to,

(a) the size, scale, design and appearance of the building;

(b) the architectural features of the building; and

The National Capital Commission (NCC) owns many heritage properties within Ottawa or maintains some level of development control over properties under their jurisdiction. In addition, the NCC and Parks Canada have interest in the preservation of the environment both built and natural around the Rideau Canal particularly since its designation as a World Heritage Site.

The Permanent Signs on Private Property By-law therefore includes regulations specific to those areas under the protection of the NCC or Public Works Canada.

NATIONAL MONUMENTS BUFFER

S.80 (1) No person shall erect a sign that,

(a) is within 150 m of the National War Memorial or of the precincts of Parliament Hill, or

(b) has a sign face that is visible from the National War Memorial or from Parliament Hill, if that sign in any way detracts from, interferes with or obstructs the view of the National War Memorial or of Parliament Hill, as the case may be.

(2) For the purposes of subsection (1), where an application for a permit is

accompanied by a written statement or other certification from the National

Capital Commission that a sign does not detract from, interfere with or obstruct

the view of the National War Memorial or of Parliament Hill, that statement or

certification is conclusive proof of the facts stated or certified therein.

(3) Subsection (2) does not permit a sign that is otherwise prohibited.

CEREMONIAL ROUTE BUFFER

81. (1) No person shall erect a sign that is adjacent to or visible from Sussex Drive, Wellington Street, Mackenzie Avenue, or Elgin Street from Laurier Avenue to Wellington Street if that sign detracts from, interferes with or obstructs the function of those streets, or any of them, as a ceremonial route.

(2) For the purpose of subsection (1), where an application for a permit is accompanied by a written statement or other certification from the National Capital Commission that a sign does not detract from, interfere with the function of or obstruct the ceremonial route, that statement or certification is conclusive proof of the facts stated or certified therein.

(3) Subsection (1) does not permit a sign that is otherwise prohibited.

DISCUSSION

Heritage Review

Each property, whether individually listed within a heritage district, or located adjacent to a ceremonial route, is reviewed to determine whether the design and/or placement of signs will affect a building or property protected under Heritage Act provisions. The initial step confirms the property zoning and whether it is located within a Heritage Conservation District. The second step determines whether the building is included on the heritage reference list.

In either case, the application and the detailed sign proposal is circulated to the Heritage Section within the Department for comment. Heritage staff either confirm that the design of the sign is compatible with the heritage objectives for the building or property, or provide suggestions for sign modifications. The comments received are discussed with the applicant. In most cases, the sign is modified in accordance with the suggestions and the sign permit is issued. While every effort is made to encourage compliance with the sign regulations and design provisions of the By-law, there are occasions where the applicant is unwilling to modify the sign and the sign application, as presented, is refused. The legislation does provide the applicant the opportunity to appeal the Department's decision through the sign minor variance process whereby the merits of the application are considered by Planning and Environment Committee and City Council.

Consultation

To confirm that heritage significant sites and features under National Capital Commission jurisdiction are significantly protected under the current sign design guidelines, staff met with NCC representatives to review the guidelines and confirm the current list of NCC ceremonial routes and heritage sites. The representatives were satisfied that the wording of Sections 81(1) and (2), defining ceremonial routes and requiring written approval from the NCC for applicable sign applications (confirming that a proposed sign does not detract from, interfere with the function of or obstruct the ceremonial route) does provide the necessary protection.

To ensure accuracy, the NCC will provide regular updates of maps detailing the Parliamentary Precinct and Ceremonial Routes, plus a list of areas with sensitive sites and features including world heritage sites. Wherever possible, the NCC will advise of applicable restrictive covenents that impose exterior façade and/or property design controls.

Status of Signs

It is possible that not all existing signs preserve the heritage character of the area. While design criteria has been included in the existing by-law, providing support for heritage objectives when reviewing new and replacement signs, there may be signs that were in existence prior to the by‑law that were installed in compliance with the existing by-laws of the day and therefore enjoy a non-conforming status and may not preserve heritage character to the level that is required today. Furthermore, there are signs installed on heritage buildings that were approved by Council through the sign minor variance process.

Should the sign structure be removed or replaced, a new sign permit would be required and the design provisions would apply. While, as mentioned earlier, a change to the sign face only is permitted without the requirement for a permit, the type of sign and sign structure originally approved, for example an identification wall sign with specific dimensions, must remain or a new application would be required and subject to review for compatibility with the heritage objectives.

In addition, signs may have been installed on heritage properties without first obtaining a sign permit. These sign violations are not pursued unless a complaint is received, at which time the enforcement process is initiated.

To discourage the installation of signs without a permit, to offset additional costs incurred in obtaining compliance, City Council approved a surcharge where the property owner must pay, in addition to the sign application fee, an additional fee equal to 50 per cent of the permit fee, where a sign has been installed prior to the issuance of a sign permit. Furthermore, where a sign minor variance is requested for a sign that does not comply with the by-law provisions and has been installed in advance of the permit being issued, an additional surcharge equal to 100 per cent of the minor variance fee also applies.

Proposed Enhancements to Sign Review and Approval Process

Having consulted with Heritage Services staff to consider opportunities to enhance the current process, when reviewing sign proposals on buildings and property of heritage significance, the following procedural enhancements will be undertaken:

· Sign companies will be reminded of their obligations to obtain a sign permit in advance of sign installation, the need to comply with by-law regulations, and advised of the consequences associated with the installating signs without a permit. An electronic copy of the consolidated Sign By-law will be included.

· To emphasize the significance of the design criteria for signs on buildings and properties designated Heritage, a separate document detailing the criteria and illustrating appropriate signage will also be provided to the sign companies and made available on the City's website.

· Heritage comments provided to Building Code Services will include specific recommendations for sign design modifications to achieve conformity with the architectural features of a building or the heritage character of a designated area, and will be referenced in the report where a minor variance application has been submitted.

· Prior to sign permit issuance, sign design modifications will be re-circulated to the Heritage Section to confirm that the sign as modified will enhance the preservation of the heritage character of the area.

The Department is satisfied the continued application of the design objectives outlined in the Permanent Signs on Private Property By-law 2005-439, in combination with the action plan detailed above, will ensure that the sign industry remains aware of the importance of heritage objectives. The Department will continue to stress the need to obtain sign permit approval and the significance of the design objectives in the review of sign applications for the preservation of heritage buildings, features and the character of heritage areas.

CONSULTATION

The Department's Heritage Section was consulted and has provided input in the development of the process enhancement detailed in the above action plan. Staff met with the National Capital Commission staff to confirm that the existing Sign By-law continues to be an effective mechanism to protect the heritage character of federally owned or protected properties.

LEGAL/RISK MANAGEMENT IMPLICATIONS

The Official Plan provides that an alteration is a "substantive" change. There, given that the installation of a sign is generally a reversible act, the City has administratively not required an application for a permit to alter under the Ontario Heritage Act for the installation of a sign. However, an argument can be made that a particular sign may have the effect of a substantive change and therefore it is open to the City in an appropriate case to require an application for a permit to alter under the Heritage Act for the installation of a sign.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

N/A

DISPOSITION

The Building Code Services Branch of Planning and Growth Management will implement the enhanced process detailed above.

M E M O / N O T E D E S E R V I C E

To / Destinataire

Chair and Members, Planning and Environment Committee

File/N° de fichier:

ACS2009-ICS-PGM-0121

From / Expéditeur

Coordinator, Local Architectural Conservation Advisory Committee

Subject / Objet

Recommendations concerning Regulation of Signs within Designated Heritage Conservation Districts

Date: 22 June 2009

At its meeting on 18 June 2009, the Local Architectural Conservation Advisory Committee (LACAC) considered the staff report concerning Regulation of Signs within Designated Heritage Conservation Districts (ACS2009-ICS-PGM-0121).

The committee received a presentation from Arlene Grégoire, Chief Building Official, who was accompanied by Don Brousseau, Senior Policy Officer, Building Code Services. Ms. Grégoire encouraged the committee to contact staff if it has concerns about signage in certain areas.

The LACAC received the report and approved the staff recommendation that Planning and Environment Committee recommend Council receive this report for information regarding administrative initiatives to ensure sign permit applications within designated heritage conservation districts are in conformity with the City's heritage objectives.

Should you have any questions for the committee, you may direct them though me via email at Melody.Duffenais@ottawa.ca or by calling 613-580-2424 extension 20113.

Melody Duffenais

Attach.

cc: Members of Council

Chair and Members of LACAC

Nancy Schepers, Deputy City Manager, Infrastructure Services and Community Sustainability

Arlene Grégoire, Chief Building Official

Sandra Garnett, Manager, Business Integration Services, Building Code Services Branch