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TWENTY-FIRST MEETING
Monday, December 15, 2008
5:30 p.m.
City Hall, Committee Room #2A & B
1) Approval of the December 1, 2008, 2008 Community Services Minutes.
2) REPORTS: STAFF CONTACT:
a) TS-2008-63
Erwin Crescent Karl Dren
Parking Review
b) MW-2008-74
Sign By-law Final Report Ed Dujlovic
c) R-2008-38
Encroachments and Fencing
Patrick Cummings Memorial Sports Complex Denyse Morrissey
3) NEW BUSINESS:
4) ADJOURNMENT:
~ ~':IN3 CAIVIERA~ ' ~ ~ u:t ~ ~
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a) Resolution to go into Closed Meeting.
, __6~~
Nxagara~c~~Is
MINUTES OF COMMUNITY SERVICES COMMITTEE
Twentieth Meeting, Monday, December 1, 2008, Committee Room 2, 4:00 P.M.
PRESENT: Councillor Carolynn loannoni, Chair; Mayor Ted Salci, Councillors: Jim
Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson
Janice Wing and Victor Pietrangelo
STAFF: Ed Dujlovic, Ken Burden, Serge Felicetti Geoff Holman, Dean lorfida,
Lee Smith, Karl Dren, Denyse Morrissey, John Castrilli, Bob Bolibruck
PRESS: Corey Larocque, Niagara Falls Review
Lori Sherman, Niagara This Week
GUEST: John Kukalis - Niagara Peninsula Conservation Authority, Andy
Henderson (Loose Leaf), Ray Vuksan - Ray's Automotive, John White.
1) Moved on the Order of Councillor Fisher and seconded by Councillor Thomson that
the minutes of the November 3, 2008 meeting be approved.
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
2) REPORTS:
a) PD-2008-107
Information Report, South Niagara Falls Watershed Plan
Moved on the Order of Councillor Wing and seconded by Councillor Kerrio that the
Committee receive this report for information.
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
b) BBS-2008-05
Sign By-law Variance Request
Mountainview Homes - Thundering Waters Village
Moved on the Order of Councillor Thomson and seconded by Mayor Salci that a
variance for a 300 sq. ft. V-board sign be granted for 5-years.
Motion: Carried
Opposed: Councilor Wing
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Action: Recommendation submitted to Council December 1, 2008.
c) R-2008-36
Arena Payment and Cancellation Policy
Moved on the Order of Mayor Salci and seconded by Councillor Diodati;
1) That Council approve the new Arena Payment and Cancellation Policy;
2) That the new Arena Payment and Cancellation Policy becomes effective for the
new arena ice season which commences Jan 1. 2009;
3) That staff coordinate an information meeting with arena user groups and
clients on the new Arena Payment and Cancellation Policy.
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
d) TS-2008-51
Eastwood Crescent - Traffic Operations Review
Moved on the Order of Councillor Kerrio and seconded by Councillor Thomson;
1) That a"No Heavy Vehicle" restriction including "Up to $5,000 Fine" and "No
Buses" tabs be implemented on Eastwood Crescent between Victoria Avenue
and Palmer Avenue;
2) That a"No Heavy Vehicle" restriction including "Up to $5,000 Fine" and "No
Buses" tabs be implemented on the entire length of Ryerson Crescent;
3) That a stop sign be installed facing southbound motorists on Wesley Place at
Eastwood Crescent;
4) That a"no stopping" restriction be installed on the south side of Eastwood
Crescent between Victoria Avenue and a point 30 metres east of Victoria
Avenue; and,
5) That buses be restricted from the metered parking spaces on the east side of
Victoria Avenue between Kincaid Place and Robert Street.
6) That staff review the traffic operations over the next six months and bring a
report back to Committee.
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
e) TS-2008-61
Ray's Auto Sales - Information Report
Moved on the Order of Councillor Thomson and seconded by Mayor Salci that a
second access from First Avenue be granted and that the daylighting triangle be
-3-
reconveyed to the owner of the abutting lands.
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
3) NEW BUSINESS:
a) Moved on the Order of Councillor Wing and seconded by Mayor Salci that
parking enforcement along the east side of Main Street from Robinson Street to
a point 155 metres west of Allendale Avenue be suspended immediately and
that staff bring a report back to Committee.
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
b) Moved on the Order of Councillor Diodati and seconded by Councillor Kerrio
that staff investigate alternatives for Loose Leaf pickup.
Recorded Vote
Councillor loannoni NAYE Mayor Salci AYE
CouncillorThomson NAYE CouncillorMaves AYE
Councillor Wing NAYE Councillor Kerrio AYE
Councillor Fisher NAYE Councillor Pietrangelo AYE
Councillor Diodati AYE
Motion: Carried
Action: Recommendation submitted to Council December 1, 2008.
Moved on the Order of Councillor Maves and seconded by Councillor Diodati that the
regular Community Service Committee be adjourned.
4) IN-CAMERA SESSION
a) Moved on the Order of Councillor Maves and seconded by Councillor
Pietrangelo that Committee move into an In-Camera Session.
December15,2008 TS-2008-63
Niagara~alls
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: TS-2008-63
Erwin Crescent
Parking Review
RECOMMENDATION:
That parking be restricted at all times on the west side of Erwin Crescent and around both
sides of the turning basin.
BACKGROUND:
In reply to parking concerns in the area, staff has conducted a parking review on Erwin
Crescent to determine the most suitable parking control. At this time, on-street parking is
permitted on both sides of Erwin Crescent.
Erwin Crescent is a residential cul-de-sac that extends in a north/south direction between
Corwin Crescent and a southern limit located approximately 225 metres away from Corwin
Crescent. The roadway is 7 metres in width at the straight portion, and 5 metres in width
around the turning basin. The roadway consists of a sidewalk and a boulevard on each
side. A 60-metre wide hydro corridor separates the turning basin from the northern portion
of the crescent. The intersection of Corwin Crescent and Erwin Crescent is controlled by
a stop sign facing northbound motorists on Erwin Crescent.
As part of the parking review, questionnaires were delivered to the area residents
requesting their input regarding the parking control that would most benefit their situation.
The following results were obtained from the parking questionnaires:
Erwin Crescent Parking Review.~
Number of questionnaires delivered: 22
Number of residents that responded: 14 64°/o
Number of residents that did not respond: 8 36%
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December15,2008 _2_ TS-2008-63
Number of responses received: 14
Prefer to maintain the permitted parking: 6 43%
Prefer some form of a parking restriction: 8 57%
Restrict parking on one side: 3
Restrict parking on both sides: 4
Another type of restriction: 1
The majority of respondents preferred some form of a parking restriction. The comments
received from residents also vary, some residents feel as though there is no parking
problem on the street, while others made references to parked vehicles restricting
emergency access. Most households can fit at least three vehicles on their property.
A review of the collision files reveals that there were no reported collisions in the study area
in the previous three-year period. Site investigations did not reveal any visibility concerns.
Parking activity in the area was noted to be minimal. However, given that the road width
within the turning basin is 5 metres while the straight segment has a 7-metre width,
emergency access could be restricted if vehicles were parked on both sides at the straight
portion, or even on one side of the turning basin. Therefore, to ensure emergency access,
Staff is recommending a parking restriction be installed at all times on the west side of
Erwin Crescent and around both sides of the turning basin. The restriction on the west
side is recommended to assist personnel responding to an emergency as they enter Erwin
Crescent. On-street parking will still be available to residents and visitors on the east side
of the roadway.
Recommended by: ~~u~C ~
Karl Dren, Director of Transportation Services
Approved by: ~ ~
Ed Dujlovic, Executive Director of Community Services
Tim Burshtein
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December 15, 2008 MW-2008-74
I~Il~~~~a~alls
cnNnun
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2008-74
Sign By-law Final Report
RECOMMENDATION:
It is recommended that the by-law appearing on tonighYs agenda being a by-law to prohibit
or regulate the placing or erecting of signs, notices and advertising devices on public
property within the City of Niagara Falls be approved.
BACKGROUND:
In May of 2007, Committee deferred report MW-2007-79 Sign By-law (attached) so that
staff could approach the Niagara Parks Commission (NPC) regarding the Niagara Parks
Commission Act with respect to the regulating of signs. The deferral came about as a
result of concerns raised by HOCO regarding the administration ofthe permit process and
in particular time lines and potential conflict of interest since the NPC competes directly
with the private sector. There was also some discussion as to the Niagara Parks Act and
its regulation regarding the requirement for approval from the NPC from signs within 400
meters of their lands.
City staff did approach NPC staff regarding the concerns raised. The responses provided
by verbally and in writing are as follows;
• In regards to competing with the private sector NPC staff indicated that signs will
only be approved which displaythe name orthe name and occupation ofthe owner
of the premises to which it is affixed or the name of the premises, in other words,
no third party signage. For example the NPC will not turn down an application for
a Tim Horton sign on a private sector Tim Horton's building just to eliminate
competition for the NPC Tim Horton's franchise. NPC staff feels that they will apply
the legislation and policies equally to all neighbouring property owners. Any
appeals to the decision of NPC stafF can be brought to the Commission and if need
be to the legal process.
• With respect to time lines, signs within park site lines may be given verbal or written
approvals and signsthat stafffeels that may be somewhat questionableare-brought
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December 15, 2008 - 2- MW-2008-74
before the Commission at their monthly meeting. The review time can run between
a two minute phone call to a month depending on the sign.
• W ith respect to making amendments to the NPC's requirements for approvals from
them for signs within 400 meters, NPC staff are not willing to relinquish the powers
that they have.
Since Council last saw the By-law in May 2007, an additional amendment has been made.
A new section has been inserted, Section 17, with respect to sandwich board signs as
requested by the Downtown BIA and approved by Council.
A copy of the revised by-law has been forwarded to all stakeholders and a request has
been made that they provided comment to staff by December 3, 2008.
The by-law recommended to Council today is the end product of an extensive research and
public consultation. It represents a responsible balancing of competing interest and points
of view that surround the regulation of signs that make use of public realm within the
particular culture and environment of the City of Niagara Falls.
Recommended by: ~ ,
Ed Dujlovic, Executive Director of Community Services
V:\2D08COUNCIL\0812151MW-2008J4 - Sign By-law Final Report.wpd
Attach:
1. see retification:
That the sign by-law be deferred and that staff approach the Niagara Parks Commission regarding the
Niagare Parks Commission Act with respect to the regulating of signs.
Councillor Carolynn loannoni, Chair ~
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW~}-2Q07-79
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RECOMMENDATION:
That the by-law appearing on tonight's agenda, being a by-law to prohibit or regulate the
placing or erecting of signs, notices and advertising de~ises on public property within the
Cify of Niagara Falls, be approved.
BACKGROUND:
As Council is aware, City staff has undertaken a review of the current City ~Eg~ ~3~ 1~sN as
it did not adequately address current sign issues and needs. The executive summary by
the MBTW Group (attached) provides a synopsis of the purpose of the study and the
guiding principals which resulted in the new recommendations being made.
As a result City staff undertook a review of the recommendations and developed the Draft
~~~#r~ ~y t~v~', Although the recommendations contained in the study were based on the
needs as perceived by the Consultant, City staff did not implement all the
recommendations as, after considerable public consuitation, they felt it did not best
represent the needs of the City as a whole.
Public Participation
Following the compietion of the Draft ~i~~ ~yw(~yt; a series of public meetings was held
with various stakeholders which included Industry Representatives on March 21, 2006,
BIA's and the Business Community on March 29, 2006, and a general public meeting was
advertised in the newspaper on March 30, 2Q06. At these meetings, it was indicated that
additional comments could be provided to the Gity and the cut off date was to be April 30,
2006. As the City had not heard from a number of stakeholders, an additional letter was
sent out on October 13, 2008 requesting addifional comments. Subsequently, additional
comments were received and additional meetings held wifh stakeholders. 3n order to
ensure that ail relevant comments wifh respect to the by-law were received, an additional
mailing was done in January F407 with a copy of the proposed draft t~y,R~ and once
again requesting commerrts €rom the stakeholders. Subsequently, addi '
were held early m the-~~~3c`wvith ~arious stakeholders with respect to the D ft 5~~~7 ~y;1~~:
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July 9, 200T - 2- MW2007-79
As can be seen, there have been various opportunities for the stakeholders to provide
input into the devefopment of the proposed sign by-law.
Generally, the comments received were positive with respect to the proposed changes and
the efforts to control the proliferation of signs within the City of Niagara Falis. Comments
were received from the public and some of the BIA representatives as to the ability to
remove signs that had been previously approved. It was indicated as per secti~n 99 of the
Municipa! Act 2001, Advertising Devices, the new by-law will not apply to signs Iawfully
displayed on the day the new by-law comes into force.
In order to satisfy the concerns raised by the Niagara Parks Commission with respect to
signage near the park, sign applicants will now be required to obtain approval from other
regulating authorities prior to the City issuing a sign permit. 7his provision wiii satisfy the
Niagara Farks Act, section 22(1)(f~, "the Commissiort, with the approval of the Lieutenant
Governor and Council, may make regufations prohibiting or licencing, regulating and
governing the erection, posting up orother display of notices, signs, sign boards and other
advertising devices within the Parks or within 40~ m's of any part thereof."
The next area of major concern that was identified was the praposal to limit the portable
signs to only new businesses far a 30-day period. As a result of discussions with a
representative of the Portable 5ign Industry a compromised position was reached wherein
a portable sign would be allowed four times a year at 30 day intervals for each business
located on a property.
Finally, there were a number of minor wording changes and clarifications made to the
proposed by-law.
Thefollowing is a summaryof the significant changes being made in the proposed sign by-
law:
Banners
Banners are not currently covered in the existing sign by-law. It is proposed that there be
two per pole with a maximum area of 2.5 m2 and a clearance of 2.5 m.
Bench Signs
Under the existing by-law they are restricted to private property and only allowed in
commercial, tourist commercial and industrial zoned areas. It is proposed that be
prohibited, as they do not improve the aesthetics of the streetscape. Existing bench signs
will be grandfathered in. As well, there are few suitable locations for new bench signs.
Canopy Signs
Increasing clearance from sidewalkto bottom ofthe canopy from 2.45 m to 2.7 m, as itwas
identified that clearance height restrictions in the existing by-law may be too low.
Readograph Sign
Not covered in the existing by-law. The new by-law provides definition and regulations
regarding this type of sign.
Projected Images
Not covered in the existing by-iaw. The new by-law provides definition and regulations
regarding this type of.sign.
' July 9, 2007 - 3- MW-2007•79
Billboards
Existin Pro~osed
Size Min. 21 m2 Min. 18 m2
Max. 70 mZ Max. 70 mZ
Location Restcicted in residential Allowed in Major
& lnstitutional zones Commercialllndustri
al, Good General
Agricultural & Rural
Agricultural
Not permitted within
Central Business &
Chippawa Districts
Separation between Biliboards None 300 m
Distance from Residential, 62 m 90 m
parks and historic sites
" An illumination and visual impact study will be required. The number of billboards will be
capped by the o~cial population divided by 625. Only 10 new billboards a year are
allowed subject to the above cap. The official population is 82,124 thus allowing for 131
billboards. There are approximately 135 billboards in the City. Accordingly, as per the
proposed by-law no additional billboards would be allowed without Council approval.
Ground Signs
New categories have been created for ground signs that include pylon signs, monument
signs and general ground signs. Definitions for the sign types are found in the proposed
by-law. NewheightlimitshavebeenestablishedforthegroundsignsforthedifFerenttypes
and the areas that they are located in.
The maximum height for pylon signs has been increased form 7.62 m to 9.0 m and to be
restricted in the Central Business District (CBD) (schedule A). Heights were increased
because many ground signs were set too low, obstructing views of vehicu[ar and
pedestrian traffic. Restriction to the CBD was in keep+ng with the ConsultanYs guiding
principle that signage should be in keeping with the image of a districYs streetscape.
Maximum Area Ground Signs Proposed
Proposed
Lot Frontacte Existina Chippawa(1) A!I dther
23 m or less 4.6 m2 4.6 m2 4.6 mZ
23mto30m 7.Om2 4.6mz 7.Om2
30 m less than 46 m 9.3 mz 4.6mZ 9.3 mz
Over 46 m 4.6 m2 18.6 mZ(2)
(1} Pylon Signs Restricted
(2} Pylan Signs 23.0 m2
July 9, 2007 - 4- MW-2007-79
Wall Signs
New categories have been created. This includes murals, awnings and lago signs. Under
the existing by-law the maximum area for a wall sign is 25% of the building face to a
maximum area of 14 m2. A larger sign, subject to Council approval, could be applied for
if the wall has an area greater than 112 m2. It is proposed that the maximum area be 25%
of the wall area with a maximum in the Chippawa District of 9.3 m2. An increase in wall
sign area in Chippawa would be contrary to the historic, viliage nature of the area. An
awning sign will have a maximum length of 10 m with a maximum of 25% for a sign. A
logo sign is to have a maximum area of 10% of the wafl area of the upper most storey.
Roaf Signs
Under the existing by-law a roof sign had a maximum length of 30.5 m with a maximum
height of 4.6 m for a maximum area of 139.4 mz. It is proposed that the maximum area be
20 m2. Roof signs will be restricted tothe Clifton Hill District (scheduleA). Roofsign usage
should not be permitted in districts endeavouring to be more pedestrian-oriented ordistricts
that have a quaint, residential or village character. In addition a visual impacf and
illumination study is required. The definition of a roof sing has been modified in that it has
to be entirely or partly supported by the roof and not appear as a separate structure.
Portable Signs Existina Proposed
Number 1 per business 1 per 15m frontage
Inflatable 14 days 3u/year Not Allowed
Per business
Time Limit None 30 days four times a
year per business
iliumination Yes No
On Vehicle or Trailer N/A iV o t a I I o w e d i f
parked or located so
that the primary
purpose is to display
the sign
Separation Distance None 15 m
Varlances & Amendments
Under the existing sign by-law, afl variances and amendments were required to go #o
Counc9l for approval. It is proposed under the new sign by-law that Council delegate the
authorityto grant minorvariances to the Director of Planning & Development. Section 17.9
and 17.10 describe the tests that are to be used by the Director in determining whether a
minor variance will be granted to the app~icant. It should also be noted that as part of the
variance process all property owners within 60 meters of the subject sign wili be notified
of the proposed minor variance.
In the event that a variance is not granted or where a proposed sign is not permitted by this
by-law, the applicant will make an application for an amendment to the by-law which wilf
be considered by Council, as outlined in section 18 of the by-law. It should be noted that
in this instance all property owners within 120 meters of the subject siqn wifl be notified of
July 9, 2007 - 5- MW-2007-78
Summary
The by-law recommended to Council today is the end product of extensive research and
public consultation. Staff submit that it represents a reasonabie balancing of the
competing interest and points of view that surround the regulation of signs that make use
of the public realm within the particular culfure and environment of the City of Niagara
Falis. ~
Recommended by:
~Ed D' vi , Executive Director of Community Services
Respectfully submitted: ~ ~
Joh acDonald, Chief Ad nistrative Officer
V:12007COUNCIL10707091MW-2007-79 - Sign By-law - FinaE Report.wpd
p
Executive Summary
The City of Niagara Falls vision to create a truly worid-Gass fourist destination is a multi-layered
challenge whereby ail layers of the streetscape must work together to create a unique and las#ing image.
This report recognizes the importance of signage and its need to harmonize with the city landscape, be
unique, heauti#ul and communicate information easily and effectively.
The adopUon of the Niagara Fails Tourist Area Development Strategy, June 1998 and the City of Niagara
Falls Streetscape Master Plan, October 2001 (refer to Appendix C) into the Official Plan demonstrates the
Clty's commifinent to improving the state of its streetscapes.
As part of the streetscape Improvement task, the City has determined that the current sign bylaw may no
ionger respond appropriately to current issues. The City of Niagara Falls Council has initiated a review of
its existing sign bylaw No. 6661, 1964.
The purpose of the City of Niagara Fafls sign bylaw review is to:
¦ Evaluate the City's current sign bylaw in terms of effectiveness and appropriateness as it reiates to
the newly determined City Usion
¦ To determfne how types of signs in the City should be regulated in height, size, appearance and
location
e To develop a new sign bylaw that is consistent with the Official Plan and streeiscape objectives
¦ To develop a new sign bylaw that is enforceable
¦ To develop a new sign bylaw that satisfies the stakehniders expectations
The bylaw review presents an analysis of the current sign issues in the City of Niagara Falls and
recommends a new approach for regulating signs in the Cfty. A district specific hylaw is the essence of
il
this new approach. One comprehensive district specific bylaw is to replace the City's current, non-specific
bylaw
The districts that are to be speciFicaliy addressed in new sign bylaw are as foilows:
1. Fallsview District
2. Clifton Hill Tourist District
3. Lundy's Lane and Whirlpool Tourist District
4. Chippawa Tourist District
5. River Road Tourist District
6. Commercial Districts
Niagara Square
Morrison Dorchester
Stam(ord
Cenhal 8usfiess Distrlct
Mount Carme! Cenfre
Main and Ferry
Victoria Avenue
7. Industrial Districts
General Guiding Principles forthe Bylaw Review Recommendetions are as follows:
¦ Recognize that signage is a parE of the landscape and an amenity of the streetscape
¦ Create a signage approach to help visitors feel the complete spirit of Niagara Fafis and to
lll
communicate an image appropriate for each of its unique Districts
¦ Provide direction whereby ail streetscape elements express the unique~ess of each District and
at the same time harmonize with the existing atmosphere
¦ Acknowledge that signage has tf~e opportunity to convey fhe tourism theme and information as
well as act as a means to stimulate exchanges, meetings and interactions on the street
¦ Preserve views of the City and of the naturai landscape
¦ Establish visual priorities and appropriate rules of order to maintain the quality of the streetscape
as the focus of visual attention.
¦ Define appropriate signage for the various districts with limitations to types and pertormance
standards.
¦ Create a cohesive sfgnage system that reinforces each districYs own vitality and diversity, pulling
together afl the messages of the District into a cohesive story
r Provide, enliven and enhance streetscapa quality, adding colour, continuity, animation and
warmth
r Follow the principle of simplicity "Less - but good - is more"
¦ ~emdnstrate design excellence through the engagement of professional designers and engineers
in signage design.
¦ Commit to long term implementation plan and maintenance
The bylaw recommendations cover a broad spectrum of general and specific amendments to the current
bylaw regulations for signs. Some standards have been eliminated and others have been adjusted to
respond more appropriately and effectively to the streetscape objectives. The signage revfew makes
specific recommendations to both existing sign types as well as the introduction of new sign initiatives for
consideration and implementation into the new sign byiaw. Implementation is anticipated to 6e a long
term objective which will need to be commitfed to and monitored.
The review of the City of Niagara Falis bylaw has determined that a comprehensive district specific bylaw
is required to soiidify the City's commitment to improving the state oP its signage and the streetscape in a
holistic manner.
This report concludes with a summary of the guiding principles and the bylaw recommendations. The new
sign bylaw for the City of Niagara Felis is attached as Appendix A.
CITY OF NIAGARA FALLS
By-law No. 2008-
A by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising
devices on public and private property within tlie City of Niagara Falls.
WHEREAS ~mder section 8 and section 11(1) of the Muntcipal Act, 2001, R.S.O. 2001, c. 25, a
municipal corporation has the powers of a natural person including by-law making po~vers respecting
signs.
AND WHEREAS under s. 99 of the Mimrcipal Act, 200J, R.S.O. 2001, c. 25 rules are prescribed
applicable to the by-law making powers respecting advertising devices including signs.
AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation
including p~iblic meeCings aiid direct cons~iltations with representatives of the business cotnmunity
and sign industry.
AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the
City for purposes of public safety and public aesthetics.
AND WHEREAS lhe Official Plan and related polieies of the City of Niagara Falls includes
provisions concemiug signs.
NOW THEREFORE THE COUNCIL OF TAE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1.0 TITLE
This By-law shall be knowi~ and cited as thc "Sigu By-law.°
Z.0 DEFINITIONS
The followina definitions shall apply for the puiposes of this By-law:
2.] "Advertisi~g device" meai~s any device or object erected or located so as to aCYract
public attention to any goods or services or facilities or events and includes flags,
banners, pennants aild lights.
2.2 "Awning" means a fabric over frame structure that projects froin the exterior wall
of a building that provides shade or other weather proteclion.
2.3 "Awning sign" means a sign that is marked or inscribed upon or within the fabric
of an a~vning.
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2.4 `Banner" means a sign or advertising device made from cloth, plastic or a similar
lighhveight non-rigid material erected upon or supported by one (1) or more poles
and includes a flag, pennant or other similar device.
2.5 `Bench sign" means a sign painted on or attached Yo a bench.
2.6 `Billboard" means a permanent outdoor sign erected and maintained by a person,
company, or business engaged in the sale or rental of the sign or the use of the sign
to a clientele.
2.7 "Building face" means an exterior wall of a building.
2.8 "CanoPy" means a permanent, rigid, roof-like structure that is attaehed to and
sLipporCed by Yhe exterior wall of a building and may be supported from the ground.
29 "Canopy sign" means a sign attached to, marked or inscribed on a canopy.
2.10 "Chief Building OfficiaP' shall mean Che person and/or his designate, so appointed
by Council pi~rsuant to the Building Code Act.
2.11 "City" means The CorporaYion of the City of Niagara Falls.
212 "Community bulletin board" means a bulletin board designated by the City upon
which a poster may be placed by members of the public.
2.13 "Couucil" means the Council of The Coiporation of the City of Niagara Falls.
2.14 "Directional sign" means a free-standing sign that gives directions or instructions
for the control of vehicular or pedestrian traffic on a property.
2.15 "Directory sign" means a sign listing the tenants of a building containing at least
two (2) distinct tenant units and that displays only the naine and address of Yhe
tenants or occupancies for identification purposes.
2.16 "Electronic sign" means a sign that is electronically controlled and displays
inforn~ation or aCYracts attention by means of animation, intermittent flashing or
blinking of light, an electronic screen or LED display and includes an electronic
readograph.
217 "Fascia sign" means a sign attached to, marked or inscribed on, erected or placed
against a wall forming part of a Uuilding on a plane at any angle greater or less than
ninety degrees to the plane of the building's wall.
2.18 "General ground sign" means a ground sign supported by the ground with a
maximum vertical clearance of 0.75 metres between grade and the base of the sign.
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2.19 "Grade" means the average surface elevation ofthe finished ground below a sign or
the point where the groLmd is in contact with any sign, building, or other structure.
2.20 "Ground sign" means a sign directly supported by one (1) or more uprights, poles
or braces or located on a structural base placed in or upon the ground and includes
a pylon sign.
2.21 "Illumination study" shall mean a study completed by a qualified professional that
examines the impact of the illumination from a sign on adj acent areas and properties.
2.22 `4nformation sign" means a sign installed for public safety or convenience
regulating on premises traffic, parking or a sign denoting sections of a building and
displaying no comntercial advertising.
2.23 "Logo sign" means a sign attached Yo the wall of a building and located at the
uppennost storey of a building and consisting solely of a graphic, corporate symbol
or trademark used to identify a particular building or premise or a parCicular occupant
of a building.
2.24 "LoY' means aparcel ofland fronting onto a street, which may be described by meCes
and bounds in a registered deed or be shown in a registered plan of subdivision.
Contiguous lots in common ownership and occupied by a single building shall be
deemed to be a single lot for the purpose of this By-law.
2.25 "Mansard root" means a roof having two (2) slopes on all sides with the lower
slope at an angle of not less than 60 degrees and steeper than the upper slope.
2.26 "Murad" means aily type of display or artistic endeavour applied as paint, fihn or
other covering to an external wall or other integral part of a buildit~g or structure
which may include words or advertisement or other promotioi~al message or content,
including logos or trademarks.
2.27 "Official population" means the total number of residents of the City of Niagara
Falls as determined by the most recent population ceivsus completed by the
Government of Canada.
2.28 "Official Sign" means a sign erected by a public authority for the purposes of that
public authority.
2.29 "Owner" means the registered owner of the premises on which a sign is located or
is proposed to be located.
2.30 "Park" means any publicly owned or publicly controlled land that is used or
intended to be used for outdoor recreation, green space or as a natural buffer.
2.31 "Person" means an individual, finn, corporation, association or partnership.
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2.32 "Portable sign" means a sign not permanently anchored to the ground or attached
to a building and designed in a manner as to be capable of being moved from place
to place. Without limiting the generality of the foregoing, Yhis definition shall
include a mobile sign, sandwich board sign, A-frame sign, and inflatable sign.
233 "Poster" means a printed notice conveying infonnaCion intended to be displayed for
a temporary period of time and includes but is not limited to a bill, bulletin, handbill,
leaflet, notice and placard.
2.34 "Premises" means a lot and includes all buildings and structures thereon.
2.35 "Projected image sign" means a sign which consists of ui image projected onto a
wall, sidewalk or other surface.
2.36 "Projecting sign" means a sign attached to a building and projecting ouY horizontally
at a right angle to a building for a distance greater than 0.6 metres but not more Chan
3.0 metres.
2.37 "Property line" means the boundary of a lot.
238 "Public property" means property, land or a building owned by the City, The
Regional Municipality of Niagara, Province of Ontario, Government of Canada, or
a]ocal board as defiiied in the Municipal Affairs Act, as amended.
239 "Pylon sign" means a ground sign witb a minimum vertical clearance of2.7 metres
between the grade and Yhe lowest part of the sign face.
2.40 `Beadograph" means a part of a permanent sign composed of changeable letters
which is designed or constructed to convey a temporary message and which is
designed or constructed so that the message conveyed on the readograph may be
changed mechanically or as part of an electronic display.
2.41 "Region" means The Regional Municipality of Niagara.
2.42 "Regulation" means, unless Yhe context indicates a reference to provincial or federal
regulations, any standard, rule, requirement or prohibition set out in this by-law.
2.43 "Residential land use" means the Lise ofland, buildings or structures exclusively for
human habitation.
2.44 "Roof sign" means a sign supported entirely or partly by the roof of a building or
structure and projects above the roof and parapet and shall not include a sign painted
onto a roof.
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2.45 "Sign" means any surface, structure and other component parts, which are used or
capable of being used as a visual medium or display to attract attention to a specific
subject matter for identification, information, or advertising purposes and includes
an advertising device or notice.
2.46 "Sign area" means the tota] area of the surface of every face of a sign including the
border or fi-ame, together with any material forming an integral part of the
background of the display or used to differentiate the sign from the backdrop or
building against which it is erected. Where there is no border or the sign is
composed of individually installed letters, numerals, or shapes, the sign area shall
include all of the area of the smallest rectilinear outline that uses the least number of
harizonYal and vertical lines to enclose the grouping of letters, numerals, or shapes.
2.47 "Sign District" means an area defined by the City for the puipose of prohibiting ar
regLilatii~g the placing or erecting of signs, noCices, and advertising devices.
2.48 "Sign face" means that portion of a sign upon which or through which the message
of the sign is displayed.
2.49 "Sign uniformity plan" means drawings and specifications approved by the City
showiiig the arrangement of all wall signs erected and to be erected on a building or
premises containing more than one (1) occupancy, and providing details of the type,
character, height, aild design of the signs in relation to the architectura] features of
the building.
2.50 "Street" means any highway as defined in the Mtimicipal Act, 2001.
2.51 "Streetline" means and is the property line beYween a lot and a sYreet.
2.52 "Temporary sign" means a sign anchored to the ground but erected for a limited
peiiod oftime. Without limiting the generaliry ofthe foregoing, this definirion shall
include a real estate sign, eonstruction sign, election sign, sale banner, and new
development sign.
2.53 "Visual impact study" means a study that demonstrates through graphics and other
means, the expected visual appearance a sign will have at its proposed locations
within its surroundings as viewed fi~om relevant vantage points.
2.54 "Wall sign" means a sign attached Yo ar erected or placed against a wall forming part
of a building, or supported by ar through a wall of a building and having the exposed
face thereof on a plane approximately parallel to the plane of such wall and includes
awning signs, fascia signs, logo signs and murads.
2.55 "Window sign" means a sign posted, painted, or affixed in or on a window exposed
to public view, and shall include an interior sign that faces a window exposed to
public view and locaYed within 1 metre of a window.
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I. ADMINISTRATION
3.0 ADMINISTRATION
3.1 Interpretation
3.1.1 Words importing the singular number or the mascLiline gender only shall
include more persons, parties or things of the same kind than one, and
females as well as males and the converse.
3.1.2 The Chief Building Official or his designate shall determine the type of
sign that any particular sign is and his determination of this issue shall be
final.
3.2 Administration
3.2.1 The Chief Building Of~cial and/or his designate shall be responsible for
the administraYion of this By-law.
3.3 Permits
33.1 Except for signs referred to in section 3.5.1, no person shall erect, display
or maintain a sign on private property unless a permit is obtained under the
provisions of this By-law prior to the erection for that sign.
33.2 All signs shall conform to the provisions of this By-law.
3.3.3 A permit shall be refused if the proposed sign does not comply with this or
any other By-law of the City or Region, or Provincial or Federal stahiYe,
regulation or approval.
3.3.4 (1) A permit issued by the City for a sign shall expire six months from
the date of issuance unless the sign is erected for iCs intended purpose.
(2) In the event that an application is made to exYend the six month
period refened to in subsection 3.3.4(1) above, prior to the expiration
of that six month period Che time to erect the sign may be extended
for a further six months by the Chief Building Official.
(3) A permit may only be extended once.
3.3.5 When a sign is removed, the pennit issued for that sign shall be deemed to
Ue revaked.
3.3.6 The City may revoke a permit under the following circumstances:
(a) The City issued the permit in error, or
(b) The sign does not confom7 to Chis By-law, the Ontario Building Code,
or any other applicable regulaCion or legislation or approval, or
(c) The permit has been issLied as the result of false, mistaken, incorrect,
or misleading statements, information, or undertakings on the
application, plans, drawings, sketches and other documents submitted
with the application, or
(d) The sign is causing, will eause or is contribtiiting or will contribute to
a hazardous condition.
3.3.7 If a building permit is issued for a sign that ULiilding permit is deemed to
be a sign permit for the purposes of this By-law.
3.4 Application for Permit
3.4.1 The applicant for a permit shall be the owner ofthe property or building on
which the sign is to be erected or the authorized agent of the owner.
3.4.2 The applicant shall file with the City an application for a permit on the
prescribed form.
3.4.3 The applicant for a permiY shall provide to the City:
(a) A completed application in the form prescribed by the City;
(b) The written authorization of the owner where the applicant is not the
owner of the properYy or building where the sign is to be erected;
(c) A drawing showing the location and dimensions of all existing and
proposed signs, and identifying the materials of which the proposed
sign is to be constructed;
(d) A site plan showing the location of the sign in relationship to other
buildings and structures, the street, and the boundaries of the
property upon which the sign is proposed to be erected;
(e) Sufficient information for the Chief Building Official to determine
that the sign has been desigt~ed and will be constructed it~ compliance
with the applicable structural and fire prevention pxovisions of the
Ontario Building Code.
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3.4.4 An application for a fascia sign for a building or property containing more
than one (1) occupancy or tenant shall include a sign uniformiYy plan
where signs are proposed for more than one (1) occupancy or teilant.
3.4.5 Priar to applying to the City for a permit, the applicant shall obtain
approval for the proposed sign, if required, from any other governmental
authority having jurisdiction over the sign.
3.4.6 Notwithstanding section 3.4.5 above, in the case of a sign subject to the
j~irisdiction of Niagara Parks Commissioil, the approval of the Niagara
Parks Commission may be obtained after Yhe application has been made.
3.4.7 Notwithstanding section 3.4.5 if the Chief Building Official believes
unreasonable delays in the process would occur he may issue a conditional
sign peimit following as closely as possible the rules and procedures of the
Building Code Act, 1992, S.O. 1992, c. 23 , anyreplacement legislation of
that AcY and any regulations promulgated pursuant to that Act or
replacement legislation for the issuance of Conditional Building Pennits.
3.4.8 Fees payable at the time of the application shall be in accordance with the
permit fee structure adopted by the City and shall be paid priar to the City
accepting any sign permit application for processing.
3.5 Signs for Which a Permit is Not Required
3.51 No permit is required for the following Cypes of signs:
(a) Official signs or signs pertaining exclusively to public safety;
(b) Flags of corporations, ilations, educational or religious organizations
provided not more than three (3) flags are located at one (1)
premises;
(c) A poster affxed to a community bulletin board in accordance with
the provisions of this By-law;
(d) A sign containing the name and address of a resident or occupant,
provided the sign is not more than 0.2 square meh~es in sign area and
does not include a~~y commercial advertising for a residential land
use of less than six (6) dwelling units;
(e) A sign containing the name and address of the building, provided the
sign is not more than 2.4 square metres in sign area and doas not
include any commercial advertising for a residential land use of six
(6) ar more dwelling units;
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Informatiou signs not more than 0.4 square metres in sign area;
(g) Real estate signs not more than 0.5 square metres in sign area in a
residential zone and 2.0 square metres in all other areas. Such real
esYate sign shall be removed within 14 days after the date of closure
of an offer ofpurchase or lease of the premises;
(h) A window sign on the first storey of a building occupied by a
commercial use provided the window sign is not more than 20% of
each windo~v section or pane;
(i) Directional sign noY more than 0.5 square metres in sign area and
1.2 metres in height;
(j) An open house directional sign;
(k) A Construction sign not more than 5.0 square metres in sign area and
to be removed within 30 days of the construction being completed or
discontinued;
(1) A sign for a contractor undertaking landscaping, home repairs or
renovations, provided such sign is erected no more than two (2) days
priar to the commencement of the project and is removed from the
property immediately after the project is completed;
(m) A garage sale sign or a sign advertising a lost pet
(n) Election signs.
3.6 Prohibited Signs
3.6.1 Any sign not expressly pern~itted by this By-law is prohibited and without
limiting the generality of the foregoing, the following signs are specifically
prohibited:
(a) A sign located on or over public property;
(b) Bench sign;
(c) A sign located so as Yo obstruct the view of anypedesCrian or motorist
so as to cause an unsafe condition;
(d) A sign attached to or displayed on a vehicle or trailer whicl~ is parked
or located for the primary purpose of displaying the sign or
advertisement;
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(e) A sign which obstructs or is located in a parking space that is
reyiiired to enable fhe premises upon which the portable or
temporary sign is located to comply with the requirements of a City
of Niagara Falls Zoning By-law;
( fl A sign located in a daylight triangle;
(g) An inflatable sign;
(h) No sign located wiChin 30 meh~es of an intersection shall contain any
green or red lettering or graphics that are illuminated or flashing;
(i) Any sign which violates in any way any statute, regulation or by-law
of the Govemment of Canada, the,Province of Ontario, the Region or
the City.
4.0 GENERAL PROVISIONS
4.1 No sign shall be located so as to obstruct the view of the movement of tra£fc or
pedestrians upon any street or railway crossivg to persons using ar seeking to use
the street ar railway crossing or of the view of any traff c signal located on or near
the street, lane, highway or railway crossing.
4.2 Except where oYherwise pern~itted, no sign shall be fixed, attached to or painted onto
a fence, board, tree, transit shelter, splash guard, safety or guard rail, Litility pole,
street furniture, trash or recycling bin.
4.3 The owner of the premises upon which any sign is located, shall be responsible for
every aspect of any sign on that premises and, without limiting the generality of Yhe
foregoing, shall obtain any licence required far the sign and maintain the sign in a
proper state of repair to prevent the sign becoming unsafe, unsightly or dangerous.
4.4 No sign shall be located within 1.5 metres of an adjacent lot.
4.5 Any external lighting used to illuminate a sign shall be arranged to not direct light
onCo an adjacent street or premises.
4.6 Except as provided for in clauses (d) and (e) of section 3.5.1 and section 15 of this
By-law no sign is permitted on a residential land use.
4.7 A sign must be located or displayed at a location where that type of sign is permitted
and must comply with the regulation applicable Co that type of sign in that location.
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4.8 It is the express intent of Council that this by-law is not to be interpreted so as to
grant rights to persons that they would not l~ave enjoyed but for Yhe passage of this
by-law.
49 The onus of demonstrating that a sign is not subject to the provisions of this by-law
shall be upon the owner of lhat sign.
II. SIGNS PERMITTED BY DISTRICT
5.0 SIGN DI5TRICT5
51 (1) For the purposes of this By-law, Che following Sign Districts shown in
Schedule "A" are hereby established for the regulation of signs in the
City: Downtown Dishict, Fallsview District, Clifton Hill District, Lundy's
Lane District, Whirlpool District, ChippawaDistrict, CommercialDistrict,
and Industrial District.
(2) The types of signs permitted in each district shall be as set out in Tables 1
and 2.
(3) Where a type of sign is permitted, it shall be subject to the regulations
relating to thaY Cype of sign.
(4) In addition to the regulations described in subsection 5.1(3) a sign shall
be subject to any special regulations that apply to thaY type of sign in the
Sign District where the sign is located.
5.2 (1) Those areas of the CiCy that are not within a Sign District listed above in
Article 51(1) and that are zoned any Neighbourhood Commercial
designation pursuanY Co By-law No. 79-200 as amended are designated
Nei~hbourhood CommercialSignDisYrictforthepLirposesofthisBy-law.
(2) Those areas ofthe City that are not within a Sign District listed above in
Article 51(1) and thaY are zoned any Commercial designation other than a
Neighbourhood Commercial designation pursuant to By-law No. 79-200 as
amended that are designated Commercial/Industrial Sign District for tl~e
purposes of tl~is By-law.
(3) Those areas of Yhe City that are not within a Sign District listed above in
Article 5.1(1) and zoned any Industrial designation pursuant to By-law No.
79-200 as amended that are designated Commercial/Industrial Sign District
for the purposes of this By-la~~.
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Table 1
Sign Districts
Column 1 Column 2
Sign Type
Fallsview Clifton Hill Downtown
Ground Signs P lon Si n Yes Yes No
General Yes Yes Yes
Wall Signs Fascia Sign Yes Yes Yes
Murad Yes Yes No
Awning Sign Yes Yes Yes
Logo Sign Yes Yes Yes
Roof Sign No Yes No
Projecting Sign Yes Yes Yes
Canopy Sign Yes Yes Yes
Billboard see section 11.0
Portable Sign No No Sandwich Board
Signs - Yes
All other
Portable Signs -
No
Temporary Sign No No No
Banner Yes Yes No
Electronic Sign Yes Yes No
Projected Above Ground Yes Yes No
Image Signs
On Ground Yes Yes No
Readograph Yes Yes Yes
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Table 2
Sign Districts
Column 1 Column 2
5ign Type
L~ndy's Lane Whirlpool Chippawa
Ground Signs Pylon Sign Yes Yes No
General Ground Yes Yes Yes
Wall Signs Fascia Sign Yes Yes Yes
Murad Yes Yes Yes
Awning Sign Yes Yes Yes
Logo Sign Yes Yes Yes
Roof Sign No No No
Projecting Sign Yes Yes Yes
Canopy Sign Yes Yes Yes
Billboard see section ll.0
Portable Sign Yes Yes No
Temporary Sign No No Yes
Ba~uier Yes Yes Yes
Readograph Sign Yes Yes No
Projected Image Above Ground Yes Yes No
Signs
On Ground Yes Yes No
Electronic Sign Yes Yes No
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Table 3
Sigu Districts
Column 1 Column 2
Sign Type Neighbourhood CommerciaUIndustrial
Ground Signs Pylon Sign No Yes
General Ground Yes Yes
Wall Signs Fascia Sign Yes Yes
Murad Yes Yes
Awning Sign Yes Yes
Logo Sign No Yes
Roof Sign No No
ProjecCing Sign Yes Yes
Canopy Sign Yes Yes
Billboard see section 11.0
Portable Sign Yes Yes
Temporary Sign No Yes
Banner No Yes
Readograph Sign No Yes
Projected Image Above Ground No Yes
Signs
On Ground No Yes
Electronic Sign No Yes
53 In the Downtown Sign District the following regulations apply in addition to those
set out in Tables 1 and 2:
(a) a fascia sign shall be located wiYhin tl~e horizontal band which divides the
store front widows from the upper facade;
(b) a sign in the Downtown Sign DistricY shall not be intemally illuminated.
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III. THE REGUI.ATIONS
The regulations specific to each type of sign are as follows.
6.0 GROUND SIGNS
A ground sign shall confonn to the following regulations:
6.1 Ground Signs
General ground signs and pylon signs must comply.
61.1 One (1) ground sign may be located along a street frontage for each 45
metres of street frontage.
6.1.2 No more than two (2) ground signs may be located on the street frontage
of a property.
6.1.3 No ground sign shall be located closer than 30 metres to any other ground
sign on the same property.
6.1.4 The maximum total sign area for all ground signs on a street frontage
shall be as set out in Table 4.
Table 4
Maximum Area Ground Signs
Lot Frmrtage Sign Districts
Chippawa All Other Sign Districts
23 meters or less - 4.6 sq. m
23 meters to 30 meters - 7.0 sq. m
Over 30 meters but less - 9.3 sq. m
than 46 meters
OVCY 46 m¢tCl'S _ General Ground Signs : 18.6 sq. m
Pylon Sign: 23.0 sq. m
All frontages 4.6 sq. m -
6.1.5 The maximum sign area for all ground signs on a property shall include
the area of all permiCYed directional signs.
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6.1.6 Everygroundsignshalldisplaythemunicipaladdressofthepropertyupon
which the sign is ]ocated in numerals that are a minimum height of 150
millimetres.
6.1.7 No part of a ground sign shall be located wiYhin 1.5 metres of a streetline
or public sidewallc.
6.1.8 The maximum height of a ground sign other than a pylon sign shall be 2.4
metres.
6.2 Pylon Signs
A pylon sign shall conform to the following regulaCions:
6.2.1 A pylon sign shall be erected on a property wiCh a minimum street
frontage of 30 metres.
6.2.2 A pylon sign shall not be erected on a street frontage of a lot that is less
than 30 metres.
6.23 There shall Ue no more than one (1) pylon sign erected on any frontage of
any lot.
6.2A Notwithstanding Table 3, a pylon sign shall not be erected in the Main and
Ferry District as shown on Schedule "A" of this By-law.
6.2.5 The maximum height of a pylon sign shall be 9 metres.
6.2.6 A~ylon sign shall have and maintain an minimum vertical clearance of 2.7
metres between the grade and the lowest part of the sign face.
7.0 WALL SIGNS
7.1 Fascia Signs
A fascia sign shall confoizn to the following regulations:
7.1.1 No fascia sign shall cover or project into any window, door, or other
opening on a building face.
71.2 A fascia sign mayproject amaximum of015 metres from a building face
over the streetline.
7.1.3 A fascia sign projecYing .08 metres or more from a building face shall be
a minimum of 2.70 metres above grade.
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71A The upper lin~it of a fascia sign shall not project above the roofline or
parapeY of a building,
71.5 No fascia sign shall be attached to a mansard roof.
71.6 The maximum aggregate area of all fascia signs on any one (1) building
face shall be 25% of the area of the building face to which it is attached.
7.1.7 Notwithstanding sub-section 7.1.6 the maximum area of all facia signs on
any one (1) building face wiYhin Yhe Chippawa District shall be 93 square
metres.
7.1.8 Where a premises has a single occupancy no more than one (1) fascia sign
shall be attached to each building face.
71.9 Where two (2) or more fascia signs are attached to a building, the signs
shall maintain a uniform band of signage along the building face defined
by locating all signage on the building face in a manner that maintains a
consistent horizontal alignment and vertical height.
7.110 In the case of a building containing multiple occupancies or tenants, a
maximum of one (1) fascia sign shall be permitted for each tenant or
occupancy provided the maximum total sign area permitted for fascia
signs is not exceeded.
7111 One (1) fascia directory sign shall be permitted on any building and shall
be included in the total maximum sign area for fascia sigus.
7.2 Murads Signs
A murad sign shall conform to the £ollowing regulations:
7.2.1 The maximum area of a murad sign shall be 25% of the area ofthe
building face from whicl~ it is displayed.
7.2.2 Notwithstanding sub-section 7.21 the maximum area of a murad sigu
displayed within the Chippawa District shall be 9.3 square metres.
73 Awning Signs
An awning sign shall conform to Che following regulations:
73.1 An awning sign shall not contain integral illumination.
7.3.2 The maximum sign area of an awning sign shall be 25% of the awning to
which it is applied.
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7.33 The maximum length of an awning sign shall be 10 metres.
7.3.4 Awning signs shall not consist of three dimensionalleYters or ~-aphics.
7.4 Logo Signs
A logo sign shall conform to the following regulations:
7.41 Where a logo sign is displayed on a building that is four (4) or mare stories
in height the logo sign shall be displayed on Yhe building face of the upper
most storey of that building.
7.4.2 Where a logo sign is displayed on a building of three (3) or fewer stories,
it may be displayed anywhere on the building.
7.4.3 The maximum sign area of a logo sign shall be 10% of the portion of the
building face defined by the floor and ceiling of the storey of the building
upon which the logo sign is displayed.
8.0 ROOF SIGNS
A roof sign shall conform to the following regulations:
8.1 No more than one (1) roof sign shall be located on a building.
8.2 A roof sign shall be integrated with the archiYecYure of the building on which it is
erected and shall not appear as a separate sh-ucture.
83 A roof sign shall be located a minimum of 1.2 metres froin the outer wall of the
building on which it is displayed and in no case shall a roof sign overhang tbe outer
wa11 of a building.
8.4 No part of a roof sign shall be higher than 5. S metres above the roof or parapet of the
building.
8.5 No part of a roof sign shall be closer than 1.0 metres to the roof deck.
8.6 The maximum sign area of a roof sign shall noY exceed 20 square metres.
8.7 A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or
prevent the free access of fire fighters to any part of the building.
8.8 A roof sign shall not obstruct the view from any window or sl<ylight fhat is in a
building located on an adjacent property.
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8.9 An application for a roof sign shall include a visual impact study and an
illumination study to illustrate and evaluate the impact of the roof sign with respect
to the City's skyline and appearat~ce from Queen Victoria Park.
9.0 PROJECTING SIGNS
A projectiug sign shall conform to the following regulations:
9.1 A projecting sign shall not encroach onto a public property.
9.2 Notwithstanding section 91 a projecting sign may encroach onto a street one half
ofthe distance between the streetline and Yhe street curb or the shoulder of the street
where a shoulder exists or to within 0.8 meh~es of a street curb or the shoulder of a
road wl~ere a sholilder exists whichever is the lesser of the two distances.
9.3 The maximum area of a projecting sign shall be 7.0 square metres.
9.4 A projecting sign shall maintain a miniinum clearance of2.7 metres above grade.
10.0 CANOPY SIGNS
A canopy sign shall confonn to tl~e following regulations:
10.1 The maxinnun height of a canopy sign shall be 0.6 metres.
10.2 Where a canopy sign is displayed above Che canopy tl~e vertical space beYween the
lowest point of the sign and the Yop of the canopy or overhang shall not exceed 0.3
metre.
10.3 A canopy sign may project a maximum 03 me[re from the canopy face.
10.4 A canopy sign shall maintain a minimum cleu~ance of 2.7 metres aUove grade.
11.0 BILLBOARDS
A billboard shall confoml to the following regulations:
11.1 A billboard shall only be located on a vacant property designated Majar
Commercial, Ii~dusYrial, Good General Agriculture by the City's Official Plan.
1 L2 Where a billboard is located on a premises, no oYher signs shall be displayed on that
premises and no sign peimits shall be issued to pennit any additional signs on that
premises.
ll.3 Notwithstanding Yhe provisions of section 11.1 billboards are not permitted within
the Central Business District and the Chippawa District.
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11.4 The sign face of a billboard shall be a minimum 18.0 square metres in area and a
maximum of 70 square metres.
11.5 The minimum distance between billboards shall be 300 metres.
11.6 The maximum height of a billboard shall be 7.5 metres.
11.7 A billboard shall have no more than two (2) sign faces. Each sign face shall comply
with section 11.4.
11.8 Where a billboard has two (2) sign faces the sign faces shall be located, placed and
displayed at an angle no greater than 120 degrees which angle shall be measured
from the back of the sign faces of the billboard.
ll.9 A billboard shall be locaYed more than 90 metres from a designated historic site, a
public park, or any properCy designated Residentia] by the City's Official Plan.
1110 An application for a sign permit to erect and display a billboard shall include an
illumination study and a visual impact study.
ll.l l The maximum number of billboards in the City shall not exceed the official
population of the City divided by 625.
11.12 The City in each calendar year may approve a maximum of 10 permits £or billboards
at new locations not currenUy containing billboards subject to the provisions of
section 1111 which shall supercede this section such that the total number of
billboards within the City shall never exceed the number specified the calculation
described in section 1111.
12.0 BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS
Banners,PortableSignsandTemporarySigns shallconformtothefollowingregulations:
121 Banners
121.1 Not mare than two (2) banners shall be placed on a single pole.
12.1.2 The maximmn area of a banner shall be 2.5 square metres.
12.1.3 The minimum distance between any part of a banner and the grade shall
be 2.7 metres.
12.1.4 Asignpennitauthorizingtheerection,displayormaintenanceofabanner,
Yhat permit shall autharize that owner to erect, display or maintain any
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number of banners ofthe same design erected, displayed or maintained in
the same manner.
12.2 Portable Signs and Temporary Signs
12.2.1 (1) A sign permit to erect, display, or maintain a portable or temporary
sign shall have a maximum tenn of no more than 30 days.
(2) No more than four (4) peimits for a portable or temporary sign shall
be issued to the same business per calendar year.
(3) The total number of days of erection, display or maintenance
authorized by the four (4) pern~its described in sub-section 12.2.1
shall not exceed 120 days per calender year.
12.2.2 The maximum height of a portable ar temporary sign is 1.8 metres.
12.23 A portable or temporary sign sball have no more Chan two (2) sign faces.
12.2.4 The maximum sign area of an individual sign face of a portable or
temporary sign shall be 3.0 square metres.
12.2.5 Where a portable or temporary sign has two (2) sign faces the sum ofthe
sign area ofthe h~+o (2) sign faces shall be no more than 6.0 square metres.
12.2.6 (1) Notwithstanding the number of occupancies in a premises, a
maximum of one (1) portable or temporary sign per 15 metres of
Frontage shall be displayed along a street frontage of a property.
(2) No portable sign shall be erected, displayed or maintained within 15
meCres of another portable sign.
12.2J A portable or temPorary sign shall be located as specified in the drawings
submitted Uy the applicant to obtain the permit for that portable sign.
12.2.8 A portable or temporary sign shall be secured firmly to the ground to
prevent any movement or tipping of the sign.
12.2.9 A portable or temporary sign shall not be animated in auy manner and
shall contain no mechanically or wind driven moving parts.
12.210 Streamers, flags, or flashing lights shall not be attached to a portable or
temporary sign.
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12.211 A portable or temparary sign shall contain no flasl~ing lights or
ani~nation.
12.2.12 Without limiting in any way the effect of sub-section 3.61(e) a portable
or Yemporary sign shall not be located in ar obstruct a parking space that
is required to enable the premises upon which the portable or temporary
sign is located to comply with the requirements of a City of Niagara Falls
Zoning By-law.
12.2.13 ~Vithout limiting in any way Che effect of sub-section 3.6.1(a) portable or
temporary sign shall not be located on any street or public property.
13.0 READOGRAPH SIGNS
A readograph sign shall conform to the following regulations:
131 A readograph sign may be incorporated into any ground, fascia, or roof sign
permitted by this By-law in the Sign Districts listed in Table 5 below and is subject
to the accompanying restrictions.
Table 5
Readograph Sign Area
Sign District Maximum Area of
Readograph
Fallsview District 50 % of maximum sign area
Clifton Hill District 100 % of maximum sign area
Lundy's Lane District 50 % of maximum sign area
Whirlpool District 15 % of maximum sign area
Commercial/Industrial Districts 15 % of maximum sign area
13.2 The message or animation of an elecYronic readograph sign shall cycle at an
interval of not less than six (6) seconds.
133 For the purposes of this By-law the installation oPa readograph sign on an exisYing
sign of another type shall be considered the erection of a new sign.
14.0 PROJECTED IMAGE SIGNS
Projected image sign shall conform to the following regulations:
14.1 Above Ground Projected Image Sign
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14.1.l An above ground projected image sign shall be projected onto a building
face by a projector located on the same property.
14.1.2 Por the purpose of calculating the maximum sign area permitted on a
particular building face, an above ground projected image sign shall be
deeined to be a wall sign.
141.3 The image projected by an above ground projected image sign shall be
displayed for an interval ofnot less than six (6) seconds.
141.4 An application for an above ground projected sign shall incl~ide a visual
impact study, an illumination study, a~id the written atiithorization of the
owuer of the property or building onto which the sign will be proj ected.
14.1.5 Tl~e projector used to piroject the above ground projected image sign shall
be incorporated into its surroundings and shall not interfere with the
reasonable use of any neighbouring premises or street.
14.2 On-Ground Projected Image Signs
14.2.1 An on-ground projected image sign shall be projected onto a horizontal
ground plane surface by a projector located on the same premises.
14.2.2 The image projected by an above ground projected image sign shall be
displayed for an interval of not less than six (6) seconds.
14.2.3 An application for an on-ground projected sign shall include avisual
impact study, an illumination study, and the written authorization of the
owner of the property or building onto which the sign will be projected.
14.2.4 The projector used to project an on-ground projected image sign shall be
incorporated into its surroundings and shall not interfere with the
reasonable use of any neighbouring premises or street.
15.0 TOURIST HOMES SIGNS
Tourist Home signs shall conform to the following regulations:
151 A Tourist Home may have a maximum of one (1) sign.
15.2 A Tourist Home sign may be a ground sign or a projecting sign.
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153 A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such
yards to be determined in accordance with the provisions of any Zoning By-law of
the City of Niagara Falls that applies to the subj ect Tourist Home.
15.4 No part of a ground sign on a Tourist Home premises shall be located within 3.0
metres of a streetline.
15.5 No part of a gronnd sign on a Tourist Home premises shall Ue located within 1.8
metres of a side property line.
15.6 A projecting sign for a Tourist Home shall be attached to the front wall of fhe
premises.
15.7 The maximum area of a ground sign shall be 3.0 square meh~es.
15.8 The maximum area of a projecting sign shall be 1.5 square metres.
159 The maximum height of a ground sign shall be 3.0 metres.
16.0 POSTERS
Posters shall conform to the followii7g regulations:
16.1 No person shall erect, place or display a poster on public property other than a
community bulletin board.
16.2 The community bulletin boards shall be located as set out in Schedule "B" to this
By-law.
16.3 The maximum area of a poster shall be 0.28 squares metres.
16.4 A maximum of one (1) poster concerning a particular topic may be placed on a
community bulletin board at any one tiine.
16.5 A poster may not be located so as to obstrucC or cover any other poster.
16.6 Posters shall be erected, placed or fastened on the community bulletin board only
by means of thumb tacks, pins, or tape.
16.7 City Staff may remove any poster that does not comply with these regulations.
16.8 City SYaffshall remove all posters from community bulletin boards on the last day
of each inonth.
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17.0 SANDWICH BOARD SIGNS
The regulations governing the sandwich board signs permitted in the Downtown Sign
District shall be as follows:
17.1 NotwithstandinganyotherprovisionofthisBy-law,theownerofapremiseslocated
in the Downtown Sign District sha11 be enritled to a permit for one (1) sandwich
board sign.
17.2 A sandwich board sign shall consist of two (2) boards, supported by the grotmd and
joined at the top edge to form a rectangular prism.
17.3 A sandwich board sign shall have no more than two (2) sign faces.
17.4 The maYimum sign area of a sandwich board sign shall be 1.25 square metres.
17.5 The maximum width of a sandwich board sign shall be 0.75 metres.
17.6 The inaximum height of a sandwich board sign shall be 1.5 meh~es.
17.7 The maximum number of sandwich board signs permitted for each premises shall
be one (1).
17.8 A sand~vich board sign shall be located on the sidewalk immediately in front of the
premises to ~~~hich the sandwich board sign relates.
179 A sandwich board sign shall not Ue ]ocated such that it impedes the movemeiit of
pedestriai~s in any way.
17.10 A sandwich board sign shall be removed from the sidewalk during any time that the
premises to which the sandwich board sign relates is not open for Uusiness.
17.11 All other provisions and regulations of this By-law shall apply to sandwich board
signs located iv the Downtown Sign District, with all necessary ehanges in detail.
IV. VARIANCES AND AMENDMENTS
18.0 VARIANCES
18.1 Council hereby delegates tl~e authority to grant minor variances to this By-law to the
Director of Planning and Development.
18.2 An application for variance from the provisions of this By-law shall be made fo the
Director of Planning and Development on the appropriate form and shall be
accompanied by the Fee prescribed by the City.
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18.3 The Pluining Department shall prepare a report for the consideration of the Director
ofPlanning and Development, thaf provides for an assessment of the application, the
reasons for the variance and a recommendation to the Director of Planning and
Development.
18.4 The Director of Planning and Developmenf shall give notice of his intention to
consider the application not ]ess than ten (10) days before the day the decision is to
be made with respect to that application.
18.5 Notice of the application shall be given to the applicant, all registered owners of
property within 60 metres of the property subject of the application and to any
appropriate agency or authority.
18.6 The notice shall idenrify the subject premises, state the date scheduled for the
decision, provide a brief descripTion ofthe proposed variance and particulars ofhow
to make representations to the Director ofPlanning and Development concerning the
proposed variance.
18.7 The applicant shall post a sign, provided by the Director of Planning and
Development, on the premises identifying the subject premises, stating the date
scheduled for the decision, a brief description of the proposed varianee, and the
particulars of how to make representations to the Director of Planning and
DevelopmenY concerning the proposed variance.
18.8 Ifthe applicant does not correspond with the Director ofPlanning and Development,
the Directar of Planning and Development may proceed in the absence of the
applicant and the applicant will not be entitled to further notice.
18.9 In the event thal the applicant desires to submit additional information for the
consideration of the Director of Plamiing and Development, the applicant may
request a deferral of the decision by submitting a written requesY Uy 4:30 P.M. of the
day before the date the decision is to be made
18.10 In considering an application for the variance, the Director of Planning and
Development shall have regard for:
(a) special circumstances or conditions applying to the lot, building, or use
referred to in the application;
(b) whether strict application of the provisions of this By-1aw in the context of
the special circumstances applying to Yhe lot, building, or use, would result
in practical difficulties ur unnecessary and unusual hardship for the
applicant of a type and nature inconsistent with Yhe general intent and
purpose of this By-law and the Officia] Plan;
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(c) whether such special circumstances or conditions are pre-existing and not
created by the owner or applicant;
(d) whether the sign thaY is subject of the variance will alter the essential
character of the area in which it is located; and
(e) a~~y comments received.
18.11 Tl~e Director of Planning and Development may authorize a variance from flie
provisions of this By-law, with or without conditions, if, in the opinion of the
Director of Planning and Development:
(a) the variance is desirable;
(b) the variance is minorin nature;
(c) that tlie general intent and purpose of this by-law is maintained: and
(d) Yhat the general intent and purpose of the Official Plan is maintained.
18.12 In the event that:
(a) Council withdraws its delegation of authority with respect to a particular
application; or
(b) The Director of Plamling and Development refuses to grant the minor
variance;
the application will be dealt with as an amendment application with all nacessary
changes iu detail.
19.0 AMENDMENTS
191 Where a proposed sign fails to meet airy of the provisions of clauses (a), (b), (c) or
(d) of section 18.11 of this By-law as determined by the Director of Plannivg aiid
Development or where a proposed sign is not pennitted bythis By-law, the applicant
shall make application for an amendment to this By-law by:
(a) filing a~l application on Yhe form provided with the Planning and
Development DeparCment;
(b) submitting the appropriate fees; and
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(c) submitting any plans, drawings, documents or studies that may be deemed
necessary by the Director of Planning and Development to assess the
application.
19.2 TheDirectorofPlanningandDevelopmentshallsubmitareportfortheconsideration
of Council that provides an assessment of the application, the reasons and
appropriaYeness of the proposed amendment and a recommendation to Council.
19.3 At least one (1) public meeting shall be held.
19.4 Notice of a public meeting shall be given to the applicant, all registered owners of
property within 120 metres of the property subject of the application and to any
appropriate agency or authority not less than 20 days before the day of Yhe public
meeting.
19.5 The applicant shall post a sign, provided by the Planning and Development
Deparhnent, on the property stating the date, time and location of the public meeting
and a brief description of the requested amendment.
19.6 If the applicant does not attend the public meeting, Council may proceed in the
absence of the applicant and Che applicant wi 11 not be entitled to further notice in the
proceeding.
19.7 In considering an application for an amendment, Council shall have regard for, with
all necessary modification, clauses (a), (b), (c), and (d) of section 18.ll of this By-
law.
l 9.8 Council may impose such conditions upon Che granting of an amendnlent as it deems
appropriate in the public interest.
19.9 Council may uphold, vary or refuse the recommendation ofthe Director ofPlanning
and Development. The applicant shall not be entitled to a further hearing on the
matter before Council and the decision of Council on the application shall be final.
V. PENALTIES AND ENFORCEMENT
20.0 PENALTIES AND ENFORCEMENT
20.1 No person shall:
(a) erect, locate ar display a sign without a permit if a permit' is required under
this By-law far that sign;
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(b) erect, locate or display a sign for which a permit has been obtained except
in accordance with the approved plans and drawings submitted as part of
the permit application;
(c) erect, locate or display a sign in a manner that is not in accordance with the
regulations of this By-law or the conditions of any va~~iance granted under
this By-law;
(d) erect, locate or display a sign of a type which is uot specifically permitted
under this By-law;
(e) erect, locate or display a sign whicl~ is on or overhangs public property;
fail to comply with an order issued pursuant to section 20.6 of this By-law.
20.2 Every person who contravenes any provision of this By-law or an orderissued
pursuant to section 20.6 of this By-law is guilty of an offence and upon conviction,
subject to the penalties and sanctions providedbyprovincial law for such an offence.
203 Where a person has been convicted of an offence, the court in which the conviction
has been entered and any court ofcompetent juiisdictions thereafter may, in addition
to any oCher remedy or penalty provided for by law, make an order prohibiYing the
continuation or repetition of the offence by the person convicted.
20.4 Where a sign is erected or displayed on, over, partly on, or parfly over property
owned by or under the jurisdiction of the City, such sign may be removed
immediately by the City without notice.
20.5 Where a sign is erected or displayed in contravention of this By-law, Che Director of
Building and By-law Services or his designate may immediately pull down or remove
any sign that he determines constitutes a safety hazard or coneern.
20.6 Where a sign erected on private property does not comply with this By-law or a
permit issued under this By-law, the Director of Building and By-law Services or his
designate, may by order, require the owner to bring the sign into conformity in the
manner and within the time specified in the order.
20.7 Airy order required under this By-law may be given by:
(a) personal service upon the party being served, ar
(b) prepaid registered mail sent to the last address of the party being served,
shown on the records of the City, or
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(c) prominently posfing a copy of the order either on the sign in respect of
which the order is given, or on the land upon which the sign is located.
20.8 If the owner does not comply with an arder given under Chis By-law within the time
specified in the order, the DirecYor of Building and By-law Services or l~is designate
may order the owner to remove the sign and restore the property and building in the
manner and within the time specific in the order.
20.9 Any order required under this By-law may be given by:
(a) personal service upon the party being served, or
(b) prepaid registered mail sent to the last acidress of the party being served,
shown on the records of the CiYy, or
(c) prominently posting a copy of the order either on the sign in respect of
which the order is given, or on the land upon which the sign is located.
2010 Where the order is served in accordance with the provisions of this By-law, it is
deemed to have been received by fhe party being served upon the mailing or posting
of the order.
20.ll Where a sign is not removed or a property and building are not restored as required
by an order issued under this By-law, the Director of Building and By-law Services
or his designate, may have the sign removed and the property and building restared.
For this purpose, the Director, his designate, or a contractor or other agent may enter
upon the properfy and premises at any reasonaUle time.
2012 The costs of removing Che sign and restoring the property or building may be
recovered by adding those costs to the Yax roll to be collected in the same manner as
taxes.
20.13 Auy sign removed by the City shall be stored by the City for 30 days, during which
time the owner may redeem the sign upon payment of the applicable fee prescribed
by flie City.
20.14 Where a sign has been removed by the City and stored for a period of 30 days and
has not been redeemed by the owner, the City may destroy or otherwise dispose of
the sign after 30 days without notice or compensation to the owner.
21.0 CONFLICT
21.1 Where a provision of this By-law conflicts with any other By-law, Yhe By-law
containing the higher standard shall prevail.
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22.0 VALIDITY
22.1 IP a Court of competent jurisdicYion declares any section or part of a section of this
By-law invalid, iY is the inYention of Council that the remainder of the By-law shall
continue to be in force.
23.0 REPEAL
231 By-law No. 6661, as amevded is hereby repealed effective fl1e date of the passing of
this By-law.
Passed this day of , 2008.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading: , 2008
Second Reading: , 2008
Third Reading: , 2008
SCHEDULE"B"
Community bulletin board locaCions:
1. City Hall Square - 4300 Queen Street, Niagara Falls
2. MacBain Community Centre - 715Q Montrose Road, Niagara Falls
3. Niagara Falls Memorial Arena - 5145 Centre Street, Niagara Falls
4. Stamford/Jack Bell Arena - 6570 Prederica Street, Niagara Falls
5. Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls
6. Oakes Park - 5700 Morrison Street, Niagara Falls
7. M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls
8. E.E. Mitchelson Park - 3750 - 3800 Springdale Avenue, Niagara Falls
December 15, 2008 R-2008-38
~~~~~~'~~a~IS
ce.~~un
Councillor Carolynn loannoni, Chair
and Members of Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: R-2008-38 - Encroachments and Fencing - Patrick Cummings Memorial
Sports Complex
RECOMMENDATION:
1. That all encroachments on the park land be removed from Patrick Cummings
Memorial Sports Complex in accordance with the Parks By-law No. 71-57 as
amended.
2. That the installation of fencing at the back of residential properties on the west limit
of Patrick Cummings Memorial Sports Complex at an estimated cost of $3,000.
3. `f at the
i~llatio f chain link fenc at the East s 'on of Patrick Cummings
me I Sports Com estimated to approximately 5,000 be included in
2009 capi budget for con ' ration for Co il.
3. That chain link fencing at the East section of Patrick Cummings Memorial
Sports Complex not be installed.
4. That staff meet with the residents on arriving at an agreement to maintain the
drainage swale and deal with dead fall.
BACKGROUND:
The Corporation's standard practice in addressing long-term property line issues (including
parkland encroachments by neighbours) is to provide continuous property line fencing of
parkland adjacent to all residential lands. All new parks are separated by property line
fencing and this is generally at the cost of the developer. A fence was not installed by the
developer at this park. However draft park development plans from around 2003 showed
a fence that was to be installed as part of the park development by the City.
Working Together to Serve Dur Community ~
. i
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~~~~1373 ~9CY~.1 o
~ ~
December 15, 2008 - 2- R-2008-38
On June 26, 2008, Parks, Recreation & Culture conducted a public open house for the
neighbours of Patrick Cummings Memorial Sports Complex. Through this consultation
session, comments were made by residents on park related issues, including property line
fencing. It was requested by some residents (who had not installed their own fence as
many residents had done) that the City install fencing on their property lines.
Request for Fencing - West Limits of Park
Subsequent to the open house session, a petition dated July 9, 2008, and signed by four
(4) households requesting fencing immediately be installed at the City's cost was received.
In October 2008, the City also received supporting correspondence. (Attachment A).
In response to this, neighbours were generally advised that 5taffwould investigate the cost
to install chain link fencing at the City's cost. With review of the park capital budget it was
possible to incorporate these costs of approximately $3,000 within the existing project
budget.
Park Encroachments by Residential Properties and No Fencing - East Limits of Park
On site park follow-up identified the extent of backyard encroachments onto parkland by
numerous residents of Weinbrenner Road. Parkland encroachments are prohibited
consistent with the Parks By-law (By-law No. 71-57 as amended). In this area of the park,
a number of homes do not have fencing, while other homes have installed their own
fencing. Encroachments into the natural park area include yard waste dumping,
construction material dumping, using the park for material storage, garden tools' storage,
children's play features, tree forts, mowing of natural areas, and woodland timber removal.
Examples are shown in Attachment B, Site Photos.
To initiate the removal of the encroachments along the property line fence at the east park
limits a letter was sent to all residents dated October 14, 2008. (Attachment C). It required
that all encroachments into the parkland be removed by December 1, 2008, and that the
mowing of the naturalized parkland area by neighbours be discontinued. Additionally, the
letter outlined that fencing, pending 2009 budget approval would also be completed at the
east section of the park.
Residents Response - Fencing East Limits of Park
A letter and attached petition dated October 21, 2008, were received from twenty-six (26)
Weinbrenner Road households that back onto Patrick Cummings Memorial Sports
Complex (Attachment D) who are in general opposition to the proposed property line
fencing of Patrick Cummings Memorial Sports Complex, as well as the required termination
of all parkland encroachments.
December 15, 2008 - 3- R-2008-38
Park in the City: Comments
At the November 19, 2008, Park in the City Committee meeting, the encroachments and
fencing issues at Patrick Cummings Memorial Sports Complex were discussed. The
Committee generally believes that removal of encroachments is fundamental to protecting
public parklands and the by-lawshould be enforced. The Committee also recommends that
the continuous installation of fencing at the east side of the park be completed recognizing
the expense that would be recommended in the 2009 budget for the consideration of
Council. It was suggested that a next step could also include holding a community
education meeting for property owners on the park (which would include Park in the City).
The meeting would explain the encroachment issues and why fencing is needed.
On-Site Meeting with Residents - November 13, 2008
An on-site meeting was held with a few residents on November 13, 2008. Staff agrees that
the concern about `double fencing' is valid, and double fencing would not have taken
place.
At this on site meeting, staff generally commented on the problems specific to the
encroachments and why they need to be removed, why the cutting of the naturalized park
area is a concern, and the reasons why the current development requirement includes the
inclusion of property line fencing on parks (and the role fences play in deterring
encroachments) with the residents in attendance. It would be fair to summarize that an
agreed upon solution with respect to installation of property-line fencing and the
encroachment issues were not reached.
Recommended by: ~ti ~~UC41
Deny e Morrissey, Dire or of Parks, Recreation & Culture
Approved by: ~ ~
Ed Dujlovic, Executive Director of Community Services
Attachments:
S:1Council\Council 20081R-2008-38 - Encroachments and Fencing - P Cummings Memorial Sports Park.wpd
, _
A"I"I'fiC1~MENT `A'
To: Gynthia RoGerts
Parks; Recreation & Cultuce Department
Fair'vjew Gemetery, Stanley Avenue
P.4<Box 1023, Niagara Falis, ON 1:2E 6X5
CC; May,o~ Ted Salci
Counciliar Shiriey Fisher D
The,Ci#y of Niagara Falls
City Haif, P.a. eaX ~oz3 J~! Z~~ ~
4310 Queen Sfreet, Ni a
gar a F a l l s, O N L 2 E 6 X 5 $
Jtily 9, 20Q8 p`9'~S ~ ~
ION
R€: Properties adjacenY to Ratrick Cummings'Memorial Spods Complex
Dear Ms Roberts,
When we purchased our homes we were told that a fence would be erected at the end of our
backyards, separafing our properties from tfie public park. This fence is clearly shown in our
home builder's plan and the September 2003 F'arks, Recreation and Culture Master Plan for
Patrick Cummings Memorial Spoits Compiex. To date, no fence has been erected.
This Fias caused concern as our properties are wide open to the park. Despite the fact that cars
are restricted from the sports complex, vehicles regularly drive fhrough and. park 6eside the
baseball diamonds. In Yhe past, residents have been subjected to tailgafe parties, vandaiism,
off-leash dogs and park-goers encroaching on our property and threatening our security.
Furthermore, park users haye been cuttingthroug6 our yards to gain access to Weinbrenner
Road. Plans to enhance the park; announced at the June 26 Open House meeting at Chippawa
Lions Hall will only exacerbate these problems as more people are attracted to the park.
At the Open House Meeting, we were informed that fencing would be considered in the 2009
6udget. We fee! that this is not acceptable. The security oPour property is paramount and we
have waited .1ong enough, particularly as the'fence is cleariy marked in the 2003 MasEer Pian.
We ask that you erect a fence this year - before furfher park enhancements are considered.
We apPreciate your immediste attention to this matter.
Sincerely,
Residents of Weinbrenner Roatl:
Name {Print}
Signature
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ATTACHMENT A
October 21, 2008
City of Niagara Falls Parks and Recreation
Attn: David Antonsen, OALA, CSLA
Dear David,
In reply to your letter dated October 14, 2008. On behalf of the property owners at 3884, 3894,
3914 and 3924 Weinbrenner Road we thank you for acting on the request in our letter dated
July 8, 2008 and note that the City will undertake fencing our properties adjacent to the north
limit of Patrick Cummings Memorial Sports Complex this Fall.
Yours truly,
Property Owners
3884, 3894, 3914 and 3924 Weinbrenner Road
~ Page 1 of 1
ATTACHMENT A
David Antonsen
.
From: "Sally S" <donsal@vaxxine.com>
To: <dantonsen@niagarafalls.ca>
Date: 10/22/2008 4:26 PM
Just a note to say we are very happy with the fencing to be installed on Weinbrenner. We
have been waiting four years for this fence and we are happy it is finally going to be
installed. The safety issue was one of the concerns for us as was our yard being used as a
cut through. Again, thank you for putting a finalization to this problem.
Don and Sally Somerville
3884 Weinbrenner Rd
?x Add FUN to your email - CLICK HERE!
file://C:ADocuments and Settings\da335\Local SettingslTemplXPgrpwiseA48PP543DDom... 10/23/2008
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JULY 28, 200~
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~ ATTACHMENT C
~1~g~iiY`~t~tt.~~S
c rt ,z r~ ~i
October 14, 2008
t3ear Nafgfitiour:
(tE: Patrick Cummin~s Mernorial Snorts Comni v v~,..,~.~,~ Line Fencin~ and Park Encroachments
The City ofNiagara Fa11s will undertake fencing portions ofthe north Iimit of Pattick Gummings tvlemorial Sparts
Eampiex where adjacent to residentiai properties. propcriy line fencing is expected to take place in stages with
fhe west section accurring this Fa112008; and the east section in 2009:(subject to Ciry Gouncil budgePapproyal):
Far yQUr r'efzrence, on the t~verse side of fhis°fetker is a location plan illvstrating.the IimiEs af pro~iased property
line fencing as well as pfiasing seetiuns.
In addition, an apglicaY'ton faRn is inclnded for homeowners who w(sh to have a gate installed behind their home
in the property tine fence. The coordination of gate installations witl [ake place at the time of tfie fenee
installaYions. Residents wisi~i~g to apply for a gate shautd complete the Gaie Application fortn and suGmit a
cheque in tfie amount of $450.Q0, made payable to Tfie City of Niagata Nalls. West section horneowners must
submii their ga{e application and fee liy NoVember 14, 2008 to Parks; Recreatian & Culture: atfention DaVid
Autonsen at~ the address below, ~
We have noted thraugh park inspections that a number of neighbours tiave encroachetl anto Patrick Gummings
Memorial Sports Gomplex with items such as children's play toys, fire pits, plantings, draina~;e pipes, bu8ding
materials, etc.,. These eneroachments are a violation ofthe City ofNiagara Falis Parks By-law (By.law No. 71-57
as amended) and must be removed from the parkland. All encroachmqnts must be removed from Patrick
Cammings Memorial8ports Complexby.Deeember 1, 2008 or the encroacltments will be removed by tfie ~ity
and homeowners will be billed for the costs and face possible fines under the ParksBy-law of up to $5000. Piease
note that unautharized c~tting of grass within parktand is aiso a violation of the Parks By-Iaw and as such we
request that eesidents stop Yhis praedce.
In preparation for property Iine fencing work as well as to assist in rectifying encroachment issues, the City wiil
have surveyors detarminin~; property limits over the next couple weeks.
To help ~difh questions you may have, we have provided a list of Frequently Asked Questions (FAQ) for your
reference. Alease forward any additional questions; comments or gafe applications to:
David Antonsen, OALA, CSLA 7150 Montrase Road, Unit #1 ,;Phi 405-356-7521 ext. 3335
Lan~scape Arohitect, Niagara Falls ON, , Fax; 905-356-7404
Parks, Recreation & Culture L2H 3N3 " Email: dantonsen@niagarafalls.ca
Yoars truly, .
~d~~ ~"'tJ~~
Den se Morcissey, B.A,; .P.A.
= Director,
~
Narks, Recreation & Culture
~
~ommun ervioas 6opprtriibrif"~~"~~-~"-
.i Parks, Recrestion &.Cufture
Working Together ro Serve Our Communi ' E'a 333y Fax 9DS356-7404
~ ' dmorrissey~niagarafaNs.ca
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ATTACHMENT C
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ATTACHMENT C
Freqnenily Asked Questions (FAQ)
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Queslion Answer
GYhat is the purpase of the property The property line fence functiorrs to delineate and.
line fence? protect public & private property. In addition it is a
~~a(uabie tool in the long
term-inanagement af putzlic
lands.
What type offencing ts pro~ased liy The proposed property line fencin~ will be 1:8m {6'-0")
the City? high ootnmeteial grade galvanized chain lir3k fenc~.
Can I kave a drfferent rype offanee No, the City wilS not install a deferent type of fence,
ihstallettbehrnd my yard? Haw The fanoe wili be the praparty of the City af Niagaia
about a waad prn~acy fenee? Palls and as such is not prepared to maintain any other
type-of fence in the lon~-tcrm.
Ff~here exuctty witl the property line The prnperty line fettee will be installed 0.15m ({}'-6"j
J'ence be tocated rn respecl to Ihe within City park properiy parallet to the comman
commnn property line between the property (ine.
resideruial property and park
property
1 already7save a fence at the rear of Yes, ftce Ciry will install.a fence behind your pmperty.
my prQperry. Witl the C`zty still Existing fences on private praperty are subject to home
inslall a,fence behznd rrie? ownership changes and changes in landscaping
pretere~ces.
Can I hatie a gate installed fn rhe An appGcaiion may be submitted to the City reqaesting
properry tir:e fance? to have a gate installed. Cast of the gate insiallation is
the responsiltiiUty of the applioant. Gat~s will be
installed in accordance wifh Giry requirements and be
completed by a City Staff or a qualified conuactor.
q„'-,~' f~i~'~~'~i~~-n `"'~.,`"~-~a`~y~r ~ '§~ac. ` , ~-y~+ ~ r ~r -r,~: ~cxi,~ .k '`:`,Y ~ - .
~ arktaad Encroac6ments5 ~r~~ 5~~
5
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Question Answer
b3'hat is a rarkland encraachment? A parkland encroachment is a physical encumbrance
placed on parkland. These encumhrances are generally
placad on the parkland by nieghbours and other
adjacent ]andawners for Che purposas af private use.
(7ften paikland encroachments take the form of
unauthorized extensions to backyards.
Continued over
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pIS'i~ ~ N U
~ ATTACHMENT D
12e: F'atrick Cumming Memoriat'Sports Complcs Praperty Line Fetl<ing
West Sectian
?he Wesk Section cansists of ten residences. Six of tktc ten residenccs curiendy have cxasting fencung a1an~ the
said area A sc~nd fence against these existiug fenccs will leave au acea o€appcn
'x~ately six to twetvc inches
in between w3lece gtass and weeds wii l be imgossible to maintaia This would be a totai waste of man~y that
could be use for;other uscful pazk amenities.
East Sectioa
The East Sectiaci consisLS af fhirty-~t residenas that have a deCp drainage dit~h. fho dcainage ditch ama has
been eut by the eityone time in the last four.yeacs; It does not.dtain properly in somc amas due to 3ittle or poor
siope. Thare is stagnant water laying imthese area on a regular bases prone to brea<tiug mosquitoes and possible
West Nile. T2aere isx farest separating this anea from the fenced ballpark. This fot?est is beauti;fW aud thc
Ministry vf th~ Envuonment wiA insis[: on the natutal forest lo remain intACt. The foresk sbeds an abundance of
lenves, bzanches> and deadfall inta the forest itself as well as tha drainage dite6. If Ie8 negtected an a iegulaz
bases ttris will add tb Uie "existit~ drainage pmblems. A fence at the ireac of the propgrties will pxevenY each of
nc~ homeowners'liying adjacent to be able ta maintsiu the drainage.ditch area Tha ciry will atso have limzted
access due to the existing fencit~ at the t~ear of ihe ballpasi~ area and ihe foresl itsalf.: A m~mbrr•of homes m the
East Section cutianUy 6ave e~tisking fencing along the said area: A secqad fcnce against these existing fences
will teaue an area of appnaximately six to twelve ieches in betwczn wherc grassand weeds wiil be impossiblezo
mairitaip„
The resiiiences of Weiahrenner Road: are strongfy apposed to t!?e Inatallatiun of;t6e "property line
fenc~ng" by th'e City of Niagara Fslls.
Name Address , phaneNaimk?er
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- ATTACHMENT D
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. • ATTACHMENT D
October 21, 2008
City of Niagara Falls
71 SO Montrose Rd Unit # 1
Niagara Falls, ON L2H 3N3
RE: Patrick Cummin~s Soorts Gomplex,
Property Liae Fencin~ and Park Encroachments
Attn: Davzd AntonSen
Dear Parks and Recreation & Culture:
This is a point letter with regards to the Property Line Fencing Plan.
Don't fez~ce us in - the residents don't approve. See attached sign
petition from the `neighbors" of Weinbrenner Rd.
The East section consists of 30 residents who have paid a premium
to the developer to ha~e a woodscape at the rear of the property.
m' To look out into the backyatds £rom our kitchens /dining rooms to
see a"high commercial grade galvanized chain link fence". This is
a very unattractive way to view the parkiand.
A drainage ditCh was provided but has been groomed only once in
4 years, and this was only in the spring. No mainCenance in the Call
season with the leaves. The area does not drain properly.
~e1 The aforesaid ditch does not drain properly due to poor hydraulic
engineering.
Stagnattt water lies in this area and possibly encourages a
mosquito habitat (west nile) and is an attraction For young
ckzildren.
r_~ A beauuful and precious woodland separates our propcrties from
the already fenced ballpark.
600/100~d 6LLlp Al-hL A002!n:Jni
ATTACHMENT D
>P~ Natural wood lots are encouraged by the ministry of the
environment.
~a~ If neglected and not maintained of leaves, branches and deadfall
this impedes drainage and impacts ozx the residents.
Fencing the wood lot will impede the residence from maintaining
an acceptable, accessible and responsible overview of said forest.
City maintenance will have limited access to groom the aforesaid
property consequer~ted by the fact that a number of homes have
fences in place. This will result in the second fence leaving an area
of 6 to 12 inches in-between? IMPOSStBLE to ~uxTaux!!
ia Residents are required to maintain thcir boulevards at the Iront of
their properry, cve can and we will maintain the rear portions.
~F~ As you can surmise from the attached list of petitioners; the tax
paying residents don't not want this fence to be installed PERIOD!
>m! This will save the city many of thousand of funds that can be
applied to othar, and there are many more pressing needs.
I~remain respectfully a concerned citizen,
George Masurat
9a5-295-2798
cc: Denyse Moz'rissey
Mayor Ted Salci and the Members of the Municipal Council.
600/Z00 d OLLIk pi~ni ann~i~.~i~i
The City of Niagara Falls, Ontario
Y2esolution
No.
Moved by
Seconded by
WHEREAS all meetings of Council are to be open to the public; and
WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
THEREFORE BE IT RESOLVED THAT on December 15, 2008 Niagara Falls Council will go
into a closed meeting to consider matters that fall under the subject matter of 239(2)(d) of the
Municipal Act, 2001, labour relations or employee negotiations and 239 (2)(e) litigation matters.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR