MOSSEL BAY MUNICIPALITY REVISED BYLAW RELATING TO OUTDOOR
MOSSEL BAY MUNICIPALITY REVISED BY-LAW RELATING TO OUTDOOR ADVERTISING AND SIGNAGE Presentation: Mid Brak- Proposed Amendments Compiled by: F Brand
MOSSEL BAY OUTDOOR ADVERTISING
THE FOLLOWING FACTORS HAVE BEEN CONCIDERED DURING THE COMPILING OF THE PROPOSED AMENDED BY-LAW Ø Problems and short comings identified over the past few years. Ø Needs identified with respect to promoting business growth Ø Visual and environmental impact. Ø The public and traffic safety. Ø South African Manual for Outdoor Advertisings Control (SAMOAC) amended by Department of Environmental Affairs. Ø Comments and complaints received from the industry. Taking into account all of the above, an effort was made to put together the best possible product for Mossel Bay Municipality.
PROPOSED AMENDED BY-LAW (continues) Ø Please be advised, there is a substantial amount of amendments, the amendments is indicated in the draft amended By-Law. Ø Only a few important amendments will be discussed in this presentation.
SECTION 20 EXEMPTED SIGNS (FOR WICH APPROVAL OF THE MUNICIPALITY IS NOT REQUIRED This is an important Section. All the signs described in Section 20(3)- (17) , is signs which a business / property owner may display without obtaining approval from the municipality. • More concessions are made with regards to Section 20 Exempted signs. • Amendments with regards to relaxation to limitation on maximum sizes, maximum quantities for the following type of boards, to make it more lenient to Business owners, property owners, estate agents, developers, builders etc: Ø For Sale Signs Ø Business Signs on premises Ø Security Signs • The following type of signs, is also additional added to the exempted signs for which no approval is required Ø Project boards Ø Identification/ warning signs
SEC 20(3) FOR SALE /TO LET Proposed amendments: Current By-Law Refer to Page 42 Proposed Amended By-Law • Max 2 “For Sale boards: Max Qty: § Two “For Sale” • In case of group housing, estate complexes Boards may be or similar Gated complexes: displayed , which Max boards permitted: increased to 4 also includes gated complexes • 1 per estate agency may be displayed. Consent - • Written consent must be obtained from the owner of the property. • A Notice must be served. (This is not practical , a notice can not be Non served • Any sign not complying with the provisions complianc for each and every of Sec 20(3) will be removed in the sole e:
SEC 20(3): FOR SALE /TO LET Y MOSSELBA GEOR GE KNYSNA HESSEQU SAMOAC A • Single Res: Max: 2 Max: Qty • permitted per property Max Qty: permitted per estate agency per property Consent Group Max: 3 per Not permitted premises housing, estate complexes: Max 4 Max: 1 per estate agency May only be displayed if written approval is obtained from Max: 1 per estate Not permitted agency Not permitted - Max: 3 per premises Not more than 2 signs may be displayed on the same premises. Max: 1 per estate agency May only be displayed if written approval is obtained from property -
SEC 20(4): Identification / Warning signs Refer to Page 43 Section 20(4) is Additional Added to exempted signs This Includes: • Identification and warning signs with regards to: Ø Place of residence e. g. name of complex, farms etc Ø Warning signs “No entrance” etc. • Max 0. 25 m² per premises with one street frontage • Max 0. 5 m² per premises with more than one street frontage
SEC 20(5): BUSINESS SIGNS ON PREMSISES Refer to Page 44 Proposed Amendments Relaxation to limitation on maximum size On Residenti al Properties : small Business operating from home: Current By-Law Max: One unilluminated sign not exceeding 0. 2 m ² In total area, per business, within the boundaries of the premises concerned Proposed Amended By. Law Max: One unilluminated sign not exceeding 0. 2 m ² In total area, per business, within the boundaries of the premises concerned. On Business, Max: One unilluminated sign not Commerci Max: One unilluminated sign not exceeding 0. 5 m ², in total area, per al exceeding 0. 75 m ², In total area, business within Industrial per business within the boundaries of the premises
BUSINESS SIGNS • Please take note the business signs as described in Section 20(5) is only the exempted signs, for which approval is not required • Businesses is NOT LIMITED to these maximum size and qty. The By-Law makes provision for different other type of Business signs for which they can apply for as indicated in the different Schedules.
SEC 20(8) PROJECT OR DEVELOPMENT BOARDS Refer to Page 44 Section 20(8) is Additional Added to exempted signs This Includes: • Max one project or development board on a property not exceeding 1 m² • Describing the development, project, work or activity being carried out on the premises, during the duration of the project, providing the names of the contractors etc. • May only be erected after approval is obtained, for development or project. • May only be displayed within the boundaries of the property of the actual development or project not within the road reserve
SEC 20 EXEMTED SIGNS Section 20(3) – 20(17)Signs for which the approval of the Municipality is not required. Refer to Page 42 -46 Mossel Bay Municipality is more lenient than all surrounding Municipalities with regards to “exempted” signs. MB GEORGE Sec 20(3) To Let/For Sale/Sold - signs Yes No Sec 20(4) Identification and warning signs Yes No Section 20(5) Business signs Yes Max 0. 75 m 2 Sec 20(6) Window signs Yes Sec 20(7) Signs incorporated in the building Sec 20(8) HESSEQUA PLETT Yes Max 0. 2 m Yes Yes No Yes Project / Development Board Yes No Yes Sec 20(9) Signs on sports fields Yes Yes Sec 20(10) Security signs Yes No Yes Sec 20(11) Commercially sponsored signs and signs of non-profit Yes bodies, less than 4, 5 m No Yes Sec 20(12) Advertisements on vehicles Yes No Yes Sec 20(13) National flags Yes No No Sec 20(14) Teardrops Yes No No No Sec 20(15) Advertisement in arcade Yes No No Sec 20(16) Sign which is displayed by the Municipality Yes No No
SEC 26 : ENFORCEMENT AND REMOVAL OF SIGNS Refer to Page 49 Proposed amendments: Section 26(2) is Additional Added “Any sign displayed or erected on municipal property without municipal approval or not complying with the provisions of this By. Law may be removed without a notice served to the owner or lessee of the sign, or owner of the property. ” Above was one of the shortcoming identified after implementation and working with the By-Law daily.
SEC 32: TRANSITIONAL ARRANGEMENTS Refer to Page 51 -52 There is a substantial amount of existing advertising signs and structures of which no approval was obtain in terms of section 5(1) of the By-Law and does not comply with the provisions of the By-Law, which • After implementation of the existing By-Law, this resulted in many notices served for illegal signage. This lead to unhappiness amongst business owners and Council then decided to place a moratorium on the enforcement of Section 5 of the By-Law for all existing locality bound advertisement signs as from 30 November 2015 in terms of Council resolution E 182 -11/2015. This moratorium is still in place. • The proposed amendments to the Transitional Arrangements intends addressing above, the proposed amendment to Section 32 will result in all existing signs erected prior to this By-Law shall be deemed to be legal for a period not exceeding five years, after the date on which this By-Law comes into operation or until the sign or structure is replaced or is in a condition that requires maintenance.
SEC 32: TRANSITIONAL ARRANGEMENTS Proposed amendments Sec 32(1) Sec 32(2) & (3) Current By-Law Proposed Amended By-Law Anything that was done in terms of any provisions repealed by this By-Law shall be deemed to have done under the corresponding provisions of this By-Law and the repeal in section 31 shall not affect the validity of anything done under the By-law so repealed. (Same as current) Anything that was done prior the proclamation of this By-Law, which was not done in terms of a provisions repealed in this By-Law, and was unlawful, shall in the event of such act or sign still no not complying with the provisions of this By. Law, be unlawful and the Municipality in such a case will be entitled to take necessary action in terms of section 26 hereof. (3) A period of grace of 6 months will be allowed from date of publication of Anything that was done prior the proclamation of this By-Law, any sign or structure that is complaint with the Mossel bay Municipality: By-Law Relating to Outdoor Advertising and Signage immediately prior to the date on which this By-Law comes into operation but which is non -complaint with this By-Law shall be deemed to be legal for a period not exceeding five years after the date on which this By-Law comes into operation or until the sign or structure is replaced or is in a condition that requires maintenance of such nature that it would, in the option of the municipality normally be replaced. No such
SEC 5: SUBMISSION OF APPLICATION Proposed amendments - Relaxation Refer to Page 24 More concessions are made in Section 5(6) with regards to when an application must be submitted with a SANS 10400, when a structural design of an advertising structure shall be certified by a profession structural engineer. • Schedule 4: Product Replicas and three dimensional Signs: Signs < 1. 5 m². • Schedule 7: Specialised signs for parking areas: Signs < 1. 5 m m². • • Schedule 11: Project Boards and Development Boards: < 1. 5 m m². • Schedule 10: Construction Site Signs : Signs < 1. 5 m m². • Schedule 22: Wall Signs: Signs < 4 m m² • Schedule 25: On Premises Business Signs: Signs < 1. 5 m m² • Schedule 27: Veranda, Balcony and canopy and under awning signs: • Signs < 1. 5 m m². Except all suspended / hanging signs in above shall be certified by a professional structural engineer
SCHEDULE 1, 2 & 3: BILLBOARDS Refer to Page 59 -66 Large , Medium and Small Bill Board. • Only a few amendments in proposed By -Law, which will not be discussed in this workshop due to limited time. • For detail refer to Pg. • Aligned with SAMOAC Mossel Bay Municipality FOTO SAMOAC Max Size Large Bill Board Medium Bill Board Small Bill Board 41 m² – 81 m² 19 m² – 40 m² 9 m² - < 18 m²
Refer to Page 81 -83 SCHEDULE 11 PROJECT BOARDS & DEVELPOMENT BOARDS • Only a few amendments to above Schedule. • For detail refer to Pg. 81 -83 • Relaxation with regards to developments, in instances where the development is not adjacent to a public road • Proposed amendment in Schedule 11(7)(B)(3) make provision for: in instances where a proposed development is not adjacent to, or visible from a public road, the sign may be placed at an alternative location closest to the development at the nearest entrance of the private access to the public road
SCHEDULE 13 ESTATE AGENT SHOW SIGNS A few amendments with regards to maximum quantities, distances etc. Refer to Page 86 -88 A lot of problems has been experienced over the past few years with regard to “On Show” signs not complying with the provisions of the By-Law, exceeding maximum qty permitted at intersections, over crowded signs etc. Proposed amendments: • Any “On Show” sign on municipal property, which does not comply with the provisions of the By-Law may be removed in the sole discretion of the municipality. • Single Residential premises: Ø Max 2 “on show signs” at a property of which only, one sign per estate agency may be displayed • Commercial, Agricultural and Complexes: Ø Max: six estate agents signs may be displayed at a property including “For Sale” signs” • Signs may only be displayed 50 m from intersection
ESTATE AGENT SHOW SIGNS SCHEDULE 13 MOSSELBAY Permitte d Period when boards may be displaye GEORGE HESSSEQUA Permitted: On show signs must be Permitted: manned by a May be sales agent in displayed, Permitted person during including working hours direction signs. for the full duration of the show Only weekends: Fri 12 h 00 - Sun 20 h 00 Also Public Holidays and Daily from 13 h 00 the day before the show commences and must be removed 12 h 00 the day Only Weekends Fri 12 h 00 – Sun 20 h 00 & Public Holidays PLETT SAMOAC Boards may ONLY be Permitted: displayed Only when within the approval is boundaries obtained or a of the “Sole” or property on “Dual” show. mandate No direction signs is permitted. Only Weekends Only Fri 12 h 00 – weekend” Sun 20 h 00 & Sat 08 h 00 – Long Sun: 8 h 00
SCHEDULE 13 ESTATE AGENT SHOW SIGNS Mossel Bay Municipality is more lenient than all surrounding Municipalities and SAMOAC with regards to “On Show” signs. There is no need for estate agents to complain considering above. SAMOAC does not permitted directions signs due to the following reasons. • Pedestrian Safety • Traffic Safety • Creating a precedent in which other industries may also insist on the display of direction signs. • Control – due to the number of direction signs involved it becomes almost impossible to regulate these board.
SCHEDULE 15 POSTERS AND NTOICES Refer to Page 93 -95 • Only a few amendments to above Schedule. • For detail refer to Pg. 93 -95 • Amendment, made to Schedule 15(8)(3), Posters relating to elections may be displayed 21 days before the election and shall be removed seven days after the election. • Amendment added to Schedule 15(8) Special Conditions: 15(8)(4) added, to make provision for posters relating to registration for elections, to be displayed 14 days prior to the date of registration period and shall be removed 14 days after the last day of registration
Refer to Page 101 -102 SCHEDULE 19 NEIGHBOURHOOD WATCH, SECURITY &FARM WATCH SIGNS • A few amendments, relaxation with regards to maximum size etc. • For detail amendments refer to Pg 101 - 102. • Neighborhood signs maximum sized, amended form 0. 5 m² to 1. 5 m²
SCHEDULE 21 ROOF SIGNS Refer to Page 105 -106 ‘‘roof sign’’ This class consists of signs which are fixed to the roof of buildings up to ten floors in height Substantial amount of existing signs exceeding the maximum size and qty permitted in current By-Law as well as max size prescribed in SAMOAC • Roof signs maximum sized increased, amended as follows: • 6 m above ground level from: Increased from 2 m² to 4 m² • 6 m - < 9 m above ground level: Increased from 4 m to 6 m² Mossel Bay Municipality SAMOAC Max Size: 6 m above ground level from: 4 m² 2 m² Max Size: 6 m above ground level from 6 m² 4 m² One sign per business with a total of two per building One sign per business with a total of 1 per building Max qty Permitted
ON PREMISES BUSINESS SIGNS SCHEDULE 25 Refer to Page 115 -118 Substantial amount of existing signs exceeding the maximum qty permitted in current By-Law. Propose Amended By-Law Current By-Law Max Qty: Multi Enterprise centre, complex Free standing panel: Combination sign structure Against boundary Wall Two signs per street front One sign per street front One per premise One per street front One per premise Max Qty: Single Enterprise Free standing panel: Combination sign structure Against Boundary Wall Max one per street front One per premise
SCHEDULE 35 TOURISM INFORMATION SIGNS Refer to Page 142 • The current By-Law only permitted that a sign may be displayed at the actual attraction for tourism • Many notices was issued for tourism signs that is displayed on other premises, than where the actual tourism attraction is. • I Needs identified with respect to promoting business growth for tourism enterprises to display a sign on another premises. • Proposed amended By-Law makes also provision that a board may be displayed at an alternative location at the closest road / street intersection.
THE END QUESTIONS
PUBLIC PARTICIPATION PROCESS
- Slides: 28