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Part 27b - Billboards 2007

Explanatory note

The purpose of this bylaw is to provide for the regulation and control of signs that fall within the definition of Billboards. Billboards have the potential to adversely affect public safety, traffic safety, heritage values and the visual amenity of the surrounding environment. However, billboards can also generate benefits for the community, including economic benefits. Council recognises that billboards in suitable locations are legitimate means of informing the public and promoting businesses, products and services.

The council wishes to ensure that the physical appearance of buildings is not adversely affected by the presence of billboards and that billboards are appropriate in terms of their effect on the surrounding environment.

The Billboards Bylaw - Part 27B controls billboard signs to protect areas with high amenity values such as residential areas, conservation areas, public open spaces, and scheduled items.

This bylaw continues with the register of billboards established under the former Part 27B to assist in the administration and enforcement of this bylaw. Details of all billboards (e.g. size, location, any consent details) will be included in the register. Registration, including the electronic register and the individually assigned registration numbers, is an administrative tool designed to assist council officers, the public and the advertising industry in monitoring compliance with the bylaw.

Compliance with this bylaw can be sought prior to obtaining a building consent, but a charge will be made for this service.

Applications may be made to the council for a dispensation for proposed billboards which do not comply with the bylaw. An application for a dispensation will be assessed by the council, having regards to the purpose of the bylaw, and the criteria contained in part 27B.4. A deposit will be taken for the application and fees charged for the officer's report and hearing costs.

Words in italics are not part of the bylaw but are for information and guidance.

Contents

Definitions

Objectives

27B.1 General requirements for billboards

27B.2 Traffic safety

27B.3 Lighting of billboards

27B.4 Dispensations for proposed non-complying billboards

27B.5 Registration of billboards

27B.6 Enforcement

Appendix 1 Assessment Criteria for Assessing Dispensation Applications

Definitions

In this Part of the bylaw unless the context otherwise requires:

Billboard means a sign which is used to advertise any services, goods or products that are not directly related to the primary use or activities occurring on the site of the sign. A billboard includes both the sign and any associated supporting device, whether permanent, temporary or movable. A billboard does not include a banner that is subject to the Signs Bylaw (Part 27) or a poster sign as defined in the Signs Bylaw. Signs that advertise loyalty rewards such as air points, fly buys or AA rewards shall be considered a billboard sign.

Billboard owner means a person or a company who owns and/or administer the billboard from time to time.

Building means any building or construction or part of a building and shall include the following: any grandstand or stadium, any fence or wall, and any veranda, bridge or other construction over a public place.

Business zone means land with a business activity zoning in the operative Auckland City District Plan (Isthmus Section).

Central Area means that area subject to the provisions of the operative Auckland City District Plan (Central Area Section).

Code Compliance Certificate means a certificate issued by a building consent authority under section 95 of the Building Act 2004.

Display face means that part of the billboard which is designed for the advertising message to be attached to, painted on or otherwise affixed.

Free standing billboard means a billboard dependent on a supporting device that has the primary function of supporting the display face from the ground.

Ground level means the actual level of the finished ground immediately below a sign.

Isthmus means that area subject to the provisions of the operative Auckland City District Plan (Isthmus Section).

Landowner means the owner of the land upon which a billboard is situated.

Precinct means a precinct in the Auckland City District Plan (Central Area Section).

Public place means every road, street, footpath, court, alley, pedestrian mall, roadway, cycle track, lane, accessway and thoroughfare, square, reserve, park, domain, beach, foreshore and recreational ground under the control of the council and for the purposes of this part includes any private land which under the Auckland City District Plan is subject to a public access easement, or private land which forms a through site link, plaza, or landscape and amenity area for which a floor area bonus has been awarded under the provisions of the Auckland City District Plan.

Register means the Register of Billboards referred to in Clause 27B.5.3.

Registration form means the form provided by council for the purpose of applying for billboard registration.

Registration number means the unique identification number assigned to a billboard in accordance with Clause 27B.5.10 of this Part.

Side Boundary means the boundary with an adjoining property which shares the same street frontage.

Sign has the meaning given in Part 27 of the bylaws.

Special character area means an area subject to a character overlay; or centre plan in the Isthmus Section of the District Plan.

Street Frontage Wall means the wall or façade of a building that is nearest to a public or private road. In the case of a curved or circular wall or building it shall be 45 degrees either side of that point of the wall that is nearest to a public or private road. In the case of a building on the intersection of two public roads it shall be both walls or façades of the building that are facing the roads.

Supporting Device means the frame or structure to which the billboard sign is fixed and any ancillary device, the principal function of which is to support the frame or structure from either the ground or any building.

Trailer means a vehicle without motive power that is capable of being drawn or propelled by a motor vehicle from which it is readily detached.

Working day means any day except:

  1. A Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, Auckland Anniversary Day and Waitangi Day; or
  2. A day in the period commencing with the 25th day of December in any year and ending with the 2nd day of January in the following year.

Objectives

The objectives of this bylaw are:

  1. To provide for the establishment of billboards in parts of the Central Area and Isthmus where they are appropriate;
  2. To avoid the location of billboards within those parts of the City which are identified as containing high visual amenity values, and in particular Residential, Special Character Areas and Open Space zones and some Central Area precincts;
  3. To control the design and location of billboards on buildings or on sites in a manner which respects the visual amenity of the site and the wider neighbourhood from which the billboard can be viewed;
  4. To avoid the placement of billboards on buildings or on sites that present a danger to public safety to ensure the structural integrity of any billboard;
  5. To ensure that billboards are placed in areas and in such a way that traffic safety is maintained; and
  6. To avoid visual dominance, adverse cumulative effects and clutter.

27B.1 General requirements for billboards

Savings Provisions

27B.1.1.1

Billboards registered under part 27B of the Auckland City Consolidated Bylaw 1998 on the date this bylaw comes into force may remain in place notwithstanding any non-compliance with this bylaw. They may be repaired, altered or maintained, provided that any such repair, alteration or maintenance does not increase the degree or extent of non-compliance with this bylaw.

27B.1.1.2

Existing billboards that are not registered under part 27B of the Auckland City Consolidated Bylaw 1998 on the date this bylaw comes into force must comply with this bylaw or be removed, within 20 working days.

Location

27B.1.2

Subject to Clause 27B.1.3 below, billboards are only permitted under this bylaw:

  1. in the Business 4, 5 and 6 zones (Isthmus); and
  2. in all parts of the Central Area except the following precincts:
  • Residential
  • Viaduct Harbour
  • Queen Street Valley
  • Transport Corridor
  • Aotea
  • Britomart
  • Victoria Park Market
  • Port
  • Tertiary Education
  • Karangahape Rd
  • Quay Park
  • Public Open Space 1, 2 and 3.

Protection of Amenity

27B.1.3

Billboards may not:

  1. Be free standing if they are situated in the Central Area;
  2. If free standing:
  1. be more than 6 metres in height above ground level or 13 metres long;
  2. be placed within 10 metres of any other billboard or free standing sign;
  3. exceed a total of 2 billboards or free standing signs on each road frontage of 80 metres or less; or 3 billboards or free standing signs on each road frontage of more than 80 metres;
  4. be placed within 2 metres of any building which is not as high as the billboard or within 2 metres of any side boundary;
  5. have more than one display face unless the display faces are parallel to each other and not more than 500mm apart;
  1. Be placed on the roof of buildings;
  2. Be placed on or over public places without the written permission of council;
  3. Be placed on a wall or part of a wall so that any part of the billboard is higher than the lowest point of the roof of the building;
  4. Be placed on a wall so as to extend beyond the outer edge of any wall of the building on which it is located;

The billboard must remain entirely within the visual profile of the building.

  1. Extend more than 200 millimetres parallel to the face of any building or structure to which it is attached;
  2. When viewed from any public place, be placed so as to obscure (partially or totally) any window or window aperture, whether glazed and usable as a window or not;
  3. Be installed on a building where any window has been altered or removed for the purposes of installing that billboard;
  4. When placed on a wall of a building exceed an area equal to 25% of the wall area or 50 square metres, whichever is the lesser;
  5. Be placed within 30 metres of a site zoned residential or open space, in the Isthmus;
  6. When mounted on the wall of a building be placed so that any part of the billboard is:
  1. more than 30 metres above ground level; or
  2. less than 3 metres above ground level; or
  3. within 3 metres of the top of any wall on any building of 7 stories or more.
  1. Be placed on a scheduled heritage building or scheduled heritage site, or within 30 metres of a scheduled heritage building or scheduled heritage site;
  2. Comprise projections of light onto walls, buildings, roads or any other public place;
  3. Comprise window film above the ground floor of any building;
  4. Emit noise, smoke, steam or other matter;
  5. Be placed on any trailer or vehicle visible from a road if the principal function of that trailer or vehicle is to display advertising material;
  6. be placed on a street frontage wall;
  7. be placed within 50 metres of the following Central Area 'gateway' intersections:
  1. Fanshawe Street and Beaumont Street;
  2. Cook St and Sale Street;
  3. Nelson Street and Union Street;
  4. Stanley Street and Parnell Rise with The Strand.
  1. be placed within 250 metres of the intersection of:
  1. Onehunga Harbour Rd and the South Western Motorway (SH20);
  2. Neilson Street and the South Western Motorway.

27B.1.4

Not more than one billboard shall be placed on a building and if a sign is placed on the wall of a building above a street verandah or more than 3 metres above ground level in the absence of a street verandah then a billboard shall not be placed on that wall.

See the Signs Bylaw for the definition of a street verandah.

27B.1.5

In the case where a billboard is placed on a circular or curved wall no other sign shall be placed within 10 metres of that billboard.

27B.1.6

Billboard structures shall be of a quality design and construction and shall be unobtrusive and recessive in their appearance.

Building consent

27B.1.7

No supporting device for a billboard may be erected until a building consent has been issued.

The issuing of a building consent for a billboard structure does not in any way indicate that the billboard will comply with this bylaw or will be registered under this bylaw.

Content

27B.1.8

The content displayed on all billboards shall comply with the Code of Ethics and any relevant Codes of Practice issued by the Advertising Standards Authority from time to time.

27B.1.9

In the event that the Advertising Standards Complaints Board upholds a complaint in relation to the content of any billboard, the owner or user of the billboard shall, within two working days, take such steps as may be necessary to give effect to the decision of the Board.

27B.1.10

A person may not place or allow to remain in place any billboard which:

  1. is discriminatory or advocates discrimination based on one or more of the prohibited grounds for discrimination set out in the Human Rights Act 1993;
  2. is objectionable within the meaning of the Films, Videos and Publications Classification Act 1993;
  3. is offensive or threatens harm;
  4. incites or counsels any persons to commit any offence;
  5. is defamatory;
  6. in relation to commercial sex premises, does not comply with the requirements of Clauses 30.5.1 and 30.5.2 of Part 30 of the bylaw.

The Advertising Standards Authority (ASA) has a number of codes that apply to the content of an advertisement. The code of ethics has rules including those on decency, offensiveness, truthful presentation, denigration and privacy. Complaints regarding the content of messages displayed on billboards must be directed to the ASA. The ASA requires complaints to be in writing to: The Secretary, Advertising Standards Complaints Board, PO Box 10-675, Wellington. Their telephone number is 0800 234 357. A copy of your complaint should be sent to the Manager Regulatory Services, Auckland City Environments, Private Bag 92516, Wellesley Street, Auckland.

27B.2 Traffic safety

27B.2.1

Billboards may not:

  1. Obstruct the line of sight of any corner, bend, intersection or vehicle crossing, as measured according to Appendix 2.8 of the LTNZ/Transit NZ document "Road and Traffic Standards 7 - Advertising Signs and Road Safety: Design and Location Guidelines" current as at 1 March 2007 ("RTS7");
  2. Obstruct or impair the display of any permanent regulatory or advisory traffic sign or parking sign or traffic signal;
  3. Obstruct, obscure or impair the safe passage of pedestrians, cyclists or persons in wheelchairs or mobility scooters.

27B.2.2

If any proposed billboard:

  1. will use or display variable images, flashing or revolving lights, or lasers;
  2. will be placed within 10 metres of any traffic signals or traffic signs; or
  3. will be located within a road boundary;

then the billboard owner must provide the council with a Traffic Engineering Report from a Chartered Professional Traffic Engineer to confirm the traffic safety of the proposed billboard prior to construction. In preparing the report, the Traffic Engineer shall consider all factors relevant to traffic safety including the criteria contained in this bylaw. The Traffic Engineering Report may be peer reviewed by council prior to council's decision on a registration application or a dispensation application.

27B.2.3

If any proposed billboard will be visible from any road or motorway with a posted speed limit of 70km/h or more, and is placed within 50 metres of the same, then prior to construction the billboard owner must provide council with a Traffic Engineering Report from a Chartered Professional Traffic Engineer to confirm the traffic safety of the proposed billboard prior to council's decision. In preparing the report, the Traffic Engineer shall consider the following factors:

  1. The angle of orientation of the billboard, having regard to Section 4.5 and Appendix 2.2 of RTS7;
  2. The minimum advance visibility to the billboard, having regard to Appendix 2.1 of RTS7; and
  3. The minimum distances between adjacent roadside billboards, having regard to Appendix 2.7 of RTS7.

Content of billboard

27B.2.4

Any image displayed on a billboard may not:

  1. Resemble or be likely to be confused with any traffic sign or signal;
  2. Use reflective materials, which produce more than 800 cds/m2;
  3. Invite drivers to turn so close to a turning point that there would be insufficient time to signal and turn safely. For the purposes of this criterion, any billboard that includes such a message and is at least 100m in advance of any such turning point is deemed to be acceptable.

27B.2.5

Where any billboard is visible from any road or motorway with a posted speed limit of 70km/hr or more, and is placed within 50 metres of the same, the image displayed on the billboard must comply with the lettering height guidelines set out in Table 2.3 of RTS7.

27B.3 Lighting of billboards

Brightness levels

27B.3.1

No illuminated billboard shall produce more than 800 cds/m2 (cds/m2 = candelas per square metre).

Light source not to be visible

27B.3.2

With the exception of neon lighting, the filament used to light any billboard may not be visible to traffic.

Upward facing lights

27B.3.3

No billboard shall be lit by upward facing lights.

Note that additional lighting controls on spill and glare are also contained in part 13 of council's bylaws and must be complied with.

27B.4 Dispensations for proposed non-complying billboards

27B.4.1

Proposed billboards which do not comply:

  1. with the location requirements in Clause 27B.1.2; or
  2. with the protection of amenity requirements in Clause 27B.1.3; or
  3. with the traffic safety requirements in Clause 27B.2; or
  4. with the lighting requirements of clause 27B.3;

may be the subject of an application to the council for a dispensation from those requirements under this clause.

27B.4.2

Billboards that fail to comply with the requirements of:

  1. clause 27B.1.8; or

Compliance with codes of practice of the Advertising Standards Authority

  1. clause 27B.1.9; or

Decisions of the Advertising Standards Complaints Board

  1. clause 27B.1.10;

Discriminatory, offensive, objectionable, defamatory signs etc

may not be the subject of an application for a dispensation.

27B.4.3

Applications for a dispensation shall be made to the council in writing, providing all relevant details of the proposed billboard and addressing the criteria in 27B.4.4. Clause 1.10.1 of Part 1 of the council's bylaws shall not apply to such applications.

27B.4.4

Applications for dispensation from the requirements of Clauses 27B.1.2, 27B.1.3 27B.2 and 27B.3 must be assessed against the following:

  1. the assessment criteria in Appendix 1 to this bylaw;
  2. if the billboard is to be lit:
  1. the effects lighting will have on other adjacent properties especially those with a residential use;
  2. how spill lighting will be controlled to protect other properties and the night sky;
  1. Whether or not it is possible to comply with the bylaw and, if not, the reasons for the inability to comply;
  2. Whether full compliance would needlessly and injuriously affect any person or business, without a corresponding benefit to the public.

27B.4.5

The council may decline or grant a dispensation, subject to any conditions (including a condition as to duration) as it considers appropriate having regard to the criteria in Clause 27B.4.4.

27B.4.6

The council shall within 30 working days of receiving all necessary information from the applicant, provide a written copy of its decision to grant or decline a dispensation, including the reasons for the decision. The council will notify the applicant within 5 working days of the time, date and location at which a verbal decision will be made a council committee or subcommittee on a dispensation application.

Dispensation expiry

27B.4.7

Where any billboard has been the subject of a dispensation granted by council, the owner may apply for a new dispensation no later than three months before the expiry of the original dispensation (except where the billboard is in a special character area). The billboard may remain in place under the original dispensation until the application for the new dispensation has been determined by the council.

27B.4.8

Where council grants a dispensation pursuant to Clause 27B.4.5, the billboard subject to the dispensation must be erected within 6 months or the dispensation will lapse.

27B.4.9

Where council grants a dispensation pursuant to Clause 27B.4.5 this dispensation shall be granted for a minimum of 5 years and for a maximum of 10 years from the date of granting, unless the applicant seeks a lesser period.

27B.5 Registration of Billboards

Application

27B.5.1

Clauses 27B.5.3 and 27B.5.5 to 27.B.5.19 apply to all billboards in Auckland City with an area of more than 12 square metres erected after this bylaw comes into force.

27B.5.2

Clauses 27.B.5.3, 27.B.5.4 and 27B.5.13 to 27B.5.19 apply to all billboards erected in Auckland City before this bylaw comes into force.

Register of Billboards

27B.5.3

Council shall maintain an electronic register entitled the Register of Billboards, recording the location and details of all billboards in Auckland City.

Deemed Registration of existing Billboards

27B.5.4

Any billboard registered under part 27B of the Auckland City Consolidated Bylaw 1998 on the date this bylaw comes into force shall be deemed to be registered under this bylaw.

Procedure for registration of new billboards

27B.5.5

Within 15 working days of a billboard being erected, the Billboard Owner shall apply for the registration of the billboard in the manner prescribed by clause 27B.5.8. Any billboard which has not been the subject of application within 15 working days of erection shall be deemed a non-complying billboard and subject to the provisions of Clause 27B.6 of this bylaw.

27B.5.6

No advertising material may be displayed until the registration process has been completed and the registration number (under clause 27B.5.10) has been affixed to the billboard.

27B.5.7

A billboard erected after this bylaw comes into force which is the subject of an application for registration must either:

  1. Comply in all respects with this bylaw; or
  2. Have a dispensation under clause 27B.4 in respect of any non-compliance with this bylaw.

27B.5.8

The Billboard Owner must file with the council an application for registration specifying the following information:

  1. The name of the Billboard Owner;
  2. The name of the landowner and occupier or occupiers;
  3. The address on which the billboard is located, or any related address(es) if the land is situated on a road reserve;
  4. The certificate of title and lot number of the site or any associated address(es) or such other legal description as may be appropriate;
  5. The size and description and location of the billboard;
  6. Dimensions, elevations and site plans explaining the physical location of the billboard on the site;
  7. Any dispensation that applies to the billboard, and under which rule the dispensation was granted and the expiry date of any dispensation or resource consent applicable to the billboard;
  8. A photograph of the billboard at a quality that allows a clear colour photograph to be reproduced on A4 sized paper;

The photograph may be supplied digitally.

  1. The relevant building consents, and code compliance certificates;
  2. Any traffic engineering report required for the billboard.

27B.5.9

 In the event that the information supplied is considered insufficient to enable the processing of the application, the council shall advise the Billboard Owner forthwith requesting the further information that is considered necessary. If this further information is not supplied within 20 days of it being requested, council may take action to remove the billboard pursuant to 27B.6.

27B.5.10

Within 20 working days of being satisfied that the information required by Clause 27B.5.8 has been supplied and that the billboard complies with this bylaw or has a dispensation in respect of any non-compliance, the council shall:

  1. Assign a unique identification number ("registration number") to the billboard;
  2. Advise the Billboard Owner of the registration number;
  3. Enter the billboard on the Register of Billboards.

27B.5.11

The registration number issued under Clause 27B.5.10 shall apply only to the location on the site in respect of which it is issued and the billboard for which it was issued, provided that the registration can be transferred to a new billboard of the same orientation, dimensions and location on the site constructed within 60 working days of the removal of the original billboard. The registration number may not be transferred or assigned to any other site or location.

Costs

27B.5.12

The council may charge a fee for processing registration applications for billboards erected after this bylaw comes into force.

Effect of Registration

27B.5.13

The effect of registration under this bylaw, in respect of either:

  1. A billboard erected after this bylaw comes into force and registered under this bylaw; or
  2. A billboard erected before this bylaw comes into force and deemed to be registered under this bylaw;

is to certify that the billboard is lawful in terms of this bylaw as at the date of registration.

Alteration of register

27B.5.14

On the removal of a billboard structure, change of the Billboard Owner or otherwise or upon becoming aware of any other information which may render the Register inaccurate in relation to any billboard, the Billboard Owner shall within 20 working days advise council of the accurate position.

27B.5.15

The registration of any billboard established pursuant to a dispensation shall cease upon the expiry of the dispensation.

27B.5.16

Where a billboard structure has been removed, except pursuant to Clause 27B.5.11, all rights to the use of the registration number granted to that billboard shall cease.

27B.5.17

Where a billboard has not displayed an image for a period of 3 months or more, all rights to the use of the registration number granted to that billboard shall cease.

27B.5.18

Where clauses 27B.5.14, 27B.5.15, 27B.5.16 or 27B.5.17 apply the council shall alter the Register accordingly.

27B.5.19

The council may alter the Register where it discovers that the information on which it based a decision to register a billboard, either under this bylaw or under part 27B of the Auckland City Consolidated Bylaw 1998, was misleading or contained an inaccuracy that materially influenced its decision to register the billboard. Where the council alters the register under this clause all rights to use the registration number granted to that billboard shall cease.

27B.6 Enforcement

Power to remove, cover, alter

27B.6.1

The council, in its discretion, may remove, alter or cover a billboard that does not comply with this bylaw, and may recover the cost of doing so in accordance with section 163 of the Local Government Act 2002.

27B.6.2

Before acting under clause 27B.6.1 the council may, but need not, give the billboard owner an opportunity to remedy the non-compliance with this bylaw.

Notice of immediate removal

27B.6.3

Where an authorised officer considers:

  1. that the health or safety of the public requires the immediate removal of a billboard; or
  2. that a billboard interferes with or in any way obstructs the right of any network utility operator authorised by any Act or by the District Plan, to construct, place, maintain, alter, or remove, or otherwise deal with any network utility service within a road or public place;

the authorised officer may by written notice require the billboard owner, or the owner or occupier of the site or premises on which the billboard is located, to immediately remove or alter the billboard at that person's expense.

27B.6.4

Where provisions in this bylaw are breached by any person acting as the agent (including any contractor) or employee of another person, that other person shall, without prejudice to the liability of the first-mentioned person, be liable for the breach in the same manner and to the same extent as if he, she, or it had personally committed the breach.

Appendix 1: Assessment Criteria for Assessing Dispensation Applications

  1. Whether the proposal is consistent with the objectives of this bylaw.
  2. The impact of the proposal on the visual amenity of the locality. In undertaking this assessment, the following matters shall be taken into account:
  1. any relevant urban design guidelines or Centre Plans;
  2. any relevant urban design assessment criteria of the District Plan;
  3. the extent to which the size, proportion and location of any billboard detracts from the character of any public place from which it can be seen, including the characteristics of the streetscape, natural environment, landscaping and open space;
  4. the extent to which a billboard is visible and dominates views from any residential zone, residential precinct or residential land unit;
  5. where placed on a building, the extent to which the proposed billboard appears as an integrated element of that building such that it respects, and positively relates to, structural bays, structural elements, architectural features, building proportions and the overall design of the building;
  6. the extent to which the structure of any free-standing billboard impacts on the visual amenity of the area. Structures should be simple and visually recessive in terms of form and colour and of a design to discourage access for graffiti on the image displayed. The billboard should be visually integrated with the existing built and natural environment;
  7. the extent to which the proposed billboard, in conjunction with existing billboards within the same visual catchment, creates adverse cumulative effects;
  8. the extent to which the billboard detracts from the visual qualities of any scheduled heritage building or site, located within the same visual catchment, that are fundamental to the reasons for the heritage listing.
  1. Traffic safety; having regard to the requirements of Clause 27B.2 of this Part.
  2. Where the provisions of Part 27B.3 of this bylaw are not complied with, the impact of the proposed billboard on traffic safety, public safety and the visual amenity of the immediate locality.