The City of Cape Town is calling on residents and interested and affected parties to comment on the draft Outdoor Advertising By-law. The intention of the by-law is to regulate the use of land and buildings for outdoor advertising and signage.

The draft by-law is available for public comment from 1 June to 31 July 2021. Please go to www.capetown.gov.za/haveyoursay to get access to the by-law and to make comments.

The purpose of the draft Outdoor Advertising By-law is to regulate outdoor advertising in a manner that facilitates economic opportunities but is also sensitive to Cape Town’s natural and cultural environment. Each area within the city has unique visual, historical and cultural appeal, and this must be taken into account in the permitting of outdoor advertising.

‘We need to find a balance between outdoor advertising opportunities and its contribution to our local economy, innovation potential and job creation prospects, and the need to conserve the visual, tourist, traffic, safety, environmental and heritage characteristics of Cape Town. What is appropriate in one area, may be inappropriate in another, depending on the qualities that are unique to the area where the outdoor advertising will be placed and the type of sign,’ said the City’s Mayoral Committee Member for Spatial Planning and Environment, Alderman Marian Nieuwoudt.

Once approved, the draft Outdoor Advertising By-law will replace the 2001 Outdoor Advertising and Signage By-law which is now dated and not responding to new trends in advertising and associated technologies.

Thus, the draft Outdoor Advertising By-law is intended to:

address the new trends and technologies in outdoor advertising

include specific provisions to accommodate digital and electronic screens

clarify ambiguous language

reduce red tape

expand provisions for upfront or as-of-right approvals of advertising signs

provide for sponsored murals

address the regulatory gap created by digital signage technologies

support non-profit organisations to derive an income from outdoor advertising

enhance regulatory enforcement, compliance, and cost-effectiveness

determine the procedures and criteria when obtaining approval for outdoor advertising

provide for an appeal process against the outcome of a decision made in terms of the by-law

provide for fines and penalties applicable to those who contravene the by-law

‘The use of digital and electronic screens in outdoor advertising is now a worldwide trend. The new by-law needs to address this, given our sensitive environment and with Table Mountain being the backdrop to the city landscape. The new by-law proposes luminance guidelines and will enable the City to better control the illumination of signs, brightness, and the impact on the surrounding environment,’ said Alderman Nieuwoudt.

Included in the by-law is a schedule indicating areas of control where the City applies maximum, partial, and minimum control.

The potential for outdoor advertising and the sign types to be considered are determined by permitting certain sign types in certain areas of control. Control measures are applied by means of approval or refusal, and by means of general and specific conditions and requirements.

Proposed areas of maximum control include, among others:

natural areas like proclaimed nature reserves, beaches and sea shores, wetlands;

rural areas such as small holdings, large private open spaces, scenic drives, City parks;

and within the urban areas it includes heritage sites and locations that fall within a Heritage Protection Overlay Zone, residential zones, public open spaces

Partial control will be exercised in central business districts, mixed use commercial and residential areas, commercial and business districts, entertainment districts, sportsfields and stadiums.

Minimum control will be exercised in industrial zones, designated transportation terminals, and other specific areas or sites, among others.

‘Billboards and advertisements in public places, or on land and buildings visible to the public, have a visual impact on its surroundings. Outdoor advertising signs should be placed where they are most compatible with the surroundings, and where they do not adversely impact on the visual appeal of scenic drives, and unique or sensitive areas. At the same time, the by-law seeks to open up advertising possibilities in industrialised areas and where you would normally find businesses. Thus, we want to support commercial and industrial business development as well,’ said Alderman Nieuwoudt.

The type of sign will determine the impact it may have on the area where it is displayed. Of further importance is the nature of the local character of the area. In terms of the draft by-law, these are considerations the City will take into account to determine the suitability of the sign.

The by-law addresses all types of outdoor advertising, among which: billboards; freestanding signs; window signs; sky signs; roof signs; signs on a veranda, balcony, canopy, columns, pillars and posts; signs on boundary walls and fences, construction site signs and development boards; newspaper headline posters; advertising on banners, flags, balloons, inflatables, and lamp pole swivel banners; posters; property marketing signs; portable signs; aerial signs; transit advertising for non-profit events; signs on City owned land or buildings; signs by or for the benefit of non-profit bodies; and sponsored murals.

Also, outdoor advertising and signs should not compromise the safety and flow of traffic – be it vehicular or pedestrian traffic, nor should it have an adverse effect on the local character by way of appearance, size, or illumination.

Comments, recommendations and input may be submitted by:

email: outdoorsignage@capetown.gov.za

online: www.capetown.gov.za/haveyoursay

‘I encourage those in the outdoor advertising industry to use this opportunity to submit innovative suggestions. Your expert advice is appreciated and valued. I am also calling on all residents to please read the draft by-law and to submit comments and proposals. We are eager to receive your input and have made available a 60-day period for comments, as opposed to the statutory required 30 days,’ said Alderman Nieuwoudt.

Source: City Of Cape Town