northern rockies regional municipality sign bylaw no. 73, 2012

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Northern Rockies Regional Municipality Sign Bylaw No. 73, 2012 Northern Rockies Regional Municipality Sign Bylaw No. 73, 2012 A Bylaw of the Northern Rockies Regional Municipality to regulate signage through the maintenance and enhancement of the aesthetic environment, improvement in the ability to attract sources of economic development and growth, and to protect persons from injury and property from damage within the Regional Municipality. WHEREAS pursuant to Section 908 of the Local Government Act, Council may regulate the number, size, type, form, appearance, and location of any signs, AND WHEREAS pursuant to Section 65 of the Community Charter, Council may regulate the erection of signs; AND WHEREAS pursuant to Section 8(4) of the Community Charter, Council may regulate the erection, placing, alteration, maintenance and removal of signs, sign boards, advertisements, advertising devices and Structures. NOW THEREFORE the Council of the Northern Rockies Regional Municipality, in open meeting assembled, hereby enact as follows: 1. Citation This Bylaw may be cited as the Sign Bylaw. 2. Schedules The following schedules attached hereto are hereby made part of this Sign Bylaw and adopted as the Sign Bylaw for the Northern Rockies Regional Municipality: Schedule A Maps Schedule B Permitted Signs by Type and Location Schedule C Penalty Schedule Schedule D Example Diagrams 3. Repeals The following is hereby repealed: “Section 6 – Signage” of the The Town of Fort Nelson Northern Rockies Regional District Zoning Bylaw No. 729, 2008. 4. Severability If any provision of this Sign Bylaw is found invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Sign Bylaw.

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Northern Rockies Regional Municipality Sign Bylaw No. 73, 2012

Northern Rockies Regional Municipality Sign Bylaw No. 73, 2012

A Bylaw of the Northern Rockies Regional Municipality to regulate signage through the maintenance and enhancement of the aesthetic environment, improvement in the ability to attract sources of economic development and growth, and to protect persons from injury and property from damage within the Regional Municipality.

WHEREAS pursuant to Section 908 of the Local Government Act, Council may regulate the number, size, type, form, appearance, and location of any signs, AND WHEREAS pursuant to Section 65 of the Community Charter, Council may regulate the erection of signs; AND WHEREAS pursuant to Section 8(4) of the Community Charter, Council may regulate the erection, placing, alteration, maintenance and removal of signs, sign boards, advertisements, advertising devices and Structures. NOW THEREFORE the Council of the Northern Rockies Regional Municipality, in open meeting assembled, hereby enact as follows: 1. Citation

This Bylaw may be cited as the “Sign Bylaw”.

2. Schedules

The following schedules attached hereto are hereby made part of this Sign Bylaw and adopted as the Sign Bylaw for the Northern Rockies Regional Municipality: Schedule A – Maps Schedule B – Permitted Signs by Type and Location Schedule C – Penalty Schedule Schedule D – Example Diagrams

3. Repeals

The following is hereby repealed: “Section 6 – Signage” of the The Town of Fort Nelson Northern Rockies Regional District Zoning Bylaw No. 729, 2008.

4. Severability

If any provision of this Sign Bylaw is found invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Sign Bylaw.

Northern Rockies Regional Municipality Sign Bylaw No. 73, 2012

READ a first time this 11th day of June, 2012. READ a second time this 11th day of June, 2012. READ a third time this 11th day of June, 2012. Adopted this 9th day of July, 2012 ___________________________ ______________________________ Bill Streeper, Mayor Heather Cosman, Corporate Manager

TABLE OF CONTENTS Sign Bylaw No. 73, 2012 Page | 1

TABLE OF CONTENTS Page No.

SECTION 1: Definitions ...............................................................................................................................3

1.1 DEFINITIONS .....................................................................................................................................3

SECTION 2: Administration and Enforcement ..............................................................................................7

2.1 PURPOSE ...........................................................................................................................................7

2.2 ADMINISTRATION .............................................................................................................................7

2.3 INTERPRETATION ..............................................................................................................................7

2.4 REMOVAL OF SIGNS ..........................................................................................................................7

2.5 ABANDONED SIGNS ..........................................................................................................................7

2.6 INSPECTIONS, ENFORCEMENT AND PENALTIES ...............................................................................8

SECTION 3: Permits, Procedures and Fees ...................................................................................................9

3.1 SIGNS NOT REQUIRING PERMITS .....................................................................................................9

3.2 PERMIT APPLICATION, PROCEDURE, AND FEES ............................................................................ 11

3.3 DEVELOPMENT VARIANCE PERMIT ............................................................................................... 12

SECTION 4: General Regulations ............................................................................................................... 13

4.1 GENERAL REGULATIONS ................................................................................................................ 13

4.2 MAINTENANCE OF SIGNS .............................................................................................................. 13

4.3 GENERAL DESIGN AND CONSTRUCTION STANDARDS ................................................................... 14

4.4 SIGNS ON PUBLIC RIGHT-OF-WAY ................................................................................................. 14

4.5 NON-COMFORMING SIGNS AND BYLAW CONFLICT ...................................................................... 14

4.6 EXEMPTIONS.................................................................................................................................. 15

SECTION 5: Non-Compliant Signs .............................................................................................................. 16

5.1 NON-COMPLIANT SIGNS ................................................................................................................ 16

SECTION 6: Regulation of Signs By Physical Type ....................................................................................... 17

6.1 BANNER SIGNS ............................................................................................................................... 17

6.2 BUSINESS DIRECTORY SIGNS FOR MULTIPLE BUSINESSES & ORGANISATIONS ............................. 17

6.3 CANOPY SIGNS ............................................................................................................................... 18

6.4 FASCIA SIGNS ................................................................................................................................. 18

6.5 FREESTANDING SIGNS ................................................................................................................... 19

6.6 PROJECTING SIGNS ........................................................................................................................ 20

TABLE OF CONTENTS Sign Bylaw No. 73, 2012 Page | 2

6.7 ROOF SIGNS ................................................................................................................................... 20

6.8 UNDER CANOPY SIGNS .................................................................................................................. 21

6.9 WINDOW SIGNS ............................................................................................................................. 21

SECTION 7: Development Permit Area Sign Requirements ........................................................................ 22

7.1 COMPREHENSIVE SIGN PLAN ........................................................................................................ 22

7.2 DEVELOPMENT PERMIT AREAS ..................................................................................................... 22

SCHEDULE A: MAPS ...................................................................................................................................... 23

SCHEDULE B: PERMITTED SIGNS BY TYPE AND LOCATION TABLE ................................................................... 25

SCHEDULE C: PENALTIES ............................................................................................................................... 26

SECTION 1 DEFINITIONS Sign Bylaw No. 73, 2012 Page | 3

SECTION 1: Definitions

1.1 DEFINITIONS

1.1.1 The following definitions shall apply throughout this Bylaw:

Abandoned Sign - means a Sign located on a property which becomes vacant and unoccupied for a period of ninety (90) days or more, or any Sign which pertains to a time, event or purpose which no longer applies; Awning – means a covering providing shelter supported directly from the exterior wall of a Building and composed of non-rigid materials except for the supporting framework; Banner Sign – means a Sign made up of lightweight fabric or similar material which can be hung from a Building face or on a Structure; Billboard Sign - means a Sign supported by one or more uprights, braces or pylons, which stands independently of a Building and contains advertising copy not related to the Lot upon which the Billboard Sign is located; Building - means a Structure having a roof supported by columns or walls used for the shelter or accommodation of persons, animals, chattels or property of any kind and having a fixed base on or fixed connection to the ground; includes a Mobile Dwelling when so affixed; Business Directory Sign – means a Sign or group of Signs that may be free standing or attached to the Building, which indicate a business or businesses located on one property; Building Inspector- means the person(s) appointed by Council to administer the Building Bylaw; Bylaw Enforcement Officer – means any person employed by the Northern Rockies Regional Municipality for the purpose of enforcement of municipal bylaws, the Director of Community Planning and Development, the Building Inspector, the Chief Administrative Officer or any staff appointed by the Chief Administrative Officer, a Peace Officer, or a member of the Royal Canadian Mounted Police; Canopy – means a rigid Structure, other than an awning, that is entirely supported by a Building and that projects from the Building to provide shelter from the weather; Canopy Sign - means a Canopy or Awning which projects from a Structure or Building and displays a Sign advertising the Building or proprietor; Construction Sign – means a Sign used to identify the Owner, general contractor, sub-trades, architect, engineers and others associated with the design, planning and construction of a Building under construction;

SECTION 1 DEFINITIONS Sign Bylaw No. 73, 2012 Page | 4

Copy Area – means the entire face of a Sign including the advertising surface and any framing, trim, or moulding but not including the supporting Structures;

Copy Area Illustration:

Community Event Sign – means any Sign advertising an activity sponsored by a registered non-profit corporation or Government organisation erected on a road right-of-way; Council – means the Regional Council of the Northern Rockies Regional Municipality; Director- unless otherwise indicated means the Director of Community Planning and Development or his or her designate; Fascia Sign - means a wall Sign mounted parallel for its whole length to the face of the Building to which it is attached with a vertical dimension not exceeding 1.5 m; Freestanding Sign - means a Sign supported by one or more uprights, braces or pylons which stands independently of a Building and contains advertising copy related to the Lot upon which the Freestanding Sign is located; Frontage - means a boundary shared by the front Lot Line of a Lot and a Highway, excluding a lane. On a Corner Lot, the Frontage shall be considered to be the shorter of the Highway boundaries, regardless of the direction the Buildings on the Lot are to face. Height - means in relation to Buildings and Structures, the vertical distance measured from the Building Grade to the highest point of a Building; excluding an elevator housing, a mechanical housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall, a parapet wall, a flagpole or any similar device not structurally essential to the Building; Highway - means any street, road, cul-de-sac, lane, bridge, viaduct and any other way open to public use, but does not include a private right-of-way on private property; Lot - means a single Lot of land registered as such in the Land Title Office and shall include a strata Lot created by bare land strata subdivision, but does not include a strata Lot within a building strata plan. Lot Line - means the line bounding a Lot, dividing one Lot from another or from a street or any public place. Neighbourhood Sign – means a Freestanding Sign that identifies a residential community.

SECTION 1 DEFINITIONS Sign Bylaw No. 73, 2012 Page | 5

Non-Conforming Sign- means a Sign lawfully erected with a permit prior to the adoption of this bylaw that does not conform to the requirements of this bylaw; Owner shall include:

(a) The registered Owner of the Lot in fee simple, in respect of real property; (b) The occupier of the Lot; and (c) The Owner of a Sign.

Political Sign – means a Sign including only messages relating to a public election or referendum; Portable Sign - means a Sign mounted on a frame or on a trailer, stand or similar support which together with the support can be moved from one location to another, and may include a copy that can be changed manually through the use of detachable characters; Projecting Sign - means a Sign other than a Canopy Sign which is attached to and projects at right angles from a Structure or a Building face or wall; Real Estate Sign - means a Sign indicating that the real property on which the Sign is located is for sale or lease; Roof Sign - means any Sign erected upon, against or directly above a roof, on top of or above the parapet wall of a Building; Sandwich Board Sign - means a Portable Sign that is not illuminated and consists of two flat surfaces joined at one end; Sign or Signage - means any object, device, display, or Structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organisation, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colours, illumination, or projected images but not including a traffic control device or a Sign placed by the Regional Municipality; Sign Area - means the area of the entire face of a Sign, including the advertising surface and any framing, trim or moulding but not including the supporting Structure; Sign Structure - means a Structure constructed for the purpose of supporting a Sign; Structure - means anything constructed on or fixed to the ground, supported by or sunk into land or water, excluding asphalt or concrete or similar surfacing of a Lot, and excludes retaining walls, fences, and landscaping elements; Temporary Sign - means a Sign which is displayed for a limited period of time in accordance with this bylaw; Under Canopy Sign - means a Sign which is attached to the bottom face of a Canopy or other horizontal surface and supported by that Structure;

SECTION 1 DEFINITIONS Sign Bylaw No. 73, 2012 Page | 6

Window Sign – means any Sign either attached on the inside or outside of a window for the purpose of viewing from outside the premises. This term does not include merchandise located in a window; Zoning Bylaw – means The Northern Rockies Regional Municipality Zoning Bylaw, No. 66, 2012, as amended from time to time. Other italicized terms in this Bylaw are defined in the Northern Rockies Regional Municipality Zoning Bylaw No. 66, 2012

SECTION 2: Sign Bylaw, No.73, 2012 Page | 7 ADMINISTRATION AND ENFORCEMENT

SECTION 2: Administration and Enforcement

2.1 PURPOSE

2.1.1 This bylaw shall be for the following purposes:

a) To maintain and enhance the aesthetic environment of the Northern Rockies Regional Municipality as a whole, and to protect the appearance of the various zones within the Northern Rockies Regional Municipality;

b) To improve the Northern Rockies Regional Municipality’s ability to attract sources of economic development and growth;

c) To afford the business community equal and fair opportunity to advertise and promote its products and services without discrimination;

d) To improve pedestrian and vehicle traffic safety; and

e) To protect persons from injury and property from damage.

2.2 ADMINISTRATION

2.2.1 All administration of permits under this Bylaw shall be delegated to the Director.

2.3 INTERPRETATION

2.3.1 Metric dimensions are used for all measurements in this Bylaw.

2.4 REMOVAL OF SIGNS

2.4.1 Any Sign unlawfully occupying a portion of Highway or public place may be removed by the Director or his/her designate, or a Bylaw Enforcement Officer of the Northern Rockies Regional Municipality.

2.5 ABANDONED SIGNS

2.5.1 Any obsolete or Abandoned Sign or Sign Structure shall be removed by the Owner of the Sign or the Lot within thirty (30) days of becoming obsolete or within seven (7) days of being notified by the Director or his/her designate, or Bylaw Enforcement Officer.

2.5.2 Any obsolete or Abandoned Sign or Sign Structure which advertises, or publicizes a business or undertaking that no longer exists at the Lot or business on which the Sign is located or pertains

SECTION 2: Sign Bylaw, No.73, 2012 Page | 8 ADMINISTRATION AND ENFORCEMENT

to a product which is no longer being marketed within the area, the Sign shall be deemed obsolete and if the holder of the permit or the Owner fails to remove that Sign or Sign Structure, the Sign or Sign Structure, or both, shall be removed by the Municipality at the sole expense of the holder of the permit or the Owner.

2.5.3 Historic Signage may be exempt from Section 2.5.1 upon recommendation of the Director and approval from Council.

2.6 INSPECTIONS, ENFORCEMENT AND PENALTIES

2.6.1 The Director or his/her designate and a Bylaw Enforcement Officer are authorized under Section 264(1)(b) of the Community Charter to enter, at all reasonable times, upon any property to ascertain whether or not the regulations or directions in this Bylaw are being obeyed.

2.6.2 A person shall not obstruct the Director or his/her designate from entering any property at a reasonable time, to ascertain whether or not there has been a violation of this Bylaw.

2.6.3 This bylaw may be enforced by means of a notice in the form prescribed under the Local Government Bylaw Notice Enforcement Act.

2.6.4 Any person who contravenes any provision or requirements of this bylaw is guilty of an offence and is liable for and subject to the penalties listed in Schedule C: Penalties.

2.6.5 A fee, as prescribed in Schedule C: Penalties, plus the costs of removal shall be payable by the owner of the subject property for recovery of any Sign in contravention of the provisions of this bylaw. If a Sign is not recovered within thirty (30) days of removal, the Director or his/her designate or a Bylaw Enforcement Officer may sell the Sign at public auction.

2.6.6 Any person who has been issued a ticket as being in contravention of any provision of this bylaw and wishes to dispute the allegation, may give notice in person of the dispute, or deliver, have delivered, or mail a notice of dispute within 21 days to the Northern Rockies Municipal Office, 5319 – 50th Avenue South, Fort Nelson BC, V0C 1R0.

SECTION 3: Sign Bylaw No. 73, 2012 Page | 9 PERMITS, PROCEDURES, AND FEES

SECTION 3: Permits, Procedures and Fees

3.1 SIGNS NOT REQUIRING PERMITS

3.1.1 The following Signs do not require Sign permits:

a) In all zones except Residential Zones, a Sign which is posted or exhibited inside a Building, provided that the Sign is not visible from a Highway;

b) A Sign posted or exhibited in or on a motor vehicle if the vehicle is not temporarily or permanently parked solely for the purpose of displaying the Sign;

c) A statutory or official notice of a function of, or activity lawfully allowed to be undertaken by, the Regional Municipality;

d) The erection of Political Signs for federal, provincial, municipal, or school board elections on a private Lot for no more than thirty (30) days, or such other time as regulated under provincial or federal legislation provided that:

i. Such Signs are removed, or caused to be removed by the Owner of the Lot on which the Sign is situated, ten (10) days after the election date;

ii. The consent of the Lot Owner is obtained;

iii. Such Signs do not obstruct or impair vision or traffic; and

iv. Such Signs are not attached to utility poles.

e) A Temporary Sign if the Temporary Sign:

i. Is limited to advertising a lawn sale or garage sale;

ii. Is located on private property or is to be situated within a roadway right-of-way or other public property designated for such purposes by resolution of Council;

iii. Has a Sign Area of 0.55m² or less; and

iv. Is removed within 72 hours of being erected on the Lot.

SECTION 3: Sign Bylaw No. 73, 2012 Page | 10 PERMITS, PROCEDURES, AND FEES

f) A Real Estate Sign advertising the location of land or a Building or a portion thereof for sale, lease, or rental with the name/logo of the associated realtor(s)/real estate company(ies) provided that:

i. Each Sign is 3.0m² or less in Sign Area;

ii. No more than two Signs are posted on the same Lot, each facing a different Highway; and

iii. The Signs are removed not later than two weeks after the date on which the land or Building to which the Signs pertain is sold, leased, rented, or otherwise taken off the market.

g) One (1) non-illuminated Fascia Sign or nameplate to identify a Home Based Business not greater than 0.275m² in area placed within or flat against the Dwelling Unit.

h) A Construction Sign relating to construction work in progress on the Lot which the Sign is erected provided that:

i. Such Signs are removed within fourteen (14) days of occupancy; and

ii. Such Signs are limited to a Sign Area of 4.0m² and limited to one (1) Sign for each boundary of the Lot which fronts onto a Highway.

i) A community-oriented and/or public service-type Temporary Sign that does not cross above a Highway.

j) Unless otherwise specified in this, or any other, Bylaw, Portable Signs and Sandwich Board Signs are permitted in all Rural Residential, Agricultural, Commercial and Industrial Zones, subject to the following criteria:

i. Portable Signs and Sandwich Board Signs are not permitted in RS-1, RS-2, RS-3, and RM-1 Zones

ii. Any support Structure for a Portable Sign or Sandwich Board Sign shall be set back a minimum of 1.0m from any Lot Line and no part of the Sign shall encroach onto an adjacent Lot or Highway right-of-way.

iii. Only one (1) Portable Sign or Sandwich Board Sign shall be displayed on a Lot and no Portable Sign shall exceed 1.0m in Height. The area of the Sign shall not exceed 3.0m².

SECTION 3: Sign Bylaw No. 73, 2012 Page | 11 PERMITS, PROCEDURES, AND FEES

iv. A Portable Sign or Sandwich Board Sign shall not be placed on a Lot so as to conflict with parking, loading or walkway areas.

v. A Portable Sign or Sandwich Board Sign shall not be placed on a Lot for more than fourteen (14) consecutive days and for no more than forty two (42) days in any one calendar year.

3.2 PERMIT APPLICATION, PROCEDURE, AND FEES

3.2.1 Unless otherwise provided for by this bylaw, or as may be otherwise provided for in a Development Permit or Development Variance Permit, a Sign shall only be placed, constructed, reconstructed, moved, altered, or repaired in the Regional Municipality if specifically permitted by the provisions of this Bylaw and if a Sign Permit has been issued by the Director.

3.2.2 Every applicant for a Sign Permit shall provide all information as prescribed in the Sign Permit Application Form and shall be accompanied by the applicable fee as prescribed in the current Municipality’s Fees Bylaw.

3.2.3 The Director may refuse to issue a permit for any Sign:

a) If the proposed Sign advertises a business or use which is contrary to the Zoning Bylaw;

b) If the proposed Sign, in the opinion of the Director, interferes with the placement or

use of any equipment or Structure required for municipal purpose;

c) If the application is incomplete or incorrect;

d) If the proposed Sign fails in any way to conform to the requirements of this Bylaw; and

e) If the proposed Sign raises any other matters of concern to the discretion of the

Director.

3.2.4 A Sign Permit shall expire if:

a) The work authorized by the Sign Permit is not completed within 180 days from the date of the issuance of the permit;

b) The business license for the premises to which the Sign pertains expires, is revoked or is not renewed; or

SECTION 3: Sign Bylaw No. 73, 2012 Page | 12 PERMITS, PROCEDURES, AND FEES

c) The business activity on the premises to which the Sign pertains is discontinued for a period of 180 days or more.

3.2.5 A current and valid Sign Permit shall be freely assignable to a successor Owner of the Lot or holder of a valid business license for the same premises.

3.2.6 Notwithstanding that the Director has issued a Sign Permit and approved the drawings and specifications of the Sign, the Owner shall be fully responsible to:

a) Carry out all work for which a Sign Permit has been issued, to the standards required by all applicable Bylaws of the Regional Municipality;

b) Construct and erect the Sign and carry out the work authorized by the Sign Permit under conditions which protect public safety; and

c) Maintain the Sign in accordance with this Bylaw.

3.2.7 Every Owner of a Lot upon which there is a Sign shall:

a) Permit the Director or his/her designate to enter upon the Lot and premises for the purpose of inspection or otherwise determining whether the requirement of this Bylaw are being met;

b) Obtain, by giving the Director or his/her designate at least 24 hours notice, an inspection of works authorized by a Sign Permit at each of the following stages:

i. After the form for footings of Freestanding Signs are complete, but prior to placing of any concrete therein; and

ii. Immediately upon the completing of the work authorized by the Sign Permit;

c) Make all required corrections as ordered by the Director or his/her designate and notify the Director or his/her designate when such corrections have been made.

3.2.8 The Director may, in writing, suspend or revoke a Sign Permit issued on the basis of incorrect information provided in an application.

3.3 DEVELOPMENT VARIANCE PERMIT

3.3.1 If a proposed Sign does not conform to the provisions of this Bylaw, the applicant for a Sign may apply to Council for a Development Variance Permit to vary the provisions of this Bylaw in respect of that proposed Sign.

3.3.2 Before a development variance permit in respect of a proposed Sign will be considered by Council, the applicant must apply to the Director for a Sign Permit, and the Director will submit both applications to Council for decision.

SECTION 4: Sign Bylaw No. 73, 2012 Page | 13 GENERAL REGULATIONS

SECTION 4: General Regulations

4.1 GENERAL REGULATIONS

4.1.1 Except as specifically permitted, Signs may be placed on a Lot only if they advertise a product, service, place, activity, person, institution, or business located on the same Lot.

4.1.2 Signs are allowed on private property in the Northern Rockies Regional Municipality in accordance with Section 3 and Section 6 of this Bylaw and the table contained in SCHEDULE B: Permitted Signs by Type and Location, as follows:

a) If the letter “A” appears for a Sign type in a column, such a Sign is allowed without a valid Sign permit in the zoning areas represented by the column;

b) If the letter “P” appears for a Sign type in a column, such a Sign is allowed only with a valid Sign permit, as set out in Section 3: of this Bylaw, in the zoning areas represented by the column; and

c) If the letter “N” appears for a Sign type in a column, such a Sign is not allowed, as

set out in Section 3: of this Bylaw, in the zoning areas represented by the column.

4.1.3 When a business, service or action advertised by a Sign ceases, the Owner shall remove the Sign within fourteen (14) days.

4.2 MAINTENANCE OF SIGNS

4.2.1 Every Sign shall be maintained by the Owner as to its structural soundness and appearance such that it does not constitute a hazard to persons in the vicinity; and is not deemed as having an unsightly appearance by the Director.

4.2.2 If the Director is of the opinion that a Sign does not conform in every respect with the provisions of this Bylaw, written notice of this fact shall be given to the person responsible for the maintenance of the Sign, or the Owner. If the defect in the Sign is not corrected within thirty (30) days, the Director may revoke the Sign Permit, thus placing the Sign Owner in violation of the Bylaw and liable for a fine as specified.

4.2.3 The Director may order to cease any erection, construction, painting, alteration or other establishment of a Sign that does not comply with this Bylaw or is at variance with the conditions of an approved Sign Permit, by posting a notice to that effect on the Sign or the site of the work and providing a copy of the notice to the Owner of the Sign or Lot.

4.2.4 Unless authorized by the Regional Municipality, no person shall reverse, alter, deface, cover, remove or in any way tamper with any notice posted on or fixed to any Sign or other Structure pursuant to this Bylaw.

SECTION 4: Sign Bylaw No. 73, 2012 Page | 14 GENERAL REGULATIONS

4.3 GENERAL DESIGN AND CONSTRUCTION STANDARDS

4.3.1 Except as otherwise specified in this Bylaw, the maximum Sign Area of any Sign shall be 14.0m².

4.3.2 For purposes of calculating the area of a Sign, only one side of a back-to-back or double faced Sign shall be taken into account.

4.3.3 All Signs together with their supporting Structures and any electrical equipment shall comply with applicable provisions of the British Columbia Building Code.

4.3.4 If the Building Inspector deems it necessary, an engineer-approved plan may be required prior to the issuance of a Sign Permit in order to ensure the safe design and placement of a Sign, awning or Canopy.

4.4 SIGNS ON PUBLIC RIGHT-OF-WAY

4.4.1 No Sign shall be permitted to be located on a public right-of-way unless:

a) The Sign is erected on behalf of a government body for a legitimate government function, including, but not limited to posting legal notices, identifying public property, convey public information, or direct or regulate pedestrian or vehicular movement;

b) The Sign is erected as part of authorized work within a road right-of-way;

c) The Sign is erected to provide information on a public utility’s poles, lines, pipes or facilities;

d) The Sign is a Community Event Sign as defined by this Bylaw. Community Event Signs shall not be erected for a period exceeding thirty (30) days and shall be removed within 48 hours of the completion of the event; or

e) The Sign is a Political Sign, erected during Federal, Provincial or Municipal election or referendum periods.

4.5 NON-COMFORMING SIGNS AND BYLAW CONFLICT

4.5.1 A Non-Conforming Sign may be maintained so long as it is in a safe condition. A Non-Conforming Sign shall not be rebuilt, reconstructed, altered or moved except in conformity with the provisions of this Bylaw.

4.5.2 If any portion of this Bylaw is found to be in conflict with any other bylaw of the Regional Municipality, the provisions which establish the most restrictive provisions shall prevail and nothing in this Bylaw shall be taken to relieve any person from complying with the provisions of any other bylaw of the Regional Municipality.

SECTION 4: Sign Bylaw No. 73, 2012 Page | 15 GENERAL REGULATIONS

4.6 EXEMPTIONS

4.6.1 This Bylaw does not apply to:

a) A traffic control device provided for in the Motor Vehicle Act;

b) A Sign on or over a Highway installed or authorized by the Director of Public Works for the control of traffic and parking or for street names and directions;

c) A Sign on or over the Alaska Highway installed or authorized by Public Works, Ministry of Transportation and Infrastructure, and Government Services Canada for the control of traffic or information of motorists;

d) A Sign located in the interior of a Building and not visible from a Highway; and

e) A Sign for the purpose of identifying a Lot which is the subject of an application for rezoning or for a development permit, subject to approval of the size, design and siting of the Sign being first obtained from the Director of Community Development and Planning of the Regional Municipality, and provided that the Sign shall be erected on the Lot to which it relates.

SECTION 5: Sign Bylaw No. 73, 2012 Page | 16 NON-COMPLIANT SIGNS

SECTION 5: Non-Compliant Signs

5.1 NON-COMPLIANT SIGNS

5.1.1 The following Signs are non-compliant:

a) An illuminated Sign that permits or provides for:

i. A current interrupting or flashing device unless there is a continuous source of concealed illumination on the translucent portions of the Sign;

ii. A flashing beacon of a type that is the same or similar to those used by

emergency vehicles; and

iii. A flashing device, animator or revolving beacon within 50.0m of the intersection of two or more public roadways;

b) A Sign erected in any location where, by reason of shape, wording, or colour, it

interferes with or obstructs the view or movement of pedestrian or vehicular traffic;

c) A Sign which may be confused with

an authorized traffic Sign, signal or device;

d) A Sign equipped with neon, flashing,

oscillating or moving light sources in such a manner as to cast a direct beam on any Highway or residential premises or to interfere with the operation of vehicles on a Highway; and

e) Billboard Signs located anywhere within the Urban Area as defined by the Zoning

Bylaw.

5.1.2 Any other Sign not expressly permitted under this Bylaw or exempted from regulation hereunder is non-compliant in the Northern Rockies Regional Municipality.

SECTION 6: Sign Bylaw No. 73, 2012 Page | 17 REGULATION OF SIGNS BY PHYSICAL TYPE

SECTION 6: Regulation of Signs By Physical Type

6.1 BANNER SIGNS

6.1.1 Unless otherwise specified in this, or any other Bylaw, Banner Signs are permitted in Commercial and Industrial Zones only.

6.1.2 No Banner Sign may exceed a size of 10.0m² per Lot.

6.1.3 A business may install only one (1) Banner Sign for a period not exceeding seven (7) consecutive days and for no more than forty two (42) days in one calendar year.

6.1.4 A Banner Sign shall be attached to its Structure in such a way as to prevent flapping by the wind.

6.2 BUSINESS DIRECTORY SIGNS FOR MULTIPLE BUSINESSES & ORGANISATIONS

6.2.1 One (1) Business Directory Sign is permitted for Commercial and Industrial Zone uses subject to meeting all of the following criteria:

a) Four (4) or more businesses being located on the Lot;

b) Maximum Sign Area of 3.5m²;

c) Maximum Copy Area of 0.5m² for each business consisting of:

i. 1.5 m in length by 0.30m in height; and

ii. The bottom panel must have a 0.5m clearance from the panel to finished grade/ground level; and

d) Maximum Height of 4.0m.

SECTION 6: Sign Bylaw No. 73, 2012 Page | 18 REGULATION OF SIGNS BY PHYSICAL TYPE

6.3 CANOPY SIGNS

6.3.1 Unless otherwise specified in this Bylaw, Canopy Signs are permitted in all Commercial and Industrial Zones and in the RM-1 Zone.

6.3.2 In RM-1 Zone, canopies shall not be attached to or be constructed so as to be considered a part of any Sign other than an apartment name Sign.

6.3.3 A Canopy Sign shall have a clearance of not less than 3.0m between the bottom of the Canopy and the sidewalk, walkway or ground level.

6.3.4 Where the front portion of a Building extends or is allowed to extend to the Front Lot Line, the Canopy Sign shall not project more than 2.0m over the sidewalk and in no case shall any support pillar/pole forming part of the Canopy Sign project beyond the Front Lot Line.

6.3.5 Notwithstanding Sections 6.3.4, no Canopy Sign or Under Canopy Sign shall be permitted where the Canopy Sign, Under Canopy Sign, Canopy or Awning obstructs the free movement or access to pedestrians, vehicles or repairs to overhead utility lines.

6.3.6 The Sign Area of a Canopy Sign shall not exceed 30% of the Canopy area.

6.3.7 The vertical Height of a Canopy Sign shall not exceed 1.5m.

6.4 FASCIA SIGNS

6.4.1 Unless otherwise specified in this or any other Bylaw, Fascia Signs are permitted in all Land Use zones.

6.4.2 Only one (1) Fascia Sign shall be permitted to identify the name and nature of each occupancy within a Building, and which does not:

a) Exceed a Height of 1.5m and a horizontal dimension greater than the width of the premises which the Sign identifies; and

b) Exceed 30% of the area of the portion of the Building face to which the Sign pertains.

SECTION 6: Sign Bylaw No. 73, 2012 Page | 19 REGULATION OF SIGNS BY PHYSICAL TYPE

6.4.3 Notwithstanding Section 6.4.2, an Owner of a double fronting Building may place a Fascia Sign on each Building Frontage.

6.4.4 The area of a Fascia Sign in the C-3, M-1, and M-2 Zones shall not exceed 45% of the area of the Building face to which it is attached.

6.4.5 A Fascia Sign shall not extend beyond the limits of the wall to which it is attached.

6.4.6 A maximum of three (3) identification Fascia Signs with non-illuminated letters up to 0.3m in Height and 0.4m² in Sign Area are permitted on a Building in addition to permitted Fascia Signs.

6.5 FREESTANDING SIGNS

6.5.1 Unless otherwise specified in this, or any other, Bylaw, Freestanding Signs are permitted in all Land Use zones.

6.5.2 Within all residential Zones, one (1) identification Freestanding Sign or Neighbourhood Sign shall be permitted to identify the name of an apartment, Multiple Family Dwelling complex, Manufactured Home Park, community, neighbourhood or a subdivision, and shall:

a) Not exceed 2.5m² in Sign Area;

b) Not encroach into the Lot setback;

c) Not exceed 2.5m in Height from the top of the Sign to ground level; and

d) Not contain an advertisement in any form.

6.5.3 Within all land Use zones, excepting Residential Zones, the following shall apply:

a) One (1) Freestanding Sign is allowed per Lot for every 90.0m of Highway Frontage; b) Where a Lot has Frontage on two Highways other than a lane, one (1) Freestanding

Sign is permitted per fronting Highway provided the Signs are no closer than 90.0m apart;

c) The maximum Height of a

Freestanding Sign is 12.0m in height from the top of the Sign to ground level;

SECTION 6: Sign Bylaw No. 73, 2012 Page | 20 REGULATION OF SIGNS BY PHYSICAL TYPE

d) The maximum Sign Area is 25m² for each Sign; and e) A Freestanding Sign shall not project within 2.0m of overhead utility lines nor 0.5m

from a Lot Line.

6.5.4 Freestanding Signs shall be permitted only in the absence of a Roof Sign on the same Lot.

6.6 PROJECTING SIGNS

6.6.1 Unless otherwise specified in this, or any other Bylaw, Projecting Signs are permitted in all Commercial and Industrial Zones.

6.6.2 Only one (1) Projecting Sign, being 3.0m² or less in Sign Area, shall be erected for any Building located less than 6.0m from the Lot Line.

6.6.3 A Projecting Sign shall not:

a) Extend above the parapet of the Building;

b) Extend more than 2.0m from the face of the Building; and

c) Be affixed less than 3.0m above sidewalk grade or ground level.

6.6.4 The area of the Sign shall be calculated exclusive of the Sign Structure provided that the Sign Structure is free of advertising and constructed in a manner that does not form part of the advertisement.

6.7 ROOF SIGNS

6.7.1 Unless otherwise specified in this, or any other, Bylaw, Roof Signs are permitted in all Commercial and Industrial Zones.

6.7.2 Only one (1) Roof Sign shall be allowed per Building.

6.7.3 Roof Signs shall be permitted only in the absence of a Freestanding Sign on the same Lot.

SECTION 6: Sign Bylaw No. 73, 2012 Page | 21 REGULATION OF SIGNS BY PHYSICAL TYPE

6.7.4 No portion of a Roof Sign shall project horizontally from the roof on which it is located.

6.7.5 The vertical dimension of a Roof Sign, including the support Structure shall not exceed 20% of the height of the Building or 3.0m, whichever is less.

6.7.6 All Roof Signs shall be erected in such a manner that the Sign Structure is designed or concealed to appear as an integral part of the overall Sign design and such that no angle iron bracing, guide wires or similar support elements are visible from a Highway.

6.8 UNDER CANOPY SIGNS

6.8.1 Under Canopy Signs are permitted in all Commercial and Industrial Zones.

6.8.2 An Under Canopy Sign shall not be separated from the underside of the Canopy by a distance of more than 0.15m and shall have a clearance of not less than 2.5m between the bottom of the Canopy and the sidewalk, walkway or ground level.

6.8.3 An Under Canopy Sign shall not extend horizontally beyond the limits of the Canopy or Awning.

6.9 WINDOW SIGNS

6.9.1 Unless otherwise specified in this, or any other Bylaw, Window Signs are permitted in all Commercial and Industrial Zones.

6.9.2 No more than two (2) Window Signs shall be erected from the inside surface of a single window, showcase or similar facility.

6.9.3 The Copy Area of a Window Sign shall not exceed 25% of the total window area.

SECTION 7: Sign Bylaw Bylaw No. 73, 2012 Page | 22

DEVELOPMENT PERMIT AREA SIGN REQUIREMENTS

SECTION 7: Development Permit Area Sign Requirements

7.1 COMPREHENSIVE SIGN PLAN

7.1.1 In development permit areas where more than one (1) Sign or Sign type are proposed for a Building, a group of Buildings, a multi-tenant Building or Lot, a planned shopping centre, a single development of substantial size on a large Lot or on two or more adjoining Lots, the applicant shall submit one or more comprehensive Sign plan(s) with a single permit application, and the Director may issue a single permit to authorize all Signs proposed in that comprehensive Sign plan.

7.2 DEVELOPMENT PERMIT AREAS

7.2.1 For Signs within the Downtown, Gateway Commercial, Highway Commercial, and Multi Family Development Permit Areas the following shall apply:

a) All Signs on a Building shall relate to each other in design, size, colour, placement and lettering;

b) The number of Signs per property shall be limited to those absolutely necessary. Whenever possible, Signage shall be consolidated. An excess of commercial signage shall be discouraged;

c) Sign colours, construction materials and shapes shall be designed to complement the

Building’s features and colour scheme;

d) Good quality, durable signs are essential. Painted plywood is not an acceptable sign material;

e) Freestanding Signs shall be installed on a landscaped or decorative base; and

f) Placement of Signs on public rights-of-way shall not be allowed.

SCHEDULE A: MAPS Sign Bylaw Bylaw No. 73, 2012 Page | 23

SCHEDULE A: MAPS

SCHEDULE A: MAPS Sign Bylaw Bylaw No. 73, 2012 Page | 24

SCHEDULE B: PERMITTED SIGNS BY Sign Bylaw Bylaw No. 73, 2012 Page | 25 TYPE AND LOCATION TABLE

SCHEDULE B: PERMITTED SIGNS BY TYPE AND LOCATION TABLE TABLE 1

Sign Type Residential Multi-Family Rural Res. Agricultural Commercial Industrial

RS-1, RS-2, RS-3,

RM-1 RR-1, RR-2 A-1, A-2 CC, C-2, C-3, C-4, C-5, C-6

M-1, M-2

Political A A A A A A

Temporary A A A A A A

Real Estate A A A A A A

Home Based Business Fascia Sign A A A A N N

Construction A A A A A A

Portable/Sandwich Board N N A A A A

Banner N N N N P P

Business Directory N N N N P P

Canopy N P N N P P

Fascia P P P P P P

Free Standing Signs P P P P P P

Neighbourhood P P P P N N

Projecting N N N N P P

Roof N N N N P P

Under Canopy N N N N P P

Window N N N N P P

Other P P P P P P

A = Allowed without a Sign permit

P = Allowed with a valid Sign permit

N = Not allowed

SCHEDULE C: PENALTIES Sign Bylaw Bylaw No. 73, 2012 Page | 26

SCHEDULE C: PENALTIES

Description of Offence

Section

A1 Penalty

A2 Early

Payment Penalty

within 21 days

A3 Late

Payment Penalty after 32

days

A4

Compliance Agreement

Allowed

A5 Compliance Agreement Maximum Discount

Obstruction of Director, Bylaw Enforcement Officer, or Building Inspector

2.6.2 $500.00 $450.00 $500.00 no n/a

Unlawful Sign on Highway or Public Place 2.4.1 $100.00 $90.00 $110.00 yes 50%

Abandoned Sign 2.5.1 $100.00 $90.00 $110.00 yes 50%

Contravention of any Provision of this Bylaw 2.6.4 $100.00 $90.00 $110.00 yes 50%

Erection of a Non-compliant Sign 5.1.2 $150.00 $135.00 $165.00 yes 50%