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HomeMy Public PortalAboutSign Regulation Consolidated Bylaw 918 Sign Regulation Bylaw 918 CONSOLIDATED FOR PUBLIC CONVENIENCE Includes amendments to July 2020 Amendment 918.01 Adding ‘Special Purpose Signs’ to Section 19 and Section 20 Amendment 918.02 Various amendments relating to ‘Wine Barrel Signage’ and Home Occupations TOWN OF OLIVER BYLAW No. 918 SIGN REGULATION A Bylaw to regulate the number, size, type, form, appearance and location of signs WHEREAS the Municipal Act authorizes a local government by bylaw, and subject to the Highway Act and Motor Vehicle Act to regulate the number, size, type, form, appearance and location of any signs; NOW THEREFORE, the council of the Town of Oliver, in open meeting assembled, enacts as follows: PART I - ADMINISTRATION Citation 1. This Bylaw may be cited for all purposes as “Sign Regulation Bylaw No. 918, 2018”. Definitions 2. In this Bylaw: “Agricultural Zone” means any zone identified in the Town's Zoning Bylaw, where Agriculture is a permitted use. “Awning” means a roof-like covering of canvas or similar fabric material, which may or may not be retractable, projecting from and entirely supported by the exterior wall of a building. “Business” means a commercial, industrial or administrative operation located within the Town of Oliver which may or may not be regulated by the Town's Business Licence Bylaw. “Canopy” means a permanent roof-like structure, either free standing and supported by columns, or attached to a building and supported either solely by the building it is attached to, or supported by a combination of the building and columns. “Commercial Zone” means any zone identified in the Town's Zoning Bylaw, where permitted uses include retail, professional services, restaurants, hotels and motels or service stations. Bylaw No. 918, 1998 Page 3 “Industrial Zone” means any zone identified in the Town's Zoning Bylaw, where permitted uses include manufacturing, wholesale, distribution and warehousing activities. “Institutional Zone” means any zone identified in the Town's Zoning Bylaw, where permitted uses include schools, hospitals or churches. “Residential Zone” means any zone identified in the Town's Zoning Bylaw, where permitted uses are restricted to residential dwellings, home occupations and auxiliary uses. “Sign” means any letter, word, symbol, drawing, picture, emblem or structure or any combination thereof visible from a highway which directs attention to or identifies any person, product, business or activity. “Sign Area” means the total surface within the outer edge of a frame or border or where no frame or border exists, the area within the smallest rectangle surrounding the objects composing the sign. Only one side of a double sided sign shall be used for the purposes of calculating the total sign area. “Sign, Back-lit” means any sign illuminated from an internal light source (back lighting). “Sign, third-party” means any sign that advertises goods, products, services or facilities and which directs persons to a different property from where the sign is located. This does not include Information Signs, Community Notice Board Signs, Special Event Banner Signs or the advertising of wineries on Wine Barrel signage. “Sign, Canopy/Awning” means any sign painted, stamped, stitched, perforated, glued or otherwise fixed flat to the surface of an awning, canopy or other similar feature. “Sign, Community Notice Board” means a permanent sign used to display education material, community events or notices identifying items for sale. “Sign, Construction” means a temporary sign erected on a site where construction is taking place indicating the names of individual firms, financial institutions or sponsors having a direct role or interest with the development or project. “Sign, Directly Applied” means a sign or decal which is painted, stenciled, wallpapered or otherwise applied directly to a building. Where a Directly Applied Sign includes a mural type picture, the area of the Sign shall be deemed to be the area of a rectangle or rectangles which will fully enclose and sign lettering, corporate logo or trademark contained within the mural. Amended by 918.02 Bylaw No. 918, 1998 Page 4 “Sign, Freestanding” means any sign supported by one or more upright poles, columns or braces anchored to the ground and stands independent of any building or structure. This does not include Portable Signs or Sandwich Board Signs. “Sign, Front-lit” means any sign illuminated by an external light source (front lighting). “Sign, Hanging” means any sign that is suspended entirely underneath an awning or canopy. “Sign Height” means the vertical distance measured from natural grade to the highest point of a Sign. “Sign, Identification” means a sign containing no advertising which is limited to the name, address or owner of a building. “Sign, Information” means a sign erected on public or private property by Municipal or Provincial governments or their agents for the purpose of directing the traveling public to major points of interest or centers of commerce, community services and community events. “Sign, Portable” means any sign not permanently attached to the ground, building or other permanent structure, or a sign designed to be transported from place to place including but not limited to: signs moved on wheels; signs on frames not permanently attached to the ground; sandwich boards; advertising flags; balloons or inflatable devices; and signs attached to or painted on vehicles parked and visible from a highway unless said vehicles are used in the normal day-to-day operations of that business. “Sign, Projecting” means any sign attached to a wall of a building in such a manner that it projects more than 0.2 metres beyond the surface of the building or wall to which it is attached. This does not include Canopy/Awning signs or Hanging signs. “Sign, Real Estate” means a temporary sign identifying real estate that is "for sale", "for lease", "for rent" or "sold". “Sign, Roof” means any sign that is erected upon or above a roof or parapet of a building. This includes any sign fixed vertically to the roof of any horizontal canopy. “Sign, Sandwich Board” means a small portable Sign with the two faces hinged at the top end which can be opened at the bottom end and stood on or adjacent to areas accessible to pedestrian traffic. Amended by 918.02 Bylaw No. 918, 1998 Page 5 “Sign, Special Event Banner” means a temporary sign composed of a fabric material advertising or notifying the public of a community event including seasonal or holiday decorations and located on or over public or private property. “Sign, Temporary” means a sign which does not advertise a business, but which advertises a special sales event, community event, charitable promotion or other function and which is applied to a building no longer than 30 consecutive days. “Sign, Wall” means any sign attached to a wall of a building in such a manner that it is 0.2 metres or less from the supporting wall. “Signage, Wine Barrel” means wine barrel heads used as signage. “Sign, Window” means any opaque or reflective sign which is attached to or mounted within 1 metre of a window pane or glass area and which is intended to be visible from a highway, but does not include letters and numbers directly applied to a window in a manner which allows visibility into and out of the window through the sign area. “Site Triangle” means the 6 metre by 6 metre triangle at any intersection of two street rights of way, the 3 metre by 3 metre triangle at any intersection of two lane rights of way or a lane right of way with a street right of way, or the 3 metre by 3 metre triangle at any intersection of a driveway with a street or a lane right of way. “Town” means the Town of Oliver. Severability 3. If any section or lesser portion of this Bylaw is held invalid by a court, the invalid portion shall be severed from this Bylaw. Offence 4. Every person who violates any provision of this Bylaw commits an offence punishable on summary conviction and shall be liable to a fine of not more than $2,000.00 or to imprisonment for not more than six months, or both. Each day's continuation of an offence constitutes a separate and distinct violation of this Bylaw. Obstructing Enforcement Officer 5. No person shall obstruct or otherwise interfere with the Building Inspector or other appointed Bylaw Officer of the Town from their duties in enforcing the provisions of this Bylaw. Amended by 918.02 Bylaw No. 918, 1998 Page 6 Sign Change or Removal Order 6. The following signs are declared a nuisance and unsightly, and are prohibited pursuant to the Municipal Act. Upon notice from the Town, any signs of a type described below must be corrected or removed by the owner or occupier of any property displaying such signs: (1) any Sign which identifies a business incorrectly or is in an overall state of disrepair; or (2) any Sign which contravenes the provisions of this By-law or any other applicable Town Bylaws. Sign Removal by Town 7. In the event that the owner or occupier fails to comply with a notice given under section 8, the Town, by its employees or other persons, at reasonable times and in a reasonable manner, may enter on the property and effect the compliance at the expense of the person who has failed to comply. If the person at whose expense the compliance was carried out does not pay the costs on or before December 31 in the year that the compliance was effected, the costs shall be added to and form part of the taxes payable on the property as taxes in arrears. Bylaw No. 918, 1998 Page 7 PART II - PROHIBITIONS AND PERMIT REQUIREMENTS Prohibitions 8. No person shall place or erect a sign or allow the placement or erection of a sign of any size or type, or in any manner or location, which is not expressly authorized in this bylaw. Without restricting or limiting the generality of the foregoing, Third party signs, Roof Signs, and Signs painted or mounted on parked vehicles unless said vehicle is used in the normal day to day operations of the business are specifically prohibited. Development Permit Requirements 9. In addition to the regulations of this Bylaw, Signs located in designated Development Permit Areas must comply with the applicable design guidelines of the Official Community Plan. Permits Required 10. Unless otherwise permitted in this Bylaw, no person shall: (1) erect, alter, move or otherwise install a Sign or allow the erection, alteration, moving or installation of a Sign within the Town without first obtaining a valid Building Permit pursuant to the Town's Building Regulation Bylaw and where applicable, a Development Permit pursuant to the Official Community Plan Bylaw. (2) erect, alter, move or otherwise install a Sign or allow the erection, alteration, moving or installation of a Sign that is at variance with the conditions of a permit including the description, plans and specifications of the Sign for which the permit has been issued unless such change has been approved by the Building Inspector. Exemptions from Building Permit Requirement 11. Despite section 10, the Signs noted below are exempt from obtaining a Building Permit provided the Sign is entirely on private property and it complies with Development Permit Conditions where applicable, and with all the requirements of this Bylaw. (1) Signs located within a building which are not visible from a highway; (2) Real Estate Signs and Construction Signs provided: (a) such Signs are located on the affected property; (b) the combined Sign Area of all the Signs is less than 1.5 square metres per frontage in a residential zone and 3.0 square metres per frontage in other zones; and (c) the maximum Sign Height is no greater than 3.0 metres. Amended by 918.02 Bylaw No. 918, 1998 Page 8 (3) Window Signs; (4) Directly Applied Signs; (5) Identification Signs; (6) Signs identifying Home Occupations, Bed and Breakfast Operations and Vacation Rentals; (7) Signs advertising farm produce provided that: (a) only one such Sign is located on each legal parcel; (b) the Sign is located on the parcel on which the produce is being sold; and (c) Sign Area of the Sign does not exceed 0.6 square metres; (8) Campaign Signs on private property to a maximum of 2 signs per frontage in connection with and only during the 60 days preceding a scheduled federal, provincial, municipal or school board election or referendum; (9) Signs erected on the authority of the Director of Operations or the Ministry of Transportation and Highways on public or private lands for the direction or control of traffic, pedestrians, or parking; (10) Special Event Banner Signs provided the following conditions are met: (a) No more than 25% of the Sign Area shall be used for the name or logo of a commercial sponsor; and (b) Signs are displayed only where approved by the Public Works Superintendent. (11) Information Signs erected by Provincial or Municipal governments or their agents; (12) Signs associated with a recognized community sponsored non-profit event; (13) Signs restricting activities on private property such as trespassing, dumping, burning, or parking provided the maximum Sign Area does not exceed 0.5 square metres; and (14) Portable Signs provided the following conditions are met: (a) The Sign is not to be located on public property or on a required off street parking space or driveway. (b) The Sign is not located in the Site Triangle or otherwise obscures the line of vision from a highway, access road or sidewalk to oncoming traffic; (c) The Sign complies with the applicable design guidelines of a Development Permit Area. Amended by 918.02 Amended by 918.02 Bylaw No. 918, 1998 Page 9 (d) Only one Portable Sign is displayed at any given time per property; (e) The Sign Area is no greater than 3.0 square metres with the exception of Sandwich Board Signs which shall not have a Sign Area greater than 1.2 square metres; and (f) The Sign is not located on the subject property any longer than 60 days in any calendar year with the exception of Sandwich Board Signs which have no time limitation. (15) Wine Barrel signs provided that: a) the sign is limited to one sign per business. b) the total sign dimension is no greater than 1.0m2. c) the sign is permitted to be located on public property provided that: i) the sign is a sandwich board, portable type sign. ii) the sign is located within the frontage of the business that the sign is advertising for and only displayed during business hours. iii) the placement of the sign is such that no entrances or exits or pedestrian or vehicular passage is obstructed and that a minimum of 1.5m wide pedestrian corridor is preserved after the placement of the sign. iv) the sign is located a minimum of 0.3m from the back of curb or edge of road if no curb exists. PART III - SIGN DESIGN REQUIREMENTS General Design Standards 12. All signs, including those exempt from permit under section 11 of this Bylaw shall comply with the following requirements: (1) No exposed support wires or overhead electrical wires are permitted; (2) Signs shall not obstruct any fire escape, required exit, window or door opening used as a means of egress and ingress; (3) Signs shall not be located on, within or above public property except as specifically permitted in this bylaw; (4) Signs attached to any building or structure shall not project above a parapet or eaves line of a roof except Projecting Signs, which may project up to 25% of their vertical dimension, or 1 metre, whichever is less, above a parapet or eaves line of a roof; and (5) Signs visible from a street shall not incorporate any of the following features: Amended by 918.02 Bylaw No. 918, 1998 Page 10 (a) moving or flashing lights which resemble or are apparently intended to resemble lights used on construction or emergency vehicles or traffic control device; (b) lettering or symbols which resemble or are apparently intended to resemble any traffic control device; or (c) stroboscopic flash lighting. Bylaw No. 918, 1998 Page 11 Signs in Site Triangles 13. Notwithstanding any other provisions in this Bylaw, Signs shall not be located in any Site Triangle unless: (1) the total Sign Area within the Site Triangle is less than 0.5 square metres; (2) the whole Sign Area is below a Sign Height of 1.0 metres; or (3) the whole Sign Area is above a Sign Height of 3.0 metres. Setback of Freestanding Signs 14. No portion of a Freestanding Sign shall be closer to any property line than the allowable setback in the Zoning Bylaw or 1.0 metre, which ever is less. Vertical Clearance 15. Signs projecting over areas of public or private property which are used for vehicular or pedestrian movement shall maintain the following clearances from above the finished grade of the area they project into: (1) in areas used for pedestrian movement only, a minimum clearance of 2.4 metres; and (2) in areas used for vehicles, a minimum clearance of 4.4 metres unless reduced clearance signs and warning devices are located at the parking lot or driveway entrance. Residential Zones 16. Subject to other general design requirements stated in this bylaw, the following sign regulations apply in Residential Zones and on properties up to and including 0.25 hectares in Agricultural Zones : (1) Identification Signs are restricted to one Wall Sign located on the first storey of a building or one Freestanding Sign with a maximum Sign Height of 1.5 metres, either Sign with a maximum Sign area of 0.25 square metres; (2) Signs identifying the name of a multi-dwelling complex or a residential subdivision are restricted to one Wall Sign located on the first storey or one Freestanding Sign with a maximum Sign Height of 1.8 metres, either Sign with a maximum Sign Area of 2 square metres; Bylaw No. 918, 1998 Page 12 (3) Signs identifying Home Occupations, Bed and Breakfast Operations and Vacation Rentals as defined in the Zoning Bylaw are permitted, provided an active business license is issued. These signs are restricted to one Wall Sign, Hanging Sign, Projecting Sign or Window Sign located on the first storey of a building with a maximum permitted Sign Area of 0.6m, or one Freestanding Sign with a maximum Sign Height of 1.5m and a maximum permitted Sign Area of 0.6 square meters; and (4) No Back Lit Signs shall be permitted in Residential Zones. Agricultural Zones 17. Subject to other general design requirements stated in this bylaw, the following sign regulations apply on properties greater than 0.25 hectares in Agricultural Zones: (1) Identification Signs are restricted to one Wall Sign located on the first storey of a building or one Freestanding Sign with a maximum Sign Height of 6.0 metres, either Sign with a maximum Sign Area of 3.0 square metres; (2) Signs identifying direct farm marketing operations are restricted to one Wall Sign, Hanging Sign, Projecting Sign or Window Sign on the first storey of a building with a maximum Sign Area of 5.0 square metres and one Freestanding Sign with a maximum Sign Height of 6.0 metres and a maximum Sign Area of 5.0 square metres. Unused Sign Area from one Sign may be used to increase the Sign Area of the other sign provided the maximum Sign Area does not exceed 9.0 square metres; (3) Signs identifying Home Occupations, Bed and Breakfast Operations and Vacation Rentals shall conform to the requirements of Section 16(3) of this Bylaw (4) No Back Lighting of Signs shall be permitted in Agricultural Zones. Commercial, Institutional and Industrial Zones 18. Subject to other general design requirements stated in this bylaw, the following sign regulations apply in Commercial, Institutional and Industrial Zones: (1) The combination of Canopy/Awning Signs, Wall Signs, Hanging Signs, Projecting Signs or Window Signs other than Temporary Window Signs, on any building shall not exceed 1 square metre per metre of property frontage plus 0.3 square metre per metre of proerty flankage; (2) Freestanding Signs are permitted as follows: (a) not more than one Freestanding Sign along each street abutting the property; Amended by 918.02 Amended by 918.02 Amended by 918.02 Bylaw No. 918, 1998 Page 13 (b) not more than 7.5 metre Sign Height; and (c) not more that 5 square metres Sign Area per Freestanding Sign; (3) Where a subject property flanks a parking lot, vacant property, or other property which is developed such that a portion of the subject property is visible from the fronting street through a portion of the neighbouring property, additional signage up to 0.3 square metres per metre of visible flankage may be installed on that side of the subject property which is visible from the street, providing this signage is removed if the neighbouring property is redeveloped in a manner which reduces the visible flankage; and (6) In those Commercial, Institutional and Industrial Zones where the Zoning Bylaw permits a zero building setback to a street, permitted signs attached to the wall of a building may extend over a public street right of way, provided the sign is fully supported by the wall of the building without any ground supports on the right of way and provided that no part of any sign extends to within 1 metre from any traveled roadway, parking area, boulevard tree, utility pole or light pole. Special Purpose Signs 19. Temporary election signs are permitted for the purpose of: a. A local government or school district election during the election period, beginning with the start of the nomination period and ending on the day following general voting day. b. A federal or provincial election during the relevant election period, beginning with the issuance of the writ of election and ending on the day following general voting day. c. A federal, provincial, local government or school district referendum during the period beginning 30 days before the date of the vote and ending on the day following the date of the vote. 20. Temporary Election sign placement: a. Election signs may be placed on any private property, with the consent of the owner, and must be placed in a manner that does not interfere with the visibility at an intersection. b. Election signs are permitted on gravel or landscaped boulevards, provided: (1) the adjacent land owner has consented the sign installation (2) the signs do not interfere with pedestrians or vehicular movements; and (3) the signs do not obstruct visibility next to driveways or intersections. c. The Town of Oliver restricts permission to install election signs in any public park or recreation facility, on or adjacent to lands occupied by Town Hall, Finance Amended by Bylaw 918.01 Bylaw No. 918, 1998 Page 14 Offices, Council Chambers, Public Works Yard, and the Oliver Fire Department. Any signs placed in these locations will be removed. d. Permission will be granted to place election signs on boulevards adjacent to public parks, subject to the traffic and visibility conditions identified in 20 (a) and (b). Bylaw No. 918, 1998 Page 15 Read a first time on the 11th day of May, 1998 Read a second and third time on the 14th day of December, 1998 Finally adopted on the 11th day of January, 1999. “Original Signed by Mayor” “Original Signed by Clerk” _________________________ _________________________ Mayor Clerk