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