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Sm1therTown of o

REPORT TO COUNCIL

DATE: March 16th,2016

FROM: Alison Watson, Planner

SUBJECT: Draft Sign Bylaw

REPORT: DEV16-21

FILE: 3900-01

RECOMMENDATION:

THAT Council receive the draft Sign Bylaw for discussion and comment;

AND THAT Council direct staff to advertise and host an Open House on April 19th,2016 from 4 pm - 6:30 pm at the Town Hall followed by a Committee of the Wholemeeting starting at 6:30 pm.

AND THAT Council direct staff to notify the Chamber of Commerce, DowntownMerchants, Small Business Task Force and wider community of the draft bylaw, OpenHouse and opportunity to provide feedback to Council.

BACKGROUND:

The purpose of the Sign Bylaw review process is to identify issues with the existingSign Bylaw and to recommend opportunities for improvement. The Sign Bylaw isbeing reviewed in accordance with the Sign Bylaw Review Terms of Reference, whichwas approved by Council in November 2015. The review is required to:

o Determine whether changes to the Sign Bylaw are warranted;. lmprove layout;. lmprove readability and interpretation;. Support the needs of the business community;o Have meaningful community involvement.

cAo !Dir/CS !Admin Asst. IDir /Rec L=l

Dir/DS ¡DirÂ/úO D

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Dir/FlNBldg lnsPlannerPCSO

Agen Date: March22nd 2016ln-Cam Date:Agenda Placement: Staff "4"Other:

rLsRegular Gouncil Page 2 DEVI6-2r

To date, the following has been completed, all of which are available on the SignBylaw Review webpage:

1. Technical Bylaw Review Summary & Draft Survey to Council (December);2. Community Survey (Dec. 10 - Jan. 25th) & Downtown Tours (Jan. 19th & 21't);3. Compile results of the survey and downtown tours (Feb.)

The next steps in the review process are to:

4. Present a draft Sign Bylaw to Council for discussion and comment (March)5. Community review of draft (proposed for April 19tn);

6. Finalize bylaw (May);7. Present to APC (May);8. Present to Council for 1tt, 2nd and 3'd readings (May/June);9. Adoption by Council (June);1 0. I mplementation (June/July)

After Council's initial review staff will incorporate any preliminary changes into thedraft. Once completed, the draft bylaw will proceed to the public review stage. Staffrecommend that an Open House be held from 4 - 6:30 pm followed by a Committee ofthe Whole meeting with Council on April 19th.

DISCUSSION:

Attached is a summary of the proposed bylaw changes and a copy of the draft SignBylaw. The bylaw contains red font for new sections or where regulations have beensubstantially altered. Many sections have been reworded for clarity purposes and thedocument has been reorganized.

As per the Terms of Reference, staff will notify the Chamber of Commerce, DowntownMerchants, Small Business Task Force and wider community of the draft bylaw, OpenHouse and to either attend the Committee of the Whole meeting or provide commentsto Council.

COMMUNICATION:

All staff reports, survey results and review timeline are available on the Town's SignBylaw review webpage. Communication actions for the review and comment phase ofthe process include the following:

1. Run two newspaper ads in the lnterior News advising of the draft Sign Bylaw &Open House two weeks leading up to the Open House;

2. Send direct invitations and a summary of changes to the Chamber ofCommerce, Downtown Merchants & Small Business Task Force to eitherdirectly attend the Committee of the Whole meeting or to submit comments toCouncil.

Regular Council Page 3 DEVí 6-21

3. Update the Town website to include a copy of the draft sign bylaw andsummary of changes.

OPTIONS:

1. Request changes to the draft sign bylaw before public review2. Request an alternate public review option.

Respectfully submitted by: Approved for submission by:

%

Alison Watson, MCIP, RPPPlanner

neYCh ief Ad m inistrative Officer

Attachr Summary of Changes. Draft Sign Bylaw

n:\development seruiæs\development 201s\other reports\s¡gn bylaw review\reports to counc¡l\dev16-21 report to æuncil draft s¡gn bylaw.dod

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Summary of Sign Bylaw ChangesMarch 22nd Regular Meeting

Based on the survey results, research from other communities and work completed to date, the belowsummary outlines general changes ¡ncorporated into the draft Sígn Bylaw. Specific changes are listed inthe proceeding tables.

1. Integrate elements of the Alpine Theme Design Guidelines directly into the Sign Bylaw.Before and during the review process there has been confusion and contradiction between the sign

regulations conta¡ned in the Sign Bylaw and Alpine Theme Guidelines. The draft bylaw:

r' Merges key design elements (s¡gn material, lighting, size, number) from the Alpine Themedirectly into the Sign Bylaw.

,/ Removes Sign Bylaw reference to Alpine Theme as key design elements are now within thebylaw itself.

,/ lmproves navigation & accessibility of sign regulations.

2. Modernize the Alpine Theme by focusing regulations on sign materials, lighting, size and numberof signs. The survey results revealed a strong support for continuing to have an Alpine Theme thatevolves into locally appropriate regulations that reflect our Canadian mounta¡n town. The draftbylaw contains:

/ Revised "Design Standards" section that contains clear regulations regarding permitted lighting,sign materíals & number of signs permitted.

/ Non-prescriptive regulations give businesses full creative control on branding, letter font, copy& use of windows.

/ Changes uphold the spirit and intent of the original Alpine Theme while allowing room forcreative expression a nd contem porary interpretation.

3. Create different sign regulations for businesses in downtown Smithers and Highway 16. Both thesurvey results and downtown tours acknowledged the different business exposure needs and scale(vehicle/pedestrian) of the downtown and Highway L6 commercial areas. The draft bylaw:

,/ Continues to permit frontlit signs in downtown Smithers (C-1, C-1.4, C-18 Zones) while all othercommercial areas may be either frontlit or backlit (backlit letters, channel letters or halo).

,/ lncludes an additional freestanding sign allocation for businesses abutting Highway 16.

4. Housekeeping updates to improve bylaw organization, add/remove definitions, add visuals,clarify how new Sign Bylaw impacts existing signs and is enforced. lmproving readability, layoutand interpretation were key elements of the bylaw review process. The draft bylaw:

,/ Contains new sections on non-conforming signs and variances.,/ Revise enforcement section to include enforcement protocol, appeal process, etc.r' "Unbundle" definitions section, where possible, so that the full meaning of a term is explained in

the appropr¡ate sect¡on of the bylaw.

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Table 1. New Sections Added to the Draft Sign Bylaw

Non-

ConformingSigns

States that any sign in existence may only bealtered, rebuilt or relocated in accordance with thenew bylaw.

A sign in existence at the time of bylaw adoptionmay continue to be used and maintained providedthat it does not cause unlawful obstruction or pose

a hazard.

a

a

Clarifies impact of the newSign Bylaw on existing signs.

Clarifies conditions in whichexisting signs may continueto exist.

a

a

VarianceApprovals

Clarifies that signs authorized via DevelopmentVariance Permit and Development Permit are lawfulprovided the permit remains valid.

a For information only.consistent with LocolGovernment Act.

a

MaximumNumber of Signs

Maximum 2 permanent signs permitted perbusiness. ln addition:

- l freestanding sign per property abutting Hwy16.

- Sandwich board signs.

- Temporary signs.

1 additional sign per building face on a corner orback alley.

a

a

Survey resu lts indicatedstrong support for limitingnumber of signs (42%

support max.2signs/business; 20% su pport2 signs per frontage).

Acknowledges that mostbusinesses exceed 2 signs ifsandwich board signs areincluded.

a

a

Permittedtighting

Continue to permit illuminated signs only incommercial areas as per existing bylaw.

Frontl¡t Signs are permitted in the C-1, C-14, C-18Zones (downtown Smithers).

Backlit Signs (lettering, halo or channel letters) andFrontlit Signs are perrnitted in all other commercialzones.

Neon tubes only permitted for "vacancy", "novacancy", "open", "closed" ¡nc¡dental signs.

o

a

a

a

1. Adapted from the Alpinetheme for downtown.

2. Survey results indicated 50/50split on permitted backlit signboxes.

3. Survey results ¡ndicated 65%

in support of illuminatedchannel letters.

4. Survey results indicated 56%

aga¡nst permitting digital LED

signs.

5. Downtown is primarily

oriented to pedestrians (i.e.

village ambience) while Hwy16 is oriented to vehiculartraffic with buildings setbackfrom the Hwy.

PermittedMaterials &

Lettering

Signs, sign borders or supportive framing for allpermanent signs in the Downtown and Highway 16(in Form and Character Development Permit Area),must incorporate one or more of the follow¡ng:

a L. Survey results ind¡cated 63%

support for an evolved AlpineTheme;

2. Regulations retain core

REGULATION RATIONALEPROPOSED CHANGE

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Table 2. Sections Removed from the Existing Sign Byla{Alpine Theme

Table 3. Modified Regulations

Materials of wood, metal, rock or glass; or

Lettering that is either raised or recessed.

elements of the AlpineTheme without beingprescriptive.

3. Allows businesses creativeexpression & contemporaryinterpretation.

RemoveMandatory

Alpine ThemeCompliance

Remove bylaw cross reference to Alpine Theme(Section 8.8 of existing bylaw).

_

Guidelines, other than those referencing maximumnumber of signs, light¡ng types and materials arenot incorporated into the bylaw. This include:

- Maximum 2 signs per business;

- Total signage area maximum;

- Upper floor business max. l sign/window;

- No sub-text, copy, product ads, etc.

- Specific type styles;

- Letter widths and heights;

- Window signs max. 20%;

- Max. area for projecting signs;

- Door signs regulations;

a

a

Key elements have beenincorporated directly intothe bylaw.

Low compliance withtraditional Alpine Theme.

a

a

REGULATION PROPOSED CHANGE RATIONALE

Exemptions

o Add exemption to s¡gns located inside a window.

o Add "open", "closed", "vacancy" or "no vacancy''toexempt ¡ncidental signs.

¡ Clarify that signs locatedbehind a window are exempt.

Definition of incidental signs

required updating.

a

Def¡n¡t¡ons

Add definitions for "backlit sign", "businessfrontage", "frontlit sign", "Town of Smithers TreeSign" and "Zone(s)".

o Change "marquee sign" to "hanging sign".

¡ Change "pennant sign" to "moving sign" and movedefìnition into bylaw itself.

o o Clarification of key terms.

o Avoids redundant definitions(minimal referencing inbylaw).

o Avoid key meaning of termshiding in definitions section.

REGULATION PROPOSED CHANGE RATIONALE

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a Remove definitions for "bench, telephone boothand bus shelter sign", "building sign", "structure".

Move definitions for "abandoned sign", flags,"incidental sign", "animated sign", "flashing sign","portable sign",

Split definition for portable sign into two parts bycreating separate definition for "temporaryfreestanding sign" in prohibited sign section.

a

a

a General modifications to clarify definitions (add

whether signs are temporary or permanent).

a Use more common language.

Banner Signs

a Remove the 1.5 m'area a Clarifies that any bannersign, regardless of size, is

temporary.

a Survey results indicated 74%in support of banners signs

remaining temporary.

Canopy & Fascia

Signs

a Maximum sign area is changed from 1.2 m2 per 1 mof building frontage to 0.3 m2 per 1 m of buildingfrontage.

Permit Fascia signs to encroach over a sidewalk.a

a Change in keeping with theAlpine Theme.

a There are existing fascia sign

encroachments.

VerticalClearance of

Pro¡ect¡ng

Signs, CanopySigns, Hanging

(Marquee)Signs

o Where signs encroach onto a road right of way (i.e.

sidewalk), reduce the minimum vertical clearancerequired from 2.6 m to 2.4 m.

a Survey results ind¡cated 37%in favor of changing theregulations to allow forprojecting signs to beinstalled lower than 8' offthe ground.

a 2.4 m vertical clearance is

consistent with signregulations from othercommunities.

Enforcement a New sections added to clarify the enforcementapproach and sequencing of enforcement act¡on.

a lncludes "collection of debt for taxes" to recovercosts of removing a sign.

a lncludes "reconsideration of an order" whereby an

individual can seek reconsideration of an order byCouncil.

Clarifies steps toenforcement action and

appeal process.

a Enforcement to be used inconju nction with directionfrom Council.

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Sm1therTown of r

1.2

BYLAW NO. 1789S'GfV BYLAW

A bylaw to regulate sþns

WHEREAS the Town of Smithers may, by bylaw, regulate the number, size, type, form,appearance and location of signs;

NOW THEREFORE the Council of the Town of Smithers, in open meeting assembled,enacts as follows:

1.0 ADMINISTRATIVEPROVISIONS

1.1 This bylaw may be cited as "Bylaw No. 1789 - Sign Bylaw" and takes effect as ofthe date of adoption.

lf any portion of this bylaw is found invalid by a court of competent jurisdiction, itshall be severed and the severance shall not affect the validity of the remainderof the bylaw.

2.0 DEFINITIONS

2.1 ln this bylaw:

Backlit Sign means any sign illuminated from an internal light source

Balloon Sign means a temporary sign made up of an inflated, 3-dimensionaldevice, intended to attract the attention of persons to a business or undertaking.

Banner Sign means a temporary sign made up of lightweight fabric or othersimilar material, which can be hung from a building face or on a structure.

Business Frontage means the side of a building that faces a street and containsthe main entrance of the business.

Ganopy Sign means a permanent sign that is attached to or part of a canopy, orother protective cover over a door, entrance, window or outdoor service area.

/r/¿sTOWN OF SMITHERS

DRAFT SIGN BYLAW NO. 1789

Page 2

Commercial Message means any wording, logo, or other representation thatdirectly or indirectly, names, advertises, or calls attention to a business, product,service or other commercial activity.

Gonstruction Sign means a temporary sign of any type indicating that a buildingproject on the same property on which the sign is located is about to beundertaken or is currently in progress.

Gommunity Event Sign means a temporary sign advertising an activitysponsored by a registered non-profit corporation, club, church, school,community group or Government organization.

Director means the Director of Development Services or Bylaw EnforcementOfficer for the Town of Smithers, or designate.

Fascia Sign means a permanent sign that displays only one sign surface and isattached parallel to, but within 0.3 m (1') of; or painted on the surface of a wall,building, or structure and is supported by such wall; building or structure.

Freestanding Sign means a permanent sígn supported by structures orsupports that are placed on, or anchored in, the ground and that are not attachedto and are structurally independent from any building or other structure, but doesnot include a Sandwich Board Sign, Political Sign or Real Estate Sign.

Frontlit Sign means a sign illuminated from an external light source

Hanging Sign means a permanent sign suspended under a canopy, awning orsimilar feature and perpendicular to the building face oriented to pedestrians.

Person means any individual, association, company, corporation, firm,organization, or partnership singular or plural, of any kind.

Political Sign means a temporary sign primarily intended to promote theactivities or the cause of any political group or entity or to encourage ordiscourage any Person to vote in any manner at an election or publicreferendum, whether Federal, Provincial, or Municipal.

Projecting Sign means a permanent sign other than a canopy sign which isattached to a building or wall in such a manner that its leading edge extendsmore than 0.3 m (1') beyond the surface of the wall or building to which it isattached.

Real Estate Sign means a temporary sign of any type indicating that realproperty is for sale or lease.

TOWN OF SMITHERSDRAFT SIGN BYLAW NO. 1789

Page 3

Roof Line means the horizontal line joining the points of intersection of theexterior wall of the building with the roof of the building. ln the case of a buildingwith a pitched roof, the roof line shall be at the eaves line.

Sandwich Board Sign means a temporary sign with no electrical power supply,supported only by its own weight.

Sign means any structure, device, fixture, or visual representation that usescolour, form, graphic, illumination, symbol, or writing to advertise, announce thepurpose of, or identify the purpose of a person or entity, or to communicateinformation of any kind to the public.

Sign Area means the total area of a sign including the outer edge of the signframe or sign border but where a sign has no frame or border, means the areacontained within the smallest square or rectangle that will enclose all of the copyof the sign. ln the case of a double-face or multi-face sign the area shall becalculated by adding together the area of all sign faces visible from any onepoint. When 2 sign faces are placed back to back, the sign area shall be the areaof the larger of the 2 faces.

Sign Height means the vertical distance from the top of the highest point of thesign, including supporting framework or bracing, to the base of the sign orsupporting framework or bracing at the average level of finished ground adjoininga building or sign structure to which the sign is attached.

Town of Smithers Tree Sign means a directional sign prescribed by the Town,located on Main Street, directing traffic to businesses off Main Street within theC-1A and C-18 zones of the downtown core.

Site means any lot or number of lots that are of sufficient area and dimension tomeet minimum zoning requirements for area, coverage, and use, and any otherzoning regulations regardless of the presence of internal legal boundaries, whichis used for a single purpose or development.

Town means the Town of Smithers

Zone(s) means the area which the Town is divided into a zone or zones inaccordance with the Town of Smithers Zoning Bylaw.

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DRAFT SIGN BYLAW NO. 1789

Page 4

3.0 APPLICATION OF BYLAW

3.1 No sign shall be erected, placed, displayed, altered or moved within the Town ofSmithers except in accordance with the provisions of this bylaw.

3.2 All measurements in this bylaw are expressed in the metric system. Theapproximate equivalent in the imperial system is provided for convenience only.

3.3 lllustrations included in this bylaw are for convenience only.

Non-Conforming Siqns

3.4 A sign in existence at the time of adoption of this bylaw must not be altered,rebuilt or relocated in any way unless in conformity with the provisions of thisbylaw.

3.5 Despite Section 2.3, a sign in existence at the time of adoption of this bylaw maycontinue to be used and maintained provided that it does not cause unlawfulobstruction or pose a hazard as per the provisions of this bylaw.

Variances

3.6 Signs authorized by the Town of Smithers Council through issuance of aDevelopment Variance Permit or Form and Character Development Permit areconsidered lawful while the permit remains valid.

Exemptions

3.7 This b¡¡law does not apply to:

a) Signs authorized by the Town, Province of BC or Government of Canadaby statutes, orders, bylaws, regulations or requirement;

b) Signs authorized by the Town, or erected or placed under the direction ofthe Town, on Town owned land or road right of way;

c) lnformational signs of a public utility regarding its poles, lines, pipes, orfacilities.

Sign authorized by the Town in connection with public conveniences,including bench, telephone booth and bus shelter signs that contain nocommercial message;

d)

e) Signs located inside a building or window;

TOWN OF SMITHERSDRAFT SIGN BYLAW NO. 1789

Page 5

Ð Works of art or holiday lights that do not include a commercial or politicalmessage;

g) Flags made up of a single piece of fabric hanging from a pole or poles thatcontains the colours, patterns, or symbols of a government or country andcontains no commercial message and is not larger than 2 m' (21.5 ft').

Signs on motor vehicles;

i)

lncidental signs with a functional purpose incidental to the use of the siteon which it is located and conveys information such as "no parking","entrancg", "loading only", "open", "closed", "vacancyi "no vacancy" andother similar signs to a maximum area of 1.5m'. No sign with acommercial message shall be considered an incidental sign or shall beilluminated except in accordance with the provisions of this bylaw.

Signs warning of an imminent physical hazard or danger and signsprohibiting trespass.

4,0 PROHIBITED SIGNS

4.1 Signs that are not specifically permitted in this bylaw are prohibited

4.2 Prohibited signs include, but are not limited to:

k) Abandoned signs that pertain to an event that has passed, or purpose ofwhich no longer applies, or advertises a business which does not have arequired valid Town of Smithers Business License.

Animated signs on which movement or change of lighting is used to depictaction, change of messaging or create a special effect, and any sign onwhich the message changes more than 24 times in a 24 hour period, butexcludes digital time or temperature display.

m) Flashing signs on which a regular or repetitive change of intensity ofillumination or messaging occurs.

n) Temporary freestanding signs not permanently attached to the ground orother permanent structure, but does not include Sandwich Board Signs.

o) Portable signs designed to be transported, including, but not limited to,signs designed to be transported by means of wheels.

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h)

i)

r)

p) Moving signs which physically as a whole or a portion moves in any way

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5.0

TOWN OF SMITHERSDRAFT SIGN BYLAW NO. 1789

Page 6

q) Roof signs located on and over the roof of a building and extendingvertícally above the highest portion of the roof line by more than 1 m (3.3').

r) Signs with neon tubing, except as permitted in Section 6.8 of this bylaw.

s) Any sign which contains indecent or obscene pictures, drawings, or words.

GENERAL PROVISIONS

5.1 A sign may only advertise a business or use which is operatíng in compliancewith a valid Town of Smithers Business License and the Town of SmithersZoning Bylaw.

5.2 No sign may contain any commercial message except advertising for goods andservices offered on the premises where the sign is located.

Construction

5.3 All sign materials and mounting must be durable and weather resistant.

5.4 All signs must comply with applicable provisions of the BC Building Code and theBC Electrical Code and be in compliance with these codes at all times with therequired approvals maintained.

5.5 All wiring and conduits must be placed below grade or othenvise concealed.

Location

5.6 All signs must be located entirely on private property, except where specificallypermitted by this bylaw.

5.7 At no time shall a sign interfere with the placement or use of any equipment orstructure required for any Town purpose or pose a hazard to any person orproperty.

5.8 Any signs extending over an area accessible by motor vehicles must have aminimum vertical clearance of 4.5 m (14'9") and a minimum vertical clearance of2.4 m (8') if extending over an area accessible by pedestrians.

5.9 No sign shall obscure or obstruct vision within 5 m (17'\ of the intersecting lotlines where two road right of ways meet.

5.10 No sign shall obscure or obstruct vision along a road right-of-way, obstructpedestrian or vehicle movement in a manner unacceptable to the Director.

TOWN OF SMITHERSDRAFT SIGN BYLAW NO. 1789

Page 7

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6.0 DESIGN STANDARDS

Number of Signs

A maximum of two permanent signs per business are permitted per businessfrontage and in addition, the following signs:

a) One freestanding sign, as permitted by this bylaw per property abuttingarterial Highway 16;

b) Sandwich board signs, as permitted by this bylaw;c) Temporary signs, as permitted by this bylaw.

Notwithstanding the provisions of this bylaw, neon tubing is only permitted forincidental signs with the words "vacancy/no vacancy" and "open/closed".

6.1

6.2

6.6

One additional sign is permitted per building face, other than on the businessfrontage, which is occupied by the business.

Size

6.3 The size of each sign shall conform to the regulations of this bylaw for thatparticular type of sign.

Lightinq

6.4 Only signs in commercial zones may be illuminated in accordance with thisSection.

6.5 Signs located in the C-1, C-14 & C-18 zones are permitted to be frontlit only

Signs located in all other commercial zones are permitted to be:

Frontlit orBacklit provided that only individual letters or symbols or a haloimmediately surrounding individual letters or symbols illuminate with theremaining sign face materials or fabrics opaque as to not allow light topass through. This includes backlit channel letters.

6.7 Lighting must be limited to the sign surface only

ab

BACKLIT LETTERING HAT,@ LETTERING

6.8

/ b/a;TOWN OF SMITHERS

DRAFT SIGN BYLAW NO. 1789

Page I

aterials & Letterin

6.9 Signs, sign borders or supportive framework/bracing for all permanent signslocated in the Downtown and Highway 16 Form & Character Development PermitArea, as designated by the Official Community Plan, must incorporate one ormore of the following:

a) Materials of wood, metal, rock or glass; orb) Lettering that is either raised or recessed.

6.10 Section 6.9 does not apply to sandwich board signs

7.0 SIGN SPECIFIC REQULATIONS . SIGN PERMIT REQUIRED

7.1 The types of signs in this section are authorized in accordance with sign-specificregulations provided that a valid sign permit has been obtained from the Town.

Balloon Sisns

7.2 Temporary balloon signs are permitted only in commercial zones, subject to thefollowing regulations:

a) Installed for a maximum of 50 days per calendar year;b) Securely fastened to prevent excessive movement.

Banner Siqns

7.3 Temporary banner signs are permitted only in commercial, industrial and publicuse zones, subject to the following regulations:

a)

b)c)

These whieh exeeed 1,5 m2 (1$ft2) in area shall be installed fer alnstalled for a maximum of 100 days per calendar year;Maximum area of 10 m' (107 ft.');Attached to its support in such a way as to prevent flapping.

Canopy Signs

7.4 Canopy signs are permitted in all zones, subject to the following regulations:

a) Not extend above the top or below the underside of the canopyna¡ 4 m Ie e # \ af lrrrilzJinn Í¡a¡[aaa'

Maximum area of 0.3 m2 perlm(1Ì"^rt r rrr¡ \v¡v rr,/ vr vsrrvrrrv rf vrrrqvv,

ft' per foot) of building frontage.c) May project over a road right-of-way only in accordance with Section 9 of

this bylaw.

TOWN OF SMITHERSDRAFT SIGN BYLAW NO. 1789

Page 9

Fascia Siqns

7.5 Fascia signs are permitted in all zones, subject to the following regulations

Maximum area of 0.3 m2 per 1 m (1ft2 per foot) of building frontage.b) Not extend above the top of the roof line or beyond the side of a building.

May encroach over a road right-of-way only in accordance with Section 9of this bylaw.

c)

Freestandinq Siqns

7'6FreestandingSignsarepermittedinallzones,@subjecttothe following regulations:

/-7,// 2-g

Hanqing Siqns

7.7 Hanging Signs are permitted in all zones, subject to the following regulations

a) Maximum height of 5 m (16') and maximum area of 10 m2 (107 ft2).Freestanding signs located along the Highway 16 corridor outside of theDowntown boundary, as defined by the Official Community Plan, shall notexceed a height of 7 m (23') and an area of 10 m' (107 ft').

b) Spaced a distance of 50 m (164') from any other freestanding sign on thesame site which has an area greater than 3 m'(32ft').

c) Attached to a permanent base and be served by underground wiring.

Not extend horizontallv þeyond the limits of the canopy or awning;Maximum area of 0.6 m' (6.5 ft.');Maxímum one sign per building entrance.May hang over a road right-of-way only in accordance with Section 9 ofthis bylaw.

a)b)c)d)

Proiectinq Sisns

7.8 Projecting Signs are permitted in all zones, subject to the following regulations:

ab

Project a maximum of 2 m (6.6') from the building to which it is attached.Extend a maximum of 0.6 m (2') above the roof line of the building towhich it is attached;Minimum vertical cléarance of 2.4 m (8') above grade;Not project within 0.6 m (2') horizontally from a curb line.Maximum of one sign per buil9ing entrance;Maximum area of 3 m' (32ft.');

c)d)e)f)

ts/rsTOWN OF SMITHERS

DRAFT SIGN BYLAW NO. 1789

Page 10

s) May project over a road right-of-way only in accordance with Section 9 ofthis bylaw.

Sandwích Board Sions

7.9

7.10

Sandwich Board Signs are permitted in commercial, industrial and public usezones, subject to the following regulations:

a) Shall be stable;b) Maximum of two signs per business, per site;c) Maximum size of 0.6 m (2') horizontal by '1.2 m (4') vertical.

Sandwich Board Signs in the C-1, C-14 & C-18 zones are permitted on apedestrian road right-of-way provided that:

a) Highway License of Occupation Agreement has been entered ínto with theTown in accordance with Section g of this'byiáw;

b) Displayed only during operating hours of the business or activity to whichthe sign pertains;

c) Maximum one sign is placed along the frontage of the business or activityto which the sign pertains and there is a minimum 1.5 m clear unimpededpedestrian access width maintained;

d) Maximum size of 0.6 m (2') horizontal by 1.2 m (4') vertical and shall bestable.

8.0 SIGN SPECIFIC REQULATIONS - SIGN PERMIT NOT REQUIRED

8.1 The types of signs descríbed in this section are authorized in accordance with thesign.specific regulations without need for a valid sign permit from the Town.

Constructíon Siqns

8.2 Construction signs are permitted in all zones, subject to the following regulations:

a) Located only on the property where construction has started and where avalid Building Permit has been issued;

b) Removed within 15 days after completion of construction on the property;c) Maximum 5 m' (54ft.') area and a maximum height of 10 m (33').

Communitv Event Sisns

8.3 Community Event Signs are permitted in a road right-of-way, subject to thefollowing regulations:

a) Maximum area of I m2 186 ft.2¡;

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DRAFT SIGN BYLAW NO. 1789

Page 1 1

b) lnstalled a maximum of 30 days and removed upon event completion;Highway License of Occupation Agreement has been entered into with theTown for signs over 1.5 m' (16 ft') in area in accordance with Section 9 ofthis bylaw;

)c

a)

b)c)

a)

b)c)

Residential Sisns

8.4 Residential signs are permitted in all residential and agricúltural zones, subject tothe following regulations:

a) Maximum one sign is permitted per site. ,

b) ln the R-1, R-2 & R-24 zones the maximum area is 1 m2 (11 ft.2) and themaximum height is 2 m (6.5').

c) ln the R-3, R-4 and R-5 zones the maximum area is 2 m2 (22ft.1and themaximum height is 3 m (10').

d) ln the A-1, R-6 and R-7 zones the maximum. area is 4 m2 (43 ft.2) and themaximum height is 5 m (16').

Real Estate Sions

8.5 Real Estate Signs are permitted in all zones, subject to the following regulations

Politieal Sisns

8.6 Political signs are permitted on road right-of-ways only during Federal, Provincialor Municipal election or referendum periods in accordance with Provincial orFederal legislations, Subject to the following regulations:

Located gnly upon the site referred to on the sign or on a road right of wayimmediately adjacent to the site in accordance with Section 9 of thisbylaw;Maxímum area of 5 m2 154 ft.2) and a maximum height of 5 m (16').Signs are permitted in a road right-of-way advertising an open house onthe day of the open house to maximum of 6 signs, each being no greaterthan 1 m', per open house.

Not be located on freehold land owned by the Town or in flower beds andformal landscaped areas;Be removed within 7 days after the election day;Signs on road right-of-ways exceeding 1.5 m2 116 ft.2¡ in area require aLicense of Occupation Agreement with the Town in accordance withSection 9 of this bylaw;Signs are deemed to be the property of and to have been erected, placed,installed, displayed or maintained by the Person or Persons whose nameor names are displayed thereon.

d)

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9.0 SIGNS ON OR OVER A ROAD RIGHT.OF.WAY

9.1 The owner of a sign permitted by this bylaw to project or hang over a road right-of-way, including a pedestrian sidewalk, must first submit to the Director thefollowing for approval:

b)

Drawings showing a minimum vertical clearance of 2.4 m (8') above gradeand maximum horizontal projection of 0.6 m (2) from a curb line.

Enter into an Encroachment Agreement with the Town;

Provide a Certificate of Insurance in thãt includes the Town of Smithers as"Addítional lnsured" that indemnifies'the Town against any and all forms ofliabilíty to a minimum of $2,000,000.

c)

9.2 The owner of a sign permitted by this bylaw to þe located on a road right-of-way,including Town owned property, must first stlbmit to the Director the following forapproval:

a) Enter into a Highway License of Occupation Agreement for any sign 1.5m2or larger and,Sandwich Board Signs;

,;,,, ., .:''b) Provide a Certificate of Insurance that includes the Town of Smithers as

"Additional lnsured" that indemnifies the Town against any and all forms ofliabílity to a minÍmum of $2,000,000.

9.3 Each policy of insuranôe must be maintained by the owner of the sign so long asthe sign remains on or over the road right-of-way or on Town owned property.

9.4 Ensure the maintenance and use of the sign is in compliance with the terms ofthg sign permit and this bylaw.

1O.O SIGN PERMITS

10.1 Except where expressly authorized or exempt under this bylaw, no person mayerect, place,'construct, relocate, or alter a sign without first obtaining a signpermit for that sign.

10.2 No Sign Permit shall be issued for an existing or proposed sign that is contrary tothis bylaw.

10.3 Where a Form and Character Development Permit or a Development VariancePermit is issued which approves a sign, a Sign Permit is not required.

a)

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Application

10.4 A Sign Permit Application shall include

a) A completed sign permit application;

Drawing(s) to scale for each sign, giving all dimensions, supportingstructure, height above finished grade, colour scheme, materials, copyand details of any lighting and surrounding framework;

c) Drawing(s) or photograph(s) showing the proposed position of the sign onthe building together with any existing signs;

d) Site plan showing sign placement, including the setbacks to existing signs,buildings and property boundaries;

e) Additional information, as required to determine compliance.

f) Supporting documents for any sign located on a road right-of-way, asrequired in Section 10 of this bylaw.

g) Applicable fee set out in Section 10.5 of this bylaw

Permit Fees

10.5 Sign permit fee per sign

II.O ENFORCEMENT

General Authoritv for Orders

11.1 lf the Director determines that an owner or occupier of property has not compliedwith any provision of this bylaw, or a sign permit issued under this bylaw, theDirector may, by notice in writing, make an order directing the person to do any ofthe following:

b)

Balloon Sígn, Banner Sign, Canopy Sign,Fascia Sign, Hanging Sign $25.00

Freestanding Sign, Projecting Sign

Sandwich Board Sign$50.00

Town of Smithers Tree Sign $150.00

SIGN TYPE FEE PER SIGN

a) Bring the sign and the property into compliance;

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b) Discontinue and refrain from proceeding with any work that has beencommenced or is in progress;

c) Repair, alter or remove a sign; and may specify in the order a date bywhich the person must remedy the noncompliance.

Dutv to Complv

11.2 No person shall fail to comply with any order issued by the Director or byresolution of Council under this bylaw.

Deliverv

11.3 An order shall be sufficiently delivered if:

a) lt has been left with the person to whom it is directed;

b) Mailed by registered mail to the owner at their address as it appears onthe records of the Assessment Authority of British Columbia;

c) lf it has been mailed to or left with a person who appears to be carrying onbusiness within the premises;

d) ln the case of a corporation, if it has been mailed to the address registeredas its records office; or

e) A copy of the order has been posted at the affected premises

Maintenance

11.4 All signs and their supporting structures shall be continuously maintained so thatthey are structurally sound and free from all hazards.

11.5 Sign area, background, lighting and embellishments must be continuouslymaintained so that the sign does not exhibit wear, neglect or damage.

Offences

11.6 Any of the following shall be considered an offence, and each day the víolation iscaused or allowed to continue shall constitute a separate offence, and ispunishable according to the Offence Act.

To install, create, erect, construct, place, structurally alter, relocate,rebuild, enlarge, or maintain any sign requiring a Building Permit, withoutfirst obtaining a Building Permit, as required.

a)

TOWN OF SM¡THERSDRAFT SIGN BYLAW NO. 1789

Page 15

t V.S

b) To install, create, erect, construct, place, structurally alter, relocate,rebuild, enlarge, or maintain any sign in a way that is inconsistent with aSign Permit, Form and Character Development Permit or DevelopmentVariance Permit.

To install, create, erect, construct, place, structurally alter, relocate,rebuild, enlarge, or,maintain any sign contrary to, or inconsistent with, anyprovision of this bylaw.

c)

d)

Penalty

11.7 Each offence, upon summary conviction, shall be liable to a penalty up to$5,000.00 and not less than'.,$1Q0.00, plus the cost of prosecution, for eachoffence

To fail to remove or correct any sign that is installed, created, erected,constructed, placed, altered, enlarged,' or maintained contrary to,inconsistent with, or prohibited by, any provision of this bylaw, or otherTown bylaw when ordered to do so by the Director.

11.8 The Director is authorized to enter onto any property at any reasonable time, toascertain whether the requirements of this bylaw are being met.

11.9 The Director may order, in writing, the correction or removal of any work, which isin contravehtion of this þ/aw

Removal of signs

11.10 Any signs erected or placed on a road right of way, or other Town ownedp¡operty, not constructed or placed in strict compliance with the requirements ofthis bylaw, shall be forfeited to the Town and subject to confiscation. ln additionto oJher remedies hereunder, the Town shall have the right to recover from theowner or Person plaçing the sign the full costs of removal and disposal of thatsígn.

11.11 Where any sign is:

a) Prohibited;b) Located in any manner contrary to this bylaw;c) ln immediate danger of falling; ord) An immediate hazard to the safety of persons or property

The Director may undertake any works or actions necessary, including theremoval of the sign, to enforce this bylaw or to protect the safety of persons or

r//zsTOWN OF SMITHERS

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property. ln addition to other remedies hereunder, the Director shall have theright to recover from the owner or person placing the sign the full costs of itsactions or works, or the removal and disposal of that sign.

Reclaiminq a siqn

11.12 An owner of the property or the sign seeking to reclaim a sign that has beenremoved by the Town pursuant to this bylaw must submit a request in writing tothe Director, within 14 days of the date of removal, transportation or storage ofthe sign. Before reclaiming such sign, the owner must pay for the cost ofremoval, transportation and storage. lf the sign is not reclaimed within 30 days,the Director may order such sign destroyed or disposed of in any manner he orshe deems appropriate and any and all costs incurred by the Town for removal,transportation, storage and disposal of the sign may be recovered as a debt fromthe owner.

Collection of Debt for Taxes

11.13 Where the Director has undertaken the repair, alteration, removal, transportation,storage or disposal of a sign, or any combination of these, as a result of a personfailing to comply with an order of the Director or a resolution of Council, any debtowing for costs incurred by the Town that has not been paid by December 31'tmay be collected in the same manner as for property taxes in arrears.

Reconsideration of an Order

11.14 A person who has received an order issued by the Director under this bylaw mayseek reconsideration by Council by notifying the Town's Corporate Officer within2 business days of receiving the notice. The matter may be heard, in person orthrough written representations, at the next or subsequent regular meeting ofCouncil, or sooner as may be arranged between the person and the Corporate' Officer. After the person has had an opportunity to be heard, Council mayconfirm, vary, modify or cancel the decision of the Director, and may impose anyterms, conditions, restrictions or requirements in relation to the matter that areeffective as an order under this Bylaw from the date the resolution is made.

READ A FIRST TIME THIS DAY OF 2016

READ A SECOND TIME THIS DAY OF 2016

READ A THIRD TIME THIS DAY OF 2016

ADOPTED THIS DAY OF 2016

à/" sTOWN OF SMITHERSDRAFT SIGN BYLAW NO. 1789

Page 17

Taylor BachrachMayor

Anne YanciwCorporate Administrator (CAO)

CERTIFIED A TRUE & CORRECT COPYof Bylaw No. 1789 cited as"Bylaw No. 1789 - Sign Bylaw"

Anne YanciwCorporate Adm inistrator (CAO)

AW

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