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Consolidated March 28, 2022
CONSOLIDATED FOR CONVENIENCE PURPOSES
ONLY OF BYLAW 3309, 3466, 3852
CITY OF CAMPBELL RIVER
PROVINCE OF BRITISH COLUMBIA
BYLAW NO. 3309, 2007
TABLE OF CONTENTS
Section
Page
1
TITLE ..................................................................................................................................3
2
DEFINITIONS .....................................................................................................................3
3
APPLICATION AND EXEMPTIONS ...............................................................................7
3.1
Application ................................................................................................................7
3.2
Exemptions ................................................................................................................7
4
PERMITS, FEES AND INSPECTIONS .............................................................................7
4.1
Requirements .............................................................................................................7
4.2
Application for Permit ...............................................................................................7
4.3
Permit Fee, Expiration and Refund ...........................................................................7
4.4
Inspections .................................................................................................................8
4.5
Permit Issuance or Denial ..........................................................................................8
5
PROHIBITED SIGNS .........................................................................................................8
5.1
Prohibited Signs ........................................................................................................8
6
SIGNS NOT REQUIRING A PERMIT ..............................................................................8
6.1
Community Event Signs ............................................................................................8
6.2
Community Organization Signs ................................................................................9
6.3
Construction Site Signs .............................................................................................9
6.4
Home Based Business Signs .....................................................................................9
6.5
Identification Signs ....................................................................................................9
6.6
Real Estate Signs - Temporary ..................................................................................9
6.7
Parking Signs ...........................................................................................................10
6.8
Political Campaign Signs ........................................................................................10
7
SIGNS REQUIRING A PERMIT .....................................................................................10
7.1
Awning/Canopy Signs .............................................................................................10
7.2
Directional Signs .....................................................................................................11
7.3
Directory Signs ........................................................................................................11
7.4
Fascia Signs .............................................................................................................11
7.5
Flags and Strip Banners ...........................................................................................12
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 2 of 26
7.6
Balloon Signs ..........................................................................................................12
7.7
Freestanding Signs ..................................................................................................12
7.8
Portable Signs ..........................................................................................................13
7.9
Projecting Signs .......................................................................................................13
7.10 Promotional Signs - Temporary ..............................................................................13
7.11 Marine Harbour Commercial Signs ........................................................................13
7.12 Banner Signs ............................................................................................................14
7.13 Electronic Signs .......................................................................................................14
8
SIGN CONSTRUCTION ..................................................................................................14
8.1
General ....................................................................................................................14
8.2
Approved Combustible Plastic ................................................................................14
8.3
Other Combustible Material ....................................................................................15
8.4
Anchorage ...............................................................................................................15
8.5
Corrosion .................................................................................................................15
8.6
Canopy Signs ...........................................................................................................15
9
SIGN OVER PUBLIC RIGHT-OF-WAY/MAINTENANCE ..........................................15
9.1
Sign over a Public Right-of-Way ............................................................................15
9.2
Maintenance of Signs ..............................................................................................15
10
REMOVAL OF SIGNS AND ENFORCEMENT .............................................................16
10.1 Abandoned Signs .....................................................................................................16
10.2 Temporary Signs .....................................................................................................16
10.3 Removal and Impoundment ....................................................................................16
11
PENALTY, SEVERABILITY AND ENACTMENT .......................................................16
11.1 Penalty .....................................................................................................................16
11.2 Severability ..............................................................................................................16
11.3 Repeal ......................................................................................................................17
Schedule "A" to Sign Bylaw 3309, 2007 .......................................................................................18
Schedule "B" to Sign Bylaw No. 3309, 2007 ................................................................................20
Schedule "C" to Sign Bylaw No. 3309, 2007 ................................................................................21
CITY OF CAMPBELL RIVER
PROVINCE OF BRITISH COLUMBIA
BYLAW NO. 3309, 2007
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 3 of 26
A BYLAW OF THE CITY OF CAMPBELL RIVER TO REGULATE THE NUMBER, SIZE, TYPE,
FORM, APPEARANCE AND LOCATIONS OF SIGNS WITHIN THE CITY OF CAMPBELL
RIVER
WHEREAS Council may by bylaw regulate the number, size, type, form, appearance and location
of signs and make different provisions for different zones, for different uses within a zone and for
different classes of highways;
AND WHEREAS it is deemed desirable:
a)
To protect the appearance of the various zones of the City of Campbell River from the
effect of signs which may be inappropriate as to size, design or location;
b)
To protect the public from the effects of commercial and other signs that conflict with
traffic signs and lights erected for the direction of vehicular and pedestrian traffic and to
prevent the confusion which may arise from the undue conflict of commercial and other
signs;
c)
To protect the public from the dangers of signs of unsafe construction and from the
nuisance or hazard arising from improperly sited signs; and,
d)
To enable local commercial and industrial enterprises to clearly identify their places of
business and to indicate to the extent permitted by this bylaw, the types and trade
names of goods and services manufactured or sold on the premises.
THEREFORE the Council of the City of Campbell River in open meeting assembled enacts as
follows:
1 TITLE
This Bylaw may be cited for all purposes as "Sign Bylaw No. 3309, 2007".
2 DEFINITIONS
In this Bylaw unless the context otherwise requires:
"Abandoned Sign"
means any sign which no longer serves its previously intended
purpose or which is not maintained as required by this bylaw.
"Access Sign"
means a sign that directs vehicles into and out of Premises.
"Animated Sign"
means a sign which uses change of lighting to depict action or
create effects or a pictorial scene, but does not include a digital sign
displaying only time and temperature.
"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.
"Awning/Canopy
Sign"
means an Identification Sign painted or affixed flat to the surface of
an Awning/Canopy which does not extend vertically or horizontally
beyond the limits of such Awning/Canopy.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 4 of 26
"Banner Sign"
means a sign composed of lightweight, non-rigid material such as
cloth, canvas or similar fabric.
"Bench Sign"
means a sign forming part of or attached to a bench.
"Building Face"
means all individual wall areas of a building in one place or
elevation.
"Bus Shelter Sign"
means a sign on a structure intended to shelter bus patrons and
situated on land which adjoins a bus stop in ordinary use by buses
operated by a public transit authority.
"Business
Premise"
means that part of a building or a parcel owned or occupied for the
conducting of a business.
"Canopy"
means a roofed structure, which may or may not be attached to,
and supported by the building.
"City"
means the City of Campbell of River
"Clearance"
means the vertical distance between the lowest point of a sign and
the grade immediately below the sign.
"Community Event
Sign"
means a sign advertising a community event which is carried on by
a not for profit organization, or the City, for the betterment of the
community.
"Community
Organization Sign"
means a sign directing attention to a religious, community, service
club or similar organization.
"Construction Site
Sign"
means a sign indicating the nature of construction or demolition
proposed or in progress on a parcel.
"Copy Area"
means the area of a sign which encloses the advertising message
or announcement and includes logos, borders and other like
graphics.
"Directory Sign"
means a sign associated with drive-through facilities to provide
menu options.
"Directional Sign"
means a permanent sign, which only communicates information
regarding vehicular or pedestrian movement on the parcel on which
it is located.
"Display"
means the construction, erection, installation, addition, repair,
alteration or relocation of a sign.
"Electrical Sign"
means a sign that contains electrical wiring and requires attachment
to an electrical energy source for the sign's proper operation.
"Electronic
Message
Board Sign"
means a sign which exhibits changing or moving effects at a
constant intensity of illumination or a sign with moving letters,
symbols or changing messages.
"Face of a Sign"
means a side where copy or artwork may be placed.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 5 of 26
"Fascia Sign"
means a flat sign affixed, painted or inscribed on the face or wall of
a Building.
"Flashing Sign"
means a sign which contains an intermittent, flashing, or oscillating
light source or which includes the illusion of intermittent, flashing, or
oscillating light by means of animation, and may involve moving
lights or beacons.
"Freestanding
Sign"
means a sign standing apart from a building supported by an
independent structure and affixed to the ground and that is not a
temporary sign.
"Frontage"
means the length of the property line of a parcel of land abutting a
public street excluding a lane.
"Grade"
means the average natural ground surface elevation at the sign
location.
"Ground Sign"
means a freestanding sign that does not exceed 1.83 m (6 ft) in
height.
"Height of a Sign"
means the vertical distance measured from the highest point of the
sign to the grade elevation directly below the sign.
"Identification
Sign"
means a sign containing only the specific or generic name of a
business, its logo, address, phone number and hours of operation.
"Inspector"
means the Building Inspector of the City, or designated
representative.
"Mansard Sign"
means a sign attached to the lower portion of a mansard roof.
"Marquee Sign"
means a sign suspended from the underside of and entirely under,
a canopy or mansard.
"Obsolete Sign"
means a sign which refers to an activity, use, product or business
which is no longer carried out or is no longer marketed at the
premises on which the sign is displayed.
"Off Premise
Sign"
means a sign which directs attention to a business, commodity,
service, entertainment or thing not related to or located on the
parcel on which the sign is located.
"Owner"
means any person, corporation or agent controlling the premises on
which a sign is located.
"Parcel"
means any lot, block or other area in which land is held or into
which it is subdivided, but does not include a highway.
"Parking Sign"
means a sign directing or attracting traffic to Premises, business or
parking area.
"Political Sign"
means a sign containing only messages relating to a public election
or referendum.
"Portable Sign"
means a sign not permanently affixed to the ground or building.
"Projecting Sign"
means a sign other than a canopy, awning or fascia sign, which is
attached to and projects from a structure or building face.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 6 of 26
"Promotional
Sign"
means a temporary sign advertising a promotion, new business
premise or advertising the change in use or ownership of a
business premise.
"Real Estate
Sign"
means a sign indicating that the parcel or business premise on
which it is located is for sale, rent or lease.
"Roof Line"
means the line made by the intersection of the wall of the building
with the roof of the building, including a false roof.
"Roof Sign"
means a sign erected on top of the roof or parapet of a building or
structure or wholly or partly above a roof line of a building.
"Rotating Sign"
means a sign or portion of a sign, which moves in a revolving or
turning manner.
"Sign"
means a structure, natural object, thing or painting or representation
on any of them,
(a) used as or in the nature of, an announcement, direction or
advertisement and
(b) intended to attract attention to an object, product, place, activity,
person, institution, organization or business.
"Sign Area"
means the total area within the outer edge of the frame or border of
a sign, but where a sign has no frame or border or background,
means the area contained within the shortest line surrounding the
copy. Where a sign has more than one side, the sign area is the
total of the sign area on all sides, unless otherwise specified.
"Subdivision
Identification
Sign"
means a freestanding sign identifying only the name and location of
a subdivision.
"Temporary
Sign"
means a sign displayed for a limited period of time in accordance
with this bylaw.
"Time and
Temperature
Digital Sign"
means a sign in which the time, temperature or time and
temperature are displayed by artificially illuminated digits.
"Vehicle Sign"
means a sign attached to, placed in or on a vehicle or trailer but
excludes signs printed on public transportation vehicles and also
excludes a sign printed on a vehicle or taxi which state only the
name of the business, its logo, address and phone number of the
business that is associated to the vehicle.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 7 of 26
3 APPLICATION AND EXEMPTIONS
3.1
Application
a) No sign shall be erected, placed or displayed within the City except in conformity
with the provisions of this bylaw.
b) Signs that are not specifically permitted in this bylaw are prohibited.
c) Nothing in this bylaw relieves a person from complying with all other applicable
enactments, including Federal and Provincial legislation and all City bylaws.
d) The application of this bylaw to signs may be affected or varied by a development
permit or development variance permit issued by the City.
e) No sign shall be displayed that is not placed entirely on private property and shall
be displayed in such a manner as to not encroach on or over any highway or other
public right-of-way, except as permitted under Sections 7.1, 7.4 & 7.9 of this Bylaw.
f)
No sign shall be displayed except on the Premises on which is located the activity,
use, product or business that the sign is intended to advertise, identify, give
information on or attract attention to , except as permitted under Sections 6.1 & 7.2
of this Bylaw.
3.2
Exemptions
a) Any sign lawfully in existence at the time of adoption of this bylaw, although such
sign does not conform with the provisions of this bylaw, may continue to be used,
provided it is maintained in a clean and structurally safe condition.
b) Any sign lawfully in existence at the time of adoption of this bylaw shall not be
reconstructed, altered or moved except in conformity with the provisions of this
bylaw.
c) Notwithstanding any other provisions of this bylaw, the following types of signs are
exempt from this bylaw:
i)
Signs on or over City streets for the control of traffic and parking or for street
names or directions and administered by the City Engineer;
ii)
Traffic control devices under the Motor Vehicle Act of British Columbia;
iii)
Notices issued by the City, the Government of British Columbia or the
Government of Canada;
iv)
Political signs;
v)
Bench signs and bus shelter signs intended for public convenience and
administered by the Corporate Services Director or Designate.
vi)
Notices in accordance with the City's Planning Procedures Bylaw.
4 PERMITS, FEES AND INSPECTIONS
4.1
Requirements
No person shall display any sign or change the copy area of a sign or change any part
of the structural elements or lighting of any sign, without first making application for and
obtaining a permit therefore, unless specifically exempted from permit requirements by
this bylaw.
4.2
Application for Permit
Every applicant for a permit shall provide to the City a completed application for a
permit in the form attached as Schedule "A".
4.3
Permit Fee, Expiration and Refund
a) Every applicant for a sign permit shall pay to the City, at the time of such
application, the applicable fee as set out in Schedule "B".
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 8 of 26
b) Every permit issued hereunder shall expire if construction of the sign on the parcel
is not commenced within a six-month period from date of issuance.
c) If a permit is issued and subsequently expires, no refund will be allowed. The
owner may cancel an application by written request to the Inspector. If a permit is
cancelled prior to expiration and no work has commenced, a refund of the
application fund will be issued less a 25% administration fee.
4.4
Inspections
a) Building Inspectors and Bylaw Enforcement Officers are hereby authorized to enter
on property at all reasonable times, in accordance with section 16 of the Community
Charter, to inspect and determine whether the regulations, prohibitions and
requirements of this bylaw are being met.
b) Every person displaying a sign for which a permit is required shall obtain
inspections of the sign if so determined by the City.
c) All signs provided with electrical connections shall have a provincial electrical permit
which shall be produced to the City at the time of final inspection by the City.
4.5
Permit Issuance or Denial
a) No permit shall be issued for a proposed sign which does not comply with all
Provincial statutes, regulations and City bylaws.
b) No permit shall be issued for any sign where:
i)
the building or structure to which the sign is or is to be attached is incapable of
supporting the sign, or;
ii)
the information submitted regarding the construction of the building or
structure to which a sign is to be attached is insufficient to allow a
determination of the capability of the building or structure to support the sign.
5 PROHIBITED SIGNS
5.1
Prohibited Signs
a) The following signs are specifically prohibited:
i)
animated signs;
ii)
signs mounted or supported on a balcony or roof deck or roof of a canopy;
iii)
flashing signs;
iv)
off-premise signs except as described in Sections 6.1 & 7.2;
v)
rotating signs;
vi)
roof signs;
vii)
vehicle signs;
viii) signs equipped with flashing, oscillating or moving devices or which have
emissions whether audible, visual or otherwise; and,
ix)
signs which obstruct a parking space or utilize such parking space for
purposes of locating a sign.
b) No more than three (3) signs per business premise frontage are permitted from the
categories of freestanding sign, fascia sign, awning sign or projecting sign.
6 SIGNS NOT REQUIRING A PERMIT
Notwithstanding Section 7, a permit is not required for the following types of signs, provided
that the following regulations are complied with:
6.1
Community Event Signs
a) The sign area of a community event sign shall not exceed 2.97m² (32 sq. ft.) and
the height shall not exceed 2.13 m (7 ft.).
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 9 of 26
b) Community event signs shall only be freestanding, fascia or projecting signs.
c) No more than one (1) community event sign shall be permitted per parcel.
d) Community event signs shall not be erected prior to thirty (30) days before the date
of the community event and must be removed no later than seven (7) days following
the date of the community event.
6.2
Community Organization Signs
a) The sign area of a community organization sign shall not exceed 1.5m² (16 sq. ft.)
per side and the height shall not exceed 2.13 m (7 ft).
b) Community organization signs shall only be freestanding or fascia signs.
c) No more than one (1) community organization sign shall be permitted per parcel.
6.3
Construction Site Signs
a) The sign area of a construction site sign shall not exceed 2.97m² (32 sq. ft) and the
height shall not exceed 2.13 m (7 ft) on a parcel other than for a single family
dwelling or a duplex.
b) The sign area of a construction site sign shall not exceed 1.5m² (16 sq. ft.) and the
height shall not exceed 2.13 m (7 ft) on a parcel of a single family dwelling or
duplex.
c) No more than two (2) construction site signs shall be permitted on a parcel and
illumination shall only be from an exterior source.
d) A construction site sign shall contain only the name of the developers, architects,
engineers, consultants and contractors for the construction on the site. It may also
advertise the names of the future tenants, or other occupants, or provide notice to
contractors working in the area.
e) Construction site signs shall be removed within one (1) month of receiving an
occupancy permit for the building.
6.4
Home Based Business Signs
Home Based Business Signs are permitted only on the premises where such activity is
permitted under the City's Zoning Bylaw. The sign may have two (2) faces. The sign
area of any one face shall not exceed 0.37m² (4 sq. ft). The height of the sign shall not
exceed 1.22 m (4 ft). The sign may be illuminated but only by means of a light source
external to and directed at the sign.
6.5
Identification Signs
a)
The sign area of an identification sign shall not exceed 0.37m² (4 sq. ft.).
b)
Identification signs shall only be fascia signs and shall be mounted only at an
entrance of a business premise.
c) No more than two (2) identification signs shall be permitted per business premise.
6.6
Real Estate Signs - Temporary
a) The sign area of a real estate sign displayed on a single family residential parcel
shall not exceed 0.93m² (10 sq. ft.) and the height shall not exceed 1.83 m (6 ft).
b) The sign area of a real estate sign displayed on a commercial industrial, multi-family
residential parcel, or displayed on a subdivision development, shall not exceed
2.97m² (32 sq. ft.) and the height shall not exceed 3.05 m (10 ft). However, for a
parcel with a site area exceeding 1.0 ha. (2.47 acres), the sign area shall not
exceed 9.29m² (100 sq. ft.), or 13.94m² (150 sq. ft.) if the sign is more than one-
sided and shall not exceed 6.1 m (20 ft) in height.
c) Real estate signs must not be illuminated.
d) No more than one (1) real estate sign shall be permitted per strata unit or parcel
except that for a parcel with a site area exceeding 1.0 ha. (2.47 acres), two (2)
freestanding signs are permitted.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 10 of 26
e) Real estate signs are permitted for a maximum period of 24 months, subject to
renewal.
6.7
Parking Signs
Parking Signs shall not exceed 1.12m² (12 sq. ft.) in sign area and shall not exceed
2.13 m (7 ft.) in height. Two parking signs shall be permitted per business premise.
The sign may be attached to a wall or to a fence. The copy area of the sign shall not
exceed 33% of the sign area.
Amd Bylaw 3466 Aug 30/11
6.8
Political Campaign Signs
a) Political Campaign Signs may have up to four (4) faces. The sign area of any
one face shall not exceed 2.97m² (32 sq. ft.). The sign shall not exceed 2.13 m (7
ft) height.
b) Political Campaign Signs for the purposes of a local government or school district
election shall not be erected prior to the start of the nomination period and shall be
removed not later than seven (7) days following the date of the election.
c)
Political Campaign Signs for the purposes of a federal or provincial election shall
not be erected prior to an election writ being issued and shall be removed not later
than seven (7) days following the date of the election.
d) Political Campaign Signs for the purposes of a federal, provincial, local government
or school district referendum shall not be erected prior to thirty (30) days before the
date of a referendum and shall be removed not later than seven (7) days following
the date of the referendum.
e) Political Campaign Signs are not permitted on:
i)
City or Provincial parks;
ii)
Crown Lands;
iii)
road right-of-way medians;
iv)
on public property located along the east side of Highway 19A between Ist
Avenue and Ocean Grove Road.
7 SIGNS REQUIRING A PERMIT
The following regulations apply specifically to the types of signs referred to in each section:
7.1
Awning/Canopy Signs
a) The sign area of awning/canopy signs shall not exceed 20% of the area of the
building face or business premise, to a maximum of 9.3m² (100 sq. ft.) per building
face.
b) Notwithstanding section 7.4, the combined total sign area of all fascia signs and
awning/canopy signs shall not exceed 9.3m² (100 sq. ft.) per building face for a
maximum of three building faces per building.
c) Awning/canopy signs shall be not less than 2.44 m (8 ft) above the sidewalk.
d) Awning/canopy signs shall be an integral part of the awning/canopy and not an
attachment or addition.
e) Where more than one business premise fronts a street under a single
awning/canopy, there shall be not more than one awning/canopy sign for each
business.
f)
One (1) under-awning/canopy sign with a maximum sign area of 0.37m² (4 sq. ft.)
shall be permitted at each separate business premise entrance and shall not project
beyond the front edge of the awning/canopy.
g) The lowest portion of an under-awning/canopy sign shall be not less than 2.44 m (8
ft) above the sidewalk and it shall not be illuminated.
h) An awning/canopy sign shall not project more than 1.5 m (5 ft) from the building
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 11 of 26
face to which it is attached or within 0.6m (2 ft) of any curb line or extend above the
roofline of a building.
7.2
Directional Signs
a) The sign area of a directional sign shall not exceed 0.75m² (8 sq. ft.) and the height
shall not exceed 1.5 m (5 feet).
b) No more than four (4) directional signs shall be permitted per business premise or
parcel.
c) Directional signs shall be located no closer than 1.5m (5 ft) from any property line.
7.3
Directory Signs
a) The sign area of a directory sign shall not exceed 1.86m² (20 sq. ft.) and the height
shall not exceed 2.13 m (7 feet).
b) No more than two (2) directory signs shall be permitted per business premise.
7.4
Fascia Signs
The sign area of a fascia sign shall be the space between the lower and upper limits on
the face of a building as defined in (a) & (b) below:
a) The lower limit shall be the lintel or window head of the first storey, but in no case
shall it be lower than 2.5m (8.2 ft) from the finished grade immediately below,
except that signs which:
i)
are located entirely over private property and are over a landscaped area or
other restriction designed to keep pedestrian traffic away from the sign; or
ii)
are entirely recessed within the wall or do not project more than 20.32cm (8.0
in) from the wall (e.g.: including but not limited to fascia signs that are painted
wall signs);
b) The upper limit shall be the top of the parapet or eave level of the wall or fascia to
which the signs are affixed.
c) The maximum sign area shall be 1.2m² (12.91 sq. ft.) per lineal metre (3.3 ft) of wall
length of the wall to which the fascia sign is affixed.
d) Only the frontage of the business on which the sign is located shall be used for sign
area calculations.
e) A fascia sign shall not project over public property more than 0.45m (1.5 ft).
f)
Fascia signs shall be located only on the wall of the building containing the
business premises to which the sign refers. Where more than one business
occupies a building, provision shall be made where feasible to provide sign space
on the fascia of each such business by limiting each sign to the portion of the
frontage containing the business referred to.
g) When the flanking wall of a building faces onto an open space including a parking
lot, which is part of the same parcel and such open space has a frontage of not less
than 8.0m (26.2 ft) including a lane, a fascia sign shall be permitted on such flanking
wall, provided such sign does not face onto a residence in the adjoining property.
The sign area for such fascia sign shall be calculated as if such flanking wall has a
frontage equivalent to the open space. In addition to the proceeding, the Inspector
may permit the display of a fascia sign on the side of a building where, due to the
angle of the building relative to the alignment of the street, the signage would be
clearly visible to the street traffic.
h) Businesses located in portions of the business premise not on street frontage shall
be permitted signage on the street frontage of the business premises, provided that
the sign(s) are located in conformity with other signage on the premises and the
maximum allowable sign area for each building face is not exceeded.
i) Fascia signs at the rear of properties are permitted adjacent to a lane provided that
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 12 of 26
the sign does not exceed 9.29m² (100 sq. ft.).
7.5
Flags and Strip Banners
a) Except as provided in section 7.5(b), the total sign area of all flags on a business
premise shall not exceed 9.3m² (100 sq. ft.).
b) Flags and emblems of political, civic, philanthropic, educational or religious
organizations with a sign area not exceeding 4.0m² (43 sq. ft.) shall be permitted
and shall not require a sign permit.
c) Strip banners must be attached to a lamppost. No more than two (2) strip banners
are permitted per lamppost.
7.6
Balloon Signs
Balloon signs shall be permitted for a maximum of two occasions in any one year. The
total number of days that the sign may be displayed, in either one or two occasions, is
30 days. More than one sign is permitted provided that all balloons are secured by a
single anchor.
7.7
Freestanding Signs
a) Freestanding signs shall not exceed in sign area 1.5% of the area of the parcel
upon which they are situated to a maximum accumulated sign area of 24m² (258.3
sq. ft.)
b) The number of freestanding signs on a parcel shall not exceed the greater of two for
each street frontage, or one for each two premises located on the site, provided that
the total number of freestanding signs on any site shall not exceed five.
c) Where two or more freestanding signs are permitted on a street frontage, such
signs shall be located no less than 30m (98.4 ft.) apart and shall not adversely
affect visibility or sight lines for traffic accessing or egressing the property.
d) Freestanding signs shall not project over public property.
e) The minimum vertical clearance of a freestanding sign over:
i)
driveways and other vehicular traffic areas shall be 4.5m (14.8 ft.);
ii)
pedestrian areas shall be 2.13m (7 ft.).
f)
Notwithstanding the provisions of this subsection (f) hereto, low profile freestanding
signs may be permitted with no vertical clearance requirements provided:
i)
such signs are located in a landscaped or otherwise traffic free area; and do
not adversely affect visibility or sight lines for traffic accessing or egressing the
property.
ii)
the sign base is equipped with cladding the width of the sign, or is otherwise
designed with no overhanging or projecting features which may endanger
vehicular or pedestrian traffic, so that the public safety is maintained;
iii)
and when not within the setback area, may be exempted from (b) above.
g) Freestanding signs shall be located on the parcel to which the sign refers, except
that the minimum clearance between the sign structure and any building on the
premises shall be 1.5m (4.9 ft.).
h) Except as provided in section 7.6(i), the maximum height of a freestanding sign
shall be 7.5m (24.6 ft.) except that this height may be increased to 9.0m (29.5 ft.)
for signs over 12m² (129.2 sq. ft.) in area.
i)
For shopping complexes in excess of 10,000m² (107,643 sq. ft.) or business
premises located immediately adjacent to Island Highway 19, the maximum height
of a freestanding sign shall be:
i)
10.5m (34.4 ft.) for signs over 14m² (150.7 sq. ft.) in area;
ii)
12.0m (39.4 ft.) for signs over 16m² (172.2 sq. ft.) in area if the sign is located
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 13 of 26
more than 6.0m (19.7 ft.) from the property line.
7.8
Portable Signs
a) The sign area of a portable sign shall not exceed 0.6m² (6.5 sq. ft.) per face and the
height shall not exceed 1 m (3.3 ft).
b) Only one (1) portable sign is permitted per business premise or parcel.
c) Portable signs shall be located entirely on the same parcel as the business premise
which it is advertising.
7.9
Projecting Signs
a) i)
In no case shall the sign area exceed 0.45m² (4.84 sq. ft) per lineal metre of
building frontage to a maximum of 5.0m² (53.8 sq. ft).
ii)
Only the building frontage of the first storey of the building on which the sign
will be located shall be used for sign area calculation.
iii)
When a projecting sign is located at the corner of a building on a corner site,
the sign area for such sign shall be calculated on the basis of the larger of the
two building frontages.
b) Only one (1) projecting sign is permitted per business premise or parcel.
c) The lowest portion of a projecting sign shall be not less than 2.44 m (8 feet) above
the sidewalk or curb elevation.
d) A projecting sign shall not project more than 0.45 m (1.5 feet) from the building face
to which it is attached, or within 0.6m (2 feet) of any curb line or above the roofline
of a building.
7.10 Promotional Signs - Temporary
a) The sign area of a promotional sign shall be limited to two sides with a maximum
copy area of 1.86m² (20 sq. ft.) per side and shall not exceed a height of 2.13m (7
ft).
b) No more than one (1) promotional sign shall be permitted per business premise or
parcel.
c) No promotional sign shall be displayed for more than 90 days in a calendar year in
minimum blocks of 30 days.
d) Promotional signs are only permitted for temporary advertising, for the opening of a
new business or for a change of ownership.
7.11 Marine Harbour Commercial Signs
a) Site Entry signs must be free standing sign with a maximum height of 4.6 m (15
feet). The support structure of the sign must be an integral part of the design in that
it shall consist of natural timber supports with advertising panels in a single or
double column pattern.
b) Projecting signs shall be permitted on all Premises. The sign may project out from
a building or wall face to a maximum of 0.45 m (1.5 feet) and have a maximum of
2.8m² (3 sq. ft.). This sign may encroach over public rights-of-way, including
walkways. The sign must not exceed 3.0 m above the wharf level adjacent to the
structure. The sign must have two faces.
c) Tenant Business Directory may be permitted in the form of a mini version
(maximum height of 1.5 m) of the Site Entry sign to be displayed at a fuel dock or a
marine convenience facility.
d) The following signs are prohibited: fascia signs, roof signs of any type, banner signs
and portable signs on main walkways.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 14 of 26
7.12 Banner Signs
a) The owner or operator of a business will be permitted to erect banner signs on their
premises for a maximum four occasions per business per year for a time period not
exceeding thirty days on each occasion.
b) Banner signs for non-profit community organizations will be permitted across
Highway 19A on poles erected for that purpose between 4th & 5th Avenues subject
to the following:
(i)
that the sign is constructed of heavy gauge vinyl-coated canvas, complete
with wind slits, grommets across the top at two foot intervals, and ropes or
steel cables top and bottom, sufficient in length to go around the poles; and
(ii)
the sign is erected a minimum of 5.5 m (18 ft) above the road; and
(iii)
the applicant provides liability insurance in the amount of not less than
$2,000,000 with the City of Campbell River added as an additional insured;
and
(iv)
the applicant is a non-profit community organization giving notice of a
community event; and
(v)
each organization is limited to two occasions per year for a time period not to
exceed two weeks on each occasion.
7.13 Electronic Signs
Electronic signs are permitted as follows:
a) installed as part of a Fascia Sign provided that:
i)
the electronic copy sign area must not exceed a length or height of 7.0m
(22.96 ft.) nor an area of 7.0m² (75.32 sq. ft.);
ii)
the complete message is revealed in a maximum time period of ten (10)
seconds before it is repeated.
b) installed as part of a Freestanding Sign provided that:
i)
the electronic copy sign area must not exceed 4.5m² (48.42 sq. ft.) and must
form an integral part of the sign;
ii)
the complete message is revealed in a maximum time period of ten (10)
seconds before it is repeated.
c) no electronic sign will display any third-party advertising on the changeable copy
d) no electronic sign will be placed within 7.5m (24.6 ft.) of an abutting lot in any
agricultural or residential zone.
8 SIGN CONSTRUCTION
8.1 General
Signs and sign structures shall be designed and constructed in accordance with Part
IV of the British Columbia Building Code 2006, as amended. The Inspector may
require as a condition of the issuance of any permit, that all drawings and
specifications or any part thereof, be prepared and sealed by and the construction
carried out under the supervision of a Professional Engineer registered in the
Province of British Columbia and may refuse to issue a permit until provided with a
letter signed by a Professional Engineer registered in the Province of British
Columbia, undertaking to supervise the work authorized by such permit or any part
thereof.
8.2
Approved Combustible Plastic
a) All approved combustible plastic material and the fastenings thereof shall be of
adequate strength and durability to withstand design loads prescribed in
accordance with the B.C. Building Code. The Inspector may require that sufficient
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 15 of 26
and substantial technical data be submitted by the manufacturer for such material
or by a testing agency approved by the Inspector to establish working stresses,
maximum unsupported spans and other such information as may be required for
the various thickness and forms used; and
b) Allowances shall be made for expansion and contraction of plastic materials in
accordance with accepted data on co-efficient of expansion of the material and any
material with which it is employed.
8.3
Other Combustible Material
Wood, leather or other similar combustible material, not including combustible plastic,
may be used as part of a sign providing it is attached to a metal frame capable of
sustaining all loads, borne by the sign.
8.4
Anchorage
a) Signs attached to masonry, concrete or steel shall be safely and securely fastened
thereto by means of metal anchors, bolts or approved expansion screws of
sufficient size and anchorage to support safely the loads applied;
b) Signs shall not be fastened by nails, staples or screws to wooden blocks, plugs or
nailing strips built into masonry concrete; and
c) Bolts or lag screws shall not be fastened to window frames or sills. Lag bolts in
solid woodwork shall not be less than one-half inch in diameter and shall penetrate
the woodwork at least 0.076 m (3 in).
8.5
Corrosion
All support devices and connectors which are used to support or which form a part of
the sign, shall be non-corrosive or be protected against corrosion by galvanizing or
other sufficient manner.
8.6
Canopy Signs
Canopy signs built into or fastened directly to each Canopy face or affixed on top of a
canopy must be constructed of non-combustible material or approved combustible
plastic approved under Section 8.2.
9 SIGN OVER PUBLIC RIGHT-OF-WAY/MAINTENANCE
9.1
Sign over a Public Right-of-Way
a) No sign shall be located upon or over any public right-of-way, street or sidewalk or
public property, except as permitted by this bylaw.
b) No sign shall interfere with or obstruct any traffic control device as defined in the
Motor Vehicle Act, R.S.B.C. 1996, c.318, or in any other way interfere with visibility
from one street to another.
c) No sign shall be displayed in such a manner that it obstructs any door opening,
passageway, fire escape, walkway or similar feature.
d) No sign shall be located upon or suspended over a public right-of-way, street,
sidewalk or public place unless the owner of the business premise upon which the
sign is located or affixed has entered into an encroachment agreement with the
City, in substantially the form attached as Schedule "C" to this bylaw.
9.2
Maintenance of Signs
a) All signs shall be maintained so that at all times they are structurally sound and free
from all hazards caused or resulting from decay or failure of structural members,
fixtures, lighting or appurtenances. All sign area, background, copy, lighting and
embellishment shall be maintained in readable, clean and painted condition.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 16 of 26
b) Normal sign maintenance, including replacement of copy and lighting, shall not
require a permit, but shall conform to all requirements of this bylaw.
10 REMOVAL OF SIGNS AND ENFORCEMENT
10.1 Abandoned Signs
When a sign either no longer serves its intended purpose or ceases to contain accurate
information, the owner of the business premise on which the sign is located shall
remove the sign within six (6) months.
10.2 Temporary Signs
Real estate signs, community event signs and other temporary signs which are
displayed on any parcel shall be removed by the owners of such property within seven
(7) days of the termination of the event or activity which the signs advertised, failing
which the City by its officers, employees or contractors may remove the sign at the
expense of the owner. The City's costs of removal are recoverable from the owner in
the same manner as property taxes and if not paid by the owner by December 31 of the
year in which the costs were incurred and charged to the owner are deemed to be taxes
in arrear.
10.3 Removal and Impoundment
a) The Bylaw Enforcement/Property Services Manager or designate may order the
removal of any sign erected in contravention of this bylaw or may order the
upgrading or removal of any sign in hazardous condition.
b) The Bylaw Enforcement/Property Services Manager or designate may remove and
impound any sign found in contravention of this bylaw where the sign is on a
highway or public place.
c) Any sign impounded may be reclaimed by its owner upon payment to the City of the
storage and handling fee of $25.00. Any impounded sign which has not been
reclaimed within five (5) days of its impoundment, may be destroyed or disposed of
by the City as it sees fit, without compensation by the City.
11 PENALTY, SEVERABILITY AND ENACTMENT
Amd Bylaw 3852 Mar/22
11.1 Penalty
Every person who:
(a) violates or who causes or allows any of the provisions of this bylaw to be violated;
(b) fails to comply with any of the provisions of this bylaw;
(c) neglects or refrains from doing anything required under this bylaw; or
(d) who suffers or permits any act or thing to be done in contravention of any of the
provisions of this bylaw;
is deemed to have committed an infraction of, or an offence against, this bylaw and is
liable on summary conviction to a fine not less than $5,000 and a maximum of $50,000,
or to imprisonment for not more than six months, or to both.
For continuing offences, each day that such violation is caused, or allowed to continue,
constitutes a separate offence.
11.2 Severability
If any provision of this bylaw is found invalid in any court of competent jurisdiction,
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 17 of 26
such decision shall not affect the validity of the remaining portions of this bylaw.
11.3 Repeal
Bylaw number 2476, cited as "City of Campbell River Sign Bylaw No. 2476, 1996", and
all amendments hereto, are hereby repealed.
Read a first time on the
6th
day of
November
2007.
Read a second time on the
6th
day of
November
2007.
Read a third time on the
6th
day of
November
2007.
Adopted on the
20th
day of
November
2007.
Original signed by
_____Roger McDonell_
MAYOR
Original signed by
_____W.T. Halstead___
CITY CLERK
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 18 of 26
THE CITY OF CAMPBELL RIVER-
Schedule "A" to Sign Bylaw 3309, 2007
APPLICATION FOR A PERMIT
TO ERECT, ALTER, ADD, OR MOVE A SIGN
SUPPLY TWO SCALED DRAWINGS OF SIGN WITH THIS APPLICATION
(1) REGISTERED OWNER(S)
LOT
D L
ELK.
SEC.
PLAN NO
(2 )LEGAL DESCRIPTION _______________________________________________
(3) PROPERTY ADDRESS
(4) MAILING ADDRESS OF OWNER(S)
TELEPHONE NO:
(5) CONTRACTOR OR AGENT
(6) MAILING ADDRESS
(7) BUILDING WIDTH
PROPERTY FRONTAGE
(8) TYPE OF WORK: NEW ADDITION ALTERATION l MOVE
(9) DESCRIBE TYPE OF SIGN: FASCIA FREE STANDING CANOPY TEMPORARY
MANSARD ROOF SIGN MULTI-FACETED GROUND SIGN PROJECTING SIGN
(10) SIGN DIMENSIONS: HEIGHT
WIDTH
DEPTH
(11) ACTUAL HEIGHT OF SIGN FROM FINISHED GRADE
(12) SETBACKS FROM PROPERTY LINE: FRONT
LEFT SIDE
RIGHT SIDE
REAR
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 19 of 26
NOTICE:
I, the undersigned, being the owner/agent for the owner of the property described, apply for a permit to do the work detailed in this
application.
In consideration for this permit, I agree for myself and my assigns to indemnify and keep harmless the Corporation of the City of
Campbell River and its officers against and from all claims, liabilities, judgements, costs and expenses which may accrue from
granting this permit, or which may be brought or made against the Corporation of the City of Campbell River, or its officers, in
respect of any matter arising out of the works contemplated therein.
This permit and/or the approval of plans or specifications supporting the application does not:
(a)
Relieve the applicant, owner or occupant from conforming to all acts, by-laws and regulations;
(b)
Relieve the owner's responsibility to search the title and check for restrictions against the property;
and,
(c)
Make the Municipality responsible for providing roads, lanes, water or any service for the property
concerned, or impose upon the Municipality or its employees any obligation to inspect or approve any
construction carried on under this permit.
I understand, agree and will abide with the City of Campbell River Sign By-law.
Signature of Owner or Authorized Agent
Date
All contractors and sub-contractors require business licenses to operate within the city limits.
OFFICE USE ONLY:
SIGN BY-LAW NO ____________________________ MAXIMUM HEIGHT OF SIGN ____________________________________
MINIMUM REQUIRED SETBACKS: Front ________________________________Rear _________________________________
Left Side_____________________________ Right Side_____________________________
SIGN PERMIT FEE ________________________________________ ZONING ________________________________________
PERMIIT NUMBER ___________________________________
CONDITION OF PERMIT
Approved by _________
PERMIT REQUIRED?
YES
NO
INSPECTION REQUIRED?
YES
NO
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 20 of 26
CITY OF CAMPBELL RIVER BYLAW NO. 3309, 2007
Schedule "B" to Sign Bylaw No. 3309, 2007
FEE SCHEDULE
Every applicant for a sign permit shall pay to the City, at the time of such application, a
fee as follows:
Permit Fee
1. Freestanding sign/Fascia sign
$ 100.00
2. Freestanding sign that does not exceed 2.5
m (8.2 ft) in height
45.00
3. Sign alteration
20.00
4. Under-awning sign
10.00
5. Flag or Banner sign
20.00
6. Portable signs, Promotional signs (temporary signs)
10.00
7. All other signs
45.00
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 21 of 26
CITY OF CAMPBELL RIVER BYLAW NO. 3309, 2007
Schedule "C" to Sign Bylaw No. 3309, 2007
ENCROACHMENT AGREEMENT
This Agreement dated the
day of
, is
BETWEEN:
CITY OF CAMPBELL RIVER, a municipal corporation incorporated under the Municipal
Act, R.S.B.C., 1996, c. 323, and having an office at 301 St. Ann's Road, Campbell River,
B. C. V9W 4C7
("City")
AND:
("Owner")
GIVEN THAT:
A. The Owner is the registered owner in fee simple of those lands and premises in the City of
Campbell River located at
and legally described as:
(the "Lands");
B. The Owner has requested permission from the City to encroach upon lands adjacent to the
Lands which the City possesses for the benefit of the public;
C. The City may, by bylaw, regulate the use of highways and public places and establish terms
and conditions according to which a person may encumber or construct on a highway to
public place; and
D. The City has enacted Sign Bylaw No. 3309, 2007 ("Sign Bylaw") authorizing the
encroachment onto highways and public places in the City on the terms and conditions set
out in this Agreement.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 22 of 26
NOW THEREFORE THIS AGREEMENT IS EVIDENCE that in consideration of the premises
and covenants herein contained, and the sum of TWO ($2.00) Dollars now paid by the Owner to
the City, the receipt of which is hereby acknowledged by the City, the parties agree as follows:
I.
Permission to Encroach - The City hereby grants to the Owner permission to
encroach upon that portion of land in the City which is shown outlined in heavy
black lines on the sketch attached as Schedule "D" to this Agreement (the
"Encroachment Area") for the sole purpose of erecting a sign in, on or over the
Encroachment Area, in accordance with the Sign Bylaw (the "Sign").
2.
Fee for Use - The Owner agrees to pay to the City, upon execution of this
Agreement:
(a)
a fee of $10.00; and
(b)
a fee of $l.00 per year of the Term, payable in advance, collectively as a fee
for the use of the Encroachment Area.
3.
Term - This Agreement shall be for a term often (10) years, commencing on
,20 and terminating on , 20 (the "Term").
4.
Deposit - As security for the due and proper performance by the Owner of all of
the covenants in this Agreement and for the removal of the Encroachment, the
Owner shall deposit with the City a security deposit (the "Deposit") in the form of
cash or an irrevocable letter of credit in the amount of $ . The Owner
agrees that the City may use the Deposit to pay the costs of the City in making
repairs to the Sign, removing the Sign, restoring the Encroachment Agreement
and covering any other costs of the City arising out of any breach of this
Agreement by the Owner.
5.
Acknowledgment of Highway or Public Place - The Owner acknowledges and
agrees that the Encroachment Area is a highway or a public place and that the
City has limited power to authorize the private use of highways and public places.
The Owner further acknowledges and agrees that any rights granted by the City
to the Owner by this Agreement are not exclusive and are subject to the public's
right to pass and repass and that the City has full authority pursuant to this
Agreement to require the removal of the Sign from the Encroachment Area, at
any time, in accordance with this Agreement, without compensation to the
Owner.
6. Construction and Maintenance - Prior to constructing or erecting the Sign, the
Owner shall provide to the City detailed plans and specifications showing the
intended location of the construction of the Sign.
7.
The Owner shall at all times keep and maintain the Sign and the Encroachment
Area in good and sufficient repair to the satisfaction of the City.
8.
Notwithstanding prior approval of any work, the Owner shall give written notice to
the City of its intention to perform any construction, maintenance or repairs to the
Sign not less than three (3) clear days before the beginning of such work unless
otherwise authorized in writing by the City.
9.
The Owner shall use all reasonable efforts to cause a minimum of obstruction
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 23 of 26
and inconvenience during the construction, operation, maintenance or repairs of
the Sign, and shall place and maintain such warning signs, barricades, lights or
flares at or near the site of any work in progress as well give reasonable warning
and protection to members of the public.
10. Except as expressly authorized in writing by the City, the Sign shall be
constructed in such a manner as not to interfere with any existing municipal
utilities. In the event that the Owner is authorized to interfere with existing
municipal utilities in or in the vicinity of the Encroachment Area, the Owner shall,
upon written notice by the City, reimburse the City for all sums expended by the
City in altering such municipal utilities, as requested, as determined in the sole
discretion of the City.
11. The Owner shall provide, if requested by the City, as-built plans of the Sign within
one (I) month of completion of its construction.
12. Relocation - If any highway or public place under, on or above which any part of
the Sign is constructed is required for the installation of municipal utilities or other
highway or public purposes such that the removal or relocation of the Sign or a
portion of the Sign, is in the opinion of the City, required, the City may give the
Owner notice and the Owner shall forthwith after receipt of such notice remove or
relocate the Sign or the portion of the Sign affected, all at the sole expense of the
Owner.
13. City May Enter - The City by its authorized agents or employees shall have the
right at any and all times to enter into and upon the Encroachment Area for any
purposes whatsoever.
14. Indemnification - The Owner shall indemnify and save harmless the City from
and against all actions, proceedings, claims and demands by any person and
shall reimburse the City for all damages and expenses caused or contributed to
by the negligence or other default of the Owner in respect of anything done
pursuant or ostensibly pursuant to this Agreement including without limitation the
construction, operation, maintenance and repair of the Sign.
15. Notice - Any notice required or allowed to be given under this Agreement shall
be deemed to have been given to the party to whom it is addressed if it is mailed
in British Columbia, in a prepaid envelope addressed to the address of the party
as set out on page one (1) of this Agreement and any notice, demand or request
so given shall be deemed to have been received and given five (5) days after the
date of mailing. Alternatively, any notice under this Agreement may be delivered
by hand and shall be deemed to be received upon the day of delivery.
16. Insurance - The Owner covenants and agrees with the City that the Owner shall
maintain at its sole expense comprehensive general liability insurance providing
coverage for acts or omissions by the Owner, its employees and agents in the
amount of not less than $2,000,000.00 per occurrence, all inclusive, and the
insurance policy shall:
(a)
name the City as an additional insured;
(b)
be issued by an insurance company entitled under provincial law to carry
on business in British Columbia;
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 24 of 26
(c)
state that the policy:
(i)
applies to each insured in the same manner and to the same extent
as if a separate policy of insurance had been issued to each insured;
and,
(ii)
cannot be cancelled, lapsed or materially changed without thirty (30)
days written notice to the City;
(d)
be maintained for a period ending twelve months after this Agreement is
terminated; and
(e)
not include any deductible amount greater than $5,000.00 per occurrence.
17. Copies of Policies - The Owner shall provide the City with a copy of the
required policy upon demand and shall thereafter provide copies of any
amendment to the policy.
18. Replacement Insurance - In the event the Owner fails to maintain insurance as
required by this Agreement, the City in its sole discretion may, after seven (7)
days notice to the Owner, obtain such insurance in whole or in part. If the City
obtains such insurance, the Owner shall reimburse the City for the cost of that
insurance within fifteen (15) days of receiving written notice to do so from the
City. If the Owner fails to reimburse the City as required, the City may use the
Deposit for this purpose and require the Owner to forthwith replenish the Deposit
to its original amount.
19. Survival of Terms - The indemnification, release and insurance obligations of
the Owner under this Agreement shall survive any termination of this Agreement
in relation to any event first arising or commencing on or before the date of
termination of this Agreement.
20. Termination - the Owner understands and agrees that the City may at any time,
in its sole discretion, withdraw the rights it has granted herein to the Owner by
giving five (5) days notice to the Owner in writing. In the event of such
withdrawal, for any cause or reason whatsoever, the Owner shall, at its own
expense, within such time as may be specified by the City, remove the Sign and
fill up any excavation made, constructed or maintained with respect to it, and
otherwise restore the Encroachment Area to its original state to the satisfactory
of the City.
21. Removal of Fixtures and Chattels - If the Owner fails to clear the
Encroachment Area as required under this Agreement, the City and its agents
may remove all fixtures, chattels, improvements, personal property and all other
things on the Encroachment Area. The City may apply the Deposit or part of it to
the cost of such removal and any deficiency will be a debt due and owing to the
City by the Owner upon receipt by the Owner of the City's invoice for the
deficiency.
22. Release - The Owner releases and forever discharges the City from all manner
of claims of any nature whatsoever which may arise by reason of any act or
omission of the City pursuant to this Agreement.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 25 of 26
23. Compensation - Notwithstanding any provision of this Agreement, the Owner
shall not be entitled to compensation for injurious affection or disturbance
resulting in any way from the removal of the Sign and, without limitation, shall not
be entitled to business losses, loss of profit, loss of market value, relocation costs
or other consequential loss by reason of the removal of the Sign or by reason of
the termination of the Agreement.
24. Interest in Land - This Agreement grants no interest in land in the
Encroachment Area to the Owner.
25. Waiver - Waiver of any default by either party shall not be deemed to be a waiver
of any subsequent default.
26. Interpretation - Whenever the singular or masculine is used in this Agreement,
the same is deemed to include the plural of feminine or the body politic or
corporate as the context requires.
27. References - Every reference to each party is deemed to include the heirs,
executors, administrators, permitted assigns, employees, servants, agents,
contractors, officers, directors and invitees of such party, where the context so
permits or requires.
28. Enurement - This Agreement shall enure to the benefit of and be binding on the
parties and their respective successors and assigns.
29. Severance - If any portion of this Agreement is held invalid by a court of
competent jurisdiction, the invalid portion shall be severed and the decisions that
it is invalid shall not affect the validity of the remainder of this Agreement.
30. Assignment - The Owner shall not be entitled to transfer or assign this
Agreement, in whole or in part, and shall not permit or suffer any other person to
occupy the whole or any part of the Encroachment Area, without the written
consent of the City. Prior to transferring, assigning, and giving or in any way
alienating the Encroachment Area, the Owner shall advise the prospective
transferee to become a party to this Agreement in the place of the Owner. Failure
to cause the transferee to become a party to this Agreement shall cause
immediate termination of this Agreement.
31. Entire Agreement - The provisions herein contained constitute the entire
agreement between the parties and supersede all previous communications,
representatives and agreements, whether verbal or written, between the parties
with respect to the subject matter hereof.
32. Time of Essence - Time is of the essence of this Agreement.
33. Governing Law - This Agreement shall be governed by and construed in
accordance with the laws of the province of British Columbia.
Sign Bylaw No. 3309, 2007 Consolidated to
Bylaw No. 3852, 2022
Page 26 of 26
IN WITNESS WHEREOF the parties have executed this Agreement on the day and year first
above written.
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The Corporate Seal of
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the CITY OF CAMPBELL RIVER was
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hereunto affixed in the presence of:
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_________________________________________
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MAYOR:
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_________________________________________
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CITY CLERK:
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The Owner by its authorized signatories:
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Signed, sealed and delivered by
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_________________________________________
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Name:
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____________________________ )
Position: _________________________________
Witness:
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____________________________ )
_________________________________________
Address:
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Name:
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____________________________ )
Position: _________________________________
Occupation:
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