Signs

Castlegar, British Columbia

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City of Castlegar BYLAW N0.1254 A bylaw to regulate signs and other advertising within the boundaries of the City of Castlegar. WHEREAS the Council is authorized, pursuant to section 8(4) of the Community Charter, and section 526 of the Local Government Act, to regulate and impose requirements in relation to signs and other advertising within the Municipality; NOW THEREFORE the Council of the City of Castlegar, in open meeting assembled, enacts as follows: Part 1 Administration and Interpretation 1. Title (a) This Bylaw may be cited for all purposes as the "City of Castlegar Sign Bylaw No. 1254". 2. Definitions (a) In this Bylaw, Building Bylaw Means the Building Bylaw 950, as amended from time to time; Building Official means the Building Official, as defined in the Building Bylaw as amended from time to time. Commercial Zone means commercial zone, as defined in the Zoning Bylaw; Industrial Zone means industrial zone, as defined in the Zoning Bylaw; Lot Line means lot line, as defined in the Zoning Bylaw; Owner Means the registered owner or the occupier of the property on which a sign is locat~d, or the owner or lessee of a sign or their authorized representative. Public Zone means public zone, as defined in the Zoning Bylaw; Residential Zone means residential zone, as defined in the Zoning Bylaw; Page 2 of 14 Sign means a visual device or structure intended to advertise, announce or draw the attention of the public; Sign Area means the area of a rectangle within which the extreme limits of the face of a sign can be completely contained, excluding its supporting structure except that: a. where a sign has more than one face, or the face of the sign is not flat, the area shall be the combined area of the faces visible from any one point; and b. where a sign is made up of individual letters, the area of such sign shall be the combined area of the smallest rectangles, that will enclose the individual letters or figures; Sign Height means the vertical distance measured from the highest point of the sign to the natural ground level directly below the highest point of the sign; Zoning Bylaw means the Zoning Bylaw No. 800, 1999, as amended from time to time. Part 2 General Provisions Page 3 of 14 3. Zoning Bylaw (a) Where the regulations contained in this Bylaw concerning signs conflict with regulations in the Zoning Bylaw, the regulations in the Zoning Bylaw govern. 4. Building Bylaw (a) Where the regulations contained in this Bylaw concerning signs conflict with regulations in the Building Bylaw, the regulations in the Building Bylaw govern. 5. Severability (a) The provisions of this Bylaw are severable and invalidity of any part of this Bylaw shall not affect the validity of the remainder of this Bylaw. 6. Requirement for a Permit (a) A sign may be erected altered, rebuilt, relocated or attached to any building, structure or land only in conformance with the provisions of this Bylaw, the Zoning Bylaw, and the Building Bylaw. (b) Every person shall apply for and obtain a building permit before constructing, repairing, erecting, allowing, installing, placing, moving, rebuilding, reconstructing, or altering a sign. (c) Despite sentences (a) and b), a permit is not required for change or repair of lettering or the internal equipment of signs. (d) Despite any other provisions of this Bylaw and the Building Bylaw, no permit is required for fhe type of signs that are "allowed without permit" under Part 3 of this Bylaw. 7. Application for a Permit (a) An application for a permit for a sign must be submitted in conformance with the Building Bylaw. A sign is considered as a structure under the Building Bylaw. (b) A permit for a sign shall only be issued if both the Type and Form of the sign, as specified in Part 3 and Part 4 of this Bylaw, are allowed in the zone where the sign is to be located. 8. Enforcement Page 4 of 14 (a) This Bylaw may by enforced by the Building Official, who may exercise in respect of a permit for a sign any powers provided under the Building Bylaw in respect of building permits. 9. Penalty (a) Every person who contravenes any provision of this Bylaw commits an offense punishable on summary conviction and shall be liable to a fine of not more than $10,000 (Ten Thousand Dollars). 10. Measurements (a) All dimensions and other measurements are expressed in this Bylaw in the Standard International Unit (Metric) system while the equivalents in the Imperial System shown in brackets are included for convenience only and do not form part of this Bylaw. (b) The symbols used for dimensions and other measurements in this Bylaw are defined in accordance with the Zoning Bylaw. Part 3 Regulations by Type of Sign 11. Type of Sign Definitions Type (a) The Type of a sign is distinguished by its purpose and is defined in Column A and Column B in the following Table, and all other signs not so defined are prohibited. Table 11.1-Type of Sign Definitions Definition means a sign: Commercial Sign 1. intended to advertise or promote a business, product, service, place or commercial event; 2. showing the list of tenants of a commercial or industrial building or complex; or 3. intended to deliver a religious, social or political message; but, not including home occupation signs, real estate signs and temporary signs. means a sign: 1. usually free-standing or embedded in a fence, which carries only the name of a housing Directory Sign complex, subdivision, commercial park or industrial park; 2. usually located on a highway approaching the City, built under the auspices of a government or non-profit organization, and intended to guide tourists to the location of the community or community facilities; or 3. a plaque, cenotaph or similar structure permanently installed to commemorate an Page 5 of 14 event or a person. Home Occupation means a sign indicating that a home occupation, as defined in the Zoning Bylaw, is carried Sign out. means a sign: 1. indicating the name of the occupation or address or a non-commercial or non- industrial building; Identification Sign 2. usually imbedded permanently in a wall or fence, carrying the name or completion date of a building, or non-profit facility; 3. showing the list of tenants of a multiple residential building; or 4. a flag excluding banners and pennants, containing distinctive colours, patterns or symbols used as a symbol of a government or other non-profit organization. means a sign: Real Estate Sign 1. excluding kiosks, located on the subject property, to promote sale, lease or rent of a property; or, 2. installed during the construction of a building or facility on the subject property, and intended to promote sale, lease or rental of the said building or facility. Regulatory Sign A sign erected be a federal, provincial, or municipal government that regulates or prohibits specified uses or activities . 1. a sign displayed for a limited time period announcing or advertising a community, Temporary Sign charitable, civil, patriotic, or religious event occurring in the municipality on a date or dates specified on the sign; or 2. a sign that is displayed for a limited time period to celebrate a season, holiday or other non-commercial event or anniversary. Column A Column B Page 6 of 14 12. Residential Zones (a) In Residential Zones, only signs of the Type listed in Column "A" of the following Table are permitted, such signs shall be installed and maintained in accordance with the restrictions, maximum number of signs, maximum sign area, maximum sign height, and other requirements as described in Columns "B" through "F", and all other signs not so permitted are prohibited. Table 12.1-Type of Signs allowed in Residential Zone Maximum Maximum Maximum Sign Other Type Restriction No. of Signs Sign Area Height Requirements Directory Sign Permit required No restriction Allowed only for Home one-family 1 per front or 0.3 m2 Occupation Sign dwelling or exterior side 3.0 m (9.8 ft) None duplex with a lot line (3.2 ft2) each permit Identification Allowed without 1 per front or 0.3 m2 (3.2 Lower than the No size or height exterior side lowest level of restriction for Sign permit lot line ft2) each roof flags 1.5 m2 (16.1 ft2) 1.5 m (4.9 ft) for Allowed without 1 per front or each for single single residence, Real Estate sign permit exterior side residence, 6.0 30.0 (9.8 ft) for None lot line m2 (64.5 ft2) each for others others Regulatory Sign 1 per front or 0.3 m2 Permit required exterior side 3.0 m (9.8 ft) Maximum (Private) lot line (3.2 ft2) each duration of a temporary sign Regulatory Sign (except (Government) Allowed without construction permit No restriction notice) shall be Temporary Sign 60 days Column A Column B Column C Column D Column E Column F Page 7 of 14 13. Commercial Zones and Industrial Zones (a) In Commercial Zones and Industrial Zones, only signs of the Type listed in Column "A" of the following Table are permitted, such signs shall be installed and maintained in accordance with the restrictions, maximum number of signs, maximum sign area, maximum sign height, and other requirements as described in Columns "B" through "F", and all other signs not so permitted are prohibited. Table 13.1-Type·of Signs allowed in a Commercial Zone or Industrial Zone Maximum Maximum Sign Maximum Sign Other Type Restriction No. of Signs Area Height Requirements In total, 10.0 m2 15.0 m (49.2 ft} 1 per 30 m of (107 ft2} per lot for freestanding Commercial Sign Permit required frontage plus 2 or per 100 m2 sign. Lower than None {1076 ft2 ) of GFA the lowest level per premises whichever is of roof or eave greater for others. Directory Sign Permit required No restriction Allowed only for Home one-family 1 per front or 0.3 m2 (3.2 ft2} dwelling or· exterior side lot 3.0 m (9.8 ft} None Occupation Sign duplex with line each permit Identification Allowed without 2 per front or 6.0 m2 (64.5 ft2) Not higher than No size or height exterior side lot the lowest part restriction for Sign permit line in total of roof or eave flags Allowed without 1 per front or 6.0 m2 (64.5 ft2} Real Estate Sign permit exterior side lot each 3.0 m (9.8 ft} None line Regulatory Sign Permit required No restriction 0.6 m2 (6.4 ft2} 3.0 m (9.8 ft} Maximum (private) duration of a temporary sign Regulatory Sign (except (government) Allowed without No restriction construction permit notice) shall be Temporary Sign 60 days Column A Column B Column C Column D Column E Column F Page 8 of 14 14. Public Zones (a) In Public Zones, only signs of the Type listed in Column "A" of the following Table are permitted, such signs shall be installed and maintained in accordance with the restrictions, maximum number of signs, maximum sign area, maximum sign height, and other requirements as described in Columns "B" through "F", and all other signs not so permitted are prohibited. Table 14.1-Type of Signs allowed in a Public Zone Type Restriction Maximum No. of Maximum Sign Maximum Other Signs Area Sign Height Requirements Directory Sign Permit required No restriction Identification 1 per front or 0.6 m2 (6.4 ft2 ) No size or height Sign Permit required exterior side lot each 3.0 m (9.8 ft) restriction for flags line Allowed without 1 per front or 6.0 m2 (64.5 ft2) Real Estate Sign permit exterior side lot each 3.0 m (16.1 ft) None line Regulatory Sign 1 per front or 0.3 m2 (3.2 ft2) (private) Permit required exterior side lot each 3.0 m (9.8 ft) Maximum duration line of temporary sign (except Regulatory Sign construction (Government) Allowed without No restriction notice) shall be 60 permit days Temporary Sign Column A Column B Column C Column D Column E Column F Page 9 of 14 Part 4 Regulations by Form of Sign 15. Form of Sign Definitions (a) The Form of a sign is distinguished by its shape, material, or the object that the sign is affixed to, and is defined in Column A and Column B in the following Table, and all other signs not so defined are prohibited. Table 15.1- Form of Sign Definitions Form Definition Banner A sign of light-weight fabric or similar material mounted to a frame at one or more edges, excluding flags and canopy signs Bench Sign A sign attached or painted to a bench or a bus-stop shelter on a roadside or in a park Canopy Sign A sign painted, or attached to an awning, canopy or marquee Fascia Sign Means a flat sign painted, mounted or displayed parallel to the face of the building to which it is located, and shall not include projecting signs. Means any single piece of lightweight fabric or similar material mounted or suspended Flag so as to allow the movement of the Sign caused by all currents, and contains the colol!rs, patterns, or symbols of government, political party or other entity, and contains no commercial message. Free-standing Sign A sign attached to a permanent foundation, which is independent of any building or other structure Kiosk A free-standing structure showing a number of small signs to promote businesses of same kind or real estates A sign which is not attached to the ground or other permanent structure, such as Portable Sign sandwich board signs, signs on a wheel, signs carried by a person or animal, or signs set upon or supported by a motor vehicle Projecting Sign A sign affixed to a building in a manner that its leading edge extends more than 30 cm beyond the surface of the such building Column A Column B Page 10 of 14 16. Form of Sign Restrictions by Zoning Designation (a) In Residential Zones, Commercial Zones, Industrial Zones, and Public Zones, only signs of the Form listed in Column "A" of the following Table are permitted, in accordance with the restrictions described in Columns "B" through "D", and all other signs not so permitted are prohibited. Table 16.1- Form of Sign Restrictions by Zoning Designation Form Residential Zone Commercial & Industrial Public Zone Zone Banner Prohibited Allowed Bench Sign Prohibited Allowed Canopy Sign Prohibited Allowed Free-standing Allowed. A free-standing sign shall not be closer than 30.0 m (98.4 ft) to other free-standing Sign sign located in the same lot. Kiosk Prohibited Allowed one for each lot Portable Sign Prohibited Allowed one for each Prohibited premises Projecting Sign Prohibited Allowed one for each premises. Fascia Sign Allowed one for each premises. Column A Column B Column C Column D Page 11 of 14 17. Prohibited forms of signs (a) for clarity and without limiting the prohibitions in sections 11 and 15 of this Bylaw, the following forms of signs, defined in Column A and Column B in the following Table, are specifically prohibited in Residential Zones, Commercial Zones, Industrial Zones and Public Zones. Table 17.1- Prohibited Forms of Signs Form Definition Air-inflated sign A sign whose shape or erection in maintained by compressed air or by light gas Animated sign A sign that uses movement or change of lighting to depict action or to create a special effect of scene. Billboard Sign A commercial sign, excluding kiosks, where the object promoted by it is located on another parcel. Pennant A sign of light-weight fabric or similar material suspended form a string or wire, usually in series. Roof Sign 1. a sign erected upon or above a roof or parapet of a building, or 2. a sign affixed to a building and extending vertically above the roof line, but 3. excluding projecting signs or canopy signs. Column A Column B Page 12 of 14 Part 5 Additional Regulations 18. Free-standing Sign and Kiosk Setbacks (a) Despite any other provision of this Bylaw, a free-standing sign or a kiosk in any zone shall be sited in accordance with the minimum front, interior side, exterior side, and rear lot line setbacks, as described in Columns "B" through "E" in the following table. Table 18.1-Setback of Free-standing Signs and Kiosks Form of Signs Minimum Front Lot Minimum Interior Minimum Exterior Minimum Rear Lot Line Setback Side Lot Line Setback Side Lot Line Setback Line Setback Free-standing 3.0 m (9 .. 8 ft) 0.5 m (1.64 ft) 3.0 m (9.8 ft) 6.0 m (19.7 ft) Sign or Kiosk Column A Column B Column C Column D Column E 19. Portable Sign Requirements (a) Portable signs shall be factory made or be constructed of wood with painted or raised messages on a painted background. (b) Despite Part 3 of this Bylaw, the maximum sign area for a portable sign shall be 3.0 m2 (32 sq ft.). 20. Highway Encroachment (a) When a sign or any part of a sign encroaches onto a highway or a public place, the owner shall obtain written approval from the City Engineer before installation. (b) Signs projecting over a pedestrian area shall have a clearance to the underside of the projection of at least 2.8 m (9.2 ft) above grade or sidewalk. (c) Signs projecting over a vehicular traffic area shall have a clearance to the underside of the projection of at least 4.5 {14.8 ft) above grade. Page 13 of 14 21. Nuisance Signs (a} A sign may not be erected or lighted in such a manner as to interfere with: (i} the ability of a motorist to see oncoming traffic; (ii} the visibility at an access to or egress from a highway; or (iii} the visibility of a highway traffic control device. (b} A sign may not be illuminated or equipped with flashing, oscillating or moving lights or beacons in such a manner as to cast a direct beam on any highway or residential premises. (c} No sign except regulatory signs shall be attached or painted to a power pole, telephone pole, street light pole or traffic control device. Part 6 Transition and Repeal 21. Repeal (a} The following. by-laws, and all amendments thereto, are repealed: (i} In the Zoning Bylaw: (A} In section 1.0.3, the definitions for "sign area", and "sign height"; (B} Sections 8.1.1 to 8.3.4. READ A FIRST TIME this 1zth day of June, 2017. READ A SECOND TIME this 1zth day of June, 2017. READ A THIRD TIME this 1zth day of June, 2017. ADOPTED this 26th day of Jul'.le, 2017. Page 14 of 14 Director of Corporate Services