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THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 1 OF 8
A bylaw to regulate signs in the Village of New Denver
WHEREAS Section 526 of the Local Government Act provides that, subject to the Transportation
Act and section 135 of the Motor Vehicle Act, a local government may, by bylaw, regulate the
number, size, type, form, appearance and location of any signs;
AND WHEREAS the Council of the Village of New Denver considers it necessary and in the public
interest to regulate signs in the Village of New Denver;
NOW THEREFORE the Council of the Village of New Denver, in open meeting assembled, enacts
as follows:
1. CITATION
This bylaw may be cited for all purposes as "Village of New Denver Sign Bylaw No. 711,
2017".
2. DEFINITIONS
For the purpose of this bylaw, unless the context otherwise requires, the following
definitions shall apply:
"advertising sign" means a sign advertising a product, commodity or service for sale or
on display on the property on which the sign is erected, or advertising that a certain
business or event is carried on upon the property on which the sign is erected;
"area" in relation to a sign means the total surface area of a sign exclusive of framework
and supporting structure and, in the case of a double-faced sign, means the area of one
face only;
"awning" means a temporary shelter supported entirely from the exterior wall of a
building and composed of non-rigid materials except for the supporting framework;
"Building Bylaw" means the Building Bylaw of the Village of New Denver;
"Building Inspector" means the person or persons authorized by Council to administer
the Building Bylaw;
"canopy" means a permanent roof-like shelter extending from part or all of a building
face, and constructed of one or more durable materials;
"Administrator" means the Chief Administrative Officer of the Village, and that person's
deputy;
"community activity sign" means a sign indicating that a community activity is about to
be, or is being, carried on;
"community information sign" means a sign, or a group of signs at a single location
designated as a community information stop, providing information on attractions,
services, and facilities available in the community and surrounding area, and including a
community entrance or welcome sign;
"directional sign" means a sign which serves solely to designate the location or direction
of any place or area;
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 2 OF 8
"directory sign" means a sign listing religious activities, service club activities, and other
similar community activities;
"fascia sign" means a sign displayed on the surface of a building;
"flashing sign" means a sign which contains an intermittent or flashing light source, or
which includes the illusion of intermittent or flashing light by means of animation or an
externally-mounted intermittent light source;
"free standing sign" means a sign which is not connected in any way to a building, and is
self-supporting;
"home occupation sign" means a sign identifying a use which is accessory to a
residential use and permitted as a home occupation under the Zoning Bylaw;
"owner" means the registered owner of real property on which a sign is located, or the
owner or lessee of a sign or his authorized agent;
"political sign" means a sign erected to promote voting at an election for a particular
candidate or in support of, or opposition to, a particular party or issue;
"prohibition sign" means a sign indicating a prohibition or penalty respecting the
property on which it is located;
"projecting sign" means a sign projecting at an angle from a building or structure and
attached to the building or structure or to a canopy or awning;
"public building sign" means a sign located on the property of a public building,
including a church, library or school, and indicating thereon only the name of the
building and the activities pertaining to that building;
"real estate sign" means a sign indicating only that the property on which it is located is
for sale or rent, or has been sold or rented;
"scenic route sign" means a standardized sign erected by the Ministry of Transportation
and designed to aid motorists who wish to follow a designated scenic route;
"service and attraction sign" means a standardized white and blue sign erected by the
Ministry of Transportation and designed to direct motorists to specific tourist service
services, facilities and attractions;
"sign" means any visual representation or attention drawing device which
communicates information or advertising for any purpose, displayed out of doors or on
the exterior of a building but does not include a traffic control device;
"street" means and includes streets, roads, lanes, sidewalks, public squares, boulevards
and rights-of-way open to the public;
"third party sign" means a sign
(a) whether on a billboard or other structure primarily intended for the display of
advertising, or upon the exterior of a building, wall, fence, or other structure
primarily intended for other purposes; and
(b) which advertises other than the occupants of the premises or the goods and services
available on the premises on which the sign is displayed;
"tourist area sign" or "tourist region sign" means a sign erected to identify entry points
into designated tourist areas or regions within the Province of British Columbia;
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 3 OF 8
"Travel Info sign" or "Travel InfoCentre sign" means a sign indicating the location of
information of interest to travelers or the location of a travel information centre which
provides information to travelers, and includes advance warning signs for travel
information or a travel information centre;
"Village" means the Village of New Denver;
"warning sign" means a sign erected by a public authority and indicating a danger or
hazard;
"zone" means one of the zones into which the Village is divided under the Zoning Bylaw.
3. APPLICATION AND ADMINISTRATION
3.1.
The provisions of this bylaw shall apply to the whole of the area within the
boundaries of the Village.
3.2.
No sign shall hereafter be erected, placed, altered or moved unless in conformity
with this bylaw.
3.3.
Nothing in this bylaw shall be interpreted as relieving any person from complying
with the provisions of any other bylaw of the Village.
3.4.
The provisions of this bylaw apply to signs located in a Development Permit Area,
established under Section 488 of the Local Government Act, having an area less
than 1 square meter.
3.5.
The Administrator:
(a) Shall keep records of applications received, permit fees paid, sign permits
issued, and such other records as he may deem necessary in relation to this
bylaw,
(b) shall issue permits when, to the best of his/her knowledge, the proposed sign
complies with the requirements of this and any other applicable bylaws, and
(c) may revoke any permit where there is a violation of any condition under which
the permit was issued, or a violation of this or any other relevant bylaw.
3.6.
The Administrator may:
(a) enter, at all reasonable times, upon any property on which a sign is being, or
has been, erected where the sign is subject to the provisions of this bylaw, and
(b) direct the immediate cessation or correction of all or any portion of the work
relating to the erection or placement of a sign whenever such work is to the
best of his/her knowledge not in conformance with the provisions of this
bylaw.
4. EXEMPTIONS
4.1.
The following signs are exempt from the provisions of this bylaw:
(a) signs painted on an awning;
(b) signs displayed within a building or structure;
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 4 OF 8
(c) signs owned or leased by the Village for municipal purposes;
(d) traffic control signs as defined in the Motor Vehicle Act;
(e) signs required to be posted or maintained by any municipal bylaw or Federal
or Provincial statute or regulation;
(f) signs relating to construction which are located on the land on which the
construction is currently being carried on;
(g) real estate signs with a copy area not exceeding 1.0 square metre;
(h) third party signs on benches located on public lands where the design and
location of the bench has been approved by the Village, and where the sign is
displayed on the face of the backrest of the bench only and does not exceed
2.5 metres in length or 0.7 metres in height;
(i) memorial plaques, cornerstones, historical tablets, and similar signs;
(j) on-site directional signs, not exceeding 1.0 square metre in area, intended to
facilitate the movement of pedestrians and vehicles on the property on which
such signs are located;
(k) emblems or insignia of any nation, a province or territory of Canada, or of any
political, civic, philanthropic, cultural, educational or. religious organization;
(l) house numbers and name plates not exceeding 0.2 square metres in area for
each dwelling unit;
(m) signs not exceeding 1.0 square metre advertising yard sales or garage sales in
the Village.
5. PROHIBITIONS
5.1.
The following are prohibited:
(a) signs located on a roof of a building;
(b) signs erected on or over a highway or Village owned property, where such
signs are not erected by or on behalf of the Village;
5.2.
No person shall post or exhibit placards, playbills, advertising signs, writings or
pictures on walls, fences, power or telephone poles, street light standards, or on
any other similar structures on or adjacent to a highway.
5.3.
No sign shall be erected that in the opinion of the Administrator would interfere
with the safe and efficient movement of vehicular or pedestrian traffic or the
visibility of any traffic control device.
5.4.
No third party signs shall be permitted except where the design and location has
been approved in advance by Council resolution.
6. REQUIREMENTS
6.1.
The signs described herein shall conform to the requirements set out in the
following table:
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 5 OF 8
Sign Type
Maximum Area in
Square Meters
Permitted Zones
Permitted Type
Advertising
10.0
Commercial
Industrial
Fascia, free standing or
projecting
Community activity
0.6
All zones
Fascia or free standing
Community information
None
All zones
Free standing
Directional
0.4
All zones
Free standing
Directory
6.0
All zones
Free standing
Home Occupation
0.5
Residential
Fascia or free standing
Home identification
0.2
Residential
Fascia or free standing
Political
6.0
Residential
Commercial
Industrial
Fascia or free standing
Prohibition
0.6
All zones
Fascia or free standing
Public building
2.0
All zones
Fascia or free standing
Real Estate
3.0
All zones
Fascia or free standing
Scenic Route
None
All zones
Free standing
Service & attraction
None
All zones
Free standing
Tourist area/region
None
All zones
Free standing
Travel Info/InfoCentre
None
All zones
Free standing
Warning
None
All zones
Fascia, free standing or
projecting
6.2.
No person shall erect more than three (3) advertising signs.
6.3.
No person shall erect more than three (3) directional signs.
6.4.
Where a sign permitted by this bylaw constitutes a structure requiring a permit
under the Building Bylaw, a sign permit shall not be required in addition to the
building permit.
6.5.
Projecting signs shall not extend beyond the property line except in a commercial
zone where an overhang not exceeding 1.0 metres is permitted onto a street,
providing the projection is structurally sound, the overhang has a minimum vertical
clearance of 2.6 metres from the adjacent street level, and the sign is not higher
than the roof line of the building or structure to which it is attached.
6.6.
Fascia signs shall not overhang more than 0.3 metres onto a street.
6.7.
Free standing signs shall not exceed a height of 7.0 metres from the adjacent
ground level.
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 6 OF 8
6.8.
Political signs shall not be located on any highway or other public lands, shall not
be erected more than 45 days prior to the election to which they relate, and shall
be removed within 7 days after the election. The organization or candidate on
behalf of whom such signs have been erected shall be responsible for their
removal.
6.9.
Signs and sign structures shall be designed and constructed as provided for in this
bylaw and in the Building Bylaw to resist wind and seismic and dead loads.
6.10.
Illuminated signs shall be connected to an electrical circuit on the premises on
which the signs are located and all electrical installations shall be approved by the
Electrical Safety Branch of the Province of British Columbia.
6.11.
Canopy Signs:
(a) A sign attached to the underside of a canopy, roof overhang, or similar
structure shall have a minimum vertical clearance of 2.6 metres from the
adjacent street level.
(b) A sign affixed to a canopy face shall not extend beyond the horizontal or
vertical face of the canopy, and shall not project more than 0.3 metres from
the said face.
6.12.
Fascia signs attached to a building wall shall not extend beyond the horizontal or
vertical face of the wall, and shall not project more than 0.3 metres from the said
wall.
7. RESPONSIBILITIES OF OWNERS
7.1.
No owner or other person shall commence the installation nor authorize or permit
the installation, of a sign unless any permit required by this bylaw or the Building
Bylaw has first been obtained.
7.2.
Every owner shall ensure the removal of any sign erected on his property when the
purpose of the sign or the message thereon is no longer applicable.
7.3.
Every owner shall ensure that all signs erected on his property are constructed and
maintained in a safe and secure manner to avoid the risk of injury to any person or
damage to any property.
7.4.
Neither the granting of a sign permit nor the acceptance of plans and
specifications, or any inspection which may be made by the Building Inspector,
shall relieve the owner from responsibility for fully complying with the
requirements of this bylaw, the Building Bylaw if applicable, and any conditions
attached to the sign permit.
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 7 OF 8
8. APPLICATION FOR SIGN PERMIT
8.1.
An application for a sign permit shall be completed on the form provided by the
Village and shall be accompanied by a permit fee of $10.00.
8.2.
In addition to the information on the application form and any requirements of the
Building Bylaw, the applicant shall provide a sketch plan of the proposed sign
including the text or other material to be included in the sign message.
9. SIGN PERMITS
9.1.
Where the Administrator is satisfied that an application for a sign permit and the
proposed sign complies with the requirements of this bylaw and any other
applicable bylaw and the permit fee has been paid, a sign permit will be issued.
9.2.
A sign permit is void if construction of the sign is not completed within 6 months of
the date on which the permit was issued.
10. REMOVAL OF SIGNS
10.1.
Council may, in accordance with Section 65 of the Community Charter, by
resolution direct and order the removal of a sign which the Council believes to be a
nuisance to the community, and the order may provide that, in case of default by
owner, agent, lessee or occupier to comply with the order within the period named
in it, the Village may enter and remove the sign at the expense of the person
defaulting, and may further order that the charges for doing so, if unpaid on
December 31 in any year, shall be added to and form part of the taxes payable on
the land as taxes in arrears.
10.2.
Council may, in accordance with Section 65 of the Community Charter, by
resolution authorize the removal of a sign which contravenes this bylaw, or which
Council believes is in an unsafe condition, and such resolution shall provide for 30
days' notice of the contemplated action to be given the owner, tenant or occupier
of the property on which the sign is located.
11. OFFENCES AND PENALTIES
11.1.
Every person who:
(a) violates any provision of this bylaw, or
(b) causes, suffers, or permits any act or thing to be done in contravention or in
violation of any provision of this bylaw, or
(c) neglects or refrains from doing anything required to be done by any provision
of this bylaw, or
(d) fails to comply with any order, directive or notice given under this bylaw
is guilty of an offense under this bylaw and, upon summary conviction, is liable to a
fine of not more than $250.00 or to both fine and imprisonment
THE CORPORATION OF THE VILLAGE OF NEW DENVER
BYLAW NO. 711, 2017
PAGE 8 OF 8
12. GENERAL
12.1.
Any enactment referred to herein is a reference to an enactment of British
Columbia and regulations thereto, as amended, revised, consolidated or replaced
from time to time.
12.2.
If any part, section, sentence, clause, phrase or word of this bylaw is for any reason
held to be invalid by the decision of any court of competent jurisdiction, the invalid
portion shall be severed and the decision that it is invalid shall not affect the
validity of the remainder which shall continue in full force and effect and be
construed as if the bylaw had been adopted without the invalid portion.
13. REPEAL
Village of New Denver Sign Bylaw No. 582, 2004 and all amendments thereto are hereby
repealed.
14. EFFECTIVE DATE
This bylaw will take effect upon adoption by Council.
Read a first time this 22nd day of August, 2017
Read a second time this 22nd day of August, 2017
Read a third time this 22nd day of August, 2017
Reconsidered and adopted this 12th day of September, 2017
MAYOR
CORPORATE OFFICER
Certified to be a true copy of "Village of New Denver Sign Bylaw No. 711, 2017."
CORPORATE OFFICER