Sign Bylaw - Consolidated No. 1852

Quesnel, British Columbia

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SIGN BYLAW NO. 1852, 2018 CONSOLIDATED FOR CONVENIENCE ONLY CITY OF QUESNEL CITY OF QUESNEL SIGN BYLAW NO. 1852, 2018* Consolidated: January 29, 2020 CONSOLIDATED FOR CONVENIENCE ONLY CONSOLIDATED FOR CONVENIENCE TO INCLUDE: City of Quesnel Sign Regulation Amendment Bylaw No. 1858 of 2018 *This bylaw is a "consolidated" version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Deputy Corporate Administrator at City Hall. Plan, pictures, other graphics or text in the legal version may be missing or altered in this electronic version. i | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 TABLE OF CONTENTS The Goals of this Sign Bylaw are to: ...............................................................................................1 Section One - Preamble .................................................................................................................2 1.1 Title ........................................................................................................................................... 2 1.2 Interpretation .......................................................................................................................... 2 1.3 Bylaw Application ................................................................................................................... 2 1.4 Effective Date .......................................................................................................................... 3 Section Two - Business Districts ...................................................................................................3 2.1 The Downtown District .......................................................................................................... 3 2.2 The West Quesnel/Downtown Highway District ............................................................... 7 2.3 The Highway Commercial/Industrial District .................................................................. 11 Section Three - Administration and Enforcement ...................................................................... 14 3.1 General Compliance............................................................................................................. 14 3.2 Enforcement .......................................................................................................................... 14 3.3 Offence ................................................................................................................................... 14 3.4 Penalty ................................................................................................................................... 14 3.5 Metric Units ........................................................................................................................... 14 3.6 Non-Conforming Signs ....................................................................................................... 15 3.7 Signs on Public Property .................................................................................................... 15 3.8 Sign Removal ........................................................................................................................ 16 Section Four - Permit Regulations .............................................................................................. 17 4.1 Permit Requirements .......................................................................................................... 17 4.2 Permit Application ............................................................................................................... 17 4.3 Permit Fees ........................................................................................................................... 17 4.4 Permit Application Completeness .................................................................................... 17 4.5 Permit Issuance/Denial Action .......................................................................................... 17 4.6 Lapsed Sign Permit .............................................................................................................. 18 4.7 Assignment of Sign Permit ................................................................................................ 18 ii | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 4.8 Violations ............................................................................................................................... 18 4.9 Appeal Procedure................................................................................................................. 18 4.10 Sign Permit Expiration ........................................................................................................ 18 Section Five - Prohibitions ........................................................................................................... 18 5.1 Signs Prohibited in all Zones ............................................................................................. 18 5.2 Design Prohibitions ............................................................................................................. 19 5.3 Sign Location Prohibitions ................................................................................................. 20 Section Six - Permitted Signs ...................................................................................................... 21 6.1 Sign Permit Requirements ................................................................................................. 21 6.2 Repair and Maintenance ..................................................................................................... 21 Section Seven - Additional Sign Regulations .............................................................................. 22 7.1 Freestanding Signs .............................................................................................................. 22 7.2 Home Occupation Signs ...................................................................................................... 23 7.3 Neighbourhood Identification Signs ................................................................................. 23 7.4 Shopping Centre, Plaza or Mall Signs .............................................................................. 24 7.5 Special Occasion Signs ....................................................................................................... 24 7.6 Temporary Signs .................................................................................................................. 24 7.7 Sponsorship Signs ................................................................................................................ 25 Section Eight - Definitions ........................................................................................................... 26 1 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 The Goals of this Sign Bylaw are to:  Preserve and promote the public health, safety, and welfare of the citizens of the City of Quesnel;  Afford the business community equal and fair opportunity to advertise and promote its products and services without discrimination;  Maintain and enhance the visual environment, and to preserve the right of the citizens to enjoy the City of Quesnel's scenic beauty;  Improve pedestrian and traffic safety;  Minimize the possible adverse effect of signs on nearby public and private property;  Enable the fair and consistent enforcement of these sign restrictions. The regulations in this Bylaw are intended to complement and reinforce the objectives of the Official Community Plan. Further, the regulations are intended to prohibit any signs which could be a hazard to life or property, or be a traffic hazard. 2 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Section One - Preamble 1.1 Title 1.1.1 This bylaw may be cited as the "City of Quesnel Sign Bylaw No. 1852, 2018". 1.2 Interpretation 1.2.1 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, and any bylaw referred to an enactment of the Council of the City of Quesnel, as amended, revised, consolidated or replaced from time to time. 1.2.2 The headings given to sections and paragraphs in this bylaw are for convenience of reference only. They do not form part of this bylaw and will not be used in the interpretation of this bylaw. 1.2.3 If any section, paragraph or phrase of this bylaw is for any reason held to be invalid by a decision of a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this bylaw. 1.3 Bylaw Application 1.3.1 This Bylaw is applicable to the erection, placement, display, alteration, or movement of Signs on all private property and on Public Rights-of-Ways within the boundaries of the City of Quesnel. 1.3.2 This Bylaw does not apply to: a) Signs located inside a building, that are not Window Signs and are not visible or intended to be visible from any Public Right-of-Way. b) Signs on or over municipal streets, which are erected or authorized by the City for the control of traffic and parking, or for street names and directions. c) Street decorations and banners authorized by the City. d) Building addresses containing number and street only. e) Name and/or address plates for residential properties. f) Public notices authorized by City bylaws or provincial or federal legislation. g) Signs authorized by the City related to parkland and public conveniences. h) Real Estate Signs. i) Contractor Signs. j) Window Signs in real estate offices advertising properties currently on sale. k) Movie theatres advertising current and/or upcoming films. l) Murals and flags, provided they contain no advertising or offensive content. 3 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 1.4 Effective Date 1.4.1 This Bylaw comes into force and takes effect on the date of adoption. Section Two - Business Districts 2.1 The Downtown District The Downtown District is characterized by pedestrian-oriented uses close to the street. Signs should be concentrated near the pedestrian level. The following map shows areas included in this District. 4 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 5 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 2.1.3 Businesses located within the Downtown District are permitted signage as displayed in the following table. Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.1.3 a) Awning Any 2 of the following per Business Frontage: - Awning; - Wall; or - Window Signs. (i.e. A business may have 1 Awning Sign and 1 Wall Sign per Business Frontage or 2 Wall Signs per Business Frontage) Total Sign Area of ALL Awning, Wall and Window Signs combined shall not exceed 0.5 m2 per linear metre of Business Frontage or a maximum of 6.0 m2, whichever is less. 2.5 m from grade or sidewalk.  Copy shall not exceed 40% of the awning surface.  Must project at least 1.5 m into the sidewalk, but no more than 2.0 m.  Must not project over a lane. 2.1.3 b) Wall (Fascia) - - 2.1.3 c) Window -  Any permanently placed Window Sign that contains advertising will count towards the maximum number of Signs. 6 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.1.3 d) Marquee Maximum of 1 (can be either Marquee OR Projecting) per Business Frontage 0.5 m2 and Copy is permitted on both sides of the Sign. 2.5 m from grade or sidewalk.  Liability insurance is required if over Public Right-of-Way. 2.1.3 e) Projecting 2.5 m from grade or sidewalk, AND a maximum Clearance of 3.0 m from grade or sidewalk.  Liability insurance is required if over Public Right-of-Way.  Must project horizontally more than 0.3 m from face of the wall.  Must not project more than 0.8 m from the exterior of the Building Face of which it is attached.  Must not project over a lane. 2.1.3 f) Sandwich Board 1 per Business Frontage 1.0 m2 and Copy is permitted on both sides of the Sign. - Exempt from obtaining a Sign Permit provided the following are met:  Must only be displayed when business is open.  Must be located entirely on the private property to which it pertains.  Must not be placed in the Public Right-of-Way (i.e. sidewalk). 7 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 2.2 The West Quesnel/Downtown Highway District The West Quesnel/Downtown Highway District is characterized by a mix of vehicle and pedestrian oriented traffic. Signs shall be located where they can be most easily read. The following map shows areas included in this District. 8 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 2.2.2 Businesses located within the West Quesnel/Downtown Highway District are permitted signage as displayed in the following table. Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.2.2 a) Awning Any 2 of the following per Business Frontage: - Awning; - Wall; or - Window Signs. (i.e. A business may have 1 Awning Sign and 1 Wall Sign per Business Frontage or 2 Wall Signs per Business Frontage) Total Sign Area of ALL Awning, Wall and Window Signs combined shall not exceed 0.5 m2 per linear metre of Business Frontage or a maximum of 8.0 m2, whichever is less. 2.5 m from grade or sidewalk.  Copy shall not exceed 50% of the awning surface.  Must project at least 1.5 m into the sidewalk, but no more than 2.0 m.  Must not project over a lane. 2.2.2 b) Wall (Fascia) - - 2.2.2 c) Window -  Any permanently placed Window Sign that contains advertising will count towards the maximum number of Signs. 9 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.2.2 d) Marquee Maximum of 1 (can be either Marquee OR Projecting) per Business Frontage 0.5 m2 and Copy is permitted on both sides of the Sign. 2.5 m from grade or sidewalk.  Liability insurance is required if over Public Right-of-Way. 2.2.2 e) Projecting 2.5 m from grade or sidewalk, AND a maximum Clearance of 3.0 m from grade or sidewalk.  Liability insurance is required if over Public Right-of-Way.  Must project horizontally more than 0.3 m from face of the wall.  Must not project more than 0.8 m from the exterior of the Building Face of which it is attached.  Must not project over a lane. 2.2.2 f) Freestanding 1 per Lot* *See Section 7.1 for restrictions Note, Freestanding Signs may require a building permit. 10 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.2.2 g) Portable 1 per Lot 3.0 m2 - Exempt from obtaining a Sign Permit provided the following are met:  Must not be located on public property, or on required off-street parking, driveways or sidewalks.  Must not be located in the Site Triangle or obscure the line of vision from a Public Right-of- Way, access road, or sidewalk.  Must pertain to the business where it is located.  Must only display current sales, offers, and fundraising events. 2.2.2 h) Sandwich Board 1 per Business Frontage 1.0 m2 and Copy is permitted on both sides of the Sign. - Exempt from obtaining a Sign Permit provided the following are met:  Must only be displayed when business is open.  Must be located entirely on the private property to which it pertains.  Must not be placed in the Public Right-of-Way (i.e. sidewalk). 11 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 2.3 The Highway Commercial/Industrial District The Highway Commercial/Industrial District is characterized by vehicle-oriented traffic. Signs along the north and south entrances into the community should be legible while avoiding Sign clutter. The following map shows areas included in this District: 12 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 2.3.2 Businesses located within the Highway Commercial/Industrial District are permitted signage as displayed in the following table. Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.3.2 a) Awning Any 2 of the following per Business Frontage: - Awning; - Wall; or - Window Signs. (i.e. A business may have 1 Awning Sign and 1 Wall Sign per Business Frontage or 2 Wall Signs per Business Frontage) Total Sign Area of ALL Awning, Wall and Window Signs combined shall not exceed 0.5 m2 per linear metre of Business Frontage or a maximum of 28.0 m2, whichever is less. 2.5 m from grade or sidewalk.  Copy shall not exceed 80% of the awning surface.  Must project at least 1.5 m into the sidewalk, but no more than 2.0 m.  Must not project over a lane. 2.3.2 b) Wall (Fascia) - - 2.3.2 c) Window -  Any permanently placed Window Sign that contains advertising will count towards the maximum number of Signs. 2.3.2 d) Freestanding 1 per Lot* *See Section 7.1 for restrictions Note, Freestanding Signs may require a building permit. 13 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Type of Sign Maximum Number Maximum Sign Area Minimum Clearance Additional Provisions 2.3.2 e) Portable 1 per Lot 3.0 m2 - Exempt from obtaining a Sign Permit provided the following are met:  Must not be located on public property, or on required off-street parking, driveways or sidewalks.  Must not be located in the Site Triangle or obscure the line of vision from a Public Right-of- Way, access road, or sidewalk.  Must pertain to the business where it is located.  Must only display current sales, offers, and fundraising events. 2.3.2 f) Projecting 1 per Business Frontage 1.0 m2 and Copy is permitted on both sides of the Sign. 2.5 m from grade or sidewalk, AND a maximum Clearance of 3.7 m from grade or sidewalk.  Liability insurance is required if over Public Right-of-Way.  Must project horizontally more than 0.3 m from face of the wall.  Must not project more than 1.8 m from the exterior of the Building Face of which it is attached.  Must not project over a lane. 2.3.2 g) Sandwich Board 1 per Business Frontage 1.0 m2 and Copy is permitted on both sides of the Sign. - Exempt from obtaining a Sign Permit provided the following are met:  Must only be displayed when business is open.  Must be fully located entirely on the private property to which it pertains.  Must not be placed in the Public Right-of-Way (i.e. sidewalk). 14 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Section Three - Administration and Enforcement 3.1 General Compliance 3.1.1 No person shall construct, place, erect, display, alter, repair, maintain or relocate any Sign that does not conform to and comply with the provisions set forth in this Bylaw, except that normal maintenance of an existing Non-Conforming Sign shall be permitted. 3.2 Enforcement 3.2.1 A Bylaw Enforcement Officer is authorized to enter, at reasonable times, upon any property in order to ascertain whether the bylaw requirements are being met and the bylaw Regulations are being observed. 3.2.2 No person shall prevent or obstruct or seek to prevent or obstruct an authorized Bylaw Enforcement Officer from carrying out any official duty under this Bylaw. 3.3 Offence 3.3.1 A person who: a) Contravenes, violates, or fails to comply with any provision of this Bylaw; b) Permits, suffers, or allows any act or thing to be done in contravention of this Bylaw; or c) Fails or neglects to do anything required to be done under this Bylaw; commits an offence. Where the offence is a continuing one, each day that the offence continues shall constitute a separate offence. 3.4 Penalty 3.4.1 Every person who commits an offence of this Bylaw is liable on summary conviction to a penalty not exceeding ten thousand dollars ($10,000.00) and the costs of prosecution. 3.4.2 Fines for an offence against this Bylaw may be set out in the Municipal Ticket Information Bylaw, as amended from time to time. 3.5 Metric Units 3.5.1 Metric units are used for all measurements in this Bylaw. In some cases, the approximate equivalent of those units in commonly used units (feet, inches, etc.) are shown in brackets following each metric measurement, and such bracketed figures are included for convenience only and do not form part of this Bylaw. 3.5.2 For the purpose of this Bylaw, the following units of measure are abbreviated as follows: 15 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Metres - m Foot - ft Square metres - m2 Square foot - ft2 3.6 Non-Conforming Signs 3.6.1 Any Sign in existence and use in the City on the date of adoption of this Bylaw, which does not conform to, and comply with the provisions hereto, shall be considered a Non-Conforming Sign and shall be allowed to remain in use provided it also meets the following requirements: a) The Sign was legally authorized by the issuance of a valid Sign Permit prior to its installation; and b) The Sign was in compliance with all applicable regulations on the date of its installation. 3.6.2 A Non-Conforming Sign may be structurally altered under a Sign Permit if this would make the Sign conform to the provisions of this Bylaw, but it must not be made more Non-Conforming by increasing its height or Sign Area beyond what is allowable under this Bylaw and shall comply with all other provisions of this Bylaw. 3.6.3 A Non-Conforming Sign may be permitted to exist, except in the following circumstances, where the owner may be asked to either alter such Sign to conform to the requirements of this Bylaw, or to remove such Sign if: a) The structure or use to which the Sign pertains to is damaged or destroyed to the extent of 75% or more of the principal structures appraised value; b) The Non-Conforming Sign has been destroyed, damaged, or deteriorated to such extent that the cost of repair would exceed 35% of the replacement cost of such Sign; or c) The Sign creates a safety hazard to members of the public. 3.7 Signs on Public Property 3.7.1 No Sign shall be installed or placed wholly or partly on or over public property, except where permitted by this Bylaw. 3.7.2 With every Sign Permit Application involving a Sign to be wholly or partly installed on or over public property, including a street or sidewalk, the Applicant shall: a) Provide the City with documentation of liability insurance in the amount of $2,000,000.00 naming the City of Quesnel as an additional named insured for as long as the Sign remains on or over public property, b) Such insurance shall include a 30-day cancellation provision that requires prior notice be given by the insurer to the City. 16 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 c) Maintain such insurance until the Sign has been removed. In the event that the Sign owner allows such insurance to lapse without renewal, the Sign Permit will be deemed revoked, requiring such Sign to be removed immediately. d) Ensure the maintenance and use of the Sign is in compliance with the terms of the Sign Permit. 3.8 Sign Removal 3.8.1 The City may remove and impound any Sign on a Public Right-of-Way that is in contravention with this Bylaw. 3.8.2 Any Sign, which does not fall under the Non-Conforming status, and does not conform to this bylaw shall be deemed a public nuisance and shall be removed. 3.8.3 If a contravention of this Bylaw creates an imminent safety hazard to members of the public, whether on City property or private land, the Bylaw Enforcement Officer may immediately remove such Sign and provide notification to the owner at a later time. 3.8.4 Any Sign which has been removed by a Bylaw Enforcement Officer may be claimed within 30 days of removal by the owner, and is subject to payment of a fee for the cost of removal and storage of the Sign. Where a Sign is not claimed within 30 days, the Sign may be disposed of by the City and costs of disposal shall be invoiced to the owner. 17 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Section Four - Permit Regulations 4.1 Permit Requirements 4.1.1 Prior to constructing, erecting, placing, or modifying a Sign, a Sign Permit must be applied for and obtained. 4.1.2 Sign Permits must be obtained from the Development Services Department, and are not valid until they are approved, signed by a D and the fee is paid. 4.2 Permit Application 4.2.1 All applications for a Sign Permit shall be submitted to the City Official. 4.2.2 An application for a Sign Permit shall not be considered complete and final and received for processing until all of the requirements of Sign Permit Checklist (provided by staff with the application) have been provided. 4.3 Permit Fees 4.3.1 Each application for a Sign Permit shall be accompanied by the applicable fees, as established in the Comprehensive Fees and Charges Bylaw, as amended from time to time. 4.4 Permit Application Completeness 4.4.1 Within five (5) business days of receiving an application for a Sign Permit, the City Official shall review it for completeness. If the City Official finds that it is complete, the application shall then be processed. 4.4.2 If the City Official finds that it is incomplete, the City Official shall within such five (5) day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Bylaw. 4.5 Permit Issuance/Denial Action 4.5.1 Within ten (10) business days of the submission of a complete application for a Sign Permit, a City Official shall either: a) Issue the Sign Permit, if the Sign(s) that is the subject of the application conforms in every respect with the requirements of this Bylaw; or b) Deny the Sign Permit if the Sign(s) that is the subject of the application fails in any way to conform to the requirements of this Bylaw. In the case of a rejection, a City Official shall specify the section(s) of this Bylaw or applicable plan with which the Sign(s) is inconsistent. 18 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 4.6 Lapsed Sign Permit 4.6.1 A Sign Permit shall lapse if the business licence for the Premises lapses, is revoked, or is not renewed. 4.6.2 A Sign that was constructed or maintained in conformance with a Sign Permit under this Bylaw, but for which the Sign Permit has lapsed, shall be in violation of this Bylaw. 4.7 Assignment of Sign Permit 4.7.1 A current and valid Sign Permit shall be freely assignable to a successor as owner of the property or holder of a business licence for the same Premises, subject to the filing of such application as the City Official may require and paying any applicable fees. a) The assignment shall be accomplished by filing and shall not require approval. 4.8 Violations 4.8.1 The Bylaw Enforcement Officer, upon finding that any provision of this Bylaw, or any condition for a Sign Permit issued under this Bylaw is being violated, is authorized to institute legal proceedings to prohibit violations of this Bylaw. 4.9 Appeal Procedure 4.9.1 Any person applying for a Sign Permit, who is denied a permit or disagrees with any ruling by a Bylaw Enforcement Officer, may appeal to the City Council. 4.10 Sign Permit Expiration 4.10.1 A Sign Permit shall expire if the allowed signage is not commenced within two (2) years of its issuance. Section Five - Prohibitions 5.1 Signs Prohibited in all Zones 5.1.1 Signs that are not expressly permitted in this Bylaw are prohibited and without restricting and limiting the generality of the foregoing, the following Signs are specifically prohibited: a) Any permanent commercial balloon sign, Banner, Flag, pennant, ribbon, spinner, streamers, or wind sign or other moving, fluttering devices which contain advertising, except temporarily as permitted within Section 7.6 of this Bylaw. b) Signs displayed on roofs, dormers, and balconies. 19 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 c) Rooftop Signs, including signs above the roofline. d) Third Party Signs, except as permitted within this Bylaw and City-sponsored wayfinding or Directional Signs. e) Satellite dishes which have advertising displayed on them. f) Signs affixed to any lamp standards, tree, utility pole, or painted upon or otherwise affixed to any rock, ledge, or other natural feature. g) Signs which may be confused with any authorized traffic sign, signal or device. h) Signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description, or other apparent visible movement achieved by electrical, electronic or mechanical means. i) Signs with optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of Copy. j) Signs with illumination that flash, blink, flicker, or vary in intensity or colour. k) Signs in a Public Right-of-Way, other than those approved through a valid Sign Permit and meeting requirements of Section 3.7 of this Bylaw, or City or provincial signage. l) Vehicle Signs. Any Sign on a vehicle or trailer that is used primarily as a stationary advertising display, but not if said vehicle is insured to drive and used in the normal day to day operations of the business. m) Signs which advertise, identify, or pertain to any activity no longer in existence shall be removed by its owner or persons otherwise responsible within thirty (30) days from the time the activity ceases. This provision does not apply to seasonal activities during the periods in which such businesses are closed. n) Signs which contain indecent or obscene pictures, drawings, or words, as determined by the Bylaw Enforcement Officer. 5.2 Design Prohibitions 5.2.1 All Signs shall be designed, constructed and maintained in accordance with the following standards: a) B.C. Building Code, as amended from time to time; and b) All building regulations of the City of Quesnel. 5.2.2 All Signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure, except for Temporary Signs, or Signs otherwise permitted under this Bylaw. 5.2.3 All Signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Bylaw, at all times. 20 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Illumination 5.2.4 The illumination from any Sign must not cause any reflection or glare upon a Public Right-of-Way, or adjacent property. 5.2.5 Illuminated Signs shall not be considered to pose a distraction to drivers of vehicle traffic. 5.2.6 With the exception of the Downtown District, Signs on any building or Premises shall not remain illuminated after 12:00 A.M (midnight) in zones adjacent to or in proximity of residential areas, except: a) At a business which remains open after 12:00 A.M. (midnight), at which they shall be turned off at the time the business closes. 5.3 Sign Location Prohibitions 5.3.1 No Sign shall be placed on any property without the express permission of the property owner; this includes City-owned property. 5.3.2 No Sign shall be placed at any location where, by reason of position, shape, wording, or colour, it interferes or obstructs the view or movement of pedestrian or vehicular traffic. 5.3.3 No Sign shall overhang a Public Right-of-Way except for an approved Sign meeting requirements of Section 3.7 of this Bylaw. 5.3.4 No Sign shall be placed on any bus shelter, bus bench, or waste receptacle without consent from the City. 5.3.5 No Sign shall obstruct any door, fire exit, fire escape, passageway, stairway, walkway, window ventilator, or similar feature. 5.3.6 No Sign shall obstruct access to a public utility pole, wire, support, or attached equipment. 5.3.7 No Sign shall obstruct architectural details or features of a building, such as windows, sills, and cornices. 5.3.8 Every Sign must be placed on the same property as the advertised business to which it refers. 21 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Section Six - Permitted Signs 6.1 Sign Permit Requirements 6.1.1 Unless otherwise exempted by this Bylaw, all Signs under this part are only allowable with a valid Sign Permit and no person shall construct, erect, modify, convert, expand, reconstruct, relocate, or replace any such Sign without first having obtained a valid Sign Permit and if necessary, a Building Permit pursuant to the City's Building Bylaw and/or a Development Permit pursuant to the City's Official Community Plan Bylaw. Altering a Sign by replacing the Sign Copy does require a Sign Permit. 6.2 Repair and Maintenance 6.2.1 Every owner of a Sign shall maintain that Sign in secure, safe and good working order. 6.2.2 If the Bylaw Enforcement Officer is of the opinion that a Sign is not secure, safe, or in good state of repair, written notice of this fact shall be given to the owner of the Sign. If the defect is not corrected within thirty (30) days, the Bylaw Enforcement Officer may revoke the Sign Permit, thus placing the owner in violation of this Bylaw and liable for a fine and/or removal of the Sign by a Bylaw Enforcement Officer. 6.2.3 An owner of a Sign may later reconfigure and repaint a Sign without need for a Sign Permit if: a) The original display of that Sign did not require a Sign Permit under this Bylaw; or b) The original display of that Sign did require a Sign Permit under this Bylaw or any previous bylaw regulating Signs in the City, but: i. The alteration, reconfiguration, or repainting is in compliance with all permits issued for the Sign; ii. The size, shape, and Sign Area remains the same; iii. The siting and location of the Sign remains the same; and iv. The letters, numbers, symbols, and other images on the Sign remain the same. 22 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Section Seven - Additional Sign Regulations 7.1 Freestanding Signs 7.1.1 Freestanding Signs shall be located on the same Premises as the advertising contained on the Freestanding Sign pertains to (must be an On-Premises Sign). 7.1.2 Freestanding Signs shall be permitted on a Premise where the building is setback from the front property line by: a) 7.6 m (25 ft.) or more in the West Quesnel/Downtown Highway District. b) 13.7 m (45 ft.) or more in the Highway Commercial/Industrial District. 7.1.3 Freestanding Signs located on a property with a Shopping Centre, Plaza, or Mall are exempt from meeting section 7.1.12, but must meet all other applicable provisions. 7.1.4 Freestanding Signs must be setback at least 3.0 m from the property line. 7.1.5 Freestanding Signs shall meet setback requirements from the Ministry Right-of- Way as determined by the Ministry of Transportation and Infrastructure. 7.1.6 Freestanding Signs that are 2.0 m or more in height, must obtain a Building Permit prior to erection. Freestanding Signs exceeding 2.0 m will be reviewed under a Building Permit process, and therefore do not require a Sign Permit. 7.1.7 Copy is permitted on both sides of Freestanding Signs, therefore allowing the Copy area to be double the permitted area. Sign in the West Quesnel/Downtown Highway District Signs in this District are permitted the following maximum sign heights and areas, dependent on the lot frontage where the business is located: Lot Frontage (measured on the Frontage where the Sign is placed) Maximum Sign Height Maximum Sign Area 7.1.8 18 m or less 2 m 3 m2 7.1.9 18.1 m to 45 m 4 m 4 m2 7.1.10 45.1 m to 60 m 4.75 m 4.75 m2 7.1.11 60.1 m to 75 m 5.5 m 5.5 m2 7.1.12 75.1 m or greater 6 m 8 m2 23 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Signs in the Highway/Industrial District Signs in this District are permitted the following maximum sign heights and areas, dependent on the lot frontage where the business is located: Lot Frontage (measured on the Frontage where the Sign is placed) Maximum Sign Height Maximum Sign Area 7.1.13 45 m or less 8 m 12 m2 7.1.14 45.1 m to 90 m 8 m 15 m2 7.1.15 90.1 m or greater 8 m 28 m2 7.2 Home Occupation Signs Signs are permitted for some types of Home Based Businesses as they are defined within the City of Quesnel Zoning Bylaw, as amended from time to time. Type I (Major Home Based Business) 7.2.1 One non-illuminated Sign, not to exceed 0.3 m2 (3.2 ft2) and shall be placed within, or flat against the dwelling unit. Type II (Minor Home Based Business): 7.2.2 No Signs permitted. Type III (Rural Home Based Business): 7.2.3 Signage shall be limited to one non-illuminated Sign not to exceed 0.37 m2 (4.0 ft2) with no dimensions to exceed 0.9 m (3.0 ft.) 7.2.4 Maximum Sign Height shall not exceed 1.2 m (3.9 ft.). 7.2.5 The Sign shall be located on the subject property and may be indirectly illuminated. 7.3 Neighbourhood Identification Signs 7.3.1 A Monument Sign may be constructed to serve as a Neighbourhood Identification Sign for single-family subdivisions or multi-family complexes (including mobile home parks, condominiums, apartments, etc.). 7.3.2 The display shall consist only of the neighbourhood or development name and, if applicable, an address number. 7.3.3 Neighbourhood Identification Signs must be located on private property. 7.3.4 There may only be one Neighbourhood Identification Sign per entrance. 24 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 7.3.5 The maximum Sign Copy area is 2.0 m2 (21.5 ft2) for Neighbourhood Identification Signs. 7.3.6 The maximum Sign Height is 2.0 m (6.5 ft.) for Neighbourhood Identification Signs. 7.4 Shopping Centre, Plaza or Mall Signs 7.4.1 In a Shopping Centre, Plaza, or Mall, the owner and/or the owner's agent, if any, may allocate an appropriate Sign Area and number for each store, office, or other floor area. The Sign Areas and numbers must meet the requirements of this Bylaw for all externally visible signs. 7.4.2 Where the owner and/or owner's agent of a Shopping Centre, Plaza, or Mall sets Sign allowances, the tenants are exempt from obtaining a Sign Permit provided that the Sign allowances have been provided to and approved by the City Official and are appropriately enforced by the owner and/or owner's agent. 7.4.3 Each property where a Shopping Centre, Plaza, or Mall is located shall be permitted one (1) Freestanding Sign, to serve as a business directory, which is subject to a Sign Permit. 7.5 Special Occasion Signs 7.5.1 The maximum Sign Area is 1.5 m2 (16 ft2) for a Special Occasion Sign. 7.5.2 Special Occasion Signs shall be permitted no more than three (3) days prior to the event to which they pertain to, and must be removed one (1) day following the event. 7.5.3 Advertising third party businesses is not permitted. 7.6 Temporary Signs 7.6.1 Temporary Signs shall not be included in the total number of Signs allowed per Business Frontage, given that: a) Each Temporary Sign shall not be displayed for more than thirty (30) days. b) Temporary Signs shall be removed not more than four (4) days following the end of the event which they pertain to. c) Each property may only display Temporary Signs for no more than one hundred and twenty (120) days in a calendar year. d) Temporary Signs shall not exceed 1.22m x 2.44m (4 ft. x 8 ft.). 7.6.2 Any Sign intended to be displayed for longer than thirty (30) days is required to apply for and obtain a Sign Permit, and will count towards the total number of Signs per Business Frontage. 25 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 7.7 Sponsorship Signs 7.7.1 Sponsorship Signs shall be permitted and are exempt from obtaining a Sign Permit provided the following requirements are met: a) Only one Sponsorship Sign is permitted per lot where the sponsored project was completed. b) Sponsorship Signs shall not exceed 4.65 m2 (50 ft2) in size and should be affixed to the sponsored project where at all possible; c) If there is no building or structure on which to attach the Sponsorship Sign, it may be a Freestanding Sign, but must not exceed 1.8 m (5.9 ft.) in height and must meet the minimum setback distances as specified in Sections 7.1.4 and 7.1.5 of this bylaw; d) Sponsorship Signs shall only be displayed for a maximum of one (1) year from the date of the sign installation. e) Where Sponsorship Signs are permanent, they must obtain approval from Council prior to installation. Explanatory Note: Refer to applicable District restrictions for the maximum number of signs allowed per Business Frontage. 26 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 Section Eight - Definitions All words or phrases or terms in this Bylaw shall have their normal or common meaning unless specifically defined by the Local Government Act or Community Charter; or by the definitions set forth in this section as follows. Explanatory Note: The images in this Section are for ease of understanding only. They do not represent the only image a particular sign type would look like. A AWNING SIGN means a Sign painted or affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of such awning. B BANNER means an object composed of lightweight, non- rigid material such as cloth, canvas, or similar fabric, but excludes Flags. BUILDING FACE means the area of a wall of a building. BUSINESS FRONTAGE means the length of the building parallel to the property line, limited to the suite which is leased or owned by the business. BYLAW ENFORCEMENT OFFICER means the official or officials appointed by City Council to enforce the provisions of this Bylaw, as described in the Municipal Ticketing Information Bylaw, as amended from time to time. 27 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 C CHANGEABLE COPY SIGN means any Sign on which Copy can be changed manually through the use of attachable letters, numbers, and pictorial panels. CITY means the City of Quesnel. CITY OFFICIAL means the official or officials appointed by City Council to administer the provisions of this Bylaw, as described in this bylaw, as amended from time to time. CLEARANCE means the vertical distance between the underside of a Sign and average finished grade immediately below. CONTRACTOR SIGN means a Sign erected for the duration of construction by the contractor listing the project name and firms involved in construction. It may be a Freestanding, or Wall Sign. COPY means the text, illustrations, and symbols that make up the message on a Sign. COUNCIL means the Municipal Council of the City of Quesnel. F FLAG means any fabric or bunting containing distinctive colours, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. FREESTANDING SIGN means a Sign self-supported by a pole or post and not attached to any building, wall, or fence, but in a fixed location. Types of Freestanding Signs include: Post and Arm; Monument; and Pole Signs. 28 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 H HANGING SIGN see Marquee Sign. HOME OCCUPATION SIGN means a Sign identifying a home occupation as defined in the Zoning Bylaw. I IDENTIFICATION SIGN means a Sign which contains no advertising and is limited to the name, Logo, address, and number of a building, institution, or person, and to the activity carried on, or the occupation of the person in the building or institution. ILLUMINATED SIGN means any Sign illuminated either directly from a source of light incorporated in or connected with the Sign, or indirectly from an artificial source. L LOT means any parcel, block, or other area in which land is held or into which it is subdivided, but does not include a Public Right-of-Way. LOT FRONTAGE means that part of a Lot (a Lot line) abutting on a Public Right-of-Way; except that the end of incomplete streets, or streets without a turning circle, shall not be considered frontage. M MARQUEE SIGN means a Sign painted on, attached to, or consisting of interchangeable letters on the face of a permanent overhanging shelter, which projects from the face of a building. 29 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 MONUMENT SIGN means a Sign made of brick, masonry or stone, the bottom of which is attached directly and permanently to the ground and physically separated from any other structure. MURAL means an artistic rendering, picture, design, or drawing painted or otherwise applied to a Building Face which is intended as a public display and which contains no advertising for a specific brand, product, or service. N NON-CONFORMING SIGN means a Sign which lawfully occupied a building or land at the effective date of this Bylaw, or any amendment thereto, that does not conform to the regulations of the district in which it is located. O ON-PREMISES SIGN means a Sign identifying or advertising a business, person, activity, or service located on the Premises where the Sign is located. P POLE SIGN means a Freestanding Sign with the base of the actual Sign Area at least 1.5 m (5 ft.) above the ground supported by vertical pole(s). 30 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 PORTABLE SIGN means a Sign not designated or intended to be permanently affixed into the ground or to a structure. POST AND ARM SIGN means a Freestanding Sign comprised of a vertical post to which a perpendicular arm is attached and from which a Sign hangs. PREMISE means the contiguous land in the same ownership or control, which is not divided by a street. PROJECTING SIGN means a Sign attached to a building wall or structure that projects horizontally from the face of the wall. PUBLIC RIGHT-OF-WAY means any corridor designed for vehicular or pedestrian use that is maintained with public funds. R REAL ESTATE SIGN means a Sign displayed only for a period of time, advertising the real estate upon which the Sign is located as being for rent, lease, or sale. 31 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 ROOF SIGN means any Sign erected upon or above a roof or parapet of any building. This includes any Sign fixed vertically to the top of any canopy or similar feature. S SANDWICH BOARD SIGN means a moveable Sign consisting of two flat surfaces joined at the upper end and resting on the ground. SHOPPING CENTRE, PLAZA, OR MALL means a group of commercial and/or industrial establishments planned and developed on a single property. SIGHTLINE AREA (sight triangle) means the triangle area formed at any corner Lot, measuring from the point of the intersection of the front and exterior side Lot lines and connecting the points to form a sight triangle on the area of the Lot, as shown in Figure 1. Figure 1: Sightline Area 32 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 SIGN means an object, device, display, or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location; or to express a point of view, by any means including words, letters, figures, design, symbols, advertising Flags, fixtures, colours, illuminations or projected images. SIGN AREA means the facing of a Sign, including Copy, insignia, and background; the measurement shall be determined by the smallest rectangle inclusive of all letters and images. SIGN HEIGHT means the vertical distance measured from natural grade at the base of the Sign to the highest point of such Sign. SIGN PERMIT means the permission or authorization required by this Bylaw and issued by the Bylaw Enforcement Officer to perform work regulated by this Bylaw. SPECIAL OCCASION SIGN means a Sign promoting a special occasion such as a birthday, anniversary, or other occasion that is private in nature. It does not include Signs that are related to any commercial goods or services, nor any public events. SPONSORSHIP SIGN means a Sign erected for the purposes of acknowledging sponsors for their direct involvement in a community-oriented development or project. Sponsorship Signs do not include Third Party Signs and should not advertise sponsor's products. T TEMPORARY SIGN means an On-Premises Sign, such as a promotional sale or fundraising Sign that is posted temporarily for a given event. THIRD PARTY SIGN means a Sign which directs attention to a business, commodity, service, or entertainment conducted sold or offered at a location other than the Premise on which the Sign is located. 33 | P a g e C i t y o f Q u e s n e l C o n s o l i d a t e d S i g n B y l a w N o . 1 8 5 2 , 2 0 1 8 V VEHICLE SIGN means a Sign mounted, posted, or otherwise adhered on or to a motor vehicle. W WALL (FASCIA) SIGN means a Sign mounted parallel to the exterior surface of a building. WINDOW SIGN means any Sign that is attached to, or installed on, or otherwise placed directly on the inside of a window or near to a window, and is visible from the building exterior and does not include merchandise located in the window for display purposes, nor does it include Temporary Signs. Explanatory Note: Any window covers (blinds/shades) that contain advertising will be considered a sign.