This is the exact embedded text of the captured official document.
Snapshot 9f2111745ae2 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE
DISTRICT OF TOFINO
District of Tofino Sign Control Bylaw No. 1193, 2014
Effective Date - August 19, 2014
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
2
DISTRICT OF TOFINO
SIGN CONTROL BYLAW NO. 1193, 2014
A Bylaw to regulate the number, size, type, form, appearance, and location of any sign under
the jurisdiction of the District of Tofino.
Table of Contents
Sections
1. Citation
page 3
2.
Definitions
page 3
3.
Application of sign bylaw
page 6
4.
Prohibited signs
page 6
5.
General Requirements for all signs
page 7
6.
Regulated Signs Not Requiring a Permit
page 7
7.
Signs requiring a permit
page 8
8.
Temporary sign permits
page 10
9.
Application Requirements for sign permits
page 11
10.
Fees and costs
page 12
11.
Non-Conforming signs
page 12
12.
Maintenance
page 13
13.
Enforcement
page 13
14.
Severance
page 13
15.
Repeals
page 14
Schedules
A
Permit for a Sign
page 15
B
Identified Views
page 16
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
3
WHEREAS pursuant to section 908 of the Local Government Act, the Council of the District of Tofino may
regulate the number, size, type, form, appearance and location of any signs within the District of Tofino
and make different provisions for different zones, different uses within a zone and for different classes
of highways.
AND WHEREAS pursuant to sections 8(4) and 65 of the Community Charter, the Council of the District of
Tofino may regulate and impose requirements respecting the erection, placement, alteration,
maintenance, demolition and removal of signs, sign boards, advertisements, advertising devices and
structures.
AND WHEREAS pursuant to section 260 of the Community Charter, the Council of the District of Tofino
may make bylaws for the purposes of enforcing District of Tofino bylaws.
AND WHEREAS pursuant to section 15 of the Community Charter, the Council of the District of Tofino
may provide for a system of licences, permits or approvals.
AND WHEREAS pursuant to section 16 of the Community Charter, authorized representatives of the
District may enter on or into a property to inspect and determine whether all regulations and
requirements are being met.
AND WHEREAS pursuant to section 17 of the Community Charter, the authority to require that
something be done includes the authority to direct that, if a person subject to the requirement fails to
take the required action, the District of Tofino may fulfill the requirement at the expense of the person
and recover the costs incurred from that person as a debt.
NOW THEREFORE the Council of the District of Tofino, in open meeting assembled, enacts as follows:
1. Citation
This Bylaw may be cited for all purposes as "The District of Tofino Sign Control Bylaw No. 1193,
2014".
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. Signs which are
not in use for a period of 6 months or longer will be considered abandoned.
Address Sign means a permanent sign displaying the civic address or the name
of the owner or occupier of any land, building, structure, business or
establishment located on the same parcel as the sign.
Animated Sign means a sign that moves or depicts movement by any means
including intermittent, strobe, flashing or oscillating lights, or mechanical
rotation or other movement. Animated signs do not include electronic
message board signs.
Arterial Highway means an arterial highway as defined by the
Transportation Act.
Awning means a shelter supported entirely by the exterior wall of a building
and composed of non-rigid materials, except for the supporting framework.
Awning Sign means a sign displayed on a canopy or awning.
Banner Sign means a sign composed of lightweight, non-rigid material such
as vinyl, cloth, or canvas whether affixed to a building face or suspended in
any way.
Beach means pebbly or sandy shores between high and low
Animated
Sign
Address
Sign
Building Face
Banner Sign
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
4
water marks and includes, but is not limited to, Tonquin Beach, Middle Beach, Mackenzie
Beach, North Chesterman Beach, South Chesterman Beach and Cox Bay Beach.
Building means a building as defined by the current District of Tofino Building Bylaw.
Building Directory Sign means a sign affixed to a building face or a freestanding sign adjacent to
the main entrance of a multi-tenanted building or complex and
identifying the names, uses or locations of individual business
premises located within the building.
Building Inspector means a building inspector as defined by the
Community Charter.
Building Face means a building wall having a single primary
orientation and a single plane exclusive of minor articulations and
architectural features, and generally shown on building drawings as a
building elevation.
Bulletin Board means a notice board in a publicly accessible location
sheltered from the weather where members of the public
may place posters, signs or bills.
Bus Shelter Sign means a sign on a shelter structure or bench
intended to serve bus patrons and situated on land which
adjoins a bus stop in ordinary use by a bus servicing the
public.
Business means a business as defined in the Community
Charter.
Business Premises means that part of a building or parcel
owned or occupied for the purpose of conducting of a
business or service.
Canopy means a hood, cover or shelter projecting from a
building face and constructed of rigid materials such as metal
and glass.
Changeable (Manual) Sign - means a sign in or which the
information that is displayed can be changed manually using
detachable letters, characters, words, numbers or
illustrations.
Clearance means the vertical distance between the underside of a sign and finished grade
directly below.
Community Activity Sign means a temporary sign identifying an
upcoming public event or activity.
Construction Project Sign means a temporary sign identifying the
nature of a construction project, owner, general contractor, architects,
engineers, sub-trades and others associated with the planning, design,
development and financing of the project.
Contractor Sign means a temporary sign identifying individual
contractors or sub-contractors involved in the construction, renovation
or demolition occurring on a parcel.
Copy in respect of a sign means the letters, characters, numbers or
graphics that make up the message on the sign.
Designated Municipal Officer means the Chief Administrative Officer
(CAO) or a member of District staff designated by the CAO to be
responsible for sign permit approvals under this Bylaw.
District means the District of Tofino.
District Directory Sign means any District owned and managed
freestanding wood sign with a sign area of up to 3m2 which provides
community information and direction and on which businesses and
community groups may, with the District's permission, provide
Contractor Sign
Bulletin Board
Building
Directory Sign
District
Directory Sign
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
5
information to the public.
Electronic Message Board means an electronically powered sign
displaying moving or changing messages or other information.
Fascia Sign means a sign attached to a building face with its display
surface in a plane parallel to the building face, but does not include a
banner or a billboard.
Freestanding Sign means any sign wholly or partially supported by a
structure which is independent of any building or other structure, but does
not include a billboard, banner or sandwich board sign.
Frontage means the property line of a parcel abutting a highway.
Fuel Station means any parcel or business premises used or equipped to
be used for the retail sale and dispensing of motor fuels, motor oils and
propane.
Grade means the elevation of the surface of the ground.
Highway means a highway as defined by the Transportation Act.
Identification Sign means a permanent sign that is located on a parcel and
relates to or identifies a use on that parcel.
Illuminated in respect of a sign means having an internal light source or
designed to reflect light from an external source intentionally directed at
the sign.
Mural means an artistic rendering or drawing painted or otherwise applied
to a building face which is intended as a public display but does not include
a fascia sign.
Non-Profit means a corporation or an association that conducts business
for the benefit of the general public without shareholders and without a profit motive.
Notice Board Sign means a small sign whose content can be changed to display menus,
specials, tour times and similar business information.
Occupier means an occupier as defined by the Community Charter.
Owner means an owner as defined by the Community Charter.
Parcel means a parcel as defined by the Community Charter.
Person means a person as defined in the Interpretation Act.
Political Sign means a sign containing only messages relating to a public election or
referendum.
Projecting Sign means a sign which is attached to and projects perpendicularly from a building
face but does not include a canopy or awning sign.
Public Wayfinding Sign means a sign erected and maintained by the District
for directing members of the public to non-commercial services and
premises.
Real Estate Sign means a sign indicating that the parcel or business
premises on which it is located is for sale, rent or lease.
Roof Line means the line formed by the top edge of the exterior walls of a
building including a false roof extending above the main roof line where the
roof intersects with the exterior walls.
Roof Sign means a sign erected, painted, or placed on top of the roof or
parapet of a building or structure, or wholly or partly above a roof line of a
building.
Sandwich Board Sign means a two faced temporary sign hinged at the top
edge and usually placed on a sidewalk or the edge of a highway.
Sight Line means sight line as defined by the Transportation Act.
Sign means any structure, device or visual display which communicates
information about or attracts the attention of the public to a product, place, activity, person,
service, institution, use or business.
Fascia Sign
Sandwich Board
Roof Sign
Hanging Sign
Illuminated
Sign
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
6
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 areas on all sides, unless otherwise
specified in this Bylaw.
Sign Height means the vertical distance measured from the highest point of the
sign or its supporting structure to the elevation of the grade directly below the
sign.
Structure means any construction installed on, supported by or sunk into land
or water, but does not include fences, hard-surfaced areas intended for
pedestrian or vehicle movement or parking, or retaining structures 1.5 meters
or less in height.
Subdivision Identification Sign - means a sign identifying a subdivision or multi-family
residential development and contains no additional information.
Temporary Sign means a sign not permanently affixed to the ground or a building, and includes
sandwich board and banner signs.
Tent Sign means a sign attached to or located on a freestanding tent.
Third Party Advertising means any sign which communicates information
about, or attracts the attention of the public to, a product, place, activity,
person, service, institution, use or business not offered or occurring on the
parcel on which the sign is located, but does not include bus shelter signs,
Public Wayfinding Signs or Directory Signs.
Under Canopy Sign means a sign affixed beneath a permanent canopy,
awning, building, arcade or structure and does not include a projecting sign
or a banner sign.
Vehicle - means a vehicle as defined in the Motor Vehicle Act.
Window Sign means a sign painted on or affixed to a window.
Zone means a zone designated by the current District of Tofino Zoning Bylaw.
3. Application of Sign Bylaw
(1) No person shall erect, place, alter, maintain, demolish or remove, or permit the
erection, placement, alteration, maintenance, demolition or removal of a sign, sign
board, advertisement, advertising device or advertising structure within the District
unless it complies with this Bylaw.
(2) A sign may be erected, placed, altered, maintained, demolished or removed within
the District where all provisions of this Bylaw are satisfied, including a valid sign
permit for the sign, where required.
(3) Notwithstanding any other provisions of this Bylaw, the following types of signs are
exempt from this Bylaw:
(a) Visual displays consisting solely of goods placed inside a building and visible
through a window;
(b) A sign on or over a District road for the control of traffic or parking , or for
street names, or directions where the signs are placed by or with the approval
of the District;
(c) Traffic control devices placed pursuant to the Motor Vehicle Act;
(d) Notices issued by, or required by, the District, the Government of British
Columbia or the Government of Canada;
(e) Bus Shelter Signs placed by or with the approval of the District;
(f) Private celebration and holiday decorations of a temporary, or seasonal
nature, displayed for not more than 30 days; and
Sign Area
Temporary
Sign
Window Sign
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
7
(g) Gravestones, cornerstones, plaques, and other markers placed for historical,
commemorative or memorial purposes, placed by or with the approval of, the
District.
4. Prohibited Signs
(1) Signs that are not specifically permitted in this Bylaw are prohibited. Without
restricting or limiting the generality of the previous statement, the following types of
signs, sign boards, advertisements, advertising devices and advertising structures are
prohibited:
(a) Signs placed or erected and oriented such that any portion of the sign area is
visible by pedestrians on any beach during any season.
(b) Abandoned signs;
(c) Projecting signs;
(d) Animated signs and signs which produce sound intended to attract attention;
(e) Wind activated devices designed to attract attention with movement, including
ribbons, balloons and similar inflatable devices;
(f) Neon colours;
(g) Electronic message boards except as permitted in section 9;
(h) Sandwich board, banner and other temporary signs except as permitted in
section 9;
(i) Signs which obstruct a parking or loading space required by the Zoning Bylaw;
(j) Signs attached to or located on any vehicle, boat or trailer parked so as to be
visible from an arterial highway or District road for the principal purpose of
advertising, including signs placed within a vehicle so as to be visible from
outside the vehicle. This section does not prohibit any form of permanent
signage attached to or painted on a motor vehicle for the purposes of
identifying the owner or operator of the vehicle and goods or services it
contains or provides;
(k) Signs that obstruct any part of a doorway, window, passageway, fire escape,
walkway, highway, sidewalk or similar feature;
(l) Signs erected or placed on trees;
(m) Roof signs projecting more than 0.3m over the roof line;
(n) Freestanding signs placed within and perpendicular to view slots, vistas, view
corridors and viewscapes identified in Schedule B;
(o) Third party advertising signs except as permitted by this bylaw; and
(p) Changeable (Manual) Signs except as permitted by this bylaw.
5. General Requirements for All Signs
(1) Unless otherwise provided for by this Bylaw, a sign for a business premises must be
erected or placed only on that portion of the parcel that is occupied by the business
or activity to which the sign relates.
(2) All sign illumination should adhere to the following guidelines:
(a) All lighting installations shall be designed and installed to be fully shielded (full
cutoff), except as provided for in the exemptions below, and shall have a
maximum lamp wattage of 250 watts HID (or lumen equivalent) for commercial
lighting, 100 watts incandescent, and 26 watts compact fluorescent for
residential lighting (or approximately 1,600 lumens); and
(b) In residential areas, light should be shielded such that the lamp itself or the lamp
image is not directly visible outside the property perimeter.
(3) A person must not erect or place, or cause to be erected or placed, a sign on or over
an arterial highway, District road or any other District property or right-of-way
unless the owner of the business premises to which the sign pertains has entered
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
8
into an encroachment agreement with the District, in a form acceptable to the
District.
(4) A sign shall not be erected or placed within the provincial arterial highway of
Highway 4 (Campbell St.) unless the sign has been approved by the Ministry of
Transportation and Infrastructure and is otherwise in compliance with this Bylaw.
6. Regulated Signs Not Requiring a Permit
(1) The following signs do not require a sign permit but must conform to all other
provisions of this Bylaw, unless otherwise specified:
(a) Address Signs not exceeding 0.3m2 in sign area;
(b) Signs indicating that premises are open, closed or vacant, with a maximum sign
area of 0.3m2;
(c) Real Estate, Construction Project and Contractor Signs provided that such signs:
(i) do not exceed 3m2 in sign area;
(ii) are limited to one sign per development or real estate transaction;
(iii) are placed only on an arterial highway or District road frontage side of
any parcel;
(iv) are removed within 30 days of completion of the real estate transaction
or occupancy of the premises or other completion of the development in
question; and
(v) are not illuminated.
(d) Bus Shelter Signs;
(e) District Public Wayfinding Signs;
(f) District Directory Signs provided that such signs:
(i) are constructed from individual weather protected cedar planks
measuring 45cmx150cmx5cm;
(ii) are erected by the District for the direction of members of the public; and
(iii) are not more than 3.5m in height.
(g) Political Sign provided that such sign:
(i) is erected not more than 30 days prior to the election in question; and
(ii) is removed within 7 days after the election.
(h) Bulletin Board provided that such sign:
(i) is located in "P" zones or in zones where retail sales or commercial uses
are permitted;
(ii) does not exceed 3m2 in sign area;
(iii) is attached to a building as a fascia sign; and
(iv) is located in a weather protected and landscaped area.
(i) Community Activity Sign provided that such sign is erected and maintained by
the District.
(j) Tent Signs provided that:
(i) the tent has been erected as part of a community event for a maximum
of 150 hours in 30 days.
(k) One Temporary Sign may be erected or placed at the intersections of Campbell
Street in the vicinity of the wharfs in relation to fish sales off the dock by the
operator of each commercial fishing vessel having a Department of Fisheries
and Oceans license to sell fish. Such signs shall not be located in an area that
would obstruct motorist sight lines or pedestrian circulation.
(2) A sign permit is not required under this Bylaw for a sign that is authorized by a
development permit, and in such cases the sign need not conform to any provision
of this Bylaw that has been varied by the development permit.
7. Signs Requiring a Permit
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
9
(1) The following signs are permitted in all zones subject to the following provisions
hereinafter set forth:
(a) Identification Sign
(i) may be a freestanding sign or a fascia sign;
(ii) shall be a carved or cast sign or a sign with raised or recessed lettering or
logos;
(iii) shall not exceed 0.6m2 in sign area; and
(iv) shall be placed to face an arterial highway, District road or another public
area.
(b) Building Directory Sign
(i) are permitted only in multi-tenanted buildings or plazas;
(ii) shall not exceed a sign height of 3.5.m;
(iii) shall not exceed a sign area of 3.5m2;
(iv) shall not exceed 0.6m2 in sign area per business premises; and
(v) requires a sign permit for the building directory sign and for each
business premises sign.
(c) Subdivision Identification Sign
(i) shall not exceed a sign height of 3m; and
(ii) shall not exceed a sign area of 3m2.
(2) In zones where retail sales or commercial uses are permitted the District intends to
preserve and enhance a consistent "west coast natural" theme and for that purpose:
(a) The materials used in freestanding and fascia signs requiring a permit shall
be predominantly natural materials, such as wood or metal traditionally tooled
and finished. The preferred signage is carved wooden signs with logos and
lettering recessed or raised against the background, and with the background
area finished in natural wood tones.
(3) In zones where retail sales, commercial uses and industrial uses are permitted:
(a) A maximum of two signs are permitted per building face;
(b) A maximum of two building faces per building are permitted to display signs;
(c) Notwithstanding any other provisions of this Bylaw where a multi-tenanted
building has only one face, a maximum of one sign per business premise is
permitted;
(d) The total sign area on any one building face shall not exceed 30% of the area
of the building face;
(e) In addition to the signs permitted under subsection (a), one sign in a building
directory and one notice board sign under 0.6m2 is permitted per business
premises;
(f) Third Party advertising shall not exceed 10% of a building face area; and
(g) The following signs are permitted:
(i) Under Canopy Sign
1. No more than 1 under canopy sign is permitted for each business
premises; and
2. The lowest part of an under canopy sign or supporting structure
shall have clearance of least 2.5m.
(ii) Fascia Sign
1. Fascia sign area shall not exceed thirty percent 30% of the area of
the building face to which the sign is attached;
2. A fascia sign shall not project more than 45cm from the building
face to which it is attached; and
3. A fascia sign may project up to 30cm over a roof line.
(iii) Window Sign
1. A window sign area shall not exceed 40% of the area of the
window, excluding open, closed or vacancy signs; and
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
10
2. A window sign area may be the area of one window or may be the
building face area covered by windows.
(iv) Freestanding Sign
1. No more than 1 freestanding sign shall be located on a parcel;
2. A freestanding sign may be used to display more than one on-
premises business where each business has a permit for the sign
displayed;
3. The total sign area shall not exceed 3.5m2;
4. Third Party advertising is not permitted on freestanding signs;
5. The height of a freestanding sign shall not exceed 3.5 m nor
exceed a height of 3.5 m measured from the centerline elevation
of any arterial highway or District road abutting the parcel on
which the sign is located;
6. Freestanding signs shall be set back a minimum of 0.2 m from
pedestrian pathways; and
7. A freestanding sign shall be located within any landscaped area in
existence at the time the sign is erected or placed, unless this
requirement conflicts with any other provision of this Bylaw.
(v) Awning Sign
1. An awning sign shall be affixed to the business premises to which
the sign pertains;
2. A building face of a business premises shall not have more than 1
awning sign; and
3. The sign area of an awning sign shall not exceed 0.25m2 for each
1 meter of length of the canopy or awning on which the sign is
located.
(vi) Electric or Electronic Message Board Signs are permitted on business
premises where motor fuels are sold at retail, provided that:
1. The electronic portion of the sign displays only the current price
of motor fuels including gasoline, diesel, propane and marine
fuels;
2. The sign does not exceed a sign area of 0.6m2 per type of fuel;
3. The sign displays its message in one color only; and
4. The content of the sign remains the same for a period of at least 1
hour, and does not scroll, move, fade, flash, or change in any way
that is designed to draw attention to the sign or business
premises.
(vii) Despite other provisions of this bylaw a freestanding sign which includes
Third Party Advertising is permitted where:
1. The sign pertains to a business not abutting a highway for which a
current District business license has been granted;
2. The sign does not interfere with sight lines or pedestrian
circulation;
3. The sign is erected at the intersection of the closest access
highway to the business premises and on the same side of the
highway as those premises; and
4. The owner of the lands on which the sign is located has
authorized the sign permit application.
(viii) Tent Signs are permitted on business premises where third party
advertising forms less than 30% of the tent area.
(ix) Changeable (Manual) Signs for the purposes of advertising a vacancy
where the sign does not exceed a sign area of 0.3 m2 ;
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
11
8. Temporary Sign Permits
(1) Temporary sign permits may be granted for temporary signs such as sandwich
boards, banners, and tent signs in zones where retail sales, commercial uses and
industrial uses and industrial uses are permitted:
(a) For no more than seven (7) continuous days for one of the following purposes:
(i) To advertise the opening or closing of a business for which a current
business license has been granted; or
(ii) To advertise the opening or closing of a non-profit organization; or
(iii) To advertise a special event, to a maximum of twelve (12) events, per
year, per business or non-profit organization.
(b) For no longer than four (4) continuous months for one of the following purposes:
(i) To advertise a new business or non-profit organization pending the
erection, placement or alteration of a permanent sign for which a
permit has also been granted; or
(ii) Where temporary conditions such as construction or renovation
interfere with or prevent the use of a permanent sign.
(c) For no longer than twelve (12) continuous months where the Designated
Municipal Officer determines that:
(i) another type of sign would not be capable of reasonably identifying the
business premises and their use due to the presence of trees or a
highway; or
(ii) bedrock or significant elevation changes on the business premises do not
permit the placing of a permitted type of sign reasonably identifying a
property and its use; or
(iii) the location of the business entrance does not permit the placing of
another type of sign reasonably identifying the property and its use.
(2) Temporary sign permits may be granted for temporary signs such as banners,
sandwich board signs, and tent signs as specified in section (1), provided that:
(a) The sign does not pose a safety hazard or interfere with sight lines, site
circulation or accessibility;
(b) The sign area in the case of a sandwich board sign does not exceed 0.8m2 on
each side;
(c) The sign area in the case of a banner sign does not exceed 4m2;
(d) A banner sign is placed such that all sides are securely fastened; and
(e) A temporary sign permit for another type of sign is not in place for the business
premises.
9. Application Requirements and Sign Permits
(1) Any person applying for a sign permit shall submit a completed sign permit
application including:
(a) The name and contact information of:
(i) the owner of the sign;
(ii) the manufacturer of the sign; and
(iii) the contractor for the erection, placement or alteration of the sign.
(b) A sketch of the sign in colour indicating:
(i) the dimensions of the sign structure;
(ii) dimensions of the sign area;
(iii) sign height;
(iv) clearance between the bottom of the sign and the ground below (for
under canopy and awning signs only);
(v) approximate sign weight;
(vi) the construction and finishing materials;
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
12
(vii) how the sign will be secured where applicable; and
(viii) the proposed method of illumination where applicable.
(c) A current photograph of the building face indicating:
(i) the proposed location of the sign;
(ii) the dimensions of the building face where the sign will be located; and
(iii) the location and dimensions of all existing signs on the business
premises which require a permit under this Bylaw and, if the Designated
Municipal Officer requires, all existing signs that do not require a permit.
(d) The proposed location of the sign in relation to the boundaries of the parcel
and any landscaping (for freestanding signs and sandwich board signs only);
(e) A letter of authorization from the owner of the land on which the sign will be
erected, where the land owner is not the applicant;
(f) An encroachment agreement executed by the owner of the adjacent land,
where the sign encroaches on District lands;
(g) Approval from the Ministry of Transportation where a sign is on private lands
or District lands within 4.5 m of an arterial highway (Highway 4/Campbell St.);
(h) At the discretion of the Designated Municipal Officer:
(i) sealed drawings prepared by a Professional Structural Engineer and/or a
letter signed by a professional Engineer registered in the Province of British
Columbia undertaking to supervise the work authorized by the permit; and
(ii) information regarding the construction of a building or structure that
would enable the Building Inspector to adequately determine the capacity
of such a building or structure to support the sign.
(i) Any other information that the Designated Municipal Officer reasonably
requires to determine whether the sign complies with this Bylaw; and
(j) Application fees as prescribed by this Bylaw.
(2) The Designated Municipal Officer shall grant a permit if the application complies
with the provisions of this Bylaw and other Bylaws of the District.
(3) Such permit shall expire if erection, placement or alteration of the sign is not
commenced within a period of six (6) months from the date of issuance of the
permit.
(4) The Designated Municipal Officer shall refuse a permit for any sign where:
(a) The display of such sign is not permitted by this Bylaw, the Motor Vehicle Act,
the Transportation Act or any regulation made under either of these Acts;
(b) The sign would interfere with the operation or visibility of a traffic control
device or sight lines;
(c) The application fees and any encroachment fees, damage deposit or evidence
of insurance coverage required by an encroachment agreement have not been
received by the District; or
(d) Any information submitted regarding the construction of a building or
structure is insufficient to enable the Building Inspector to adequately
determine the capacity of such a building or structure to support the sign.
10. Fees, Permits and Costs
(1) The fees payable under this Bylaw shall be as follows:
(a)
Application for a sign permit:
$100.00
(b)
Application for a temporary sign permit:
$50.00
(c)
Application for a permit for business premises signs in a permitted
Building Directory Sign
$ 25.00
(d)
Application for a permit altering an existing sign in which the size,
$ 25.00
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
13
location and material of the existing sign is not being changed
(2) Where the District is undertaking public works which the Designated Municipal
Officer determines restrict or modify public access to a business premises or affect
the visibility of business premises signs, application fees for temporary signs
directing the public to the affected business premises should be charged to the
District project rather than to the applicant.
11. Non-Conforming Signs
(1) 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 as
a legal non-conforming sign provided it is maintained in a clean and safe condition,
there is a valid sign permit for the sign, and encroachment agreements are in place
where required.
(2) Alterations to a legal non-conforming sign are permitted provided that the sign shall
not be rebuilt, enlarged, extended, relocated or illuminated in contravention of the
original sign permit.
12. Maintenance
(1) All signs and their supporting structures and electrical equipment shall be
maintained in good condition by the owner, or lessee of the parcel or business
premises on which the sign is located.
(2) The normal maintenance, including replacement of copy, light bulbs or electrical
equipment and refurbishing of signs shall not require a permit provided that signs
are not rebuilt, enlarged, extended, relocated or illuminated in contravention of the
original sign permit.
(3) Every sign shall be maintained by the owner as to its structural soundness and
appearance such that it does not constitute a hazard to persons in the vicinity or
present an unsightly appearance, and for that purpose a sign presents an unsightly
appearance if:
(a) any painted or stained surface of the sign or supporting structure is chipped
or peeling or exhibits visible discoloration, rust or corrosion;
(b) any portion of the copy is faded or otherwise deteriorated so as to render it
illegible at the distance from which the sign is intended to be read;
(c) any fabric of which the sign is fabricated, including any fabric comprising an
awning, is torn or frayed;
(d) any letter, of a sign composed of individually mounted letters, is absent;
(e) any light bulb or tube is inoperative or any wiring component not
functioning; or
(f) the supporting structure or any component thereof has been damaged or has
deteriorated such that the sign is not plumb and level.
13. Enforcement
(1) If, at any time, any sign does not conform in every respect with the provisions of this
Bylaw, or any other applicable bylaw, or if any sign is, in the opinion of the
Designated Municipal Officer, in an unsafe or defective condition or is in disrepair,
the Designated Municipal Officer may give notice to the owner of such sign, or the
owner or occupier of the parcel or business premises upon which it is displayed or to
which it pertains, to repair or remove the sign within the period specified in the
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
14
notice and the owner or occupier shall repair or remove the sign in accordance with
the notice.
(2) Pursuant to Part 8 of the Community Charter, this Bylaw, without limiting the
available remedies, may be enforced by any or all of the following:
(a) a proceeding brought in Provincial Court under the Offence Act;
(b) a Municipal Ticket Information issued under the applicable District of Tofino
bylaw;
(c) a Bylaw Notice issued under the applicable District of Tofino Bylaw;
(d) a proceeding brought in Supreme Court.
(3) Every person who contravenes, violates or fails to comply with any provision of this
Bylaw, or permits any act or thing to be done in contravention or violation of this
Bylaw, or who neglects to do or refrains from doing anything required to be done by
this Bylaw or any notice given under section 13(1) commits an offense and shall be
liable, upon summary conviction, to the maximum penalties that may be imposed
pursuant to the Offence Act for each and every offence, and each day that an offence
continues shall constitute a separate offence against this Bylaw.
(4) Pursuant to section 16 of the Community Charter, persons authorized by the District
to administer this Bylaw may enter onto a property or into a property to inspect and
determine whether all regulations, prohibitions and requirements of this Bylaw are
being met.
(5) Pursuant to section 17 of the Community Charter, if a person subject to a
requirement set out in a notice given under section 13(1) fails to take the required
action, the municipality may fulfill the requirement at the expense of the person and
recover the costs incurred from that person as a debt.
(6) Pursuant to section 46 of the Community Charter, the Bylaw Enforcement Officer or
other District designate is authorized to seize signs unlawfully occupying a portion of
a highway or public place.
(7) No person shall obstruct or prevent a Designated Municipal Officer or a Bylaw
Enforcement Officer from carrying out his or her legally prescribed duties in
enforcing this Bylaw.
14. Severance
(1) If any portion of this Bylaw is declared ultra vires by a court of competent
jurisdiction, that portion shall be deemed to be severed from the Bylaw with the
intent that the remainder of the Bylaw shall continue in full force and effect.
15. Repeal
(1) The District of Tofino Sign Control Bylaw Bylaw No. 1079, 2008 is hereby repealed.
Read a first time on May 27th, 2014
Read a second time on May 27th, 2014
Read a third time on July 29, 2014, as amended
Adopted on August 19, 2014
ORIGINAL SIGNED BY
_____________________________
________________________________
Josie Osborne, Mayor
Robert MacPherson, Corporate Officer
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
15
Schedule 'A'
SIGN PERMIT
Subject to the provisions of "The District of Tofino Sign Control Bylaw No. 1193, 2014", permission is
hereby granted to:
_____________________________________________________________________________
(Person and/or business premises)
for the ______________________________________________________________of one
(erection, placement, alteration, maintenance, demolition, removal)
________________________________________sign located at ________________________________
(directional, fascia, freestanding, other, etc.)
(legal description and civic address)
in conformity with the plans and specifications submitted by the applicant as per Schedule "A" and
approved of by the Designated Municipal Officer of the District of Tofino on this day of
_______________________________.
In the case of a temporary sign permit, the last day this permit is valid is ________________________.
______________________________
Designated Municipal Officer,
District of Tofino
DISTRICT OF TOFINO SIGN CONTROL BYLAW NO.1193, 2014
16
SCHEDULE B - Identified Views