|

Town of o

S m1 ther
REPORT TO COUNCIL

DATE:

March 16th,2016

REPORT: DEV16-21

FROM: Alison Watson, Planner

FILE:

3900-01

SUBJECT: Draft Sign Bylaw

RECOMMENDATION:

THAT Council receive the draft Sign Bylaw for discussion and comment;

AND THAT Council direct staff to advertise and host an Open House on April 19th,
2016 from 4 pm - 6:30 pm at the Town Hall followed by a Committee of the Whole
meeting starting at 6:30 pm.

AND THAT Council direct staff to notify the Chamber of Commerce, Downtown
Merchants, Small Business Task Force and wider community of the draft bylaw, Open
House and opportunity to provide feedback to Council.
BACKGROUND:

The purpose of the Sign Bylaw review process is to identify issues with the existing
Sign Bylaw and to recommend opportunities for improvement. The Sign Bylaw is
being reviewed in accordance with the Sign Bylaw Review Terms of Reference, which
was approved by Council in November 2015. The review is required to:

o
.
.
.
o

Determine whether changes to the Sign Bylaw are warranted;

lmprove layout;
lmprove readability and interpretation;
Support the needs of the business community;
Have meaningful community involvement.

cAo !

Dir/CS !
Admin Asst. I
Dir /Rec

L=l

Dir/DS

Dir/O

Fire

Air/Mgr

Dir/FlN
Bldg lns
Planner
PCSO

Agen Date: March22nd 2016

ln-Cam Date:
Agenda Placement: Staff "4"
Other:

/zs

rLs
Regular Gouncil

Page 2

DEVI6-2r

To date, the following has been completed, all of which are available on the Sign
Bylaw Review webpage:

1. Technical Bylaw

2.
3.

Review Summary & Draft Survey to Council (December);

Community Survey (Dec. 10 - Jan. 25th) & Downtown Tours (Jan. 19th & 21't);
Compile results of the survey and downtown tours (Feb.)

The next steps in the review process are to:

4.

Present a draft Sign Bylaw to Council for discussion and comment (March)
5. Community review of draft (proposed for April 19tn);
6. Finalize bylaw (May);
7. Present to APC (May);
8. Present to Council for 1tt, 2nd and 3'd readings (May/June);
9. Adoption by Council (June);
1 0. I mplementation (June/July)

DISCUSSION:

Attached is a summary of the proposed bylaw changes and a copy of the draft Sign
Bylaw. The bylaw contains red font for new sections or where regulations have been
substantially altered. Many sections have been reworded for clarity purposes and the
document has been reorganized.

After Council's initial review staff will incorporate any preliminary changes into the
draft. Once completed, the draft bylaw will proceed to the public review stage. Staff
recommend that an Open House be held from 4 - 6:30 pm followed by a Committee of
the Whole meeting with Council on April 19th.

As per the Terms of Reference, staff will notify the Chamber of Commerce, Downtown
Merchants, Small Business Task Force and wider community of the draft bylaw, Open
House and to either attend the Committee of the Whole meeting or provide comments
to Council.
COMMUNICATION:

All staff reports, survey results and review timeline are available on the Town's Sign
Bylaw review webpage. Communication actions for the review and comment phase of
the process include the following:

1. Run two newspaper

ads in the lnterior News advising of the draft Sign Bylaw &
Open House two weeks leading up to the Open House;

2. Send direct invitations and a summary of changes to the Chamber of

Commerce, Downtown Merchants & Small Business Task Force to either
directly attend the Committee of the Whole meeting or to submit comments to
Council.

Regular Council

3.

Update the Town website

Page 3

DEV 6-21

to include a copy of the draft sign bylaw and

summary of changes.
OPTIONS:

1.

2.

Request changes to the draft sign bylaw before public review

Request an alternate public review option.

Respectfully submitted by:

Approved for submission by:

Alison Watson, MCIP, RPP

Planner

Ch ief Ad m inistrative

neY
Officer

Attach

r
.

Summary of Changes
Draft Sign Bylaw

n:\development seruis\development 201s\other reports\sgn bylaw review\reports to councl\dev16-21 report to uncil draft sgn bylaw.dod

l/*s
Summary of Sign Bylaw Changes
March 22nd Regular Meeting
Based on the survey results, research from other communities and work completed to date, the below
summary outlines general changes ncorporated into the draft Sgn Bylaw. Specific changes are listed in

the proceeding tables.

1.

Integrate elements of the Alpine Theme Design Guidelines directly into the Sign Bylaw.
Before and during the review process there has been confusion and contradiction between the sign
regulations contaned in the Sign Bylaw and Alpine Theme Guidelines. The draft bylaw:

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,/
,/
2.

Merges key design elements (sgn material, lighting, size, number) from the Alpine Theme
directly into the Sign Bylaw.
Removes Sign Bylaw reference to Alpine Theme as key design elements are now within the
bylaw itself.
lmproves navigation & accessibility of sign regulations.

Modernize the Alpine Theme by focusing regulations on sign materials, lighting, size and number
of signs. The survey results revealed a strong support for continuing to have an Alpine Theme that
evolves into locally appropriate regulations that reflect our Canadian mountan town. The draft
bylaw contains:

/
/
/

Revised "Design Standards" section that contains clear regulations regarding permitted lighting,
sign materals & number of signs permitted.

Non-prescriptive regulations give businesses full creative control on branding, letter font, copy
& use of windows.
Changes uphold the spirit and intent of the original Alpine Theme while allowing room for
creative expression a nd contem porary interpretation.

3. Create different sign regulations

for businesses in downtown Smithers and Highway 16. Both the

survey results and downtown tours acknowledged the different business exposure needs and scale
(vehicle/pedestrian) of the downtown and Highway L6 commercial areas. The draft bylaw:

,/
,/
4.

Continues to permit frontlit signs in downtown Smithers (C-1, C-1.4, C-18 Zones) while all other
commercial areas may be either frontlit or backlit (backlit letters, channel letters or halo).
lncludes an additional freestanding sign allocation for businesses abutting Highway 16.

Housekeeping updates to improve bylaw organization, add/remove definitions, add visuals,

clarify how new Sign Bylaw impacts existing signs and is enforced. lmproving readability, layout
and interpretation were key elements of the bylaw review process. The draft bylaw:

,/
,/
r'

Contains new sections on non-conforming signs and variances.

Revise enforcement section to include enforcement protocol, appeal process, etc.
"Unbundle" definitions section, where possible, so that the full meaning of a term is explained in
the approprate secton of the bylaw.

5t
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Table 1. New Sections Added to the Draft Sign Bylaw
REGULATION

PROPOSED CHANGE

Non-

Conforming

Signs

Variance
Approvals

RATIONALE

States that any sign in existence may only be

altered, rebuilt or relocated in accordance with the
new bylaw.

Clarifies impact of the new

Sign Bylaw on existing signs.

A sign in existence at the time of bylaw adoption

Clarifies conditions in which

existing signs may continue
to exist.

may continue to be used and maintained provided

that it does not cause unlawful obstruction or pose
a hazard.

Clarifies that signs authorized via Development

Variance Permit and Development Permit are lawful
provided the permit remains valid.

Maximum 2 permanent signs permitted per

- l freestanding sign per property abutting Hwy

-

Number of Signs

16.

signs/business; 20%

Sandwich board signs.

2 signs per frontage).

back alley.

included.

Continue to permit illuminated signs only in

commercial areas as per existing bylaw.

Frontlt Signs are permitted in the C-1, C-14, C-18

Backlit Signs (lettering, halo or channel letters) and

Frontlit Signs are perrnitted in all other commercial

Neon tubes only permitted for "vacancy", "no

vacancy", "open", "closed" ncdental signs.

if

1.

Adapted from the Alpine

theme for downtown.

2.

Survey results indicated 50/50

split on permitted backlit sign
boxes.

3.

Survey results ndicated 65%

in support of illuminated

channel letters.

4.

zones.
a

pport

1 additional sign per building face on a corner or

su

Acknowledges that most

businesses exceed 2 signs
sandwich board signs are

Temporary signs.

Zones (downtown Smithers).

Permitted
tighting

Survey resu lts indicated

strong support for limiting

number of signs (42%
support max.2

business. ln addition:

Maximum

For information only.

consistent with Locol

Government Act.

Survey results indicated 56%

aganst permitting digital LED
signs.

5.

Downtown is primarily
oriented to pedestrians (i.e.
village ambience) while Hwy
16 is oriented to vehicular

traffic with buildings setback

from the Hwy.
Permitted
Materials &
Lettering

Signs, sign borders or supportive framing for all

permanent signs in the Downtown and Highway 16

(in Form and Character Development Permit Area),
must incorporate one or more of the followng:

L. Survey results indcated

63%

support for an evolved Alpine

Theme;

2.

Regulations retain core

/rs
Materials of wood, metal, rock or glass; or

elements of the Alpine

Theme without being

Lettering that is either raised or recessed.

prescriptive.

3.

Allows businesses creative

expression & contemporary

interpretation.

Table 2. Sections Removed from the Existing Sign Byla{Alpine Theme

REGULATION

PROPOSED CHANGE

RATIONALE

Remove bylaw cross reference to Alpine Theme

(Section 8.8 of existing bylaw).

Guidelines, other than those referencing maximum

number of signs, lightng types and materials are
not incorporated into the bylaw. This include:

Remove

Mandatory
Alpine Theme
Compliance

Maximum 2 signs per business;

a

Key elements have been

incorporated directly into
the bylaw.

Low compliance with

traditional Alpine Theme.

Total signage area maximum;

Upper floor business max.

sign/window;

No sub-text, copy, product ads, etc.

Specific type styles;
Letter widths and heights;

Window signs max. 20%;

Max. area for projecting signs;
Door signs regulations;

Table 3. Modified Regulations

REGULATION

Exemptions

PROPOSED CHANGE

o
o

RATIONALE

Add exemption to sgns located inside a window.

Add "open", "closed", "vacancy" or "no vacancy''to

exempt ncidental signs.

Add definitions

for

"backlit sign",

"business

frontage", "frontlit sign", "Town of Smithers Tree

Sign" and "Zone(s)".
Defntons

o
o

Definition of incidental signs

required updating.
Clarification of key terms.

Avoids redundant definitions

(minimal referencing

Change "marquee sign" to "hanging sign".

Change "pennant sign"

Clarify that signs located

behind a window are exempt.

to "moving sign" and move

defnition into bylaw itself.

in

bylaw).

Avoid key meaning of terms

hiding in definitions section.

7z
a

Remove definitions for "bench, telephone booth

and bus shelter sign", "building sign", "structure".

Move definitions

for

Use more common language.

"abandoned sign", flags,

"incidental sign", "animated sign", "flashing sign",

"portable sign",
a

Split definition for portable sign into two parts by

for

creating separate definition

"temporary
freestanding sign" in prohibited sign section.
a

General modifications to clarify definitions (add

whether signs are temporary or permanent).

Remove the 1.5 m'area

Clarifies that any banner

sign, regardless of size, is
temporary.

Banner Signs

Canopy & Fascia

Maximum sign area is changed from 1.2 m2 per 1 m

of building frontage to 0.3 m2 per 1 m of building

Survey results indicated 74%

in support of banners signs
remaining temporary.

Change in keeping with the

Alpine Theme.

There are existing fascia sign

encroachments.

Survey results indcated 37%

in favor of changing the

frontage.

Signs
a

Permit Fascia signs to encroach over a sidewalk.

Where signs encroach onto a road right of way (i.e.

sidewalk), reduce the minimum vertical clearance
required from 2.6 m to 2.4 m.

Vertical

to allow for
projecting signs to be
regulations

Clearance of
Proectng
Signs, Canopy
Signs, Hanging

installed lower than

8'

(Marquee)

2.4 m vertical clearance

consistent with

Signs

regulations

from

New sections added to clarify the enforcement

approach and sequencing of enforcement acton.
lncludes "collection of debt for taxes"

to

other

lncludes "reconsideration of an order" whereby an

individual can seek reconsideration of an order by
Council.

Clarifies steps to

enforcement action and

appeal process.

recover

costs of removing a sign.

Enforcement to be used in
conju nction with direction

from Council.

is

sign

communities.
Enforcement

off

the ground.

s/zs

Town of

S m1 ther
BYLAW NO. 1789
S'GfV BYLAW
A bylaw to regulate sns

WHEREAS the Town of Smithers may, by bylaw, regulate the number, size, type, form,
appearance and location of signs;
NOW THEREFORE the Council of the Town of Smithers, in open meeting assembled,
enacts as follows:

1.0

ADMINISTRATIVEPROVISIONS

1.1

This bylaw may be cited as "Bylaw No. 1789

the date of adoption.

1.2

lf any portion of this bylaw is found invalid by a court of competent jurisdiction, it

shall be severed and the severance shall not affect the validity of the remainder
of the bylaw.

2.0
2.1

- Sign Bylaw" and takes effect as of

DEFINITIONS
ln this bylaw:

Backlit Sign means any sign illuminated from an internal light source

Balloon Sign means a temporary sign made up of an inflated, 3-dimensional

device, intended to attract the attention of persons to a business or undertaking.

Banner Sign means a temporary sign made up of lightweight fabric or other

similar material, which can be hung from a building face or on a structure.

Business Frontage means the side of a building that faces a street and contains
the main entrance of the business.
Ganopy Sign means a permanent sign that is attached to or part of a canopy, or
other protective cover over a door, entrance, window or outdoor service area.

/rs

/r/s
TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 2

Commercial Message means any wording, logo, or other representation that

directly or indirectly, names, advertises, or calls attention to a business, product,
service or other commercial activity.

Gonstruction Sign means a temporary sign of any type indicating that a building
project on the same property on which the sign is located is about to be
undertaken or is currently in progress.

Gommunity Event Sign means a temporary sign advertising an activity

sponsored by a registered non-profit corporation, club, church, school,
community group or Government organization.

Director means the Director of Development Services

Officer for the Town of Smithers, or designate.

or Bylaw

Enforcement

Fascia Sign means a permanent sign that displays only one sign surface and is
attached parallel to, but within 0.3 m (1') of; or painted on the surface of a wall,
building, or structure and is supported by such wall; building or structure.

a permanent sgn supported by structures or

placed
supports that are
on, or anchored in, the ground and that are not attached
to and are structurally independent from any building or other structure, but does
not include a Sandwich Board Sign, Political Sign or Real Estate Sign.
Freestanding Sign means

Frontlit Sign means a sign illuminated from an external light source

Hanging Sign means a permanent sign suspended under a canopy, awning or
similar feature and perpendicular to the building face oriented to pedestrians.

Person means any individual, association, company, corporation,

firm,

organization, or partnership singular or plural, of any kind.

Political Sign means a temporary sign primarily intended to promote the

activities or the cause of any political group or entity or to encourage or
discourage any Person to vote in any manner at an election or public
referendum, whether Federal, Provincial, or Municipal.

Projecting Sign means a permanent sign other than a canopy sign which is
attached to a building or wall in such a manner that its leading edge extends
more than 0.3 m (1') beyond the surface of the wall or building to which it is
attached.

Real Estate Sign means a temporary sign of any type indicating that real
property is for sale or lease.

t 2S

TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 3

Roof Line means the horizontal line joining the points of intersection of the
exterior wall of the building with the roof of the building. ln the case of a building
with a pitched roof, the roof line shall be at the eaves line.
Sandwich Board Sign means a temporary sign with no electrical power supply,
supported only by its own weight.

Sign means any structure, device, fixture, or visual representation that uses
colour, form, graphic, illumination, symbol, or writing to advertise, announce the
purpose of, or identify the purpose of a person or entity, or to communicate
information of any kind to the public.

Sign Area means the total area of a sign including the outer edge of the sign
frame or sign border but where a sign has no frame or border, means the area
contained within the smallest square or rectangle that will enclose all of the copy
of the sign. ln the case of a double-face or multi-face sign the area shall be
calculated by adding together the area of all sign faces visible from any one
point. When 2 sign faces are placed back to back, the sign area shall be the area
of the larger of the 2 faces.
Sign Height means the vertical distance from the top of the highest point of the
sign, including supporting framework or bracing, to the base of the sign or
supporting framework or bracing at the average level of finished ground adjoining
a building or sign structure to which the sign is attached.

Town of Smithers Tree Sign means a directional sign prescribed by the Town,
located on Main Street, directing traffic to businesses off Main Street within the
C-1A and C-18 zones of the downtown core.
Site means any lot or number of lots that are of sufficient area and dimension to
meet minimum zoning requirements for area, coverage, and use, and any other
zoning regulations regardless of the presence of internal legal boundaries, which
is used for a single purpose or development.
Town means the Town of Smithers

Zone(s) means the area which the Town is divided into a zone or zones
accordance with the Town of Smithers Zoning Bylaw.

in

,)/'
TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 4

3.0
3.1

APPLICATION OF BYLAW

3.2

All measurements in this bylaw are expressed in the metric system. The

No sign shall be erected, placed, displayed, altered or moved within the Town of
Smithers except in accordance with the provisions of this bylaw.
approximate equivalent in the imperial system is provided for convenience only.

3.3

lllustrations included in this bylaw are for convenience only.

Non-Conforming Siqns

3.4

A sign in existence at the time of adoption of this bylaw must not be altered,
rebuilt or relocated in any way unless in conformity with the provisions of this
bylaw.

3.5

Despite Section 2.3, a sign in existence at the time of adoption of this bylaw may
continue to be used and maintained provided that it does not cause unlawful
obstruction or pose a hazard as per the provisions of this bylaw.

Variances
3.6

Signs authorized by the Town of Smithers Council through issuance of a

Development Variance Permit or Form and Character Development Permit are
considered lawful while the permit remains valid.

Exemptions

3.7

This blaw does not apply to:

a)

Signs authorized by the Town, Province of BC or Government of Canada

by statutes, orders, bylaws, regulations or requirement;

b)

Signs authorized by the Town, or erected or placed under the direction of

the Town, on Town owned land or road right of way;

c)

lnformational signs of
facilities.

d)

Sign authorized by the Town in connection with public conveniences,

including bench, telephone booth and bus shelter signs that contain no

a public utility regarding its poles, lines, pipes, or

commercial message;

e)

Signs located inside a building or window;

/t/-r

TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 5

Works of art or holiday lights that do not include a commercial or political

message;

g)

Flags made up of a single piece of fabric hanging from a pole or poles that
contains the colours, patterns, or symbols of a government or country and
contains no commercial message and is not larger than 2 m' (21.5 ft').

h)
i)

Signs on motor vehicles;

lncidental signs with a functional purpose incidental to the use of the site

on which it is located and conveys information such as "no parking",

"entrancg", "loading only", "open", "closed", "vacancyi "no vacancy" and
other similar signs to a maximum area of 1.5m'. No sign with a
commercial message shall be considered an incidental sign or shall be
illuminated except in accordance with the provisions of this bylaw.

i)

4,0
4.1
4.2

Signs warning of an imminent physical hazard or danger and signs

prohibiting trespass.

PROHIBITED SIGNS
Signs that are not specifically permitted in this bylaw are prohibited
Prohibited signs include, but are not limited to:
k)

Abandoned signs that pertain to an event that has passed, or purpose of

which no longer applies, or advertises a business which does not have a
required valid Town of Smithers Business License.

r)

Animated signs on which movement or change of lighting is used to depict

action, change of messaging or create a special effect, and any sign on
which the message changes more than 24 times in a 24 hour period, but
excludes digital time or temperature display.

m)

Flashing signs on which

a regular or repetitive change of

intensity of

illumination or messaging occurs.

n)

Temporary freestanding signs not permanently attached to the ground or

other permanent structure, but does not include Sandwich Board Signs.

o)

Portable signs designed to be transported, including, but not limited to,

signs designed to be transported by means of wheels.

p)

Moving signs which physically as a whole or a portion moves in any way

t//zs

TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 6

q)

Roof signs located on and over the roof of a building and extending
vertcally above the highest portion of the roof line by more than 1 m (3.3').

r)
s)

Signs with neon tubing, except as permitted in Section 6.8 of this bylaw.
Any sign which contains indecent or obscene pictures, drawings, or words.

5.0

GENERAL PROVISIONS

5.1

A sign may only advertise a business or use which is operatng in compliance

with a valid Town of Smithers Business License and the Town of Smithers
Zoning Bylaw.

5.2

No sign may contain any commercial message except advertising for goods and
services offered on the premises where the sign is located.

Construction

5.3
5.4

All sign materials and mounting must be durable and weather resistant.

5.5

All wiring and conduits must be placed below grade or othenvise concealed.

All signs must comply with applicable provisions of the BC Building Code and the
BC Electrical Code and be in compliance with these codes at all times with the
required approvals maintained.

Location
5.6

All signs must be located entirely on private property, except where specifically
permitted by this bylaw.

5.7

At no time shall a sign interfere with the placement or use of any equipment or
structure required for any Town purpose or pose a hazard to any person or
property.

5.8

Any signs extending over an area accessible by motor vehicles must have a
minimum vertical clearance of 4.5 m (14'9") and a minimum vertical clearance of
2.4 m (8') if extending over an area accessible by pedestrians.

5.9

No sign shall obscure or obstruct vision within 5 m (17'\ of the intersecting lot
lines where two road right of ways meet.

5.10 No sign shall obscure or obstruct vision along a road

right-of-way, obstruct
pedestrian or vehicle movement in a manner unacceptable to the Director.

/r/
/25

TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 7

6.0

DESIGN STANDARDS

Number of Signs
6.1

maximum of two permanent signs per business are permitted per business
frontage and in addition, the following signs:

a) One freestanding sign, as permitted by this bylaw per property

b)

c)
6.2

abutting

arterial Highway 16;

Sandwich board signs, as permitted by this bylaw;
Temporary signs, as permitted by this bylaw.

One additional sign is permitted per building face, other than on the business
frontage, which is occupied by the business.

Size
6.3

The size of each sign shall conform to the regulations of this bylaw for that
particular type of sign.

Lightinq
6.4

Only signs in commercial zones may be illuminated in accordance with this

Section.

6.5

Signs located in the C-1, C-14 & C-18 zones are permitted to be frontlit only

6.6

Signs located in all other commercial zones are permitted to be:

a
b

Frontlit or

Backlit provided that only individual letters or symbols or a halo

immediately surrounding individual letters or symbols illuminate with the
remaining sign face materials or fabrics opaque as to not allow light to
pass through. This includes backlit channel letters.

BACKLIT LETTERING

HAT,@ LETTERING

6.7

Lighting must be limited to the sign surface only

6.8

Notwithstanding the provisions of this bylaw, neon tubing is only permitted for
incidental signs with the words "vacancy/no vacancy" and "open/closed".

b/a;
TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page

aterials & Letterin

6.9

Signs, sign borders or supportive framework/bracing for all permanent signs

located in the Downtown and Highway 16 Form & Character Development Permit
Area, as designated by the Official Community Plan, must incorporate one or
more of the following:

a)
b)

Materials of wood, metal, rock or glass; or

Lettering that is either raised or recessed.

6.10

Section 6.9 does not apply to sandwich board signs

7.0

SIGN SPECIFIC REQULATIONS . SIGN PERMIT REQUIRED

7.1

The types of signs in this section are authorized in accordance with sign-specific
regulations provided that a valid sign permit has been obtained from the Town.

Balloon Sisns

7.2

Temporary balloon signs are permitted only in commercial zones, subject to the
following regulations:

a)
b)

Installed for a maximum of 50 days per calendar year;

Securely fastened to prevent excessive movement.

Banner Siqns
7.3

Temporary banner signs are permitted only in commercial, industrial and public
use zones, subject to the following regulations:
a)
b)
c)

These whieh exeeed 1,5 m2 (1$ft2) in area shall be installed fer

lnstalled for a maximum of 100 days per calendar year;
Maximum area of 10 m' (107 ft.');
Attached to its support in such a way as to prevent flapping.

Canopy Signs

7.4

Canopy signs are permitted in all zones, subject to the following regulations:

a)

Not extend above the top or below the underside of the canopy
na
"^rt

c)

4r m
e #rr,/ \ af
lrrrilzJinn
rrr Ie
vr vsrrvrrrv
\vv

a[aaa'
rf vrrrqvv,

Maximum area of 0.3 m2 perlm(1 ft' per foot) of building frontage.

May project over a road right-of-way only in accordance with Section 9 of
this bylaw.

TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 9

Fascia Siqns

7.5

Fascia signs are permitted in all zones, subject to the following regulations

b)
c)

Maximum area of 0.3 m2 per 1 m (1ft2 per foot) of building frontage.

Not extend above the top of the roof line or beyond the side of a building.
May encroach over a road right-of-way only in accordance with Section 9
of this bylaw.

Freestandinq Siqns

7'6FreestandingSignsarepermittedinallzones,@subjectto
the following regulations:

a)
b)
c)

Maximum height of 5 m (16') and maximum area of 10 m2 (107 ft2).

Freestanding signs located along the Highway 16 corridor outside of the
Downtown boundary, as defined by the Official Community Plan, shall not
exceed a height of 7 m (23') and an area of 10 m' (107 ft').
Spaced a distance of 50 m (164') from any other freestanding sign on the
same site which has an area greater than 3 m'(32ft').
Attached to a permanent base and be served by underground wiring.

Hanqing Siqns

7.7

Hanging Signs are permitted in all zones, subject to the following regulations
a)
b)
c)
d)

Not extend horizontallv eyond the limits of the canopy or awning;

Maximum area of 0.6 m' (6.5 ft.');
Maxmum one sign per building entrance.
May hang over a road right-of-way only in accordance with Section 9 of
this bylaw.

Proiectin q Sisns

7.8

Projecting Signs are permitted in all zones, subject to the following regulations:
a
b
c)
d)
e)
f)

Project a maximum of 2 m (6.6') from the building to which it is attached.

Extend a maximum of 0.6 m (2') above the roof line of the building to
which it is attached;
Minimum vertical clarance of 2.4 m (8') above grade;
Not project within 0.6 m (2') horizontally from a curb line.
Maximum of one sign per buil9ing entrance;
Maximum area of 3 m' (32ft.');

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TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 10

s)

May project over a road right-of-way only in accordance with Section 9 of

this bylaw.

Sandwch Board Sions

7.9

Sandwich Board Signs are permitted in commercial, industrial and public use
zones, subject to the following regulations:

a)
b)
c)
7.10

Sandwich Board Signs in the C-1, C-14

pedestrian road right-of-way provided that:

a)
b)
c)
d)
8.0
8.1

Shall be stable;
Maximum of two signs per business, per site;
Maximum size of 0.6 m (2') horizontal by '1.2 m (4') vertical.

& C-18 zones are permitted on a

Highway License of Occupation Agreement has been entered nto with the
Town in accordance with Section g of this'byiw;
Displayed only during operating hours of the business or activity to which
the sign pertains;
Maximum one sign is placed along the frontage of the business or activity
to which the sign pertains and there is a minimum 1.5 m clear unimpeded
pedestrian access width maintained;
Maximum size of 0.6 m (2') horizontal by 1.2 m (4') vertical and shall be
stable.

SIGN SPECIFIC REQULATIONS - SIGN PERMIT NOT REQUIRED

The types of signs descrbed in this section are authorized in accordance with the
sign.specific regulations without need for a valid sign permit from the Town.

Constructon Siqns

8.2

Construction signs are permitted in all zones, subject to the following regulations:

a)
b)
c)

Located only on the property where construction has started and where a
valid Building Permit has been issued;
Removed within 15 days after completion of construction on the property;
Maximum 5 m' (54ft.') area and a maximum height of 10 m (33').

Communitv Event Sisns

8.3

Community Event Signs are permitted in

following regulations:

a)

Maximum area of

I m2 186 ft.2;

a road right-of-way, subject to

the

/
TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page

b)

c)

11

lnstalled a maximum of 30 days and removed upon event completion;

Highway License of Occupation Agreement has been entered into with the
Town for signs over 1.5 m' (16 ft') in area in accordance with Section 9 of
this bylaw;

Residential Sisns

8.4

Residential signs are permitted in all residential and agricltural zones, subject to
the following regulations:

a)
b)
c)
d)

Maximum one sign is permitted per site.

ln the R-1, R-2 & R-24 zones the maximum area is 1 m2 (11 ft.2) and the
maximum height is 2 m (6.5').
ln the R-3, R-4 and R-5 zones the maximum area is 2 m2 (22ft.1and the
maximum height is 3 m (10').
ln the A-1, R-6 and R-7 zones the maximum. area is 4 m2 (43 ft.2) and the
maximum height is 5 m (16').
,

Real Estate Sions

8.5

Real Estate Signs are permitted in all zones, subject to the following regulations
a)

b)
c)

Located gnly upon the site referred to on the sign or on a road right of way
immediately adjacent to the site in accordance with Section 9 of this
bylaw;
Maxmum area of 5 m2 154 ft.2) and a maximum height of 5 m (16').
Signs are permitted in a road right-of-way advertising an open house on
the day of the open house to maximum of 6 signs, each being no greater
than 1 m', per open house.

Politieal Sisns

8.6

Political signs are permitted on road right-of-ways only during Federal, Provincial

or Municipal election or referendum periods in accordance with Provincial or

Federal legislations, Subject to the following regulations:
a)
b)
c)

d)

Not be located on freehold land owned by the Town or in flower beds and
formal landscaped areas;
Be removed within 7 days after the election day;
Signs on road right-of-ways exceeding 1.5 m2 116 ft.2 in area require a
License of Occupation Agreement with the Town in accordance with
Section 9 of this bylaw;
Signs are deemed to be the property of and to have been erected, placed,
installed, displayed or maintained by the Person or Persons whose name
or names are displayed thereon.

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TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 12

9.0

SIGNS ON OR OVER A ROAD RIGHT.OF.WAY

9.1

The owner of a sign permitted by this bylaw to project or hang over a road rightof-way, including a pedestrian sidewalk, must first submit to the Director the
following for approval:

9.2

a)

Drawings showing a minimum vertical clearance of 2.4 m (8') above grade

and maximum horizontal projection of 0.6 m (2) from a curb line.

b)

Enter into an Encroachment Agreement with the Town;

c)

Provide a Certificate of Insurance in tht includes the Town of Smithers as

"Addtional lnsured" that indemnifies'the Town against any and all forms of
liabilty to a minimum of $2,000,000.

The owner of a sign permitted by this bylaw to e located on a road right-of-way,

including Town owned property, must first stlbmit to the Director the following for
approval:

a)

Enter into a Highway License of Occupation Agreement for any sign 1.5m2
or larger and,Sandwich Board Signs;
,;,,, ., .

b)

:''

Provide a Certificate of Insurance that includes the Town of Smithers as

"Additional lnsured" that indemnifies the Town against any and all forms of
liablity to a minmum of $2,000,000.

9.3

Each policy of insurane must be maintained by the owner of the sign so long as
the sign remains on or over the road right-of-way or on Town owned property.

9.4

Ensure the maintenance and use of the sign is in compliance with the terms of
thg sign permit and this bylaw.

1O.O SIGN PERMITS

10.1 Except where expressly authorized or exempt under this bylaw, no person may
erect, place,'construct, relocate, or alter a sign without first obtaining a sign
permit for that sign.

10.2 No Sign Permit shall be issued for an existing

or proposed sign that is contrary to

this bylaw.

10.3

Where a Form and Character Development Permit or a Development Variance

Permit is issued which approves a sign, a Sign Permit is not required.

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TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 13

Application

10.4

A Sign Permit Application shall include

a)

A completed sign permit application;

b)

Drawing(s) to scale for each sign, giving all dimensions, supporting

structure, height above finished grade, colour scheme, materials, copy
and details of any lighting and surrounding framework;

c)

Drawing(s) or photograph(s) showing the proposed position of the sign on

the building together with any existing signs;

d)

Site plan showing sign placement, including the setbacks to existing signs,
buildings and property boundaries;

e)

Additional information, as required to determine compliance.

f)

Supporting documents for any sign located on a road right-of-way, as

required in Section 10 of this bylaw.

g)

Applicable fee set out in Section 10.5 of this bylaw

Permit Fees

10.5

Sign permit fee per sign

FEE PER SIGN

SIGN TYPE
Balloon Sgn, Banner Sign, Canopy Sign,
Fascia Sign, Hanging Sign
Freestanding Sign, Projecting Sign

Sandwich Board Sign

Town of Smithers Tree Sign

II.O

$25.00
$50.00
$150.00

ENFORCEMENT

General Authoritv for Orders

11.1 lf the Director

determines that an owner or occupier of property has not complied

with any provision of this bylaw, or a sign permit issued under this bylaw, the
Director may, by notice in writing, make an order directing the person to do any of
the following:

a)

Bring the sign and the property into compliance;

/er
TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 14

b)

Discontinue and refrain from proceeding with any work that has been
commenced or is in progress;

c)

Repair, alter or remove a sign; and may specify in the order a date by
which the person must remedy the noncompliance.

Dutv to Complv

11.2

No person shall fail to comply with any order issued by the Director or by
resolution of Council under this bylaw.

Deliverv

11.3

An order shall be sufficiently delivered

if:

a)

lt has been left with the person to whom it is directed;

b)

Mailed by registered mail to the owner at their address as it appears on

the records of the Assessment Authority of British Columbia;

c)

lf it has been mailed to or left with a person who appears to be carrying on

business within the premises;

d)

ln the case of a corporation, if it has been mailed to the address registered

as its records office; or

e)

A copy of the order has been posted at the affected premises

Maintenance

11.4

All signs and their supporting structures shall be continuously maintained so that
they are structurally sound and free from all hazards.

11.5 Sign area, background, lighting and embellishments must be

continuously
maintained so that the sign does not exhibit wear, neglect or damage.

Offences

11.6 Any of the following shall be considered an offence, and each day the volation
caused or allowed to continue shall constitute a separate offence, and

is
is

punishable according to the Offence Act.

a)

To install, create, erect, construct, place, structurally alter, relocate,

rebuild, enlarge, or maintain any sign requiring a Building Permit, without
first obtaining a Building Permit, as required.

TOWN OF SMTHERS
DRAFT SIGN BYLAW NO. 1789

Page 15

b)

To install, create, erect, construct, place, structurally alter, relocate,

rebuild, enlarge, or maintain any sign in a way that is inconsistent with a
Sign Permit, Form and Character Development Permit or Development
Variance Permit.

c)

To install, create, erect, construct, place, structurally alter, relocate,

rebuild, enlarge, or,maintain any sign contrary to, or inconsistent with, any
provision of this bylaw.

d)

To fail to remove or correct any sign that is installed, created, erected,

constructed, placed, altered, enlarged,' or maintained contrary to,
inconsistent with, or prohibited by, any provision of this bylaw, or other
Town bylaw when ordered to do so by the Director.

Penalty

11.7 Each offence, upon summary conviction, shall be liable to a penalty up to

$5,000.00 and not less than'.,$1Q0.00, plus the cost of prosecution, for each
offence

11.8 The Director

is authorized to enter onto any property at any reasonable time, to

ascertain whether the requirements of this bylaw are being met.

11.9

The Director may order, in writing, the correction or removal of any work, which is
in contravehtion of this /aw

Removal of signs
11.10 Any signs erected or placed on a road right of way, or other Town owned
poperty, not constructed or placed in strict compliance with the requirements of
this bylaw, shall be forfeited to the Town and subject to confiscation. ln addition
to oJher remedies hereunder, the Town shall have the right to recover from the
owner or Person plaing the sign the full costs of removal and disposal of that
sgn.

11.11 Where any sign is:

a)
b)
c)
d)

Prohibited;
Located in any manner contrary to this bylaw;
ln immediate danger of falling; or
An immediate hazard to the safety of persons or property

The Director may undertake any works or actions necessary, including the
removal of the sign, to enforce this bylaw or to protect the safety of persons or

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TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 16

property. ln addition to other remedies hereunder, the Director shall have the
right to recover from the owner or person placing the sign the full costs of its
actions or works, or the removal and disposal of that sign.
Reclaiminq a siqn
11.12 An owner of the property or the sign seeking to reclaim a sign that has been
removed by the Town pursuant to this bylaw must submit a request in writing to
the Director, within 14 days of the date of removal, transportation or storage of
the sign. Before reclaiming such sign, the owner must pay for the cost of
removal, transportation and storage. lf the sign is not reclaimed within 30 days,
the Director may order such sign destroyed or disposed of in any manner he or
she deems appropriate and any and all costs incurred by the Town for removal,
transportation, storage and disposal of the sign may be recovered as a debt from
the owner.
Collection of Debt for Taxes

11.13 Where the Director has undertaken the repair, alteration, removal, transportation,
storage or disposal of a sign, or any combination of these, as a result of a person
failing to comply with an order of the Director or a resolution of Council, any debt
owing for costs incurred by the Town that has not been paid by December 31't
may be collected in the same manner as for property taxes in arrears.
Reconsideration of an Order
11.14 A person who has received an order issued by the Director under this bylaw may
seek reconsideration by Council by notifying the Town's Corporate Officer within
2 business days of receiving the notice. The matter may be heard, in person or
through written representations, at the next or subsequent regular meeting of
Council, or sooner as may be arranged between the person and the Corporate
Officer. After the person has had an opportunity to be heard, Council may
confirm, vary, modify or cancel the decision of the Director, and may impose any
terms, conditions, restrictions or requirements in relation to the matter that are
effective as an order under this Bylaw from the date the resolution is made.

'

READ A FIRST TIME THIS

DAY OF

2016

READ A SECOND TIME THIS

DAY OF

2016

READ A THIRD TIME THIS

DAY OF

2016

ADOPTED THIS

DAY OF

2016

TOWN OF SMITHERS
DRAFT SIGN BYLAW NO. 1789

Page 17

Taylor Bachrach
Mayor

Anne Yanciw
Corporate Administrator (CAO)

CERTIFIED A TRUE & CORRECT COPY

of Bylaw No. 1789 cited as
"Bylaw No. 1789 - Sign Bylaw"

Anne Yanciw
Corporate Adm inistrator (CAO)
AW
n:\devslopment ssrvicss\development 201s\othsr reports\sign bylaw reviewvepons to council\drafr sign bylaw - march 22 uncil 2016.doc

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