CITY OF KIMBERLEY SIGN BYLAW NO. 2430, 2011

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1 CITY OF KIMBERLEY SIGN BYLAW NO. 2430, 2011

2 Table of Contents Page SECTION 1 2 TITLE SECTION 2 2 INTERPRETATION SECTION 3 6 ADMINISTRATION SECTION 4 7 APPLICATION AND EXEMPTION OF SIGN BYLAW SECTION 5 7 PERMITS SECTION 6 11 PERMITTED SIGNS SECTION 7 19 COMPREHENSIVE SIGN PLANS SECTION 8 19 PROHIBITED SIGNS SECTION 9 20 MAINTENANCE OF SIGNS SECTION ORDERS, COST RECOVERY AND ENFORCEMENT SECTION SCHEDULES & REPEAL

3 Sign Bylaw No. 2430, CITY OF KIMBERLEY SIGN BYLAW NO. 2430, 2011 A bylaw to regulate the number, size, type, form appearance and location of signs within the City The Council of the City of Kimberley enacts the following: SECTION 1 TITLE 1.1 This Bylaw may be cited as Sign Bylaw No. 2430, Definitions SECTION 2 INTERPRETATION 2.1 In this Bylaw: ANIMATED SIGN means a sign that depicts action through a change of lighting or other effect. AREA in relation to a sign, means the total surface area of a sign, exclusive of framework and supporting structure and, in the case of a double-faced sign, means the area of one face only. AWNING means a fabric canopy, cover or panel projecting from a building that is intended to provide shade, shelter or highlight the building entrance. AWNING SIGN means a sign which is painted on, attached to, or constructed in or on the surface of an awning. BACK-LIT SIGN means a sign illuminated from an internal source. BANNER SIGN means a sign composed of lightweight material, including nylon, vinyl, cloth, canvas or similar fabric. BILLBOARD is a sign used or intended to be used for the purpose of advertising or calling attention to any person, matter, thing, event or property that is not directly related to the parcel on which it is located. BUILDING DIRECTORY SIGN means a sign structure upon which two or more identification signs are installed for establishments located on the same site as the sign structure.

4 Sign Bylaw No. 2430, CANOPY means any permanently fixed structure other than an awning which projects from the face of a building for the purpose of affording shelter from the weather and which is supported solely from the building. CANOPY SIGN means a sign which is connected to or forming a part of a canopy; CITY means the City of Kimberley. CLEARANCE means the vertical distance from grade to the bottom of the sign. COMPREHENSIVE SIGN PLAN means a plan combining drawings and text showing the number, design, appearance, location and elevation of all existing and proposed signs on a parcel. CONTINUOUS SIGN BAND means a grouping of signs forming a ribbon or strip of signs on a building; or, means any combination of sections, materials, colours or graphics arranged in a manner around a sign that frames the sign or creates a visual impression of a ribbon or band connected to the sign. COPY means the letters, characters, numbers, logo, or graphics that make up a message on a sign, but does not include background colour. COUNCIL means the municipal council of the City; DIRECTIONAL SIGN means a permanent sign designed to direct pedestrian and vehicular traffic to hospitals, schools, parks, or other public services or amenities. DISPLAY BOX means a fascia, freestanding, or window sign designed to display current restaurant menus, real estate listings, and entertainment events. FASCIA SIGN means a sign mounted, displayed, or painted parallel to the face of a building (including any canopies) on which it is located. FLASHING SIGN means a sign that uses one or more flashing lights to attract attention. FREESTANDING SIGN means a sign that is not connected in any way to a building and is selfsupporting. FRONTAGE means the boundary or length thereof, of any premises that abuts, faces, or projects upon a street. FRONT-LIT SIGN means a sign illuminated from an external electrical source. GRADE means the average finished ground level or street surface directly underneath a sign.

5 Sign Bylaw No. 2430, HALO-LIT SIGN means a sign comprised of individually mounted opaque raised letters or symbols incorporating rear lighting so the light source is not directly visible. HANGING SIGN means a sign suspended under a canopy, awning, or other similar feature and perpendicular to the building face. HEIGHT as applied to a sign, means the vertical distance from grade to the top of the sign. HOME BASED BUSINESS SIGN means a freestanding or fascia sign for the purpose of identifying a home based business. IDENTIFICATION SIGN means a sign which contains only the name, address or number of any premise. LOGO means a symbolic representation that does not include any words, names, or numbers unless part of a registered trademark, which is used exclusively to simplify advertising of a product, business, service, or activity and which contains no additional identification, information or message. MAST MOUNTED SIGN means a freestanding sign attached or mounted on a single pole or mast. MOVING SIGN means a sign that rotates or revolves around an axis in whole or in part or that otherwise includes visible moving elements. MURAL means an artistic application that is painted or sculpted onto building walls or floors, generally on the side, for which the primary purpose is artistic rather than advertisement; NEW DEVELOPMENT WAYFINDING SIGNAGE means signs which direct vehicular and pedestrian traffic to new developments and neighbourhoods, which typically involve new roads and servicing. OPAQUE means a material that will not allow light to pass through. PARCEL means any lot, block, strata lot or other area in which land is held or into which it is subdivided, but does not include a highway. PLATZL AREA A mixed use commercial and residential pedestrian area in downtown with the zoning designation CP-1, Commercial Platzl, as set out in City of Kimberley Zoning Bylaw 1850, 1994, as amended or substituted from time to time.

6 Sign Bylaw No. 2430, PORTABLE SIGN means a sign which is self-supporting, easily moved, and not permanently attached to the ground, a building, or a vehicle. PROFESSIONAL ENGINEER means a person who is registered as a professional engineer in the Province of British Columbia. PROJECTING SIGN means a sign attached to a building perpendicular to the building face and in such a manner that its leading edge extends more than 0.3m from the surface of the building to which it is attached, and excludes awning, canopy and hanging signs. RESIDENTIAL AREA means an area with a zoning designation in a bylaw of the City for any kind of residential use. ROOF SIGN means a sign erected above the roofline of a building. SANDWICH BOARD SIGN means a double-faced sign that is not connected in any way to a building and is self-supporting. SIGN means any identification, description, illustration or device, which is visible from any street and which directs attention to a product, place, activity, person, institution or business. SIGNAGE OFFICER means a person appointed by Council to administer this Bylaw, and any person designated to act in his or her place. STREET means and includes streets, roads, lanes, sidewalks, public squares, public places, pedestrian malls, boulevards, the Platzl parking lot, and right-of-ways open to the public. TEMPORARY means less than 28 days. TEMPORARY ADVERTISING SIGN means a sign for the purpose of advertising a new business or a change of business name or location while approved permanent signs are being constructed. THIRD-PARTY ADVERTISING means sign content which directs its attention to products sold or services provided which are not principal products sold or services provided on the premises at which the sign is located. VERTICAL CLEARANCE means the distance measured from grade to the bottom of a sign or other structure.

7 Sign Bylaw No. 2430, WINDOW DECAL means lettering or graphics no larger than 150 mm, that is adhered to window surfaces which generally directs attention to products or services provided on the premises. WINDOW SIGN means a sign within a building affixed on or located within 600 mm of the inside of a window in view of the general public. 2.2 Where in this Bylaw a reference is made to a type of premises or use thereof, the premises shall, unless otherwise inferred from the context or defined in this Section, have the meaning assigned by the zoning bylaw applicable to the subject property. 2.3 A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia unless otherwise indicated, and a reference to any statute, regulation, code or bylaw refers to that enactment as it may be amended or replaced from time to time. Words in the singular include the plural and gender specific terms include both genders and include corporations. Headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of this Bylaw. If any section, subsection, clause, phrase or word of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction, the invalid section, subsection, clause, phrase or word shall be severed, and the severance shall not affect the validity of the remainder. SECTION 3 ADMINISTRATION 3.1 The Signage Officer may, in accordance with this Bylaw: (a) receive applications for permits and approvals; (b) issue permits and grant approvals; (c) impose any conditions and restrictions that he or she deems appropriate in particular circumstances; and (d) for reasonable cause, i. refuse to issue a permit or grant an approval; and ii. suspend, revoke or cancel a permit or approval. 3.2 The Signage Officer, or an officer or employee of the City acting under the direction of the Signage Officer, may enter any property or premises at all

8 Sign Bylaw No. 2430, reasonable hours in order to inspect any sign installation located therein; and otherwise to ascertain whether the provisions of this Bylaw have been complied with. SECTION 4 APPLICATION AND EXEMPTION OF SIGN BYLAW 4.1 Subject to Section 4.2, this Bylaw applies to any and all signs on private property and any signs placed or encroaching on a street, a park or other public place. 4.2 This Bylaw does not apply to: (a) signs located inside a building that are not visible from any street or any site other than the one in which it is located; (b) signs on or over City streets erected or authorized by the Manager, Operations and Environment Services for the control of traffic and parking, for street names, or for directions; (c) street decorations authorized by the City s Manager of Operations and Environment Services; (d) public notices authorized by City Bylaws or Provincial or Federal legislation; or (e) signs authorized by the City s Manager of Operations and Environment Services in connection with community events. Sign Permit Application SECTION 5 PERMITS 5.1 Subject to Section 5.2, before constructing, placing, erecting, displaying, painting, altering, repairing, or relocating a sign, a person must first obtain a sign permit for that sign by making application in writing to the Signage Officer, in a form approved by the Signage Officer, together with the applicable fee prescribed in Schedule A. 5.2 Every applicant for a sign permit must provide, as part of the application, the following information: (a) the name and address of the property owner, the owner and manufacturer of the proposed sign;

9 Sign Bylaw No. 2430, (b) and of any person contracted to install, maintain, replace or repair it; (c) a detailed plan or drawing of the proposed sign; (d) sufficient information to identify the site and any improvements thereon, including the location, type, and size of all existing signs; (e) if the sign is to be illuminated, a plan showing details of the method and type of wiring and how it will be attached to a building or structure; and (f) any other information requested by the Signage Officer as being relevant to the application. 5.3 Every applicant whose proposed sign would be located within 4.57 metres of a provincial highway or right-of-way must provide evidence of approval from the Ministry of Transportation and Infrastructure with their application. 5.4 Where there is concern for the structural integrity of a proposed sign, the Signage Officer may require that, as a condition of the issuance of any permit, all drawings and specifications, or any part thereof, be prepared and sealed by a professional engineer, and that the construction be carried out under the supervision of a professional engineer. The Signage Officer may, as a condition of issuing a permit, require the applicant to provide a letter, signed by the professional engineer, undertaking to supervise the work authorized by such permit or any part thereof, as specified by the Signage Officer, until it is completed. 5.5 The Applicant shall supply the Signage Officer with evidence of approval by an electrical inspector prior to connecting any sign to its supply wires. Exemptions from Permit Requirements 5.6 A permit is not required for the following: (a) a sign owned or leased by the City for municipal purposes; (b) repainting and normal maintenance of a sign; (c) a sign located in a parking area provided that: (i) the sign copy contains parking information only with no third-party advertising;

10 Sign Bylaw No. 2430, (ii) the location does not, in the opinion of the Signage Officer, obstruct the visibility of pedestrians or vehicles or otherwise create a safety hazard ; and (iii) the maximum sign area is 0.4 square metres. (d) in relation to a permitted construction project, for the duration of the construction period, the placing or display of one sign, no larger than 3 square metres in area, for each parcel frontage for the purpose of identifying the architects, engineers and contractors involved in the project, which sign may be attached to a fence or hoarding; (e) in relation to the financing for a permitted construction project, for the duration of the construction period, the placing or display of one sign, no larger than 3 square metres in area, for each parcel frontage, which sign may be attached to a fence or hoarding; (f) a real estate sign advertising a property for sale, for rent or for lease subject to the following restrictions and conditions: (i) only one sign, not exceeding 0.6 square metres in area, may be placed on any parcel; (ii) where more than one parcel is offered for sale or lease at one time, a single sign of up to 3 square metres in area may be used to advertise for the sale, rent or lease of those parcels, provided that no other real estate signs are placed on any of those parcels or on the common property of a strata corporation; (iii) the maximum height of the sign is 3 metres; and (iv) the sign is removed not later than two weeks after the sale, rental or lease of the parcel or after the relevant parcel is otherwise taken off the market. (g) a free-standing sign for a municipal or government election, or a health, safety, social or political campaign, event or purpose, not exceeding 3.0 square metres in area, provided that it is installed on or after the official announcement date of a campaign and is removed within 7 days after the conclusion of the campaign or event, or after it has been erected otherwise for an expressive or informational purpose; (h) a non-advertising commemoration plaque or cornerstone to a maximum of 0.6 square metres;

11 Sign Bylaw No. 2430, (i) one identification sign on a parcel or premises, provided that the sign is not larger than 0.4 square metres and is constructed from materials permitted under this Bylaw; (j) a flag, emblem or insignia of political or religious organizations, not larger than 1.5 square metres, that is displayed for a non-commercial purpose; (k) a professionally prepared temporary paper or cardboard poster or placard advertising a sale or event on the premises and comprising the lesser of 1.0 square metre or 15 percent of the total window area; (l) stained glass windows or windows with temporary painted artwork, provided that they include no lettering or advertising message; (m)decorative motifs around window perimeters, provided that they include no lettering or advertising message; (n) window decals comprising the lesser of 5 percent of the total window area or 0.5 square metres. Permit Issuance 5.7 The Signage Officer may issue a sign permit when: (a) a person who intends to construct, place, erect, display, paint, alter, repair, or relocate a sign, has submitted a complete application in writing to the Signage Officer, in a form approved by the Signage Officer, together with the requisite fee prescribed in Schedule A; or (b) the applicant has obtained a Development Variance Permit which expressly allows for any variation from this Bylaw in relation to the proposed sign. Development Variance Permit 5.8 When a proposed sign does not conform to the provisions of this Bylaw, the applicant for a sign permit may apply for a development variance permit to vary the regulations of this Bylaw. 5.9 If a development variance permit is granted, the applicant must not place, install or otherwise display the sign without first applying for and being issued a sign permit by the Signage Officer.

12 Sign Bylaw No. 2430, Validity and Revocation 5.10 A sign permit is valid: (a) for a period not exceeding six (6) months from the date of its issuance, at which time if the sign is not installed as per the plans approved by the permit, the permit will automatically lapse and a new application, including fee, will be required; (b) for the sign structure described in the permit only; (c) while in compliance with this and other applicable bylaws of the City The Signage Officer may refuse, suspend, revoke or cancel a permit in the following circumstances: (a) where there is a violation of any provision of this Bylaw; (b) where there is a violation of any condition under which the permit was issued; (c) if satisfied that such permit was issued by reason of incorrect, false or misleading information furnished by the applicant; or (d) if the permit was issued in error. SECTION 6 PERMITTED SIGNS 6.1 The following areas are established for the purpose of determining the type and size of business signs permitted under this Bylaw: (a) Platzl Area; (b) Zero and Reduced Setback Area - All frontages, other than within the Platzl area, with buildings or signs setback between zero and less than 6 metres from property line; and (c) Setback Area- All frontages, other than within the Platzl area, with buildings or signs setback equal to or greater than 6 metres from the property line.

13 Sign Bylaw No. 2430, Permitted Type and Number of Signs 6.2 A person must not place, install or modify a sign in relation to a business operation except in accordance with this Section and the applicable provisions of Sections 6.3 through 6.11: (a) where a business premises with frontage is located within the Platzl Area, the following signs only are permitted per frontage: (i) one awning or one canopy sign, (ii) one fascia sign, (iii) one hanging sign or one projecting sign; (iv) one window sign; and (v) one sandwich board sign. (b) where a business premises with frontage is located within any area of the City other than the Platzl area, the following signs only are permitted per frontage: (i) one awning, one canopy or one fascia sign; (ii) one freestanding sign; (iii) one hanging or one projecting sign; (iv) one window sign; and (v) one sandwich board sign. (c) Where a business is located in a premises without frontage, one fascia, one hanging, one projecting or one sandwich board sign may be permitted within the frontage of another business in the same building, provided that the total number, type and area of signs permitted for that frontage in paragraphs (a) and (b) are not exceeded. Sign Regulations 6.3 Signs must be consistent with the design guidelines set out in Schedule B. 6.4 The design and placement of a sign shall be carefully coordinated with both the architectural elements and other signs on the façade. 6.5 Signs shall complement and not obscure the architectural details of the building façade.

14 Sign Bylaw No. 2430, The following regulations apply to any awning or canopy sign: (a) Awning and Canopy Signs Location Max Projection Max Sign Area First 2.4 m beyond the Platzl Area Zero and Reduced Setback Area Storey face of the building 2.0 m 2 Setback Area 2.3 m m 2 (b) must have a minimum vertical clearance of 2.4 metres. 6.7 The following regulations apply to any fascia sign: Location First storey or Second storey as part of a comprehensive sign plan (a) Fascia Sign Max Max Sign Area Projection 0.3 m Platzl Area Zero and Reduced Setback Area Setback Area 2.0 m m m The following regulations apply to any free-standing sign: Location Minimum 0.3 m from any property line and no part shall encroach onto adjacent property or street and within a landscaped area at least twice as large as the area of the sign (a) Free-Standing Sign Max Max Sign Dimensions Projection N/A Platzl Area Zero and Reduced Setback Area Setback Area Sign Area Sign Area m 2 Sign Area m 2 Structure Area m 2 Structure m 2 Structure Height Structure Area Area m 4.0 m 2 m 2 Structure Structure Height 3.6 m Height 2.0 m (b) Double-sided free-standing signs are permitted. (c) A mast mounted free-standing sign must not exceed a maximum vertical dimension of 1.5 m and a maximum sign area of 1 m 2.

15 Sign Bylaw No. 2430, The following regulations apply to any hanging sign: Location First Storey Max Projection Must not extend beyond edge of canopy. (a) Hanging Sign Max Sign Area Platzl Area Zero and Reduced Setback Area Setback Area 0.6 m m m 2 (b) must have a minimum vertical clearance of 2.4 metres 6.10 The following regulations apply to any projecting sign: Location First storey or Second storey as part of a comprehensive sign plan Max Projection 2.4 m beyond the face of the building (a) Projecting Sign Max Sign Area Platzl Zero and Reduced Setback Area Area Setback Area 1.0 m m m 2 (b) must have a minimum vertical clearance of 2.4 metres 6.11 The following restrictions regulations apply to any sandwich board sign: Location Within first 30% of sidewalk width in from the back of the curb (a) Sandwich Board Sign Max Max Sign Area Projection N/A Platzl Area Zero and Reduced Setback Area Setback Area 1.0 m m m 2

16 Sign Bylaw No. 2430, The following regulations apply to any window sign: (a) Window Sign Location Max Projection Max Sign Area N/A N/A Platzl Area Zero and Reduced Setback Area 15% of 20% of window window area area Setback Area 25% of window area 6.13 The following regulations apply to any building directory signs: Location May be freestanding or fascia signs (except fascia only permitted in Platzl Area)and only permitted as part of a comprehensive sign plan Max Projection 0.3m for fascia signs Building Directory Max Sign Area Platzl Area 0.2 m 2 per business to a maximum of 2.0 m 2 per directory Zero and Reduced Setback Area 0.2 m 2 per business to a maximum of 2.3 m 2 per directory Setback Area 0.3 m 2 per business to a maximum of 2.6 m 2 per directory Home Based Business Sign 6.14 The following regulations apply to Home Based Business Signs: (a) not more than one sign may be displayed per parcel; (b) the sign must be either fascia or free-standing; (c) the sign must not exceed a maximum area of 0.75 square metres; (d) a fascia sign must not exceed a maximum height of 2.4 metres; and (e) a freestanding sign must not exceed a maximum height of 1.5 metres.

17 Sign Bylaw No. 2430, Display Boxes 6.15 In addition to other approved signs, display boxes are permitted for the purpose of showing current restaurant menus, real estate listings or entertainment events, provided that: (a) the display box must be part of a comprehensive sign plan; (b) not more than one display box is permitted in relation to a principal entrance to a building or restaurant frontage; (c) the display box must be a fascia, freestanding or window sign; (d) the display box must be located within 3.0 metres of the principal entrance of the business frontage to which it relates; (e) the display box must not exceed: (i) a maximum area of 1.0 square metre or 15 percent of the window area in the case of a window sign, whichever is less; (ii) a maximum height of 2.0 metres; (iii) a maximum depth of 200 millimetres; and (f) If the property owner has entered into an agreement with the City that allows for an outdoor sidewalk café, a seasonal display box may be attached to a perimeter fence, as long as the agreement is in effect and the sign: (i) is attached securely to the fence, (ii) is mounted in a position parallel to the business frontage, and (iii) does not exceed: Temporary Advertising Sign A. a maximum height of 1.0 metres; or B. a maximum area of 0.6 square metres A temporary advertising sign is permitted to identify a new business, or a change of business name or location, while permanent signs are being constructed, provided that: (a) the sign must be permitted in conjunction with an approved sign permit for a permanent sign; (b) no more than one sign may be placed for each business frontage; (c) the sign must not exceed a maximum area of 2.0 square metres; and

18 Sign Bylaw No. 2430, (d) the sign must not be displayed for longer than 28 days and must be removed immediately upon installation of the permanent signage. Sign in Conjunction with a Mural 6.17 Any sign in conjunction with a mural shall only be permitted in a development permit area in conjunction with a comprehensive sign plan, and must: (a) display no more than a corporate logo or similar product or service identifier, the name of the building, the street address, and the date of erection; (b) not exceed a maximum area of 10 percent of the mural area or 3.25 square metres, whichever is less; (c) form an integral part of the design of the mural or be closely allied therewith; (d) be installed at the same time as the mural, by the same methods, and with the same type and quality of materials as used in the mural; (e) be removed when the mural is removed; and (f) in conjunction with the mural, not exceed a maximum height of 7.6 metres. New Development Wayfinding Signage 6.18 Despite Section 4.2(b), wayfinding signs for new developments may be considered and permitted under a comprehensive sign plan. The following regulations apply to new development wayfinding signs: (a) the sign plan may contain a maximum of 4 directional signs leading to a development site plus one freestanding identification sign located at a development entrance. (b) the location, design and size of community wayfinding signage must not interfere with the movement of or obscure the visibility of pedestrian or vehicle traffic. (c) a directional sign must not exceed a size of 0.3 square metres. (d) a directional sign must not be displayed for more than three years from the date of the approved permit. (e) the maximum permitted size for a freestanding identification sign shall be at the discretion of the Signage Officer in consideration of the proposed sign design and the physical characteristics of the proposed location.

19 Sign Bylaw No. 2430, (f) an identification sign must include a landscaped area consistent with the adjacent development. Free-standing Signs in a Residential Area 6.19 The following shall apply to all free-standing signs in a residential area: (a) a sign may identify the name, street address, management and vacancies in relation to apartments, townhomes, bed and breakfasts, hostels, or pensions; and (b) a sign must not exceed: (i) (ii) (iii) a maximum area of 2.0 square metres; a maximum height of 2.5 metres; or a maximum area of 2.5 square metres, including all supporting structures and surrounding framework. Lighting 6.20 Permanent signs pursuant to this Bylaw must not incorporate front lighting, backlighting, or halo-lighting, except in accordance with the following: (a) Halo-lit or back-lit signs are restricted to displaying only the name of the building or principal business; (b) Back-lit and free-standing signs may only be installed or placed where the related business fronts onto a provincial highway; (c) Sandwich board signs must not be independently lit; (d) Front lighting must be limited to the sign face with the light source concealed from view to the greatest extent possible; (e) Light fixtures must be simple in form and integrated with the building façade; (f) Neon and other gas-filled tube lighting is prohibited, except when used as a window sign or for indirect illumination and in such a manner as to not be directly exposed to public view; (g) The illumination of any sign must not create a direct glare upon any surrounding parcel or street; (h) All wiring, conduits and lighting sources must be installed within the walls of a building, located underground, or otherwise concealed from view; and

20 Sign Bylaw No. 2430, SECTION 7 COMPREHENSIVE SIGN PLANS 7.1 Every owner must ensure that a comprehensive sign plan is submitted to the Signage Officer in relation to: (a) any proposed new building located in a designated development permit area; or (b) any façade improvement project in a development permit area for revitalization. 7.2 A person must not place a sign on a parcel until any required comprehensive sign plan has been approved by the Signage Officer. 7.3 The size location and number of signs must substantially conform to the standards set out in this Bylaw for each category of sign. 7.4 The comprehensive sign plan must substantially conform with the sign design guidelines set out in Schedule B. 7.5 The Signage Officer, in determining whether to approve a comprehensive sign plan, may consider consistency of the plan with the location, height and design of signs within the parcel and with signs on adjoining parcels. 7.6 The Signage Officer may refuse to approve a comprehensive sign plan until satisfied that it substantially conforms to this Bylaw, the sign design guidelines and other applicable enactments and is substantially consistent with the location, height and design of signs within the parcel and any signs on adjoining parcels. SECTION 8 PROHIBITED SIGNS 8.1 A person must not cause a sign to be installed, placed or otherwise displayed on any property except in accordance with this Bylaw. 8.2 Without limiting Section 8.1, the following signs are specifically prohibited: (a) animated signs; (b) back-lit vending machines located on the exterior of a building;

21 Sign Bylaw No. 2430, (c) balloons or other gas-filled inflatable devices; (d) billboards; (e) changeable copy signs; (f) flashing signs; (g) moving signs; (h) multi-sided signs; (i) neon and other gas-filled light tube signs except as permitted by this Bylaw; (j) portable signs; (k) roof signs; (l) continuous sign bands; (m)signs placed on or affixed to a parked vehicle or trailer; and (n) signs containing third party advertising. 8.3 A person must not post or exhibit placards, playbills, advertising signs, off-site signs, writings or pictures on walls, fences, electric power or telephone poles, street light standards or any other similar structures on or adjacent to a highway or public place, except on those structures provided by the City for that purpose. Duty to Maintain SECTION 9 MAINTENANCE OF SIGNS 9.1 Every owner and occupier of property on which a sign is placed must ensure that: (a) the sign is maintained in a safe condition and free from any defects at all times; (b) the sign is kept clean and neatly stained or painted, including all metal parts and supports; and

22 Sign Bylaw No. 2430, (c) any and all related landscaping required under this Bylaw is safely and effectively maintained. Unsafe, Defective or Unsightly Signs 9.2 If the Signage Officer determines that an owner or occupier of property has not complied with Section 9.1 or that a sign or required landscaping is otherwise unsafe, defective, or unsightly, the Signage Officer may make an order in writing directing the person to take steps to bring the sign and the property into compliance and a safe and acceptable condition. Without limitation, such an order may include the painting, repair, alteration or removal of any sign or portion thereof which becomes dilapidated or is abandoned, or which constitutes a physical hazard to public safety; the placing or maintenance of required landscaping, or any combination of measures for the purpose of compliance with Section 9.1, and may set a time period for compliance. Outdated Signs 9.3 Where a sign no longer correctly advertises a bona fide business, owner, occupier or product, or an activity associated with the related premises, the Signage Officer may, by written notice, order the owner, occupier, or an agent of the owner or occupier to remove or alter the sign within 30 days or such further period as the Signage Officer considers reasonable. Reconsideration of an Order 9.4 A person who has received an order issued by the Signage Officer under Section 9.2 or 9.3 may seek reconsideration by Council by notifying the City 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 Signage Officer, 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. Immediate Removal 9.5 If the Signage Officer considers that any sign is in imminent danger of falling or presents an imminent hazard to the safety of persons or property, the Signage Officer may notify the owner, occupier, or an agent of the owner or occupier of the premises as to the danger and may order the sign to be removed or repaired within 24 hours or a shorter period as the Signage Officer deems necessary.

23 Sign Bylaw No. 2430, General Authority for Orders SECTION 10 ORDERS, COST RECOVERY AND ENFORCEMENT 10.1 If the Signage Officer 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 Signage Officer 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; (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. Duty to Comply 10.2 No person shall fail to comply with any order issued by the Signage Officer or by resolution of Council under this Bylaw A person to whom an order has been delivered must: Delivery (a) advise the Signage Officer when corrections have been made; (b) arrange for a re-inspection, and (c) pay a fee for re-inspection as set out in Schedule A An order shall be sufficiently delivered if: (a) it 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) if it has been mailed to or left with a person who appears to be carrying on business within the premises;

24 Sign Bylaw No. 2430, (d) in 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. Remedial Work and Cost Recovery 10.5 If the person subject to an order or notice of the Signage Officer, or a resolution of Council, cannot be contacted after reasonable effort, or fails to comply within the time specified in the order, the Signage Officer may cause the sign to be altered, repaired, removed, transported, stored or disposed of by the City through its employees, or a servant or contractor, in which case any and all costs incurred by the City may be recovered as a debt from the owner or occupier. Reclaiming a Sign 10.6 An owner of the property or the sign seeking to reclaim a sign that has been removed by the City pursuant to this Bylaw must submit a request in writing to the Signage Officer, within 14 days of the date of a notice from the City as to the removal, transportation or storage of the sign. Before reclaiming such sign, the owner must pay for the cost of removal, transportation and storage. If the sign is not reclaimed within 30 days, the Signage Officer may order such sign destroyed or disposed of in any manner he or she deems appropriate and any and all costs incurred by the City for removal, transportation, storage and disposal of the sign may be recovered as a debt from the owner. Collection of Debt as for Taxes 10.7 Where the City 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 Signage Officer or a resolution of Council, any debt owing for costs incurred by the City that has not been paid by December 31 st may be collected in the same manner as for property taxes in arrears. Enforcement and Penalties 10.8 Every person who: (a) violates any provision of this Bylaw; (b) suffers or permits any act or thing to be done in contravention of or in violation of any of the provisions of this Bylaw; or

25 Sign Bylaw No. 2430, (c) neglects to do, or refrains from doing anything required to be done by any of the provisions of this Bylaw, commits an offence, and each day that a violation continues constitutes a separate offence Upon being convicted of an offence under this Bylaw, a person is liable: (a) to pay a fine of not less than $ and not more than $10, if proceedings are brought under the Offence Act; or (b) to pay the fine imposed for that offence in the City of Kimberley Ticket Information Utilization Bylaw No.1886, 1996 as amended or substituted from time to time. SECTION 11 SCHEDULES & REPEAL 11.1 Schedules A and B are attached to and form part of this Bylaw Sign Bylaw No. 2061, 2001 and all bylaws enacted in amendment thereto, are hereby repealed. Read a first time on the 12th day of September, Read a second time on the 12th day of September, Read a third time on the 11th day of October, Adopted on the 24th day of October, "J. E. OGILVIE" MAYOR "G. STRATTON" CHIEF CORPORATE ADMINISTRATION OFFICER

26 Sign Bylaw No. 2430, SCHEDULE A City of Kimberley Fees and Charges Permit Fee 1. All applicants for a sign permit must pay a fee of $30.00 for each sign authorized by the permit. 2. Notwithstanding 1, the fee for a sandwich board sign shall be $ Every person constructing, placing, erecting, displaying, painting, altering, repairing, or relocating a sign, without a sign permit and subsequently applies for a permit, must pay a fee of $60.00 for each sign authorized by the permit. 4. All applicants for a comprehensive sign plan shall pay a fee of $50.00 plus $10.00 per sign authorized by the comprehensive sign plan permit to a maximum of $ Permit Fee Refund 5. No sign permit application fee shall be refunded after the application has been approved or refused, but if the application has been withdrawn prior to any decision, 50% of the application fee may be refunded. Re-Inspection Fee 6. A person whose sign or property is re-inspected pursuant to Section 10.3 must pay a fee of $30.00 for each sign authorized by the permit.

27 Sign Bylaw No. 2430, SCHEDULE B City of Kimberley Sign Design Guidelines