THE CORPORATION OF THE CITY OF CRANBROOK

Transcription

1 THE CORPORATION OF THE CITY OF CRANBROOK BYLAW NO Sign Bylaw A bylaw to regulate Signs within the City of Cranbrook. WHEREAS the Local Government Act authorizes Council to regulate by bylaw, the number, size, type, form, appearance and location of any Signs and make different provisions for different zones; AND WHEREAS the Local Government Act authorizes Council, by bylaw to prevent, abate or prohibit nuisances or hazards and provide for the recovery of the cost of abatement of nuisances or hazards from the Person causing the nuisance or hazards or Persons described in the bylaw; NOW THEREFORE The Municipal Council of the City of Cranbrook in open meeting assembled, hereby enacts as follows: 1. TITLE PART 1 -INTERPRETATION AND DEFINITIONS THAT this bylaw may be cited as the "City of Cranbrook Sign Bylaw No. 3773, 2013". 2. INTERPRETATION 2.1 In this bylaw, words in the singular shall include the plural and gender specific terms include both genders and include corporations. SCHEDULE 2.2 Schedules "A" and "B" are attached to and form part of this bylaw. 3. DEFINITIONS 3.1 Where ordinary words are capitalized their meaning refers to the definition provided under section 3.2 of this bylaw. 3.2 In this bylaw, each of the following terms shall have the meaning ascribed to it below: ABANDONED SIGN ALTER ANIMA TED SIGN means a Sign that advertises an activity, product or service no longer conducted or available. means make or become different or change and includes an alteration to a Sign Face. means any Sign, except a Changeable Copy Sign or Electronic Changeable Copy Sign, which includes action, motion, flashing, or active colour changes of all or any part of the sign other than for date, time and temperature.

2 Page 2 of 31 BYLAW NO AWNING AWNING SIGN BACKGROUND ANIMATION BILLBOARD SIGN BUILDING FACE BUILDING FRONTAGE BUILDING OFFICIAL means a temporary shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework. means an identification Sign painted or affixed flat to the surface of an Awning which does not extend vertically or horizontally beyond the limits of such Awning. means the appearance of movement on a Sign that creates a special effect or scene set in the background of a Sign, but where the informational message portion displays static content in the foreground of the Sign. means an Off-Premises Sign that advertises goods, products, services or facilities or direct a Person to a different location than where the Sign is located. means that portion of any exterior elevation of a building extending from Grade to the eaves or the top of the Parapet wall and the entire width of the building elevation. means the linear length of a building directly facing a Street. means the Building Official of the City, as appointed by the Chief Administrative Officer, or any person authorized to act on his behalf. BYLAW OFFICER SERVICES means the Bylaw Services Officer of the City, as appointed by the Chief Administrative Officer, or any person authorized to act on his behalf. CANDIDATE CANOPY OR MARQUEE CANOPY OR MARQUEE SIGN CHANGEABLE COPY SIGN means a person who is a candidate for election pursuant to Local Government Act, the School Act (BC), the Election Act (BC), or the Canada Elections Act, or a person represented as a candidate on a political sign. means a permanent roof-like shelter extending from part or all of a Building Face, but does not include a projecting roof. means a Sign attached to or constructed in or on the face of a Canopy or Marquee. means a Sign on which Copy is changed manually, but does not include a Billboard Sign, Temporary Sign, Portable Sign or Electronic Changeable Copy Sign.

3 Page 3 of 31 BYLAW NO CHIEF ADMINISTRATIVE OFFICER CHIEF ELECTION OFFICER CITY CITY ENGINEER CIVIC CENTER means the person appointed to that position for the City under the City of Cranbrook Officers and Employees Bylaw No. 3485, 2004 or a person designated to act in the stead of that officer. means the person appointed by Council as the Chief Election Officer pursuant to the Local Government Act, or the Deputy Chief Election Officer in the absence of the Chief Election Officer. means the Corporation of the City of Cranbrook. means the employee of the City appointed to that position by the Chief Administrative Officer, or any person authorized to act on his behalf. means the following properties and buildings, as shown on the attached Schedule B: (a) (b) City Hall th Avenue South Firehall # th Avenue South (c) Cranbrook detachment of the RCMP th Avenue South (d) (e) The Studio Stage Door th Avenue South Rotary Park CLEARANCE COpy COUNCIL CURB LINE DIRECTIONAL SIGN means the vertical distance between the underside of a Sign and finished Grade immediately below. means the wording of a Sign in permanent or removable letter form, including figures, symbols, logos and other things comprising the message or advertising. means the Municipal Council of the Corporation of the City of Cranbrook. means the line at the face of the curb nearest the Street or roadway or, in the absence of a curb, a line established by the City Engineer. means an incidental On-Premises Sign indicating the direction only, of business, parking area, product service, drive-through or event for the purpose of directing pedestrian or vehicular traffic.

4 Page 4 of 31 BYLAW NO DIRECTOR OF CORPORATE SERVICES ELECTRONIC CHANGEABLE COPY SIGN FASCIA SIGN FLASHING FRAME EFFECT FREESTANDING SIGN FULL MOTION VIDEO GENERAL VOTING DAY GRADE means the person appointed as Corporate Officer for the City under the City of Cranbrook Officers and Employees Bylaw No. 3485, 2004 or a person designated to act in the stead of that officer. means a Sign on which the Copy is displayed by means of electronically controlled illumination lamps, tubes or Light Emitting Diodes (LED) or other electronic technology which is changed through computer programming. An Electronic Changeable Copy Sign must be an integral part of or be attached to a Freestanding Sign or Fascia Sign only. means a Sign which is, in any manner, affixed flat to the wall or fascia of a building, whether forming part of the building or not, and having the exposed face thereof on a plane approximately parallel to the plane of such wall but does not include a Mural. means a pattern of changing light illumination where the Sign illumination alternates suddenly between fully illuminated and fully non-illuminated for the purpose of drawing attention to the Sign. means a visual effect on an Electronic Changeable Copy Sign applied to a single frame to transition from one message to the next. means any On-Premises Sign, wholly supported from the ground by a structural member or members, independently of and visibly separated from any building or other structure and permanently fixed to the ground. means the use of live action footage shot with a video camera or similar device which is sized to fit and be displayed by an Electronic Changeable Copy Sign or similar device. means "polling day" under the Canada Elections Act, or "general voting day" under the Local Government Act, School Act (Be) or Election Act (BC), whichever is applicable. means the elevation established by the City Engineer for the surface of the sidewalk or boulevard adjacent to any Sign abutting or encroaching into a Street, or the elevation of the finished ground surface directly below a Sign, as determined by the Building Official.

5 Page 5 of 31 BYLAW NO MAXIMUM OF SIGN MINIMUM OF SIGN HEIGHT HEIGHT means the vertical distance measured from the Grade to the highest point of such Sign. means the vertical distance measured from the Grade to the lower limit of such Sign. MONUMENT SIGN IOENTIFICA TlON SIGN ILLUMINATED SIGN LEGAL NON CONFORMING SIGN LOT MURAL OFF-PREMISES SIGN means a low profile Freestanding Sign. means a Sign which contains no advertising but is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person. means a Sign in which a source of artificial light is used in order to make readable the Copy, and shall include internally and externally lighted signs and reflective, glowing or radiating signs. means any Sign which was lawfully erected in accordance with a permit prior to this bylaw and was lawfully maintained at the passage of this bylaw which fails to conform to the applicable regulations and restrictions of this bylaw. means the smallest unit in which land is designated as a separate and distinct parcel as shown on the records of the Land Title Office. means a painting that is applied to the wall of a building or structure that does not include any text or logo other than the name(s) of the artist(s) and/or sponsor(s) and that is not designed to advertise, identify or convey information for commercial purposes and does not include a Fascia Sign. means a Sign that advertises goods, products, services or facilities and directs a Person to a different location from where the Sign is installed, including a Billboard Sign. ON-PREMISES SIGN OWNER means a Sign which advertises only the business or the goods, products or facilities located on the Lot or Premises on which the Sign is located. means: (a) the registered Owner of the estate in fee simple, in respect of Real Property;

6 Page 6 of 31 BYLAW NO (b) the Owner of the Sign. PARAPET PERSON POLITICAL ORGANIZA TlON means that portion of a building wall that rises above the roof line. means in addition to its standard meaning includes, an association, corporation, firm, individual, organization, partnership, party, society or trust company. Includes: (a) an "elector organization" within the meaning established in the Local Government Act; (b) a "campaign organizer" within the meaning established in the Local Government Act; (c) (d) (e) (f) (g) a "political party" within the meaning established in the Election Act (BC) or Canada Elections Act; any incorporated or unincorporated organization which promotes or opposes the election of a candidate; any incorporated or unincorporated organization which approves or disapproves of a course of action advocated by a Candidate or another Political Organization; any incorporated or unincorporated organization which promotes or opposes an issue that is the subject of a referendum or plebiscite; and any incorporated or unincorporated organization which promotes or opposes a recall or initial campaign. POLITICAL SIGN means a temporary display Structure bearing lettering, symbols or pictures used to: (a) (b) (c) (d) promote or oppose the election of a candidate; approve or disapprove of a course of action advocated by a candidate; Promote or oppose a political organization or its program; Approve or disapprove of a course of action advocated by a Political Organization.

7 Page 7 of 31 BYLAW NO (e) (f) Promote or oppose an issue that is the subject of a referendum or plebiscite; or Promote or oppose a recall or initiative campaign. PORTABLE SIGN PREMISES PUBLIC ASSEMBL Y USE PROJECTING SIGN REAL ESTATE SIGN REAL PROPERTY ROOF LINE ROOF SIGN REVOLVING SIGN SANDWICH BOARD SIGN means any Sign not permanently attached to the ground or to a building but does not include Sandwich Board Signs. means a Lot or Lots or Real Property and all buildings and accessory structures thereon. means the principal use of the Premises is to provide entertainment or recreation venues for the public. means any Sign other than a wall, canopy or Fascia Sign which is attached to and projects from the face or wall of a building or structure. means any Temporary Sign that gives notice of a business, Real Property or Premises offered for sale, rent, lease, development or exchange. means non-moveable property such as land or buildings. means the horizontal line made by the intersection of the wall of the building with the roof of the building or the top edge of the Parapet. In the case of a building with a pitched roof, the Roof Line shall be at the eave level. means a Sign erected upon or above the roof or Parapet of a building or a Sign affixed to a building and extending above the Roof Line of the building. means any Sign, all or a part of which revolves or rotates, or partly revolves or rotates about its vertical axis. means a Sign consisting of two (2) flat faces (surfaces) which may be joined at one end and resting on the ground. means any structure, symbol, identification, visual representation, form, description, illustration or device, illuminated or non-illuminated, which is visible from any public place or is located on private Real Property and exposed to public view and which is intended to communicate information about or direct attention to a product, service, place, activity, Person, institution, business or solicitation, including without limitation permanently installed or situated merchandise, with the

8 Page 8 of 31 BYLAW NO exception of window displays and for the purposes of removal, Signs shall also include all Sign Structures. SIGN AREA SIGN FACE SIGN STRUCTURE STREET SWINGING SIGN TEMPORARY UNDER CANOPY SIGN UNLAWFUL SIGN means the total area within the outer edge of the frame or border of a Sign, including all Sign Faces except where a Sign has no frame, border or background in which case the area of the Sign shall be the area contained within the shortest line surrounding the whole group of letters, figures or symbols. means the portion of a Sign used to display Sign Copy. means a structure which supports or is capable of or intended for support of any Sign or Sign Face which in turn is supported by the ground or by a building or other structure that is not an integral part of the Sign. means a public highway, road, boulevard or thoroughfare which affords the principal means of access to an abutting Lot. means a Sign installed on an arm or span that is not, in addition, permanently fastened to an adjacent wall or upright pole in such a manner so as to prevent movement. means displayed for a limited period of time as provided for in various parts of this bylaw. means a Sign suspended from a Canopy and contained entirely under such Canopy. means a Sign, other than a Legal Non-Conforming Sign, which does not comply with either the provisions of this bylaw or of any other City bylaw, but not limited to: (a) (b) any Sign which the Building Official may declare a hazard to public safety or a nuisance by reason of unsightly conditions; or any Sign for which a required insurance policy has lapsed or been cancelled for any reason whatsoever. UNSIGHTLY means unpleasant or offensive to look at, unattractive, dilapidated, worn out, characterized by holes, breaks, rot, crumbling, cracking, leaning, peeling or rusting.

9 Page 9 of 31 BYLAW NO WINDOW SIGN means a Sign painted on or affixed to the inside of a window of a building in view of the general public. ZONING BYLAW means City of Cranbrook Zoning Bylaw No. 3737, 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. 3.4 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. 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. 4. PURPOSE 4.1 The purpose of this bylaw is to: PART 2 - PURPOSE Provide opportunities for business identification; Provide for Signs which complement and reinforce the objectives and policies of the Official Community Plan and maintain the unique character of Cranbrook; Enhance the appearance of the City; Maintain pedestrian and traffic safety; Minimize clutter by limiting size and number of Signs; Enable fair and consistent enforcement of Sign regulations; Address issues of Sign installation, maintenance, repair, replacement, and removal.

10 Page 10 of 31 BYLAW NO PERMIT APPLICATION PART 3 - ADMINISTRATION AND PERMITS 5.1. An application for a permit under this bylaw shall be made to the Building Official on the application form provided for that purpose. Upon being satisfied that the proposed Sign for which proper application has been made conforms to this bylaw and all other pertinent requirements of the City, the Building Official may then issue the appropriate Sign permit and may impose conditions on the issue of such permit as provided for in this bylaw. 5.2 The Building Official may refuse to issue a permit where the Person making application does not hold a valid business licence where required to do so, or any Person involved in the installation of the Sign does not hold a valid business licence with the City as required. 5.3 The Building Official may revoke a permit for any of the following reasons: 6. PERMIT FEE There is a violation of any term, condition or requirement under which the permit was issued; or There is a violation of any term, condition or requirement of this bylaw; or The permit was issued by reason of incorrect, or false, or misleading information furnished by the person making application; or The permit was issued in error. 6.1 Prior to the issuance of a Sign permit, every applicant shall pay to the City the prescribed permit fee set forth in Schedule "A" to this bylaw based on the value of construction as determined by: 7. TIME LIMIT the total contract price for the design, planning, construction and installation of the proposed Sign including all subcontracts; or the value of construction as determined by the Building Official on the basis of plans, specifications and information available to him; and where the total contract price and the value of construction as determined by the Building Official differ, the permit fee shall be based on the greater amount. 7.1 Every Sign permit shall expire where the work covered by the permit has not in the opinion of the Building Official been commenced within six (6) months of the

11 Page 11 of 31 BYLAW NO date of issuance or where work has not been completed and final inspection and approval received within twelve (12) months from the date of issuance. 8. FEE NON-REFUNDABLE 8.1 Where a Sign permit expires in accordance with section 7.1, no refund shall be payable by the City and a new application must be made for a proposed Sign including payment of a permit fee. 9. PENAL TV FEE 9.1 When any Sign is erected, installed, maintained, relocated or otherwise established on any Premises without a required Sign permit having previously been obtained, the permit fee shall be doubled. 10. PROPERTY OWNER 10.1 Where the application is made by a tenant or lessee of a Premises or his authorized agent, it shall be accompanied by the consent of the Owner. 11. INDEMNITY AND SAVE HARMLESS CLAUSE 11.1 Any applicant for a Sign permit issued by the City must agree to indemnify and save harmless the City for all claims and actions for loss, injury, damages or compensation by any Person, or caused by reason of, or in any way attributable to the erection, hanging, maintenance or existence of the sign or fastenings thereto, and to indemnify and pay to the City the amount of all costs and expenses which the City may incur, or become liable for in connection with any such claim or actions. 12. ENGINEER APPROVED 12.1 For structural and/or foundation design, the Building Official may require as a condition of the issuance of any permit that all drawings and specifications, or any part thereof, be prepared, signed and sealed by, and the completed construction certified by a professional engineer registered in the Province of British Columbia. A permit may be refused or deemed incomplete or noncompliant until a letter signed by such professional engineer has certified satisfactory completion of installation according to specification submitted as part of the permitting process. 13. ELECTRICAL SIGNS 13.1 Every Sign that utilizes electricity shall conform to the Provincial Electrical Code of British Columbia and be approved by the Electrical Safety Branch.

12 Page 12 of 31 BYLAW NO PERMIT EXCEPTIONS 14.1 The following operations shall not require a permit under this bylaw provided the Sign conforms to the requirements of this bylaw or is deemed to be legal nonconforming as per Section 15.1, and complies with all other regulations of the City: changing the Copy on an approved Changeable Copy Sign, Electronic Changeable Copy Sign; or painting, re-painting, cleaning, replacement of sign faces within the same advertiser required because of breakage or deterioration, or other normal maintenance and repair of a Sign but does not include any structural change to a Sign or substitution of a new or different Sign A permit is not required for the erection, construction, alteration, painting, maintaining, moving, or other establishment of the following Signs provided the Sign conforms to the requirements of this bylaw: a Sign owned or leased by the City for municipal purposes; a traffic control Sign as defined in the B.C. Motor Vehicle Act, subject to the provisions of that Act; a Sign required to be maintained or posted by law or governmental order, rule or regulation; an approved home occupation Sign, in accordance with the provisions of the Zoning Bylaw, for businesses holding a valid home occupation business licence; memorial plaques, cornerstones, historical tablets; On-Premises Directional Signs, not exceeding 0.5 m 2 in Sign Area, intended to facilitate the movement of pedestrians and vehicles within the Premises upon which such Signs are located; no-trespassing, private property and no-dumping Signs not to exceed m 2 in Sign Area; flags or emblems of political, civic, philanthropic, educational or religious organizations, to a maximum Sign Area of 1.5 m 2 ; Temporary Signs that: (a) pertain to civic, philanthropic, educational or religious events, provided such Signs are not posted prior to thirty (30) days before the event and are removed not later than seven (7) days after the event; or

13 Page 13 of 31 BYLAW NO (b) (c) (d) (e) (f) (g) are Real Estate Signs advertising the sale, lease or rental of a Lot or Premises upon which such Signs are situated, provided such Signs do not exceed a maximum cumulative total area of 9.0 m 2 ; or are construction Signs indicating the name and nature of a construction or demolition project, upon which the Sign is located, including the names of the contractors or sub-contractors, the entity providing the finances and professional advisors, provided the total number of Signs does not exceed 9.0 m 2 in combined Sign Area; banners announcing special events provided the locations of such banners have been approved by the City, and provided the installation and removal of the banners is approved by the Building Official and the banners do not remain in place for more than seven (7) days prior to the commencement of the event nor for longer that seven (7) days after the end of the event; Window Signs provided coverage is less than 30% of the window where Window Signs are not transparent. bench and bus shelter signs; a neon sign, advertising a particular brand of beverage, in one window of a major eating and drinking establishment. 15. LEGAL NON-CONFORMING SIGNS 15.1 Any Sign in existence and use in the City on the date of adoption of the this Bylaw, which does not conform to, and comply with the provisions hereto, shall be considered a legal, non-conforming sign and shall be allowed to remain in use provided it also meets the following requirements: (a) (b) the Sign was legally authorized by issuance of a valid Sign permit prior to its installation; the Sign was in compliance with all applicable regulations on the date of adoption of this Bylaw Legal non-conforming signs shall retain this status only until they are structurally changed or moved, at which time a permit shall be required for so doing, and the sign shall be brought into compliance with this Bylaw, or shall be removed. 16. CONFLICT WITH BYLAWS, ACTS OR REGULATIONS 16.1 If any portion of this bylaw is found to be in conflict with any other City bylaw, the provision which establishes the most restrictive provision shall prevail.

14 Page 14 of 31 BYLAW NO In a case where a Sign projects into or is within the Ministry of Transportation and Infrastructure right-of-way, or within the minimum setback allowance of 4.5 m from the right-of-way, approval from the Ministry of Transportation and Infrastructure must be obtained prior to issuance of a Sign permit. 17. NO SIGN PERMIT PART 4 REGULATIONS 17.1 Except as provided for by section 14 of this bylaw, no Person shall erect, construct, place, alter or relocate a Sign within the City unless a valid and subsisting permit has been issued in accordance with this bylaw. 18. ALTER PLANS WITHOUT APPROVAL 18.1 No Person shall erect, construct, place, alter or relocate a Sign that is at variance with the conditions of the permit including the description, plans and specifications of the Sign for which the permit has been issued unless such change has been approved in writing by the Building Official. 19. FAIL TO OBEY CEASE WORK ORDER 19.1 No Person shall continue to erect, construct, place, alter or relocate a Sign after the Building Official has ordered such work to cease. 20. SIGN ON PUBLIC PROPERTY 20.1 No Sign shall be placed on, within or above public property, except as provided for in this bylaw. 21. HAZARD TO TRAFFIC 21.1 No Sign shall, by reason of its location, colour or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. 22. SIGN CAUSING OBSTRUCTION 22.1 No Sign shall be located or displayed in such a manner that it may obstruct any window, door opening, passageway, ventilator, fire escape, walkway or similar feature except as provided for by this bylaw. 23. OFF-PREMISES SIGN 23.1 One (1) Off-Premises Sign shall be permitted on a Lot or Premises and shall be calculated as part of the total allowable Sign Area for the type of sign the Off Premises Sign takes. Off-Premises Signs shall be either a Portable Sign, form part of a Freestanding or Fascia Sign, or Billboard where permitted.

15 Page 15 of 31 BYLAW NO MAINTENANCE OF SIGNS 24.1 The Owner and occupier of a Premises and the Owner of the Sign located on the Real Property shall be jointly responsible to ensure that the Sign or landscaping or both are maintained in a safe condition and free from any defect at all times. All Signs, Sign Structures and landscaping shall be kept clean, structurally sound and free from any hazards, maintained and tidy, free of weeds or debris, so as to not be Unsightly. 25. AWNING SIGNS PART 5 - SIGN CLASSIFICATIONS 25.1 Awning Signs shall be permitted provided that: The Awning shall not project beyond the face of the building more than 2.4 m or closer than 0.6 m to the Curb Line measured horizontally, whichever is less; The minimum vertical Clearance of an Awning from the nearest finished Grade shall be 2.5 m; The Copy area shall not exceed 60% of the Sign Area; The Sign shall not extend vertically or horizontally beyond the limits of the Awning; and The Sign shall be located on the Premises to which the Sign refers. 26. CANOPY OR MARQUEE SIGNS 26.1 Canopy or Marquee Signs shall be permitted provided that: The Sign shall not project higher than the Roof Line of the building on which it is located provided, however, that in no case shall the top of the Sign be higher than 6.0 m above the nearest finished Grade; The Sign shall not extend or project above the upper edge of the Canopy or Marquee by more than 0.6 m; The maximum Sign Area shall be 0.6 m 2 per lineal metre of the Canopy frontage to which it is attached; The Copy area shall not exceed 60% of the Sign Area; The Sign shall not extend below the bottom edge of the Canopy or Marquee; and

16 Page 16 of 31 BYLAW NO The Sign shall be located on the Premises to which the Sign refers. 27. UNDER CANOPY SIGNS 27.1 Under Canopy Signs shall be permitted provided that: The Minimum Height of Sign shall be 2.S m in pedestrian areas and 4.S m in vehicular areas; The Sign shall not extend horizontally beyond the limits of the Canopy or Marquee; The maximum Sign Area shall not exceed 0.6 m 2 ; and The Sign shall be located on the Premises to which the Sign refers. 28. CHANGEABLE COpy SIGNS 28.1 Changeable Copy Signs shall be permitted provided that: The total Copy area shall not exceed one half (1/2) of the total area of the Sign face upon which it is located, to a maximum of 6.0 m 2 ; The Sign Area shall form an integral part of the Sign or be attached to the main Sign such as to appear as a symmetrical and integral part of the Sign; and Notwithstanding the terms of this section, in the case of a Public Assembly Use such as theatres, arenas and other facilities where constant changes of events necessitates similar changes in the message of the sign, the Changeable Copy area may occupy the entire Sign Area. 29. ELECTRONIC CHANGEABLE COpy SIGNS 29.1 Electronic Changeable Copy Signs shall be permitted in accordance with the following: Electronic Changeable Copy Signs for the promotion of a business shall only be permitted on properties located in the C-2, Highway Commercial Zone; C-4, Mixed Commercial-Residential; C-S, Shopping Centre Zone; CD-2, Comprehensive Development Zone; 101, Integrated Development Zone One (Recreation and Leisure Complex); M-1, Clean Industrial Zone; M-2, Light Industrial Zone, M-3, Heavy Industrial and Transportation Zone; and the P-1, Public Institutional Zone; as per the Zoning Bylaw An Electronic Changeable Copy Sign must be an integral part or be attached to a Freestanding Sign or Fascia Sign only.

17 Page 17 of 31 BYLAW NO FASCIA SIGNS There must be a minimum separation distance of 22.8 m between the Electronic Changeable Copy Sign and any other Electronic Changeable Copy Sign on an adjacent Premises, except that where the separation distance cannot be met, each Premises shall be permitted to have one (1) Electronic Changeable Copy Sign The maximum Sign Area for each face of an Electronic Changeable Copy Sign shall not exceed 3.5 m 2. The size shall be considered as part of and not separate from the cumulative overall maximum size for a Freestanding Sign or Fascia Sign in the Sign bylaw When part of or attached to a Freestanding Sign, an Electronic Changeable Copy Sign shall not exceed 10.0 m in Maximum Height of Sign. The Minimum Height of Sign for an Electronic Changeable Copy Sign shall not be less than 4.5 m When part of or attached to a Fascia Sign the minimum height of Sign shall be 2.75 m and shall not project over the Roof Line of the building to which the Sign is attached No more than one (1) Electronic Changeable Copy Sign shall be permitted per Premises Messages by reason of movement, content, colouring or manner of illumination that may be confused with or construed as a traffic control Sign, Signal or device, or the light of an emergency road or street Sign, signal or device are prohibited Copy change of the display screen of an Electronic Changeable Copy Sign shall not be more frequent than once per four (4) seconds. The use of Background Animation is allowed on Electronic Changeable Copy Signs so long as the foreground of the Sign displays static images prior to transitioning to another static foreground image. Transitions from one static foreground image to another may display Frame Effects so long as such effects last no longer than two (2) seconds. The use of Flashing, Foreground Animation and Full Motion Video is prohibited Excluding Background Animation, any message displayed shall be static in nature and shall not project continuous scroll, blink, flicker, flash, scintillate, or be otherwise animated. Transitions from one static image to the next shall appear to be instantaneous An Electronic Changeable Copy Sign shall have auto dimming features enabled to reduce the light intensity at night Fascia signs shall be permitted provided that:

18 Page 18 of 31 BYLAW NO The Minimum Height of Sign shall be 2.5 m. The minimum height does not apply to Signs that: (a) (b) are located over private Real Property and are over a landscaped area or other restriction designed to keep pedestrian traffic away from the Sign, or are entirely recessed within the building wall, created by printing, painting or inscribing directly upon a wall, or do not project more than 2.5 cm from the building wall; The Maximum Height of Sign shall be the Roof Line of the building to which it is attached; The maximum Sign Area shall be 1.0 m 2 per lineal metre of wall length of the building wall to which the Sign is affixed; Only the frontage of the business on which the Sign is located shall be used for Sign Area calculation; The Sign shall not project over public property more than 0.3 m; and The Sign shall be located on the Premises to which the Sign refers but may contain an Off-Premises Sign in accordance with Section FREESTANDING SIGNS 31.1 Freestanding Signs shall be permitted provided that: The Minimum Height of Sign shall be 2.5 m in all pedestrian areas and 4.5 m in all driveways and vehicular traffic areas; The Maximum Height of Sign shall not exceed: (a) 10.0 m in the C-2, Highway Commercial Zone; CD-2, Comprehensive Development Zone; ID1, Integrated Development Zone One (Recreation and Leisure Complex); M- 1, Clean Industrial Zone; M-2, Light Industrial Zone, M-3, Heavy Industrial and Transportation Zone; (c) (b) 12.0 m for C-5, Shopping Centre Zoned properties located on Cranbrook Street North only; 7.5 m in all other Commercial, Public and Comprehensive Development Zones; There is a maximum of two (2) sides used for Sign Copy and the maximum Sign Area is not in excess of 1.5 % of the area of the

19 Page 19 of 31 BYLAW NO MONUMENT SIGNS Premises upon which it is situated to a maximum Sign Area of 24.0 m 2 or 12.0 m 2 per side; No portion of the Sign shall project over public property; The number of Freestanding Signs on a Premises shall not exceed the greater of one (1) for each Street frontage, or one (1) for each two (2) Premises located on the Real Property, provided that the total number of Freestanding Signs on any Premises shall not exceed three (3); Where two (2) or more Freestanding Signs are permitted on a Premises, such Signs shall be located no less than 30.3 m apart; The Sign shall be located on the Premises to which the Sign refers but may contain an Off-Premises Sign in accordance with Section 23.1; When situated on a Premises which abuts a residential zone, the Sign shall not be permitted within 7.5 m of a residential zoned Lot There is a minimum of 22.8 meters between the proposed Freestanding Sign and any Freestanding Sign on an adjacent Premises, except that where the separation distance cannot be met, each Premises shall be permitted to have one Freestanding Sign Monument Signs are permitted provided that; 33. MURALS Each Sign Face shall not exceed 2.7 m 2 in area The Sign shall not have more than two (2) Sign Faces The Sign and Sign Structure shall not exceed a maximum height of 2.4 m above a sidewalk; and in the absence of a sidewalk, shall be measured from the centerline Grade of the adjacent Street The Sign shall not obscure the line of vision from a Street, driveway access or sidewalk to oncoming traffic or, in any way interfere with the safe movement of vehicular or pedestrian traffic Murals are permitted provided that all applications are subject to the City of Cranbrook Murals Policy No prior to consideration and/or approval of a Sign permit. 34. PORTABLE SIGNS 34.1 Portable Signs shall be permitted provided that:

20 Page 20 of 31 BYLAW NO The Sign Area shall not exceed 3.5 m 2 per face; The Maximum Height of Sign shall not exceed 2.5 m; The Sign must be located entirely on a business Premises and may not be located on or project into public property; The Sign does not obscure the line of vision from a Street, driveway access or sidewalk to oncoming traffic or, in any way, interfere with the safe movement of vehicular or pedestrian traffic and must not be located on any required off-street parking space or landscaped area; An electrical extension cord shall not pass over a sidewalk, pedestrian walkway, roadway, driveway, aisle or parking space; The Sign shall not be an Animated Sign or Electronic Changeable Copy Sign; There shall only be one (1) Portable Sign permitted on a Lot or Premises at any time. 35. PROJECTING SIGNS Portable Signs must not be Unsightly Projecting Signs shall be permitted provided that: The Minimum Height of the Sign shall be 2.5 m above the nearest finished Grade, except where the Sign is located over a driveway or parking area, in which case the minimum height shall be 4.5 m; The Sign Area shall not exceed 0.45 m 2 per lineal metre of Building Frontage to a maximum of 7.0 m 2, provided that: (a) (b) Only the frontage of the first storey of the building on which the Sign will be located shall be used for Sign Area calculation; and When the Sign is located at the corner of a building on a corner Premises, the Sign Area may be calculated on the basis of the larger of the two (2) frontages but shall be installed on that particular Building Frontage; The Sign shall not project over public property any closer than 0.61 m from the vertical projection of the Curb Line which extension shall in no case exceed 2.0 m measured horizontally from the property line; and The Maximum Height of Sign shall be 6.0 m from the nearest finished Grade or shall not project more than 0.6 m above the eave level of the wall to which it is attached, whichever is less; and

21 Page 21 of 31 BYLAW NO POLITICAL SIGNS Should any portion of the Sign project over public property, proof of Extended Liability Insurance satisfactory to the City in the amount of Two Million Dollars ($2,000,000.) showing the City as a third party coinsured is provided A Person shall not place, or permit to be placed, a Political Sign on public or private property, except: in relation to federal elections and by-elections, from the time the writ of election is issued until seven (7) days after General Voting Day; in relation to provincial elections and by-elections, from the time the writ of election is issued until seven (7) days after General Voting Day; in relation to local government and school elections and by-elections, from the first day of the nomination period until seven (7) days after general voting day; in relation to federal and provincial referenda or plebiscites, from the day that the text of the question is approved by the federal Parliament or by the provincial Legislature, as the case may be, until seven (7) days after General Voting Day; in relation to local government referenda or plebiscites, from the day that the text of the question is approved by Councilor a regional board by bylaw or by resolution, as the case may be, until seven (7) days after General Voting Day; and in relation to provincial recall or initiative campaigns, from the day that an application for recall or initiative is approve by the Chief Electoral Officer for BC until seven (7) days after the final disposition of the matter Every candidate in an election wishing to post or display a Political Sign shall, prior to posting or displaying any signs, apply to the Director of Corporate Services or his designate for an Election Sign(s) permit on the form provided by the City and shall at the time of application deposit One Hundred Dollars ($100.). This security may be used for removal of Political Signs in contravention of this bylaw in accordance with section A Person shall not place, or permit to be placed, on public or private property a Political Sign: with a Sign Face exceeding 3.0 m 2 in area; nor

22 Page 22 of 31 BYLAW NO that exceeds 3.0 m in height, as measured from the Grade of the site on which the Political Sign is placed to the top of the Political Sign or its supporting structure, whichever is greater A Person must not place, or permit to be placed, a Political Sign: within m of a building, structure or any other place where voting procedures are being conducted at the time, pursuant to the Local Government Act; at or within the Civic Center as per the map attached as Schedule "8" to this bylaw; to any tree, planter, waste receptacle, newspaper box or mail box located on City-owned land; utility pole, lamp standard or traffic control device on or near a public highway in any manner which obstructs motorist visibility Election Signs may only be erected in the following locations: HAZARDOUS PLACEMENT On private property with the permission of the Owner or occupier; On a municipal boulevard fronting private property A Person must not place, or permit to be placed, on public or private property, A Political Sign: that overhangs City-owned property; within 1.0 m of a fire hydrant; that obstructs, simulates or detracts from any traffic control device; that is unsightly or dilapidated; in a manner that may constitute a hazard to pedestrians, cyclists or vehicles; or that obstructs the line of vision at an intersection between the height of 0.9 m and 3.0 m, as measured from the top of any curb fronting a parcel, or if there is no such curb.

23 Page 23 of 31 BYLAW NO REMOVAL OF POLITICAL SIGNS 36.7 Political Signs shall be removed within seven (7) days of the period set out in section 36.1 of this bylaw A Bylaw Services Officer may remove, and the Chief Election Officer may order the removal of, any Political Sign that is placed, or permitted to be placed, in contravention of any provision of this bylaw Political signs removed pursuant to section 36.8 will be stored at a City facility and may be claimed by a Candidate, or a person authorized by a candidate Political Signs removed pursuant to section 36.8 and not claimed within seven (7) days after the period set-out in section 36.1 of this bylaw become the property of the City and may be destroyed or otherwise disposed of by the City without notice to any Person. 37. SANDWICH BOARD SIGNS 37.1 Sandwich Board Signs shall be permitted provided that: Only one (1) Sign is permitted per Premises. Where more than one licensed business is located on a Premises; each business shall be permitted only one (1) Sign The Sign Area shall not exceed 0.62 m 2 per face The Maximum Height of Sign shall not exceed 1.0 m and a maximum Sign width of 0.62 m The Sign shall not create an obstruction to pedestrian or vehicular movement, parked vehicles or crosswalks Signs are not permitted to be put out after a snowfall until the snow is cleared from the sidewalk The Sign must be located on the business Premises. Where it is impossible to locate the Sign on the Premises and the Sign must be located on public property, the following shall apply: (a) the Sign must be located on an abutting sidewalk directly opposite the business and: (i) (ii) a minimum distance of 0.15 m from the Curb Line and to a maximum of 1.0 m from the Curb Line; For Baker Street, Signs must be located directly abutting the building and shall not project more than 0.62 m onto the sidewalk, and;

24 Page 24 of 31 BYLAW NO (iii) For 10 th Avenue South a maximum distance of 1.7 m from the Curb Line; (b) (c) provide proof of Extended Liability Insurance satisfactory to the City in the amount of Two Million Dollars ($2,000,000) showing the City as a third party coinsured. Insurance must be kept up to date; applicant save harmless and indemnification of the City in accordance with Section 11.1 of this bylaw; 38. BILLBOARDS Sandwich Board Signs must display proof of permit in a form as provided by the City Billboards existing at the date of adoption of this Sign Bylaw shall be deemed to be considered non-conforming and shall be permitted to remain subject to all applicable regulations of this Bylaw. No additional Billboard Signs shall be permitted on any Lot or Premises as of the adoption date of this Bylaw. Existing non-conforming Billboard Signs may be only maintained, reconstructed or replaced in accordance with the following : Sign structures shall be located within fully enclosed frame. Decorative trim shall be used to frame the structure enclosing the front and rear sides; If replaced, Billboard signs located on vacant undeveloped lots shall maintain a minimum setback from a parcel line abutting a Street of 4.5 m. On developed lots, Billboards shall not project closer to the Street than the front wall of the building. Billboards shall not project over any other property line of the Premises upon which it is located; Maximum Height of Sign shall not exceed 7.5 m; Maximum Sign Area shall not exceed 20 m 2 per face; Billboards shall be maintained in good condition, and the ground below the Sign shall be kept clean and free of weeds; Sources of illuminations shall be shielded to prevent glare, or the creation of shadows on adjacent property or buildings; No Billboard shall be located within a 91.5 m distance from another when facing the same traffic flow;

25 Page 25 of 31 BYLAW NO PROHIBITED SIGNS PART 6 - PROHIBITED SIGNS 39.1 Signs that are not specifically permitted in this bylaw are hereby prohibited and unlawful. Without restricting or limiting the generality of the foregoing, the following Signs are prohibited: Roof Signs; Any Sign, support thereof, or Sign Structure that obstructs any fire escape or other exit required as a means of egress from a building; Balcony Signs and Signs mounted or supported on a balcony; Portable Signs other than as provided for in section 34 of this bylaw; Animated Signs; Swinging Signs; Advertising Signs on Parked Vehicles No person shall park any vehicle or trailer on public or private property so as to be visible from a public right of way, which has attached thereto or located thereon any Sign of advertising device for the basic purpose of advertising products or directing people to a business or activity located on the same or any other property. This section shall not be interpreted to prohibit sign age on public transit buses, lettering or logos painted or fastened by adhesives to commercial vehicles identifying the business or owner, taxi Signs, or Signs for automobile sales and rental Balloon Signs or other gas filled advertising devices, except that one such Sign may be used for a special event or to identify a new business or change of ownership for a Premises, provided that proof of 3 rd party liability insurance with the City co-insured is provided at the time of application for a Sign permit, the Sign is approved by the Building Official in writing prior to use, the Sign shall not violate any other provision of this bylaw and shall be removed within seven (7) days of first being displayed; Abandoned Signs When a Sign remains in place after the activity, business, product or services the Sign advertises is no longer conducted or available on the Premises on which the Sign is located, such Sign is considered to have been abandoned, and the Owner of the Premises in questions shall remove the Sign within thirty (30) days from the date written notice by the City of Cranbrook to do so has been received. This section shall be

26 Page 26 of 31 BYLAW NO deemed to include abandoned Sign structures and supports for Billboard Signs that remain unused for a continuous period of 120 days Any Unsightly Sign; 40. ORDERS PART 7 - ORDERS AND ENFORCEMENT 40.1 The Building Official may order any Person that contravenes this Bylaw, to stop work, or repair, or alter, or remove, any Sign that is determined to violate any provision of this bylaw The Building Official may prescribe a time limit within which the order is to be complied with and where a permit is required in conjunction with such order, at the expiration of the time limit provided, said permit issued will be deemed to have expired if the terms of an order have not been completed to the satisfaction of the Building Official An order is deemed to have been served when it is delivered in Person or mailed by Certified Mail to the Owner of the Sign, or the Owner of the Premises or the occupant of the Premises The recipient of an order must comply with the provision of said order, advise the Building Official when corrections have been made, and arrange for a reinspection. 41. ORDERED REMOVAL/REPAIR 41.1 Immediate Hazard Where any Sign, landscaping or both are in immediate danger of falling down or are an immediate hazard to the safety of Persons or Real Property, the Building Official may order the Sign or landscaping or both removed or repaired within twenty-four (24) hours In the event of failure to comply with an order that is served under section 40 the Building Official may have the Signs or landscaping or both removed or repaired with the costs recovered in accordance with section Hazard/Nuisance Where any Sign or landscaping or both are determined by the Building Official to be unsafe so as to be a hazard or Unsightly so as to be a nuisance, the Building Official may order the Sign or landscaping or both removed or repaired,

27 Page 27 of 31 BYLAW NO In the event of failure to comply with an order that is served under section 40 the Building Official may have such Signs or landscaping or both removed or repaired with costs recovered in accordance with section Any Sign or landscaping, or both, located on or projecting over public property which is in contravention of this bylaw and which is not removed or otherwise dealt with in accordance with the order of the Building Official, may be removed immediately and disposed of without further notice or compensation to the Owner Non-Compliance and Cost recovery If any Person fails to comply with any order issued by the Building Official to have a Sign or landscaping or both removed, the City, by Council resolution, may authorize its employees or other Persons, at reasonable times and in a reasonable manner, to enter onto the Real Property and effect the compliance at the expense of the Owner of the Sign or the Owner of the Real Property or both If any Person fails to comply with an order issued by the Building Official to have a Sign or landscaping or both repaired, the City, by its employees or other Persons, at reasonable times and in a reasonable manner enter onto the Real Property and effect the compliance at the expense of the Owner of the Sign or the Owner of the Real Property or both Where the costs of removal or repair incurred by the City are not paid on or before the 31 st day of December in the year that the compliance was effected, the costs shall be added and form part of the taxes payable on the Real Property as taxes in arrears Despite section where, under this section, the Building Official has ordered the removal of Signs or landscaping or both that present an immediate hazard to the safety of Persons or property, no Council resolution shall be required An Owner of the Real Property or Sign and/ or landscaping or both, seeking to reclaim such items removed by the City shall submit a request in writing within thirty (30) days of the removal and shall before reclaiming such items pay all costs incurred by the City for the removal of the items Any Sign, landscaping or both not reclaimed within thirty (30) days of removal may be destroyed or disposed of appropriately without compensation to the Owner.

28 Page 28 of 31 BYLAW NO The City shall not be responsible for any damages incurred to any Sign or to any landscaping or to any Real Property or Premises, as a result of the removal of such item under this bylaw. 42. OFFENCE PART8-ENFORCEMENT 42.1 Every Person who contravenes any provision of this bylaw or who suffers, permits or causes any act or thing to be done in contravention of any of the provisions of this bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or fails to comply with an order, notice or direction given under this bylaw is guilty of an offence against this bylaw and liable to the penalties hereby imposed Each day, a violation is caused or permitted to exist shall constitute a separate offence Nothing in this bylaw limits the City from utilizing any other remedy that would otherwise be available to the City at law, including remedies available through prosecution or civil remedies, including injunction. 43. PENALTIES 43.1 Upon being convicted of an offence under this bylaw, a person is liable: to pay a fine of not less than One Hundred Dollars ($100.) and not more than Ten Thousand Dollars ($10,000.) if proceedings are brought under the Offence Act; or to pay the fine imposed for that offence in the "City of Cranbrook Ticket Information Utilization Bylaw No. 3022, 1991( as amended)". 44. REPEAL OF BYLAWS PART 9 - REPEAL OF BYLAWS AND POLICIES 44.1 "City of Cranbrook Sign Control Bylaw No. 2286, 1977" and all amendments thereto, are hereby repealed, except in the case of: an application for Sign permit that is in-stream on the adoption date of the bylaw and which is completed within six (6) months of the adoption date. In which case City of Cranbrook Sign Control Bylaw No. 2286, 1977, and all amendments thereto, shall apply. The City of Cranbrook Sign Control Bylaw No. 2286, 1977", and all amendments thereto, shall be wholly repealed six (6) months from the adoption date of the bylaw.

29 Page 29 of 31 BYLAW NO REPEAL OF POLICIES 44.2 Election Material at the Civic Center Policy No is hereby repealed Electronic Changeable Copy Sign Policy No is hereby repealed. Read a first time this 15 th day of July 2013 Read a second time this 15 th of day July 2013 Read a third time this 15 th day of July 2013 Adopted this ---"I.=2tk. day August 2013 Director of Corporate Services

30 Page 30 of 31 BYLAW NO SCHEDULE "A" PERMIT FEES The amount of Sign permit fees shall be in accordance with the following scale: 1. For Portable Signs, Sandwich Board Signs or replacement of a Sign within an existing Sign Face $ For all other Signs for which a permit is required: 2.1 Where the value is $1,000 or less 2.2 For each additional $1,000 or part thereof $50.00 $ Where any Sign has been erected without the required permit having been previously issued, the fee for obtaining such permit shall be double the amount of the regular permit fee.

31 Page 31 of 31 BYLAW NO SCHEDULE "8"