SIGN BYLAW No. 950 A BYLAW TO REGULATE SIGNS WITHIN THE TOWN OF VIEW ROYAL

SIGN BYLAW No. 950

A BYLAW TO REGULATE SIGNS WITHIN THE TOWN OF VIEW ROYAL

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1.0 TITLE AND SCOPE OF SIGN BYLAW

1.1 Citation

This Bylaw may be cited for all purposes as “Sign Bylaw, No. 950, 2016”.

1.2 Purpose of Bylaw

The purpose of this Bylaw is to regulate signs in the Town of View Royal with intent of authorizing signs that:

a) are appropriate in size, number, and location to the type of activity or use to which they pertain; b) provide reasonable and appropriate means for the public to locate and identify facilities, businesses and services without difficulty and confusion; c) are compatible with their surroundings; d) are consistent with the Town of View Royal planning, urban design and heritage objectives; e) do not create distraction or safety hazard for pedestrian and motorists; and f) minimize impact on nearby property.

1.3 Scope of Bylaw

a) All signs located on public and private property within the corporate limits of the Town of View Royal are subject to the provisions of this Bylaw, except as listed in Section b) below: b) This Bylaw does not apply to: i) signs lawfully erected or displayed prior to the passing of this Bylaw provided that they are not structurally altered, moved or replaced with a new sign. ii) signs located inside a building and not visible or intended to be visible from any street or any site other than the one on which they are located; iii) signs on or over Town streets erected or authorized by the Director of Engineering for the control of traffic and parking, for street names, or for directions; iv) signs displayed pursuant to the Highways Act, the Motor Vehicle Act, the Local Government Act, or to any other statute of the Legislative Assembly or pursuant to any regulation, order, or bylaw made thereunder. v) signs displayed for the purposes having to do with a municipal, provincial or federal election provided that such sign is not erected sooner than 30 days before the election date, and is removed within 48 hours of the day of the election to which it relates; vi) flags/banners or emblems of country/province, municipality, educational or religious organizations/institutions; vii) street decorations authorized by the Director of Engineering; viii) public notices authorized by Town bylaws, or Provincial or Federal legislation; ix) signs authorized by the Director of Engineering in connection with public conveniences, including signs on benches, bus stop shelters, and other similar structures; x) Murals not advertising goods or services; xi) Address Signs, provided they are unilluminated and 0.3m² or less in sign area.

1.4 Severability

If any section, subsection, paragraph, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Bylaw.

TABLE OF CONTENTS

1.0 TITLE AND SCOPE OF SIGN BYLAW ................................................................ 1 2.0 DEFINITIONS........................................................................................................ 4 3.0 SIGN DISTRICTS................................................................................................ 13 4.0 PROHIBITED SIGNS .......................................................................................... 14 5.0 SIGNS NOT REQUIRING PERMITS................................................................... 15 6.0 SIGNS REQUIRING PERMITS........................................................................... 15 7.0 REGULATIONS FOR ALL SIGNS...................................................................... 19 8.0 ADMINISTRATION ............................................................................................. 21 9.0 REQUIREMENT FOR A SIGN PERMIT.............................................................. 21

2.0 DEFINITIONS

“Abandoned Sign” means a sign located, erected or displayed on property which becomes vacant or unoccupied for a period of ninety (90) days or more, or any sign which pertains to a time, event, or purpose which no longer applies.

“Alteration” means any change to a sign structure or sign face but does not include the changing of copy or type of illumination in compliance with this sign by-law or the replacement of similar parts for maintenance purposes.

“Address Sign” means a Sign on which a copy displays the municipal address or unit number, or combination thereof, of a property on which the sign is located, erected or displayed.

“Animated Sign” means a sign which has any visible moving part, flashing or oscillating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, oscillate or visibly alters in appearance.

“Awning” means a self-supporting retractable or non-retractable structure that is attached to and projects from the exterior wall of a building and is not supported from the ground by poles or structures.

“Awning Sign” means a sign with copy painted or affixed flat to the surface of an awning which does not extend vertically or horizontally beyond the limits of awning. (See also: Under-Awning Sign).

“Balloon Sign” means a lighter-than-air gas-filled balloon that is tethered in a fixed location that is designed to attract attention, that is itself a three-dimensional logo, or that has a sign with a message on its surface or attached in any manner to the balloon.

“Banner Sign” means a temporary, lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically constructed of non-durable materials, including, but not limited to, cardboard, cloth or plastic.

“Billboard Sign” includes every bulletin-board, hoarding, or other sign of a permanent or semi-permanent kind, used or intended to be used for the display thereon or therefrom of advertising material that is pasted, glued, fastened, or otherwise affixed thereto by means permitting its ready removal or replacement.

“Building Face” means all exterior walls of a building facing in the same direction.

“Canopy” means a roof-like structure, un-enclosed by building walls and may be intended to provide shelter. It may be freestanding or project from a building. This definition does not include an awning.

“Canopy Sign” means a sign located, erected or display on a canopy and does not include an awning sign. (Also see: Under-Canopy Sign)

“Changeable Copy Sign” means a sign or portion thereof on which copy, logos or symbols not specifically identified within a permit change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system.

“Character” means any number, letter, symbol or pictogram conveying a message as part of a sign.

“Construction Sign” means a non-permanent sign identifying the persons, firms or business directly connected with a construction project.

“Commercial Real Estate Sign” means any sign advertising the sale, rent or lease of land or buildings in a commercial, industrial, or attached residential zone. (See also: Real Estate Sign)

“Copy” means the words, symbols or images on a sign.

“Directional Sign” means a sign which gives direction or instructions for the control of vehicular or pedestrian traffic and shall include entry and exit sign.

“Election Sign” means a sign used to advertise any person or political party for a public office in a federal, provincial or municipal election.

“Entrance Feature Sign” means a sign located, erected or displayed on a property or premises, at an entrance of a development in a residential, commercial, industrial, or institutional zone for the purpose of identifying the development.

“Erected” means attached, altered, built, displayed, constructed, re-constructed, placed or moved.

“Fence Sign” means and includes any sign painted, pasted, or otherwise affixed to or inscribed directly upon any fence or railing.

“Flashing Sign” means a sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted light source but does not include an automatic changing copy sign.

“Freestanding Sign” means any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face.

“Grade” means the elevation of the ground surface directly beneath a sign.

“Height” means the vertical measurement from grade to the top of the sign or its associated mounting hardware.

“Home Occupation Sign” means a Fascia Sign or Free-standing Sign which is used to advertise a Home Occupation use for which a Business License has been issued by the Municipality.

“Illumination” means lighting by any artificial means whatsoever, and shall include direct, indirect, internal or external source of illumination.

“Inflatable Sign” means an object or sign that is a cold air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device. Inflatable devices are restrained, attached, or held in place by a cord, rope, cable or similar method.

“Lightbox Sign” means a sign made of a translucent surface illuminated from behind, mounted in a metal housing.

“Logo Sign” means a sign which contains no advertising except the logo or name of the company occupying the building; a distinctive commercial design or style or type used to represent a company or trademark and which is attached to a building, structure or freestanding sign. A logo sign can be part of any sign type, such as a wall sign or a freestanding sign.

“Lot Line” means the legally defined limits of any lot.

“Mansard Roof” means any portion of a roof which has a pitch of 30 degrees or less when measured against a vertical plane.

“Mansard Roof Sign” means a sign attached to the slope of a mansard roof.

“Message” means the thought, idea or concept that is communicated or intended to be communicated by a sign.

“Message Area” means the area of characters or logos forming all or part of the sign area, but does not include the non-message portion of a sign area.

“Moving Sign” means a sign the whole or any part of which moves or is intended to move.

“Mural” means painting, illustration or decoration applied or affixed directly to any external wall of a building or structure which does not include any words of advertisement or any other direct or indirect promotional message or content.

“Parapet” means a portion of the building wall that rises above the roof level of the structure.

“Pennant” means any lightweight plastic, fabric, or other material, whether or not containing any message of any kind, suspended from a rope, wire or string, designed to move in the wind, but does not include banners or recognized flags.

“Plaque” means a commemorative or identifying inscribed tablet not including any words of advertisement or any other direct or indirect promotional message or content.

“Portable Sign” means a sign designed to be capable of being readily moved from one location to another and is usually built on a trailer or other solid platform and may include wheels. This definition includes but is not limited to signs commonly referred to as mobile or trailer signs, T-frame, A-frame, sandwich board or sidewalk signs.

“Prohibition Sign” means a sign prohibiting an activity.

“Projecting Sign” means a sign attached to a building wall and projecting horizontally from the building at a right angle.

“Real Estate Sign” means a sign on a lot that advertises that the said lot or lot and buildings are for sale, rent or open for viewing. (See also: Commercial Real Estate Sign).

“Roof Sign” shall mean any sign erected over or above a roof or parapet of a building.

“Sight Line Triangle” means the area bounded by the intersection lot lines at a street corner and a line joining points along said lot line 6m from their points of intersection.

“Sign” means any device, object, surface or other component parts which is or are used or capable of being used as a visual medium to attract attention to a specific subject matter for identification, information or advertising purposes and includes an advertising device or notice.

“Sign Area” means the total area within the outer edge of the frame or border of a sign. Where a sign has no frame, border or background the area of the sign is the area contained within the shortest line surrounding the whole group of letters, figures or symbols of such sign. In the case of a multi-faced sign, each sign face is considered separately. Sign area is calculated by squaring off the outside dimensions of a sign.

“Temporary Sign” means any sign that is displayed or intended to be displayed for a limited period of time.

"Third-Party Advertising" means content on a sign which directs attention to products sold or services provided which cannot be considered as sold or provided on the premises at which the sign is located.

“Under-Awning Sign” means any sign suspended from an awning and entirely under the awning, usually at a right-angle to the building face.

“Under-Canopy Sign” means any sign suspended from a canopy, entirely under the canopy, and usually at a right-angle to the building face.

“Wall Sign” means a sign attached to and parallel to a wall of a building. This sign to include signs located on a parapet, mansard roof and painted signs.

“Warning Sign” means a sign warning of a danger to persons or property.

“Window Sign” means a sign posted, painted, placed or displayed in or on a window. Exposed to public view and shall include an interior sign that faces a window exposed to public view and intended to be seen from outside.

3.0 SIGN DISTRICTS

The municipality is separated into distinct Sign Districts based on zoning characteristics as regulated within Zoning Bylaw No. 900, 2014, unless otherwise indicated.

3.1 Rural Sign District: Covers any zone with Agriculture as a principle use and a minimum lot size of 2ha (20,000m²) or more.

3.2 Detached Residential Sign District: Any zone permitting residential uses in a detached or duplex form only, with a minimum lot size of 0.5ha (5000m²) or less.

3.3 Attached Residential Sign District: Any zone permitting residential uses in a townhouse, rowhouse or apartment residential form but not permitting commercial (mixed) uses.

3.4 Local Commercial Sign District: Any zone permitting commercial uses and a maximum base density of 0.6 FSR or less, but does not include automobile repair, servicing, sales of parts, service station, car wash or any other automobile-related uses.

3.5 Service Commercial and Industrial Sign District: Any zone permitting cold storage plant, warehousing, garden centre, storage yard, wholesale, lumber and building supply yard, automobile repair, servicing, sales of parts, service station, medical marihuana production facility or car wash uses.

3.6 Regional Commercial Sign District: Any zone permitting commercial uses with a base density of 0.8 FSR or more and a lot size of at least 4000m².

3.7 Local Institutional Sign District: Any land under a ‘P-’ zone other than the Regional Institutional Sign District properties.

3.8 Regional Institutional Sign District: The properties containing the View Royal Public Safety Building and the Victoria General Hospital.

4.0 PROHIBITED SIGNS

4.1 The following signs are prohibited in all Sign Districts, unless otherwise specifically permitted within this bylaw:

a) Abandoned signs b) Signs mounted or supported on a balcony c) Balloon Signs d) Billboard signs e) Changeable copy signs, including electronic message board signs f) Fence signs containing words of advertisement or any other direct or indirect promotional message or content g) Flashing signs h) Inflatable Signs i) Moving signs j) Portable signs k) Roof signs l) Signs attached to trees, telephone poles, public benches, streetlights, bridges, pedestrian overpasses, or placed on or projecting into any public property or public right-of-way m) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying that sign n) Signs that obstruct any part of a doorway or fire escape, or otherwise impede, obstruct or impair the free and uninterrupted use and enjoyment of any fire escape, fire exit window, or fire exit door. o) Signs within a Sight Line Triangle p) Third party advertising signs

5.0 SIGNS NOT REQUIRING PERMITS

5.1 No Permit is required for the following signs provided that they are not illuminated and that they meet all applicable regulations within this bylaw:

a) First party signs under 0.5m² not associated with advertising, including: i) Warning signs ii) Directional signs iii) Signs indicating hours and the open/closed status of a business b) Plaques or other signs identifying matters of memorial, commemorative or historical interest under 2m² in sign area. c) Real estate signs displayed in Rural, Detached or Attached Residential Sign Districts with sign area not larger than 1m² and height not greater than 1.5m.

6.0 SIGNS REQUIRING PERMITS

6.1 Commercial Real Estate Signs

a) Must not advertise property in a detached residential zone. b) Must not advertise less than 4 attached residential units. c) Must be free-standing. d) Must not be located or project into manoeuvering aisles, driveways, or Sight Line Triangles. e) Must be renewed every 12 months and each application for renewal must be accompanied by a fee specified within Fees and Charges Bylaw No. 958.

Commercial Real Estate Signs Regulation

6.2 Freestanding Signs

a) Freestanding signs within Rural, Attached Residential or Detached Residential Sign Districts must be associated with a Home Occupation use. b) No freestanding signs are permitted in association with townhouse, rowhouse, or apartment residential uses. c) Free standing signs less than 1m in height are not required to have a minimum clearance between the natural grade and the sign area. d) Where a freestanding sign is no more than 1m in height, and where the message is located not less than 50cm above natural grade, the lower 50cm of such sign may be considered as an element within the landscaping and may be excluded from the sign area calculation, provided the message area does not exceed 50% of the display surface. e) Where any freestanding sign projects over a vehicular traffic area such as parking lot manoeuvring aisles, driveways or sight line triangles, a minimum clearance of 4 metres must be maintained.

Freestanding Signs Regulation

6.3 Logo Signs

a) Character size restrictions do not apply to characters integrated into logos, provided that the character in the logo is not integral to a larger message area. b) Logo Signs are regulated by the type of sign, including total sign area per building face (such as Wall Sign, Freestanding Sign, Projecting Sign) with the following additional regulations:

Logo Signs Regulation

6.4 Overhanging Signs

This section applies to all awning signs and canopy signs. a) For a curved awning surface, the lower half of the perimeter is the signable area, to a maximum of 35% of the awning face. b) The maximum vertical dimension of a sign area in an overhanging sign is 0.5m.

Overhanging Signs Regulation

6.5 Projecting Signs

a) An under-awning or under-canopy sign must not project beyond the awning or canopy to which it is mounted.

Projecting Signs Regulation

6.6 Temporary Signs

a) Notwithstanding the provisions of this Bylaw, Council may, by resolution, permit the placing of temporary signs of a type, and in a location, specified in the resolution for the period of time fixed thereby. b) Temporary sign permits may be renewed by the Director of Development Services, upon application for same by the applicant, for successive periods of up to six months duration after the expiration of the initial temporary sign permit approved by Council resolution. Each request for a temporary sign permit renewal must be accompanied by a fee specified within Fees and Charges Bylaw No. 958.

6.7 Wall Signs (including mansard roof signs, light box signs, window signs, channel lettering signs)

a) Wall Signs within Rural, Attached Residential or Detached Residential Sign Districts must be associated with a Home Occupation use. b) No part of a wall sign can extend beyond the width or height of the wall to which it is attached. c) Lamps and fixtures used to illuminate a wall sign must not project more than 60 cm beyond building faces and must have a maximum clearance of 2.5 metres. d) The message area of a light box sign must not exceed 50% of the area of the sign face.

Wall Signs Regulation

7.0 REGULATIONS FOR ALL SIGNS

7.1 Building Face Area

a) All signs attached to a building are used to calculate the total building face area of signs. b) Building face for the purpose of calculating maximum sign area is calculated as the width of the face up to a maximum of 5m in height, or to the top of building face (whichever is lower).

7.2 Character Size

a) Character size is measured in the vertical dimension in the same manner as sign area measurements. b) The maximum character size as sign in the zone listed in the lefthand column of the following table is the set out in the centre column of the following table, with an allowance for extensions as set out in the righthand column:

Character Size Extension Illustration:

7.3 Illumination

a) Signs must not emit or be lit by light that is brighter than 125 nits between sunset and sunrise (nighttime) and 1000 nits between sunrise and sunset (daytime). b) Light intensity and timing of illumination must be adjustable on all new signs, sufficient to meet the regulations within 7.3.a. c) Illuminated signs must not be mounted at an upwards angle (more than 90 degrees from horizontal). d) External illumination must not project light at an upwards angle (more than 90 degrees from horizontal).

7.4 Construction and Maintenance

a) Every sign with the supports and fastenings therefore must be maintained at all times in a satisfactory condition and so as to render the same safe and secure. b) Every sign must be designed, erected, constructed and maintained to withstand the pressure of a wind having a velocity of 160 kilometres per hour. c) Cables and turnbuckles used or required for the support of a sign must be of corrosion-resistant material. d) The mounting hardware of any permanent sign must not be visible.

8.0 REQUIREMENT FOR A SIGN PERMIT

8.1 Subject to the other terms of this bylaw, no person shall construct, place, alter or move any sign within the Town of View Royal unless: a) that person has applied for and been issued a Sign Permit; or b) the sign in question does not require a permit as per Section 5.0.

8.2 An application for a Permit must: a) be made in the form prescribed by the Chief Administrative Officer or his/her delegate; b) contain all of the information regarding the proposed sign as required within the form, except to the extent that Town Staff have advised the applicant in writing that the information is not required; c) be accompanied by a non-refundable Permit application fee in the amount specified in the Fees and Charges Bylaw.

9.0 ADMINISTRATION

9.1 Except as otherwise provided by this bylaw, the Director is authorized to receive applications for permits and approve, approve subject to conditions, or refuse such applications, and to issue permits in accordance with the provisions of this bylaw.

9.2 The Director, and any Town official authorized by the Director may enter any premises at all reasonable hours in order to inspect any sign installation located therein to ascertain whether the provisions of this Bylaw have been complied with.

9.3 No person may interfere with or obstruct any authorized person seeking entry into or onto any premises for the purpose described in Section 9.2.

READ A FIRST TIME THIS ________ DAY OF _________, 2018 READ A SECOND TIME THIS ________ DAY OF _________, 2018 READ A THIRD TIME THIS ________ DAY OF _________, 2018 ADOPTED THIS ________ DAY OF _________, 2018

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MAYOR CORPORATE OFFICER