Analysis:

From the perspective of local government, the regulation of signs is motivated by the need to ensure public safety and minimize the negative visual impacts of signs in a community. Typical controls are a limit on the number of signs, type, placement and appearance. It is usually not the impact of any one business sign that concerns local government, but the long-term cumulative impact of many private signs. Regulation of signage is a complex area with issues ranging from freedom of expression and business promotion to safety and community aesthetics. In most jurisdictions signage controls attempts to find   a balance between the need for business advertisement with community appearance and travel safety. No doubt that unregulated advertising can result in a proliferation of signage strung along major traffic routes – resulting in a cluttered appearance.

Many communities, including the RDOS, no longer permit third party billboard signage. Efforts to remove business signage will likely be controversial. From a business point of view, signage informs the public about their location and provides a relatively low cost form of advertising. And the sign industry is motivated to sell signage.

All RDOS Zoning Bylaws largely contain the same regulations for Signs. Signs are permitted for a range of uses from home occupations, farm, utility, institutional, commercial and industrial uses, as well as real estate and election signs. Schedule A provides an overview of typical sign regulations. The key signage regulation is that the sign must be located on the property where the use is occurring – signs located on another property are termed “third party” or “off-premises” signs – and these are largely the signs of concern. The RDOS Building Bylaw No. 2333, 2005 does not require a building permit for signs less than 4m2 (43 sq. ft.) Few building permits are issued for sign construction, as sign regulation has not been a priority of the RD in the past. The sign regulations in the Electoral Area Zoning Bylaws appear to be suitable for most rural uses, but some adjustments may be reviewed as we work through the enforcement process. The MTI Ticketing Bylaw and Bylaw Notice provide a fine of $100 for erection of signs in contravention of the Zoning Bylaw.

In September of 2011, 27 sandwich board signs were inventoried in Okanagan Falls – most resulting in a total of about 250 signs. Some general conclusions can be made: • Approximately 35% of signs are for agricultural uses (fruit stands, farm and wineries; • 33% of surveyed signs are for third party business signage; • 24% are of signs are sandwich boards for a range of agricultural and commercial use; • Billboards make up only 5%; It is estimated that about one-half of the existing signage was photographed, suggesting that there are over 400 – 500 private signs along the main traffic routes. While there are signs in all rural areas, the greatest concentration of signs is observed between Oliver and Osoyoos. The Officer notes that the vast majority of the signs identified are posted on the Provincial Highway right-of-way. Of the 220 signs noted above, about 22 signs appear to be on private property and the locations of another 12 are unclear – say about 20% of signs on private property fall under the jurisdiction of the RDOS and some may be consistent with the bylaw. In the following table the top six signage types in the south Okanagan are identified – including Billboards, other third Party signs, fruit stand signage, winery, sandwich board and community entrance signs.

Winery Signs Size: Typically about 2’x4’ • In addition to Highway Service/Attraction signs • One or more signs located some distance from the winery • Typically professional quality • Signage for wineries not fronting on the Highway • Create clutter Winery signs are mainly found between / around Oliver and Osoyoos and along Naramata Road Winery signs totaled 41 signs or 16% of total signage. Sandwich Board Signs Size: Typically around 2’x2’ • Multiple signs scattered in front of commercial properties, wineries or fruit stands. • Unsightly appearance • Parking/access safety concern Along Highway through Okanagan Falls and scattered in other areas, including Naramata Road Of the total of 60 sandwich board signs, about half are in the OK Falls Townsite. This signage type makes up 24% of total signs. Community Entrance Size: Typically small hand-made or a group of winery signs at key intersections • A number of small private signs clustered around a main road intersection with the highway • Visual cluttered appearance • Ineffective Existing community sign area south of OK Falls in highway pull-out area and at entrance to West Bench, Kaleden and Naramata and south of Oliver at Road 8. 

The Regional District has no authority over Highway rights-of-way. Current legislation provides: • Third party signage must not be placed within a right-of-way without a permit – no permits have been issued • Billboards must be placed a minimum of 300 m away from a provincial highway; • The Ministry has authority to remove signs pursuant to Section 16 of the Transportation Act • There is a Service and Attraction program for advertising of commercial businesses along Provincial highways, such as accommodation, fruit stands and wineries with approved highway signage. • Municipalities, under Section 124 (13) of the Transportation Act have the authority, with the approval of the Minister, to regulate, control and prohibit traffic within a Provincial highway, including signage regulation. Whether this applies to Regional Districts or not would require a legal opinion, however RD regulation of highway signage would represent a major change in direction. At this time, the Ministry does not actively pursue removal of non-safety related items, such as signage, abandoned vehicles and debris due to a lack of resources and political will. Without the involvement of the MOTI in enforcement of signage in the right-of-way, RDOS efforts will have limited impact and the majority of signs will remain unaffected. It is recommended that if the Board wishes to take enforcement against signage, that it write to the Minister of Transportation and Infrastructure as well as local MLAs requesting support of enforcement of signage in the right-of-way and work with the RDOS to take action on identified signage concerns.

Alternatives: The present policy is enforcement of signage violations based on written complaints. There have been few complaints on signage in recent years. Taking broad proactive enforcement action and consulting with local stakeholder groups will require additional staff and other resources that can be considered by the Board during the Budget process. There are a number of alternative sign enforcement strategies that the Board could pursue as follows: o No enforcement of current sign regulations; o Active enforcement of private property signs that are non-compliant. This is a significant task considering the large number of off-premises signs and will likely create a considerable back-lash from local businesses; o Require that no sign may lawfully be displayed without first obtaining a permit. This would greatly assist the Regional District in achieving compliance with sign regulations; however, this may prove difficult in a large rural area and may be seen to be overly regulatory. There will also be the complication of establishing non-conforming rights for pre-existing signs. o Conduct an opinion survey to gauge public views and support for enforcement action; o Establish a Signage Committee comprised of agricultural industry, tourist and other business, real estate and public representatives to develop a consensus on a signage vision, guidelines and bylaw amendments for the South Okanagan. It is expected that the Committee will face many challenges and require considerable time.

Signage Regulations in Okanagan Valley Zoning Bylaws All RDOS Zoning Bylaws largely contain the same regulations for Signs. Signs are only permitted for the following purposes and with the following sizes: • For home occupations, home industry, and private visitor accommodation – maximum size of 0.6m2 • To denote the name and/or address of owner – maximum size of 0.6m2 • For real estate for sale or rental – 1 per parcel, not to exceed an area of 3.0m2 nor 3.0m high • Sale of agricultural products grown on the parcel –1 per parcel, not to exceed an area of 3.0m2 nor 3.0m high • To denote a public utility use or company – 1 free-standing or fascia sign not to exceed an area of 23 m2 nor 4.0m high • To denote a church or community use – 1 free-standing or fascia sign not to exceed an area of 7.5 m2 nor 6.5m high • To advertise a commercial, administrative, institutional use – 1 free-standing or fascia sign not to exceed an area of 23 m2 nor 6.5m high • For election purposes from date of election to 5 days after election day Signs must be located 1m from a property line. All above signage (except election signage) is to be located on the site where the use is occurring. By omission, no billboards or third party signs are permitted. These signs advertise a product or a use not located on the subject property.