Chapter 152

The City Council further determines and takes public notice that this chapter, by the actions as set forth hereinabove and below, is in compliance with the Comprehensive Plan of the city, the public hearing process conducted by the City Planning Commission on March 3, 2010, prior to its recommendation from the Planning Commission and receipt thereof by the Council, and by the public hearing process conducted by this Council prior to its adoption of this chapter.

(’91 Code, § 8-5.1.020) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10)

152.03 PURPOSE AND INTENT.

(A) Purpose. The purpose of these standards is to provide reasonable and necessary regulations for the erection and maintenance of signs in order to:

(1) Protect the health, safety, property and welfare of the public.

(2) Promote a neat, clean, orderly and attractive appearance within the city.

(3) Improve the effectiveness of signs in identifying and advertising businesses and facilities.

(4) Eliminate signs that demand, rather than invite, public attention.

(5) Provide for reasonable, orderly and effective display of outdoor advertising compatible with their surroundings.

(6) Preserve, protect and enhance the economic, scenic, historic and aesthetic values and objectives of the city and its citizens.

(7) Provide effective signing to meet the anticipated differing needs of various areas in the city.

(B) Intent. It is not the intent of this chapter to regulate the written or depicted copy of any individual sign, but only the height, area, location and other similar aspects of signs and sign structures. Nor is it the intent of this chapter to regulate purely graphic material as herein defined: noncommercial holiday signs and decorations; signs on products, product containers or product dispensers; public informational and safety signs; or signs required by local, state or federal law. It is the intent of this chapter to regulate signs in a manner as to provide that permitted signs are as follows:

(1) Compatible with their surroundings, pursuant to objectives of proper design and zoning amenities.

(2) Allowing and promoting optimum conditions for meeting the sign user’s needs, while at the same time promoting the amenable environment desired by the general public.

(3) Designed, constructed, installed and maintained in a manner that they do not endanger public safety or traffic safety.

(4) Legible, readable and visible in the circumstances in which they are used.

(5) Respectful of the reasonable rights of other advertisers whose messages are displayed.

(’91 Code, § 8-5.1.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10)

152.04 TERMINOLOGY.

The word "city" shall mean the City of Prineville, Oregon. The words "City Council" shall mean the City Council of Prineville, Oregon. The words "Manager," "Planning Director" and "Building Official" shall mean the Manager, Planning Director and Building Official respectively of the City of Prineville. The words "Planning Commission" shall mean the Prineville Planning Commission.

(’91 Code, §§ 8-5.2.010, 8-5.2.020) (Ord. 824, passed 11-27-79; Am. Ord. 1138, passed 1-9-07; Am. Ord. 1171, passed 4-27-10. Formerly 152.06(B))

152.05 GENERAL DEFINITIONS.

For the purposes of this chapter, words used in the present tense include the future, the singular includes the plural, the word "shall" is mandatory and the word "building" includes structures other than sign structures.

(’91 Code, §§ 8-5.2.010, 8-5.2.020) (Ord. 824, passed 11-27-79; Am. Ord. 1138, passed 1-9-07; Am. Ord. 1171, passed 4-27-10. Formerly 152.06(A))

152.06 SPECIFIC DEFINITIONS.

The following words and phrases used in this chapter have the meanings given to them in this section:

ANIMATION. Any form of movement by electric, mechanical or kinetic means including, but not limited to, rotation, revolving or wind activation of all or a portion of sign, or incorporating flashing, sequencing or intermittent light for sign illumination.

ARTERIAL. A restricted access street of substantial continuity which is primarily a traffic artery for inter-communication and so designated by the City of Prineville.

AWNING. A structure attached to a building, projecting over a thoroughfare or entrance.

BANNER. Flexible sign characteristically hung on a building, or otherwise suspended down or along its face or suspended by a freestanding support structure. The banner may include text or other graphic symbols.

BANNER, SPONSORED. A banner that is provided by a business not specifically located on the site in which it is displayed. A logo or advertisement for the sponsoring business may encompass no more than 20% of the area of the banner. Any logo or advertisement for an off-premises business that exceeds this amount shall be considered an off-premises sign which is prohibited.

BENCH SIGN. Any sign painted on or otherwise attached to a bench or other seat placed in a public right-of-way or meant to be seen by the public.

BILLBOARD. A sign structure subject to the provisions of the Oregon Motorist Information Act of 1971 and erected for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises the billboard is located on.

BUILDING CODE. Current codes adopted by the State of Oregon Building Codes Division.

BUSINESS. All of the activities carried on by the same legal entity on the same premises and shall include, but not be limited to, service, commercial and industrial uses and fraternal, benevolent, education, government and social organizations.

BUSINESS COMPLEX. One property ownership with the property owner and one or more business tenants as occupants or two or more business tenants as occupants of the property. In a business complex, business tenants include retail shops, executive or administrative services including medicinal clinics and accessory pharmacies, professional offices, and personal service establishments which perform personal services on the premises and similar uses.

CANOPY. A permanent roofed structure which may be freestanding or partially attached to a building for the purpose of providing shelter to patrons in automobiles or on foot, but shall not mean a completely enclosed structure.

CHARITABLE EVENT. A fund-raising activity that supports a public or nonprofit organization; also a private initiative to raise support for an individual, group or cause that does not directly generate income for the business or individual conducting the fund-raiser.

CLEAR VISION AREA. As defined by the City of Prineville Land Use Code.

COMMUNITY EVENT. A festival, meeting, performance, open market or other gathering open to the general public that is public in nature and not hosted by an individual business.

CUTOUT. A display in the form of letters, figures, characters, or other representations in cutout or irregular form attached to or superimposed upon an advertising sign.

DISPLAY SURFACE. The area made available by the sign structure for the purpose of displaying a message or image thereon.

EAVE. Lowest horizontal line of any roof.

ERECT. To construct, paint, place, affix or otherwise bring into being.

FACADE. Any side of a building. For the purposes of this chapter, FACADE may refer to the entire side of a building or individual segments distinguished by architectural features or uses.

FRONTAGE, BUILDING. That facade of a building which faces and is parallel to, or most nearly parallel to, the public street which provides the primary direct vehicular access to the building.

FRONTAGE, STREET. A lot line fronting a public street.

INCOMBUSTIBLE MATERIAL. A material that will not ignite at or below a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature. The test for an incombustible material shall be conducted as specified in the Building Code.

KIOSK. A small, freestanding structure which may have one or more surfaces used to display advertising or to identify or index a business or businesses.

MARQUEE. A permanent roofed structure attached to or supported by a building, but does not mean a "canopy" as defined herein.

NONSTRUCTURAL TRIM. A molding, batten, cap, nailing strip or stringer, lattice, cutout, letter or walkway attached to a sign structure.

PARAPET or PARAPET WALL. That portion of a building that rises above the roof level.

PERGOLA. A structure usually consisting of parallel colonnades supporting an open roof of girder and cross rafters, also known as an arbor, trellis or ramada.

PERSON. An individual, corporation, partnership, association, joint venture, or other legal entity.

PROMOTIONAL EVENT. An activity conducted by a business for a limited time that is intended to highlight specific goods and/or services offered by the business.

ROOF LINE. The line which marks the highest point of the vertical front of a building in the case of a false front, or the line where the roof is joined to the vertical front wall of the building in other cases.

SHOPPING CENTER. A site planned and developed as a unit with an undivided, nonsegregated parking area and advertised as a center or mall and has multiple occupancy by businesses.

SIGN. A sign is any object or device or part thereof situated outdoors or indoors which is used to advertise or identify an object, person, institution, organization, business, product, service, event or location by means including pictures, colors, motion illumination or projected images. Signs do not include the following:

(1) Flags of nations, or an organization of nations, states and cities, fraternal, religious and civic organizations.

(2) Merchandise, pictures or models or products or services in a window display.

(3) Time and temperature devices not related to a product.

(4) National, state, religious, fraternal, professional and civic symbols or crests.

(5) Works of art which in no way identify a product.

SIGN - AWNING or CANOPY. A sign located on or attached to an awning or canopy.

SIGN - DIRECTIONAL. An on-premises sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, motor vehicle route, telephone or similar place, service or route.

SIGN - DIRECTORY. A sign giving the name, address number or location of the occupants of a building or buildings.

SIGN - FREESTANDING (POLE SIGN). A sign supported by one or more uprights or braces and not attached or incidentally attached to any building or structure and cannot be identified as a ground mounted sign with one exception as shown, being no wider than five feet. The sign area calculation of such a sign shall include the entire structure. This essentially allows for a greater height of a sign that would otherwise be defined as a ground mounted sign.

SIGN - GROUND MOUNTED or MONUMENT. A sign which is not attached to any structure or building, and has a support which places the bottom thereof less than four feet from the ground.

SIGN - INTERNALLY ILLUMINATED. A sign which is wholly or partially illuminated by an internal light source from which source light passes through the display surface to the exterior of the sign.

SIGN - MOBILE SIGN. Any sign which is mounted or designed for mounting on wheels, or which is mounted or designed for mounting on self-propelled or towed vehicle, and the primary purpose of which is advertising.

SIGN - MOTOR VEHICLE DIRECTIONAL. A sign identifying motor vehicle entrances or exits to or from the premises on which the sign is located.

SIGN - NONCONFORMING (ILLEGAL). A sign erected after the adoption of the ordinance codified in these standards that does not conform to the provisions of this chapter.

SIGN - NONCONFORMING (LEGAL). A sign erected prior to the adoption of the ordinance codified in these standards that does not conform to the provisions of this chapter.

SIGN - OUTDOOR ADVERTISING. A sign which advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located.

SIGN - PARAPET or PERGOLA. Any sign or other commercial graphic attached to a parapet, ramada, pergola or other similar structure.

SIGN - PORTABLE. Any sign or other graphic which is designed to be or is capable of being transported from one place to another.

SIGN - PROJECTING. A sign which extends perpendicular or nearly perpendicular from the building face to which it is attached.

SIGN - ROOF SIGN. A sign located on or above the roof of any building, not including a false mansard roof or other fascia.

SIGN - TEMPORARY SIGN. A banner, pennant, poster or advertising display intended to be displayed for a limited period of time.

SIGN - WALL SIGN. A sign painted or otherwise affixed to the face of a building, marquee, or roof overhang parallel to such face and extending not more than 18 inches therefrom.

TENANT. Entity with the right to temporarily possess another’s property in exchange for rent under a lease or similar arrangement.

ZONE. A zoning district established pursuant to the City of Prineville Zoning Standards.

(’91 Code, §§ 8-5.2.010, 8-5.2.020, 8-5.8.070) (Ord. 824, passed 11-27-79; Am. Ord. 1138, passed 1-9-07; Am. Ord. 1171, passed 4-27-10)

GENERAL PROVISIONS AND PROCEDURES

152.10 GENERAL PROVISIONS.

(A) Except as provided in this chapter, no person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter.

(B) No person in control of any premises within the city shall permit thereon any sign which violates the provisions of this chapter.

(C) Nothing in this chapter is intended to, nor shall permit, the erection or maintenance of any sign at any place or in any manner unlawful under any other city ordinance or state or federal law.

(D) This chapter shall not be construed to relieve from or lessen the responsibility of any person or persons constructing, erecting, installing, operating, owning or leasing a sign within the city limits for damages to anyone injured by any defect therein, nor shall the city or any agent thereof be held as assuming any liability by reason of the approval and issuance of a permit authorizing construction, erection or installation of same.

(E) No sign shall be attached to or placed against a building or other structure in such a manner as to prevent or inhibit ingress or egress through any door or window required or designated for access to any building, nor shall any sign obstruct or be attached to a fire escape.

(F) No sign or other street graphic other than a city or other public agency sign shall be allowed to be erected, installed, replaced, or maintained in, over or on any public rights-of-way, including parkways, except as provided in §§ 152.21 and 152.44.

(G) Any sign or other street graphic which is supported by more than one means and therefore cannot be clearly defined as a ground, marquee, wall, roof, projecting, or other sign shall be administratively assigned to the sign category most logically applicable and the appropriate standards applied.

(’91 Code, §§ 8-5.1.040, 8-5.8.080) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.04, 152.41)

152.11 SIGN PERMIT.

Except as provided in § 152.14, no sign shall be erected, structurally altered or relocated until a sign permit has been issued.

(’91 Code, § 8-5.5.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.20(A))

152.12 PROCEDURE.

(A) Applications for a sign permit shall be made in writing upon forms furnished by the city. Such applications shall include a scale drawing of the sign including dimensions, height and materials and showing its relationship to the ground or to any building or structure to which the sign is proposed to be installed or affixed. When appropriate, a plot plan drawn to scale shall be submitted which indicates the location of proposed signing relative to street and property lines. Prior to the issuance of a sign permit, the Building Official may review the construction aspects of the proposed sign. The City Manager or designee may require other pertinent information where, in their opinion, such information is necessary to determine compliance with the provisions of these standards.

(B) The city shall issue a permit for a sign covered by applications duly made unless the sign is in violation of the provisions of this chapter. Sign permits mistakenly issued in violation of these standards are void.

(C) The city may revoke a sign permit if the city finds that there was a material and misleading false statement of fact in the application for the permit.

(D) A sign permit shall be null and void if work for which the permit was issued has not been completed within a period of six months of the date of issuance of the permit.

(E) Where an electrical permit for a sign installation is required, it shall be obtained from the Building Department prior to making the final electrical connection from the sign to the electrical power source.

(’91 Code, § 8-5.5.020) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.21)

152.13 SIGN MEASUREMENT.

(A) The following criteria shall be used in measuring a sign to determine compliance with this chapter:

(1) Area of a sign. Area of a sign is the area within any perimeter which encloses the limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or the area of a sign having an irregular shape shall be computed by enclosing the surface area within a known geometric shape or shapes. The area of all signs in existence at the time of the enactment of the ordinance codified in these standards, whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all new signs to be allowed for an individual business or premises. Where a sign is of a three dimensional or round or irregular solid shape, the largest cross-section shall be used as though it were a flat surface to determine sign area.

Examples:

(2) Individual sign elements. When signs are constructed of individual elements such as lettering attached directly to the building, the sign area is calculated by an imaginary rectangle around each element or phrase that is distinctly separate.

(3) Clearance. Clearance of a sign is measured from the average grade at the ground or curb line to the lowest point of the sign.

(4) Height. Height is measured from the grade of the curb line closest to the base of the sign to the highest point of the sign. In the absence of a curb line, the edge of the street pavement shall be used.

(B) Area of front building facade. When the area of the front building facade is used to determine sign area, said area shall be computed by multiplying the width of the building frontage or portion thereof by the height of the building or portion thereof which is devoted to the particular business. "False fronts" and mansard roofs may be included when calculating the area of the building facade.

(Ord. 1171, passed 4-27-10)

152.14 PERMIT EXCEPTIONS.

The following signs or procedures shall not require a sign permit. However, these signs shall be subject to the provisions of §§ 152.21, Temporary signs (no permit required), and 152.22, Prohibited signs.

(A) Exempt signs listed in § 152.20.

(B) Temporary signs listed in § 152.21.

(C) The changing of advertising or message on an approved painted or printed sign or sign specifically designed for the use of replaceable copy, except for changing the name of the business or use advertised.

(D) The painting, repainting, cleaning and normal maintenance and repair of an existing sign.

(’91 Code, § 8-5.5.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.20(B))

EXEMPT, TEMPORARY AND PROHIBITED SIGNS

152.20 EXEMPT SIGNS.

The following signs are exempt from this chapter:

(A) Institutional signs. Any sign or bulletin board setting forth or denoting the name of any public, charitable, fraternal or religious institution, when located on the premises of the institution, provided the sign or bulletin board shall not exceed 32 square feet in surface area. Reader board signs are permitted with a maximum surface area of 32 square feet, either wall mounted or pole mounted, with the maximum height of a pole sign being eight feet from the ground or curb line to the base of the reader board.

(B) Public signs. Signs of a public, noncommercial nature, which shall include safety signs, danger signs, no trespassing signs, memorial plaques, historical markers, kiosks and all signs erected by a public officer in the performance of a public duty.

(C) Noncommercial nature. Provided, however, the permitted area for said signs shall be subject to the area and location requirements of the pertinent zone in which they are located.

(D) Directional signs. Provided they are in compliance with § 152.47, Directional signs.

(E) Historic signs. Signs determined to have historical value as determined in accordance with § 152.71.

(F) Memorial signs and tablets. Nonilluminated memorial signs or tablets indicating the name of a building or date of erection, not exceeding two square feet in surface area, which are part of the building construction, or are attached as wall signs.

(G) Residential. Signs for individual dwelling units such as name plates, residential garage or yard sale signs, neighborhood watch or speed signs or the like.

(H) Name plates and directories. Nonilluminated name plates and building directories relating only to the address, location and use of occupancy of the building to which attached and not exceeding 12 square feet of surface area, which are part of the building construction, or are attached as wall signs.

(I) Small signs. Signs not exceeding six square feet in area; also a commercial wall sign not exceeding 16 square feet in area provided it is the only sign over six square feet on the building or in the case of a mall the leasable tenant space. These signs shall not cause a business to exceed the requirements of this chapter.

(J) Daily advertising. Signs taken in at night advertising commercial sales such as sandwich boards not exceeding eight square feet per side and one per business. Signs are allowed within the public right-of-way (not street) provided they do not block vehicle or pedestrian ways, or clear vision areas and shall be placed to meet ADA standards and to minimize any other possible conflicts with vehicles or pedestrians.

(K) Interior signs. Signs designed primarily to be viewed from a sidewalk or street when maintained inside a building, including, but not limited to, signs attached to or painted on the window.

(L) Machine signs. Signs on coin-operated vending machines, gasoline pumps, and telephone booths and not exceeding the dimensions of said machines.

(M) Mural. Graphics that do not advertise any business, commercial product or service; provided, however, graphics covering more than 32 square feet of a building facade shall be subject to review by the Planning Commission.

(N) Seasonal decorations. Seasonal decorations shall be permitted for annual and/or special community events, including but not limited to the carnival, rodeo and Christmas season activities. These decorations may be on public or private property, providing the decorations are safely maintained. When on public property, approval of the City Manager or its designate is required, along with the appropriate public body owning the property.

(O) Seasonal signs. Seasonal signs shall be permitted for Christmas tree sales lots during the period from December 1 to January 1 and for fireworks sales during the period from June 24 to July 6, provided the sign shall not exceed 32 square feet in surface area.

(P) Off-premises. Commercial advertising signs located within recreational athletic fields, parks, arenas, and other public property operated by public or nonprofit civic organizations; provided, however, that the signs face inward toward the respective athletic fields and do not extend above any of the perimeter fences. These signs shall be nonilluminated, and shall not have any flashing or animated components.

(Q) Emergency. Any sign placed during an emergency operation as declared by the City Manager or designee or by any city, state or federal law enforcement or public safety official. Such signage shall be specifically for the direction and management of emergency personnel, victim’s assistance, and/or directions for the general public.

(R) Wind activated or attention attracting devices. Such as balloons, inflatables, streamers and the like shall be regulated on a case-by-case basis by the City Manager or designee, appealable to City Council, to mitigate a nuisance or abuse of the exemption law.

(’91 Code, § 8-5.3.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.07)

152.21 TEMPORARY SIGNS (NO PERMIT REQUIRED).

The following signs are allowed according to the terms specified herein:

(A) Construction signs. Signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction or renovation of a building. Said signs shall be located on the site of construction, shall not exceed 32 square feet in area and shall be removed within 14 days of the beginning of the intended use of the project.

(B) Real estate. Signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed up to a total area of 24 square feet, except for such signs in a residential zone which shall not exceed a total of six square feet. Such signs shall not be located in such a manner as to cause a public safety hazard and shall be removed within 14 days of the sale, rental or lease.

(C) Off-premises real estate. Signs for the purpose of directing the public to the sale of multiple residential properties only with written permission of the property owner to include the city for signs erected in the public right-of-way and limited to:

(1) A maximum of five off-premises signs.

(2) Eight square feet in area except one of the five permitted signs may be allowed up to 16 square feet if on an arterial road.

(3) Up to one year after final phase is constructed.

(4) Signs in public right-of-way (not street) shall not block vehicle or pedestrian ways, or clear vision areas and shall be placed to meet ADA standards and minimize any other possible conflicts with vehicles or pedestrians.

(D) Public street banners. Banners advertising public entertainment or an event. Such banners and their location shall be approved by the City Manager or designate. Street banners may be displayed for 14 days before and seven days after the event.

(E) Land development. Signs pertaining to the sale, lease, rent or development of a subdivision, office complex, shopping center, industrial park or similar parcel are allowed up to one year after final phase is constructed. Size of signs shall be controlled by the following schedule:

PROJECT SIZE	TOTAL # OF SIGNS	MAXIMUM AREA PER SIGN
2 acres or less	1/street frontage	32 sq. ft.
over 2 acres	2/street frontage	96 sq. ft.

(F) Promotional banners. Signs associated with a promotional event of a business. Such banners shall be in compliance with the following standards:

(1) A business may display a banner or banners 14 days prior and seven days after the event.

(2) Exceptions. The following shall be exempt from the restrictions listed above:

(a) Banners used as permanent signage that are approved through the regular sign review process under the condition that such banners are contained by a permanent frame.

(b) A business may utilize banners as its primary signage for the first 60 days of operation. The total area for these banners shall be within the signage area that would generally be allowed for permanent signage.

(G) Reader boards. Portable reader boards only when associated with a promotional event of a business may be displayed for a maximum of 30 days in any calendar year.

(H) Political. Campaign signs on private property that pertain to a certain election date shall be removed within ten days after the election to which the signs pertain.

(I) Nonprofit. Signs identifying or advertising a nonprofit civic, charitable or benevolent event not exceeding 32 square feet may be erected on- or off-premises for the period not to exceed two weeks before the event advertised. All signs shall be removed by the sponsoring organization no later than seven days following the event.

(J) Garage sale. No signs may be placed on any utility pole or regulatory sign or post. No signs shall be placed in the street. Signs may be placed on private property with permission of the property owner. Each sign must have the name and address of the person conducting the garage sale advertised by the sign. All signs must be removed by 8:00 p.m. of the last day of the garage sale. Signs may not be displayed more than one day prior to the day the garage sale commences.

(K) Directional noncommercial. Signs used to direct people to personal events that are removed the following day such as weddings, funerals, birthdays, anniversaries, etc. These signs may be allowed in the public right-of-way (not street) provided they meet ADA accessibility standards and do not block vehicle or pedestrian ways, or clear vision areas and shall be placed to minimize any other possible conflicts with vehicles or pedestrians.

(L) No temporary sign, other than signs installed by a public agency, advertising a community event or specifically allowed by this chapter shall be allowed in or over the public right-of-way or attached to any public property, including street trees, light poles, and other utilities and/or structures unless specifically allowed by this chapter.

(Ord. 1171, passed 4-27-10)

152.22 PROHIBITED SIGNS.

The following signs are prohibited:

(A) Signs which bear or contain statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency as determined on a case-by-case basis by City Council.

(B) Signs which purport to be, or are an imitation of, or resemble official traffic signs or signals, or which bear the words "stop," "go slow," "caution," "danger," "warning" or similar words.

(C) Signs which, by reason of size, location, movement, content, coloring or manner of illumination, may be confused with or construed as traffic control devices; or which hide from view any traffic or street sign or signal.

(D) Signs which are located so as to substantially obstruct the view of a sign on adjoining property.

(E) Signs which advertise or publicize an activity, business, product or service not conducted on the premises upon which the signs are maintained unless specifically allowed in this chapter.

(F) Signs that contain, include or are illuminated by any rapidly flashing, intermittent, revolving, rotating or moving lights or move or have any animated moving parts that are considered distracting to drivers evaluated on a case-by-case basis by the City Manager or designee appealable to City Council. Traffic control signs or signs providing public service information such as time, date, temperature, weather or similar information are not considered distracting.

(G) Signs that are placed on, affixed to or painted on a motor vehicle or trailer and placed on public or private property for the primary purpose of providing a sign not otherwise permitted by these standards. Signs on vehicles used in the normal course of business shall not be subject to this provision.

(H) Signs or sign structures that create a hazard by obstructing clear view of pedestrian and vehicular traffic.

(I) Any small sign, generally of a temporary nature, tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences or buildings or other structures, where the information appearing thereon is not applicable to the present use of the premises upon which sign is located.

(J) Except as provided for in §§ 152.30 through 152.33, billboards and all other signs which advertise a commercial activity, business, product or service which are not provided, sold, manufactured or distributed on or from the premises on which the billboard or sign is located.

(K) Are not otherwise in conformance with the provisions of these standards.

(’91 Code, § 8-5.4.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.08)

SIGNS PERMITTED BY ZONES

152.30 SIGNS PERMITTED IN THE OPEN SPACE PARK RESERVE ZONE.

No signs shall be permitted in this zone except as provided in this section.

(A) Sign type and area. One wall or ground mounted sign shall be permitted, not to exceed 32 square feet in area and ten feet in height.

(B) Context. Signs in these zones shall be identity signs only, containing information directly pertaining to the permitted use.

(C) Location. Signs shall be erected no closer than five feet from a street right-of-way, shall be a minimum of 25 feet from an adjacent lot and shall be placed on the property upon which the use is located.

(D) Illumination. No sign permitted in this section shall be illuminated, with the exception of a public information reader board for community events and emergency information.

(E) Directional signs subject to the provisions of § 152.47.

(Ord. 1171, passed 4-27-10)

152.31 SIGNS IN RESIDENTIAL ZONES.

No signs shall be permitted in any residential zones except as provided in this section.

(A) Multiple-family dwellings. For multiple-family dwellings, one sign not to exceed 32 square feet in area shall be permitted per project. Such signs shall be a wall or ground mounted type.

(B) Subdivisions, PUDs and mobile home parks. For subdivisions, PUDs and mobile home parks, one ground mounted sign per entrance not to exceed 32 square feet in area shall be permitted.

(C) Commercial uses. A commercial use, in a residential zone, may have one wall or ground mounted sign not to exceed 32 square feet in area and may have a building directory sign provided in the area if such a sign does not exceed one square foot per use of the building.

(D) Illumination. Signs in a residential zone shall only be externally illuminated and shall not direct light into neighboring properties or right-of-way.

(E) Directional signs subject to the provisions of § 152.47.

(F) Awnings and canopies subject to the provisions of § 152.45.

(’91 Code, §§ 8-5.9.010 - 8-5.9.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.71 - 152.73)

152.32 SIGNS PERMITTED IN GENERAL COMMERCIAL ZONES.

This section shall apply to all signs in the Central Commercial C-1 Zone, General Commercial C-2 Zone, Professional Commercial C-3 Zone, Neighborhood Commercial C-4 Zone and Recreation Commercial C-5 Zone. No signs shall be permitted in these zones except as provided in this section.

(A) Wall signs, primary tenant or owner. The maximum sign area permitted per building facade or tenant facade shall be two square feet per one linear foot of storefront width, or 8% of the square footage of that facade, whichever is greater.

(lineal feet x 2) = Max sq. ft.

(B) Roof sign. In lieu of a wall sign under subsection (A) of this section, a roof sign is subject to the provisions of § 152.41.

(C) Freestanding (pole signs) and ground mounted signs. In addition to the requirements of subsection (A) of this section, one freestanding or ground mounted sign per lot shall be permitted subject to the requirements of §§ 152.42 and 152.43 respectively. Any existing pole sign as of the approval of this chapter may remain until removed.

(D) Projecting sign. Signs subject to the provisions of § 152.44.

(E) Directional signs subject to the provisions of § 152.47.

(F) Awnings, canopy and marquee signs subject to the provisions of §§ 152.45 and 152.46 respectively.

(G) Alley sign. Limited to a wall sign of six square feet in area used to identify a business. Such sign shall be located at each entrance and shall not be located on the same fascia as any other sign except another alley sign.

(H) Building directory signs limited to three square feet per use.

(I) A business complex or shopping center may have one ground mounted sign or freestanding sign for each street frontage subject to the provisions of §§ 152.42 and 152.43 respectively. Such signs shall be used to identify the name of the complex or center and may also be used to identify the individual businesses that are located within the complex or center. Each separate building within the complex or shopping center may have one ground mounted or wall sign identifying the businesses located within that building subject to § 152.40 or 152.43.

(J) A business or building abutting a public right-of-way such as a sidewalk shall be permitted one projecting sign in addition to a wall sign subject to the requirements of § 152.44.

(’91 Code, §§ 8-5.9.040 - 8-5.9.080) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.74 - 152.78)

152.33 SIGNS PERMITTED IN INDUSTRIAL ZONES AND AIRPORT ZONES.

This section shall apply to all signs in the Limited (Light) Industrial M-1 Zone, General (Heavy) Industrial M-2 Zone and Industrial Park M-3 Zone. This section shall also apply to all airport zones unless specifically regulated by that zone. No signs shall be permitted in these zones except as provided in this section.

(A) Wall sign. For each permitted or conditional use in an industrial zone, the maximum permitted sign area on a building shall not exceed 10% of the area of the building facade or tenant facade on which the sign is placed; provided, however, in no case shall the maximum permitted signage exceed 350 square feet and in no case shall more than two wall signs be permitted per use.

(B) Ground mounted signs. In addition to the provisions of subsection (A) of this section, one ground mounted sign shall be permitted for each street frontage which provides direct vehicular access into the site, subject to the requirements of § 152.43.

(C) Freestanding signs. In lieu of ground mounted signs as permitted in subsection (B) of this section, an industrial property may have one freestanding sign subject to the requirements of § 152.42.

(D) Projecting sign. Signs subject to the provisions of § 152.44.

(E) Directional signs subject to the provisions of § 152.47.

(F) Awnings, canopy and marquee signs subject to the provisions of §§ 152.45 and 152.46 respectively.

(G) Building directory sign limited to three square feet per occupant.

(H) Billboards allowed under § 152.48 shall be permitted in the (M) Zones.

(I) Industrial business complex. An industrial business complex may have one ground mounted sign or freestanding sign for each street frontage subject to the provisions of §§ 152.42 and 152.43. Such signs shall be used to identify the name of the complex and may also be used to identify the individual businesses that are located within the complex. Each separate building within the complex may have one ground mounted sign identifying the businesses located within that building subject to the provisions of § 152.43 or a wall sign as permitted in subsection (A) of this section subject to § 152.40.

(’91 Code, §§ 8-5.9.090, 8-5.9.100) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.79, 152.80)

SIGNS REGULATED BY CLASS

152.40 WALL SIGNS.

A sign painted or otherwise affixed to the face of a building, marquee, or roof overhang parallel to such face and extending not more than 18 inches therefrom.

Unless otherwise specified in these standards, the following criteria shall be applicable for attached wall signs:

(A) Wall signs shall not project more than 18 inches from the wall to which they are attached. A wall sign located on an alley frontage may not project into the alley below a clearance of 14 feet, six inches.

(B) Wall signs shall not project more than three feet above the eave line or roof line.

(C) Wall signs attached to the face of a marquee shall not exceed a height of 30 inches. The lower edge of such sign shall not extend below the marquee.

(D) A wall sign shall not project beyond the ends of the wall to which it is attached.

(E) Wall signs shall be located on the building facade which is used to determine the allowed sign area for that facade.

(’91 Code, § 8-5.8.020) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.56)

152.41 ROOF SIGNS.

A sign extending vertically from the roof of any building, not including a false mansard roof or other fascia. No signage, symbols, or logos shall be placed, painted, or made part of the roof.

In lieu of a wall sign, one roof sign may be permitted for a single story building only; provided, that it extends vertically from the roof no more than six feet above the roof line or 25 feet above the curb line. A roof sign may not exceed 50 square feet in area. The supporting members of roof signs shall appear to be free of any extra bracing, angle iron, guy wires, etc. All supports shall appear to be an architectural and integral part of the building.

(’91 Code, § 8-5.8.040) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10; Am. Ord. 1229, passed 2-28-17. Formerly 152.58)

152.42 FREESTANDING (POLE) SIGNS.

A sign supported by one or more uprights or braces and not attached or incidentally attached to any building or structure and cannot be identified as a ground mounted sign.

Unless otherwise specified in these standards, the following criteria shall be applicable for all freestanding signs.

(A) Freestanding signs may not exceed 25 feet in height. Such signs may contain one square foot of sign area for each two lineal feet of street frontage, not to exceed a maximum area of 150 square feet.

(lineal feet x 0.5) = Max sq. ft.

(B) Freestanding signs shall not be located in a side yard common to another lot or within a rear yard. A freestanding sign may extend to the street right-of-way within a front yard subject to a minimum clearance of eight feet. In the case of a double frontage lot where the building abuts two parallel streets, one freestanding sign may be located on each frontage. In the case of a corner lot where the building abuts two perpendicular streets, one freestanding sign shall be allowed. The street frontage where the sign is located shall be used to determine the size unless placed in the corner the larger of the two may be used.

(C) No freestanding sign shall project or extend into any clear vision area. One of two sign poles supporting a freestanding sign may be located within a clear vision area if it is necessary for the support of the sign, provided it does not exceed a width of 12 inches and provided no other portion of the sign is located within the clear vision area eight feet above grade.

(’91 Code, § 8-5.8.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.57)

152.43 GROUND MOUNTED OR MONUMENT SIGNS.

A sign which is not attached to any structure or building, and has a support which places the bottom thereof less than four feet from the ground.

The following criteria shall be applicable for a ground mounted or monument sign:

(A) A ground mounted or monument sign shall not be located within ten feet of any other sign, within any street right-of-way, or within any clear vision area.

(B) No more than one ground mounted sign shall be permitted for each street frontage. Unless otherwise specified in these standards, ground mounted signs shall have maximum overall dimensions and area not exceeding any of the following:

(1) A maximum height of 15 feet.

(2) May contain one square foot of sign area for each two lineal feet of street frontage, not to exceed a maximum area of 150 square feet.

(lineal feet x 0.5) = Max sq. ft.

(’91 Code, § 8-5.8.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.57)

152.44 PROJECTING SIGNS.

A sign which extends perpendicular or nearly perpendicular from the building face more than 18 inches to which it is attached.

The following criteria shall be applicable for a projecting sign. Projecting signs shall be allowed according to the following provisions:

(A) The square footage must be deducted from the allowable wall sign area of the building from which the projecting sign will be attached.

(B) Only one face of a double-faced projecting sign with parallel and bearing identical copy shall be used in computing the area thereof.

(C) Projecting signs must clear sidewalks by at least eight feet, including any supports, and may project from the face of the building no more than eight feet. However, in no case shall a projecting sign extend past a distance that is 18 inches in from the outside of the curb.

(D) No projecting sign shall extend more than three feet above a parapet wall or the roof line of the supporting building.

(E) Such signs may be internally illuminated.

(F) The edge of such signs cannot be directly attached to the building without a suitable mounting device.

(G) Such signs for all ground floor activities or the overall name of the business complex may not extend above the second story.

(H) Projecting signs for businesses in the second story of a building are allowed only if the businesses have a separate street or public parking lot entrance and may be placed at the entrance only.

(I) No signs or sign structure shall project into any public alley below a height of 16 feet above grade, nor project more than 12 inches horizontally over the alley. A sign or sign structure may project not more than 36 inches horizontally over the public alley where the sign or sign structure is located more than 20 feet above grade.

(’91 Code, § 8-5.8.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.55)

152.45 AWNINGS AND CANOPY SIGNS.

A sign located on or attached to an awning or canopy.

The following shall be applicable for signs on awnings and canopies:

(A) Canopy or awning signs may be placed on the front or sides of a canopy or awning, including placement along the top or bottom of the canopy or awning front so long as the sign does not project more than three feet above or below the canopy or awning and is consistent with subsection (E) of this section.

(B) No advertising shall be placed on an awning or canopy, except the name or logo of the owner, business or industry conducted within the premises, address of the building or the building name.

(D) Posts or columns beyond the property line will not be permitted.

(E) The lowest point of the awning or canopy must be at least eight feet above the sidewalk and 14 feet, six inches above vehicle accesses.

(Ord. 1171, passed 4-27-10)

152.46 MARQUEE SIGNS.

A sign located under a marquee as defined below:

MARQUEE. A permanent roofed structure attached to or supported by a building, but does not mean a "canopy" as defined herein.

The following criteria shall be applicable for signs under marquees:

(A) Signs may be located under a marquee if a vertical clearance of eight feet is maintained between the bottom of the sign and the grade below.

(B) Vertical height of signs shall not exceed 18 inches and shall not exceed a sign area of eight square feet.

(D) Signs shall not project beyond the marquee.

(’91 Code, § 8-5.8.060) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.60)

152.47 DIRECTIONAL SIGNS.

An on-premises sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, motor vehicle route, telephone or similar place, service or route.

(A) Signs, indicating traffic movement onto premises, or within a premises, not exceeding six square feet of surface area for each sign, and one sign per entrance to the premises. Directional signs on the surface of paved areas shall be exempt from the size standards indicated above. A directional sign of not more than 12 square feet of surface area, and not more than eight feet in height, used only to identify and locate a service entrance or service facility. The sign shall be a wall or projecting sign and cannot project more than four feet from the building.

(Ord. 1171, passed 4-27-10)

152.48 BILLBOARDS.

The following criteria shall be applicable for all the billboards allowed in the City of Prineville:

(A) Number allowed. At the time of adoption of the ordinance codified in this chapter, there are seven existing billboards within the Prineville Urban Growth Boundary and city limits. Approved billboards are listed below.

The following tax lots had existing billboards on them as of the date the ordinance codified in this chapter was adopted:

HWY 126:

15-15-12B000300

15-15-12B000500

15-15-110000300

HWY 26 (Madras HWY):

14-15-360003200

14-15-360002906

14-15-360002501

N. Main St.:

14-16-32CC09700

No additional billboards shall be permitted. However, billboards may be replaced at their existing size and location.

(Ord. 1171, passed 4-27-10)

MAINTENANCE, CONSTRUCTION AND SAFETY STANDARDS

152.50 MAINTENANCE.

All signs together with all of their supports, braces, guys and anchors shall be kept in good repair and be maintained in a safe condition. All signs and the site on which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from deterioration. The display surfaces, trims, frames and supports of all signs shall be kept neatly painted or otherwise neatly maintained, as applicable. No person shall scatter, daub or leave any paint, paste or glue or other substances used for painting or affixing a message to the display surface of any sign or throw or permit to be scattered or thrown any bills, waste matter, paper, cloth or materials of whatsoever kind removed from a sign on any public street, sidewalk or private property.

(’91 Code, § 8-5.6.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.35)

152.51 CONSTRUCTION AND SAFETY STANDARDS.

All signs shall conform to the Building Code including electrical standards as regulated and inspected by the Building Department.

(’91 Code, §§ 8-5.6.020, 8-5.6.040) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.36, 152.38)

152.52 CLEARANCE FROM HIGH VOLTAGE POWER LINES.

Signs shall be located not less than eight feet horizontally and 12 feet vertically from overhead electrical conductors which are energized in excess of standard service loads as determined by the utility company providing the service. The term OVERHEAD CONDUCTORS as used in this section means any electrical conductor, either bare or insulated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength.

(’91 Code, § 8-5.6.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.37(A))

152.53 CLEARANCE FROM FIRE ESCAPES, EXITS OR STANDPIPES.

No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe. Signs erected within five feet of an exterior wall in which there are openings within the area of the sign shall be constructed of incombustible material or approved plastics.

(’91 Code, § 8-5.6.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.37(B))

PERMITTED MATERIALS/ILLUMINATION

152.60 PERMITTED MATERIALS.

All signs shall conform to the Building Code as regulated and inspected by the Building Department.

(’91 Code, § 8-5.6.050) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.39)

152.61 ILLUMINATION.

(A) Limit on sign illumination. No sign shall be erected or maintained which, by use of lights or illumination, creates an unduly distracting or hazardous condition to a motorist, pedestrian or to the general public. All illumination shall conform to the Building Code electrical standards as regulated and inspected by the Building Department. In addition:

(1) Signs illuminated by exterior illumination shall have the exterior lights so directed that the light does not shine directly into private property or common vehicular or pedestrian ways.

(2) No sign may be internally illuminated if the wall of the building on which the sign is displayed directly abuts a residential zone.

(3) No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.

(4) Signs that contain, include or are illuminated by any rapidly flashing, intermittent, revolving, rotating or moving lights or moves or has any animated moving parts shall only be allowed if the sign is consistent with OAR 734-060-0190.

(5) Any sign that is considered distracting to drivers shall be evaluated on a case-by-case basis by the City Manager or designee appealable to City Council. Traffic control signs or signs providing public service information such as time, date, temperature, weather or similar information are not considered distracting.

(’91 Code, §§ 8-5.7.010, 8-5.7.020) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10; Am. Ord. 1229, passed 2-28-17. Formerly 152.40)

VARIANCES

152.65 VARIANCE APPLICATION.

An applicant for a sign permit or an applicant owning or leasing a sign that is not in conformance with the provisions of this chapter may seek a variance to the provisions of this chapter. A variance request for sign location or for sign height or area may be allowed by the Planning Commission. The decision of the Commission may be appealed to the City Council. A variance may be granted upon a finding by the appropriate review body that all of the following criteria can be satisfied:

(A) There are exceptional or extraordinary circumstances or physical conditions such as narrowness, shallowness, shape or topography of the property that do not generally apply to other properties or uses in the same zoning district.

(B) The request will be the minimum variance necessary to alleviate the hardships or practical difficulties.

(C) In determining a variance, the Commission or the Hearings Officer may attach such conditions to granting all or a portion of any variance as necessary to achieve the purpose of these standards.

(Ord. 1171, passed 4-27-10)

152.66 TIME LIMIT ON A PERMIT FOR A VARIANCE.

Authorization of a variance shall be void if the work approved by such variance is not completed within six months of the date of approval.

(Ord. 1171, passed 4-27-10)

HISTORICAL SIGNS

152.70 APPLICATION.

Within six months of the effective date of the ordinance codified in these standards, either the Planning Director or an owner of a nonconforming sign in existence on the date of enactment of the ordinance codified in these standards may apply for a determination that the sign qualifies as an historical sign under the provisions of these standards.

(Ord. 1171, passed 4-27-10)

152.71 SITE AND DESIGN REVIEW.

An application for an historical sign designation shall be reviewed by the Prineville Planning Commission. The Commission may designate a sign as historical if it finds the following criteria have been met or can be met with conditions:

(A) The sign is essentially preserved, with sufficient original workmanship as when first constructed.

(B) Through public interest, sentiment, uniqueness or other factors, the sign has come to connote an historical period.

(C) Due to removal of similar objects or the uniqueness of this sign, the sign is singularly appropriate to represent an historical theme or period.

(D) The sign is associated with significant past trends in structure materials and design and in conformance with generally accepted principles of good design and architecture.

(E) The sign was constructed early in the relative scale of local history and is one of a few of its age remaining in the city.

(Ord. 1171, passed 4-27-10)

APPEALS

152.75 APPEALS.

Any decision of the City Manager, Planning Director or designee, or Planning Commission, may be appealed in accordance with the City of Prineville land use procedures.

(’91 Code, § 8-5.10.050) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.92)

NONCONFORMING AND ABANDONED SIGNS

152.80 NONCONFORMING SIGNS.

A nonconforming sign which is structurally altered, relocated or replaced shall immediately conform to the requirements of these standards except that:

(A) A sign may be removed from its sign structure for the purpose of repair, maintenance or a change of copy within the dimensions of the existing sign.

(B) Signs may be structurally altered where such alteration is necessary for public safety.

(C) Such signs may be reconstructed if they are moved for construction or repair of public works or public facilities and such reconstruction is completed within one year.

(D) Such signs may be reconstructed if they are damaged by the natural environment or an accident; provided, that such sign is reconstructed within 180 days of the date the sign is damaged.

(E) Replacement of a nonconforming sign that does not meet any of the criteria above shall conform to the standards of this chapter.

(’91 Code, § 8-5.10.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.91)

152.81 ABANDONED SIGNS.

A sign shall be removed within 30 days by the owner or lessee of the premises upon which the sign is located when the advertised business is no longer conducted on the premises; provided, however, a billboard allowed under these standards where a person has merely leased a contracted advertising space need not be removed in accordance with this section. Abandoned signs may be removed and costs may be collected as provided in §§ 152.85 through 152.86.

(’91 Code, § 8-5.10.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.90(C))

INSPECTION AND ENFORCEMENT

152.85 INSPECTION.

The City Manager or designee may inspect signs periodically to determine their conformance with these standards.

(Ord. 1171, passed 4-27-10)

152.86 ENFORCEMENT.

The City Manager or designee is hereby authorized and directed to enforce the provisions of these standards.

(A) The City Manager or designee may order the removal of any sign erected or maintained in violation of the provisions of these standards. Except as provided in subsection (B) or (C) of this section, the City Manager or designee shall give 30 days’ prior written notice to the owner of the sign or the owner of the building, structure or premises upon which the sign is located to remove the sign or bring it in compliance with the provisions of these standards. If the owner of the sign, building, structure or premises fails to comply or remove the sign, the City Manager or designee may order the removal of such sign at the expense of the owner of the sign, building, structure or premises on which the sign is located and such costs and expenses including but not limited to the notifications, transportation, may be a lien against the land or premises on which the sign is located and may be collected or foreclosed in the same manner as liens are entered in the lien docket of the city.

(B) If the City Manager or designee determines that the supports, braces, grip anchors, etc., are not kept in good repair or safe condition, or if the sign presents an immediate and serious danger to the public, or if the sign is in violation of this code and located in the public right-of-way, he may, without prior written notice, order its immediate removal. The City Manager or designee may also authorize the removal of signs in the event that the person responsible for such sign cannot be found, or after notification, such person fails to repair or remove it. The owner of the building, structure or premises upon which the sign is located is jointly and severally liable for the costs of its removal and/or repair.

(C) The City Manager or designee may order the immediate removal of any temporary sign erected or maintained in violation of the provisions of the temporary sign standards. The City Manager or designee shall give 48 hours’ notice, verbal or written, to the owner of the sign or the owner or representative of the building, structure or premises upon which the sign is located to remove the sign or bring it in compliance with the provisions of these standards.

(D) Any order for removal of signs by the City Manager or designee pursuant to the provisions of this section may be appealed to the City Council by filing written notice of appeal with the City Manager within 15 days of the order.

(’91 Code, § 8-5.10.010) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.90(A), (B))

SPECIAL PROVISIONS

152.90 FEES.

Fees for permits and applications shall be set by resolution of the Council. The developer or owner shall pay all fees required by the City of Prineville including, but not limited to, park dedication fees, construction fees and land use application fees, in full prior to the recording of the final plat or the issuance of a certificate of occupancy whichever is first in time.

(’91 Code, § 8-5.5.030) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.22)

Cross reference:

Building permit fees, see Ch. 150

152.91 SEVERABILITY.

If any part, section, subsection, sentence or phrase of these standards is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these standards.

(Ord. 1171, passed 4-27-10)

152.92 PENALTIES.

Except as otherwise provided for by law or by a court of competent jurisdiction, a person violating a provision of this chapter shall, upon conviction, be punished by fine of not more than $500. A violation of this chapter shall be considered a separate offense for each day the violation continues.

(’91 Code, § 8-5.10.040) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.99)

152.93 INTERPRETATION.

The provisions of this chapter shall be construed to effect the purposes and intent set forth in § 152.03. These provisions are declared to be the minimum requirements fulfilling the objectives. When conditions set forth herein are less restrictive than comparative conditions imposed by any other provision of this chapter, by provision of federal regulation, the more restrictive shall govern.

(’91 Code, § 8-5.1.050) (Ord. 824, passed 11-27-79; Am. Ord. 1171, passed 4-27-10. Formerly 152.05)

152.94 VIOLATION DECLARED A NUISANCE.

The location, erection, construction, maintenance, repair, alteration or use of a sign in violation of these standards is declared a nuisance and shall be abated in the same manner as all other nuisances.

(Ord. 1171, passed 4-27-10)