Chapter 15.16 SIGNS

The purpose of the sign code is to protect the health, safety, property, and welfare of the public; to provide a neat, clean, orderly, and attractive appearance for the community; to improve the effectiveness of signs; to provide for safe construction, location, erection, and maintenance of signs; to prevent proliferation of signs and sign clutter; to minimize adverse visual safety factors to travelers on public streets and on private areas open to public travel; and to achieve this purpose in a manner consistent with state and federal constitutional limits. In the downtown historic district the purpose of the sign code is also to help restore and maintain the character of the district through appropriate signage regulations. In order to achieve these purposes it is necessary to regulate the design, quality of materials, construction, location, electrification, illumination, and maintenance of signs that are visible to the public. (Ord. 09-04 § 2, 2009)

15.16.020 Definitions.

For the purposes of the Silverton sign code, unless the context indicates otherwise: words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; undefined words have their ordinary accepted meanings; and the following words and phrases mean:

“A-frame sign” means a temporary sign composed of one or two self-supporting sign faces typically attached at the top and separated at the bottom, not permanently attached to the ground.

“Abandoned sign” means a sign or structure where the sign is no longer used by the person or business that erected the sign. This includes, but is not limited to: (1) a sign associated with a property which has ended its use for more than 90 days; or (2) the sign has been damaged and repairs and/or restoration are not started within 90 days of the date the sign was damaged, or are not diligently pursued once started.

“Alter” means to make a change to a sign or sign structure, including, but not limited to, changes in area, height, projection, illumination, shape, materials, placement, and location on a site. Altering a sign does not include a change of copy or maintenance.

“Athletic field sign” means a sign erected next to an athletic field by the owner or operator of the field, which is visible to the athletic field spectators.

“Automobile service station” means a retail place of business engaged primarily in the sale of motor fuels.

“Awning” means a shelter projecting from and supported by the exterior wall of a building constructed of rigid material on a supporting framework.

“Awning sign” means a sign attached to or incorporated into an awning.

“Balloon sign” means a sign consisting of a membrane that relies on internal gaseous pressure or a semi-rigid framework for maintaining its form.

“Banner” means a sign made of fabric, vinyl, canvas or other nonrigid material intended for display.

“Bench sign” means a sign on an outdoor bench.

“Billboard” means a sign on which any sign face exceeds 200 square feet in area.

“Blanketing” means blocking a pedestrian’s or motorist’s view of a projecting sign by another projecting sign.

“Boundaries of a site” means the area inside the legal lot lines of a site, not including any property in a public right-of-way.

“Building elevation area” means the area of a single side of a building, measured in square feet and calculated by multiplying the length of the side of the building by the height of the building to the roof line. If the roof line height varies along the side of the building, the average of the lowest and highest roof line height on that side shall be used in the calculation.

“Building frontage, primary” means the dimension of a building face abutting a public or private street as the point of ingress and egress.

“Building frontage, secondary” means the dimension of a building face abutting a public or private street.

“Building official” means the building official or his or her designee.

“Bulletin board” means a permanent sign providing information that can be changed.

“Business” means employment, occupation, profession, industrial or commercial activity engaged in for gain or livelihood.

“Business complex” means a development consisting of one or more lots sharing appurtenant facilities, such as driveways, parking facilities, and pedestrian walkways, and is designed to provide varied products and services at a single location.

“Canopy” means a permanent roofed structure that may be freestanding or be partially attached to a building, for the purpose of providing shelter to patrons on foot and/or in motor vehicles; does not include a completely enclosed structure.

“Changing image sign” means a sign that operates through the use of:

1. Moving structural elements;

2. Flashing or sequential lights;

3. Lights in a dot matrix or LED configuration, which may be changed intermittently; or

4. Other automated method, resulting in movement, the appearance of movement, or change of sign image, message, or display.

“City” means the city of Silverton.

“City council” means the elected governing body of the city of Silverton.

“City engineer” means the city engineer or his or her designee.

“City manager” means the city manager or his or her designee.

“City recorder” means the city recorder or his or her designee.

“Clearance” means the distance between the average grade below a sign to the lowermost portion of the sign.

“Community development director” means the community development director or his or her designee.

“Community event” means an activity or event identified as such by the city council.

“Dark sky fixture” means a lighting fixture that provides a cutoff (shielding) to minimize glare, prevent light trespass, and reduce sky glow.

“Direct illumination” means an illuminated sign in which the source of light for the sign is directly seen by the public, such as a spotlight, floodlight, etc.

“Display surface” means the area made available by the sign structure for the purpose of displaying a message.

“Drive-up/through service sign” means a sign placed at the beginning of a drive-up service lane of an establishment that may include a two-way speaker system or other system of communication allowing for service transactions.

“Dwelling” means a building that has independent living facilities including provisions for sleeping, cooking, and sanitation, and that is designed for residential occupancy by a group of people.

“Electronic message sign” means a sign that uses LED technology to convey a message.

“External illuminated sign” means a sign illuminated by a light source separate from the sign surface and directed to shine upon the sign. External illumination is “direct” when the source of light is directly seen by the public, such as a floodlight, and “indirect” when the source of light is not directly seen by the public, such as cove lighting.

“Filing” means depositing a document in the United States mail, postage prepaid and accurately addressed to the city, or leaving a copy with the city recorder at City Hall during work hours. For purposes of this chapter, a document is “filed” on the date it is received at City Hall.

“Fire marshal” means the fire marshal or his or her designee.

“Flag” means a rectangular piece of fabric of distinctive design that is displayed hanging from a staff, halyard or building to which it is attached.

“Flag lot” means a building lot which is provided access to a public street by means of a narrow strip of land with minimal frontage.

“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 intermittent light source.

“Freestanding sign” means any ground, ground-mounted, pole, or monument sign supported by one or more uprights or braces placed upon the ground, and not attached to any building.

“Frontage” means the length of a property line of any one parcel along a public right-of-way or in a shopping center the length of visible building wall that the building occupies.

“Grade,” for freestanding signs, is the average level of the ground measured five feet from either end of the base of the sign, parallel to the sign face. For signs mounted on buildings, the grade is the average level of the sidewalk, alley or ground below the mounted sign measured five feet from either end of the sign face.

“Ground sign” means a freestanding sign that is eight feet or less above grade in which either the sign, sign structure, or sign base is affixed to the ground by at least 50 percent of the sign face width or is borne by two or more supports that are a maximum of 30 inches in height. Also see “monument sign.”

“Hand-held sign” means a hand-carried sign of six square feet or less in area, worn or carried by a person when being displayed.

“Hearing body” means the city body authorized by ordinance to consider a matter.

“Height” means the vertical distance measured from grade to the highest attached component of a sign including the supporting structure.

“Historic district” means the area designated as a historic district on the National Register of Historic Places.

“Historical or landmark marker” means a sign constructed in close proximity to a historic place, object, building, or other landmark recognized by an official historical resources entity, where the sign is constructed by the owner of the historic property and does not exceed 20 square feet in size.

“Historical sign” means a sign designated as a historic or cultural resource under city, state, or federal inventory or a sign that is an historical element of a historical landmark.

“Incidental sign” means a sign, generally informational, that has a purpose secondary to the use of the parcel on which it is located. Examples may include “No Parking,” Open,” “Closed,” “Loading Only,” “No Cell Phones,” “Telephone,” etc.

“Indirect illumination” means an illuminated sign in which the source of light for the sign cannot be seen by the public, such as cove lighting, internal lighting within a box sign, etc.

“Integrated business sign(s)” means a sign or group of signs shared by two or more businesses which are located in a building or group of buildings, on one or more parcels which are contiguous or which are separated by a public right-of-way or private access driveway, which are constructed and/or managed as a single entity, and share ownership and/or function.

“Internal illuminated sign” means a sign illuminated by a light source contained within the sign, including dot matrix or LED lighting or other light sources.

“Interior sign” means a sign erected and maintained inside of a building, including, but not limited to, a sign attached to or painted on the inside of windows.

“Lawn sign” means a temporary freestanding sign made of lightweight materials such as cardboard, plasticized corrugated cardboard, vinyl or other similar materials that is supported by a frame, pole or other structure placed directly in or upon the ground.

“LED/LEE” means a semiconductor diode or electrode or similar technology that converts applied electrical power to light.

“Lot” means a legally defined piece of land, other than a tract, that is the result of a subdivision.

“Maintenance” means normal care or servicing needed to keep a sign functional or perpetuate its use, such as cleaning, replacing, or repairing a part.

“Mansard” means a sloped roof or roof-like facade architecturally comparable to a building wall.

“Marker sign” means a plaque, sign, or marker intended to be used to show the location of an event, structure or place judged by the administrator to be of public interest.

“Marquee” means a permanent roofed structure attached to or supported by a building.

“Marquee sign” means any sign attached to, in any manner, or made a part of a marquee.

“Monument sign” means a freestanding sign that is eight feet or less above grade that is affixed to a base which is no more than 30 inches above grade. Also see “ground sign.”

“Name plate” means a permanent wall sign located on the front facade of a residential structure.

“Neon sign” means a sign internally or externally illuminated by a light source consisting of neon or other method that simulates the appearance of a neon tube, except for fluorescent lights.

“Nonconforming sign” means those signs which were lawfully installed, but do not comply with the requirements of this sign code.

“Numeric information sign” means a sign only displaying numeric measurements such as time, date, temperature, or stock indices.

“Off-premises sign” means a sign that advertises a product or service that is not available for purchase from the premises, facilities, property, parcel or lot on which the sign is located.

“Owner” means the person owning title to property on which a sign is located, or the contract purchaser of the real property as shown on the last available complete assessment roll in the office of county assessor, or the possessor of a sign who has a continuing lease of the real property on which the sign is located.

“Parapet” means the extension of a false front or wall above a roof line.

“Parcel” means any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established and intended as a unit for the purpose of transfer of ownership.

“Pennant” means a triangular or other shape of flexible material intended to wave in the wind.

“Permanent sign” means a sign intended for use for more than 30 days or a sign whose intended use is on a permanent basis.

“Planned unit development” means a tract or tracts of land developed with the application of an overlay zone.

“Pole sign” means a sign that is a freestanding sign connected to the ground by one or more supports with the lower edge of the sign separated vertically from the ground by a distance of eight feet or greater as measured from grade.

“Portable sign” means a sign which is not affixed to a building or other structure, or the ground in a permanent manner and is designed to be moved from place to place.

“Principal use” means a nonresidential use of property by an owner or lessee. Multiple principal uses may be located on a lot or development.

“Projecting sign” means a sign, other than a wall sign, that projects from, and is supported by or attached to, a roof or wall of a building or structure.

“Public right-of-way” means a public use area that allows for the passage of people or vehicles. This includes passageways such as highways, pedestrian connections, alleys and all streets. A right-of-way is dedicated or deeded to the public for public use and under the control of a public agency.

“Public sign” means a sign erected, constructed, or placed within the public right-of-way or on public property by or with the approval of the governmental agency having authority over, control of, or ownership of the right-of-way or public property.

“Repair” means mending or replacing broken or worn parts with comparable materials.

“Roof elevation area” means the area of a single plane of a roof, measured in square feet and calculated by multiplying the difference between the height of the ridge and the height of the eave by the distance between opposing rakes.

“Roof line” means means the top edge of a roof or a building parapet, whichever is higher, excluding any cupolas, chimneys or other minor projections.

“Roof sign” means a sign erected upon, against, or over the roof of any building or structure.

“Rotating sign” means a sign in which the sign itself or any portion of the sign moves in a revolving manner.

Sandwich Board Sign. See “A-frame sign.”

“Setback” means the minimum distance required between a sign and another point, measured from lot lines to a sign.

“Sign” means a device, structure, or fixture which incorporates graphics, symbols, or written copy, including those devices, structures, or fixtures which are behind windows or building openings, which are intended to communicate information.

Sign Area. Where there is a sign structure, the area of the structure shall be considered the sign area. In the absence of a structure, the area of a sign shall be determined by placing a rectangle or circle so that all graphic and text is enclosed within the rectangle or circle shape and calculating the area. See the following exhibits.

“Sign band” means a continuous horizontal band located on a facade where there are no doors, windows or other architectural features.

“Sign copy” means the message or image conveyed by a sign.

“Sign district” means the districts created for the purpose of regulating signage. See SMC 15.16.100.

“Sign face” means the sum of the surfaces of a sign face as seen from one plane or elevation included within the outer dimensions of the sign board, frame or cabinet.

“Sign height” means the average level of the grade below the sign to the topmost point of the sign including the supporting sign structure, foundations, and supports.

“Site” means the area, tract, parcel, or lot of land owned by or under the lawful control of an owner. Abutting platted lots under the same ownership shall be considered one site.

“Street frontage” means the dimension of a property line abutting a public or private street.

“Structure” means any object constructed in or on the ground. “Structure” includes buildings, decks, fences, towers, flag poles, signs, and other similar objects. “Structure” does not include paved areas or vegetative landscaping materials.

“Subdivision” means a site with four or more lots.

“Subdivision gateway sign” means a sign placed at the entrance of a subdivision for the purpose of identifying said properties.

“Supporting structure” means a structure specifically intended for supporting or containing a sign.

“Suspended sign” means a sign suspended from the underside of a canopy, awning, eave, or marquee.

“Temporarily attached” means a sign attached to a building, structure, vegetation or the ground in a manner that is easily removable.

“Temporary business” means a temporary business as defined by the City of Silverton Municipal Code.

“Temporary sign” means a sign erected for a limited period of time. Some types of temporary signs will only be permitted after issuance of sign permit.

“Traffic sign” means a sign for the purpose of regulating, warning, or guiding traffic. All traffic signs shall conform to the Manual on Uniform Traffic Control and Devices published by the Federal Highway Administration, U.S. Department of Transportation.

“Unlawful sign” means a sign that was erected unlawfully and does not conform to this code.

“Utility sign” means a sign constructed or placed by a public utility on or adjacent to a pole, pipe, or distribution facility of the utility and within the public right-of-way or utility easement.

“Vehicle sign” means a sign placed in or attached to a motor vehicle, trailer, railroad car, etc., or other sign that is used regularly for travel or purposes other than display of signs. Any vehicle that hosts a vehicle sign must comply with all other vehicle and parking regulations.

“Video sign” means a sign providing information through use of pixel and subpixel technology or having the capacity to create continuously changing sign copy or images.

“Vision clearance area” means those areas near intersections of roadways and motor vehicle access points where a clear field of vision is necessary for traffic safety and to maintain adequate sight distance.

“Wall sign” means a sign that is painted on a wall of a building, or attached parallel to the wall of a building and extending no more than six inches from a wall, and is confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Window signs that are permanently attached to the outside of a window are wall signs.

“Wayfinding/wayfaring sign” means a sign that is four square feet or less that is provided as a public convenience to assist in locating buildings or other attractions that do not have direct frontage on a public street.

“Window sign” means a sign attached to, or applied onto, a window, or displayed inside the building within six inches of a window or building openings so that it is viewable from the outside of the building.

“Zoning/development ordinance” means the Silverton development code. (Ord. 09-04 § 2, 2009)

15.16.030 Sign permit required.

A. General Provisions. Except as provided in this chapter, a permit is required to erect, construct, or alter a sign. If a sign is for a new development that requires development review under Silverton’s zoning or development regulations, then the sign(s) location(s) shall be reviewed as part of the development review process prior to approval of a sign permit.

B. Sign Permit Application. An application for a sign permit shall be made on a form prescribed by the city and shall be filed with the city. The sign permit application shall be signed by the property owner (or property owner’s authorized legal representative) and the sign owner (or sign owner’s authorized representative). The application may be filed by the property owner, the owner of the sign, or a representative of the sign’s owner. A separate sign permit application is required for each sign. The application shall include the following information and any other information required by the city:

1. A sketch of the site, drawn to scale, showing the approximate location of existing structures, existing signs, and the proposed sign(s);

2. Building frontage elevations drawn to scale, showing the sign(s)’ relative location and placement;

3. An illustration of the proposed sign(s), drawn to scale, showing the design, elevations, sign face dimensions and area, materials and engineering data which demonstrates its structural stability. The illustration of the proposed sign(s) need not show the sign message, but shall show the size, style, and design of the lettering, numbers, and graphics conveying any message. The content of any message shall not be considered in the evaluation of a sign permit application;

4. The names, addresses, contact information, and signatures of the applicant, the owner of the property on which the sign is to be located, the manufacturer of the sign, the person or contractor installing the sign, and the construction contractor’s board number of the installer. The property owner of the site where the sign is to be located shall sign the sign permit application; and

5. A fee in the amount set by city council resolution. When a person begins construction of a sign requiring a sign permit before the permit is approved, the permit fee shall be doubled.

C. Building/Electrical Permits. When deemed necessary by the building official, building or electrical permits shall be obtained as a part of the sign permit application process. As required by building codes and/or electrical code, the approval of the building official and/or fire marshal shall be obtained prior to erecting, constructing or altering a sign.

1. Inspections of all required work shall be performed by the building official in accordance with the building codes and/or electrical code.

D. Time Period to Process Permit. The community development director or his/her designee shall grant or deny the sign permit application based upon the information submitted with the application and other information obtained by or submitted to the city within 30 days of submittal of a complete application.

1. If a decision is not made within the time specified in this section, the applicant may temporarily install the sign as requested, at the applicant’s risk for costs of removal, until such time as the city’s decision is issued and is final.

2. If the application is denied, the community development director or his/her designee shall mail the applicant written notice of the decision and shall explain why the application was denied. The decision shall also include an explanation of the applicant’s appeal rights. The decision shall be mailed to the address of the applicant on the application by regular mail.

E. Sign Permit Approval. A sign permit application shall be approved if:

1. The application complies with all of the applicable provisions of this chapter and any other objective requirement imposed by law. No standard shall be applied to deny a permit if the operation of that standard violates a constitutional right of the applicant. If, as part of the application, an applicant identifies a particular standard alleged to have unconstitutional effect, and provides reasons for that contention, the community development director or his/her designee shall seek the opinion of the city attorney on the contention. If the city attorney concludes that the operation of the standard violates a constitutional right of the applicant, the community development director or his/her designee shall not apply the standard in reviewing the application;

2. The applicable permit fee has been paid.

F. Approval Period. An approved sign shall be constructed and installed within six months of the final approval of the permit, including resolution of any appeal. The sign permit shall be void if installation is not completed within this period or if the sign does not conform to the approved permit.

1. Sign permits mistakenly issued by the city due to a city error that are in violation of this chapter or other provisions of this code will be considered as legal, nonconforming signs.

2. If a sign does not conform to the approved sign permit or the building code after inspection, the sign will be subject to removal under SMC 15.16.720.

G. Permit Revocation. The community development director may revoke a sign permit if the director finds that the constructed sign does not match the approved design, or if there was a material and misleading false statement of fact in the permit application. (Ord. 09-04 § 2, 2009)

15.16.040 General sign requirements.

A. Compliance with Sign Code Required. Except as provided in SMC 15.16.050, no person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, or use any sign, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Silverton sign code.

B. Application Required. All new signs, except as provided in SMC 15.16.050, shall be required to obtain a sign permit prior to installation of the sign. An application for sign permit approval is subject to the procedures set forth in SMC 15.16.030.

C. Computation of Sign Area and Height. Computation of sign area and height shall be as follows:

1. Individual Sign Area. Where there is a sign structure, the area of the structure shall be considered the sign area. In the absence of a structure, the area of a sign shall be determined by placing a rectangle or circle so that all graphic and text is enclosed within the rectangle or circle shape.

2. Multifaced Sign Area. The area shall be determined consistent with individual signs except that for a sign with more than one face, the area shall be determined by adding together the area of all sign faces visible from any one point. When two sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of the largest one of the faces.

3. Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (a) existing grade prior to construction; or (b) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

D. Sign Code Standards. All new signs shall comply with all applicable provisions of this code, including but not limited to sign districts (SMC 15.16.100 through 15.16.400), illumination regulations (SMC 15.16.500), construction and maintenance standards (SMC 15.16.510), deviation processes (SMC 15.16.600), enforcement provisions (SMC 15.16.700), and violations (SMC 15.16.900).

E. No Expansion of Unlawful Signs. No owner shall erect, construct, or allow a sign to be erected or constructed on a site that contains unlawful signs.

F. Stricter Standards Prevail. The Silverton sign code shall not be construed to permit the placement or maintenance of any sign at any place or in any manner unlawful under any other city code provision or other applicable law. In any case where a part of the Silverton sign code conflicts with a provision of any zoning/development, building, fire, safety or health ordinance or code, the provision which establishes a stricter standard for the protection of the public health and safety shall prevail.

G. Content Neutrality. The Silverton sign code is not intended to, and does not, restrict speech on the basis of its content, viewpoint or message. Any classification of signs in this chapter that permits speech by reason of the type of sign, identity of the sign user or otherwise, shall permit any type of speech on the sign. No part of this chapter shall be construed to favor commercial speech over noncommercial speech. To the extent any provision of this chapter is ambiguous, the term shall be interpreted to not regulate on the basis of speech content, and the interpretation resulting in the least restriction on the content of the sign message shall prevail.

H. Interpretation. The Silverton community development director is authorized to interpret the provisions of this code.

I. Severability. If any section, subsection, paragraph, sentence, clause or phrase of the sign code is declared invalid for any reason by a court having jurisdiction under state or federal law, the remaining portions of this chapter shall remain in full force and effect. (Ord. 09-04 § 2, 2009)

15.16.050 Exempt from permit requirements.

The following signs and activities are allowed in all zoning districts without a permit. Use of these signs does not affect the amount or type of signage otherwise allowed by this chapter. The painting, repainting, cleaning, maintenance and repair of an existing sign shall not require a permit, unless a substantial structural alteration is made. The changing of a sign copy or message shall not require a permit. All signs listed in this section are subject to all other applicable requirements of the Silverton sign code.

A. Signs (including name plates and dates of erection of buildings) on multifamily residential, commercial, industrial, or institutional buildings when the sign is cut into the surface or the facade of a building, or when it is constructed of stone, masonry, bronze or other noncombustible material and projects no more than two inches from a building, so long as the cumulative sign face(s) are eight square feet or less in area;

B. One indirectly illuminated or nonilluminated sign, not exceeding two square feet in area, placed on any nonmultifamily residential lot. This type of sign is typically used as a name plate;

C. Flags less than 75 square feet;

D. Vehicle signs;

E. Signs displayed upon a bus or light rail vehicle owned by a public transit district;

F. Historical sign or historical or landmark markers;

G. Hand-held signs;

H. Incidental signs such as “open/closed,” “no parking,” etc.;

I. Any public notice required by federal, state or local law, regulation or ordinance;

J. Sign within the public right-of-way that is erected by a governmental agency, utility or contractor doing authorized work within the right-of-way;

K. A warning sign that does not exceed eight square feet in area and six feet in height, and is erected on property where there is a danger to the public to which public access is prohibited;

L. Nonilluminated interior signs in nonresidential sign districts designed primarily to be viewed from a sidewalk or street, provided the sign face is less than four square feet in area;

M. Illuminated interior signs in nonresidential sign districts designed primarily to be viewed from a sidewalk or street, provided the sign face is less than four square feet in area;

N. For each principal use on property that has direct exterior pedestrian access, there may be one suspended sign. The sign may either be attached to a first floor awning, canopy, or porch structure, or otherwise be attached to the building, provided the sign does not exceed four square feet in area and has a minimum of eight feet of clearance above the sidewalk;

O. An exterior sign erected next to an entrance, exit, rest room, office door, or telephone, provided the sign is no more than two square feet in area. This type of sign is typically used to identify and locate a property feature;

P. Signs located within a sports stadium or athletic field, or other outdoor assembly area which are intended for viewing by persons within the facility. The signs shall be placed so as to be oriented towards the interior of the field and the viewing stands;

Q. Signs incorporated into vending machines or gasoline pumps;

R. Temporary signs as allowed under SMC 15.16.080;

S. Public signs;

T. Utility signs;

U. Signs for hospital or emergency services, and railroad signs;

V. Wayfaring signs with a maximum sign area of four square feet and one sign per frontage. (Ord. 09-04 § 2, 2009)

15.16.060 Prohibited signs.

Except for nonconforming signs, the following signs are prohibited:

A. Abandoned signs;

B. Billboards;

C. Video signs in the historic district;

D. Roof signs;

E. Off-premises signs, except those allowed per SMC 15.16.050;

F. Any sign constructed, maintained or altered in a manner not in compliance with the Silverton sign code;

G. Any nonpublic sign constructed or maintained which, by reason of its size, location, movement, coloring or manner of illumination may be confused with, or construed as, a traffic control device, or which hides from view any traffic control device;

H. Any sign constructed in such a manner or at such a location that it will obstruct access to any fire escape or other means of ingress or egress from a building, or an exit corridor, exit hallway, or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire;

I. Any sign located in a manner which could impede traffic on any street, alley, sidewalk, bikeway or other pedestrian or vehicular travel way;

J. Any sign equipped with moving, rotating or otherwise animated parts that change messages more than once per hour, except for multivision signs and athletic field signs;

K. Any sign that is wholly or partially illuminated by flood or spotlights in which light reflects into or upon the traveling ways of any street or alley, flashing or intermittent light, lights, lamps, bulbs, or tubes. Rotary beacon lights, zip lights, strobe lights, or similar devices shall not be erected or maintained, attached to, or incorporated in any sign;

L. Any nonpublic sign within the vision clearance area provisions contained in the development code;

M. Any sign attached to a tree or a plant, a fence or a utility pole, except as otherwise allowed or required by the Silverton sign code or other chapters of the city code;

N. Any sign (includes banners over the public right-of-way) without the approval of the city council and not in conformance with the city council’s policies and guidelines;

O. Unlawful signs;

P. Any sign which is judicially determined to be a public nuisance;

Q. Balloons or similar types of tethered objects;

R. Any sign determined by the building official to be unsafe or otherwise pose a threat to public health, safety or welfare. (Ord. 09-04 § 2, 2009)

15.16.070 Nonconforming signs.

Signs that were legally established prior to the adoption of this code on April 6, 2009, and no longer meet the sign code standards are considered nonconforming signs. Nonconforming signs may continue to be in use, subject to the restrictions in this section:

A. General Requirements for Nonconforming Signs.

1. A nonconforming sign shall not be:

a. Modified, unless the modification brings the sign into compliance with this chapter. A change of copy is allowed, except that any change in a wall sign which is painted on a structure shall comply with SMC 15.16.040.

b. Expanded.

c. Relocated.

2. A nonconforming sign may undergo normal maintenance, except:

a. “Normal maintenance” excludes major structure repairs designed to extend the useful life of the nonconforming sign.

b. If a nonconforming sign is damaged by wind, fire, neglect or by any other cause, and such damage exceeds 60 percent of its replacement value, the nonconforming sign shall not be repaired and shall be removed.

3. Upon change of use of a business or premises, a nonconforming sign shall be brought into compliance with this code within 180 days. (Ord. 09-04 § 2, 2009)

15.16.080 Temporary signs.

A. Temporary Signs – General Provisions. Temporary signs may be erected and maintained in the city only in compliance with the regulations in this chapter, and with the following specific provisions:

1. Except as approved in a sign permit and in connection with a community event, no temporary sign shall be illuminated.

2. A temporary sign shall be attached to the site or constructed in a manner that both prevents the sign from being easily removed by unauthorized persons or being blown or otherwise dislodged so as to create a hazard and allows for the easy removal of the sign by authorized persons.

3. Except as provided in this code, temporary signs shall not be attached to trees, shrubbery, utility poles or traffic control signs or devices.

4. No temporary sign shall be erected or maintained which, by reason of its size, location or construction constitutes a hazard to the public.

5. Except for holiday seasonal decorations, temporary signs shall not be illuminated.

B. Temporary Signs – Residential Sign District – No Permit Required. In any residential district, the following temporary signs shall be allowed without issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this chapter. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, garage sales, home construction or remodeling and similar activities. Signage shall be allowed for each parcel as follows:

1. During the period from 45 days before a public election or the time the election is called, whichever is earlier, until seven days after the public election, the maximum total cumulative sign area is 16 square feet and no individual sign may exceed six square feet in area with no component of the sign exceeding five feet above grade.

2. One temporary sign, not exceeding a total of six square feet in area, with no component of the sign exceeding five feet above grade, and which is erected for a maximum of three consecutive days in any calendar month.

3. One temporary banner/pennant, not to exceed 10 square feet in area, displayed for a maximum of 30 days or less in any one calendar year, and in a manner that does not compromise public health and/or safety.

4. During the time of sale, lease or rental of the property and for up to seven days past the sale, lease or rental of the property, one sign not exceeding six square feet in area with no component of the sign exceeding five feet above grade is permitted. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. On lots of more than two acres, the sign area may be increased to 12 square feet. In no case shall the sign or signs be erected for more than a total of 12 months.

5. During the period of construction or remodeling of the property and for up to seven days past completion of the construction or remodeling, one sign not exceeding six square feet in area is permitted. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. On lots of more than two acres, the sign area may be increased to 12 square feet. In no case shall the sign or signs be erected for more than a total of 12 months.

6. Two signs are permitted on flag lots. When two signs are used, one sign shall be placed on the “flag” portion of the lot and one sign shall be placed on the “pole” portion of the lot.

7. Two signs are permitted on corner lots; however, only one sign per street frontage is permitted. Neither sign may exceed six square feet in area nor may any component of the sign exceed five feet above grade during the time of sale, lease or rental of the property.

C. Temporary Signs – Residential Sign District – Permit Required. In any residential sign district, the following temporary signs shall be allowed on a lot only after issuance of a temporary sign permit. This temporary signage shall not affect the amount or type of signage otherwise allowed by this chapter. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate. Signage shall be allowed for each parcel as follows:

1. During the period when property has received subdivision or development approval from the city, until the time that 50 percent of the lots are sold or two years from issuance of the first building permit, whichever occurs first, one temporary sign not exceeding a maximum of 24 square feet in area with no component of the sign exceeding eight feet above grade is permitted on properties less than four acres in size. On properties that are four acres or more in size, two temporary signs not exceeding an area of 24 square feet each shall be permitted, provided no component of the sign exceeds eight feet above grade.

D. Temporary Signs – Commercial and Industrial Sign Districts – No Permit Required. In any commercial or industrial sign district, the following temporary signs shall be allowed on a lot without issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this chapter. This signage shall not be restricted by content, but is usually and customarily used to advertise real estate sales, political or ideological positions, construction or remodeling, special events and similar activities. Signage shall be allowed for each parcel as follows:

1. During the period from 45 days before a public election or the time the election is called, whichever is earlier, until seven days after the public election, no lot may exceed a total cumulative sign area of 16 square feet and no individual sign may exceed six square feet in area with no component of the sign exceeding five feet above grade.

2. One temporary sign not exceeding a total of six square feet in area with no component of the sign exceeding five feet above grade and which is erected for a maximum of three consecutive days in any calendar month.

3. During the time of sale, lease or rental of the property and for up to seven days past the sale, lease or rental of the property, one sign not exceeding 12 square feet in area with no component of the sign exceeding five feet above grade is permitted.

4. During the period of construction or remodeling of the property and for up to seven days past completion of the construction or remodeling, one sign not exceeding 12 square feet in area and five feet above grade is permitted. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously. In no case shall the sign or signs be erected for more than a total of 12 months.

5. During the period of a special event such as a grand opening, sale, or closing, one banner, not exceeding a total of 24 square feet in area with no component of the sign extending over a public right-of-way and which is erected for a maximum of three consecutive days in any calendar month and no more than for two separate occasions within any calendar year.

6. Temporary window signs may not exceed more than 20 percent of the total window area on that building elevation.

E. Temporary Signs – Commercial and Industrial Sign Districts – Permit Required. In any commercial or industrial sign district, the following temporary signs shall be allowed on a lot during business hours only after issuance of a temporary sign permit. This temporary signage shall not affect the amount or type of signage otherwise allowed by this chapter. This signage shall not be restricted by content, but is usually and customarily used to advertise a business or to identify merchandise that is a daily special. Signage shall be allowed for each parcel as follows:

1. One temporary sign per business, not exceeding a total of six square feet in area for a one-sided sign or 12 square feet in area for a two-sided sign with no component of the sign exceeding 45 inches above grade and located outside of any public right-of-way and/or any required vision clearance area.

2. In the DC (downtown commercial) district, one temporary sign per business, not exceeding a total of six square feet in area for a one-sided sign or 12 square feet in area for a two-sided sign with no component of the sign exceeding 45 inches above grade, provided all of the following are also met:

a. At least five feet of unobstructed sidewalk or walkway is maintained for pedestrian use; and

b. The sign is located outside of any required vision clearance area; and

c. The sign is constructed of durable materials; and

d. The sign complies with the temporary sign general provisions of subsections (A)(1) through (A)(5) of this section.

3. The community development director may approve an off-site sign location, subject to the following findings:

a. The business does not have adequate frontage on a public right-of-way that would support placement of an on-site temporary sign or there is some other unique physical constraint or unusual circumstance, in the opinion of the community development director, that would support the use of an off-site location; and

b. The proposed off-site location does not create a public health and/or safety concern; and

c. Written permission has been granted from the off-site property owner to allow placement of a temporary off-site sign on their property; and

d. The sign owner agrees to be responsible for removal and proper storage of the sign during nonbusiness hours.

F. Temporary Signs – Public Sign District – No Permit Required. In any public district, the following temporary signs shall be allowed on a parcel without issuance of a permit and shall not affect the amount or type of signage otherwise allowed by this chapter. This signage shall not be restricted by content. Signage shall be allowed for each parcel as follows:

1. Signage directed by a governmental agency;

2. Two or more temporary signs not exceeding a total of 24 square feet in area with no component of the sign exceeding five feet above grade and which is erected for a maximum of three consecutive days in any calendar month;

3. During the period of construction or remodeling of the property and for up to seven days past completion of the construction or remodeling, one sign not exceeding 24 square feet in area is permitted. An additional sign of the same size may be erected if the property borders a second street and the signs are not visible simultaneously;

4. Two A-frame signs, each not exceeding six square feet in area for a one-sided sign or 12 square feet in area for a two-sided sign, with no component of the sign exceeding three feet above grade. (Ord. 09-04 § 2, 2009)

15.16.090 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.100 Sign districts – General.

A. Sign Districts Created. The following sign districts are created and applied to designated land. No permit shall be issued for any sign unless as an allowed sign under the terms of the applicable sign district or otherwise allowed as a nonconforming sign under SMC 15.16.070 or exempted under SMC 15.16.050. Any particular limitation in a sign district regulation shall not be construed to exclude the applicability of other restrictions imposed under this chapter.

B. Sign Districts. The following are the sign districts:

1. The residential sign district includes all lands within the R-1, R-5, RM-10, RM-20, and AR zones.

2. The commercial sign district includes all lands within the downtown commercial (DC), the downtown commercial fringe (DCF), and the general commercial (GC) zones.

3. The commercial historic district is the area within the city of Silverton that is designated as a historic district on the National Register of Historic Places.

4. The industrial sign district includes all lands within the industrial (I) zone, the light industrial (LI) zone, and the industrial park (IP) zone.

5. The public overlay sign district includes all lands within the public overlay (PO) zone.

C. Other Limitations.

1. Property within a newly designated sign district shall be governed by the provisions of the sign code applicable to the new sign district upon the effective date of the ordinance amending the sign district map. Completed applications for sign permits made before the effective date of the sign district change will be considered under the provisions of the Silverton sign code applicable to the sign district existing at the time the application was completed. All signs which are not in compliance with the provisions of the Silverton sign code applicable to the newly established sign district shall be considered nonconforming signs.

2. All signage shall comply with the provisions included within this code. In the event unique circumstances arise that prohibit compliance with these provisions, deviations may be considered in accordance with SMC 15.16.600 through 15.16.620.

a. Deviations from a dimensional standard by 10 percent or less shall be reviewed as an adjustment (SMC 15.16.610).

b. Deviations of more than 10 percent of a dimensional standard or any other deviation from standards shall be reviewed as a variance (SMC 15.16.620). (Ord. 09-04 § 2, 2009)

15.16.110 Residential sign district.

A. General Regulations.

1. The maximum number of signs permitted is one per frontage.

2. Within the residential sign district, illuminated signs are not permitted, unless specifically stated below due to the type of use.

3. Unless otherwise stated, signs within the residential sign district require issuance of permits under SMC 15.16.030 and compliance with general sign requirements in SMC 15.16.040.

4. All illuminated signs must conform to dark sky requirements and the provisions of SMC 15.16.500.

B. Permitted Sign Types, Number, and Area. Signs within the residential sign district are limited as follows:

1. Monument and Ground Signs.

a. Within the R-1 and R-5 zones, a subdivision gateway sign, not to exceed five feet above grade, and consisting of one double-faced monument sign with a combined sign face area of 12 square feet or not more than one single-faced monument sign with a maximum area of six square feet for the sign face shall be permitted on the primary frontage.

b. Within the R-10 and R-20 zones, monument signs, not to exceed five feet above grade, and not more than one 12-square-foot single-faced or 24-square-foot double-faced sign shall be permitted on the primary street frontage. Where a development has multiple street frontages, additional signage may be permitted on each frontage. Total sign face area shall not exceed 48 square feet and no sign face may exceed 12 square feet.

c. Bed and breakfast establishments and other conditional uses are permitted one sign not to exceed six square feet per sign face.

d. Home occupations are permitted one sign not to exceed four square feet per sign face.

e. Externally illuminated monument and ground signs are only permitted with dark sky lighting fixtures.

2. Bulletin Boards/Wall Signs.

a. Bed and breakfasts and other conditional uses are permitted one sign. If the sign is a bulletin board/wall sign, it may not exceed six square feet per sign face.

b. Home occupations are permitted one sign. If the sign is a bulletin board/wall sign, it may not exceed four square feet per sign face.

c. The maximum height for a bulletin board/wall sign is eight feet above grade.

d. Only bed and breakfast establishments and approved conditional uses may have exterior illuminated signs.

3. Awning Signs.

a. Conditional uses are permitted one sign. If the sign is an awning sign, it must be on the primary building frontage with a maximum total sign face area of six square feet.

b. Home occupations are permitted one sign. If the sign is an awning sign, it may not exceed a total sign face area of six square feet.

c. Only bed and breakfast establishments and approved conditional uses may have awning signs.

d. Only bed and breakfast establishments and approved conditional uses may have illuminated awning signs with dark sky lighting fixtures.

4. Projecting Signs.

a. Projecting signs shall not be permitted.

5. Suspended Signs.

a. Suspended signs shall not be permitted.

6. Banner Signs.

a. Permanent banner signs shall not be permitted.

7. Temporary Signs.

a. Temporary signs are permitted in accordance with SMC 15.16.080. (Ord. 09-04 § 2, 2009)

15.16.120 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.130 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.140 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.150 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.160 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.170 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.180 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.190 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.200 Commercial sign district.

A. General Regulations.

1. Unless otherwise stated, signs within the commercial sign district require issuance of permits under SMC 15.16.030.

2. Signage within the downtown historic district shall comply with SDC 3.5.500 and require historic design review.

B. Permitted Sign Types. Wall, bulletin board, electronic message, monument, ground, ground-mounted, projecting, pole, marquee, awning, canopy, freestanding, suspended, window, door, incidental, and temporary signs including A-frame signs are permitted.

C. Basic Allowance – Number and Type of Allowed Signs. Within the commercial sign district, signs are limited in the number and type of signs allowed. The sum of the area of all signs permitted by the code except monument, ground, awning, marquee, temporary, and canopy signs shall not exceed one square foot of signage per one lineal foot of business frontage with a maximum of 100 square feet of signage per building face allowed. Where the use has multiple building frontages, the total signage area on secondary building frontages shall be computed at a rate of one-half square foot of signage per one lineal foot of building frontage, with a maximum sign area of 50 square feet (resulting in a total sign area of 150 square feet for a building with multiple frontages). A sign area of 16 square feet per building face shall be permitted for a business frontage that is less than 16 lineal feet. The following standards apply to each of the permitted sign types:

1. Wall Signs.

a. Wall signs must comply with the basic allowance identified above. The number of wall signs is not limited but the total sign face area for all wall signs, including multiple signs for multiple tenants, shall not exceed 100 square feet. Where the use has multiple building frontages, the total sign area on secondary building frontages shall not exceed one-half square foot of sign area for each lineal foot of building frontage, with a maximum sign face area of 50 square feet.

b. Wall signs projecting more than three inches from the wall and located adjacent to a pedestrian way shall be mounted at least eight feet above the grade of the pedestrian way.

c. For business complexes, wall signs are permitted in accordance with the provisions of this section and the integrated sign plan provisions contained in SMC 15.16.220.

2. Pole Signs.

a. Pole signs shall comply with the basic allowance identified in subsection (C) of this section.

b. A maximum of one pole sign per frontage is permitted.

c. All components of a pole sign, excluding the pole, shall have a minimum height of eight feet above grade.

d. The maximum pole sign size is 40 square feet for a single business sign and 60 square feet for a sign that serves multiple businesses that are not within a business complex.

e. For business complexes, pole signs are permitted in accordance with the provisions of this section and the integrated business sign provisions contained in SMC 15.16.220.

3. Bulletin Boards.

a. Bulletin board signs shall comply with the basic allowance identified above.

4. Electronic Message Signs.

a. Electronic message signs shall comply with the basic allowance identified above.

b. One single- or double-faced electronic message sign per site may be incorporated into a pole, monument, or ground sign. The electronic message portion of the sign may not change messages more than one time in any given hour.

c. For business complexes, one single- or double-faced electronic message sign per complex may be incorporated into a pole, monument, or ground sign approved under the integrated business sign provisions contained in SMC 15.16.220. The sign area of the electronic message portion of the sign shall not exceed 50 percent of the total sign face and may not change messages more than one time in any given hour.

5. Window Signs.

a. Window signs shall comply with the basic allowance identified above and with the following standards:

i. One or more illuminated interior signs may be installed into the windows facing a public street or sidewalk. The sign area of individual interior window signs shall not exceed four square feet; and the cumulative area of all illuminated window signs on the same building elevation shall not exceed 40 percent of the total window area on that elevation.

ii. For business complexes, one or more illuminated interior signs may be installed into the windows facing a public street or sidewalk.

iii. The sign area of individual illuminated interior window signs shall not exceed four square feet; and the cumulative area of all illuminated window signs on the same building elevation shall not exceed 40 percent of the overall window area on that elevation.

6. Projecting Signs.

a. Projecting signs are permitted, provided the projecting sign does not project into a public right-of-way or otherwise project into an area that would create a public safety concern or other public nuisance.

b. If the sign projects into a public right-of-way or other publicly owned land, then permission from the appropriate public agency is required as part of the sign permit application.

c. Projecting signs shall provide a minimum distance of eight feet from the lowest part of the sign above the grade.

d. The maximum sign area for a projecting sign shall not exceed 24 square feet.

7. Roof Signs.

a. Roof signs shall comply with the basic allowance identified above.

b. Roof signs are generally not permitted. However, the community development director may approve one roof sign, in lieu of other building-mounted signs, only upon finding that there are no other reasonable means of providing signage for the business or use, due to extraordinary circumstances related to the physical location or structure of the building, distance from nearby streets, proximity of surrounding buildings or vegetation, or other factors over which the applicant has no control.

c. Approval of a roof sign shall be subject to the following standards:

i. The sign is installed on a gabled, hipped, mansard, or otherwise sloped roof;

ii. The roof sign area shall not exceed eight percent of the roof elevation area, with a maximum sign area of 100 square feet;

iii. The highest point of the roof sign shall not exceed the height of the ridge of the roof; and

iv. Installation of the sign shall require issuance of a building permit and final approval of the installed sign by the building department.

D. Additional Signage – Number and Type of Allowed Signs. In addition to the above allowed signage, the following types of signs – monument, ground, awning, marquee, canopy, and temporary signs – are permitted, in accordance with the below-listed size limitations and other provisions:

1. Monument or Ground Signs.

a. Outside of the historic district, one single- or double-faced monument or ground sign shall be permitted for each parcel along the primary street frontage. Where a use has multiple street frontages, one sign, either single- or double-faced, per frontage shall be permitted. Sign area shall not exceed 50 square feet for each sign face or 100 square feet of total sign face area per frontage.

b. Where up to five principal uses are contained in a building(s) with less than 30,000 gross square feet of building area, one monument or ground sign shall be permitted for each frontage. Sign area shall not exceed 50 square feet for each sign face or 100 square feet of total sign face area per frontage.

c. Monument or ground signs in a business complex shall be permitted in accordance with the integrated business sign provisions contained in SMC 15.16.220.

2. Awning, Marquee, or Canopy Signs.

a. For uses that front on a public right-of-way, the total sign face area for awning, marquee or canopy signs shall not exceed one-half square foot of signage per one foot of business frontage with a maximum sign face area of 100 square feet.

b. For awning, marquee, or canopy signs visible but not fronting on a public right-of-way, the maximum permitted sign area shall not exceed one-fourth square foot of sign area for each lineal foot of frontage, along the smallest business frontage, with a maximum sign face area of 50 square feet.

3. Temporary Signs.

a. Temporary signs are permitted in accordance with SMC 15.16.080(D) and (E).

E. Maximum Sign Height.

1. Monument signs shall be no more than eight feet in height.

2. Ground signs shall be no more than eight feet in height.

3. All other signs shall be limited so that not any part of the sign may project above the building roof line or above the top of the building parapet of any building(s) on the parcel.

F. Other Limitations.

1. Business complexes desiring signage beyond that allowed for each individual building are required to submit an integrated business sign application in compliance with SMC 15.16.220.

2. New business complexes undergoing design review are required to submit an integrated business sign application in compliance with SMC 15.16.220.

G. Commercial Historic District Standards. The following additional standards apply to the area that has been designated as the downtown commercial historic district.

1. Signage within the historic district shall strive to enhance the historic character of the downtown.

2. Signage that can be shown (through photographic or other valid recognized documentation) to be part of the historic past of Silverton can be reestablished or continue to be used provided the integrity of the sign is maintained and the sign does not otherwise pose a hazard to public health, safety, or welfare.

3. Monument and ground signs are not permitted, unless documentation can be provided that shows this type of signage was used at the site at any time during the historic period or prior to 1950.

4. Sign colors shall be reflective of the historic period and shall not incorporate “day-glow” or fluorescent paint hues that were not part of the historic past.

5. Sign design and materials shall be reflective of the historic period and utilize materials and styles that were in use during the historic district’s period of significance (prior to 1950).

6. Interior-lit box signs, electronic message signs, and video signs are prohibited within the historic district. (Ord. 09-04 § 2, 2009)

15.16.210 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.220 Integrated business signs.

Integrated business signs provide more flexible sign regulations for business complexes, multitenant, and/or planned unit development projects. These regulations allow for additional signage allowances to help ensure that business location and identification needs are met. These provisions are allowed due to unique physical characteristics related to multiple tenants, physical site layout, building size, lack of frontage on a public right-of-way, or other physical characteristics that necessitate a flexible approach to signage needs. An integrated business sign plan shall be required for all business complexes, commercial centers, and/or planned unit developments that desire signage for more than one business or institutional uses. Applications for integrated business signs shall be filed at the time permits for permanent signage on the property are sought. If a sign is for a development that requires design review, conditional use review, subdivision approval, etc., under the Silverton development code, SMC Title 18, then signage may be reviewed as part of that discretionary development review process, if desired by an applicant. However, there is no requirement that an integrated business sign application must be reviewed concurrently with a land use request.

If the integrated business sign application is not reviewed as part of a land use application, then an integrated business sign application shall be reviewed under the procedures set out in SMC 15.16.030. A decision on the integrated business sign application is subject to review under the procedures set out in SMC 15.16.030 and is not considered a land use decision.

A. Integrated Business Sign Plan Application. An integrated business sign plan application shall include the following information:

1. All of the information required for a sign permit as identified in SMC 15.16.030;

2. An exhibit showing the location of all proposed signs within the development. This includes all wall, pole, projecting, monument, ground, awning, marquee, canopy, freestanding, and any other signs;

3. A description of the signs including construction materials, color scheme, unifying design elements, and any proposed lighting;

4. An itemization of signs by type, by business ownership, and by sign sizes including height and area at all identified sign locations;

5. The location of any area designated for temporary signs, and documentation of the means by which such signs may be illuminated if approved.

B. Integrated Business Sign Plan Standards. An integrated business sign plan is permitted in the commercial and industrial sign districts for projects that have multiple tenants; for business parks, commercial centers or other types of business centers; developments that have other unique physical characteristics (e.g., lack of frontage on a public right-of-way, unusual site layout, etc.) that necessitates a need for additional signage to provide for efficient business location. The following standards shall be met within an integrated business sign plan:

1. Basic Allowance. Each building in an integrated business sign plan shall be provided with the amount and type of signage permitted in accordance with the standards of the site’s sign district.

2. Additional Signage. The integrated business sign plan also allows for freestanding, ground, or monument signs to be located at business complex entrance locations for each street frontage, and/or entrance locations for individual buildings within the business complex in accordance with the following allowances:

a. Primary Entrance. One freestanding, ground, or monument sign shall be permitted on the primary street frontage.

i. The maximum height of such sign shall be 20 feet.

ii. The maximum area is 100 square feet for a single-faced sign and 200 square feet for a double-faced sign.

iii. When more than five businesses occupy a site, each business in excess of the initial five is permitted an additional five square feet of signage.

b. Secondary Entrances. One freestanding, ground, or monument sign shall be permitted on each secondary street frontage that has a minimum of 500 feet of frontage. There shall be 300 lineal feet of separation between entrance signs, measured along each side of the right-of-way, between the two freestanding signs.

i. The maximum area is 32 square feet for a single-faced sign and 64 square feet for a double-faced sign.

ii. When more than five businesses occupy a site, each business in excess of the initial five is permitted an additional three square feet of signage.

iii. The sign may either be constructed as a monument sign with a maximum six-foot height, or incorporated into a decorative wall.

c. Pad Site or Lot. One ground or monument sign shall be permitted on each pad site or lot located within the business complex.

i. The sign shall not exceed four feet in height and 16 square feet in area for a single-faced sign and 32 square feet in area for a double-faced sign.

ii. When more than five businesses occupy a pad site or lot, each business in excess of the initial five is permitted an additional three square feet of signage.

iii. The individual signs and the signs together with the architectural style of structures in the business complex shall share common design elements. The content of any sign message shall not be considered in determining whether common design elements are present.

iv. The integrated business sign plan shall accommodate future revisions that may be required because of changes in principal uses and/or tenants.

C. Integrated Business Sign Plan Review. An integrated business sign plan shall be reviewed after the approval of a land use action (subdivision, design review, conditional use, etc.) that has approved a development permit for a commercial or industrial building or site. An integrated business sign plan shall be consistent with the approved commercial or industrial development plan. The application shall include the conceptual drawings, illustrations and building elevations that were approved as part of the land use process. The integrated business sign plan shall address the sign standards contained in this chapter. The integrated business sign plan shall be reviewed in accordance with the provisions of SMC 15.16.030, sign permit application, and approved by the community development director within the established time frames in SMC 15.16.030(D) and not be considered as part of a land use action. (Ord. 09-04 § 2, 2009)

15.16.230 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.240 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.250 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.260 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.270 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.280 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.290 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.300 Industrial sign district.

In addition to the temporary and permanent signage allowed without permits, the following signage is allowed subject to the requirements of this chapter:

A. General Regulations. Unless otherwise stated, signs within the industrial sign district require issuance of permits under SMC 15.16.030.

C. Basic Allowance – Number and Type of Allowed Signs. Within the industrial sign district, signs are limited in the number and type of signs allowed. The sum of the area of all signs permitted by the code except monument, ground, awning, marquee, and canopy signs shall not exceed one square foot of signage per one lineal foot of building frontage with a maximum of 100 square feet of signage per building face allowed. Where the use has multiple building frontages, the total signage area on secondary building frontages shall be computed at a rate of one-half square foot of signage per one lineal foot of building frontage, with a maximum sign area of 50 square feet (resulting in a total sign area of 150 square feet for a building with multiple frontages). A sign area of 16 square feet per building face shall be permitted for a business frontage that is less than 16 lineal feet. The following standards apply to each of the permitted sign types:

1. Wall Signs.

b. Wall signs projecting more than three inches from the wall and located adjacent to a pedestrian way shall be mounted at least eight feet above the grade of the pedestrian way.

c. For business complexes, wall signs are permitted in accordance with the provisions of this section and the integrated sign plan provisions contained in SMC 15.16.220.

2. Pole Signs.

a. Pole signs shall comply with the basic allowance identified in SMC 15.16.200(C).

b. A maximum of one pole sign per frontage is permitted.

c. All components of a pole sign, excluding the pole, shall have a minimum height of eight feet above grade.

d. The maximum pole sign size is 40 square feet for a single business sign and 60 square feet for a sign that serves multiple businesses that are not within a business complex.

e. For business complexes, pole signs are permitted in accordance with the provisions of this section and the integrated business sign provisions contained in SMC 15.16.220.

3. Bulletin Boards.

a. Bulletin board signs shall comply with the basic allowance identified above.

4. Electronic Message Signs.

a. Electronic message signs shall comply with the basic allowance identified above.

5. Window Signs.

a. Window signs shall comply with the basic allowance identified above and with the following standards:

ii. For business complexes, one or more illuminated interior signs may be installed into the windows facing a public street or sidewalk.

6. Projecting Signs.

b. If the sign projects into a public right-of-way or other publicly owned land, then permission from the appropriate public agency is required as part of the sign permit application.

c. Projecting signs shall provide a minimum distance of eight feet from the lowest part of the sign above the grade.

d. The maximum sign area for a projecting sign shall not exceed 24 square feet.

7. Roof Signs.

a. Roof signs shall comply with the basic allowance identified above.

c. Approval of a roof sign shall be subject to the following standards:

i. The sign is installed on a gabled, hipped, mansard, or otherwise sloped roof;

ii. The roof sign area shall not exceed eight percent of the roof elevation area, with a maximum sign area of 100 square feet;

iii. The highest point of the roof sign shall not exceed the height of the ridge of the roof; and

iv. Installation of the sign shall require issuance of a building permit and final approval of the installed sign by the building department.

D. Additional Signage – Number and Type of Allowed Signs. In addition to the above allowed signage, the following types of signs – monument, ground, ground-mounted, awning, marquee and canopy – are permitted, in accordance with the below-listed size limitations and other provisions:

1. Monument or Ground Signs.

a. One single- or double-faced monument or ground-mounted sign shall be permitted for each parcel along the primary street frontage. Where a use has multiple street frontages, one sign, either single- or double-faced, per frontage shall be permitted. Sign area shall not exceed 50 square feet for each sign face or 100 square feet of total sign face area per frontage.

b. Where up to five principal uses are contained in a building(s) with less than 30,000 gross square feet of building area, one monument or ground or ground-mounted sign shall be permitted for each frontage. Sign area shall not exceed 50 square feet for each sign face or 100 square feet of total sign face area per frontage.

c. Monument or ground or ground-mounted signs in a business complex shall be permitted in accordance with the integrated sign plan provisions contained in SMC 15.16.220.

2. Awning, Marquee, or Canopy Signs.

E. Maximum Sign Height.

1. Monument signs shall be no more than eight feet in height.

2. Ground or ground-mounted signs shall be no more than eight feet in height.

3. All other signs shall be limited so that no sign may project above the building roof line or above the top of the building parapet of any building(s) on the parcel.

F. Other Limitations.

1. Business complexes desiring signage beyond that allowed for each individual building are required to submit an integrated business sign plan in compliance with SMC 15.16.220.

2. New business complexes undergoing design review are required to submit an integrated business sign plan in compliance with SMC 15.16.220. (Ord. 09-04 § 2, 2009)

15.16.310 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.400 Public sign district.

Signs in the public sign district must comply with the commercial sign district standards located in SMC 15.16.200. (Ord. 09-04 § 2, 2009)

15.16.500 Illuminated sign regulations.

A. Sign Illumination Limitations. No sign shall be erected or maintained which, by use of lights, light source, or illumination, creates an unduly distracting and hazardous condition to motorists, pedestrians, or the general public. In addition:

1. No exposed reflective-type bulb, par spot, or incandescent lamp shall be exposed to direct view from a public street or highway, but may be used for indirect light illumination of the display surface of a sign.

2. When fluorescent tubes or neon tubing is employed, the light source shall not be unduly distracting to surrounding uses.

B. Illumination Prohibitions – Flashing, Intermittent, and Chaser Effects. The following types of sign illumination are prohibited:

1. Rotary beacon lights, zip lights, strobe lights, or similar devices shall not be attached to, nor be incorporated in, any sign nor shall they be erected or maintained in the city of Silverton, Oregon.

2. No sign shall contain or be wholly or partially illuminated by a flashing or intermittent light, lights, lamps, bulbs, or tubes.

3. No sign illumination shall be permitted that creates a chaser effect (produces an apparent motion in a direction or path) or other effect of motion, including, but not limited to, animation, scintillation, or speller effects.

C. Other Illumination Regulations. All illuminated signs shall conform to the following standards:

1. No sign, light, lamp, bulb, tube, or illumination device shall be used or displayed in violation of this section.

2. Signs may be illuminated by internal or external sources. All sign illumination shall be shielded or deflected so as not to shine into residential dwelling units or structures, or impair the road vision of the driver of any vehicle.

3. Illumination of signs within the commercial and industrial sign districts may not shine into any residential property or residential sign zone.

4. External light sources for a sign shall be directed and shielded to limit direct illumination of any object other than the sign.

5. All new lighting fixtures shall comply with the dark sky requirements and should incorporate energy efficiency fixtures and/or technology.

6. Except for holiday seasonal decorations, temporary signs shall not be illuminated. (Ord. 09-04 § 2, 2009)

15.16.510 Construction and maintenance standards.

A. Building Code Compliance. All permanent signs shall be constructed and erected in accordance with the requirements of the Uniform Building Code.

B. Electrical Code Compliance. All illuminated signs must be installed subject to the requirements of the State Electrical Code. All electrically illuminated signs shall be listed, labeled, and tested by a testing agency recognized by the state of Oregon.

C. Permits Responsibility of Applicant. Building and electrical permits shall be the responsibility of the applicant. Prior to obtaining building and electrical permits, the applicant shall obtain a sign permit or demonstrate an exception from the permit requirements of this chapter.

D. Inspections. If a building permit is required, the building official shall perform a sign inspection.

1. Inspections shall be performed upon notification by the permit holder that the construction is ready for inspection.

2. Failure of the permit holder to notify the building official of the progress of construction for inspection purposes may result in the revocation of the sign permit.

3. A final inspection of a sign shall be made upon completion of all construction work and prior to its illumination.

4. All signs may be inspected or reinspected at the discretion of the building official. The building official or his/her designee shall inspect all components of construction that require permits in accordance with the adopted building and/or electrical codes. The building official or his/her designee may enter at reasonable times upon the premises for the purpose of inspection of signs under construction.

E. Good Repair and 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 upon which they are located shall be maintained in a neat, clean, and attractive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted. Signs that are faded, torn, damaged, or otherwise unsightly, or in a state of disrepair, shall be immediately repaired or removed.

F. No Obstructions. No sign shall be erected or maintained 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. No signs shall be erected or maintained so as to obstruct any building opening to such an extent that light or ventilation is reduced below minimums required by any applicable law or provisions of this code. (Ord. 09-04 § 2, 2009)

15.16.600 Deviations from sign code provisions.

A. General Provisions. Deviations from sign code provisions may be considered through a sign code adjustment and/or sign code variance procedure. Adjustments and variances to the numeric standards of this chapter shall be allowed only in compliance with this section.

1. Adjustments may be requested to allow relocation of a sign, on the subject property, reducing or increasing the height of a sign, or enlarging the area of a sign by 10 percent or less of a dimensional standard.

2. Variances may be requested when the amount of deviation exceeds 10 percent.

3. Adjustments or variances allowing the use of prohibited signs, or allowing signage other than that specifically allowed by this code, are not permitted. (Ord. 09-04 § 2, 2009)

15.16.610 Adjustments.

A. Adjustments. Requests for adjustments shall be filed with the city, on a form provided by the community development department, and accompanied by a fee as approved by the city council. The request shall include the information required for a sign permit, as specified in SMC 15.16.030, the specific standard from which the adjustment is requested, and the numeric amount of the adjustment, and written responses to the following approval criteria:

1. The requested adjustment is for 10 percent or less of a numerical standard.

2. The need for the requested adjustment is created by the configuration of an existing or proposed structure on the site.

3. The need for the requested adjustment is created by the configuration of the existing lot boundaries or topography of the site.

4. The design and operating characteristics of the proposed sign are reasonably compatible with the placement of surrounding development and land uses, and any negative impacts have been sufficiently minimized.

B. Review. The community development director shall conduct a review of the request for sign adjustments. The community development director shall approve, approve with conditions, or deny the adjustment, based upon the evidence in the application. The community development director may impose such conditions as are deemed necessary to mitigate any adverse impacts which may result from approving the adjustment.

C. Notice of Decision. The community development director shall issue a decision in writing explaining the reasons why the adjustment was approved or denied. The decision shall be mailed to the address of the applicant on the application by regular mail. The decision of the community development director is final, unless appealed to the city council. (Ord. 09-04 § 2, 2009)

15.16.620 Variances.

A. Variances. Requests for variances shall be filed with the city, on a form provided by the community development department, and accompanied by a fee as established by the city council. The request shall include the information required for a sign permit, as specified in SMC 15.16.030, the specific standard from which the variance is requested, the numeric amount of the variance, and written responses to the following review criteria:

1. Strict application of the code requirement would deny the applicant a reasonable opportunity to communicate by sign in a manner similar to like persons or uses because of an unusual or unique circumstance relating to the property or the proposal, such as site or building location, building design, physical features on the property, or some other circumstance.

2. The sign which would result from the variance will not affect the surrounding neighborhood or other property affected by the request in a manner materially inconsistent with the purpose of the sign code as stated in SMC 15.16.010.

3. The degree of the variance is limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstance identified pursuant to subsection (A)(1) of this section.

B. Review. The city council shall review requests for sign variances. The city council shall approve, approve with conditions, or deny the variance. The city council may impose such conditions as are deemed necessary to mitigate any adverse impacts which may result from approving the variance.

C. Notice of Decision. The city council shall issue its decision in writing explaining the reasons why the variance was approved or denied. The decision shall be mailed to the address of the applicant on the application by regular mail. The decision of the city council shall be final. (Ord. 09-04 § 2, 2009)

15.16.630 Appeal of decision on sign permit.

A. An applicant may appeal the denial of an application for a sign permit, conditions of permit approval, or revocation of a permit.

An appeal may be initiated by filing a form prescribed by the city council, which is filed within 20 days of the date of mailing of the sign permit decision by the community development director. The form shall specify the bases for the appeal. In considering the appellant’s contentions, the city council shall exercise only the review authority listed in SMC 15.16.620(A).

B. The city council shall conduct a review of the appeal within 60 days following the receipt of the filed notice of appeal.

C. The city council shall grant or deny the permit based upon evidence provided in the application or information gained through its review.

D. The city council shall issue its decision in writing explaining the reasons why the permit was granted or denied. The decision shall be mailed to the address of the applicant on the application by regular mail. (Ord. 09-04 § 2, 2009)

15.16.700 Enforcement of sign code – General provisions.

A. The following referenced code sections may be utilized for enforcement of this sign code, in regard to the types of sign violations referenced:

1. Sign in public right-of-way or on city-owned real property: SMC 15.16.710.

2. Sign on private property or on non-city-owned public property, other than on public right-of-way: SMC 15.16.720.

3. Removal of unsafe sign: SMC 15.16.730.

4. Removal of abandoned sign: SMC 15.16.740.

B. In addition to any other provisions contained herein, the community development director or his/her designee is authorized to undertake such action as the community development director or his/her designee deems necessary and convenient to carry out the provisions of this sign code, as is permitted by law.

C. Nothing contained herein shall preclude the issuance of citations for civil violations of this chapter, either prior to, concurrently with, or after action is commenced to declare a sign to be unlawful or to removal an unlawful sign.

D. The community development director or his/her designee may promulgate reasonable rules and regulations necessary to carry out the provisions of this chapter.

E. When a sign is removed, altered, and/or stored under these enforcement provisions, fees to recover costs for removal and storage may be collected against the sign owner and/or the person responsible for the placement of the sign. The city council shall establish the fees for removal and storage of signs, and for other associated fees, by resolution, from time to time.

F. This chapter shall not be construed to create mandatory enforcement obligations for the city. The enforcement of this chapter shall be a function of the availability of sufficient financial resources consistent with adopted budgetary priorities and prosecutorial priorities within the range of delegated discretion to the community development director or his/her designee. (Ord. 09-04 § 2, 2009)

15.16.710 Enforcement – Sign in public right-of-way or on city-owned real property.

A. Any sign installed or placed in a public right-of-way or on city-owned real property, except in conformance with the requirements of this chapter, may be immediately removed by the community development director or his/her designee without prior notice to the owner of the sign.

B. The city may store any sign removed by the community development director or his/her designee for a period of 30 days when the sign is constructed of durable materials and contains sufficient information to contact the person responsible for placement of the sign. The city shall continue to store such sign for any additional period during which an appeal or review thereon is before the community development director or his/her designee. When signs are of durable materials and contain sufficient contact information, then the person responsible shall be notified as provided in subsection (C) of this section. Signs that are constructed of nondurable materials and/or lack sufficient contact information may be immediately disposed.

C. If a telephone number or address of the sign owner, person responsible, or person or business that is the subject of the communication on the sign is on the text of a sign, the city shall contact said person or business by telephone and/or mail (based on the manner of contact stated on the sign) to advise that:

1. The sign was found in a location the city believes to be a public right-of-way or city-owned real property;

2. That no permit was issued for the placement of the sign in said location, and that the sign is not otherwise lawfully permitted to be in said location.

The communication shall advise said person or business that the city has confiscated the sign and shall destroy the sign after 30 days from the time the person responsible is notified, unless either the sign is claimed and the removal and notice fees are paid in full or a request for hearing is submitted by the reputed sign owner to the community development director.

If no telephone number or mailing address is stated for the owner of the sign on the sign, the city shall retain signs of durable materials for a period of 15 days to permit the sign owner to ascertain that the sign has been removed and to claim the sign after paying the appropriate fee and/or filing a request for hearing with the city manager. The city, at its own discretion, may waive the fees associated with this enforcement activity.

D. Upon receipt of a request for hearing, the city manager shall determine that that applicable fee is paid, and shall then schedule a hearing before the municipal judge within 30 calendar days. The city manager shall notify the reputed sign owner and the appropriate city staff of the date, time, and place of the hearing to review the conditions related to the sign’s removal.

1. The hearing shall be conducted by the municipal judge. The procedures for the hearing shall be established by the municipal judge sufficient to provide the parties not less than the minimum due process required under state and federal law.

2. A prima facie code violation shall be found if it is shown that:

a. The sign was located in a public right-of-way or city-owned real property; and

b. The sign owner is not a public entity or other public entity authorized to install and maintain public signs within the public right-of-way under this sign code.

3. The sign owner may rebut the prima facie violation upon a showing that the sign was lawfully permitted within the public right-of-way or city-owned real property, or that the law does not require the sign owner to obtain a permit under this sign code.

4. The municipal judge shall issue a written decision within seven days following close of the hearing. The decision shall be based upon substantial evidence in the record. A copy of the decision shall be mailed to the reputed sign owner at such address as provided on the request for hearing. The decision of the municipal judge shall be the final decision of the city.

5. If the municipal judge determines that the sign was not lawfully placed within the public right-of-way or city-owned real property, then, following any applicable appeal or review period, the sign shall either be destroyed in such manner as the community development director determines appropriate or if the person responsible for the sign or other interested person desires to reclaim the sign, they must request the sign in writing within three days.

6. To reclaim any sign removed by the community development director, the person reclaiming the sign shall pay the city the fee as established by the city council resolution to recover costs for sign code enforcement and storage actions. If the owner of the sign has not reclaimed the sign as provided herein, the community development director may destroy the sign or dispose of it in any manner deemed appropriate. Destruction of the sign is in addition to any fees and penalties that may be imposed under separate proceedings for civil violation of this sign code.

7. If the municipal judge determines that the sign was lawfully placed within the public right-of-way or city-owned real property, then the city shall reinstall the sign to the same place that it was removed within three business days of the issuance of the decision and the fee for the request for hearing shall be refunded to the payer of the fee.

8. The city has the right to appeal the decision of the municipal judge. Should the city appeal the municipal judge’s decision, reinstallation of sign shall be delayed until the appeal period has passed.

9. Costs, as determined by SMC 15.16.700, shall be the responsibility of the sign owner and the person responsible for the placement of the sign, collectively and individually. (Ord. 09-04 § 2, 2009)

15.16.720 Enforcement – Sign on private property or on non-city-owned public property, other than on public right-of-way.

A. The community development director may order the removal of any sign erected or maintained on private property or on non-city-owned public property, other than on public right-of-way, in violation of the provisions of this chapter or other applicable provisions of this code. If necessary to enter the premises to inspect the sign, the community development director shall seek an administrative warrant for entry to the premises.

B. An order to bring a sign into compliance or to remove a sign shall be in writing and mailed or delivered to the owner of the sign, if known, and the owner of the building, structure or premises on which the sign is located, if the owner of the sign is not known.

C. The order shall inform the owner of the sign, if known, and the owner of the building, structure or premises on which the sign is located, if the owner of the sign is not known, that the sign violates the regulations in this chapter and must be brought into compliance or be removed within 30 days of the date of the order, or such earlier date as shall be stated in the order. The order shall also state the reasons why the community development director concludes the sign violates the regulations in this chapter and shall inform the owner of the sign, if known, and the owner of the building, structure or premises on which the sign is located, if the owner of the sign is not known, of the right to submit a request for hearing, to determine whether or not the sign is in violation of this sign code.

D. A request for hearing shall be filed by the reputed owner of the sign, or owner of the building, structure or premises on which the sign is located, within 15 days following mailing or delivery of the order. The request for hearing shall be filed with the city manager.

E. Upon receipt of the request for hearing, the city recorder shall proceed in the manner specified in SMC 15.16.630, and a hearing shall be held, and decision issued, in the manner specified in SMC 15.16.630.

1. A prima facie violation of this code shall be met if it is shown that the sign:

a. Does not conform to the requirements of this code; or

b. Is posted by a person that is not authorized to post the sign in the specific location.

2. The prima facie violation may be rebutted upon a showing that the sign was lawfully permitted or authorized under this code, or is otherwise required to be installed and maintained by state or federal law.

F. If the municipal judge determines that the sign is not permitted or authorized by this sign code, or by other applicable state or federal law, then within 10 days following any applicable appeal or review period, the owner of the sign, or owner of the building, structure or premises on which the sign is located, shall cause the sign to be removed, or altered in such a manner as to be made to conform to the requirements of this sign code. A sign which is not removed or altered in such a manner as to be made to conform to the requirements of this sign code is defined as a public nuisance.

G. The city manager may:

1. Exercise all rights and remedies to cause the removal of the sign, including but not limited to removal of public nuisance, injunctive order, or as otherwise existing under Oregon law; and/or

2. Seek judgment against the owner of the land and the sign owner, individually, or collectively, for the removal and other costs pursuant to SMC 15.16.700, and may collect upon the judgment in the manner provided by Oregon law; and/or

3. Seek such additional orders from a court of competent jurisdiction to permit entry upon the premises and removal of the sign.

H. Costs, as determined by SMC 15.16.700, shall be the responsibility of the sign owner and the person responsible for the placement of the sign, collectively and individually. The costs shall be made a lien against the land or premises on which such sign is located, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city. (Ord. 09-04 § 2, 2009)

15.16.730 Removal of unsafe signs.

A. If the community development director or building official finds that any sign by reason of its condition presents an immediate and serious danger to the public, the community development director may, without prior written notice, order the immediate removal or repair of the sign within a specified period. The community development director shall follow the procedures provided in SMC 15.16.720, except that the community development director may shorten the time deadlines as reasonable, considering the risk to the public from the sign if the sign were to fail.

B. If the community development director or building official determines that the sign presents an immediate and serious danger to the public, then within such time as set by the community development director and/or municipal judge, the owner of the sign, or owner of the building, structure or premises on which the sign is located, shall cause the sign to be removed, or altered in such a manner as to be made to eliminate the threat of death, injury, or damage to the public and its property. A sign which is not removed or altered in such a manner as to be made safe is defined as a public nuisance.

C. Costs, as determined by SMC 15.16.700, shall be the responsibility of the sign owner and the person responsible for the placement of the sign, individually and collectively. The costs shall be made a lien against the land or premises on which such sign is located, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city. (Ord. 09-04 § 2, 2009)

15.16.740 Removal of abandoned signs.

A. Abandoned Sign Removal. An owner of a sign shall remove the sign when it is abandoned.

B. Ordering the Removal of Abandoned Signs. The community development director or building official may order the removal of abandoned signs in the same manner as provided in SMC 15.16.720, and the procedures for requesting a hearing, and the decision issued, shall be as set forth therein.

C. Abandonment of a Sign. Abandonment of a sign shall be made when it is shown that:

1. The sign is no longer used by the person or business that constructed the sign or the property where the sign is located is no longer being used for the purpose identified on the sign. The sign owner may rebut the determination of abandonment upon showing that a reasonable effort is under way to continue the use of the property or sign;

2. The sign has been damaged, and repairs and restoration are not started within 90 days of the date the sign was damaged, or are not diligently pursued, once started.

D. Sign Owner Responsible. Costs, as determined by SMC 15.16.700, shall be the responsibility of the sign owner and the person responsible for the placement of the sign, collectively and individually. When payment of enforcement or other fees related to this chapter are not made in a timely manner, then these costs shall be made as a lien against the land or premises on which such sign is located, and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket of the city. (Ord. 09-04 § 2, 2009)

15.16.800 Reserved.

(Ord. 09-04 § 2, 2009)

15.16.900 Violations.

A. Violation Actions. It shall be a violation of this code for any person to perform, undertake, allow, or suffer the following:

1. Installing, creating, erecting, suffering, or maintaining any sign in a manner that is not in conformance with the provisions of this code;

2. Altering an existing nonconforming sign in such a manner that it does not conform to the provisions of SMC 15.16.070;

3. Failing to remove any nonconforming sign after being ordered to do so.

B. Continuing Violation. Each day of a continued violation shall be considered a separate violation when applying the penalty provisions of this code. (Ord. 09-04 § 2, 2009)

15.16.910 Penalties and other remedies.

A. The municipal court is empowered to hear and determine violations of this chapter.

B. In addition to any other penalty of law, the municipal court or any other court of competent jurisdiction may issue a judgment necessary to ensure cessation of the violation, including but not limited to injunctive order and/or monetary penalty.

C. Any person who places a sign on property in violation of this chapter shall be punishable by a fine established by the Silverton city council. (Ord. 09-04 § 2, 2009)