A.   Traffic: Traffic control signs and instruments of the state, county or municipality provided for public safety, information or assistance.

B.   Utility: Signs of public utility companies or railroads which aid public safety, or which show the location of underground facilities or of public telephone. (Ord. 667, 9-24-1984)

A.   Project Over Property: Signs may not project out over public property beyond ten feet (10') nor closer than two feet (2') from the vertical extension of the curb line, whichever is less.

B.   Vertical Clearance: All signs shall have a vertical clearance of ten feet (10') above public property. After review by the planning department, awnings or marquees may be allowed within eight feet (8') above public property. (Ord. 764, 5-26-1992)

C.   Public Property: No sign shall stand or be based on public property.

D.   Nonconforming Signs: All nonconforming signs advertising a business that has been discontinued from active use for a period of one year shall comply with this chapter prior to resumption of business.

E.   Building Code: All signs must be structurally in conformance with the building code.

F.   Regulatory Equipment: Regulatory equipment shall be installed in all electric signs to preclude interference with radio and television.

G.   Sign Faces And Measurements:

1.   Single Face Sign: A single face sign is one with advertising on only one surface of the sign.

2.   Double Face Sign: A double face sign is one with advertising on two (2) surfaces back to back.

3.   Multi-Face Sign: A multi-face sign is one with more than one section or module. (Ord. 667, 9-24-1984)

4.   Size: The size of a sign shall be the entire area within any type or perimeter or border which encloses the outer limits of any writing, representation, emblem, figure or character. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area within a parallelogram or a triangle of the smallest size sufficient to cover the entire area of the sign and computing the area of the parallelogram or triangle. The area of a sign for awnings or marquees shall be computed in this manner. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign. Conforming and/or nonconforming signs in existence at the time of the enactment of this chapter shall be counted in establishing the permitted area or size of all new signs to be allowed on the property. (Ord. 764, 5-26-1992)

H.   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, neat, clean and attractive condition, free from rust, corrosion, peeling paint or other surface deterioration. (Ord. 667, 9-24-1984)

A.   Construction Project Sign: A sign erected in conjunction with construction projects and used to inform the public of the architects, engineers and construction organizations participating in the project and indicating "future home of" information. One such sign may be erected after appropriate building permits have been obtained. No such sign shall exceed sixty four (64) square feet total and thirty two (32) square feet per face; no freestanding signs shall exceed eight feet (8') in height. The sign shall be removed at the time final occupancy is approved by the state building inspector.

B.   Garage Sale Sign: A sign advertising garage sales or similar events. Such signs are allowed in residential zones. They shall not exceed a size per face of two (2) square feet and shall not exceed four feet (4') in height. Such signs shall not be erected prior to one week before this event and shall be removed no later than the day after the event. They shall not be placed in the public right of way or vision clearance areas. (Ord. 667, 9-24-1984)

C.   Gas Station Price Sign: Up to three (3) changeable copy signs may be allowed for the purpose of advertising gasoline prices. Each sign shall be a one or two (2) face sign with a maximum of four (4) square feet in area per face and shall be permanently affixed to the building or freestanding sign. This may be in addition to any other signs allowed for the property. (Ord. 764, 5-26-1992)

D.   Nameplate: A sign identifying the name, street address, occupation and/or profession of the occupant of the premises; graphic information on all nameplates shall be limited to the identification of the business name as registered with the state of Oregon. One nameplate, not exceeding two (2) square feet total shall be allowed for each occupant; the nameplate shall be affixed to the building wall.

E.   Opening Banner: A banner announcing the opening of a new business. One banner shall be permitted for a period of three (3) weeks prior to and three (3) weeks after the actual opening. Such banner shall not exceed sixty four (64) square feet total and thirty two (32) square feet per face. This section does not apply to announcing the availability of office space or residential units.

F.   Private Real Estate Sign: A sign placed by persons not employing a real estate broker, agent or salesperson to sell or rent structures or real property.

1.   In all residential zones, such signs shall not exceed three (3) square feet per face, six (6) square feet per sign.

2.   In the commercial zones (C-1 and C-2) and in the I-M zone, such signs shall not exceed sixteen (16) square feet per face, thirty two (32) square feet per sign.

G.   Public Safety And Convenience: A sign used to serve the public safety or convenience, such as "entrance" signs, "parking" signs. Such signs shall not exceed three (3) square feet per face, per sign.

H.   Commercial Real Estate Sign: A sign for the purpose of rent, lease, sale, etc., of real property, building opportunities or building space.

1.   In all residential zones, the sign shall not exceed three (3) square feet per face, six (6) square feet per sign. One such sign is permitted per parcel, or per each one hundred fifty feet (150') of street frontage.

2.   In the commercial zones (C-1 and C-2) and in the I-M zone, such signs shall not exceed sixteen (16) square feet per face, thirty two (32) square feet per sign. One such sign is permitted per parcel, or per each one hundred fifty feet (150') of street frontage.

I.   Special Event Sign: A sign advertising or pertaining to any special community event sanctioned or sponsored by the city council taking place within the city.

J.   Window Sign: A sign not exceeding twenty percent (20%) of interior window area per window.

K.   Political Campaign Sign: Political campaign signs shall be placed on private property, not in a street right of way. They shall not exceed thirty two (32) square feet per face, sixty four (64) square feet per sign. All such signs shall be removed within five (5) days after the election which they advertise. (Ord. 667, 9-24-1984)

A.   Billboard: Signs advertising merchandise or services other than those available for sale on the premises.

B.   Changeable Copy Sign: A sign which contains numbers, letters or symbols capable of being changed.

C.   Fence Sign: A sign attached to or painted on a fence. Fence signs shall be subject to the same requirements as a freestanding sign and shall not exceed the height of the fence.

D.   Flashing Sign: A sign with flashing lights or which changes brightness of illumination.

E.   Freestanding Sign: A sign supported by one or more uprights, poles or braces placed in or upon the ground, or a sign supported by any structure primarily for the display and support of the sign.

F.   Moving Sign: A sign which revolves, rotates or has moving parts.

G.   Projecting Sign: A sign which projects up to eight feet (8') beyond a building wall surface, or within two feet (2') of the curb, or up to two-thirds (2/3) of the width of the sidewalk, whichever is less.

H.   Wall Sign: A sign attached to, erected against or painted on a wall of a building or structure, with the exposed face of the sign in a plane approximately parallel to the face of said wall and not projecting more than twelve inches (12"). A sign projecting more than twelve inches (12") is a projecting sign. (Ord. 667, 9-24-1984)

I.   Hanging Sign: A sign that is mounted to hang, without other supports, from an awning, porch or structure. (Ord. 925, 6-13-2005)

A.   Signs listed in sections 10-7-2 and 10-7-4 of this chapter.

B.   One temporary freestanding or wall sign not exceeding sixty four (64) square feet of total display area per subdivision advertising the sale of the tract or the lots. (Ord. 667, 9-24-1984)

C.   One freestanding sign, illuminated by a spotlight if desired and not to exceed thirty two (32) square feet per display surface and one wall sign, not to exceed twenty percent (20%) of the wall area, to identify places of worship. (Ord. 887, 10-23-2000)

A.   Signs listed in sections 10-7-2 and 10-7-4 of this chapter.

B.   One nonilluminated freestanding or wall sign, not to exceed two (2) square feet total display surface, for the purpose of advertising approved home occupations.

C.   One temporary freestanding sign, not exceeding sixty four (64) square feet of total display area, per subdivision, advertising the sale of the tract or the lots. (Ord. 667, 9-24-1984)

D.   One freestanding or wall sign, illuminated by a spotlight if desired and not to exceed thirty two (32) square feet per display surface, to advertise multi-family dwelling developments and planned unit developments.

E.   One freestanding sign, illuminated by a spotlight if desired and not to exceed thirty two (32) square feet per display surface and one wall sign, not to exceed twenty percent (20%) of the wall area, to identify places of worship. (Ord. 887, 10-23-2000)

A.   Signs listed in sections 10-7-2 and 10-7-4 of this chapter.

B.   One temporary freestanding or wall sign not exceeding sixty four (64) square feet in area per subdivision, advertising the sale of the tract or lots. (Ord. 667, 9-24-1984)

C.   One freestanding or wall sign, illuminated by a spotlight if desired and not to exceed thirty two (32) square feet per display surface, to advertise manufactured home parks, multi-family dwelling developments, planned unit developments, or nursing homes and residential care facilities. The sign shall be natural wood finish or muted earth tone colors. (Ord. 887, 10-23-2000)

D.   One nonilluminated freestanding or wall sign not to exceed two (2) square feet total display surface for the purpose of advertising approved home occupations. (Ord. 667, 9-24-1984)

E.   One freestanding sign, illuminated by a spotlight if desired and not to exceed thirty two (32) square feet per display surface and one wall sign, not to exceed twenty percent (20%) of the wall area, to identify places of worship. (Ord. 887, 10-23-2000)

A.   Signs listed in sections 10-7-2 and 10-7-4 of this chapter.

B.   One temporary freestanding or wall sign not exceeding sixty four (64) square feet in area per subdivision, advertising the sale of the tract or lots. This provision applies only to uses for parcels which meet the standards for this use.

C.   One freestanding or wall sign, illuminated by a spotlight, and not to exceed thirty two (32) square feet per display surface. The sign shall be natural wood finish or muted earth tone colors. This provision applies only to commercial uses on parcels which are being carried out in a structure not originally constructed for residential use.

D.   One nonilluminated wall or hanging sign not to exceed six (6) square feet total display surface for the purpose of advertising approved uses, including home occupations. (Ord. 925, 6-13-2005)

A.   Allowed: Signs listed in sections 10-7-2 and 10-7-4 of this chapter.

B.   Home Occupation: One nonilluminated freestanding or wall sign not to exceed two (2) square feet total display surface for the purpose of advertising approved home occupations.

C.   Business Signs:

1.   A place of business shall be permitted one freestanding sign and one wall sign. (Ord. 667, 9-24-1984)

2.   Freestanding and projecting signs shall be no larger than 0.5 square feet per linear foot of lot street frontage per display surface, with a maximum of two (2) display surfaces. However, in no case shall each display surface exceed two hundred twenty five (225) square feet. (Ord. 887, 10-23-2000)

3.   Wall signs shall be a maximum of twenty percent (20%) of the area of the front entry wall of the business.

4.   Businesses which occupy buildings having two (2) or more street frontages shall be permitted one wall sign on each wall which faces a street. The sign on the main frontage or entry wall of the business shall be a maximum of twenty percent (20%) of the wall area and the sign on any side wall or secondary entry shall be a maximum of ten percent (10%) of that wall area. Each wall shall be a separate unit for area calculations. Wall areas shall not be combined in any way to increase the size or number of signs permitted.

5.   All freestanding signs shall be on premises. No billboards shall be permitted. (Ord. 695, 4-28-1986)

D.   Residential Zone: A flashing or moving sign shall not be located within seventy five feet (75') of a residential zone. (Ord. 667, 9-24-1984)

E.   Off Premises Signs:

1.   Off premises signs shall be allowed along designated Oregon/Washington Highway 11 within the city of Milton-Freewater, more specifically: S. Main Street from S.E. 3rd Avenue to S.E. 14th Avenue, S. Columbia from S.E. 3rd Avenue to E. Broadway, and North Columbia from E. Broadway to the northern city limits boundary across North Columbia Street. Off premises signs shall only be allowed on lots with street frontage along these designated streets. (Ord. 723, 3-14-1988)

2.   Each lot, parcel, or tract of land shall have a sign allowance defined by the standards set forth in subsection C of this section. This sign allowance shall be the maximum square footage of signs allowed to be installed on that lot. Increases in sign area standards due to sign appearance incentive shall not be applied to sign allowance for off premises signs.

3.   One off premises sign shall be allowed per business or service identified. Application shall be made by landowner and proprietor of the business or service identified. A copy of the lease agreement shall be submitted with the application.

4.   Size of off premises signs shall be determined by sign allowance for the host property. Existing signs shall be subtracted from sign allowance with the remainder to be made available for off premises signs. Maximum size shall be forty (40) square feet per display surface with maximum of two (2) display surfaces. (Ord. 717, 10-12-1987)

5.   Notwithstanding any other provision of this chapter, any off premises sign in the area described in this subsection E which is allowed by the state of Oregon off premises sign regulations may be allowed by the planning commission as a conditional use. (Ord. 741, 7-24-1989)

A.   Signs listed in sections 10-7-1 and 10-7-4 of this chapter.

B.   Retail businesses located in an I-M zone shall be regulated by the provisions of section 10-7-11 of this chapter.

C.   Industrial businesses shall be permitted one freestanding sign as provided by subsections 10-7-11C2 and C5 of this chapter and wall signs as provided in subsections 10-7-11C3 and C4 of this chapter. (Ord. 695, 4-28-1986)

A.   Signs listed in sections 10-7-2 and 10-7-4 of this chapter.

B.   Businesses located in this zone with a posted speed of between twenty five (25) and fifty five (55) miles per hour shall be regulated by the provisions of section 10-7-11 of this chapter. (Ord. 667, 9-24-1984)

C.   Businesses located in this zone with a posted speed of fifty five (55) miles per hour or higher shall be no larger than 0.75 square feet per linear foot of lot street frontage per display surface with a maximum of two (2) display surfaces. However, in no case shall each display surface exceed two hundred twenty five (225) square feet. (Ord. 887, 10-23-2000)

A.   Signs in vision clearance areas as defined in section 10-5-3 of this title.

B.   Pennants, streamers, festoon lights and other similar devices with parts intended to be moved by the wind. (Ord. 667, 9-24-1984)

C.   Signs attached to any publicly owned tree or public utility pole, other than signs posted by public utilities. (Ord. 764, 5-26-1992)

D.   Signs using bare bulb illumination or lighted so that the immediate source of illumination is visible. This is not intended to prohibit the use of neon as a source of illumination.

E.   Any sign which purports to be or is an imitation of or resembles an official traffic sign or signal, or which bears the words "STOP", "GO", "SLOW", "CAUTION", "DANGER", "WARNING", or similar words.

F.   Any sign which by reason of its size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control device, or which hides from view any traffic sign or signal.

G.   Signs designed or used for the purpose of emitting sound or dispersing smells.

H.   A sign or sign structure constructed so that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, standpipe or the exterior of any window. (Ord. 667, 9-24-1984)

A.   The sign area standards contained in this chapter may be increased. (Ord. 887, 10-23-2000; amd. Ord. 925, 6-13-2005)

B.   Application for and consideration of modification of sign standards shall be made in the same manner as provided in section 10-3-9 of this title for level III procedure.

C.   In considering an application for modification of the sign standards, the planning commission shall consider the following factors:

1.   Increase in signage shall be allowed only for signs that are well balanced to the scale of the property and the neighborhood, that are indirectly illuminated or not illuminated, that are constructed of natural materials, and where the overall aesthetic effect is more pleasing than would be the case without planning commission action. (Ord. 709, 5-26-1987)

A.   Temporary signs may be allowed for any period up to one year.

B.   Temporary signs may be allowed by the planning commission on public property with the consent of the owner of the public property and the consent of the property owner immediately adjacent when the public property is street right of way. When the property owner is the city, the city manager shall be empowered to act for the city in consenting to the placement of the sign.

C.   When considering an application for the placement of a sign under the provisions of this section, the planning commission shall consider the following:

1.   The extent to which the sign is necessary to promote the public welfare and community good.

2.   The size, design, and general appearance of the sign. The sign must be attractive in appearance and of the minimum size required to accomplish the purpose.

3.   The extent of general public support for the sign, as evidenced by testimony presented to the commission.

4.   The extent to which the sign placement is supported by residents and/or businesses adjacent to the sign location.

D.   The commission may establish such restrictions or conditions on the approval of any application as appears necessary in the judgment of the planning commission to protect the public welfare and to carry out the general intent of this chapter.

E.   Applications filed under the provisions of this section shall be considered as provided in section 10-3-9 of this title. Notice shall be provided to property owners within one hundred feet (100') of the sign location and in a newspaper of general circulation as provided in subsection 10-3-15C2 of this title. (Ord. 729, 9-26-1988)

A.   Nuisance: Signs which are placed or which exist in violation of this chapter are declared to be a public nuisance.

B.   Liable: No owner of property, and no lessor, tenant, or occupant thereof, shall allow signs in violation of this chapter to exist on the subject property. The owner of the property, and any lessor, tenant, or occupant thereof shall be jointly and severally liable for the removal of any sign in violation of this chapter.

C.   Prosecution: An individual identified in subsection B of this section who is in violation thereof shall be subject to prosecution as provided for in sections 10-1-1 through 10-1-12 of this title.

D.   Abatement Of Nuisances:

1.   Enforcing Authority: The city manager shall have full authority of law to enforce the provisions of this chapter. The city manager may delegate any portion or all of this authority to his agents. Nothing herein shall limit the responsibility, authority, or powers of enforcement given under the city ordinances or other state law. The term "manager", as used in this chapter, shall mean the city manager or his agent.

2.   Public Hearing: The manager shall compile a list of properties in violation of this chapter as often as needed and shall convene a public hearing before the city council to consider abatement of signs declared herein to be a public nuisance.

3.   Notice:

a.   At least ten (10) days prior to the public hearing, the manager shall cause a notice to be posted at the site of the nuisance.

b.   At the time of posting, the manager shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person or persons identified in subsection B of this section at the person's last known address.

c.   The notice to abate shall contain:

(1)   A description of the real property, by street address or otherwise, on which the nuisance exists.

(2)   A direction to abate the nuisance within ten (10) days from the date of the notice or to appear before the council at the public hearing to show cause why the nuisance should not be abated.

(3)   A description of the nuisance.

(4)   A statement that unless the nuisance is removed the city may abate the nuisance; and the cost of abatement will be charged to the person responsible and will become a lien against the subject property.

(5)   A statement that failure to abate a nuisance may warrant imposition of a fine or jail sentence.

d.   An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient.

4.   Resolution: At the conclusion of the public hearing, the council may pass a resolution authorizing the abatement of any identified nuisance at the cost of the owner of the property responsible for the nuisance. The resolution will include the authorization for the manager at reasonable times to enter into or upon property to investigate or cause the removal of the nuisance.

E.   Assessment Of Costs:

1.   The manager shall keep an accurate record of the expenses incurred by the city in physically abating the nuisance and shall include therein a charge of ten dollars ($10.00) or ten percent (10%) of those expenses, whichever is greater, for administrative overhead.

2.   The manager, by registered or certified mail, postage prepaid, shall forward to the owner and any other person responsible a notice stating:

a.   The total cost of abatement, including the administrative overhead.

b.   That the cost as indicated will be assessed to the person responsible and become a lien against the property unless paid within thirty (30) days from the date of the notice.

c.   That if the owner or the person responsible objects to the cost of the abatement as indicated, he may file a notice of objection with the manager not more than ten (10) days from the date of the notice.

3.   Upon the expiration of ten (10) days after the date of the notice, the council, in the regular course of business, shall hear and determine the objections, if any, to the costs assessed.

4.   If the costs of the abatement are not paid within thirty (30) days from the date of the notice, an assessment of the costs, as stated or as determined by the council, shall be made by resolution and shall thereupon be entered in the docket of city liens. Upon the entry being made, it shall constitute a lien upon the property from which the nuisance was removed or abated, and shall remain the personal obligation of the responsible person.

5.   The lien shall be enforced in the manner as liens for street improvements are enforced and shall bear interest at the rate of nine percent (9%) per annum. The interest shall begin to run from the date of the entry of the lien in the lien docket. Unless paid within one year after assessment, the manager may foreclose the lien in accordance with Oregon Revised Statutes 223.505 to 223.670.

6.   An error in the name of the owner or the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property, and the personal obligation of the responsible person.

F.   Application Of Chapter To Unauthorized Signs And Graffiti: This chapter shall apply to and regulate written and graphic material whether placed with or without the permission of the person or persons identified in subsection B of this section, including written or graphic material commonly considered graffiti and/or placed on buildings or other property by vandals. That the written or graphic material was placed upon property without the knowledge of the person or persons identified in subsection B of this section shall be no defense to the enforcement of this chapter. (Ord. 762, 12-9-1991)