The purpose of this article is to:
A. Encourage the effective use of signs as a means of communication
in the City of Española;
B. Maintain and enhance the aesthetic environment and the City of Española's
ability to attract sources of economic development and growth;
C. Improve pedestrian and traffic safety;
D. Minimize the possible adverse effect of signs on nearby public and
private property; and
E. Enable the fair and consistent enforcement of the sign restrictions
of this article.
Words and phrases used in this article shall have the meanings
set forth in this article. Principles for computing sign area and
sign height are contained in § 911. All other words and
phrases shall be given their common, ordinary meaning, unless the
context clearly requires otherwise. Section headings or captions are
used for reference only and shall not be used in the interpretation
of this article.
For the purpose of this article, certain terms, phrases, words
and their derivatives shall be constructed as specified in this article
or as specified in the Building Ordinance. Where terms are not defined, they shall have their ordinarily
accepted meanings within the context in which they are used.
A-FRAME SIGN
Also known as a "sandwich board sign." Any freestanding,
temporary, and/or movable sign usually constructed of two separate
wood or metal sign faces attached at the top. Cannot exceed 16 square
feet; must be removed at close of business; cannot be placed in public
right-of-way or impede ADA or pedestrian accessibility.
ABANDONED SIGN
Any sign that describes, directs attention to, gives directions
for locating any business or establishment no longer in operation,
or advertises a product no longer being marketed or any sign structure
lacking a sign face or sign copy for a period that exceeds six months.
ANIMATED SIGN
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
AWNING SIGN
Any sign that is painted, stamped, perforated, stitched,
or otherwise applied on a valance of an awning.
BANNER
Any sign of lightweight fabric or similar material that is
not permanently mounted to a pole or a building by a permanent frame
at one or more edges. National flags, state or municipal flags, or
the official flap of any institutions or business shall not be considered
banners.
BILLBOARD
Any sign which directs attention to a business, activity,
commodity, service, entertainment or communication which is not conducted,
sold or offered at the premises on which the sign is located, or which
does not pertain to the premises upon which the sign is located.
BUILDING FACADE
Any exterior wall of a building, including windows, doors,
and mansard, but not including a pitched roof.
BUILDING IDENTIFICATION SIGN
Any sign that serves to identify only the name, address,
and lawful use of the premises upon which it is located and provides
no other advertisements or product identification.
BUILDING MARKER
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry
surface or made of bronze or other permanent material.
CABINET SIGN
Any sign that contains all the text or logo symbols within
a single enclosed area.
CANOPY SIGN
Any sign that is part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy
sign.
CLEAR SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which there are restrictions on things erected, placed
or planted which would limit or obstruct the sight distance of motorists
entering or leaving the intersection.
COMMERCIAL MESSAGE
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
DEVELOPMENT SIGN
Any sign used to announce the name of a development being,
or to be, constructed; may include on it all firms involved in the
project who wish to advertise (to include licensing numbers where
appropriate).
DIRECTIONAL SIGN
Any sign limited to directional messages such as "enter"
or "exit." Logos and business names are permitted as needed to complete
the directional message.
ELECTRONIC MESSAGE SIGN
Any sign containing a display consisting of any array of
light sources, panels, or disks that are electronically activated.
The definition of "animated sign" is also applicable.
FIXED BALLOON
Any lighter-than-air or gas-filled inflatable object attached
by a tether to a fixed place.
FLAG
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity.
FLAG, DECORATIVE
Any sheet of fabric, square, rectangular or triangular shape
which is mounted on a pole, cable, or rope at one end, which may or
may not contain text or graphics.
FREESTANDING SIGN
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure. Types of freestanding signs include pedestal and
monument.
GOVERNMENT SIGN
A sign erected and maintained pursuant to and in discharge
of any government functions, or required by law, ordinance or other
regulation, including legal notices, advertisements, traffic, identification,
direction, and information signs on government property.
HANGING SIGN
Any sign that is suspended from and located entirely under
a covered porch, covered walkway, or an awning.
IDENTIFICATION SIGN
Any sign of an identification or of informational nature
bearing no advertising.
ILLUMINATED SIGN
Any sign that is illuminated by electric lights or luminous
tubes located within the interior of the sign.
INCIDENTAL SIGN
Any sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "no parking,"
"entrance," "loading only," "telephone" and other similar directives.
LOT or ZONE LOT
A parcel of land, the boundaries of which have been established
by a legal instrument of record, that is recognized and intended for
the purposes of transfer of ownership, that is of sufficient size
to meet minimum zoning requirements for area coverage and use, and
that can provide yards and other open spaces as required by the zoning
regulations.
MARQUEE
Any permanent, roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from weather.
MARQUEE SIGN
Any sign in any manner made a part of or attached to a marquee.
MONUMENT SIGN
Any freestanding sign that announces the name of a commercial
activity but does not exceed seven feet in height. The nonmessage
area (framework, supporting structures, and the like) of a monument
may not exceed the message area by more than 25%.
MURAL
Any picture or graphic illustration painted directly to a
wall of a building which does not advertise or promote a particular
business, service, or product.
NONCONFORMING SIGN
Any sign existing at the effective date of this chapter that
does not conform to the requirements of the chapter.
OFF-PREMISES SIGN
Any sign which directs attention to a business, commodity
or service sold, offered, or existing elsewhere than upon the same
lot where such sign is displayed (includes billboards).
ON-PREMISES SIGN
Any sign which directs attention to a business, commodity
or service which is sold, offered or existing on the same lot where
such sign is displayed; provided that an on-site sign may also display
a noncommercial message.
OPEN HOUSE SIGN
A sign used to announce a house held open to the public for
sale or tour by potential buyers. This applies to new and existing
homes.
PARAPET WALL
The vertical extension of a building exterior wall projecting
above the plate line of the building.
PEDESTAL SIGN
Any freestanding sign that exceeds seven feet in height and
is no lower than seven feet from the bottom of the sign to the ground.
PENNANT
Any lightweight plastic, fabric or other material, usually
in a series, whether or not containing a message of any kind, suspended
from a rope, wire or string and designed to move in the wind.
PERSON
Any individual, association, company, corporation, firm,
organization, or partnership, singular or plural, of any kind.
PORTABLE SIGN
Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including,
but not limited to, signs designed to be transported by means of wheels;
signs converted to A- or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public
right-of-way, unless the vehicle is used in the normal day-to-day
operations of the business (see definition of "vehicle sign").
PRINCIPAL BUILDING
The building in which is conducted the principal use of the
lot on which it is located. Lots with multiple principal uses may
have multiple principal buildings, but accessory structures shall
not be considered principal buildings.
PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
the building or wall.
REAL ESTATE SIGN
Any temporary sign placed upon property for the purpose of
advertising to the public the sale or lease of the property.
RESIDENTIAL SIGN
Any sign located on a lot zoned for residential uses that
contains no commercial message except advertising for goods and services
legally offered on the premises where the sign is located, if offering
such service at such location conforms with all requirements of this
chapter.
RIGHT-OF-WAY
The public property adjacent to a roadway, excluding medians,
which is under the jurisdiction of the City of Española.
ROOF SIGN
Any sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure. A sign attached to
an exterior wall of a building but whose face does not extend above
the parapet shall not be considered a roof sign.
SEARCHLIGHTS
An apparatus containing a light source and/or a reflector
for projecting an intensely bright beam of light used outside to attract
public attention to a particular site, event or place of business,
including but not limited to floodlights, spotlights, canister lights,
and other similar devices.
SETBACK
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
SHOPPING CENTER
A group of two or more retail or other commercial establishments,
having any or all of the following characteristics:
A.
The establishments are connected by a party wall, partitions,
canopies, or similar features.
B.
Some or all of the establishments are located in separate buildings
which are designed as a single commercial group sharing common parking
areas and vehicular ways and which are connected by walkways or other
access ways.
C.
The establishments are under the same management or association
for the purpose of enforcing reciprocal agreements controlling management
or parking.
SIGN
Any device, fixture, placard or structure that uses any colors,
graphics, illumination, symbol or writing to advertise, announce the
purpose of, or identify the purpose of a person or entity, or to communicate
information of any kind to the public.
SIGN DISTRICT
The classification for the purpose of calculating the signage
allowed for a particular lot.
SIGN MODIFICATION
Includes any changes in style, business name, dimension or
location; not to include alterations caused by ordinary maintenance
or minor repairs which do not increase the useful life of the sign
or are required for safety reasons.
SIGN REMODEL
Any change or update of a sign face or color of the sign.
STREET
A strip of land or way subject to vehicular traffic (as well
as pedestrian traffic) that provides direct or indirect access to
property, including, but not limited to, alleys, avenues, boulevards,
courts, drives, highways, lanes, places, roads, terraces, trails or
other thoroughfares.
STREET BLIMPS
Parked or travelling cars used primarily for advertising,
sometimes referred to as "street blimps" due to the large display
area. Street blimps are subject to the same restrictions as a vehicle
sign; however, the parking of street blimps in a residential area
is strictly prohibited.
STREET FRONTAGE
The distance for which a lot line of a lot adjoins a public
street, from one lot line intersecting the street to the furthest
distant lot line intersecting the same street.
SUBDIVISION SIGN
Any permanent sign placed on private property, in a private
easement at the entrance of residential or commercial subdivisions
for the purpose of identification of the subdivision, or the occupants,
tenants or businesses located within a commercial subdivision.
SUSPENDED SIGN
Any sign that is suspended from the underside of a plane
surface and is supported by the surface.
TEMPORARY POLITICAL SIGN
Temporary political signs may be located in any zoning district,
provided they are erected not more than 30 days before an upcoming
election and must be removed within five days following said election.
TEMPORARY SIGN
A sign that is intended for a temporary period of posting
on public or private property; is typically constructed from semi-durable
materials; and does not constitute a permanent structure.
VEHICLE SIGN
Any sign placed or painted on any motor vehicle, recreational
vehicle, trailer, or other movable device that reasonably indicates
the use of the vehicle, trailer, or device as a sign. Except where
an activity is legally offered, this includes the parking of a vehicle,
trailer, or device in a manner so as to constitute a sign, or when
vehicles and equipment are used as static displays to advertise a
product, service, or business.
WALL SIGN
Any sign attached parallel to, painted on the wall surface,
or erected and confined within the limits of an outside wall of any
building or structure, which is supported by the wall or building,
and which displays only one sign surface.
WINDOW SIGN
Any sign, pictures, symbol, or combination thereof, designed
to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the
windowpanes or glass and is visible from the exterior of the window.
The following signs shall be exempt from the provisions of this
article:
A. Official notices authorized by a court, public body or public safety
official.
B. Directional, warning or information signs authorized by federal,
state or municipal governments.
C. Memorial plaques, building identification signs and building cornerstones
when cut or carved into a masonry surface or when made of noncombustible
material and made an integral part of the building or structure.
D. The flag of a government or a noncommercial institution, such as
a school.
E. Religious symbols and seasonal decorations within the appropriate
public holiday season.
F. Works of art that do not include a commercial message.
G. Holiday lights and decorations with no commercial message.
All signs not expressly permitted under this chapter or exempt
from regulation hereunder in accordance with § 905 are prohibited
in the City.
Any person aggrieved by any decision or order of the Planning
Director or any decision or order may appeal such decision to the
Planning Commission.
All signs shall be designed, constructed and maintained in accordance
with the following standards:
A. All signs shall comply with the applicable provisions of the International
Building Code and the electrical code of the State of New Mexico and
this Code.
B. Except for banners, flags, window signs, and other temporary signs
conforming in all respects with the requirements of this article,
all signs shall be constructed of permanent materials and shall be
permanently attached to the ground, a building or another structure
by direct attachment to a rigid wall, frame or structure.
C. All signs shall be maintained in good structural condition, in compliance
with all building and electrical codes, and in conformance with this
Code.
D. The numerical address of the business/development shall be no less
than 10 inches in height.
The various zoning districts within Article
XII, § 1203, of the Development Code have been grouped together and classified as sign districts. Sign districts therefore need not represent specific zoning districts and may represent unique geographical areas. The Planning Director is responsible for determining which is the most applicable sign district for any lot. More than one sign district may apply to a lot if the lot has more than one street frontage. On the tables in this chapter, the headings have the following meanings:
RSF
|
Residential, single-family
|
This sign district may include any single-family or single-family
residential developments in the R-1, R-2, R-4, R-6 Zoning Districts
|
RMF
|
Residential, multifamily
|
This sign district may include any multifamily residential developments
in the, RM-PUD Zoning Districts
|
RMH
|
Residential, mobile homes
|
This sign district may include all residential mobile/manufactured
housing developments in the MHP-PUD Zoning District
|
HIS
|
Historical district
|
This sign district is for any properties designated as being
located within Historic Districts
|
ROI
|
Institutions
|
This sign district applies to institutional uses that are located
in residential zoning districts. The uses may include, but are not
necessarily limited to, churches, schools, funeral homes and cemeteries
|
NBD
|
Neighborhood Business District
|
This sign district is for nonresidential developments that are
in close proximity to residential developments; TC
|
COM
|
Commercial Business District
|
This sign district includes all nonresidential development typically
found in the B-1, B-2, B-3, LI, and HI Zoning Districts
|
The maximum total area of any combination of signs; the dimensions
of each individual type of sign governed by Appendix B. Signs shall
not exceed the greater of the following:
Sign District
|
---|
|
RSF
|
RMF (a)
|
RMH (a)
|
HIS
|
NBD
|
ROI (b)
|
COM
|
---|
Maximum number of total square feet
|
8 square feet
|
100 square feet
|
100 square feet
|
100 square feet
|
200 square feet
|
100 square feet
|
300 square feet
|
Percentage of ground floor area of principal building
|
N/A
|
N/A
|
N/A
|
N/A
|
1%
|
1%
|
1%
|
Square feet of signage per linear foot of street frontage
|
N/A
|
N/A
|
N/A
|
N/A
|
1.0 square foo
|
1.0 square foot
|
3.0 square feet
|
Notes:
|
(a)
|
The maximum sign area shown pertains to the allotment allowed
for identification of the multifamily development and not an individual
unit. Individual units are allowed signage as per the RSF sign district.
|
(b)
|
Applies to institutional uses permitted under this chapter in
residential zoning districts. Such uses may include but are not necessarily
limited to churches and schools.
|