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.
A.
A sign may be placed, established, painted, created or maintained
in the City of Española only in conformance with the standards,
procedures, exemptions and other requirements of this chapter.
B.
The effect of this article, as more specifically set forth, is to:
(1)
Establish a permit system to allow a variety of types of signs
in commercial and industrial zones, and a limited variety of signs
in other zones, subject to the standards and the permit procedure
of this chapter.
(2)
Allow certain signs that are small, unobtrusive and incidental
to the principal use of the respective lots on which they are located,
subject to the substantive requirements of this chapter, but without
a requirement for permits.
(3)
Provide for temporary signs without commercial messages in limited
circumstances in the public right-of-way.
(4)
Prohibit all signs not expressly permitted by this article.
(5)
Provide for the enforcement of the provisions 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.[1] Where terms are not defined, they shall have their ordinarily
accepted meanings within the context in which they are used.
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.
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.
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene.
Any sign that is painted, stamped, perforated, stitched,
or otherwise applied on a valance of an awning.
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.
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.
Any exterior wall of a building, including windows, doors,
and mansard, but not including a pitched roof.
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.
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.
Any sign attached to any part of a building.
Any sign that contains all the text or logo symbols within
a single enclosed area.
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.
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.
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.
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).
Any sign limited to directional messages such as "enter"
or "exit." Logos and business names are permitted as needed to complete
the directional message.
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.
Any lighter-than-air or gas-filled inflatable object attached
by a tether to a fixed place.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity.
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.
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.
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.
Any sign that is suspended from and located entirely under
a covered porch, covered walkway, or an awning.
Any sign of an identification or of informational nature
bearing no advertising.
Any sign that is illuminated by electric lights or luminous
tubes located within the interior of the 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.
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.
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.
Any sign in any manner made a part of or attached to a marquee.
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%.
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.
Any sign existing at the effective date of this chapter that
does not conform to the requirements of the chapter.
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).
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.
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.
The vertical extension of a building exterior wall projecting
above the plate line of the building.
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.
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.
Any sign permanently affixed to the ground or a wall.
Any individual, association, company, corporation, firm,
organization, or partnership, singular or plural, of any kind.
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").
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.
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.
Any temporary sign placed upon property for the purpose of
advertising to the public the sale or lease of the property.
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.
The public property adjacent to a roadway, excluding medians,
which is under the jurisdiction of the City of Española.
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.
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.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
to the property line.
A group of two or more retail or other commercial establishments,
having any or all of the following characteristics:
The establishments are connected by a party wall, partitions,
canopies, or similar features.
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.
The establishments are under the same management or association
for the purpose of enforcing reciprocal agreements controlling management
or parking.
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.
The classification for the purpose of calculating the signage
allowed for a particular lot.
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.
Any change or update of a sign face or color of the sign.
Temporary sign announcing a new business that may remain
in place for up to a maximum 30 days.
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.
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.
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.
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.
Any sign that is suspended from the underside of a plane
surface and is supported by the surface.
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.
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.
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.
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.
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.
A.
All business owners having existing legal nonconforming signs within
the current corporate boundaries of the City of Española established
before the effective date of these new regulations may continue to
display existing signs without sign modifications notwithstanding
the effect of any more restrictive regulations.
B.
The following categories of nonconforming signs shall be subject
to the regulations of this article:
(1)
Any sign established or maintained without first complying with
all provisions of this Code in effect at the time the sign is established.
(2)
Any sign lawfully established once the use of the sign has been
discontinued, or its owner has abandoned the structure or use, with
which the sign has been associated for a period of at least 90 days.
(3)
Any sign which has been destroyed or damaged, other than by
destruction or damage to its sign faces, to an extent greater than
50% of its in-place replacement cost, when repair or replacement does
not occur within 30 days of the damage.
(4)
Any sign the owner of which is requesting to obtain either permission
for a sign remodel or permission to expand or enlarge the building
or land use with which the sign is associated, and the sign is affected
by the expansion or enlargement or change of use.
(5)
Any sign the owner of which seeks permission to relocate the
sign.
(6)
Any temporary sign.
(7)
Any sign which is unsafe or which is a hazard to the public.
A.
Any of the following shall be a violation of this chapter and shall
be subject to the enforcement remedies and penalties provided by this
Code and by state law:
(1)
To install, create, erect, or maintain any sign in a way that
is inconsistent with any plan or permit governing the sign or the
lot on which the sign is located.
(2)
To install, create, erect, or maintain any sign requiring a
permit without a permit.
(3)
Failure to remove any sign that is installed, created, erected
or maintained in violation of this chapter, or for which the sign
permit has lapsed.
(4)
To continue any violation. Each day of a continued violation
of this chapter shall be considered a separate violation when applying
the penalty portions of this chapter.
B.
Penalties are hereby defined as $500 per violation per day and/or
90 days in jail.
A.
Any violation or attempted violation of this chapter or of any condition
or requirement adopted pursuant hereto may be restrained, corrected
or abated, as the case may be, by injunction or other appropriate
proceedings pursuant to state law or municipal ordinance. A violation
of this article shall be considered a violation of this Code. The
remedies shall include the following:
(1)
Issuing a stop-work order.
(2)
Seeking an injunction or other order of restraint or abatement
that requires the removal of the sign or the correction of the nonconformity.
(3)
Imposing any penalties that can be imposed directly by the City.
(4)
Seeking, in any court of competent jurisdiction, the imposition
of any penalties that can be imposed by the court.
(5)
In the case of a sign that poses an immediate danger to the
public health or safety, taking measures as are available to the City
under the applicable provisions of this Code and the Building Code
for such circumstances.
(6)
Signs posted in the public right-of-way contrary to this chapter
shall be removed by the Enforcement Officer.
B.
The City shall have other remedies as are and as may from time to
time be provided for or allowed by state law or municipal ordinances
for the violation of this chapter.
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.
A.
The following principles shall control the computation of sign area
and sign height:
(1)
Computation of area of individual signs. The area of a sign
face (which is also the sign area of a wall sign or other sign with
only one face) shall be computed by means of the smallest square,
circle, rectangle, triangle or combination thereof that will encompass
the extreme limits of the writing, representation, emblem or other
display, together with any material or color forming an integral part
of the background of the display or used to differentiate the sign
from the backdrop or structure against which it is placed, but not
including any supporting framework, bracing or decorative fence or
wall when the fence or wall otherwise meets this chapter's regulations
and is clearly incidental to the display itself.
(2)
Computation of area of multifaced signs. The sign area for a
sign with more than one face shall be computed by adding together
the area of all sign faces visible from any one point. When two identical
sign faces are placed back to back, so that both faces cannot be viewed
from any point at the same time, and when the sign faces are part
of the same sign structure, the sign area shall be computed by the
measurement of one of the faces.
(3)
Computation of 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.
(b)
In cases in which the normal grade cannot reasonably be 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.
(4)
Computation of maximum total permitted sign area for a zone.
The permitted sum area of all signs on a lot shall be:
B.
Lots fronting on two or more streets are allowed only one freestanding
sign.
C.
The total sign area that is oriented towards a particular street
may not exceed the portion of the lot's total sign area allocation
that is derived from the lot, building, wall area, or frontage on
that street.
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.
A.
No signs shall be allowed in the public right-of-way, except for
the following:
(1)
Permanent signs. Permanent signs, including public signs erected
by or on behalf of a governmental body to post legal notices, government-approved
community signs ("adopt-a-median"), signs to identify public property,
convey public information and direct or regulate pedestrian and vehicular
traffic; bus stop signs erected by a public transit company; and informational
signs of a public utility regarding its poles, lines, pipes or facilities.
(2)
Temporary signs. Temporary signs posted for either garage sales
or special community events, not to exceed four square feet and not
in obstruction of clear sight or traffic flow. These signs are not
allowed for more than seven days prior to the garage sale or special
community event; they must be removed within 48 hours of the conclusion
of the advertised event. No commercial signage or advertising is allowed
in the public right-of-way.
(3)
Warning signs. Emergency warning signs erected by a governmental
agency, a public utility company or a contractor doing authorized
or permitted work within the public right-of-way.
(4)
Promotional signs. Promotional signs advertising a special community
event, such as a fair, farmer's market or parade, may be permitted
to be located over the public right-of-way. The size, location and
method of erection of such signs shall be subject to approval by the
Zoning Official pursuant to good engineering practices and shall be
consistent with the paramount purpose of public rights-of-way to provide
safe and convenient traffic circulation.
B.
Other signs not expressly allowed by this section will be forfeited.
A.
Temporary political signs.
(1)
Shall be permitted in all zones;
(2)
Shall be erected not more than 30 days before an upcoming election;
(3)
This similarly applies to political signs on personal property,
be it the candidate's property or one of his/her supporters.
No political signs may be displayed on private property more than
30 days before an upcoming election;
(4)
Political signs on or as a part of moving vehicles are also
bound by this thirty-day time line; hence, no political signage may
appear on or as a part of a moving vehicle more than 30 days before
an upcoming election;
(5)
Shall be removed within five days following the election;
(6)
Shall not be erected or located in a public right-of-way except
as established and authorized by the public entity having jurisdiction
over said right-of-way; and
(7)
Shall not require that a sign permit be issued.
C.
A-frame signs.
(1)
Shall not exceed one per site and shall not exceed 12 square
feet in total sign face area.
E.
Portable signs.
(1)
Shall not exceed 32 square feet in total area. Such square footage
shall be applied and calculated as part of the total square footage
permitted for all businesses or property. If found to exceed the maximum
allowable area, such signs will not be permitted;
(2)
Shall be displayed no more than 45 days cumulative during any
single calendar year;
(3)
There shall be no more than one portable sign per parcel of
property or business, whichever is the lesser, permitted at any one
time;
(4)
Electrification of all portable signs shall be in compliance
with the National Electric Ordinance as adopted by the state; and
(5)
A portable sign shall not be established or placed prior to
obtaining a sign permit.
F.
Real estate signs.
(1)
Must be allowed in all districts, provided that such signs shall be located on the property to which they apply, except as provided under Subsection D, Special sale signs, of this section;
(2)
Shall conform with the following maximum size requirements:
four square feet in area for the first 10,000 square feet in lot area,
plus four square feet for each additional 10,000 square feet of lot
area, not to exceed a total of 32 square feet;
(3)
Shall be removed within 48 hours of the closing of the sale;
and
(4)
Signs placed at the entrance to a subdivision which are advertising
the sale of lots located within said subdivision shall be permitted,
provided that there is no more than one sign per entrance, the sign
shall not be greater than 32 square feet in area and no greater than
eight feet in height and shall not remain erected for longer than
one year. Such signs may be installed for the purpose of directing
visitors to the property.
G.
Special sale signs.
(1)
Sale and grand opening signs shall be allowed in all zones,
provided that such signs are displayed no more than one block of 15
consecutive days for every three months. Such signs shall be removed
within 48 hours of termination of the sale or event which they advertise;
(2)
All such signs must be attached or affixed to the facade, wall
or window of the building in which the sale or event is taking place;
(3)
No business shall have more than two such signs for each facade
or wall of the building to which they are attached; and
(4)
The total size shall not exceed 50% of the size of the permitted
facade sign or four square feet in area, whichever is greater.
H.
Promotional signs. Promotional signs advertising a special community
event such as a fair, farmers' market or parade may be permitted
to be located over a public right-of-way. The size, location and method
of erection of such signs shall be subject to approval by the Zoning
Official pursuant to good engineering practices and shall be consistent
with the paramount purpose of public rights-of-way to provide safe
and convenient traffic circulation. Alternatively, such sign may be
permitted to be attached to the wall of a building subject to approval
by the Zoning Official.
I.
Searchlights.
(1)
The operation of searchlights or similar lighting for advertising,
display or any other commercial purpose is considered a temporary
sign pursuant to the provisions of this section;
(2)
Such lights shall be displayed no more than five consecutive
days and in no event shall such lights be used for advertising greater
than 30 cumulative days during any single calendar year;
(3)
Such lights shall not be permitted on the public right-of-way
without the required permission and may be immediately removed from
such right-of-way by the Zoning Official absent such permission; and
(4)
The Planning and Zoning Commission may permit the placement of a searchlight or similar lighting source on a public right-of-way if no reasonable alternative exists and if such placement will not obstruct traffic or create a safety hazard. Any such permit must comply with Subsection F(1) and (2) of this section.
J.
Streamers.
(1)
May be used to outline property lines and areas on a lot which
display merchandise outdoors;
(2)
Shall be removed or replaced promptly when torn or faded;
(3)
Displaying streamers for more than 90 cumulative days in a calendar
year shall be prohibited; and
(4)
Shall not be attached to public utility facilities, including
but not limited to power poles, light poles and fences.
K.
Temporary signs. One temporary sign is allowed per lot for a maximum
of 30 days per quarter year.
A.
General. Signs for all development complexes shall comply with a
master sign plan for the development, approved by the Zoning Official
pursuant to this article. Said plan shall include all proposed sign
locations, materials, structures and installation details to the extent
known at the time of master sign plan submittal. Additional submittals
or amendments to the master sign plan may be necessary as a new development
complex becomes occupied or as businesses within a complex change.
Signs within a development complex shall be subject to the following
requirements.
B.
Freestanding signs. Each development complex shall be permitted one
freestanding development complex sign per public street frontage.
The maximum permitted sign area for each development complex sign
shall be as provided within the applicable zoning district, plus a
bonus of 12 additional square feet per business, enterprise, institution
or franchise within the development complex, not to exceed 150 square
feet total.
A.
Whenever the use of land or a structure changes, any signs that do
not relate to the new use or to any product or service associated
with the new use shall be removed or appropriately altered consistent
with the provisions of this article. Furthermore, it shall be the
responsibility of the property owner of the land to make improvements
and/or remove any sign or signs on premises where the associated use
has been discontinued for a period of more than 90 days.
B.
Nonconforming signs. A sign which was conforming or grandfathered prior to the enactment of Chapter 350, Article IX, but which is subsequently nonconforming shall be deemed to be a grandfathered nonconforming sign which shall not be required to be removed. Whenever a business, person, enterprise or institution shall endeavor to change, alter, enlarge or replace the grandfathered nonconforming sign, the provisions of Chapter 350, Article IX, shall apply as follows:
(4)
Billboards that were conforming prior to the enactment of Chapter 350, Article IX, but are nonconforming as a result of Chapter 350, Article IX, shall be removed, altered or replaced so as to fully conform to all of the requirements of Chapter 350, Article IX, within nine years after the date of enactment of Chapter 350, Article IX.
A.
If a sign requiring a permit under the provisions of this article
is to be placed, constructed, erected, or modified on a lot, the owner
of the lot shall secure a sign permit prior to the construction, placement,
erection or modification of a sign in accordance with the requirements
of this chapter.
B.
No sign permit of any kind shall be issued for an existing or proposed
sign unless the sign is consistent with the requirements of this chapter
(including those protecting existing signs).
C.
With the exception of those signs specifically exempt, no sign may
be erected without a permit from the Planning Director. Application
for permits shall be submitted on forms obtainable at the Planning
and Land Use Department. Each application shall be accompanied by
plans which shall:
(1)
Indicate the proposed site by identifying the property by ownership,
location and use.
(2)
Show the location of the sign on the lot in relation to property
lines and building, zoning district boundaries, right-of-way lines,
and existing signs.
(3)
Show size, character, complete structural specifications and
methods of anchoring and support.
(4)
Indicate that such sign has been approved by the Building Inspector,
if such approval is required by this chapter.
D.
Permit fees. The permit fee for all signs installed within the City limits as allowed by the terms of this chapter shall be as specified in Chapter 171.
[Amended 7-11-2019 by Ord. No. 2019-03]
E.
If conditions warrant, the Planning Director may require such additional
information as will enable him to determine if such sign is to be
erected in conformance with this chapter. Additionally, the Zoning
Official may require that a building permit be obtained prior to placing
any sign allowed by this chapter.
A.
Failure of a property owner to abate an illegal or nonconforming
sign shall constitute a violation of this article.
B.
The Zoning Official shall cause all nonconforming signs and/or illegal
signs to be removed, keeping a record of costs associated with the
removal. The cost of such removal shall be presented to the property
owner for payment. Failure to provide payment from the property owner
shall cause a lien to be placed on the subject property pursuant to
New Mexico state law.
A.
An application for special exception may be made by submittal of
an application to the Planning Director, to be processed and submitted
for review by the Planning Commission. A special exception may be
requested to deviate from certain requirements herein specified for
signage, including but not limited to area, dimensions, height, location
and any other sign characteristics.
B.
A special exception may be granted by the Planning Commission if
the Commission deems a special circumstance exists which warrants
the special exception. The following criteria shall be used in the
review and approval of requests:
(1)
A literal application of the Code would not allow the property
to be used at its highest and best use as zoned.
(2)
The granting of the requested exception would not be materially
detrimental to the property owners in the vicinity.
(3)
Conditions exist which are unique to the property or type and
size of development that would cause hardship under a literal interpretation
of the Sign Code.
(4)
The granting of the special exception is in the best interests
of the public at large and would not be contrary to the general objectives
of the Sign Code and adopted land use plans.
C.
The Planning Commission may attach any additional conditions necessary
to maintain the intent and purpose of this chapter, in the interest
of the public.
D.
Notice shall be given to all property owners within 100 feet of the
proposed sign location via certified letter no less than 15 days prior
to the scheduled hearing date.
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
|
Appendix B, included at the end of this chapter, contains the
type of signs permitted in certain sign districts. Subdivision signage
shall be exempt from Appendixes B and C.
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.
|
