A. Sign Code: The sign code, adopted by reference in section 11-1-1 of this chapter, is amended to modify the 2006 international building code: appendix H signs in certain respects and to add provisions relating to the specific needs of the city:
Section H101.1 Application For Permit: The following language is added to the existing section H101.1:
Application for a sign permit shall be accompanied by a fee of $15.00 paid to the city of Deming.
Section H102.1 Definitions:
On-Premises Sign: Any sign which advertises activities conducted on the property upon which the sign is located and within the area actually utilized for the purpose of the activity it advertises.
Off-Premises Sign: Any sign identifying or advertising a business, person, activity, good, product, or service not located on the premises where the sign is installed and maintained or which directs persons to any location not on the premises.
Section H105 Design And Construction:
Lighting. All lighted signs shall be designed, located, shielded and directed so as to prevent the casting of glare or direct light from artificial illumination upon adjacent or surrounding property or public roadways or into the sky.
Section H110 Roof Signs:
No off-premises signs shall be permitted above the roof or parapet of any building or structure.
Section H111 Wall Signs:
Wall Signs: No off-premises wall signs shall be allowed within the city of Deming.
Message Boards: Signs shall not include or be illuminated by flashing, intermittent or moving lights without prior approval of the Deming city council. An application for such approval shall be made to the planning and zoning commission and the public given notice and opportunity to be heard as to whether, and under what conditions, such a sign should be allowed.
Temporary Signs: A-frame signs, sandwich signs and curb signs will be allowed only within private property. No such sign shall exceed an area of nine (9) square feet on each side and all such signs shall be anchored securely so as to keep it in place. No such sign shall be placed upon a public sidewalk or right of way without prior approval of the city of Deming administrator or the community services director and the execution by the sign owner of an agreement under which the owner agrees to carry liability insurance with the city of Deming named as an additional insured and the owner agrees to indemnify and hold harmless the city of Deming for injury to persons or property related to such sign. All commercial signage located within the boundaries of municipal or school parks, recreation areas, and athletic fields (i.e. baseball, soccer, football, and BMX) shall fall within the province of the parks and recreation commission and the city council of Deming or the Deming public school board of education depending on ownership.
Sign Content: It shall be unlawful for any sign to contain the imitation or simulation of official U.S. interstate, state, county or city highway sign shields or command language within such shields or in combination with such shields such as "stop", "slow", "turn right", "turn left", "straight ahead" or any such words whether used alone or in combination so as to cause a motorist to be misled in any manner. It shall be unlawful for any sign to have any obscene or vulgar content.
Location And Size: On-Premises Signs: On-premises wall signs shall not exceed fifty percent (50%) of the total surface area of any wall. On-premises ground signs shall not exceed a size of two square feet for every one foot of street or highway frontage of the premises. No on-premises sign shall exceed a height of fifty (50) feet above the middle road grade, except that on-premises signs along Cedar Street and Railroad Avenue shall not exceed a height of one hundred (100) feet above the middle grade of those streets.
Off-Premises Signs: No off-premises signs shall be allowed in the city of Deming. In the event the Deming city council grants a variance to allow an off-premises sign, the following limitations on location, size and density shall apply.
(a) Off-premises signs shall not be located anywhere within the city of Deming except along U.S. Interstate Highway 10, U.S. Highway 180, Highway 70/80 and N.M. Highway 11 and only as provided herein.
(b) No off-premises signs shall be allowed in the areas bounded by Cedar Street on north, Florida Street to the south, Silver Street to the east and Copper Street to the west.
(c) Interstate 10: No sign shall be erected without first obtaining permits from both the state of New Mexico and the city of Deming.
(d) U.S. Highway 180 North: Signs along U.S. Highway 180 North (Gold Avenue from Railroad Avenue north to the Deming city limit) shall not exceed forty feet in height measured from the middle grade of U.S. Highway 180, shall not exceed 320 square feet and shall be spaced a minimum of 500 feet apart on the same side of the roadway from a legally permitted off-premises sign.
(e) N.M. Highway 11: Signs along N.M. Highway 11 (Cody Road from Poplar Street south to the Deming city limit), shall not exceed a height of 40 feet, measured from the middle grade of N.M. Highway 11, shall not exceed 320 square feet and shall be spaced a minimum of 1,500 feet apart on the same side of the roadway from a legally permitted off-premises sign and 750 feet apart on the opposite of the roadway from a legally permitted off-premises sign.
(f) U.S. Highway 70/80: Signs along U.S. Highway 70/80 (Pine Street) shall not exceed a height of 40 feet, measured from the middle grade of U.S. Highway 70/80, shall not exceed 320 square feet apart on the same side of the roadway and 750 feet apart on the opposite of the roadway from a legally permitted off-premises sign.
(g) Interstate 10: Signs along Interstate 10 shall not exceed a height of 40 feet, measured from the middle grade of Interstate 10, shall not exceed 672 square feet and shall be spaced a minimum of 2,000 feet apart on the same side of the roadway and 1,000 feet apart on the opposite of the roadway from a legally permitted off-premises sign.
Ground Signs: On-premises ground signs shall not exceed an area equal to two square feet per one foot of premises street or highway frontage and shall not in any event exceed an area of one hundred (100) square feet. All spherical, double-faced or multi-faced signs shall be treated as one sign and the total area of the sign shall not exceed one hundred (100) square feet.
Applicability: The provisions of this code do not apply to any nonconforming use existing on the effective date of this ordinance, providing that any substantial reconstruction or replacement of other sign shall be deemed a new use and shall be subject to the applicable provisions of the sign code. If a nonconforming sign has been abandoned or more than 50% torn down, destroyed, deteriorated or decayed, no permit shall be granted that would allow such sign to be rebuilt or repaired except in conformity with the provisions of this sign code, excepting for density.
B. Political Signs: Political signs shall be limited to four (4) square feet by eight (8) square feet in size. Signs posted on vacant land must have written authorization by the property owner. No signs may be posted upon any building structure, or grounds that are owned, operated or maintained by any public agency or utility. Signs shall not obstruct or encroach on any public way. Signs must be placed not to obstruct the vision of a driver to see approaching vehicles to the left and right and all traffic signs. Signs may not be posted more than sixty (60) days prior to any primary or general election. Candidates or affiliates are responsible for removing the signs within ten (10) days after the election. In primary, nominating primary, or runoff elections, the winning candidate may keep the political signs until ten (10) days after the general election. City code enforcement officers are authorized to remove any political campaign sign posted in violation of this subsection. (Ord. 1192, 11-5-2009)