(A) Signs and street graphics requiring a permit.
Except as otherwise indicated in this chapter, it shall be unlawful for any person to install, substantially modify, or relocate any sign or other advertising structure within the city limits without first obtaining a sign permit from the city. When a sign permit has been issued, it shall be unlawful to substantially modify the sign without the prior approval of the Land Use Administrator or to deviate from the terms and conditions of the permit and this chapter. A written record of the approval shall be entered upon the original permit application and maintained in the Land Use Administrator's files. The changing of the advertising copy or message on signs that are specifically designed for the use of replaceable copy shall not require a sign permit unless the sign is nonconforming. Signs requiring a city permit that are installed without a legally authorized sign permit are deemed illegal and are subject to the city's enforcement standards.
(1) Applications process for a sign permit.
(a) The sign applicant is required to:
1. Pay a permit fee;
2. Fill out and sign the city's "General Land Use Application;" and
3. Complete the city's "Sign Permit Application" with the following items for approval:
A. Applicant's name, address and phone number;
B. Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or installed;
C. A surface map of the area showing the exact location of the sign and the relationship of that sign to other signs on the property or nearby buildings and/or structures;
D. Two blueprints or scaled drawings of the plans, design including text, graphics, colors, textures, specifications, materials, illumination, designation of sign as permanent or temporary, method of construction, and method of attachment to the building, structure, or to the ground;
E. Name of person installing sign structure;
F. If different from applicant, written consent of the property owner of record to which or on which the structure is to be installed;
G. Written proof of ownership of property on which the sign will be placed if different from the sign owner;
H. Any state required permits or approvals; and
I. All other information required by the city to show full compliance with the provisions of this chapter and all other city laws and ordinances.
(b) The application will then be submitted to the Land Use Administrator, who shall review it and shall approve or deny the request. If the application is not approved, a written notification of denial will be sent to the applicant within one week of the review.
(B) Comprehensive signage plans. New and existing businesses may submit comprehensive signage plans and revised plans which are reviewed by the Land Use Administrator. A comprehensive signage plan (CSP) is a coordinated program of all signs, including exempt and temporary signs for a business, or businesses, located on a development site. The CSP shall include, but not be limited to site plans and drawings for the sign locations; drawings of the signs including: dimensions, height, shapes, colors, letter styles, sign types, architectural character, text, graphics, sign structures or mounting devices; materials; type and measurement of illumination if any; permanent or temporary time period designations; time period or phases of installation; maintenance plan; and sign function of all signs to be installed on a site.
(1) Land Use Administrator review of a comprehensive signage plan is required whenever any of the following circumstances exist:
(a) An applicant submits a comprehensive signage plan for review;
(b) Two or more separate commercial tenant spaces are to be created on the same parcel;
(c) Commercial signage on a lot less than 2,200 square feet with a permanent or temporary single business and total combined signage requiring a city permit that exceeds 10% of the square footage of the entire lot;
(d) A property owner or sign owner wishes to install a CEVMS;
(e) Any sign or logo incorporated into a structure's architectural feature;
(f) A single sign displayed by owners of two or more contiguous residential lots;
(g) The Land Use Administrator or other designated city official determines that a comprehensive signage plan is needed because of special project characteristics (e.g., the size of proposed signs, limited site visibility, a business within a business, the location of the site relative to major transportation routes); or
(h) As otherwise provided in this chapter.
(2) While waiting for comprehensive signage plan review, applicants are allowed, with a valid city permit, to install temporary or permanent signs, street graphics, and displays up to the total combined allowable square footage for the premise.
(3) The Land Use Administrator may approve a comprehensive sign plan if the graphics visually represented in the plan are:
(a) Consistent with the purposes of this chapter;
(b) Compatible with the theme, visual quality, and overall character of the premise and surrounding area;
(c) Appropriately related in size, shape, materials, lettering, color, illumination, and character to the function and architectural character of the building or premise on which they will be displayed, and are compatible with existing adjacent activities; and
(d) Consistent with the city's code of ordinances.
(4) Businesses shall submit major revisions to approved comprehensive signage plans including the number of signs, size, shapes, color, and height of signs, sign structures and mounting devices, architectural character, illumination, and location of signs on the property to the Land Use Administrator for review. The Land Use Administrator will review minor revisions and may consult with the designated city staff as needed.
(C) Conformity requirement. All signs and street graphics in the city limits placed after the effective date of this chapter shall conform to the standards provided in this chapter. All signs that do not comply with the provisions of this chapter are declared to be in violation of the permit, and as such may be abated as provided by law.
(D) Nonconforming signs and sign structures.
(1) A nonconforming sign is any sign that was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, structure, or construction is not in conformance with the requirements of this chapter, or any amendment thereto.
(2) Nonconforming signs may continue to be maintained, repaired and displayed except in the following circumstances, in which case they shall be removed at the owner's expense:
(a) The nonconforming sign has been abandoned or discontinued for a period of 60 days;
(b) The nonconforming sign has been moved, changed, or altered in a manner that increases the nonconformity with this chapter;
(c) The nonconforming sign was intended to be temporary; or
(d) The nonconforming sign is unsafe or a hazard to the public.
(3) Any sign approved by a variance and any sign approved as part of a comprehensive signage plan, or any other sign protected from such provisions by New Mexico law are exempt from the provisions in this section.
(4) When ownership of property changes, nonconforming signs shall obtain a city permit and be brought into compliance or apply for an extension to continue the nonconformance.
(5) If questions are raised as to whether a nonconforming sign exists, it shall be a question of fact decided by the Land Use Administrator, and subject to appeal to the City Council.
(a) When seeking protection for a lawful nonconforming sign, the property owner(s), sign owner(s), sign user, or other person will bear the burden of proof and must provide legally recognized documentation stating:
1. A photograph of the sign;
2. The signs' installation date;
3. Proof that the sign fully conformed to the sign ordinance in effect at the time of installation;
4. That the person installing the sign obtained all necessary permits for the installation of the sign; and
5. That any changes to the sign have been made in accordance with the requirements of the sign ordinance and is in compliance with all applicable permit requirements.
(E) Variance application. The City Council may grant variances from the regulations contained in this chapter to permit a setback for a sign or street graphic that is less than the required setback, and to permit the area or height of a street graphic to be increased more than the maximum height or area allowed.
(1) Approval standards. The City Council may grant a variance authorized by this section if it finds the variance requested is required by special or unique hardship because of:
(a) Exceptional narrowness, shallowness, or shape of the premises on which a street graphic is located; or
(b) Exceptional topographic conditions or physical features uniquely affecting the premises on which a street graphic is located.
(2) Additional requirements. The City Council shall grant a variance only if it also finds that the variance is consistent with the comprehensive plan and there are no other reasonable alternatives for displaying a sign or street graphic permitted by this chapter if the variance is not granted.
(3) The City Council shall not grant a variance solely because the display of a sign or street graphic would be more profitable if the variance were granted.
(F) Appeal process.
(1) Citizens have the right to appeal decisions made by the Land Use Administrator to the City Council.
(2) Applicants and permit holders shall file a notice of appeal within 15 calendar days following receipt of a written decision by the Land Use Administrator. Appeals shall be submitted on the city’s official appeals form with the required fee.
(3) Appeals are subject to public hearing and require 15 days public notice.
(G) Inspection of signs. The city Land Use Administrator or designee shall have the right to inspect each sign regulated by this chapter to ascertain whether the same is secure or insecure or is in need of repair or removal.
(H) Procedure for removal of unsafe or unlawful signs. The city shall give written notice to property owner if the city finds that any sign or other advertising structure or device regulated herein is unsafe or insecure; has been constructed, installed, or is being maintained in violation of the provisions of this section. The property owner has 30 days from the date of the city's written notice to comply with the standards of these sections or remove the nuisance sign or sign structure at owner's expense. Signs not removed or repaired by the property owner are subject to removal by the city at the owner's expense. The city shall refuse to issue a permit and may impose additional penalties to any owner who refuses to pay costs so assessed. The city may cause any sign or other advertising structure that is an immediate peril to persons or property to be removed summarily and without notice. The Land Use Administrator is authorized to remove any illegal sign placed in the public right-of-way or attached to public property without notification.
(I) Installation of signs.
(1) Signs shall be constructed and installed in accordance with the current City Code and State Construction Industries Division (CID) requirements.
(2) Companies that mount, install, alter, relocate, dismantle or repair wall, pole, monument, and off-premise signs within city limits shall possess a current state license and current city business license and shall comply with state CID requirements.
(3) Signs with electricity shall comply with state CID requirements.
(4) The city Land Use Administrator will make final inspection of the sign once it is in place. If the sign is not in compliance, the city may proceed with enforcement.
(5) An applicant is allowed up to one year from the date of approval of his or her sign application to install the signage approved by the permit. If the signage is not timely installed the applicant shall resubmit a new application and the process starts over again.
(J) Liability for damages. The provisions of this chapter shall not be construed to relieve or to limit in any way, the responsibility or liability of any person, firm, or corporation which installs or owns any sign, from personal injury or property damage caused by the sign; nor shall the provisions of this chapter be construed to impose upon the city, its officers, or its employees, any responsibility or liability by reason of the approval of any sign under the provisions of this chapter.
(K) Issues not addressed. All issues not addressed in this chapter may be referred to the Land Use Administrator.
(Ord. 132, passed 2-13-2012; Am. Ord. 181, passed 3-20-2019; Am. Ord. 197, passed 8-18-2021; Am. Ord. 208, passed 5-24-2023)