(A) Signs and street graphics requiring a permit.
(1) The following signs, displays, and street graphics require a city permit. Additional signs requiring a permit may be included in the sign review guidelines.
(a) On-premise signs:
1. Illuminated (externally and internally illuminated);
2. Changeable electronic variable message signs;
3. Permanent freestanding signs (monument or blade, pylon, pole, ground or low profile);
4. Permanent wall or fascia signs;
5. Roof signs (flat roof mount, sloping roof mount);
6. Canopy signs on freestanding canopies (example: gas station);
7. Projecting signs;
8. Hanging signs;
9. Fascia signs on roof-like projections (marquee, mansard mount, pent eave mount);
10. Awnings with graphics;
11. Home occupation signs;
12. Temporary signs that become permanent;
13. Temporary new business signs;
14. Temporary special event signs (grand opening, going out of business, street banners);
15. Temporary portable sidewalk signs with illumination;
16. Existing nonconforming signs (extension to maintain non-conformance);
17. Nonconforming signs with changes to the sign face;
18. Nonconforming signs that change ownership.
(b) Billboards and off-premise signs.
(2) Applications for signs and street graphics that require a city permit but do not require a comprehensive signage plan shall be submitted to the City's Code Enforcement Officer for review. Upon review, the Code Enforcement Officer shall approve, deny, or submit the sign permit application to the Planning and Zoning Commission for design review.
(B) Comprehensive signage plans. New and existing businesses may submit comprehensive signage plans and revised plans which are reviewed by the Planning and Zoning Commission and require a public hearing. 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) Additional information on comprehensive signage plans is included in the sign review guidelines.
(2) For purposes of this section, commercial signage includes signs for businesses, industrial operations, churches, non-profit organizations, agricultural activities, government and public entities in any zone, and does not include home occupations.
(3) While waiting for comprehensive signage plan review, businesses 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.
(4) Sign users with the following signs and street graphics shall submit a comprehensive signage plan:
(a) Commercial signage on a lot that is 2,200 square feet or larger with a permanent or temporary single business and total combined signage requiring a city permit exceeding 220 square feet;
(b) 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 exceeding 10% of the square footage of the entire lot;
(c) Commercial lot with two or more businesses;
(d) Signs and street graphics that exceed the permitted dimensions or exceed the permitted height;
(e) Changeable electronic variable message signs (CEVMS);
(f) Externally or internally illuminated signs;
(g) Restaurants with an outdoor menu sign or signs;
(h) Any sign or logo incorporated into a structure's architectural feature;
(i) Neighborhood identification signs for neighborhood, subdivision, or tract identification;
(j) The Code Enforcement Officer or other designated city official determines that a comprehensive signage plan is needed because of special project characteristics; and
(k) An applicant submits a comprehensive signage plan for review.
(5) The Planning and Zoning Commission may approve a comprehensive sign plan if the graphics visually represented in the plan are:
(a) Consistent with the purposes of this chapter and the city's adopted sign review guidelines; and
(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.
(6) 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 Planning and Zoning Commission for review. The Code Enforcement Officer will review minor revisions and may consult with the Planning and Zoning Commission.
(C) Conformity requirement.
(1) All signs and street graphics in the city limits for which a permit is issued after the effective date of this chapter shall be placed or maintained as provided in this code. 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.
(2) Any noncommercial sign may be substituted for any sign allowed by this chapter. The substitution or addition of any noncommercial sign shall not increase or decrease the sign budget for the property on which the noncommercial sign is located.
(3) No sign shall be placed in the right-of-way or on public property except those installed by a governmental entity for a governmental purpose such as but not limited to traffic management and street or signs specifically permitted by the government entity.
(D) Nonconforming signs and sign structures.
(1) Additional information on nonconforming signs is included in the sign review guidelines.
(2) 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 the sign review guidelines, this chapter, or any amendment thereto.
(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) A nonconforming sign or sign structure shall not be relocated or replaced, except when mandated by the city or state government for a public works project, or the relocation or replacement shall bring the sign into compliance with this chapter. Nonconforming signs or sign structures that are relocated in violation of this chapter shall be removed at the owner's expense.
(5) 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.
(6) If questions are raised as to whether a nonconforming sign exists, it shall be a question of fact decided by the Code Enforcement Officer, and subject to appeal to the Planning and Zoning Board and/or the City Council.
(E) Variance application. The Planning and Zoning Commission may grant variances from the regulations contained in this chapter and the sign review guidelines 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 Planning and Zoning Commission 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 Planning and Zoning Commission 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 Planning and Zoning Commission 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 Code Enforcement Officer to the Planning and Zoning Commission and the right to appeal decisions made by the Planning and Zoning Commission 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 Code Enforcement Officer or by the Planning and Zoning Commission. 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 prior to the next regularly scheduled meeting.
(G) Application, permit procedures, and permit fee.
(1) Sign permit required. Except as otherwise indicated in this code or in the sign review guidelines, 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 Code Enforcement Officer or Planning or Zoning Commission 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 Code Enforcement Officer'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.
(2) The procedures for permit application, permit review, and appeal are included in the sign review guidelines.
(3) Seal of compliance. Any sign for which a permit is required shall bear a seal of compliance upon approval of the application. A seal of compliance shall be affixed to the sign or sign structure by the Code Enforcement Officer after an inspection has shown that the sign conforms to the provisions of this chapter.
(H) Inspection of signs. The City Code Enforcement Officer 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.
(I) 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. 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 city's Code Enforcement Officer is authorized to remove any illegal sign placed in the public right-of-way or attached to public property without notification.
(J) 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 Code Enforcement Officer will make final inspection of the sign once it is in place. If the sign is in compliance, the Code Enforcement Officer will approve the final inspection by signature on the permit and place a permit sticker on the sign or sign structure. If the sign is not in compliance, the city may proceed with enforcement.
(5) An applicant is allowed 90 days or the number of days indicated and approved on the permit in exceptional cases from the date of approval of his or her sign application to install the signage approved by the permit. If the signage is not installed within the allowed 90 days or other approved time frame, the applicant shall resubmit a new application and the process starts over again.
(K) 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.
(L) Issues not addressed. All issues not addressed in this chapter may be referred to the Planning and Zoning Commission.
(Ord. 132, passed 2-13-2012; Am. Ord. 181, passed 3-20-2019; Am. Ord. 197, passed 8-18-2021)