(A) Words and phrases used in §§ 156.130 et seq. shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in this chapter shall be given the meanings set forth in this chapter. Principles for computing sign area height and sign are contained in § 156.133. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of §§ 156.130 et seq.
(B) For the purpose of §§ 156.130 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A-FRAME SIGN. A sign that is not permanently attached to the ground or to another permanent structure, usually temporary.
ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
A.S.T.M. The American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. (1994 U.S.C.)
BANNER. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at 1 or more edges.
BEACON. Any light with 1 or more beams directed into the atmosphere or directed at 1 or more points not on the same zone as the light source; also, any light with 1 or more beams that rotate or move.
BUILDING CODE. The Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. (1994 U.S.C.)
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 made of bronze or other permanent material.
BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or the building officials duly authorized representative. (1994 U.S.C.)
BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a freestanding sign.
CANOPY SIGN. Any sign that is part of or attached to any 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.
CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than 8 times per day shall be considered an animated sign and a changeable sign for the purposes of §§ 156.130 et seq. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a time and temperature portion of a sign and not a CHANGEABLE COPY SIGN for the purposes of §§ 156.130 et seq. The limit of 8 times per day allows the posting of hourly stock market quotations or other changes that are generally made at intervals. This limitation places signs that change more frequently in the animated sign category, and animated signs are likely to be allowed in fewer locations than changeable copy signs.
CITY MANAGER. The manager of the city. The City Manager may designate an employee of the city, usually the Code Enforcement Officer or Zoning Enforcement Officer, to enforce §§ 156.130 et seq.
COMBINATION SIGN. A sign incorporating any combination of the features of pole, projecting and roof signs.(1994 U.S.C.)
COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service to other commercial activity. Commercial advertising is not allowed in Residential Zones outside of the home.
CURB LINE. The line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. (See “legal setback line.”)
DIRECTIONAL SIGN.
(a) A free standing sign, off-premise, containing only directional information about public places or private businesses.
DIRECTIONAL SIGNS are permitted only on private property and are limited to:
1. A single or multi-faced sign no greater than 12 square feet per sign face at a spacing of no less than 300 feet per business advertised;
2. Maximum height shall be no greater than 10 feet; and
3. Cumulative sign area shall not exceed 32 square feet per location, and minimum setback shall be 0 feet.
(b) 1. Directional signs abutting state right-of-way must meet the State of New Mexico Highway and Transportation Department’s regulations prior to applying for a Raton sign permit.
2. See State of New Mexico Highway and Transportation Department for their Logo and Trail Blazer Program.
DISPLAY SURFACE. The area made available by the sign structure for the purpose of displaying the advertised message. (1994 U.S.C.)
ELECTRIC SIGN. Any sign containing electrical wiring, but not including signs illuminated by an exterior light source. (1994 U.S.C.) See “illumination.”
FIN SIGN. A sign which is supported wholly by a 1 story building of an open air business or by poles placed in the ground or partly by a pole or poles and partly by a building or structure. (1994 U.S.C.)
FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. FLAGS of the United States, the New Mexico state FLAG, the city FLAG, foreign nations having diplomatic relations with the United States, and any other FLAG adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such a FLAG shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. These FLAGS must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any FLAG not meeting any 1 or more of these conditions shall be considered a banner sign and shall be subject to regulation.
FREESTANDING SIGN.
(a) 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.
(b) Minimum setback shall be 0 feet.
(c) One multi-faced sign no greater than 12 square feet at a spacing of no less than 300 feet.
(d) Maximum height shall be no greater than 10 feet.
(e) Minimum setback shall be 0 feet.
(f) Directional signs abutting state right-of-way must meet the State of New Mexico Highway and Transportation Department’s regulations prior to applying for a Raton sign permit.
(g) See State of New Mexico Highway and Transportation Department for their Logo and Trail Blazer Program.
HOME OCCUPATION SIGNS. Commercial advertising is not allowed in Residential Zones except for in HOME OCCUPATIONS. Commercial advertising may be placed on the inside of a home and may be viewed through the window or the door way.
ILLEGAL SIGNS. Those signs erected without having obtained a sign permit. These signs are prohibited and are subject to removal. Grandfather status: As of the adoption date of §§ 156.130 et seq., any nonconforming legally permitted signs: and permitted work in progress that existed before the adoption date are grandfathered, however these signs are subject to the maintenance and repair guidelines as stated in §§ 156.130 et seq.
ILLUMINATION. A sign that is lighted by or exposed to artificial lighting either by lights on or internal to the sign or directed towards the sign. ILLUMINATION of a projecting wall sign may be either internal and/or indirect or direct. In the case of surface ILLUMINATION, the sign shall only be illuminated from above.
INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as, “no parking,” “entrance,” “loading only, “ ”telephone,” and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.
INSTITUTIONAL USES. Permitted under this chapter in residential zoning districts may include, but are not necessarily limited to, churches, schools, funeral homes, and cemeteries. These INSTITUTIONAL USES may have advertising.
LOT. Any piece or parcel of land or portion of a subdivision, the boundaries of which have been established by some legal instrument of record, in single ownership that is in sufficient size to meet minimum zoning requirements for area, coverage and use and that can provide the yard and other open spaces as required by the zoning regulations.
LEGAL SETBACK LINE. A line established by ordinance beyond which a building may not be built. A LEGAL SETBACK LINE may be a property line. (1994 U.S.C.)
MARQUEE. A permanent roofed structure or roof like structure attached to and supported by the building and projecting beyond a building or extending along and projecting beyond the wall of the building over public property, generally designed and constructed to provide protection from the weather. (1994 U.S.C. and A.P.A. Model Sign Ordinance)
MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.
MOBILE HOME PARK SIGNS. Mobile home parks shall only be allowed to advertise the park’s name and pertinent information about the park. The sign shall only be 32 square feet in any dimension or any combination thereof.
NONSTRUCTURAL TRIM. The molding, battens, caps, nailing strips, latticing, cutouts or letters, and walkways which are attached to the sign structure.
OFF-PREMISE SIGNS. Sometimes referred to as independent signs, the content of which does not refer to a business or merchant doing business on the premise where the sign is displayed. These signs are prohibited except for directional signs located on private property. The Rule of Formal Abandonment Procedure shall apply if an off premise sign is to be relocated within the city limits for any reason.
(a) RULE OF FORMAL ABANDONMENT PROCEDURE. If an off-premise sign is applied for through the formal abandonment procedure, then these signs shall have a minimum spacing of 1,500 feet. If the spacing interval for the proposed sign structure is not feasible and if the placement of the proposed sign structure will be closer than 1,500 feet to only 1 other existing sign, then this spacing distance may be reduced through the variance procedure. A maximum of 300 square feet of sign area is allowed. The sign area shall only be 10 foot high by 30 foot long with no increases for sign area, excluding trim, walkways, and structure, allowed through the variance procedure. A minimum setback of 10 feet, and a maximum overall height of 35 feet will be enforced, unless otherwise amended through the variance procedure. New OFF-PREMISE SIGNS are permitted only until 3-1-2000, at a maximum visible sign face per location of 300 square feet. No new off-premise signs shall be allowed after 3-1-2000, except as provided herein.
(b) OFF-PREMISE SIGNS (NONCONFORMING) LEGALLY PERMITTED AND INSTALLED.
1. The owner of any lot or other premises on which exists a sign that was legally permitted and installed with appropriate permits that does not conform with the requirements of §§ 156.130 et seq. shall be allowed to remain and be kept maintained, except upon formal abandonment.
2. Formal abandonment is the procedure in which a new off premise sign site may be established.
3. Prior to proposing a new site location, the lot owner shall put into writing that the owner/applicant intends to abandon the off premise sign site and propose a new site to locate the
OFF- PREMISE SIGN.
4. Permit is required.
5. The removal of the existing sign structure and site clean up of all debris and the erection of the new sign must be completed within 120 working days (Monday through Friday) with no extensions allowed.
6. This includes signs brought down by acts of God or actions beyond our control.
7. If the
OFF-PREMISE SIGN is proposed for property abutting state right-of-way, the sign has to meet those requirements prior to city permit issuance.
8. Existing
OFF-PREMISE SIGNS may not be expanded in any dimension including stacking.
9. The state has jurisdiction over primary highways. Highway 87 (South 2nd Street) is a primary highway. The zoning district has to be commercial, therefore off premise signs are only allowed in the following zoning districts: C-3, L-I, and H-1. A permit for an off premise sign will need to be obtained from the State of New Mexico Highway and Transportation Department. As per outdoor Advertising Rules and Regulations of the State of New Mexico Highway and Transportation Department, they will not issue a permit for the erection of a new sign, unless the applicant has received a letter from the City of Raton stating that the city will permit the proposed sign if the sign meets the State of New Mexico regulations which includes that these areas be zoned commercial or industrial.
10. Freestanding directional off-premise signs are permitted only on private property and are limited to 1 multi-faced sign no greater than 12 square feet at a spacing of no less than 300 feet, and maximum height shall be no greater than 10 feet, and minimum setback shall be 0 feet.
11. Directional signs abutting state right-of-way must meet the State of New Mexico Highway and Transportation Department’s regulations prior to applying for a Raton sign permit.
12. See State of New Mexico Highway and Transportation Department for their Logo and Trail Blazer Program.
ON-PREMISE SIGN (NONCONFORMING AND CONFORMING). A sign, also sometimes referred to as an accessory sign, which advertises or directs attention to a business, product, service, or activity which is available on the premises of the use of the premises. The owner of any lot or other premises on which exists an ON-PREMISE SIGN that does or does not conform with the requirements of §§ 156.130 et seq. shall be allowed to remain, and be kept maintained, however at the time of removal any new proposed structures must conform with §§ 156.130 et seq..
PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERSON. Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
POLE SIGN. A sign wholly supported by a sign structure in the ground. (1994 U.S.C.)
PORTABLE DISPLAY SURFACE. A display surface, the message on which is temporarily fixed to a standardized advertising structure which is regularly moved from location to location at periodic intervals. (1994 U.S.C.)
PROJECTING SIGN. Any sign affixed to a building, wall, or pole in a manner that its leading edge extends more than 6 inches beyond the surface of the building, wall, or pole. The sign projects from and is supported by a wall of a building or structure or pole. (1994 U.S.C. and A.P.A. Model Sign Ordinance) No projecting wall sign shall extend more than 6 feet from the face of the building, and the like from which it is supported. Projecting signs shall not project over any public property, including right-of-way, over 6 feet. Signs shall not project over any curbs or curb line. PROJECTING SIGNS, must provide a minimum of 10 feet clearance from the sidewalk or traveled public way. Pole-mounted projecting signs shall be setback 3 feet from the property line to the pole face.
PROJECTION. The distance by which a sign extends over public property or beyond the building line. (1994 U.S.C.)
RESIDENTIAL SIGN. Any sign located in a district 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 a service at the location conforms with all requirements of this chapter. Signs outside of the home or accessory structure are prohibited in residential zones. See “home occupation.”
ROOF SIGN. Any sign erected and constructed wholly on and over the roof or parapet of a building, supported by the roof structure, and extending vertically above the highest portion of the roof. (1994 U.S.C. and A.P.A. Model Sign Ordinance)
ROOF SIGN, INTEGRAL.
(a) Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
(b) Several chains and franchises includes signs in the roof structures of their buildings. While some communities may want to prohibit those as well as obtrusive roof signs that extend above the roof, integral signs may be acceptable in some zones where the other type of roof sign is not.
SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicular to the property line. (The nearest part of a sign is not necessarily the base of the sign depending on how the sign is situated on the lot.)
SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, 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 or to attract the attention to the subject matter for advertising purposes to the public, other than paint on the surface of a building. (1994 U.S.C. and A.P.A. Model Sign Ordinance)
SIGN STRUCTURE. Any structure which supports or is capable of supporting a sign as defined in this code. A SIGN STRUCTURE may be a single pole and may or may not be an integral part of the building. (1994 U.S.C.)
SNIPE SIGN. A temporary sign or poster affixed to a tree, fence, and the like. These are prohibited except for yard sale signs, holiday directional and art signs which must come down the day after the event is over.
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 FRONTAGE. The distance for which a lot lone of a zone lot adjoins a public street, from 1 lot line intersecting the street to the furthest distant lot line intersecting the same street.
SUBDIVISION SIGNS. A subdivision identification sign in a residential zoning district advertising future lots is allowed. This sign shall not be any larger than 100 square feet and located within the property lines of property. Identification sign must be removed after 100% of lots have been sold. It shall be setback a minimum of 10 feet. A permanent subdivision identification or entrance sign is allowed. This type of sign shall be reviewed administratively as these types of signs may be works of art.
SUSPENDED SIGN.
(a) A sign that is suspended from the underside of a horizontal plane surface and is supported by the surface. The lowest edge may not be less than 10 feet above the sidewalk level or other public right of way. Free swinging sign panels (hinged, chained, or strapped) are not permitted. Panel must be rigidly fastened to suspending bracket.
(b) Although projecting signs are also generally “suspended” from a framework, this definition includes the type of sign (usually small) that hangs from the underside of a canopy or portico to inform pedestrians of the name or address of a building or entrance.
TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted. These signs may not be placed in the state or city right-of-way, except when otherwise authorized pursuant to this code and provided that a minimum of 4 feet of sidewalk right-of-way can be maintained open for pedestrian travel for special sales days or other special events. Unless otherwise stated herein, these signs shall not be more than 4 feet high by 2 feet wide square feet in area. The City of Raton recognizes these types of temporary signs, including, but not limited to:
(a) A AND T FRAME SIGNS. Permitted without approval provided compliance is met. Only 1 temporary portable A OR T FRAME SIGN may be temporarily placed in front of a business, secured with sandbags, on the sidewalk in the public right-of-way and not in the median, if a minimum of 4 feet of sidewalk right-of-way can be maintained open for pedestrian travel. If an A OR T FRAME SIGN is not used, then only 1 other portable sign may be placed within the property lines. The minimum setback is 0 feet. Height is limited to 5 feet. This type of temporary sign shall apply as 1 of the sign structures allowed per business, except on corner properties these may be doubled, however, no stacking is allowed.
(b) FREESTANDING SIGNS.
1. REAL ESTATE. Permitted without approval. Only 2 shall be allowed and shall only be placed within the property lines at a minimum of 0 foot setback. Height is restricted to 10 feet. Size is not limited, however if the sign is large enough to require substantial structural support, or it is attached to another structure (not free standing), the proposed sign shall be reviewed by zoning official.
2. POLITICAL. Permitted without approval provided compliance is met. Temporary political signs shall be allowed to be placed within the property lines. These signs are allowed to be erected or posted 4 weeks prior to an election and must be removed within 10 days after the election. Any contractual agreements made with sign contractors with lease agreements must abide by these regulations. These signs shall be setback from the front property line a minimum of 0 feet. Height restricted to 10 feet. Size is not restricted, however, if the sign is large enough to require substantial structural support or is attached to another structure, the proposed sign structure must be reviewed by zoning official. These signs may be allowed only in the residential, commercial, or industrial zoned districts.
3. COMMERCIAL. These signs may only be allowed on commercial, industrial, or governmental zoned properties.
4. PORTABLE SIGNS. Requires zoning officers approval of site plan. PORTABLE SIGN is 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 boards signs, tethered 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 operation of the business. PORTABLE SIGNS attached or painted to vehicles are prohibited, within the city limits of Raton, unless the vehicle is used in the normal day-to-day operation of the business.
5. SNIPE SIGNS. Prohibited.
6. PENNANTS. Permitted without approval provided compliance is met.
WALL SIGN.
(a) Any sign attached parallel to, but within 6 inches of, a wall, painted on the wall surface of, 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 1 sign surface. Gross sign area shall be limited to 20% of the wall area to which sign is affixed or 240 square feet, whichever is larger. Wall signs for the purpose of §§ 156.130 et seq. are considered on-premise.
(b) The 6 inch dimension is sound in concept but arbitrary in detail. The intent is to include within this definition flat signs that are fastened rather than painted on the surface, but to exclude from it signs that project significantly from the 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 window panes or glass and is visible from the exterior of the window.
ZONING OFFICER. The person who shall generally review application for sign permits.
(Ord. 900, passed 2-22-2000)