Bosque Farms City Zoning Code
§ 10-1-20
Signs and outdoor advertising devices.
A.
Special definitions. For the purpose of this section, the following definitions shall apply:
ANIMATED SIGN
Any sign that uses movement of light or change in the lighting to depict action or create a special effect or scene, within the sign face.
AUXILIARY SIGN
A sign which provides specific information such as direction, price, sales information, hours of operation, or warning and does not include information regarding product lines or services. Examples of such signs include the following:
(1)
Signs identifying the building contractor or future tenant of a building under construction;
(2)
Real estate sale or lease signs and real estate directional signs;
(3)
Signs used by gasoline retailers to display prices of gasoline as required by law;
(4)
Signs which direct but do not obstruct the flow of traffic in or out of drives, parking areas and buildings; and
(5)
Signs which advertise an approved subdivision, its buildings, or individual parcels for sale.
BANNER
Any sign printed or displayed upon cloth or other flexible material, with or without frames.
BUILDING-MOUNTED SIGN
A sign entirely supported by a building in the following manner: a wall sign, which is applied or mounted flush to any exterior surface of a building; and signs affixed to a marquee, awning, or canopy of a building. A building-mounted sign shall not project beyond the overall silhouette of the building.
DIRECTIONAL SIGN
Any sign limited to directional messages such as "enter" or "exit." Logos and business names are permitted as needed to complete the directional message.
FREESTANDING SIGN
A sign attached to an independent supporting structure, which is not an integral part of a building.
ILLUMINATED SIGN
Any nonmoving, nonflashing sign which has characters, letters, figures, designs or outlines illuminated by an artificial light source.
INDIRECT LIGHT SOURCE
A light that does not proceed straight to any object.
INFORMATIONAL SIGN
Any sign of identification or of informational nature bearing no advertising.
OFF-PREMISES SIGN
Any sign that is not physically located on the premises to which the sign refers.
ON-PREMISES SIGN
Any sign that is physically located on the premises to which the sign refers.
PENNANT
Any lightweight plastic fabric, or other material, including balloons, 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.
PORTABLE SIGN
Any sign which is mounted or transported on a trailer or similar structure, with or without wheels, and not permanently attached to the ground or any structure.
READER BOARD
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign. A reader board shall be a building-mounted, freestanding, or portable sign; and can include electronically changing text messages.
SIGN
Any display to public view of letters, words, numerals, figures, statues, devices, emblems, logos, pictures, or any parts or combinations thereof designed to inform or advertise or promote merchandise, services, or activities except for the following, which shall not be included in the application of regulations herein:
(1)
National, state, or locally recognized commemorative symbols, flags, plaques, or historical markers (Note: The use of the flag of the United States of America is regulated under federal law, specifically the Flag Code, Public Law 94-344, which limits the use of the flag and does not allow it to be used for advertising.);
(2)
Signs or official notices required by law or signs of a duly constituted governmental body or agency;
(3)
Merchandise and pictures or other devices describing products or services when incorporated in a window display; and
(4)
Signs placed by a public utility for the health, safety, welfare, or convenience of the public.
SIGN FACE
The net geometric area enclosed by the display surface of the sign and which encompasses the outer extremities of all letters, characters and delineations of the sign. On any two-sided sign, only one sign face is counted in computing the sign's area.
SPOTLIGHT
A strong beam of light that illuminates only a small area, used especially to center attention on an object.
STREET BANNER
A sign intended to be stretched across and hung over a public roadway.
TEMPORARY SIGN
A sign which is designed to attract attention or announce a public event, community activity, civic or religious event, political campaign, business promotional event or other such signs which are erected for a limited time period.
B.
Sign permits. The following provisions apply to all zone districts within the Village of Bosque Farms:
(1)
No person shall erect a sign within Bosque Farms without first applying for a sign permit on a prescribed application form available from the Planning and Zoning Administrator/Officer. A permit will not be required for the following exceptions:
(a)
All signs or devices exempted by definition in this section (refer to the definition of "sign" in Subsection A above);
(b)
Professional name plates erected flush to building walls with a sign face not exceeding four square feet;
(c)
Signs upon a motorized vehicle, provided that any such vehicle with a sign face over 10 square feet is not used in a manner to avoid the provisions of this Section 10-1; nothing herein prevents such a vehicle from being used for a bona fide delivery and other vehicular purposes;
(d)
Temporary holiday decorations, except temporary street banners;
(e)
On-premises real estate signs with a sign face not exceeding 10 square feet;
(f)
Any renovation or content changes to the sign face, but not changes in dimension, location, or height;
(g)
Political signs not to exceed 32 square feet;
(h)
Signs which only display local time and temperature, not exceeding 36 square feet;
(i)
Signs painted on the exterior surface of a building or structure. Wall signs shall not exceed 100 square feet or exceed 30% of the wall space, whichever is greater, in which the business or activity is housed. Wall signs shall be limited to advertise the business within the building or retail space, and products produced or sold by that business; and
(j)
Signs used by local, registered nonprofit organizations at Village recreational facilities for advertising businesses supporting the organizations, not exceeding 36 square feet per sign, will be the responsibility of the respective nonprofit organization.
(2)
Applications for a sign permit shall be accompanied by an administrative fee and shall include the following information:
(a)
Name and address of the sign owner or sign lessee (if any);
(b)
Name and address of owner (or agent if applicable) of the building or premise to which the sign refers;
(c)
A drawing showing the design, dimensions, and construction of the proposed sign or signs, along with a site plan and/or building elevation drawing showing the location or placement of the sign or signs;
(d)
Signature of the applicant for the sign permit; and
(e)
Signature and written permission of the landowner for off-premises signs.
(3)
If the Planning and Zoning Administrator/Officer determines that any sign permit which has been issued does not comply with the information supplied on the permit application form, or that the permitted sign is in violation of any other provisions of this Section 10-1, then the Planning and Zoning Administrator/Officer shall notify the sign or building owner of such violation. Written notice shall be sent to the applicant of the sign permit, sign owner, and building owner by certified mail, return receipt requested. If the violation is not corrected within 30 days following the date of such written notice, then the permit shall be terminated. Thereafter, a new permit application and fee shall be required in order to reinstate the permit. If no application is made to reinstate the terminated permit, the Planning and Zoning Administrator/Officer is authorized to remove or cause removal of such sign or signs in violation of this Section 10-1, and any cost incidental thereto shall be assessed and paid by the sign owner or owner of the building or structure.
(4)
Any sign existing prior to the effective date of this Section 10-1, and which is not in violation of any preexisting Village sign regulations, and which also possesses a sign permit issued by the Village, shall be allowed to remain under this Section 10-1.
C.
General provisions. The following general provisions apply to all signs within the Village of Bosque Farms:
(1)
No sign shall exceed 20 feet in height, as measured from the grade to the highest part of the sign or its supporting structure;
(2)
Any sign located at a roadway intersection shall comply with the restrictions stated in this Section 10-1 regarding the vision clearance necessary within the designated triangular space on a corner lot (see § 10-1-5O);
(3)
No sign or portion thereof shall be placed within a dedicated public right-of-way or a private roadway;
(4)
All signs shall be repaired and maintained in an appropriate and safe manner. Any sign deemed to be in disrepair by the Planning and Zoning Administrator/Officer shall be considered to be in violation of this Section 10-1; and
(5)
The following types of signs or advertising devices shall be prohibited within the Village of Bosque Farms:
(a)
Spotlights or beacons which do not illuminate a sign or which do not illuminate a building or parking lot for security purposes, provided such illumination does not adversely affect adjoining properties or roadways;
(b)
Portable swinger "A-frame" or sandwich board signs;
(c)
Signs attached to or painted on any tree, rock or other natural object, utility pole, standpipe, fire escape, or any other man-made object not intended to support a sign;
(d)
Sign structures with three or more sides containing sign faces; and
(e)
Signs which are or may become a physical hazard to the public.
D.
Regulations for business signs. The following regulations shall apply to all businesses, commercial activities, and services throughout the Village of Bosque Farms. Nothing under this subsection shall inhibit the use of miscellaneous design features incorporated in the architectural scheme of a building.
(1)
No more than two permanent, on-premises signs shall be allowed to advertise each business, commercial, or service activity.
(2)
Solely on Bosque Farms Boulevard (NMSH 47), no more than one off-premises sign shall be allowed to advertise each business, commercial or service activity, provided the following conditions are met:
(a)
Such signs may be either permanent or portable signs; and
(b)
Such signs shall not exceed eight feet above ground level.
(3)
One additional, portable sign shall be allowed on any lot.
(4)
No sign face shall exceed 36 square feet, except as provided in Subsection D(10) below.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section 1-1).
(5)
Signs may be illuminated and/or animated, but shall not move or emit sounds.
(6)
One of the two permanent signs allowed for each business may be a freestanding sign, provided that only one such freestanding sign structure shall be allowed on any lot.
(7)
One of the two permanent signs allowed for each business may be a reader board, provided the following conditions are met:
(a)
The sign face shall not exceed 36 square feet in size;
(b)
Such sign shall be on-premises; and
(c)
Such sign may be illuminated by indirect source only; no spotlights shall be allowed.
(8)
One of the two permanent signs allowed for each business may be an animated sign not to exceed 36 square feet in size.
(9)
One nonilluminated sign is permitted for each home occupation, approved by the Village, provided that no such sign face shall exceed five square feet.
(10)
Buildings with multiple tenants, such as shopping centers, are allowed to have one freestanding sign, and tenants shall share space on the freestanding sign. The total combined sign face for buildings with multiple tenants shall not exceed 96 square feet, or 16 square feet per business, whichever is larger. The freestanding sign for multiple-tenant shopping centers shall not count toward the two allowable signs for each of the tenants in the shopping center.
E.
Regulations for auxiliary signs. The following regulations for auxiliary signs shall apply to all zone districts, unless otherwise specified, within the Village of Bosque Farms:
(1)
Signs related to the sale, lease, or development of real estate shall comply with the following regulations:
(a)
One on-premises sign per lot frontage is permitted, provided that each sign face shall not exceed 10 square feet;
(b)
Off-premises signs directing or leading prospective buyers to real estate for sale or lease shall be limited to no more than six signs for each property, provided that no such sign face shall exceed five square feet;
(c)
Signs promoting or advertising subdivisions for sale shall not have a sign face greater than 36 square feet; and
(d)
All real estate signs shall be removed within 30 days after the property is sold or the project is completed.
(2)
One price sign per gasoline retailer is permitted, provided that no such sign face shall exceed 36 square feet;
(3)
No private signs which direct traffic shall contain a sign face greater than five square feet; and
(4)
Informational signs relating to business, commercial or service activities shall be on-premises signs, each limited to a sign face no greater than five square feet.
F.
Regulations for temporary signs. The following regulations for temporary signs shall apply to all zone districts within the Village of Bosque Farms:
(1)
Signs related to a political campaign prior to an election shall be permitted on any lot, provided the following conditions are met:
(a)
Such signs shall not be placed more than 30 days prior to the final day of voting designated as Election Day and shall be removed within three days following the election;
(b)
The height of such signs shall not exceed eight feet above grade; and
(c)
Written permission of the landowner shall be provided to the Planning and Zoning Administrator/Officer before placing a sign on vacant or unoccupied property.
(2)
All other temporary signs, including pennants and balloons, which are not related to a political campaign will be permitted on any lot, provided that such signs shall not be displayed more than 30 consecutive days for each announced event. A sign permit, purchased on an annual basis to run from January 1 to December 31, is required and shall be approved for use of no more than four nonconsecutive times within that year. Dates to be displayed shall be submitted at the time of application.
(3)
Street banner signs shall receive prior written approval from the New Mexico Department of Transportation Traffic Engineer and the Village; documentation that all requirements have been satisfied is required. These documents shall be submitted with a sign permit application to the Planning and Zoning Administrator/Officer for any street banner that is to be erected on Bosque Farms Boulevard (NMSH 47). The Village of Bosque Farms shall erect all street banner signs.
G.
Abandonment and removal. Any sign will be subject to removal or alteration by the business and/or property owner if one or more of the following conditions exist:
(1)
The sign does not contain legibly printed matter on the display surface; or
(2)
The sign is unsafe; or
(3)
The sign is not secure; or
(4)
The sign is a menace to the public; or
(5)
The sign has been erected in violation of this Section 10-1; or
(6)
The sign, by its nature, has become obsolete for a period of 90 days and therefore deemed to have been abandoned by the owner thereof.
