The purpose of this chapter, referred to hereafter as "this chapter" or "this code", is to regulate the size, color, lighting, movement, materials, location, height and condition of all signs within the city, thus ensuring the protection of property values, the character of the various neighborhoods, the aesthetic value of the city, while encouraging economic development. This chapter allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This chapter shall be interpreted in a manner consistent with the First Amendment to the United States Constitution's guarantee of free speech, including its prohibition of regulating signage based on content, viewpoint, or message. If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

Signs not expressly permitted as being allowed by right or by special use permit under this chapter, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the city are prohibited.

B.

A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in Section 17.45.010.

C.

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

D.

These regulations distinguish between portions of the city designed for primarily vehicular access and portions of the city designed for primarily pedestrian access.

E.

These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the city. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

F.

These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

G.

These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by the state of New Mexico, the federal government, or the city.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

Words and terms expressly defined in this chapter have the specific meanings assigned unless the context clearly indicates another meaning. Words that are not expressly defined in this chapter have their common dictionary meaning:

"Abandoned sign" a sign that it appears to be unused, and is dilapidated, unsightly and in a state of disrepair and remains in such condition for a period of three consecutive months.

"Athletic field" means a piece of land prepared and used for playing a game or sporting activity and regularly hosting sporting practices and events.

"Attached signage" means any sign which is fastened to, connected to, or painted on and wholly or partially supported by a building or other structure located on a property, including awnings signs, marquee signs, banners, roof signs, window signs and wall signs, but not including canopy signs.

"Arterial street" means a street designated as arterial by this chapter and with signals at important intersections and stop signs on side streets and which collects and distributes traffic to and from collector streets.

"Billboard" means a sign, permanent in nature, located within thirty feet of an arterial roadway as designated by this chapter or the UDO, maintained on a mast or pole(s) and designed or constructed such that the sign face is subject to periodic change, either physically or digitally, and within the view of motorists or pedestrians.

"Building" means a roofed and walled structure built for permanent or semipermanent use.

"Business centers" means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

"Canopy" means an open air permanent roofed shelter supported by columns, poles or walls and not attached to another building or structure.

"Canopy sign" means a sign fastened to, connected to, or painted on and wholly or partially supported by a canopy.

"Collector street" means a street which collects traffic from residential streets and connects with arterials.

"Directional sign" means a sign indicating entrances and exits, including those for parking lots and garages.

"Electric" means any sign containing electric wiring. This does not include signs illuminated by an exterior floodlight source.

"Flag" means any rectangular, triangular or square display constructed of lightweight material and attachable by one edge to a pole or rope.

"Flat wall sign" means a sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than twelve inches at all points.

"Flashing sign" means any illumined sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this code any moving illuminated sign, except digital billboards, shall be considered a flashing sign.

"Freestanding sign" means a sign erected and maintained on a freestanding frame, mast or pole not attached to any building, and not including ground mounted signs.

"Government sign" means a sign that is constructed, placed or maintained by the federal, state or local government or a sign that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner's rights.

"Ground mounted sign" means a sign which extends from the ground, or has support which places the bottom of the sign less than two feet from the ground.

"Marquee" means a covering structure bearing a signboard or copy projecting from and attached to a building.

"Non-conforming sign" means any sign which does not conform with the provisions of this chapter or another provision of the UDO; including but not limited to prohibited signs and abandoned signs.

"Original art display" means a hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the property owner. An original art display does not include: Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display.

"Outdoor advertising sign" means a sign which advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located.

"Pole sign" means a sign, including its supporting structure and flags not otherwise exempted, which is mounted on one or more free-standing poles or other support independent of a building and having its lowest edge eight feet or more above the elevation of the curb of the nearest roadway.

"Portable sign" means any structure without a permanent foundation or otherwise permanently attached to a fixed location, which can be carried, towed, hauled or driven and is primarily designed to be moved rather than be limited to a fixed location regardless of modifications that limit its movability.

"Projecting sign" means a sign, other than a wall sign, which projects from and is supported by a wall of a building or structure.

"Residential street" means a street designed to provide access to abutting property and lightly trafficked streets, and to discourage through traffic.

"Roof sign" means a sign located on or above the roof of any building, not including false mansard roof, canopy, or other fascia.

"Sign" means a name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface, which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Signs located completely within an enclosed building, and not exposed to view from a street, shall not be considered a sign. Each display surface of a sign or sign face shall be considered to be a sign.

"Sign area" means the space enclosed within the extreme edges of the sign for each sign face, not including the supporting structure; or, where attached directly to a building wall or surface, the space within the outline enclosing all the characters of the words, numbers or design.

"Sign face" means the entire display surface area of a sign upon, against or through which copy is placed.

"Structure" means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, parking areas, walks, fences, canopies and out buildings.

"Substantially repaired" means any repair whereby the cost of restoring the sign to its before condition would equal or exceed fifty percent of the value of the sign identified in the sign permit and determined at the time the permit was executed.

"Temporary sign" means a banner, pennant, poster or display constructed of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and that appears to be intended or is determined by the code official to be displayed for a limited period of time.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

The following signs or lights are prohibited in every district and zone of the city:

1.

Signs that are of a size, location, movement, coloring, or manner of illumination which may be confused with or construed as a traffic control device, or emergency device, or which hide from view any traffic or street sign or signal.

2.

Signs which contain or consist of banners, posters, pennants, ribbons, streamers, or other similarly moving devices or signs which are likely to fall or dismount due to unusual weather or unusually high wind. This section does not include signs otherwise allowed under Section 17.45.090.H.

3.

Signs which contain blinking, flashing or fluttering lights or other illuminating devices which exhibit movement and are positioned in such a manner that they significantly distract drivers and are a threat to public safety.

4.

Signs that would be an original art display but does not have the permission of the owner of the property on which it is located or is graffiti.

5.

Signs that do not comply with the location, size or use restrictions of this code.

6.

Signs placed on property without the permission of the property owner or lessee and signs placed on government property or in the public right-of-way.

7.

Signs which are affixed to or painted on a vehicle, other than to advertise the vehicle itself for sale, if a vehicle is parked in a location, for the purpose of advertising and not for a legitimate business purpose or in the course of regular and ordinary use of the vehicle.

8.

Abandoned signs as defined in this code.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

The following signs are authorized pursuant to this code and in every district or zone of the city:

1.

Although these regulations do not apply to signs erected, maintained or posted by the state, federal government or the city, these regulations clarify that government signs are allowed in every zoning district which form the expression of this government when erected and maintained pursuant to law.

2.

Traffic control devices on private or public property erected and maintained to comply with the Manual on Uniform Traffic Control Devices adopted in New Mexico and/or with the Manual on Uniform Traffic Control Devices adopted by the Federal Highway Administration.

4.

Where a federal, state or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner shall comply with the federal, state or local law to exercise that authority by posting a sign on the property.

5.

A flag that has been adopted by the federal government, New Mexico, Curry County or the city may be displayed as provided under the law that adopts or regulates its use, and other flags as are provided in this code.

6.

Signs not in an enclosed building and not exposed to view from a street or public right-of-way, public place or other property such as those not visible to a person from a public right-of-way, public place or other property.

7.

Signs constructed pursuant to a valid building permit when required under this code and authorized by this code.

(Ord. No. 2158-2022, § 3, 1-6-22).

For purposes of the enforcement of the sign code, the lessee of a property is considered the property owner as to the property the lessee holds a right to use exclusive of others, or the sole right to occupy.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

A permit is required for all signs within the city, except as provided in this section.

B.

The following sections apply to applications for a sign permit:

1.

An application for a sign permit shall be filed with the department of building safety on forms furnished or approved by the department. The applicant shall provide sufficient information to determine if the proposed sign is allowed under this code and other applicable laws, regulations, and ordinances. An application for any sign shall only be made by the property owner and shall state the date when the owner intends to erect it.

2.

An application for a new freestanding sign or billboard sign which, when erected or constructed exceeding thirty feet in height above ground level, or for all roof signs, shall be accompanied by a drawing of the sign structure and the sign prepared by and certified by a registered professional engineer or licensed architect. The building inspector may also require similar certification by a registered professional engineer or licensed architect where any unusual structural provisions of a proposed sign and structure indicate such certification is necessary in the interest of the public safety.

3.

The department of building safety shall process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within ten days after receipt of the application. Any application that complies with all provisions of this code, the unified development ordinance (UDO), the building code, and other applicable laws, regulations, and ordinances shall be approved.

4.

If the application is denied, the department of building safety or city shall provide a list of the reasons for the denial in writing. An application may be denied for non-compliance with the terms of this code, the unified development ordinance, building code, or other applicable law, regulation, or ordinance.

5.

An applicant may appeal the denial of an application to planning and zoning commission, and then to the city commission, in accordance with this section and the unified development ordinance.

6.

A nonrefundable application fee established by the city of Clovis shall be submitted with any initial application. A subsequent permitting fee, based upon the cost of construction of the sign and in accordance with the current Type II city of Clovis Permit Fee Schedule, shall be paid upon the issuance of a permit.

C.

If a sign is not installed within six months following the issuance of a sign permit, the permit shall be void.

D.

The city may revoke a sign permit under any of the following circumstances:

1.

The city determines that information in the application was materially false or misleading.

2.

The sign as installed does not conform to the sign permit application.

3.

The sign violates this section, the unified development ordinance, or other applicable law, regulation, or ordinance.

4.

The department of building safety determines that the sign is not being properly maintained or is an abandoned sign as defined in Section 17.45.030.

5.

A permit revocation me be appealed in accordance with Section 17.65.150 of the unified development ordinance.

E.

A sign permit is not required for signs:

1.

Described in Sections 17.45.050, 17.45.080 and all temporary signs.

2.

Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties; provided, that all such signs shall be removed no more than ten days after their purpose has been accomplished.

F.

When any sign, or a major part thereof, is blown down or otherwise destroyed or taken down or removed for any purpose other than maintenance operation or for changing letters, symbols or other matter on such sign and structure, it shall not be re-erected, reconstructed or rebuilt without first obtaining a permit and be in full conformance with this chapter and all other applicable codes and ordinances.

G.

An applicant may appeal the denial of an application to planning and zoning commission, and then to the city commission, in accordance with this section and the unified development ordinance.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

The sub-sections contained herein apply to all residential districts, to include residential single-family-170 (RS-170), residential single-family-7 (RS-7) and residential multi-family (RM) districts.

B.

For residential developments (including subdivision identification) the maximum size and number of signs that the owner or owners of the residential development may erect, and shall maintain if erected, at the entrances to the development shall be controlled according to the following:

1.

Residential developments four acres or less in area may have a sign or signs with a total area of no more than thirty-two square feet;

2.

Residential developments over four acres but less than forty acres in area may have a sign or signs which have a total area of no more than forty-eight square feet;

3.

Residential developments of forty acres or more in area may have a sign or signs with a total area of no more than one hundred twelve square feet.

C.

The following height restrictions apply to all signs within residential districts:

1.

If ground-mounted, the top shall not be over six feet above the ground; and

2.

If building or fence mounted, shall be flush mounted and shall not project above the roof line.

D.

Temporary Signs.

1.

A property owner may place three temporary signs with a sign face no larger than six square feet on the property at any time, so long as any such sign is no further than five feet from the principal residential structure and no taller than three feet.

2.

A property owner may place one temporary sign with a sign face no larger than six square feet on their property for a period of thirty consecutive days, so long as the sign is no closer than five feet from the curb or public right-of-way and no taller than three feet.

3.

A property owner may place a temporary sign no larger than 8.5 inches by eleven inches in one window on the property at any time.

4.

Temporary signs may be located on an owner's property for a period of thirty days prior to the first day of early voting for an election, and no more than ten days following the election day, involving candidates for a federal, state or local office, or involving an issue on the ballot of an election within the district where the property is located. Any such sign shall be no larger than six square feet and no closer than five feet from the curb or public right-of-way.

5.

One temporary sign may be located on a property when:

a.

The owner consents and that property is being offered for sale by the owner(s) of the property or through a licensed real estate agent.

b.

For a period of ten days following the date title to the property is actually transferred from seller to buyer, otherwise known as the final closing date.

c.

All signs described in this subsection shall be no larger than six square feet, no closer than five feet from the curb or public right-of-way, and twenty-five feet from any intersection.

d.

If a property is on a corner lot, meaning the property is abutted by two public streets, the property may have two temporary signs described in this subsection.

6.

One temporary sign may be located on the owner's property on a day when the property owner is opening the property to the public; provided, however, the owner may not use this type of sign more than twelve days in a year. For purposes of this section, a year is counted from the first day on which the sign is erected counting backwards and from the last day on which the sign exists counting forward. If a property is on a corner lot, meaning the property is abutted by two public streets, the property may have two temporary signs described in this subsection.

7.

Between December 1 to January 10, a property owner may place additional temporary signs on the property and may use non-invasive lights or other decorations, subject to the residential and commercial lighting provisions contained in the unified development ordinance.

8.

Temporary signs shall not be located within any right-of-way whether dedicated or owned in fee simple or as an easement.

9.

Temporary signs shall not be placed on any utility pole, street light, similar object, or on public property.

10.

Temporary signs shall not be illuminated.

E.

Flags.

1.

In addition to flags allowed in Section 17.45.050.A.5, four flags and two flag poles shall be allowed for each residence. Each flag shall be a maximum of fifteen square feet in area. The flag pole, if located on a residential street, shall be a maximum of twenty-five feet in height, or as tall as the highest point of the principal building's roof, whichever is higher. If the flag pole is located adjacent to a collector or arterial street, the flag pole shall be a maximum of thirty feet in height. Flag poles shall be located no closer than ten feet from the property boundary.

F.

Except as provided in this chapter, all other signs are prohibited in residential districts.

(Ord. No. 2158-2022, § 3, 1-6-22; Ord. No. 2167-2022, § 2, 5-19-22).

A.

The sub-sections contained herein apply to commercial general (CG), industrial (I) and central business districts (CBD).

B.

Attached Signs.

1.

The regulations in this subsection apply to attached signage, as defined in Section 17.45.030.

2.

A business may have up to five attached signs on each exterior wall of the primary building or structure.

3.

Attached signs may break the vertical plane of the exterior wall which holds the sign.

4.

Attached signs, regardless of the number, shall not take up more than fifteen percent of the exterior wall which holds the sign.

5.

Attached signs are subject to the design standards of all applicable codes.

C.

Canopy Signs.

1.

The regulations in this subsection apply to canopy signage, as defined in Section 17.45.030.

2.

A canopy may contain up to three signs on each side of a canopy.

3.

A single canopy sign shall not exceed fifty square feet.

4.

Canopy signs may break the horizontal and vertical planes of the canopy.

5.

Canopy signs are subject to the design standards of all applicable codes.

D.

Freestanding Signs.

1.

The regulations in this subsection apply to freestanding signage, as defined in Section 17.45.030.

2.

The number of freestanding signs is limited to one per lot, except where the frontage of the lot exceeds six hundred linear feet. For those lots, two freestanding signs are permitted, provided there is a minimum distance of two hundred feet between the signs.

3.

Individual freestanding signs shall be limited to those businesses that own direct, unobstructed (on-site) access to the public street.

4.

The minimum setback for freestanding signs is determined by street classification as designated in the table below:

Table 1: Minimum Setbacks by Street Classification
(in feet)

5.

The maximum height of freestanding signs is determined by street classification as outlined in the table below:

Table 2: Maximum Sign Height by Street Classification
(in feet)

6.

The maximum size of freestanding signs is determined by street classification as outlined in the table below:

Table 3: Maximum Sign Size by Street Classification
(in square feet)

E.

Temporary Signs.

1.

One temporary sign may be located on a property containing a business so long as any such sign is located within ten feet of the entrance to the principal building and is removed by the property owner when the business is not open to the public.

2.

A property owner may place three temporary signs with a sign face no larger than six square feet on a property containing a residence, so long as any such sign is no further than five feet from the principal residential structure and no taller than three feet.

3.

A property owner may place one temporary sign with a sign face no larger than six square feet on a property containing a residence for a period of thirty consecutive days, so long as the sign is no closer than five feet from the curb or public right-of-way and no taller than three feet.

4.

Temporary signs may be located on an owner's property for a period of thirty days prior to the first day of early voting for an election, and no more than ten (10) days following the election day, involving candidates for a federal, state or local office, or involving an issue on the ballot of an election within the district where the property is located. Any such sign shall be no larger than thirty-two square feet and no closer than five feet from the curb or public right-of-way.

5.

One temporary sign may be located on a property when:

a.

The owner consents and that property is being offered for sale through a licensed real estate agent.

b.

When the sign is owned by the property owner and that property is offered for sale by the owner through advertising in a local newspaper of general circulation; and

c.

For a period of ten days following the date on which a contract of sale has been executed by a person purchasing the property.

d.

All signs described in this subsection shall be no larger than thirty-two square feet, no closer than five feet from the curb or public right-of-way, and twenty-five feet from any intersection.

6.

One temporary sign may be located on the owner's property on a day when the property owner is opening the property to the public; provided, however, the owner may not use this type of sign more than twelve days in a year. For purposes of this section, a year is counted from the first day on which the sign is erected counting backwards and from the last day on which the sign exists counting forward.

7.

Between December 1 to January 10, a property owner may place additional temporary signs on the property and may use non-invasive lights or other decorations, subject to the residential and commercial lighting provisions contained in the unified development ordinance.

8.

Temporary signs shall not be located within any right-of-way whether dedicated or owned in fee simple or as an easement.

9.

Temporary signs shall not be placed on any utility pole, street light, similar object, or on public property.

10.

Temporary signs shall not be illuminated.

F.

Directional Signs.

1.

A business may have up to two directional signs for each entrance or exit of a property to a public street.

2.

Directional signs must be set back at least two feet from the property line.

3.

Directional signs shall be no taller than five feet and no larger than eight square feet.

G.

Flags.

1.

In addition to flags allowed in Section 17.45.050.A.5, A property may have one flag per twenty-five feet of street frontage on a right-of-way with a maximum of six flags and three flag poles per property. Each flag shall be no larger than twenty-four square feet in size. Flag poles shall be a maximum of fifty feet in height but no higher than the highest point of the nearest principal building's roof on the premises. Flag poles shall be located no closer than ten feet from the property boundary.

2.

Vehicle sales and service establishments, including car lots, are permitted to display one small flag of no more than two square feet in area attached to vehicles on display for sale or rent. Such flag shall be no higher than two feet above the height of the vehicle as if it were displayed at grade level.

H.

Commercial Promotional Displays and Events.

1.

Additional signage for businesses or organizations participating in occasional events which require special advertising shall be allowed subject to the conditions contained in this section.

2.

A business shall be allowed one permit for a grand opening display during its first six months of operation. The permit for this display shall be for twenty consecutive days.

3.

A business shall be allowed one bona fide going out of business display. The permit for this display shall be for sixty consecutive days.

4.

A business or organization shall be allowed three permits per calendar year for special events or activities. Each permit shall authorize twenty consecutive days of activity.

5.

During commercial promotional displays or special events, businesses shall be limited to one additional freestanding and three additional attached signs. Each sign shall not exceed one hundred square feet in size.

6.

Displays incorporating balloons, streamers, flags, temporary signs and pennants shall be permitted and are not limited in size and number.

7.

Permits for commercial promotional displays and events shall be issued pursuant to Section 17.45.070. The applicant shall provide to the department of building safety the address of the business where the display is to be placed and the first day of the display. No portion of a display (i.e., structure or sign) shall be erected prior to the first day of the event as stated on the permit. All displays shall be removed not later than the permissible time limit stated in this section. A permit shall be issued to the applicant and shall remain in effect for the duration of that event. No permit fee shall be assessed. A new permit is required for each event.

I.

Business Centers.

1.

Attached signage shall be allowed as described in Section 17.45.090.B.

2.

The maximum height of freestanding signs shall be as described in Section 17.45.090.D.

3.

The maximum size of freestanding signs shall be based upon linear street frontage as outlined in the table below:

Table 4: Maximum Sign Size (in square feet)

(Ord. No. 2158-2022, § 3, 1-6-22; Ord. No. 2167-2022, § 3, 5-19-22).

A.

A newly submitted planned unit development (PUD) shall provide a plan for signage that is desired in the new development during the PUD review process.

B.

Any changes to the signage plan of a PUD shall provide a minor PUD amendment.

C.

A previously approved and existing PUD or any newly submitted PUD that does not present a plan for signage shall use existing sign regulations of the sign code. A PUD with residential land uses shall follow sign regulations for residential zones; a PUD with commercial land uses shall follow sign regulations for commercial zones; and a PUD with industrial land uses shall follow sign regulations for industrial zones. A mixed-use PUD shall follow sign regulations of the appropriate zone that fits the land use of the PUD.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

Billboards may be located only along arterial roadways and only in commercial general or industrial zones.

B.

Total sign area, spacing, height and setbacks for billboards shall be subject to the following requirements:

1.

Billboards shall not exceed three hundred square feet of total sign area, shall be spaced a minimum of one thousand feet away from any other billboard, in any direction, and shall not exceed forty feet in height measured from ground level.

2.

A maximum of two faces, parallel back-to-back is permitted, provided both faces are of the same size and attached to the same pole for support. Sign faces shall be relatively perpendicular to the designated roadway and each face shall not advertise more than one message.

3.

Billboards shall be supported by a maximum of two upright poles.

4.

Vertical or horizontal stacking of billboards is prohibited.

5.

Billboards shall be set back a minimum of fifteen feet from the property line fronting along the designated roadway. Except for billboards fronting along interstate highways, the setback from the designated roadway shall not exceed one-third of the property depth. In each case there shall be a minimum of five feet from all other property lines measured from the property line to any portion of the billboard structure.

6.

Minimum site (lot) area shall be seven thousand square feet for commercial general zones and twenty thousand square feet for industrial zones.

7.

A billboard shall not be erected or maintained unless the owner and operator of the billboard possess the requisite real property, including city property and rights ow way, or legal use of such property, as required to maintain the billboard.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

This subsection allows for the placement and regulation of signs inside athletic fields in all zones within the city.

B.

Signs shall be permitted to be displayed on the inside of fences surrounding individual athletic fields, with the advertising or promotional side facing the playing field.

C.

Each sign shall not exceed thirty-two square feet in sign area.

D.

Signs shall not be permitted to extend above or beyond the edges of the fence.

E.

Freestanding signs and attached signs, other than those identifying the field, are not permitted.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

Any non-conforming attached sign, freestanding sign, directional sign, canopy sign or billboard shall be allowed to continue in use, unless and until the sign is substantially repaired, altered in terms of the size or materials used, relocated or replaced after the adoption of this code, at which time the sign must comply with all provisions of this code and the unified development ordinance.

B.

Signs which were nonconforming to the prior ordinances and which do not conform to this code shall be removed.

C.

All temporary signs, regardless of their prior compliance, shall be brought into compliance immediately or removed.

D.

Any directional signs which are not permanently affixed to a surface, and which may be easily and inexpensively brought into compliance, shall be brought into compliance within one year of the adoption of this code.

(Ord. No. 2158-2022, § 3, 1-6-22).

A.

Notwithstanding any other provision of the Clovis City Code to the contrary, any person who causes, permits, allows, maintains, or suffers a violation of any provision of this chapter, or who fails to comply with any requirement of this chapter, is guilty of a misdemeanor offense punishable by a fine of up to five hundred dollars per violation, per day, plus any applicable court costs. A second violation for the same offense shall be punishable by a minimum fine of one hundred dollars, which shall not be suspended or deferred. A third or subsequent violation for the same offense shall be punishable by a minimum fine of two hundred dollars, which shall not be suspended or deferred.

B.

Any violation or attempted violation of this chapter, or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law or municipal ordinance. The remedies shall include the following:

1.

Issuing a stop-work order for all work on any signs on the same lot.

2.

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign or the correction of the nonconformity.

3.

Imposing any penalties that can be imposed directly by the city under this chapter.

4.

Seeking in any court of competent jurisdiction, the imposition of any penalties that can be imposed by law.

5.

In the case of a sign that poses an immediate danger to the public health or safety, taking measures as are available to the city under this chapter, the city code and the unified development ordinance, including the immediate removal of a dangerous sign.

6.

In the case of an abandoned sign, the city shall issue a written notice to the permittee, if any, and to the property owner, which notice shall state that such sign shall be removed within thirty days. If the permittee, if any, or property owner fails to comply with such written notice to remove, the building inspector is authorized to cause removal of such sign as outlined in this code and the city may store or dispose of the sign at its sole discretion.

7.

The enforcement process shall be as outlined herein, except those signs posted in the right-of-way that are not in compliance with this chapter, or any signs posted on city property without permission, shall be removed by the city.

8.

The city shall not be responsible for damages to confiscated signs.

C.

The city shall have other remedies as are and as may from time to time be provided for or allowed by state law or municipal ordinances for the violation of this chapter, including the imposition of any liens against properties upon which non-conforming signs are located for expenses incurred by the city.

(Ord. No. 2158-2022, § 3, 1-6-22).