Mesilla City Zoning Code

This chapter and all subsequent amendments hereto may be cited as the “sign standards and regulations ordinance.”

This chapter is for the purpose of regulating the installation and use of signs within the town of Mesilla.

This chapter is adopted pursuant to the provisions of an Act of the State Legislature known as Chapter 3, Laws of Article 19 (being Sections 1 through 12 of the New Mexico State Statutes Annotated, 1978) as amended. The provisions of this chapter are adopted in acceptance of and in accordance with said Act.

Nonconforming signs which have been approved by the Mesilla board of trustees or signs which are not in conformity with these regulations but for which permits or variances were granted under previous ordinances, may continue, until one of the following occurs:

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

Other than the exceptions listed in MTC § 18.65.070, temporary signs, and repair and maintenance of existing conforming signs, it shall be unlawful for any person to place, erect, repair, alter, relocate, or retain within the town of Mesilla any sign or‘ other advertising structure without first obtaining a review and recommendation by the planning, zoning and historical appropriateness commission and a permit approved by the Mesilla board of trustees.

The provisions and regulations of these guidelines shall not apply to temporary signs and the following signs; provided however, the number of exception signs does not exceed two for each business or use (with the exception of subsection (G) of this section) and said signs do not deviate radically from standards set forth herein:

Application to erect a sign shall be made upon forms provided by the Mesilla Town Hall and shall contain, or have attached thereto the following information:

When the proposed sign is in compliance with all the requirements of these guidelines and all other laws and ordinances of the town, the permit may be issued administratively by the duly authorized representative for repair and maintenance of existing signs, temporary signs or sandwich board signs and may be issued following the recommendation of the planning, zoning and historical appropriateness commission, and approval of the board of trustees for all other signs that are in compliance with the requirements of these guidelines and all other laws and ordinances of the town. If the work authorized under a sign permit has not been completed within six months after date of issuance, the permit shall become null and void. The application must be acted upon by the board of trustees within 75 days from the date of application.

Every applicant after being granted a permit shall pay to the town of Mesilla a fee of $2.00 per square foot for the permitted sign. The maximum fee for any sign shall be $50.00. No fee shall be assessed for signs listed under exceptions or temporary signs.

The Mesilla board of trustees, or authorized designated representative, shall inspect as they deem necessary each sign regulated by these guidelines for the purpose of ascertaining that the sign conforms with the approved sign permit.

No signs shall be erected, relocated or maintained so as to prevent free ingress or egress at any door, window, or fire escape.

No sign or other advertising structure as regulated by these guidelines shall be erected in the 30-foot clear sight triangle of any street or in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with or obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words “STOP,” “DANGER” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse traffic. Signs shall also conform to the sight distance of MTC § 18.60.340, Wall, fence or hedge.

A development identification sign may be permitted at the entrance/exit to a commercial development to identify the development name and logo only.

All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. Color of signs must be approved at the time of application for sign permit.

In Mesilla, signs shall not detract from the historic cultural attraction of the town; therefore, approval of color and design are left to the board of trustees or their designated representatives.

Exterior signs shall advertise a bona fide business conducted in or on said premises, and the advertising of products shall not exceed 25 percent of the area of such sign.

The plot where the sign is located is to be maintained by the owner thereof in a safe, clean, sanitary, inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds.

No off-premises signs will be permitted for commercial business.

It shall be unlawful to construct, erect and maintain a sign or other advertising structure in violation of the provisions and guidelines of this chapter.

The town may issue a notice directed to the owner of record of the property on which the unsafe or unlawful sign occurs, or to the occupant or tenant of the property, or both. The notice shall describe the violation and shall establish a reasonable time limit for abatement which shall not be less than two days nor more than 10 days after serving the notice. The notice may be served either personally or by registered mail at the owner’s or occupant’s last known address. The town shall be held harmless of all unsafe or unlawful signs. The person who owns the sign shall assume all liability or risk of damage to persons or property which may arise from an unsafe or unlawful sign and save the town of Mesilla, its officers and agents harmless from any and all liability which may arise or be incurred from the erection, construction, or operation of same.

In the event the owner or occupant of the property where the unsafe or unlawful sign exists has failed, within the prescribed time, to abate the nuisance, then the town shall file a complaint charging violation of this with the municipal court.

Upon the failure of the person to remove or correct the unsafe or unlawful sign, the town shall proceed to correct or remove the sign and shall prepare a statement of costs incurred. Any and all costs shall constitute a lien against property upon which the unsafe or unlawful sign existed, or against personal property of the owner of the unsafe or unlawful sign, which lien shall be filed, proven and collected as provided by law.

Alternatively, the town attorney may bring a civil action by verified complaint in the name of the town, by any public officer, in the municipal court against any person who shall create or maintain an unsafe or unlawful sign.

When judgment is against the defendant in an action to remove an unsafe or unlawful sign, he shall be adjudged to pay all court cost and a reasonable fee for the town attorney.

The board of trustees or their representatives, when a violation exists as set forth in this chapter, may request an action in the name of the municipality to perpetually enjoin all persons from maintaining or permitting the unsafe or unlawful use and to abate the same.