The purpose of these sign regulations are: to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the aesthetic environment and the city’s ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. Sections 156.130 et seq. is adopted under the zoning authority of the City of Raton in furtherance of the more general purposes set forth in this chapter.

(Ord. 900, passed 2-22-2000)

   (A)   A sign may be erected, placed established, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of §§ 156.130 et seq.

   (B)   The effect of §§ 156.130 et seq. as more specifically set forth herein is:

      (1)   To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of §§ 156.130 et seq.;

      (2)   To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of §§ 156.130 et seq., but without a requirement for permits;

      (3)   To prohibit all signs not expressly permitted by §§ 156.130 et seq. and to provide for the enforcement of the provisions of §§ 156.130 et seq.

(Ord. 900, passed 2-22-2000)

   (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.

      NONCONFORMING SIGN. Any sign that does not conform to the requirements of §§ 156.130 et seq.

      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)

   (A)   Sign limits. Individual sign size and total sign area limits addresses aesthetic and safety reasons as the limits on the number of signs addresses the issues of clutter prevention.

   (B)   Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only 1 face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together, with any material or color forming an integral part of the background of this display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when the fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

   (C)   Computation of area of multi-faced signs. The sign area for a sign with more than 1 face shall be computed by adding together the area of all sign faces visible from any one point. When 2 identical sign faces are placed back to back, so that both faces can not be viewed from any point at the same time, and when the sign faces are part of the same sign structure and are not more that 48 inches apart, the sign area shall be computed by the measurement of 1 of the faces.

   (D)   Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower. If the sign is located on a building structure, this structure shall be considered the base of the sign and shall be included in overall height computation. Maximum height shall be 35 feet unless a variance is approved by the Board of Adjustment.

   (E)   Number. Number of sign strictures per business allowed on property are 3 unless designated elsewhere in these sections or calculated by wall area.

(Ord. 900, passed 2-22-2000)

   All signs shall be designed, constructed, and maintained in accordance with the following standards.

   (A)   All signs shall comply with applicable provisions of the Uniform Building Code and the National Electrical Code of the city at all times.

   (B)   Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of §§ 156.130 et seq., all signs and sign support structures, braces, guys, and anchors shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure and shall be kept in repair and in proper state of preservation. The display surfaces of signs shall be kept neatly painted or posted at all times.

   (C)   All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this code, at all times.

(Ord. 900, passed 2-22-2000) Penalty, see § 10.99

   No signs shall be allowed in the public right-of-way, except as provided herein.

   (A)   Permanent signs. Permanent signs, including: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; bus stop signs erected by a public transit company; informational signs of a public utility regarding its poles, lines, pipes, or facilities.

   (B)   Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

   (C)   Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing the sign in the public right-of-way the full costs of removal and disposal of the sign.

(Ord. 900, passed 2-22-2000) Penalty, see § 10.99

   The following signs shall be exempt from regulation under §§ 156.130 et seq. and do not require a permit:

   (A)   Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

   (B)   Any sign inside a building, including attached to a window or a door from the inside of the building;

   (C)   Holiday lights and decorations with no commercial message;

   (D)   Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort;

   (E)   Changing of the advertising copy or message painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this section; and

   (F)   Painting, repainting, or cleaning of an advertising structure or changing the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.

(Ord. 900, passed 2-22-2000)

   (A)   Permit for new sign or for sign modification.

      (1)   If a sign requiring a permit under the provision of §§ 156.130 et seq. is to be placed, constructed, erected, or modified on a lot, the owner or agent of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of the sign in accordance with the following requirements. An application shall be accompanied by detailed drawings to show the dimensions, design, structure, height, and location of each particular sign. One application and permit may include multiple signs on the same lot. Double faced signs are permitted and considered a single sign structure.

      (2)   Requirements for a New Mexico Engineers Stamp and signed drawing for a new sign shall be based on:

         (a)   Relative hazard potential of sign location to passerby;

         (b)   Height of sign;

         (c)   Size or area of sign;

         (d)   Age of structure that sign may be attached to; and

         (e)   Type of material sign will be attached to.

      (3)   Electrical permits shall be obtained from the State of New Mexico for electric signs. No signs shall be erected in the public right-of-way except as provided herein. No sign permit of any kind shall be issued for an existing or proposed sign unless the sign is consistent with the requirements of this chapter (excluding those signs covered and maintained under the Grandfather clause).

   (B)   Application for permit.

      (1)   Application for a sign permit shall be made in writing on forms furnished by the City Manager or duly designated officer. The application shall contain:

         (a)   Name and address of the owner and the sign contractor or erector and their licence number and city business registration number;

         (b)   Name and address and licence number of the electrician if sign has electrical parts;

         (c)   The location, by street and number, of the proposed sign structures including all existing sign structures;

         (d)   Site plan showing exact location of structure(s) to be placed on property;

         (e)   The total overall height of the sign(s) as described in § 156.133;

         (f)   The total overall square footage of each sign as described in § 156.133; and

         (g)   Declaration of cash value of sign structures.

      (2)   The building official may require the filing of plans or other pertinent information when the information is necessary to ensure compliance with §§ 156.130 et seq.

   (C)   Fees. Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the governing body of the city from time to time by resolution. The fee for sign permits and plans for the period beginning at the time of the adoption of §§ 156.130 et seq. are as follows: $15 per sign. Signs exempt from fees: all signs not requiring a city permit.

   (D)   Completeness.

      (1)   Within 6 days of receiving an application for a sign permit, the Director shall review it for completeness.

      (2)   If the Director finds that it is complete and in compliance with the code, the application shall then be processed.

      (3)   If the Director finds that it is not complete, the Director shall, within the 6-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this chapter.

   (E)   Action. Within 6 days of the submission of a complete application for a sign permit, the Director shall either:

      (1)   Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this chapter; or

      (2)   Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of §§ 156.130 et seq. In case of a rejection, the Director shall specify in the rejection the section(s)of §§ 156.130 et seq. or applicable plan with which the signs(s) is inconsistent.

   (F)   Time allowance. If the work described in any sign permit has not begun within 2 years from the date of issuance thereof, the permit shall expire, it shall be canceled by the City Manager or his or her designee, and written notice thereof shall be given to the person or persons affected.

(Ord. 900, passed 2-22-2000)

   Any of the following shall be a violation of §§ 156.130 et seq. and shall be subject to the enforcement remedies and penalties provided by §§ 156.130 et seq., by this chapter, and by state law:

   (A)   To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing the sign or the lot on which the sign is located;

   (B)   To install, create, erect, or maintain any sign requiring a permit without a sign permit;

   (C)   To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing the sign or the lot on which sign is located; and/or

   (D)   To continue any violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of §§ 156.130 et seq.

(Ord. 900, passed 2-22-2000)

   (A)   Any violation or attempted violation of §§ 156.130 et seq. 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. A violation of §§ 156.130 et seq. shall be considered a violation of this chapter.

   (B)   The remedies of the city shall include the following:

      (1)   Issuing a stop-work order for any and all work on any signs on the same zone lot;

      (2)   Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

      (3)   Imposing any penalties that can be imposed directly by the city under this chapter;

      (4)   Imposing any penalties that can be imposed directly by the city under this chapter;

      (5)   Seeking in court the imposition of any penalties that can be imposed by the court under this chapter; and

      (6)   In the case of a sign that poses an immediate danger to the public health or safety, taking the measures as are available to the city under the applicable provisions of the zoning ordinance and building code for the circumstances.

   (C)   The city shall have the other remedies as are and as may from time to time be provided for or allowed by state law for the violation of this chapter.

   (D)   All the remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, the remedy shall remain available for other violations or other parts of the same violation.

   (E)   If the owner of a sign site is found guilty of violating the provisions of the maintenance standards by the Municipal Judge and the violations remain outstanding after 60 days, the sign site shall be considered nonformally abandoned and shall be removed by the city’s forces and costs assessed to the site owner.

(Ord. 900, passed 2-22-2000)

   (A)   Refer to §§ 156.210 et seq. for procedural requirements.

   (B)   Variance procedures may be considered for sign height increases greater than 35 feet if site conditions dictate necessity, such as, natural topography and neighboring conflicting sign and building structures. The variance shall be limited to only the additional height necessary for sign visibility by the businesses potential patrons. The variance request shall be justified by engineering methods and not merely the need to be most prominent by placing the largest or highest sign.

(Ord. 900, passed 2-22-2000)