(A) Off-premises advertising signs are considered a distinct land use and shall be approved via the conditional use permit process or administratively as set forth herein.

(1) A conditional use permit is required for a digital off-premises sign and shall be valid for 10 years. A new application shall be required thereafter.

(2) Criteria to deny approval of a conditional use permit may include but are not limited to the following:

(a) The conditional use permit for the sign is in conflict with the safety and general welfare of the city.

(b) The conditional use is not in conformance with the comprehensive plan or other approved master plans.

(c) A change in community conditions directly related to off-premises advertising.

(B) Off-premises digital advertising signs are permitted on nonresidential, private property and public property, excluding all right-of-way areas, within the area identified herein as the Off-Premises Advertising Overlay Zone (OAOZ). The overlay zone is as follows:

(1) Within 75 feet of the east or west right-of-way lines of NM 528/Pat D’Arco Highway from the southern city limit to US HWY 550.

(2) Within 75 feet of the south right-of-way line of US HWY 550 between NM 528/Pat D’Arco Highway and the alignment for the Northwest Loop Road.

(3) Within 75 feet of the right-of-way lines of Paseo Del Volcan between Unser Boulevard to US HWY 550.

(4) Within 75 feet north or south of the right-of-way lines of Southern Boulevard between NM 528/Pat D’Arco Highway and Unser Boulevard.

(5) Within 75 feet east or west of the right-of-way lines of Unser Boulevard from the southern city limit to Progress Boulevard.

(C) Off-premises digital advertising signs permitted in this section shall be in accordance with the following criteria:

(1) Signs shall be in accordance with the following:

(a) A maximum of 11×22: 242 square feet.

(b) Twenty-four-foot maximum height.

(2) Both sides of a sign shall have copy. Embellishments and animation are prohibited.

(3) When within 100 feet of an elevated roadway, the height measured from the bottom of the sign may be a maximum of 10 feet above the elevated roadway.

(4) Electronic video display signs shall have an automated dimming feature (photocell) to adjust for lower light and night conditions.

(5) Signs shall be located in a nonvehicular area or within a landscape planter.

(6) A minimum separation of 10,560 feet is required between off-premises signs located on the same side of a street and a separation of 5,280 feet is required from another off-premises sign located on the opposite side of a street. A minimum separation of 300 feet (including rights-of-way) from single-family residential development shall be maintained. No off-premises advertising sign shall be located within 100 feet of an on-premises sign located on another parcel. The off-premises advertising company shall provide a survey stamped by a registered surveyor or engineer verifying the aforementioned distance separations.

(7) Off-premises advertising signs shall be maintained and shall be administratively reviewed on an annual basis to ensure sign maintenance.

(8) Failure to maintain signs shall result in a public hearing if applicable before the Planning and Zoning Board to determine the appropriateness of continuing the use.

(9) The support structure shall be skirted with a decorative base.

(Ord. 23-22)