This code regulates the installation, maintenance, and placement of signs to ensure the health, safety, and welfare of motorists and pedestrians along local streets and highways while promoting an aesthetically pleasing landscape in which businesses can advertise their goods and services. Signs constructed or erected along any state or federal highway must apply and receive a sign permit from the New Mexico Department of Transportation per state statute.

It shall be unlawful for any person(s) to erect or place any of the following signs:

1.

Signs located in a residential district advertising a home occupation.

2.

Signs which resemble official government signs or which could conflict in any way with the proper functioning or line-of-sight of any official traffic control device.

3.

Signs which obstruct access or pose a safety hazard to pedestrians or motorists.

4.

Signs incorporating any noisy mechanical device (whistles, horns, noise makers, sirens or any other noisy audible devices).

5.

Signs located within the sight triangle of any property.

6.

Signs attached or otherwise affixed in any way to utility poles, light poles, rocks, trees or other natural features that are located in, on, or over public right-of-way and/or any easements.

7.

Any flashing and/or continuous scrolling freestanding display signs.

8.

Signs within rights-of-way or easements, provided that signs placed within the right-of-way abutting private property are exempt from this subsection, if the sign is:

a.

Permitted by the owner of the private property; and

b.

And otherwise in conformity with the provisions of this section.

(Ord. No. 22-01, § 1, 2-10-2022)

All signs must comply with the City of Roswell Building Codes. The following signs are allowed in all zoning districts without a building permit and shall be placed in accordance with the requirements noted for each sign listed, if any. These signs must comply with all remaining sections of this article.

1.

Any sign placed by a governmental entity.

2.

Construction signs.

3.

Directional/information signs.

4.

Temporary signs relating to particular occurrences or events, including, without limitation, holidays, special events, real estate sales, garage sales, and elections, provided that such signs are removed no later than five days after the occurrence or event.

5.

Any sign located within the confines of an enclosed building.

6.

Nameplates.

7.

Window signs.

8.

Any hand-held sign, symbol, or display on any person. (Not to exceed six square feet DSA.)

(Ord. No. 22-01, § 1, 2-10-2022)

Signs constructed or erected along any state or federal highway must apply and receive a sign permit from the New Mexico Department of Transportation (NMDOT) per state statute. This also includes adhering to all applicable regulations set forth by NMDOT.

A.

A new sign, relocation of an existing sign, altering the height of a sign or varying the DSA of a sign, excepting those signs indicated above in section 3, shall require a building permit with fees as determined by the city building inspection department.

B.

All electrical work shall be approved by the city electrical inspector and performed and/or overseen in the field by a state licensed electrical contractor.

C.

Companies that install, erect, alter, relocate, dismantle or repair signs shall possess a current state contractor's license and a city business license.

D.

Signs shall be constructed, installed, erected, maintained, and/or repaired in accordance with the current city adopted International Building Code Standards. City staff will determine if the application is complete and will notify the applicant within five business days of their decision.

E.

It shall be unlawful to change, modify, or otherwise deviate from the terms and conditions set forth in the original building permit application without written approval by the building inspector and the planning and zoning department.

F.

It shall be unlawful to alter or modify an on-premise sign into a billboard sign and/or alter or modify a billboard sign into an on-premise sign without complying with this article.

G.

A request for a variance shall comply with article 3 of this appendix.

H.

A foundation, structural, and final inspection by the building inspector is required before any sign requiring a building permit shall be issued a certificate of occupancy (C-of-O) from the building inspector. Requests for inspections shall be the responsibility of the contractor or sign owner.

A.

Any sign deemed hazardous to the public by the building inspector may be removed by the city with reasonable notice to the owner. All costs incurred for de-construction/removal of the sign shall be the responsibility of the owner. Signs shall not list or lean more than 15 degrees from their originally intended position.

B.

Signs shall not have any exposed electrical components. If a sign face is damaged or removed, the electricity to the sign shall be turned "off" until the sign is repaired or replaced.

C.

Signs shall be regularly maintained and kept in good and safe structural condition by the owner.

1.

One subdivision identification sign per entrance.

2.

One apartment complex identification sign per entrance.

1.

Three wall signs (per International Building Code Standards).

2.

One monument sign built to the following criteria.

A.

Not to exceed 35 square feet in total area and five feet in height above the average grade of the nearest public right-of-way. (See Figure 60.7.1)

B.

Monument signs shall be built on a monument base.

C.

Monument signs shall use permanent materials matching the primary building material in color and finish.

D.

Signs may be single or double-faced.

E.

The thickness of the sign shall not exceed 30 inches.

F.

Detached monument signs may be internally or externally illuminated.

G.

May not be constructed of wood or be a painted.

H.

An electronic message board sign shall not be allowed as part of the sign.

Figure 60.7.1

1.

Off-premise outdoor advertising or "Billboard" signs. (C-2, C-4, I-1 and I-2 districts only)

2.

On-premise free standing or monument sign.

3.

One apartment complex identification sign per entrance.

4.

Directional and/or information signs.

5.

Canopy and/or awning signs.

6.

Wall signs.

7.

Projecting signs.

8.

Marquee signs.

9.

Digital or LED signs.

10.

On-premise roof signs.

Setbacks shall be measured from the nearest point of the sign to the property line. Location of all necessary property lines shall be shown to scale on the required site plan.

A.

All free-standing signs shall be a minimum of five feet from all property lines.

B.

Monument and pole covered signs shall be a minimum of ten feet from all property lines.

No sign shall be erected or maintained at any location where by reason of its position, working, illumination, shape, symbol, color, form, or character, may obstruct, impair, obscure, interfere with the view of or may be confused with any authorized traffic sign, signal or device, or interfere with, mislead, confuse or disrupt traffic flow or traffic safety.

A.

On-premise signs:

1.

Only one free-standing or monument sign is allowed per lot, except where the street frontage of the lot exceeds 500 linear feet. For those lots, a second free-standing sign shall be permitted, provided there is a minimum distance of 200 feet between the signs. Multiple businesses shall be encouraged to display one monument multi-face sign.

2.

Free standing signs shall not exceed 35 feet in height from natural grade to the highest point of the sign and have a minimum clearance of ten feet above ground from the bottom of the sign to ensure clearance and unobstructed visibility to motorists.

3.

On-premise signs shall comply with requirements for both digital, LED, neon, and/or motion display signs, as well as billboard signs.

B.

Off-premise outdoor advertising or billboard signs:

1.

Non-digital billboard signs shall be separated a minimum of 1,000 feet from each other or a digital billboard sign, along the same side of the same street, measured center-to-center between signs.

2.

Digital billboard signs shall be separated a minimum of 2,400 feet from each other.

3.

Signs shall be at least 200 feet from the nearest boundary of a residential district. If the width or the depth of the property is less than 200 feet, the sign may be placed no closer to the residential district than ½ of the total dimension of the property in a direction perpendicular to the property line(s) which abut the residentially zoned district.

4.

The maximum DSA for any billboard sign shall not exceed 672 square feet with a maximum length of 60 feet and a maximum width of 25 feet. The sign shall be a maximum height of 45 feet from the highest point of the sign to the ground and have a minimum clearance of 15 feet from the bottom of the sign to the ground to insure unobstructed view for motorists.

5.

Each side of a double-faced sign can meet the DSA requirements as permitted in section 10.B.4 above, with both sides being of equal size and facing in opposite directions, where the interior angle between the two display surfaces forms a 'V' and that angle does not exceed 30 degrees.

6.

Billboard signs shall not overhang any structure, building, or right-of-way.

7.

Cutouts or extensions are not permitted outside of or in excess of the DSA permitted.

8.

Digital billboards shall comply with requirements for both digital, LED, neon, and/or motion display signs as well as billboard signs.

C.

Digital, LED, neon, and/or motion display signs:

1.

Signs shall be at least 200 feet from the nearest boundary of a residentially zoned district. If the width or the depth of the property is less than 200 feet, the sign may be placed no closer to the residential district than one-half of the total dimension of the property in a direction perpendicular to the property line(s) which abut the residentially zoned district.

2.

No sign shall display an illuminative brightness exceeding 1,000 NIT's during the night beginning one-half hour before sunset and 10,000 NIT's during daylight beginning one-half hour after sunrise as published by the U.S. Naval Observatory.

3.

No sign shall resemble or simulate any official traffic control device, sign, signal, or light.

4.

Signs shall be equipped to freeze the sign to static mode if a malfunction occurs to prevent flashing.

5.

Signs shall be equipped to automatically adjust the display intensity according to the natural ambient light conditions.

6.

Digital signs displaying multiple static messages shall have a minimum dwell time of five seconds and a maximum frame effect time of two seconds between static messages.

7.

With consent from the sign owner, the city may request emergency information to be displayed on a digital billboard signs such as: Amber Alerts and/or any other information deemed an emergency by any governmental entity.

1.

Any person who shall violate any section of this chapter shall be guilty of an offense and shall, upon conviction, be punished by a fine of not less than $50.00 and not more than $300.00 for each violation. Each day in which any violation shall occur shall constitute a separate offense.

2.

The code enforcement department shall have the authority to remove any sign in violation of this article that is located in or on public property, or in any right-of-way or public easement. Upon removal, the code enforcement department shall make reasonable efforts to determine and locate the owner of the sign, in order to provide notice of such removal. In any event, the code enforcement department shall retain the sign for a period of five business days, after which the department may dispose of sign in any appropriate manner, if not earlier reclaimed by the owner. Return of the sign shall be subject to payment by the owner of an administrative fee, to be determined based upon the cost of removal and storage.

(Ord. No. 22-01, § 1, 2-10-2022)