This chapter shall be entitled "The Sunland Park Sign Code" hereinafter referred to as "this chapter." (Ord. 2006-10, 10-17-2006)

   A.   Purpose: The purpose of this chapter is to permit signs that will preserve the natural beauty and environment of the city, to safeguard, stabilize and enhance property values, to insure a consistent and appropriate visual environment and to protect the public health, safety, and general welfare. It is the purpose of this chapter to have signs in the city that will not—by their size, location, or construction—endanger the public health and safety of individuals, or confuse, mislead, or obstruct the vision necessary for traffic safety. Furthermore, it is the purpose of this chapter to maintain property values and to create a more aesthetically pleasing community, through the preservation of the natural beauty and environment of the city, by preventing the over-concentration, improper placement, and density of signs while keeping in mind the importance of signage to the business community.

   B.   Applicability:

      1.   The provisions of this chapter shall apply to all "signs" as the term is defined in this chapter.

      2.   Hereinafter, all construction, relocation, enlargement, alteration, and modification of signs within the city shall conform to the requirements of this chapter, all state and federal regulations concerning signs and advertising, and applicable building and construction codes.

      3.   If a permit for a sign has been issued in accordance with law prior to the effective date of this chapter and provided that construction is begun within six (6) months of the effective date of this chapter and diligently prosecuted to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions herein for nonconforming signs.

   C.   Administration: The competent authority shall have the power to administer and enforce the provisions of this chapter. The competent authority may use discretion to delegate and assign such administrative, enforcement, and inspection duties hereunder to the appropriate department, person or agency.

   D.   Severability: If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 2006-10, 10-17-2006)

ABANDONED SIGN: An on- or off-premises sign which no longer directs, promotes, or advertises a bona fide business, lessee, owner, product, or activity conducted, or product or service available on- or off- the premises where such sign(s) is displayed.

ADVERTISING: The action of calling something to the attention of the public by verbal or visual presentation.

ANIMATED SIGN: Any sign which oscillates, rotates, flashes, varies in intensity or in color, or automatically changes advertising, or is animated or equipped with a glaring or rotating strobe light, or with spot lights.

ATTACHED SIGN: Any sign which is fastened to, connected to, or painted on, and wholly or partially supported by a building.

AWNING: A hood or cover which projects from the wall of a building and is composed of rigid or non-rigid materials.

AWNING SIGN: A sign which is fastened to or painted on an awning.

BANNER: A sign composed of lightweight, flexible material on which letters, symbols or pictures are painted or printed.

BENCH SIGN: Any sign affixed to or printed on a functional bench.

BILLBOARD: An off-premises sign directing attention to a business, activity, commodity, service, entertainment, or communication, none of which may be conducted, sold or offered on the premises where the billboard is located.

BUILDING FRONTAGE: The total length of a building on which a sign is allowed at its front facade.

BUS SHELTER: A place to wait for buses that has a roof to provide protection from the weather or danger.

BUSINESS/SERVICE CENTER:    A group of two (2) or more businesses planned, constructed, owned and managed independently or as a total entity, which share access, parking, or landscaping.

CABINET SIGN: Also known as "can sign", any sign that is manufactured so as to be three (3) dimensional usually made of metal with plexiglass front and internally illuminated.

CANOPY (OR MARQUEE): A permanent roof-like shelter extending from part or all of a building or independent of a building.

CANOPY SIGN: A sign attached to or painted on a canopy.

CHANGEABLE COPY SIGN:       Any sign that is constructed in such a manner as to allow the business owner to change the copy at will.

CITY: The city of Sunland Park, New Mexico.

CLEAR-SIGHT TRIANGLE: A triangular area of unobstructed vision at street intersections and at curb cut entrances and exits.

CODES: Any other applicable city, state, or federal codes.

COMPETENT AUTHORITY:          A city official appointed by the city council or its designated representative to enforce the terms of this chapter.

CONSTRUCTION/      Any temporary sign erected on the premises

RENOVATION SIGN: where construction/renovation is taking place and indicating the names of the architects, engineers, landscape architects, financial institutions, contractors or similar artisans, and the owners, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

COPY: The verbal, visual or pictorial portion of any sign.

CORPORATE: Pertaining to any organization incorporated pursuant to a law.

DEVELOPMENT         A permanent sign installed or constructed at

IDENTIFICATION SIGN: the entrance/exit to a residential or commercial development to identify the development name and logo only.

DIRECTIONAL SIGN: Any sign erected for the convenience of the public, such as the directing traffic movement, parking or identifying restrooms, public telephones, walkways and/or other similar features or facilities, and bearing no advertising message (excluding those erected by the United States Department of Transportation and the New Mexico State Highway and Department of Transportation).

DRIVE-THROUGH FACILITY:    An establishment that by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

FREESTANDING SIGN: Any sign attached to, or supported from the ground, and not attached to a building.

GARAGE/YARD SALE SIGN: See definition of PRIVATE SALE or EVENT SIGN.

GATE ENTRANCE SIGN: Any sign installed or constructed over the street entrance to the premises in specific zoning districts as described herein.

GOVERNMENT SIGN: Any sign erected by any city, county, state or federal agency or its designee, setting forth information pursuant to law.

HOME OCCUPATION: An incidental accessory use of a dwelling unit for gainful employment of the residents therein, which use does not change the essential residential character or appearance of the dwelling unit.

HOUSE OR BUILDING   A sign limited to identifying the street name,

SIGN OR NAMEPLATE: building or property number, and/or the name of the owner or occupant of the building or property.

ILLUMINATED SIGN: Any sign which is lighted internally, externally or by lights directed towards the sign by any light source.

INDUSTRIAL CENTER: Industrial building or structure that has the capacity of leasing, renting or owning two (2) or more than one (1) tenant.

INFORMATION SIGN: Any sign whose purpose is to indicate a business, hours of operation or similar identification information.

LEGAL NOTICES: Any sign required by law or pursuant to a court order.

MAINTENANCE: The total upkeep of a sign; structurally and electrically, in terms of safety, and cosmetically, in terms of visual attractiveness.

MAJOR TENANT: Any occupant of a multi-tenant commercial or industrial center that occupies a space greater than five thousand (5,000) square feet.

MASTER SIGN PROGRAM:    A program in which a multi-tenant commercial or industrial center, wishing to place a variety of signs to be located in the center is required to engage by providing a master plan depicting an illustrative model design of the proposed sign to be installed.

MARQUEE (OR CANOPY): See definition of CANOPY.

MARQUEE SIGN: A sign attached to, mounted on or painted on a marquee.

MASS TRANSIT SHELTER:   A place to wait for buses that has a roof to provide protection from the weather or danger.

MINOR TENANT: Any occupant of a multi-tenant commercial or industrial center that occupies a space less than five thousand (5,000) square feet.

MODEL COMPLEX SIGN: Any sign located on a complex site, limited in time until the complex ceases to be a model complex.

MONUMENT SIGN: Any sign which is attached to either the ground or to a footing set flush with the ground.

MULTI-TENANT: Any commercial or industrial building or structure that has the capacity of leasing or renting two (2) or more than one (1) tenant.

MURAL: A picture or graphic illustration applied directly to a wall of a building or structure which does not advertise or promote a particular business, service or product.

NATIONAL, STATE AND CORPORATE FLAGS:    Any rectangular display constructed of lightweight material used to identify a nation, state or corporation.

NONCONFORMING SIGN: Any sign legally erected and permitted in compliance with codes at the time it was erected and permitted, but which does not conform to current codes or this chapter.

OFF-PREMISES SIGN: Sign which advertises or directs attention to a business, product, service or activity which is not available on the premises where the sign is located.

ON-PREMISES SIGN: Sign which advertises or directs attention to a business, product, service or activity which is available on the premises where the sign is located.

OPEN HOUSE: The common real estate practice of showing "for sale" homes to the public during established hours.

PENNANT: A display made of a lightweight material which tapers to a point, having no logo or advertising message printed on it.

PERSON: An individual, company, corporation, partnership, association or any other entity.

POINT-OF-SALE SIGN: Any sign which is located or attached directly to the product to be sold.

POLE SIGN: Any sign whose primary means of support is one (1) or more poles set into a concrete footing, located at or below ground level.

POLITICAL SIGN: A sign pertaining to any national, state or local election.

PORTABLE SIGN: A freestanding sign not permanently affixed, anchored or secured to the ground or the building, which may be rolled or moved about.

PRIVATE SALE OR EVENT SIGN: A temporary sign advertising private sales of personal property at garage, yard or estate sales and the like, private fundraising events, such as nonprofit carwash, or food/ clothing drive, etc.

PROHIBITED SIGN: Any sign not expressly permitted within this chapter, or any sign which is specifically prohibited in this chapter.

PROMOTIONAL DISPLAY (COMMERCIAL):    Special advertising for grand openings, anniversaries, special or seasonal events, and which is for a limited time, in addition to the legal signage permitted.

PROMOTIONAL DISPLAY (RESIDENTIAL):   Special advertising using pennants, flags, streamers, banners, open house signs and other similar signs, the duration of an open house or similar showing.

PYLON SIGN: Any sign which is supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structures. A pylon sign architecturally complements and is compatible with the design of the building/center for which the sign is publicizing.

REAL ESTATE DIRECTIONAL SIGN:    A sign which advertises or directs attention to real property or properties not available on the premises where the sign is located.

REAL ESTATE SIGN: A sign intended to advertise the financing, development, sale, transfer, lease, exchange or rent of real property or properties.

ROOF SIGN: Any sign which is attached to the roof of a building or structure.

SETBACKS: The required distance between every building or structure and any lot line on the lot on which it is located. Setbacks shall consist of an open space, unoccupied and unobstructed by any part of a building or structure, except as may be authorized by this title. Also, for purposes of this chapter, the distances required from the property line or from other buildings and/or structures or businesses and/or structures to each other.

SHOPPING CENTER: A group of at least three (3) commercial establishments within a building or buildings with a gross floor area of eight thousand (8,000) square feet or more 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.

SIGN: Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, attachment or placing of a structure or object on any land, or on any other structure, or produced by painting on, posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

SIGN AREA: The entire advertising area of the sign containing text, decorative artwork, logos or other displayed information, including the space within and between such text and information.

SPECIAL USE SIGN: Any sign intended for use by establishments requiring a special use permit pursuant to this title.

STREAMERS: A display made of light, flexible material, consisting of long, narrow, wavy strips having no logo or advertising message printed or painted on them.

STRUCTURAL REQUIREMENTS:   The safety standards which apply to those signs which are governed by the requirements in the applicable building code and other companion documents.

TEMPERATURE/TIME/DATE SIGN:   Any sign with the purpose of displaying the temperature, time, date and/or logo/name.

TEMPORARY SIGN: Any sign intended for a limited period of display.

TOTAL STREET FRONTAGE:    The total length of a property fronting on any side of a public street. Each portion of the premises abutting a separate street shall be considered as a separate street frontage.

TRADEMARK/LABEL/NAME:    Identification applied or attached to each permitted sign to designate the manufacturer and installer.

UNLAWFUL SIGN: Any sign ever erected which does not have a valid permit, or after erection, did not comply with all the applicable provisions of the permit under which it was constructed and erected, or did not comply with all provisions of codes, or which did not meet the necessary requirements to be considered nonconforming.

UNSAFE SIGN: Any sign identified by the competent authority or his/her designee as being improperly constructed and installed, erected or secured, thereby subject to falling and creating a safety hazard, with supported findings.

VARIANCE: An authorization granted to the applicant to depart from the numerical requirements of the zoning regulations (as applied here, the sign regulations).

VEHICLE: Any truck, trailer, pushcart, cart, wagon, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, towed by a motor vehicle or carried upon or in a motor vehicle or trailer. This definition includes those vehicles known as "catering trucks". Includes any motor vehicle such as automobile, automobile truck, automobile wagon, motorcycle, recreational vehicle, trailer or other self-propelled vehicle or movable device designed for running on land but not on rails.

VEHICLE SIGN: A sign painted on or attached to either a vehicle, or a trailer designed to be pulled behind a motorized vehicle, which relates to a business, activity, use, service or product for a legally authorized business.

WALL SIGN: Any sign parallel and attached to a wall, painted or affixed to a separate surface which is then mounted securely to the building, painted or produced directly on the building, or composed of separate letters, numbers, logos or symbols attached to the surface of the building, or erected and confined within the limits of an exterior wall of a building or structure, which supported by such wall, and displays one (1) sign surface.

WINDOW SIGN: Any sign that is applied or attached to the exterior or interior of a window or a window frame. (Ord. 2006-10, 10-17-2006)

   A.   Permit Required. It is unlawful for any person to erect, alter, or to permit the erection or alteration of a sign, including painted signs, unless otherwise exempted by this chapter, upon any property without first obtaining a written sign permit from the city. Application for such permit shall be made on a form provided by the city and shall be accompanied by a fee as established by this chapter. In residential zones, signs less than two (2) square feet shall not require a permit and must meet the requirements set forth in this chapter. Any signs in commercial or industrial zones greater than four (4) square feet requires a sign permit. Signs four (4) square feet or less do not require a sign permit but must meet the requirements set forth in this chapter.

   B.   Sign Permit Application:

      1.   The application shall set forth and contain the following information and material:

         a.   Name, address, telephone number, and license number of contractor who will install or erect the sign;

         b.   Name, address, and telephone number of the person who will erect, alter, construct, or relocate the sign (if different from the applicant);

         c.   Name, address, and telephone number of the person or firm for whom the sign is being made or installed (if different from the applicant) along with business registration number;

         d.   Zoning of property upon which the sign is to be located;

         e.   The location and size of any building or structures on the property, in the control of the applicant, both existing and proposed;

         f.   The location of off-street parking facilities, including major points of entry and exit for motor vehicles where directional signs may be proposed;

         g.   The position of the proposed sign and its relation to adjacent buildings and structures under the control of the applicant;

         h.   The design and size, colors proposed, and proposed location of the sign or sign structure on the property, under the control of the applicant;

         i.   The method of attachment to any structure;

         j.   A statement showing sizes and dimensions of all other signs existing on the property, under the control of the applicant;

         k.   A statement showing the size and color relationships of such sign or sign structure to the appearance and design of existing or proposed buildings and structures on the property; and

         l.   Any other information as the community development director may reasonably require to assure compliance with this chapter and the ordinances of the city.

      2.   New businesses will be required to present a design and construction drawing of the signs that they will propose at the location where the business will be located at the same time as a request for a business license or registration is completed.

   C.   Issuance Of A Sign Permit: The building inspector, or the competent authority, shall, within thirty (30) days of the filing of the completed application, grant such permit if and only if:

      1.   The application contains all necessary information;

      2.   The appropriate sign permit fee has been paid;

      3.   The person erecting, altering, constructing, or relocating the signs holds a valid and current sign license;

      4.   If the sign requires electrical service, proof that the electrical work will be done by a certified electrician and a proper inspection by the competent authority is completed;

      5.   The sign complies with this chapter, all other city ordinances, and all applicable state and federal law.

   D.   Sign Review Criteria:

      1.   All signs which are regulated by this chapter shall be subject to the approval of the community development director. In approving or rejecting a particular sign permit, the competent authority shall utilize the following review criteria:

         a.   That the sign is consistent with the intent and purpose of this chapter and zoning title;

         b.   That the sign does not constitute a detriment to public health, safety, and welfare;

         c.   That the size, shape, color, and placement of the sign is compatible with and bears a harmonious relationship to the building it identifies;

         d.   That the size, shape, color, and placement of the sign is compatible with and bears a harmonious relationship to the neighborhood and other signs in the area;

         e.   That both the location of the proposed sign and the design of its visual elements (lettering, words, figures, colors, decorative motifs, spacing, and proportions) are legible under normal viewing conditions prevailing where the sign is to be installed;

         f.   That the location and design of the proposed sign does not obscure from view or unduly detract from existing or adjacent signs;

         g.   That the location and design of the proposed sign, its size, shape, illumination, and color are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties;

         h.   That the location and design of a proposed sign in close proximity to any residential district does not adversely affect the value or character of the adjacent residential district;

         i.   That the sign does not display any obscene matter as defined in this code or New Mexico Penal Code;

      2.   The competent authority may grant a permit with the condition that the work be stopped at specified time(s) to permit inspections.

   E.   Appeal Process For Permits Denied: If the competent authority denies such permit, he/she shall state the reason(s) for denial to the applicant. If the competent authority fails to take any action on a completed application (as provided in subsection C. above) within thirty (30) days, the application is deemed denied. Permits that are denied may be appealed in writing to the planning and zoning commission through an appeal process. All appeals shall be filed with the competent authority within thirty (30) days from the date of the denial. If the planning and zoning commission affirms the denial of the permit, the applicant may file a second appeal to the city council. The second appeal shall be filed with the city clerk within thirty (30) days from the date on the denial.

   F.   Sign Permit Fee:

      1.   Permanent Signs. The fee for a sign permit shall be a total of thirty dollars ($30.00) for the review and issuance of the sign permit plus ten percent (10%) of the total valuation of construction and erection of the sign. Payment is due at the time of the filing of a permit application. If a permit is denied, only the percent valuation cost is refundable provided the applicant makes a written request for a refund.

      2.   Temporary Signs. The fee for a sign permit for a temporary sign shall be the thirty dollars ($30.00) sign permit issuance fee. Temporary signs are allowed for no more than one (1) year. After one (1) year, a renewal application and corresponding fee shall be paid. No more than three (3) renewals shall be permitted. (Ord. 2006-10, 10-17-2006)

Where a literal application of this chapter, due to special circumstances, would result in an unusual hardship in an individual case, a variance may be granted by the planning and zoning commission in accordance with the procedure for obtaining a special use permit set out in sections 10-10-2 and 10-10-4 of this code, including consideration of the following but not limited to:

   A.   Exceptional conditions pertaining to the property where the sign is to be located as a result of its size, shape, or topography, which are not applicable to other lands or structures in the area.

   B.   The applicant would be deprived of rights that are commonly enjoyed by others similarly situated.

   C.   Granting the variance would not confer on the applicant any significant privileges which are denied to others similarly situated.

   D.   The exceptional circumstances are not the result of action by the applicant.

   E.   The requested variance is the minimum variance necessary to allow the applicant to enjoy the rights commonly enjoyed by others similarly situated.

   F.   Granting of the variance would not violate more than one (1) standard of this chapter.

   G.   Granting the variance would not result in allowing a sign that interferes with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic. (Ord. 2006-10, 10-17-2006)

All signs which are regulated by this chapter and require a special use permit shall follow the procedure set forth in sections 10-10-2 and 10-10-4 of this code. The following shall require a special use permit:

   A.   Flashing, neon, or animated signs within a commercial district for entertainment related business;

   B.   Signs on rock or natural features which are professionally installed and manufactured.

   C.   All multi-tenant commercial or industrial centers consistent with section 10-14-9. (Ord. 2006-10, 10-17-2006)

The following signs shall not be permitted:

   A.   Any sign not expressly permitted within this chapter, or any sign which is specifically prohibited in this chapter.

   B.   Billboards (on- and off-premise).

   C.   Roof signs.

   D.   Portable signs.

   E.   Signs in public rights-of-way.

   F.   A sign placed or painted on any motor vehicle, recreational vehicle, trailer or other movable device that reasonably indicates the use of such vehicle, trailer or device as a sign is prohibited. This includes the parking of such vehicle, trailer or device in such a manner as to constitute a sign. This does not include vehicles, used in the course of normal business activities parked at the legally registered business with appropriately installed, business information signs affixed in a professional manner. Vehicles with signs may not be parked for considerable lengths of time at a location different from the place of business unless the vehicle with the sign is providing a service related to the business at that different location.

   G.   A flashing, rotating or animated sign, or a sign with intermittent or varying intensity of illumination, whether deliberate or resulting from a defect in the sign or light source in residential, agricultural and industrial districts.

   H.   Any sign constructed to resemble any official marker or sign normally erected by a city, state or federal government agency or a sign using words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic.

   I.   A sign advertising activities that are illegal according to federal or state laws, rules or regulations and county or city ordinances or resolutions.

   J.   Any sign erected on, attached to or painted on retaining walls, fences, rocks or natural features which are not professionally manufactured.

   K.   Any sign illegally placed, constructed or maintained. (Ord. 2006-10, 10-17-2006)

   A.   Calculation Of Sign Area:

      1.   The sign area of any sign, including building-mounted or freestanding signs shall be considered to be the entire advertising area of the sign containing text, decorative artwork, logos or other displayed information, including the space within and between such text and information.

      2.   The sign area of a freestanding sign is measured by determining the sign area of all sides that are visible from any one (1) vantage point, except only one (1) side of a sign shall be measured if the two (2) sides are back to back or separated by an angle of forty-five degrees (45°) or less. If the two (2) sides are not of equal size, the larger side shall be measured.

      3.   The sign area of building-mounted signs shall not include structural elements used to attach or support the sign that do not contribute to the display.

      4.   The sign area of freestanding signs shall not include the supporting base or poles.

   B.   Structural Requirements:

      1.   All signs shall conform to the structural design requirements set forth in the Uniform Standard Building Code or the International Building Code and companion documents.

      2.   Sign permit applications for freestanding signs shall have a maximum height of ten feet (10') - height shall be measured from ground level to edge of sign. All applications shall be accompanied by an engineer's design drawing showing the appropriate calculations. Said drawing shall be stamped by an engineer certified in the state.

   C.   Sign Placement Provisions:

      1.   No sign shall be permitted to violate the "clear-sight triangle" as defined in this chapter.

      2.   Signs may not be located in a manner that obscures or interferes with the effectiveness of any official sign, signal or device. A sign shall not be placed at any location where it obscures or interferes with the clear view of any traveler on any street.

      3.   No sign shall be constructed within any public right-of-way or sidewalk nor shall any portion of any sign extend onto or over a public right-of-way or sidewalk.

      4.   No banner shall be erected across any street or sidewalk in the city unless express (written) consent has been granted by the city council.

      5.   Any sign extending over an area intended for pedestrian use shall not be less than seven feet four inches (7'4") above the finished grade below it and only through specific exception granted by the city council.

      6.   No sign shall be placed on any property without written consent of the owner(s) or the owner(s)' authorized agent.

      7.   Freestanding signs associated with commercial uses shall maintain a minimum setback distance of five feet (5') from the back of the sidewalk which, for the purposes of this section, shall be defined as the edge of the sidewalk that is farthest away from the curb, gutter and street.

      8.   Distance separation between freestanding signs located on different street frontages shall be measured along the street frontage to the point of intersection of both street frontages. Freestanding signs shall be separated by at least one hundred feet (100').

   D.   Lighting Provisions:

      1.   Light from any (light) source intended to illuminate a sign shall be shaded, shielded, or directed in such a way so that the light intensity or brightness shall not adversely affect the safe vision of pedestrian or vehicle operators on public or private streets, driveways, or parking areas, and shall not adversely affect any of the surrounding premises.

      2.   Illumination from any sign shall not interfere with the effectiveness of any official traffic sign, signal or device.

      3.   The illumination shall also be shielded in order to avoid upward glare that would tend to violate the state "dark sky" provisions.

      4.   Signs which face residentially zoned lots having a linear distance of one hundred fifty feet (150') or less from the residential zone shall not be illuminated.

      5.   Unless otherwise authorized by this code or the competent authority, internally illuminated signs which use the technique known as "push through" as well as individually illuminated, channel lettering or halo lighting is required. The competent authority may allow a modification of this requirement in the interest of aesthetics or compatibility. Illumination of industrial monument signs shall not occur by the use of internally illuminated signs.

      6.   Signs in residential zones shall not be illuminated with the exception of the address.

      7.   All lighting fixtures shall be as small as possible and integrated with the sign design and building architecture.

      8.   All proposed lighting schemes shall be included in tenant's submission to landlord for approval prior to construction or installation.

      9.   Illumination shall not blink, flash, or fluctuate.

      10.   All freestanding signs which incorporate lighting shall be served by underground utility. (Ord. 2006-10, 10-17-2006)

   A.   Residential Zones (RE, R-1, TC, MR, MF):

   1.   Permitted Signs:

         a.   Development identification sign, not more than thirty-two (32) square feet:

      (1)   Maximum sign area shall not exceed thirty-two (32) square feet.

      (2)   Maximum height shall not exceed six feet (6').

      (3)   Sign may not be placed in the public right-of-way. This sign may be used in addition to any other freestanding sign allowed pursuant to this chapter.

      b.   Directional Sign:

      (1)   Maximum sign area shall not exceed two (2) square feet.

      (2)   Maximum height shall not exceed four feet (4').

      (3)   Sign may not be placed in the public right-of-way. This sign may be used in addition to any other freestanding sign allowed pursuant to this chapter.

      c.   Garage Sale, Private Sale Or Event Sign:

      (1)   Signs may be used to advertise any event listed above provided that the signs are not over two (2) square feet in sign area, and are used only during the duration of the event.

      (2)   The person erecting the sign and/or the property owner at the sign location shall be responsible for the sign removal and all other requirements concerning signs in this chapter.

         d.   Government Sign: Signs by United States or New Mexico Departments of Transportation (USDOT or NMDOT) and other government signs are allowed to be located off-premise.

         e.   House or building sign or nameplate (maximum sign area shall not exceed four (4) square feet).

         f.   Legal notices (maximum sign area shall not exceed four (4) square feet).

      g.   Model Complex Sign:

      (1)   Maximum sign area shall not exceed thirty-two (32) square feet.

         (2)   Maximum height shall not exceed six feet (6').

      (3)   Sign may not be placed in the public right-of-way. This sign may be used in addition to any other freestanding sign allowed pursuant to this chapter.

      h.   National, state and corporate flags.

         i.   Political sign (Maximum sign area shall not exceed four (4) square feet).

      j.   Home Occupation Signs:

   (1)   One sign per lot permitted.

         (2)   Maximum sign area shall not exceed two (2) square feet.

      (3)   Shall only be an attached (wall) sign on the front facade of the property on which a legally registered business is conducted.

   (4)   Must be professionally designed.

   (5)   Administrative approval of said sign shall be issued.

         k.   Real estate signs shall not require a permit if their area is no more than four (4) square feet and the maximum height is no more than four feet (4').

   2.   Prohibited Signs:

      a.   Temporary signs.

   B.   Agricultural Zones (RE-1):

   1.   Permitted Signs:

      a.   All signs permitted in residential zones.

         b.   One freestanding sign, one attached sign or combination of both shall be permitted for advertising purposes only. In no event shall the total combined square footage of both signs exceed thirty-two (32) square feet in sign area.

      c.   Point-of-Sale Signs:

         (1)   Maximum sign area shall not exceed four (4) square feet.

         (2)   Sign may not be placed in the public right-of-way.

   2.   Prohibited Signs:

      a.   Temporary signs.

   C.   Residential Commercial Planned Unit Development (RCPUD): Signs in the RCPUD zones shall be approved through a special use permit (SUP) procedure set out in sections 10-10-2 and 10-10-4 of this code and all types of signs are allowed which are compatible with the use of the property.

   D.   Commercial And Industrial Zones (C-1, C-2, M-1, M-2):

   1.   Permitted Signs:

      a.   All signs permitted in residential and agricultural zones.

      b.   Attached Sign:

      (1)   One (1) square foot of signage per one (1) linear foot based on the length of the exterior building wall at the front facade. The sign(s) shall be placed on the side of the building used to calculate the square footage of the sign. The following are considered attached signs:

            A.   Awning/canopy/marquee signs.

            B.   Window signs.

            C.   Wall signs.

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

      (2)   Attached signs may not extend more than eight inches (8") out (depth) from the side of the building to which it is attached.

      (3)   Attached signs shall not extend beyond the highest point of roof line, or project beyond the edge of a side of the building.

      (4)   Attached signs should exhibit an architectural design which is compatible to the design of the building.

      c.   Window Sign:

      (1)   Permanent window signs may be substituted for attached signage with a corresponding reduction of attached signage.

      (2)   A window sign does not include merchandise or models of products or services incorporated in a window display.

      (3)   Window signs are allowed only in C-1 (Light Commercial District) and C-2 (General Commercial District) zones.

      d.   Drive-thru Menu Boards/Directional Signs:

      (1)   Drive-thru menu boards are permitted for fast food restaurants with drive-thru service, subject to a size limit of twenty (20) square feet of area and five feet (5') in height.

      (2)   Drive-thru menu boards/directional signs are allowed only in C-1 (Light Commercial District) and C-2 (General Commercial District).

         e.   Freestanding Sign: There are two (2) types of freestanding signs allowed by this code: monument - pylon. The number of freestanding signs is limited to one (1) (either one (1) monument or one (1) pylon) per lot unless otherwise allowed under the master sign program. This is in addition to any allowed attached signs. Freestanding signs must comply with the following conditions:

      (1)   Monument Signs: Monument signs are allowed only in Light Commercial (C-1), General Commercial (C-2) and Industrial Districts (M-1 and M-2).

         A.   Illumination: Monument signs may be illuminated, consistent with the lighting provisions set out in this code.

         B.   Landscaping: All monument signs must be surrounded by a minimum four foot (4') wide landscaped planter area; four feet (4') must be measured in all directions.

         C.   Mounting: The monument sign must have a solid base rather than pole supports.

         D.   Height: Height of monument signs shall not exceed the dimensions listed in the table below unless otherwise allowed for shopping center sign programs.

         E.   Size: Size of monument signs is determined as follows:

 

 

         (2)   Pylon signs.

         A.   Pylon signs are allowed only in C-2 (General Commercial District).

         B.   Design: The design of the pylon sign shall exhibit an architectural design which is compatible to the design of the building in which the business that the sign identifies is located.

         C.   Illumination: Pylon signs shall be illuminated consistent with the lighting provisions set out in this code.

         D.   Landscaping: All pylon signs must be surrounded by a minimum of a four foot (4') wide landscaped planter area; four feet (4') must be measured in all directions.

      E.   Height: Sign height shall not exceed ten feet (10').

      F.   Mounting: The pylon sign must have either a solid base or individual supports which exhibits an architectural design which is compatible to the design of the building in which the business that the sign identifies is located. Raw material poles are not allowed (i.e. steel pole, 4x4 wood poles, etc).

      G.   Size: Size of pylon signs is determined as follows:

 

 

         f.   Multi-Tenant Center Signs: For multi-tenant centers, a master sign program is required. The applicant shall submit to the competent authority for processing as a special use permit in accordance with the procedure set out in sections 10-10-2, 10-10-4, and 10-14-6 of this code to be approved by the planning and zoning commission. The sign requirements of a master sign program for a multi-tenant center shall supersede the sign requirements as outlined within this chapter. Multi-tenant center signs are permitted subject to the following provisions:

      (1)   The developer shall submit to the commission architecturally precise plans delineating all signs to be used in the center including but not limited to information as to size, height, letter type, font, color, depth, illumination, and material to be used.

      (2)   A multi-tenant center five (5) acres in size or less may have one (1) shopping center sign on each street frontage. The maximum sign face area limits for such a sign are three hundred (300) square feet.

      (3)   For multi-tenant centers greater than five (5) acres in size may have one (1) shopping center sign on each street frontage, the maximum sign face area for a shopping center sign per street frontage shall be four hundred (400) square feet.

      (4)   The maximum multi-tenant center sign height limit shall be twelve feet (12') for centers which contain five (5) acres or less.

      (5)   The maximum multi-tenant center sign height limit shall be fifteen feet (15') for centers which contain more than five (5) acres.

      (6)   Each multi-tenant center sign shall contain graphic identification of either the name of the multi-tenant center or name or logo of at least one (1) anchor tenant. An anchor tenant for purposes of this section shall be a business containing at least fifteen thousand (15,000) square feet of floor area within the center. This required identification shall contain individual letters or graphic logos at least eighteen inches (18") in height. Any additional desired information shall contain individual letters or graphic logos of at least ten inches (10") in height.

      (7)   Multi-tenant center signs shall be centrally situated within a landscaped planting area.

         g.   Multi-Tenant Center Pads: Each separate building pad immediately fronting on a public street within a center is to be made part of the master sign program of the multi-tenant center. Each pad is allowed to have their own monument sign.

         h.   Promotional Displays: In addition to authorized attached and freestanding signs, occasional events requiring special advertising shall be subject to the following conditions:

      (1)   Each business shall be limited to one (1) freestanding and one (1) attached sign. Each sign shall not exceed thirty-two (32) square feet in size.

      (2)   Displays incorporating balloons, streamers, flags and pennants will be permitted as outlined in this chapter.

      (3)   Each business shall be allowed one (1) permit for a grand opening display during its first six (6) months of operation. The temporary permit for this display shall be for a maximum period of time of no more than one (1) year. Said sign shall not exceed thirty-two (32) square feet.

      (4)   Each business shall be allowed four (4) promotional displays during each calendar year. The permit for each of these displays shall be for ten (10) consecutive days.

      (5)   Each business shall be allowed one (1) bona fide going out of business display. The permit for this display shall be for sixty (60) consecutive days.

      (6)   The applicant shall provide to the competent authority the name and 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.

         i.   Changeable Copy Signs: Changeable copy signs may be approved by the planning and zoning commission through a special use permit in accordance with the procedure set out in sections 10-10-2 and 10-10-4 of this code, subject to meeting the following regulations:

      (1)   The sign is for the advertising of upcoming or current entertainment, events and/or programs associated with one (1) of the following approved uses:

         A.   Movie theater with at least one thousand (1,000) seats total; all screens;

         B.   Performing arts theater (with at least five hundred (500) seats);

         C.   Nightclub (not for sexually oriented businesses or activities);

      D.   Public uses (e.g. community center, library);

            E.   Church;

            F.   Manufacturer-licensed new car dealership.

      (2)   Changeable copy signs shall not be allowed as a part of shopping center signs or in conjunction with the operation of a sexually oriented business.

      (3)   Those uses listed herein may be permitted one (1) changeable copy sign of either a monument, freestanding or attached type. The height and area of such signs shall be regulated by the maximum sign area limits established for commercial and industrial zones as set forth in this chapter.

      (4)   Display changes on a changeable copy sign may occur at an interval as requested by the applicant provided the applicant can demonstrate that the requested interval of change does not work to the detriment of public safety.

      (5)   Except for movie theater marquees, cabinet signs with translucent backgrounds shall be prohibited.

         j.   Gate Entrance Sign:

      (1)   A gate entrance sign may identify the owner, resident or name of a certain parcel of property (i.e., John Doe Ranch, etc.).

      (2)   Total height (including poles) for gate entrance signs shall not exceed ten feet (10'). The sign face itself shall not exceed three feet (3') in height and ten feet (10') in width.

      (3)   A gate entrance sign may be allowed upon approval by the planning and zoning commission of a special use permit in accordance with the procedure set out in sections 10-10-2 and 10-10-4 of this code. The planning and zoning commission may approve sign of less height and size than the maximum allowed by this chapter.

         k.   Searchlights: Searchlights or other devices which project a beam of light into the sky shall be permitted with approval of a temporary sign permit by the competent authority provided the following conditions shall be met:

      (1)   Permits shall be issued for grand openings or special events only. A grand opening shall commemorate an initial building opening, a change in ownership of an existing business, a remodel of over fifty percent (50%) of the floor area or a new business in an existing building. A special event may only occur three (3) times per year.

      (2)   Permits shall be issued for no more than seventy-two (72) hours of duration.

      (3)   Searchlights shall not be operated so as to constitute a traffic hazard or a nuisance to adjacent or surrounding properties.

      (4)   Searchlights shall be operated so as to avoid directing the beam at any building.

      (5)   Searchlights shall be so operated that the beam is not displayed at an angle greater than forty-five (45) degrees from the vertical.

      (6)   Equipment shall be kept on private property and shall not be allowed within the public right-of-way.

      (7)   The applicant shall be required to show evidence of insurability by having liability and property damage insurance in force at all times during the time a permit is in effect in sufficient amounts to protect permittee from liability, and to hold the city harmless from any damages, claims or causes of action by reason of the indemnify and issuance of the permit and operation of a special advertising device.

      (8)   Notification of permit issuance shall be sent to appropriate authorities of any airport that may be affected by searchlights.

         l.   Home Occupation Signs: All home occupation signs shall be consistent with section 3-4-2F of this code and/or any other applicable sign provision set in this chapter.

         m.   Consistent Design: Signs on all proposed buildings or new additions to existing buildings shall be designed as an integral part of the total building design.

   (1)   Sign Colors:

         A.   For shopping center and multi-tenant complex with and without an approved sign program, all permanent signs may contain no more than four (4) different sign colors within a shopping center and multi-tenant complex. When reviewing a sign permit, consideration will be given to the color of adjacent signs.

         B.   The sign structure and any related supports shall be the same color and materials throughout a shopping center and multi-tenant complex.

         C.   Pictorial trademarks/logo and trademark signs shall be excluded from the color limitations as outlined above.

         n.   Off-Premises Signs:

      (1)   No person shall erect or maintain any off-premise sign of any kind except in compliance with this chapter, and in accordance with other provisions of this chapter.

      (2)   Off-premise signs shall be limited to wall signs set back a minimum of five (5) feet from every street right-of-way line.

      (3)   Off-premise signs shall be limited to one (1) sign on each side of a public street for each one thousand (1,000) foot length of right-of-way.

         A.   Attached Signs: No attached signs shall be permitted off-premise.

            B.   Bench Signs:

            i.   Bench signs are only allowed through a special use permit approved by the planning and zoning commission (in accordance with the procedure set out in sections 10-10-2 and 10-10-4 of this code) and the city council. Bus benches, for which a special use permit has been approved, may be placed in the public right-of-way along bus routes or in areas frequented by pedestrians.

            ii.   Bus benches are exempt from the location provisions for freestanding signs only when they are located at designated bus stops.

            iii.   No more than one (1) bench sign shall be allowed per bench.

            iv.   Bench signs shall be located only on one (1) side of the bench and shall be not larger than ten (10) square feet.

            C.   Mass Transit Shelter Signs:

            i.   No more than three (3) signs allowed upon or within a mass transit shelter.

            ii.   These type of signs shall be permitted only through administrative approval.

         D.   Garage, Private Sale Or Event Sign: The person erecting the sign and/or the property owner at the sign location shall be responsible for the sign removal and all other requirements concerning signs as listed in this chapter.

            E.   Political Signs:

            i.   No individual sign shall exceed six (6) square feet in a residential zone and up to thirty-two (32) square feet for each sign in non-residential zones.

            ii.   All political signs shall be erected no sooner than sixty (60) days before the election to which they pertain and shall be removed within ten (10) days following same election.

            iii.   Political signs may be placed twelve (12) hours prior to an election around or nearby the polling site subject to federal and state law and must be removed twelve (12) hours after closing of election polls of set election.

            iv.   All political signs shall be removed and disposed of properly.

            v.   Political signs shall not be placed within any public property or right-of-way.

         F.   Government Signs: Signs by United States or New Mexico Departments of Transportation (USDOT or NMDOT) and other government signs are allowed to be located off-premise.

            G.   Open House Signs:

            i.   Open house signs are allowed to be located off-premise in compliance with this chapter.

            ii.   The person erecting the sign and/or the property owner at the sign location shall be responsible for sign removal and all other requirements concerning signs. (Ord. 2006-10, 10-17-2006)

   A.   Construction/Renovation Signs: The signage shall not exceed thirty-two (32) square feet in sign area, and shall not be erected until a building permit has been secured. The sign shall be removed no later than fourteen (14) days after the issuance of a certificate of occupancy or the building permit expires. Such signs shall be limited to one (1) sign per street frontage, not to exceed two (2) such signs, for the general contractor, including all sub-contractors.

   B.   Real Estate Signs:

   1.   Residentially-Zoned Lots Or Parcels:

         a.   Less than 1 acre: one (1) sign per street frontage not to exceed four (4) square feet in sign area per sign. Sign(s) shall not exceed seven feet (7') in height.

         b.   1.01 to 5.00 acres: one (1) sign per street frontage not to exceed thirty-two (32) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.

         c.   5.01 to 10.00 acres: two (2) signs not to exceed thirty-two (32) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.

         d.   Greater than 10.00 acres: three (3) signs not to exceed thirty-two (32) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.

      2.   All Other Zoned Lots Or Parcels:

         a.   Less than 1.00 acre: one (1) sign per street frontage not to exceed sixteen (16) square feet in sign area per sign. Sign(s) shall not exceed eight feet (8') in height.

         b.   1.01 to 5.00 acres: one (1) sign per street frontage not to exceed thirty-two (32) square feet in sign area per sign. Sign(s) shall not exceed ten feet (10') in height.

         c.   5.01 to 10.00 acres: two (2) signs not to exceed thirty-two (32) square feet in sign area per sign. Sign(s) shall not exceed fifteen feet (15') in height.

         d.   Greater than 10.00 acres: three (3) signs not to exceed sixty-four (64) square feet in sign area per sign or two (2) signs not to exceed one hundred twenty-eight (128) square feet in sign area per sign. Sign(s) shall not exceed fifteen feet (15') in height.

      3.   Real Estate Directional Signs: These signs shall not exceed six (6) square feet in sign area.

      4.   Model Complex Signs: These signs shall be located on the project site and conform to the following requirements:

         a.   One (1) sign per complex not to exceed thirty-two (32) square feet in sign area.

         b.   One (1) sign per model not to exceed four (4) square feet in sign area.

         c.   Signs are to be removed when the complex ceases to be a model home complex.

         d.   A temporary permit shall not be approved for longer than twelve (12) months. If a sign is desired for more than twelve (12) months, the applicant must re-apply for renewal of a temporary permit after this time.

      e.   Shall be constructed of quality materials.

      5.   Commercial Promotional Displays:

      a.   Temporary signs advertising a new business "coming soon."

         b.   Such signs shall be limited to one (1) sign per street frontage, not to exceed two (2) signs, for the new business, including all tenants.

         c.   Such signs shall be removed immediately upon the receipt of any certificate of occupancy for the new business.

         d.   Sign area shall not exceed thirty-two (32) square feet.

      6.   Removal Of Signs: Signs shall be removed seventy-two (72) hours after closing of sale or lease of property.

      7.   Placement Near Public Ways: No real estate signs shall be erected in the public rights-of-way or in clear-sight triangles.

      8.   Time: Any temporary sign will be permitted for no more than one (1) year; the applicant shall specify the time that the sign will be in place. (Ord. 2006-10, 10-17-2006)

Sign permits shall be required for all signs unless otherwise stated in this chapter. Signs that do not require permits, but must follow the requirements as follows:

   A.   Change of copy on legally established signs.

   B.   Construction/renovation signs (those not exceeding sixteen (16) square feet in sign area, however, signs exceeding sixteen (16) square feet in sign area will require temporary permit).

   C.   Decorations for national holidays or community-wide festivals and fiestas. Decorations shall be removed no later than five (5) days after the event/holiday.

   D.   Directional signs.

   E.   Garage Sale Signs: Garage sale signs located on the property holding the event shall not be erected any sooner than the day before the event and shall be completely removed no later than six (6) hours after the end of the event.

   F.   Government signs.

   G.   House or building signs or nameplates.

   H.   Legal notices.

   I.   Model complex signs (those not exceeding sixteen (16) square feet in sign area).

   J.   National, state and corporate flags following accepted flag protocol.

   K.   Political signs.

   L.   Private sale or event signs.

   M.   Railroad signs.

   N.   Real estate signs (those not exceeding sixteen (16) square feet in sign area).

   1.   One (1) sign per street frontage. Not to exceed two (2) total signs.

   2.   Can be located in front, side or rear of property.

   3.   Up to a maximum of two (2) sides per any one (1) sign.

   O.   Streamers.

   P.   Vehicle signs.

   Q.   Gasoline Price Signs: Such signs are limited to one (1) per street frontage, and in no case shall an individual gasoline price sign exceed twelve (12) square feet in area.

   R.   Directional Sign: Directional signs visible from the public right-of-way (i.e., entrance/exit) shall not exceed six (6) square feet in sign area and four feet (4') in height.

   S.   Flags:

      1.   Displays incorporating the identification of a nation, state or corporation shall follow accepted flag protocol. Only one (1) corporate flag will be allowed per lot.

      2.   Displays used to serve as decoration (exclusive of decorations used in fiestas, community-wide festivals or national holidays) shall have no logo or advertising message printed or painted on them.

   T.   Information Sign: Signs visible from the public right-of-way shall have a maximum size of four (4) square feet in sign area.

   U.   Pennant: Each sign shall be no larger than two (2) square feet in sign area.

   V.   Open House Signs: Open house signs located on the property being sold shall be subject to the following minimum requirements:

      1.   Shall be limited to six (6) square feet in area per side, up to a maximum of two (2) sides per any one (1) sign.

      2.   Shall not be erected earlier than the day before the event and shall be completely removed no later than two (2) hours after the end of the open house. For the purposes of this chapter, open houses are considered a temporary event rather than taking place for an extended period of time.

      3.   Shall be either A-frame type signs or mounted in a freestanding manner on either a single stake or on two (2) stakes.

      4.   Maximum Height: The top of the sign shall not exceed four feet (4') in height.

      5.   Placement: Shall be placed so as not to obstruct traffic or create an impediment to visibility at street intersections.

      6.   Shall not be mounted to trees or other landscaping, regulatory traffic signage, utility or light poles or other similar structures. (Ord. 2006-10, 10-17-2006)

   A.   Sign Maintenance And Removal:

      1.   Damaged Signs: When any sign is substantially damaged, destroyed, taken down or removed for any purpose other than copy change or normal maintenance operation, it shall not be re-erected, reconstructed or rebuilt except in full compliance with this chapter.

      2.   Maintenance:

         a.   All signs shall be kept in good repair, both structurally and in appearance. All braces, bolts, clips, fastenings and supporting frame shall be securely affixed to the support structure or wall and shall be free from insect infestation, rot or other deterioration.

         b.   If the message portion of a sign is not maintained or if it is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within thirty (30) days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the prohibition on the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent the changing of the message of the sign.

         c.   Any written notice to repair, alter, or remove a sign shall be sent via certified mail, return receipt requested, by the competent authority to the owner, lessee, or person responsible for the sign. If such order is not acted on within seven (7) days, the competent authority may initiate proceedings to revoke the permit and remove the sign at the expense of the owner, lessee, or person responsible for the sign.

         d.   Repainting of painted wall signs when more than fifty percent (50%) of the copy has been removed shall require written notice of the proposed repainting be received by the competent authority at least three (3) days prior to repainting.

         e.   Damaged Signs: When any sign is substantially damaged, destroyed, taken down or removed for any purpose other than copy change or normal maintenance operation, it shall not be re-erected or rebuilt unless a sign permit has been issued.

   B.   Nonconforming Signs:

      1.   Subject to the remaining restrictions of this chapter, nonconforming signs that were otherwise lawful on the effective date of this chapter may be continued.

      2.   No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any conforming sign.

      3.   Any change in the use of any building or property in which a nonconforming sign is located, will require that all nonconforming signs on that property be brought into compliance with all applicable provisions of this chapter within nine (9) months of said change.

      4.   A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this chapter. For the purpose of this subsection, "replaced" means the replacing of any or all parts of a sign that would extend the normal life span of a sign. An example is replacing wood pole supports with metal I-beam supports.

      5.   If a nonconforming sign is destroyed, damaged or in need of repair, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of this chapter and the remnants of the former sign structure shall be cleared from the land. For purposes of this subsection, a nonconforming sign is "destroyed" if damaged up to fifty percent (50%) of the cost of repairing the sign to its former stature or if the cost of replacing it equals or exceeds the tax value (tax value if listed for tax purposes)/sign valuation (as stated on the original permit) of the sign so damaged, whichever is less.

      6.   The message of a nonconforming sign may be changed so long as this does not create any new non-conformities (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed).

      7.   If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within sixty (60) days after such abandonment by the sign owner, owner of the property where the sign is located or other person having control over such sign.

      8.   The city shall reserve the right to remove a nonconforming sign in accordance with the procedures set out for lien on property.

      9.   This subsection shall not apply to any benches placed under the terms of any contract in effect on the date of passage of this chapter.

      10.   Trimming Of Trees: No existing tree shall be trimmed, pruned or removed from a city right-of-way to increase the visibility of any sign, unless such work is first approved by the competent authority. (Ord. 2006-10, 10-17-2006)

   A.   Offenses:

      1.   Every violation of this chapter constitutes an offense subject to the penalty provisions in title 1, chapter 4 of this code.

      2.   Each day a violation of this chapter exists constitutes a separate offense.

   B.   Double Permit Fee: The applicable fee for a sign permit shall be doubled when the installation of a sign is commenced before obtaining a permit.

   C.   Abatement Of Illegal Signs: The competent authority shall have the power to see that this chapter is enforced and to abate any sign within the city which fails to meet the requirements of this chapter or other applicable law.

   D.   Enforcement Authority:

      1.   The competent authority or his/her delegate is authorized to issue citations for violations of this chapter and file criminal complaints in municipal court alleging violations of this chapter.

      2.   The municipal court may impose a fine for each offense, as provided in title 1, chapter 4 of this code for each day the violation is found to have occurred. In addition to any fines thus imposed, the municipal court is authorized to issue orders for removal, revocation of permit, or other judgments. Failure to pay fines previously imposed shall constitute contempt of court and may be separately punished at the discretion of the municipal court. (Ord. 2006-10, 10-17-2006)