A.

Title. This chapter shall be known as "The Sign Regulations of the City of Tucumcari," and is referred to elsewhere herein as "these regulations" or "Sign Ordinance."

B.

Applicability. This chapter shall apply to all new signage erected within the city of Tucumcari after adoption of this title, except the following which shall be exempt from this title.

1.

Exempt Signs.

a.

Holiday decorations.

b.

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance.

c.

Any sign inside a structure that is not visible from outside the structure.

d.

Any sign placed on or within a window.

e.

Works of art that do not convey a commercial message.

f.

Traffic control signs that meet the NMDOT standards.

g.

Building address signs for the purpose of identifying the building to emergency services personnel.

h.

Non-illuminated monuments, citations, or commemorative tablets on private property that indicate the name of a building, dates of construction, and similar historic information concerning a structure, provided such sign does not exceed six square feet.

i.

Public monuments.

(Ord. 1052 (part), 2007)

A.

Compliance. All new signs shall comply with this chapter of the unified development code.

B.

Owner Identification. All new signs, including temporary signs, shall include easily identifiable information that indicates the owner of the sign, address of the sign owner, and current telephone number of the sign owner.

C.

Setback. All new signs, except off-site signs, shall be setback a minimum of five feet from any property line and shall not be placed in the clear sight triangle as defined in the uniform development code. All new signs shall not be placed so as to create a hazard to vehicle traffic or pedestrians.

D.

Area Computations. The following methods of computation shall be used for determining sign area.

1.

Single-Sided Signs. Not more than three rectangles shall be drawn to encompass all of the sign face. The total area of these rectangles shall be the sign area for single-sided signs.

2.

Two-Sided Signs. Not more than three rectangles shall be drawn to encompass all of one side of the sign face. The total area of one side shall be the sign area for two-sided signs.

3.

Three-Dimensional Signs. One rectangular box shall be drawn to completely encompass the sign. The sign area shall be one-half of the total area of all sides of the box, excluding the top and bottom.

(Ord. 1052 (part), 2007)

A.

The following signs shall be prohibited within the city of Tucumcari:

1.

Signs that are similar to official traffic control signs that create confusion or interfere with the effectiveness of official traffic control signs.

2.

Signs that include flashing or revolving lights, beacons, or simulate flashing or revolving lights or beacons through mechanical means, within fifty (50) feet of a residential district.

3.

Building mounted signs that are mounted on or extend above the roof or parapet of a building.

4.

Nongovernmental or nonpublic utility related signs in the public right-of-way.

5.

Signs on undeveloped property, except billboards and on-site real estate signs.

6.

Any sign, except official government notices, erected without the property owner's permission.

7.

Signs that are a danger to public safety by placement and/or state of maintenance.

(Ord. 1052 (part), 2007)

A.

Signs Permitted Without a Sign Permit. The following signs are permitted within the city of Tucumcari without obtaining a sign permit:

1.

Flags. Official flags should be displayed in accordance with the United States Flag Code (36 U.S.C. 173-178 and 36 U.S.C. 171). (Note that flag poles and other structures supporting the flags may require a separate permit)

2.

Temporary Signs. Up to three temporary signs that are not posted for longer than seventy-five (75) days. Each temporary sign shall not exceed six square feet each without a permit. A sign to be posted for longer than seventy-five (75) days shall not be considered a temporary sign and will require review as a permanent sign.

B.

Signs Permitted with a Sign Permit. The following signs shall require approval of a sign permit prior to erection or installation:

1.

Temporary Signs. More than three temporary signs on a parcel or temporary signs that exceed six square feet. The maximum size for any temporary sign is one and one-half square feet per linear feet of building frontage or six square feet whichever is larger. Temporary signs shall not be posted for more than seventy-five (75) days. A sign to be posted for longer than seventy-five (75) days shall not be considered a temporary sign and will require review as a permanent sign. Temporary signs are allowed in any zone district.

2.

Agricultural Zone District Signs. All signs within the A-1 zone district shall be considered agricultural signs.

a.

Freestanding Signs. One freestanding sign per five hundred (500) feet of linear street frontage. For frontage less than five hundred (500) feet, one sign is permitted. The sign shall not exceed one hundred (100) square feet in area and a height of twelve (12) feet.

b.

Building Mounted Signs. Building mounted signs not exceeding two square feet per linear feet of building frontage shall be permitted. Signage is per building frontage and shall not be transferred between sides of a building.

3.

Residential Signs. All signs within the R-1, R-2, and R-3 zone districts shall be considered as residential signs.

a.

Freestanding Signs.

i.

Subdivision Identification Signs. One freestanding sign per entrance from an arterial street into a subdivision, not to exceed fifty (50) square feet in area and six feet in height shall be permitted. The freestanding sign may be integrated into a perimeter wall.

ii.

Multifamily Development Identification Signs. One freestanding sign per two hundred fifty (250) feet of linear street frontage. For frontage less than two hundred fifty (250) feet, one sign is permitted. The sign shall not exceed fifty (50) square feet and a height of six feet. The freestanding sign may be integrated into a perimeter wall.

b.

Building Mounted Signs. Except for lighted address signs as may be required to identify buildings for emergency services, no building mounted signs are permitted.

4.

Commercial Signs. All signs within the C-1 and C-2 zone district shall be considered as commercial signs.

a.

Freestanding signs. One freestanding sign per two hundred fifty (250) feet of linear street frontage. For frontage less than two hundred fifty (250) feet, one sign is permitted. The sign shall not exceed three hundred (300) square feet in area and a height of thirty-six (36) feet.

b.

Building Mounted Signs. Building mounted signs not exceeding two square feet per linear feet of building frontage shall be permitted. Signage is per building frontage and shall not be transferred between sides of a building.

c.

Freeway Signs. Parcels within five hundred (500) feet of the United States Interstate and US Highway 54 rights-of-way and that contain businesses that primarily provide services to travelers may replace one of their freestanding signs with a freeway sign. Freeway signs shall not exceed three hundred (300) square feet in area and a height of seventy-five (75) feet.

5.

Industrial Signs. All signs within the I-1 zone district shall be considered as industrial signs.

a.

Freestanding Signs. One freestanding sign per two hundred fifty (250) feet of linear street frontage. For frontage less than two hundred fifty (250) feet, one sign is permitted. The sign shall not exceed three hundred (300) square feet in area and a height of thirty-six (36) feet.

b.

Building Mounted Signs. Building mounted signs not exceeding two square feet per linear feet of building frontage shall be permitted. Signage is per building frontage and shall not be transferred between sides of a building.

c.

Freeway Signs. Parcels within five hundred (500) feet of the United States Interstate right-of-way and primarily provide service to and/or utilize the interstate may replace one of their freestanding signs with a freeway sign. Freeway signs shall not exceed three hundred (300) square feet in area and a height of sixty (60) feet.

C.

Signs Permitted with a Conditional Use Permit.

1.

Off-Site Signs (Billboards). A new off-site sign may be allowed with approval of a conditional use permit. All new billboards shall comply with the following standards:

a.

Location. New off-site signs shall only be located in the C-1 and I-1 zone districts within five hundred (500) feet of United States Interstate 40.

b.

Separation from Other Off-Site Signs. All new off-site signs shall not be closer than six hundred (600) feet from an existing or approved off-site sign.

c.

Size. New off-site signs shall not exceed four hundred fifty (450) square feet per sign face.

d.

Sign Faces. An off-site sign shall have no more than two sign faces.

e.

Height. New off-site signs shall not exceed a height of thirty-six (36) feet.

f.

Setback. New off-site signs shall be setback a minimum of twenty (20) feet from any property line. New off-site signs shall not be placed within the clear sight triangle and shall not create a hazard to vehicle or pedestrian traffic.

D.

Existing Nonconforming Signs.

1.

Legal Nonconforming Signs. All nonconforming signs that were legally constructed before the adoption of the ordinance codified in this title shall be allowed to continue. The owner may perform maintenance and change the face or copy of the sign provided that the sign is not enlarged or structurally changed.

2.

Other Nonconforming Signs. Any sign constructed or erected prior to January 1, 2007 shall be considered legal nonconforming for the purposes of this chapter.

3.

Loss of Nonconforming Status. If a nonconforming sign is removed, destroyed, or damaged to the extent that it will cost more than seventy-five (75) percent of its value before the damage occurred to repair, then the sign shall not be replaced and any new sign shall comply with this chapter.

(Ord. 1052 (part), 2007)

A.

Minor Sign Variance. A dimensional variance from these standards of not more than ten (10) percent may be granted for any sign not requiring a conditional use permit by the director. The applicant must demonstrate that strict compliance with these regulations is not possible due to unusual circumstances related to the topography of the site, existing buildings or structures on or adjacent to the site, and/or dimensions of the existing lot.

B.

Major Sign Variance. Any dimensional variance from these standards of more than ten (10) percent shall require a major sign variance. A major sign variance shall be processed as a variance in accordance with Section 17.01.090(B)(2) of this title.

(Ord. 1052 (part), 2007)