Chapter 18.65 SIGNS*

This chapter is adopted pursuant to the provisions of an Act of the State Legislature known as Chapter 3, Laws of Article 19 (being Sections 1 through 12 of the New Mexico State Statutes Annotated, 1978) as amended. The provisions of this chapter are adopted in acceptance of and in accordance with said Act. [Ord. 94-08; prior code § 11-3-3]

18.65.040 Existing uses – Nonconforming signs.

Nonconforming signs which have been approved by the Mesilla board of trustees or signs which are not in conformity with these regulations but for which permits or variances were granted under previous ordinances, may continue, until one of the following occurs:

A. The business is terminated.

B. The sign is changed, modified, or painted.

C. Five years after the ordinance codified in this chapter is in effect. [Ord. 2008-04 § 1; Ord. 94-08; prior code § 11-3-4]

18.65.050 Definitions.

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:

A. General.

1. Words used in the present tense include the future tense. The singular includes the plural. The word “person” includes a municipality, firm, association, organization, partnership, trust, company, or corporation as well as an individual.

2. The word “lot” includes the word “plot” or “parcel.” The term “shall” is mandatory; the term “may” is permissive. The word “town” shall mean the town of Mesilla. The words “board of trustees” shall mean the town board of trustees of the town of Mesilla. The word “commission” shall mean the planning, zoning and historical appropriateness commission of the town of Mesilla.

B. Specific.

1. “Sign” shall mean and include every sign, billboard, ground sign, wall sign, roof sign, illuminating sign, projecting sign, marquee, awning, canopy, and shall include any announcement, declaration, demonstration, illustration or insignia used to advertise or promote the interest of any person when the same is placed out of doors. Allowed signs in the town of Mesilla shall be limited to wall signs, projecting signs, freestanding signs, development identification signs, sandwich board signs and directory signs, as well as those signs that are identified as “temporary signs” or exceptions as defined in MTC 18.65.070.

a. “Freestanding sign” as regulated by these guidelines shall include any sign attached to or supported from the ground and not attached to any building.

b. “Temporary sign” shall mean any banner or advertising display with or without frames intended to be displayed for a period of less than 15 days. Maximum total sign space not to exceed 15 square feet and no more than two permits per business per year may be issued.

c. “Sandwich board or A-frame sign” shall mean any sign of a nonpermanent nature which is a type of advertisement composed of two boards (holding a message or graphic) and being set up (for example next to a store advertising its goods) in a triangle shape, hinged along the top.

d. “Projecting sign,” as regulated by these guidelines, shall include any sign, which is attached to a building or other structure and extends beyond the line of said building or structure.

e. “Wall sign,” as regulated by these guidelines, shall include all flat signs with projecting letters attached to a wall, or signs with letters painted directly upon a wall, or painted sign board attached to a wall.

f. “Development identification sign,” as regulated by these guidelines, shall include any sign at the entrance/exit to a commercial development to identify the development name and logo only, and not attached to any building.

g. “Directory sign” is a sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings. A directory sign may also be a sign that identifies the development or building which the group of businesses/tenants occupy.

2. “Location” shall mean the lot or premises upon which the sign may be permitted.

3. “Display” shall mean to exhibit any item or items on the interior or exterior, for the purpose of attracting people for business. [Ord. 2008-04 § 2; Ord. 2003-05 § 1; Ord. 94-08; prior code § 11-3-5]

18.65.060 Permits required.

Other than the exceptions listed in MTC 18.65.070, temporary signs, and repair and maintenance of existing conforming signs, it shall be unlawful for any person to place, erect, repair, alter, relocate, or retain within the town of Mesilla any sign or‘ other advertising structure without first obtaining a review and recommendation by the planning, zoning and historical appropriateness commission and a permit approved by the Mesilla board of trustees. [Ord. 2008-04 § 3; Ord. 2005-06 § 1; Ord. 94-08; prior code § 11-3-6]

18.65.070 Exceptions.

The provisions and regulations of these guidelines shall not apply to temporary signs and the following signs; provided however, the number of exception signs does not exceed two for each business or use (with the exception of subsection (G) of this section) and said signs do not deviate radically from standards set forth herein:

A. Real estate signs not exceeding six square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are located.

B. One professional name plate not exceeding one square foot in area.

C. One bulletin board not over eight square feet in area for public, charitable, or religious institutions when the same are located on the premises of said institutions.

D. Signs denoting the developer, architect, engineer, or contractor when placed on work under construction and when not exceeding 12 square feet in area.

E. An occupational sign denoting only the name and profession of an occupant in a commercial building, public institution, or dwelling, and not exceeding two square feet in area.

F. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

G. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency, or other nonadvertising signs as may be approved by the Mesilla board of trustees.

H. Agricultural signs may be permitted where crops are grown; provided, they do not exceed 15 square feet in area in RA and RF zones and six square feet in area for all other zones and only advertise farm products for sale, the majority of which are grown on the premises.

I. Political signs supporting a candidate or candidates for public office; provided, that it is placed no more than 30 days prior to the pertinent election and does not exceed four feet by eight feet in size. Political signs shall be removed no later than seven days following an election.

J. Occupants may place displays or descriptions of their merchandise or services behind the glass of windows or doors. Any business on the plaza must not occupy more than one-third of the glass area with displays or descriptions.

K. Parking, directional or OPEN/CLOSED signs which do not exceed two square feet in area.

L. Cottage industries signs; provided, that only one unlighted sign be placed, having a maximum area of 10 square feet.

M. House signs that warn of safety hazards, “Private Drive,” “No Parking” or family name signs; provided, that they are not larger than one square foot.

N. Signs of historical significance.

O. Temporary directional signs for nonprofit organizations guiding patrons to functions approved by the board of trustees; provided, the sign does not exceed eight square feet. [Ord. 2008-04 § 4; Ord. 2005-06 § 2; Ord. 2003-05 § 2; Ord. 94-08; prior code § 11-3-7]

18.65.080 Application to erect a sign.

Application to erect a sign shall be made upon forms provided by the Mesilla Town Hall and shall contain, or have attached thereto the following information:

A. Name, address, and telephone number of applicant.

B. Location of building, structure, or lot upon which the sign is attached or erected.

C. Position of the sign, in relation to other signs, lot lines or other building.

D. A complete dimensioned scale drawing with full description of size, material, texture and/or finish lettering and graphics to be used.

E. Name of person, firm, corporation or association erecting structure.

F. Written consent from the owner of the building, structure, or land to which or on which the structure is to be erected. [Ord. 94-08; prior code § 11-3-8]

18.65.090 Permit issued if application is in order.

When the proposed sign is in compliance with all the requirements of these guidelines and all other laws and ordinances of the town, the permit may be issued administratively by the duly authorized representative for repair and maintenance of existing signs, temporary signs or sandwich board signs and may be issued following the recommendation of the planning, zoning and historical appropriateness commission, and approval of the board of trustees for all other signs that are in compliance with the requirements of these guidelines and all other laws and ordinances of the town. If the work authorized under a sign permit has not been completed within six months after date of issuance, the permit shall become null and void. The application must be acted upon by the board of trustees within 75 days from the date of application. [Ord. 2008-04 § 5; Ord. 94-08; prior code § 11-3-9]

18.65.100 Permit fees.

Every applicant after being granted a permit shall pay to the town of Mesilla a fee of $2.00 per square foot for the permitted sign. The maximum fee for any sign shall be $50.00. No fee shall be assessed for signs listed under exceptions or temporary signs. [Ord. 2008-04 § 6; Ord. 2005-06 § 3; Ord. 94-08; prior code § 11-3-10]

18.65.110 Inspection.

The Mesilla board of trustees, or authorized designated representative, shall inspect as they deem necessary each sign regulated by these guidelines for the purpose of ascertaining that the sign conforms with the approved sign permit. [Ord. 94-08; prior code § 11-3-11]

18.65.120 Obstruction.

No signs shall be erected, relocated or maintained so as to prevent free ingress or egress at any door, window, or fire escape.

No sign or other advertising structure as regulated by these guidelines shall be erected in the 30-foot clear sight triangle of any street or in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with or obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words “STOP,” “DANGER” or any other word, phrase, symbol, or character in such manner as to interfere with, mislead or confuse traffic. Signs shall also conform to the sight distance of MTC 18.60.340, Wall, fence or hedge. [Ord. 94-08; prior code § 11-3-12]

18.65.130 Temporary signs.

A. A business may have a temporary sign for a period of 15 days. The temporary sign shall be no larger than 15 square feet in area. Each business may have up to two temporary signs per year.

B. Temporary signs may be administratively approved by community development staff pursuant to guidelines established by the board of trustees by adoption of a resolution. [Ord. 2008-04 § 7; Ord. 2005-06 § 4; Ord. 94-08; prior code § 11-3-13]

18.65.135 Sandwich board or A-frame signs.

A. A sandwich board or A-frame type sign may be permitted for a business establishment. Such sign shall be located on the premises where the business is located, and shall be nonpermanent in nature, brought inside when the business closes for the day. This sign shall be no larger than six square feet in area.

B. Sandwich board signs will be allowed for a three-month trial period upon approval of the ordinance codified in this section by the board of trustees. They are only allowed in the Commercial (C) zone and at the Town Hall. [Ord. 2008-04 § 8]

18.65.140 Wall signs.

A. Wall Sign Area.

1. Within the Historical Commercial (H-C) zone, the wall sign area, on any given house or building, shall in no case exceed 10 percent of any wall area including apertures or 15 square feet, whichever is less. Dimensions of painted signs or graphics with no frame shall be determined by measuring the extent of the painted sign or graphic horizontally and vertically and calculating the area.

2. Within the Commercial (C) zone, the wall sign area on any given house or building shall in no case exceed 10 percent of any wall area including apertures or 25 square feet, whichever is less. Dimensions of painted signs or graphics with no frame shall be determined by measuring the extent of the painted sign or graphic horizontally and vertically and calculating the area.

B. No wall sign shall be permitted to be more than six inches thick. All wall signs shall be safely and securely attached to the building wall. [Ord. 2008-04 § 9; Ord. 2003-05 § 3; Ord. 2000-02 § 1; Ord. 94-08; prior code § 11-3-14]

18.65.150 Projecting signs.

A. No projecting sign may rise above the level of the first story of the building to which it is attached. All projecting signs must be at least seven feet above sidewalk or ground level, and must be located within the central one-third of the facade length so as not to obstruct neighboring signs.

B. Projecting signs shall be limited in area as follows:

1. A maximum of four feet projecting from the wall of the building;

2. A maximum of eight square feet of total sign space including frame. Both sides of a projecting sign may be used for advertisement.

C. The supporting structure of any projecting sign must be of adequate strength so as to have no need for guy-wires or wire reinforcement. [Ord. 94-08; prior code § 11-3-15]

18.65.160 Freestanding signs.

A. A freestanding sign (ground-based or post) may be permitted where a business establishment is set back from a street alignment of building facades more than 10 feet. A business establishment thus set back, in addition to the signs permitted upon the building itself, may maintain a freestanding sign of not more than 15 square feet in area including the frame but not the supports, and such sign must relate to the conduct of the business within. If a building has an unencumbered front setback of at least 25 feet, a two-face freestanding sign with a maximum of 15 square feet of area on each face, sign dimensions no greater than six feet in any dimension will be permitted; provided, it relates to the business conducted on the premises.

B. The bottom of freestanding signs supported by posts, which are not within two feet of the ground shall not be less than seven feet above the ground level.

C. For freestanding ground-based signs, the wall of a freestanding ground-based sign shall have a maximum square footage of 15 square feet for the Historical Commercial (H-C) zone and 25 square feet for the General Commercial (GC) zone. The height of a ground-based sign will be no more than four feet high. The ground-based signs shall also be required to have building permits for the structure complying with any building code requirements, clear sight triangle requirements or any other applicable codes or regulations.

D. All freestanding signs with posts shall be securely constructed, and erected upon posts extending at least three feet below the surface of the ground. All wood post parts below ground level shall be treated to protect them from moisture by an approved method.

E. No freestanding sign or any part thereof shall be more than 15 feet above the level of the street which the sign faces, or above the adjoining ground level, if such ground is higher than the street level.

F. All parts of a freestanding sign shall be two feet inside the property line. [Ord. 2006-01 § 1; Ord. 2003-05 § 4; Ord. 94-08; prior code § 11-3-16]

18.65.165 Directory signs.

A. A directory sign may be permitted for a building or development where there is more than one business or tenant. A directory sign may be a wall sign, projecting sign, or freestanding sign, provided the sign complies with all requirements for the type of sign.

B. A directory sign shall be limited to 15 square feet in area for signs located in the Historical Commercial (H-C zone) zone and 25 square feet in area for signs located in the Commercial (C) zone.

C. All directory signs shall be located on the premises where the businesses are located.

D. A directory sign may list all businesses or only the building or development name.

E. Each business may have one individual sign in addition to the identification on the directory sign, in accordance with the sign regulations and all other laws and ordinances. [Ord. 2008-04 § 10]

18.65.170 Development identification signs.

A development identification sign may be permitted at the entrance/exit to a commercial development to identify the development name and logo only.

A. The structure of a development identification sign shall be no larger than 48 square feet in size, and have a height no higher than four feet.

B. The actual sign portion of the development identification sign shall not exceed 25 square feet for the Commercial (C) zone, or 15 square feet for the Historic Commercial (H-C) zone. Area of the actual sign shall be determined by measuring the extent of the painted sign or graphic horizontally and vertically and calculating the area. [Ord. 2003-05 § 5; prior code § 11-3-17]

18.65.180 Illumination.

A. No signs that flash, blink, revolve, or are otherwise in motion, vary in intensity, or seem to be in motion shall be permitted.

B. No sign shall have any illumination outside of the face of the letters, other than goose neck lighting; there shall be no neon or similar lighting, exposed bulbs, or any moving parts or lights that give effect of moving parts.

C. Goose neck lights with reflectors shall be permitted on projecting signs, freestanding signs and wall signs, provided the illumination falls upon the sign so as to prevent glare upon the street or adjacent property.

D. Nonblinking electric signs including neon signs may be placed inside windows and glass doors provided their proportions are not in excess of the window area so allowed in MTC 18.65.070(J). Interior electric signs must be approved by the board of trustees or their designated representative. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-18]

18.65.190 Lettering and coloring.

All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. Color of signs must be approved at the time of application for sign permit.

In Mesilla, signs shall not detract from the historic cultural attraction of the town; therefore, approval of color and design are left to the board of trustees or their designated representatives. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-19]

18.65.200 What may be advertised.

Exterior signs shall advertise a bona fide business conducted in or on said premises, and the advertising of products shall not exceed 25 percent of the area of such sign. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-20]

18.65.210 Maintenance.

The plot where the sign is located is to be maintained by the owner thereof in a safe, clean, sanitary, inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-21]

18.65.220 Number of permitted signs.

A. A total of two exterior signs may be allowed to each store or bona fide place of business.

B. When more than one business occupies a single building each business will be limited to one sign plus a space on a directory sign at each entrance. [Ord. 2008-04 § 11; Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-22]

18.65.230 Location.

No off-premises signs will be permitted for commercial business. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-23]

18.65.240 Miscellaneous.

A. Parking Lots, Etc. Where the nature of a business does not involve a structure on which a sign may be attached, such as parking lots, freestanding signs are allowed and the same regulations apply.

B. Exterior Commercial Display. The exterior display of items for sale is not permitted on town property or where the condition endangers the health, welfare and safety of the general public. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-24]

18.65.250 Unlawful signs.

It shall be unlawful to construct, erect and maintain a sign or other advertising structure in violation of the provisions and guidelines of this chapter. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-25]

18.65.260 Notice of unlawful signs and abatement.

The town may issue a notice directed to the owner of record of the property on which the unsafe or unlawful sign occurs, or to the occupant or tenant of the property, or both. The notice shall describe the violation and shall establish a reasonable time limit for abatement which shall not be less than two days nor more than 10 days after serving the notice. The notice may be served either personally or by registered mail at the owner’s or occupant’s last known address. The town shall be held harmless of all unsafe or unlawful signs. The person who owns the sign shall assume all liability or risk of damage to persons or property which may arise from an unsafe or unlawful sign and save the town of Mesilla, its officers and agents harmless from any and all liability which may arise or be incurred from the erection, construction, or operation of same. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-26]

18.65.270 Complaint.

In the event the owner or occupant of the property where the unsafe or unlawful sign exists has failed, within the prescribed time, to abate the nuisance, then the town shall file a complaint charging violation of this with the municipal court. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-27]

18.65.280 Removal of unsafe or unlawful sign.

Upon the failure of the person to remove or correct the unsafe or unlawful sign, the town shall proceed to correct or remove the sign and shall prepare a statement of costs incurred. Any and all costs shall constitute a lien against property upon which the unsafe or unlawful sign existed, or against personal property of the owner of the unsafe or unlawful sign, which lien shall be filed, proven and collected as provided by law.

Alternatively, the town attorney may bring a civil action by verified complaint in the name of the town, by any public officer, in the municipal court against any person who shall create or maintain an unsafe or unlawful sign.

When judgment is against the defendant in an action to remove an unsafe or unlawful sign, he shall be adjudged to pay all court cost and a reasonable fee for the town attorney. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-28]

18.65.290 Injunctions.

The board of trustees or their representatives, when a violation exists as set forth in this chapter, may request an action in the name of the municipality to perpetually enjoin all persons from maintaining or permitting the unsafe or unlawful use and to abate the same. [Ord. 2003-05 § 6; Ord. 94-08; prior code § 11-3-29]