CHAPTER 156
SIGN REGULATIONS Revised 1/24
Section
156.01 Title, purpose, and applicability Revised 1/24
156.02 Definitions and rules of measurement Revised 1/24
156.03 Summary table of allowed signs Revised 1/24
156.04 General standards Revised 1/24
156.05 Sign permit Revised 1/24
156.06 Prohibited signs Revised 1/24
156.07 Signs exempt from permit Revised 1/24
156.08 Sign permit required Revised 1/24
156.09 Unified sign plan Revised 1/24
156.10 Nonconforming signs Revised 1/24
156.01 TITLE, PURPOSE, AND APPLICABILITY. Revised 1/24
The purpose of this chapter is to establish a comprehensive system of controls regarding the construction, installation, and maintenance of signs in the City of Rio Rancho. The regulations within this chapter are intended to:
(A) Promote and protect the health, safety, and welfare of the city by ensuring the compatibility of signs with surrounding structures and land uses.
(B) Preserve the natural beauty and scenic environment of Rio Rancho, while enhancing the city’s business and economic climate through regulations that encourage the orderly and effective display of signs, and discourage sign clutter.
(C) Protect the public from hazardous conditions that may result from the indiscriminate use and placement of signs, structurally unsafe signs, signs that obscure the vision of pedestrians or motorists, and signs that compete or conflict with necessary traffic signals, government signs, and warning signs.
(Ord. 23-23)
156.02 DEFINITIONS AND RULES OF MEASUREMENT. Revised 1/24
(A) Definitions.
ATTENTION-GETTING DEVICE. Devices or ornamentations designed for the purpose of attracting attention. Attention-getting devices include sails, pennants, banners, temporary flex pole signs, balloon and inflatable signs, and similar. Flags of nations, states, and cities, or fraternal, religious, and civic organizations, or temporary holiday decorations are not attention-getting devices.
AWNING. A roof-like cover designed for protection from the weather or as a decorative embellishment, which projects from a wall or roof of a structure over a window, walkway, or door, with no supports that extend to the ground.
DRIVE-IN RESTAURANT. An eating establishment where customers park their vehicles in designated stalls and place orders through a speaker system, or directly with a restaurant employee. Food is delivered to the customer in the vehicle, and customers remain in their vehicle throughout the dining experience.
FLAG. Flags of any nation, state, municipality, or political subdivision, flags officially designated as a national, state, or local symbol, or flags of fraternal, religious, and civic organizations. Pennants and sails are not considered flags.
FLAG, COMMERCIAL. A sign consisting of fabric, plastic, vinyl, mesh, mylar or similar pliable material attached to a freestanding flagpole or building-mounted flagpole.
FOOT-CANDLE. A unit of measure of illuminance equal to one lumen of light spread over an area of one square foot.
LUMEN. A unit of light or illumination from a lamp or bulb, as defined by the International System of Units (SI). A typical 60-watt incandescent bulb or a 13-watt fluorescent bulb emits approximately 800 lumens. Light incident on a surface is measured in foot-candles (SI) using a commercial light meter.
MARQUEE. A permanent roof-like structure constructed of permanent building materials that extends from the wall of a structure with no supports extending to the ground providing protection from the elements.
MULTI-TENANT COMMERCIAL CENTER. A multi-tenant commercial center is a commercial development under unified control consisting of three or more separate commercial establishments sharing a common building, or which are in separate buildings sharing a common access/entranceway or parking area.
NIT. A unit of measurement used to quantify the brightness or luminance of a light source. One nit is equal to one candela per square meter.
OFF-PREMISES SIGN, PERMANENT. A permanent sign directing attention to a specific business, product, service, entertainment event, activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. Permanent off-premises signs are also called billboards (see Chapter 154).
OFF-PREMISES SIGN, TEMPORARY. A temporary sign directing attention to a specific business, product, service, entertainment event, activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located. This includes any ground-mounted, building-mounted, or sign painted, pasted, or otherwise affixed to any tree, rock, fence, utility pole, hydrant, bridge, sidewalk, parkway, curb or street, bench, or trash receptacle that directs attention off premises.
ON-PREMISES SIGN. A sign directing attention to a business, product, service, entertainment event, activity, or other commercial activity that is sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located.
RIGHT-OF-WAY. The total area of land deeded, reserved by plat, or otherwise acquired by the city, primarily for the use of the public for the movement of people, goods, and vehicles. For the purpose of this chapter, city drainage or utility easements, and other city-owned easements, such as maintenance and service roads serving channels or arroyos, are also included.
SIGN. A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right-of-way.
SIGN, A-FRAME. A freestanding temporary, movable sign ordinarily in the shape of the letter “A” or some variation thereof. An A-frame sign is displayed on the ground, not permanently fixed to the ground, and is usually two-sided, generally connected at the top and separated at the bottom.
SIGN, ANIMATED. A sign that uses moving or changing lights to depict action, movement, or the optical illusion of movement of part of the sign structure, sign, or pictorial segment, or including the movement of any illumination or the flashing or varying of light intensity to create a special effect or scene. Animated signs do not include electronic message signs.
SIGN, ARCADE. Any sign suspended from and located entirely under an arcade, covered porch, covered walkway, or similar architectural feature.
SIGN, AWNING. An awning sign is a sign printed, painted, stamped, perforated, stitched, or otherwise displayed upon an awning.
SIGN, BLADE. A sign attached to and projecting out from a building face or wall, generally at right angles to the building. Blade signs include signs that are totally in the right-of-way, partially in the right-of-way, or fully on private property.
SIGN, CANOPY. A canopy sign is a sign printed, mounted, or installed upon a canopy. A canopy sign may be one of two types:
(1) Canopy, Nonstructural. A roofed structure attached to a building, which is not integral to the structure, that is made of durable, weather-resistant material such as canvas, canvas-like material, nylon, or vinyl-coated fabric, placed to extend outward from the building and supported both by mountings on the structure wall and by supports that extend to the ground.
(2) Canopy, Structural. A roofed structure constructed of permanent building materials, such as metal, brick, stone, wood or similar building materials, which is constructed as part of and attached to a building, and extends outward from the building, supported both by the structure and by supports that extend to the ground.
SIGN, CHANGEABLE MESSAGE. A component of a sign, allowing for a message to be changed manually.
SIGN, DRIVE-THROUGH. A sign constructed as a component of a drive-through facility.
SIGN, ELECTRONIC MESSAGE. A sign designed with a portion of the sign area using changing light emitting diodes (LEDs), fiber optics, light bulbs, or other illumination devices within the electronic display panel(s) to form a message or messages in text and/or images, where the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Time/temperature signs, flashing signs and animated signs are not considered electronic message signs. Electronic message signs do not include electronic billboards, which are addressed as billboards in Chapter 154.
SIGN FACE. The area of a sign that is designed and intended to display information, graphics, or messages. It represents the visible side or sides of the sign that are meant to be seen by pedestrians, motorists, or other viewers.
SIGN, FLASHING. A sign with an intermittent or sequential flashing light source used primarily to attract attention. Flashing signs do not include electronic message signs.
SIGN, FREESTANDING MONUMENT. A sign that is placed on or supported by the ground, independent of the principal structure on the lot, designed with a monument base that is an integral part of the sign structure.
SIGN, FREESTANDING PYLON. A sign that is placed on or supported by the ground, independent of the principal structure on the lot and affixed, attached, or erected on a pole or pylon.
SIGN, GATEWAY. A sign that is installed over a pedestrian entryway and supported by the ground, independent of the principal structure on the lot, designed as an entryway feature to the property.
SIGN, GOVERNMENT. A sign erected and maintained pursuant to and in discharge of any government function. A government sign does not include any required legal notice by municipal codes and ordinances; such legal notice is not controlled by the sign code.
SIGN, MARQUEE. A sign that is displayed upon or attached to a marquee. Where designed as a changeable message sign, the changeable message portion may be manually changed or electronically changed when permitted by this code.
SIGN, MOVING. A sign where the entire sign structure or a portion of which rotates, moves, elevates, or in any way alters position or geometry. Tri-vision signs where triangular prisms rotate inside a frame to show a new message and/or information are considered moving signs. Moving signs do not include clocks or barber poles.
SIGN, MULTI-TENANT COMMERCIAL CENTER. A freestanding monument sign installed in conjunction with a multi-tenant commercial center.
SIGN, NONCONFORMING. A sign which was in conformity with the applicable regulations when created but which would now be prohibited or does not conform to one or more of the regulations in the sign code or future amendments thereto.
SIGN, PORTABLE. A sign whose principal supporting structure is intended, by design and construction, to rest upon the ground for support and may be easily moved or relocated for reuse. Portable signs include, but are not limited to, signs mounted upon a trailer, wheeled carrier, or other nonmotorized mobile structure, with wheels or with wheels removed. Portable signs do not include A-frame signs.
SIGN, RESIDENTIAL SUBDIVISION. A freestanding monument sign installed at the entrance of a residential subdivision. A residential subdivision sign may also be mounted on or integrated into an entry feature, such as a wall.
SIGN, RIGHT-OF-WAY. A temporary sign installed in the public right-of-way in accordance with an approved right-of-way display permit. Right-of-way signs shall not be considered temporary off-premises signs.
SIGN, ROOF. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure. A sign attached to an exterior wall of a building but whose face extends above the roofline or plate line by less than 10% of the face of a sign shall not be considered a roof sign.
SIGN, TEMPORARY. Any sign which is erected for a limited time and/or special purpose, typically constructed from semi-durable materials and not constituting a permanent structure.
SIGN, VEHICLE. Signs placed, mounted, installed, or painted on a vehicle for the primary purpose of attracting attention to an occupant’s presence within a building at which the vehicle is being parked.
SIGN, WALL – PAINTED. A sign that is painted, applied, or affixed directly on the exterior wall of a building or structure. A painted wall sign is not limited to only the application of paint, but includes other methods of application and/or material including but not limited to tile, screen printing, vinyl application, and paste-ups.
SIGN, WALL – PROJECTED. A sign created by an optical device that projects an image directly onto the exterior wall of a building or structure by light or other technological means.
SIGN, WALL – STANDARD. A sign that is attached directly to an exterior wall of a building or dependent upon a building for support and projects 18 inches or less from the wall of a structure with the exposed face of the sign in a plane substantially parallel to the face of the wall. Window signs are not considered wall signs.
SIGN, WINDOW. A sign that is attached to, placed upon, or printed on the interior or exterior of a window or door of a building, or displayed on the interior within two feet of a window intended for viewing from the exterior of such a building. A window sign may be either permanent or temporary. Shadowbox design within display windows, where the window display is designed with a background enclosure that blocks views into the establishment, is considered a window sign and the entire area of the shadowbox is subject to the maximum sign area limitation.
SIGN, WRAP. A sign consisting of fabric, plastic, vinyl, mesh, mylar or a similar pliable material attached to a building or structure under construction, renovation, or maintenance and used to screen such construction, renovation, or maintenance activity
SIGN, YARD. A sign placed within a street-facing yard intended to be viewed by the public.
STROBE LIGHT. An electronic lighting device designed to emit intense, rapid flashes of light in a systematic and repetitive manner, typically at frequencies ranging from a few to several dozen flashes per second, with each flash lasting for a brief duration.
UNIFIED SIGN PLAN. A unified sign plan addresses signage on a site to establish a coordinated and consistent approach to all signs within developments of significant size. Unified sign plans also allow for modification of the regulations of this code such as permitted height, area, location and number of signs to respond to unique site conditions such as topography, size, or relation to a public street that would limit or restrict normal sign visibility.
(B) Rules of measurement.
(1) Sign area.
(a) The sign area of each sign is the total exposed surface devoted to the sign’s message, including all ornamentation, embellishment, symbols, logos, letters, characters, other figures, or frames, whether structural or decorative. The calculation of sign area does not include any supports or bracing. For channel letters or freestanding logos/symbols, the sign area is calculated as the customary, applicable mathematical formula for the total area of each square, circle, ellipse, rectangle, or triangle, or combination thereof, that encompasses each word, logo, image, background, and/or display.
Sign Area
(b) Window area, for the purpose of calculating maximum area of window signs, is calculated as a continuous surface until divided by an architectural or structural element. Mullions are not considered an element that divides window area. Total window area is calculated as length times width of the window area. Only the individual letters or logos of the window sign shall be used in the calculation of surface area. The transparent film around the perimeter of the individual letters or logos composing the window sign and used to affix the window sign to the interior or exterior of a windowpane or glass door shall be exempt from the area calculations; provided, that such portion of the film maintains 100% transparency.
(2) Sign height. For ground signs, sign height is measured as the vertical distance measured from the normal grade at the base of the sign to the highest point of the sign, including any decorative elements. Normal grade shall be construed to be the existing grade prior to construction or the newly established grade after construction, exclusive of any fill, berm, mound, or excavation solely for the purpose of locating the sign, whichever is lower. Where a sign is installed on a slope, height shall be measured from the average grade at the base of the sign, determined by measuring the grade at the center of each side of the sign structure and calculating the average.
Sign Height
(3) Vertical clearance. Vertical clearance is measured as the vertical distance measured from the ground directly below the sign to the lowest point of the sign.
Vertical Clearance
(4) Number of sign faces. If the interior angle between two sign faces is 45 degrees or less, the sign area is calculated as the area of one face only. If the interior angle between two sign faces is greater than 45 degrees, the sign area is calculated as the sum of the two faces.
Calculation of Sign Faces
(5) Frontage length. Frontage length is measured as the linear distance between the surfaces of the outermost parallel walls of a principal structure. Where frontage length is calculated on a tenant basis, it is measured from the centerline of any party wall defining the tenant unit to the centerline of another party wall or the surface of an exterior wall.
Calculation of Frontage Length
(6) Sign setback. Sign setback is measured perpendicularly from the applicable property line to the closest point of the sign or sign structure.
Calculation of Sign Setback
(Ord. 23-23)
156.03 SUMMARY TABLE OF ALLOWED SIGNS. Revised 1/24
Table 156-01, Summary Table of Allowed Signs, catalogs the types of permitted signs, both permanent and temporary, and indicates whether such sign requires a sign permit. This table is provided for reference purposes only. In the case of any conflict with the regulations of this chapter and the ordinance codified in this chapter, the specific sign regulations control over this table. Permanent off-premises signs, also called billboards, are not included in this table and are regulated by Chapter 154.
Sign Type (Section Reference) |
No Permit Required |
Permit Required |
Permissions |
---|---|---|---|
A-Frame Sign (156.07(A)) |
✔ |
|
Nonresidential and mixed-use development in nonresidential, SU, and H-1 districts |
Arcade Sign (156.08(B)(2)) |
|
✔ |
Nonresidential and mixed-use development in all districts |
Attention-Getting Device (156.08(A)) |
|
✔ |
Nonresidential and mixed-use development in the nonresidential and SU districts |
Awning Sign (156.08(B)(3)) |
|
✔ |
Multifamily dwellings, nonresidential development, and mixed-use development in all districts |
Blade Sign (156.08(B)(4)) |
|
✔ |
Nonresidential and mixed-use development in the nonresidential, SU, and H-1 districts |
Canopy Sign – Nonstructural (156.08(B)(5)(a)) |
|
✔ |
Multifamily dwellings, nonresidential development, and mixed-use development in all districts |
Canopy Sign – Structural (156.08(B)(5)(b)) |
|
✔ |
Attached: Multifamily dwellings, nonresidential development, and mixed-use development in all districts |
|
|
Freestanding: Gasoline service stations, drive-through window restaurants, and drive-through facilities in all districts |
|
Drive-Through Sign (156.08(C)) |
|
✔ |
Drive-through window restaurants and drive-through facilities in all districts |
Electronic Message Sign (156.08(D)) |
|
✔ |
Nonresidential and mixed-use development in the nonresidential and SU districts |
For the following uses in all districts: cultural facilities, educational facilities, parks, places of worship, or similar uses |
|||
Gasoline service stations in any district, to display copy that is required to be displayed by law |
|||
Flag (156.07(G)) |
✔ |
|
All districts |
Freestanding Sign, Monument (156.08(F)(2)) |
|
✔ |
Multifamily dwellings, nonresidential development, and mixed-use development in all districts |
Freestanding Sign, Pylon (156.08(F)(3)) |
|
✔ |
Nonresidential and mixed-use development in the nonresidential and SU Districts, with the exception of the NC and O-1 Districts |
Gateway Sign (156.08(E)) |
|
✔ |
Nonresidential and mixed-use development in the nonresidential, SU, and H-1 districts |
Government Sign (156.07(F)) |
✔ |
|
All districts |
Marquee Sign (156.08(G)) |
|
✔ |
Nonresidential and mixed-use development in the C-1, C-2, O-1, M-1, and SU districts |
Multi-Tenant Commercial Center Sign (156.08(F)(4)) |
|
✔ |
Multi-tenant commercial centers in all districts |
Residential Subdivision Sign (156.08(F)(5)) |
|
✔ |
Residential subdivisions in all districts |
Right-of-Way Sign (156.08(H)) |
|
✔ |
Within the public right-of-way, subject to standards |
Sign for Cultural or Historical Site (156.07(D)) |
✔ |
|
Sites or buildings with cultural or historical significance in all districts |
Sign for Multiple-Tenant Building Entry (156.07(H)) |
✔ |
|
Multifamily dwellings, nonresidential development, and mixed-use development with multiple tenants in all districts |
Sign for Nonresidential or Mixed-Use Construction Activity (156.07(C)) |
✔ |
|
Sites where active nonresidential or mixed-use construction is taking place in all districts |
Sign for On-Site Repair, Renovation, or Improvement (156.07(I)) |
✔ |
|
Sites where on-site repair, renovation, or improvements are taking place in all districts |
Sign for Parking Lot or Structure Circulation Point (156.07(J)) |
✔ |
|
Parking lots and structures in all districts |
Sign for Real Estate Activity (156.07(K)) |
✔ |
|
Sites where a structure or lot is offered for sale, lease, or rent in all districts |
Sign for Residential Construction Activity (156.07(B)) |
✔ |
|
Sites where active residential construction is taking place in all districts |
Sign on Gas Pump Island (156.07(E)) |
✔ |
|
Gasoline service stations in all districts |
Wall Sign, Painted (156.08(B)(7)) |
|
✔ |
Nonresidential and mixed-use development in all districts |
Wall Sign, Projected (156.08(B)(8)) |
|
✔ |
Nonresidential and mixed-use development in the nonresidential and SU districts |
Wall Sign, Standard (156.08(B)(6)) |
|
✔ |
Nonresidential and mixed-use development in all districts |
Window Sign (156.07(L)) |
✔ |
|
Nonresidential and mixed-use development in all districts |
Yard Sign (156.07(M)) |
✔ |
|
All residential districts |
(Ord. 23-23)
156.04 GENERAL STANDARDS. Revised 1/24
All signs constructed, erected, modified, or altered shall comply with the following standards:
(A) Exceptions. All signs constructed, erected, modified, or altered shall comply with the standards of this chapter, whether such signs do or do not require a sign permit, except for those items listed in this section. The following signs are not regulated by this chapter:
(1) Signs within a building or enclosed space within a development that are not visible from a public right-of-way.
(2) Any required public notice, sign, or warning installed by federal, state, or local governments.
(3) Logos and labels located on mechanical equipment, recycling bins, trash containers, and similar equipment, which are part of the equipment as manufactured and/or installed.
(4) Works of art that do not contain a commercial message.
(5) Holiday decorations that do not contain a commercial message.
(B) Location restrictions.
(1) No sign may be erected in a location that violates the building code, fire code, and other applicable city codes or ordinances.
(2) No sign is permitted within the clear sight triangle as established within Chapter 154.
(3) Only signs that have been placed by or authorized by the federal government, state government, or the city may be installed on public property. Any sign installed on public property, including rights-of-way, without prior authorization, will be removed by the city without notice and may be disposed of.
(4) No permanent sign may be erected on private property without the consent of the property owner or his/her authorized agent. Any sign installed on private property without authorization may be removed by the property owner without notice and may be disposed of.
(5) No sign may be erected in a manner that obstructs access to any ingress or egress, fire escapes, fire hydrants, fire department connections, or standpipes and similar fire safety connections.
(C) Audio components. Audio components are prohibited as part of any sign, except for the following:
(1) Drive-through sign. For drive-through signs, including signs in individual stalls at drive-in restaurants, the audio component is limited to communication between the customer and the restaurant staff taking orders.
(2) Signs owned and/or operated by a government agency.
(3) Permitted gas station pump video screens.
(D) Illumination. In addition to the standards below, all outdoor lighting shall comply with Chapter 159 and the State of New Mexico Night Sky Protection Act. In the case of a conflict, the more stringent requirement shall apply.
(1) Any sign illumination, including gooseneck reflectors, external illumination, and internal illumination, shall be designed, located, shielded, and directed to prevent the casting of glare or direct light upon roadways and surrounding properties, and prevent the distraction of motor vehicle operators or pedestrians in the public right-of-way.
(2) The sign face of internally illuminated signs shall function as a filter to diffuse illumination. The sign face shall cover all internal illumination components so that no exposed bulbs are visible.
(3) All external illumination of a sign shall concentrate the illumination upon the printed area of the sign face.
(4) The use of bare bulbs as external illumination is only permitted for marquee signs.
(5) No sign illumination may be combined with reflective materials, such as mirrors, polished metal, or highly glazed tiles, which would increase glare.
(6) The maximum allowable illumination measured at the property line is one lumen per square foot (one foot-candle), unless such signs are allowed to extend over the property line, where the maximum allowable illumination is measured at the back of curb or edge of pavement.
(7) For electronic message signs, the maximum brightness is limited to 5,000 nits when measured from the sign’s face at its maximum brightness, during daylight hours, and 500 nits when measured from the sign’s face at its maximum brightness between dusk and dawn, i.e., the time of day between sunset and sunrise. The sign shall have an ambient light meter and automatic or manual dimmer control that produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one-half hour before sunset and one-half hour after sunrise.
(E) Construction standards.
(1) Supports and braces shall either be designed as an integral part of the overall sign or obscured from public view to the extent feasible.
(2) All signs attached to a building shall be installed and maintained so that wall penetrations are watertight and the structure does not exceed allowable stresses of supporting materials.
(3) All signs shall be designed and constructed in compliance with the building code, electrical code, and all other applicable codes and ordinances.
(4) Glass comprising any part of a sign shall be safety glass.
(5) Conduits, raceways, and other components of a sign illumination system shall be designed as an integral part of the overall sign structure and obscured from public view to the extent technically feasible.
(F) Permitted materials for signs.
(1) Permanent sign structures shall be constructed of durable materials such as brick, wood or simulated wood, stone, concrete, metal, plastic, or high-density urethane (HDU) foam board or similar durable foam construction. Solid awnings and structural canopies shall be constructed of permanent building materials.
(2) Awning, canopy, blade, and wall signs may also be constructed of durable weather resistant material such as canvas, nylon, or vinyl-coated fabric.
(3) Wall, awning, canopy, and blade signs constructed of material shall be mounted within a frame so that they are held taut between all support posts.
(G) Required maintenance.
(1) All signs shall be kept in a safe and well-maintained condition and appearance, and shall be repainted or otherwise maintained by the property owner or business owner to prevent corrosion or deterioration caused by the weather, age, or any other condition.
(2) All signs shall be maintained to prevent any kind of safety hazard, including faulty or deteriorated sign structures, a fire hazard, or an electrical shock hazard.
(3) All unused sign hardware or wiring shall be removed.
(4) No sign frame may remain unfilled or allow any internal part or element of the sign structure to be visible.
(5) If a sign is maintained in an unsafe or unsecured condition, it shall be removed or the condition corrected. If the sign is not removed or the condition is not corrected within the required time period, the city may enforce this order through applicable enforcement procedures.
(6) The city may remove any sign that is creating an imminent danger of significant harm to persons or property summarily and without notice. The owner of such sign is responsible for all costs of removal. The method for collection of costs may include, but shall not be limited to, a lien pursuant to Sections 3-36-1 through 3-36-7 NMSA 1978.
(7) Where possible by the design of a sign structure, the owner of a permanent sign that becomes obsolete after the associated activity or use is discontinued or abandoned shall remove all sign copy from the sign structure and the panels shall be removed and replaced with a blank panel. This requirement is not satisfied by reversing (i.e., turning such copy so that it faces inward), painting over, covering with vinyl or other fabric, or other means of obfuscating such copy.
(8) Any activity that increases the sign area, sign height, or any sign dimension, or moves the location of a sign, requires a sign permit.
(9) The following maintenance activities are exempt from requiring a sign permit. All other maintenance and alterations to a sign require a permit.
(a) Painting, cleaning, or other normal maintenance and repair of a sign. This does not include any structural changes or any changes in the electrical components of the sign, including the removal or replacement of electrical components.
(b) Changing the copy of a changeable message sign.
(H) Permanent off-premises signs. Permanent off-premises signs are considered billboards, which are a distinct land use, and are subject to the regulations of Chapter 154.
(Ord. 23-23)
156.05 SIGN PERMIT. Revised 1/24
No sign, unless specifically identified as exempt by this chapter, may be erected, constructed, altered, or relocated without first obtaining approval of a sign permit in accordance with the following.
(A) Authority. The Director of Development Services or their designee is responsible for determining compliance with this title and issuing a sign permit.
(B) Approval procedure.
(1) A complete application for a sign permit, as well as any submittals required as a component of the application, shall be submitted to the Director of Development Services or their designee. If the party submitting the application does not own the subject property, the property owner is required to submit written permission for the installation of the sign as a component of the application.
(2) Upon receiving an application for a sign permit, the Director of Development Services or their designee shall review it for completeness. If the application is determined to be incomplete, the applicant shall be notified in writing, specifying the deficiencies in the application.
(3) Following a determination of completeness, the Director of Development Services or their designee shall either:
(a) Approve the sign permit, if the application complies with all the requirements of these regulations and any other applicable codes.
(b) Deny the sign permit, if the application fails in any way to comply with the requirements of these regulations or any other applicable codes. If the application is denied, the applicant shall be notified in writing, specifying the section or sections of these regulations or any other applicable codes with which the application is inconsistent.
(C) Fees. To obtain a sign permit, all fees in accordance with the city’s associated fee schedule shall be paid.
(D) Illegal signs.
(1) Illegally constructed signs. If a sign is constructed illegally without a required sign permit, the Director of Development Services or their designee will serve notice to the property owner that such sign shall be removed within 30 days of notice for permanent signs or seven days of notice for temporary signs. If the sign is not removed within the required period, the Director of Development Services or their designee may enforce this order through any remedies that are and as may from time to time be provided for or allowed by state law or municipal ordinances.
(2) Illegally placed signs. Any sign placed on public property or within the public right-of-way without authorization may be removed immediately and without notice.
(Ord. 23-23)
156.06 PROHIBITED SIGNS. Revised 1/24
The following sign types are specifically prohibited. All signs not expressly permitted by this chapter are also prohibited.
(A) Flashing signs, except as specifically permitted within this code.
(B) Moving signs whether illuminated or not, including any sign that rotates, revolves, or has any visible moving part, or any sign that gives the appearance of movement, including signs designed to be moved by wind or other natural elements. This excludes clocks and barber poles.
(C) Portable signs, not including A-frame signs.
(D) Roof signs.
(E) Strobe lights, moving or fixed spotlights, floodlights/searchlights.
(F) Signs that constitute a traffic hazard, including signs that:
(1) Interfere with, obstruct the view of, or may be confused with any authorized traffic sign, signal, or device because of its position, shape, or color, including signs illuminated in red, green, or amber color.
(2) May be confused with any public safety lighting, including signs illuminated in red and blue colors.
(3) Mislead, interfere with, or confuse traffic.
(G) Temporary off-premises signs. Also known as push signs, bandit signs, and snipe signs.
(H) Vehicle signs. This prohibition does not include signs painted on or applied to vehicles, trucks, or buses that are being operated and stored in the normal course of business, such as signs located on delivery trucks, moving vans, and rental trucks; provided, that the primary purpose of such vehicles is not the display of such sign, and that they are properly parked or stored in areas related to their use as vehicles and all such vehicles are in operable condition. This does not include vehicle for-sale signs.
(I) Video display screens.
(Ord. 23-23)
156.07 SIGNS EXEMPT FROM PERMIT. Revised 1/24
(A) A-frame sign.
(1) A-frame signs are permitted for nonresidential and mixed-use development in the city’s nonresidential districts, and the SU and H-1 Districts.
(2) One A-frame sign is permitted per establishment, including one for each tenant in a multi-tenant development. A minimum separation of 15 feet is required between A-frame signs.
(3) A-frame signs shall be located within 15 feet of the primary entrance of the business, and shall not interfere with pedestrian traffic or violate any standards of accessibility as required by ADA or other accessibility codes.
(4) A-frame signs are limited to six square feet in area per side, and shall be no taller than four feet in height.
(5) A-frame signs may be displayed outdoors during business hours only. At all other times, the signs shall be stored indoors.
(6) A-frame signs shall not be displayed outdoors when severe wind, rain, or other weather conditions may pose a hazard.
(7) Illumination of A-frame signs is prohibited.
(8) No A-frame sign may have any type of electronic component.
A-Frame Sign
(B) Sign for residential construction activity. Where active residential construction is taking place, a temporary sign is permitted subject to the following:
(1) One sign is permitted at each entrance to a residential subdivision or master planned community from a street classified as a collector or arterial.
(2) Signs shall be designed as freestanding signs, wall signs, or signs on a fence, and shall be located a minimum of five feet from any property line.
(3) Signs are limited to 32 square feet in area, and six feet in height.
(4) Illumination of signs is prohibited.
(5) Signs shall be removed once construction within the residential subdivision or master planned community is complete.
(C) Sign for nonresidential or mixed-use construction activity. Where active nonresidential or mixed-use construction is taking place, a temporary sign is permitted subject to the following:
(1) One sign is permitted per street frontage.
(2) Signs shall be constructed as freestanding signs, wall signs, or signs installed on a fence.
(3) The total square footage of signs on a lot shall not exceed 64 square feet, unless located on a single parcel 20 acres or more in size, in which case the total square footage shall not exceed 128 square feet.
(4) Individual signs are limited to 32 square feet in area. When freestanding, signs are limited to six feet in height and shall be located a minimum of five feet from any property line.
(5) In lieu of a freestanding sign, wall sign, or sign installed on a fence, a wrap sign may be used to wrap the fence or the structure under construction. A wrap sign requires review and approval during site plan review. Such wrap sign shall be made of mesh or similar material. There is no maximum square footage limitation for a wrap sign.
(6) Illumination of signs is prohibited.
(D) Sign for cultural or historical site. Sites or buildings with cultural or historical significance are permitted a permanent sign, subject to the following:
(1) Signs on culturally or historically significant sites or buildings are limited to one sign per street frontage.
(2) Signs on culturally or historically significant sites or buildings may be constructed as freestanding signs or wall signs as follows:
(a) Signs are limited to six square feet.
(b) Freestanding signs are limited to four feet in height and shall be located a minimum of five feet from any property line.
(c) Wall signs shall be placed to be an integral part of the structure, cut into stone or masonry, or be a permanently affixed plaque of metal or other durable material.
(E) Sign on gas pump island. A maximum of one sign mounted on each gas station pump island is permitted and is limited to two square feet in sign area. All such signs shall be oriented to face the vehicle parked at the pump.
(F) Government sign.
(1) Government signs are allowed in all districts and in any number, configuration, or size.
(2) In all districts, the type and extent of illumination required is at the discretion of the authorized government agency.
(G) Flag. Flags are permitted in all districts.
(1) Flags may be freestanding or wall mounted. There is no limit on the number of flags permitted.
(2) There is no limit on the size of flags.
(3) All flagpoles shall conform to the standards established within Chapter 154.
(4) Flags may be externally illuminated, and shall comply with Chapter 159 and the State of New Mexico Night Sky Protection Act.
(H) Sign for multiple-tenant building entry. Multifamily dwellings, nonresidential development, and mixed-use development with multiple tenants in all districts are permitted a permanent sign at each building entry, subject to the following:
(1) A maximum of one sign is allowed per building entry.
(2) Signs may be constructed as either freestanding signs or wall signs.
(3) Signs are limited to eight square feet in area.
(4) Freestanding signs are limited to six feet in height, and shall be located within five feet of the building entry, and a minimum of five feet from any property line.
(5) Wall signs shall be installed within five feet of the building entry.
(I) Sign for on-site repair, renovation, or improvement. On lots where on-site repair, renovation, or improvements are taking place, a temporary sign is permitted. Such temporary signs are subject to the following:
(1) A maximum of one sign per lot is permitted.
(2) Signs are permitted in all districts on sites with active repair, renovation, or improvement projects.
(3) Signs may be installed only after approval of a permit for the repair, renovation, or improvement activity. Signs shall be removed upon the completion of the repair, renovation, or improvement activity.
(4) Signs may be constructed as freestanding signs, subject to the following:
(a) Signs are limited to a maximum of eight square feet in area and six feet in height.
(b) Signs shall be located a minimum of five feet from any property line.
(c) Signs may not be illuminated.
(J) Sign for parking lot or structure circulation point. Parking lots and structures in all districts are permitted permanent signs at parking lot and/or structure circulation points in accordance with the following:
(1) Circulation points include, but are not limited to, entrances/exits, driveway intersections, drive-through lanes, fire zones, and parking lot drive aisles.
(2) Signs are limited to a maximum of four square feet in area and five feet in height.
(3) Freestanding parking lot or structure circulation point signs shall be located a minimum of five feet from any right-of-way line.
(4) Signs for parking lot or structure circulation points may be internally or externally illuminated.
(K) Sign for real estate activity. When a structure or lot is offered for sale, lease, or rent, a temporary real estate activity sign is permitted on such lot as follows:
(1) Signs are permitted in all districts, and shall be located on the lot offered for sale, lease, or rent, or at the entrance of a new residential subdivision.
(2) Signs are limited to one sign per street frontage, except for new residential subdivisions which are limited to one sign.
(3) Signs may be constructed as freestanding, wall, or window signs, apart from those for new residential subdivisions which shall be freestanding. Freestanding signs shall be located a minimum of five feet from any property line.
(4) Signs are subject to the following maximum sign area limitations:
(a) Residential districts, A-R, OS, PR, T-Z: eight square feet.
(b) Nonresidential, SU and H-1 districts (not including M-1 or BP): 32 square feet.
(c) M-1 and BP districts: 40 square feet.
(d) New residential subdivision of three lots or more (any district): 32 square feet.
(5) Freestanding signs are limited to six feet in height.
(6) Signs for real estate activity may not be illuminated.
(7) Signs shall be removed within five days of final closing, lease, or rental.
(L) Window sign.
(1) Window signs are permitted for nonresidential and mixed-use development in all districts.
(2) All window signs, whether temporary or permanent, are limited to no more than 50% of the surface of each window area. Window area is measured as a continuous surface until divided by an architectural or structural element. Mullions are not considered an element that divides window area.
(3) Internally illuminated window signs are permitted, but are limited to a maximum area of six square feet or 30% of the surface of the window area, whichever is less. Such illuminated signs may not contain an animated or flashing component, and may not strobe.
(4) Window displays of items sold on the premises are not considered window signs.
Window Sign
(M) Yard sign. Yard signs are permitted in all residential districts.
(1) There is no limit on the number of signs permitted; however, the maximum total sign area may not exceed 32 square feet.
(2) Individual signs are limited to a maximum of eight square feet in area and six feet in height.
(3) Yard signs shall be located a minimum of five feet from any right-of-way line.
(4) No sign may be illuminated.
(5) Signs shall not be used for any on-premises or off-premises advertising.
(Ord. 23-23)
156.08 SIGN PERMIT REQUIRED. Revised 1/24
This section describes the types of signs allowed with a sign permit. Specific regulations for each sign type may include further restrictions pertaining to which districts and/or uses within a district may utilize these sign types.
(A) Attention-getting device. Attention-getting devices are permitted as temporary signs for nonresidential and mixed-use development in the nonresidential and SU districts.
(1) Attention-getting devices are limited to the following display periods:
(a) When used in coordination with an event, attention-getting devices are permitted a total display period of seven days prior to the start of the event, the duration of the event, and three days following the end of the event.
(b) When not in coordination with an event: 15 days.
(c) Four display periods per year are permitted, with a minimum of 30 days required between successive display periods.
(2) Attention-getting devices for multi-tenant sites are subject to the following:
(a) Each tenant establishment with ground floor frontage in a multi-tenant structure may have one freestanding and one wall-mounted attention-getting device installed or mounted simultaneously.
(b) The display period and minimum 30-day interval between displays applies to each tenant establishment individually, rather than the site as a whole.
(3) Freestanding attention-getting devices are subject to the following:
(a) Freestanding attention-getting devices are allowed at a ratio of one attention-getting device for every 25 linear feet of street frontage. Where a structure or tenant space has less than 25 linear feet of street frontage, one attention-getting device is permitted. There shall be a 15-foot separation between freestanding attention-getting devices.
(b) Freestanding attention-getting devices are limited to a maximum height of 10 feet and 32 square feet in area. If designed as a balloon or inflatable sign, a freestanding attention-getting device is limited to a maximum of 15 feet in height, including any tethering.
(c) Freestanding attention-getting devices shall be located a minimum of five feet from the property line, as measured from the outermost portion of the sign. No part of a freestanding attention-getting device may extend over the property line.
(4) Wall-mounted attention-getting devices are limited to 60 square feet, and may not exceed the height of the ground floor of the structure. Wall-mounted attention-getting devices for multi-tenant structures are limited to 32 square feet per tenant establishment.
Attention-Getting Device
(B) Building-mounted signs.
(1) General regulations.
(a) The following are considered building-mounted signs: permanent arcade signs, awning signs, blade signs, canopy signs, standard wall signs, and painted or projected wall signs.
(b) Single-tenant structures are permitted a maximum building-mounted sign area of two square feet per one linear foot of building length or 50 square feet, whichever is greater. Multi-tenant structures are permitted a maximum building-mounted sign area of two square feet per one linear foot of frontage per ground-floor tenant, or 50 square feet per ground-floor tenant, whichever is greater.
(c) Building-mounted signs may be used in any quantity or combination, so long as the total permitted square footage is not exceeded and all individual signs conform to the specific provisions per sign type established in subsections (B)(2) through (B)(8) of this section.
(2) Arcade sign.
(a) Arcade signs are permitted for nonresidential and mixed-use development in all districts.
(b) Arcade signs shall be located beneath, and shall be securely attached to, an arcade, gallery, covered porch or walkway, awning, or canopy.
(c) One arcade sign is permitted per building entry.
(d) Arcade signs shall maintain a minimum vertical clearance of seven and one-half feet from the surface above which the sign is mounted, and are limited to a maximum of 12 square feet in sign area.
(e) Arcade signs are not counted toward the maximum building-mounted sign area for single- or multi-tenant structures.
Arcade Sign
(3) Awning sign.
(a) Awning signs are permitted for multi-family dwellings, nonresidential development, and mixed-use development in all districts.
(b) Awning signs shall maintain a minimum vertical clearance of seven and one-half feet from the surface above which the sign is mounted.
(c) Awning signs may encroach into the public right-of-way, but shall be located at least two feet from a curb line.
(d) Sign copy on any awning sign is limited to 25% of each awning surface area (front, sides, valance).
(e) Awning signs shall be constructed of durable, weather-resistant material such as, but not limited to, canvas, canvas-like material, nylon, vinyl-coated fabric, or permanent building material such as metal.
(f) Solid, nontextile awnings are permitted lettering attached to and located either above or below the awning to a maximum height of 18 inches. If attached below the awning, a minimum vertical clearance of seven and one-half feet shall be maintained from the bottom of the lettering to the surface above which it is mounted.
(g) Awning signs may be externally illuminated. Any illumination of an awning sign shall be focused on the sign copy or printed area. Back-lit awnings are prohibited.
Awning Sign
(4) Blade sign.
(a) Blade signs are permitted for nonresidential and mixed-use development in the nonresidential, SU and H-1 districts.
(b) One blade sign is permitted per establishment with ground-floor frontage on a street or public plaza.
(c) Blade signs are limited to 12 square feet, and may project a maximum of three feet from the facade.
(d) Blade signs shall maintain a minimum vertical clearance of seven and one-half feet from the surface above which the sign is mounted. No blade sign affixed to a building may project higher than the ground floor, including the sign support structure.
(e) Blade signs may be internally or externally illuminated.
Blade Sign
(5) Canopy sign. Canopy signs are divided into two types: nonstructural and structural.
(a) Nonstructural canopy signs.
1. Nonstructural canopy signs are permitted for multifamily dwellings, nonresidential development, and mixed-use development in all districts.
2. Nonstructural canopy signs shall maintain a minimum vertical clearance of seven and one-half feet.
3. Nonstructural canopy signs may encroach into the public right-of-way but shall be located at least two feet from the curb line. Support posts shall maintain a minimum separation of five feet between posts and five feet between the posts and any building wall.
4. Sign copy on any canopy sign is limited to 25% of each surface area (front, sides, valance).
5. Nonstructural canopy signs may be externally illuminated. Any illumination shall be focused on the sign copy or printed area. Backlit canopies are prohibited.
Nonstructural Canopy Sign
(b) Structural canopy signs.
1. Permissions for structural canopy signs. Structural canopy signs are permitted as follows:
a. Structural canopy signs attached to the principal structure are permitted for multifamily dwellings, nonresidential development, and mixed-use development in all districts.
b. Freestanding structural canopy signs are permitted for gasoline service stations, drive-through window restaurants, and drive-through facilities in any district.
2. Structural canopy signs attached to principal structure. Structural canopy signs attached to the principal structure are subject to the following:
a. Canopy signs attached to the principal structure may encroach into the public right-of-way but shall be located at least two feet from a curb line.
b. Support posts shall maintain a minimum separation of five feet between posts and five feet between the posts and any building wall.
c. Canopy signs attached to a building shall maintain a minimum vertical clearance of seven and one-half feet.
d. For structural canopies attached to a principal building, sign copy is limited to 25% of each surface area. Such signs are permitted lettering attached to and located either above or below the canopy to a maximum height of 18 inches. If attached below the canopy, a minimum vertical clearance of seven and one-half feet shall be maintained from the bottom of the lettering to the surface above which it is mounted.
e. Structural canopy signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign copy or printed area.
Structural Canopy Sign Attached to Principal Structure
3. Freestanding structural canopy signs. Freestanding structural canopy signs are subject to the following. Such signs are exempt from the calculation of total building-mounted sign area.
a. Freestanding structural canopy signs are subject to the setback requirements of the district where they are located or 10 feet from any property line, whichever is greater.
b. Freestanding structural canopy signs are limited to a maximum height of 25 feet. Height is measured to the top of a flat roof or to the average height between the eave and the ridge of a pitched roof.
c. For freestanding structural canopies, sign copy is limited to a maximum of 25% of the area of each facade. No sign may be mounted above the top of the roof of the structural canopy, but a sign mounted on the structural canopy facade may extend a maximum of six inches above the roofline.
d. Freestanding structural canopy signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign copy or printed area. Freestanding structural canopies are permitted an illuminated band along each facade of the canopy, which is limited to 10% of the overall height of the facade of the canopy.
Freestanding Structural Canopy Sign
(6) Wall sign, standard.
(a) Standard wall signs are permitted for nonresidential and mixed-use development in any district.
(b) Standard wall signs are permitted on all facades of a structure. On a site consisting of multiple structures, each structure is permitted wall signs per the regulations of this section. The square footage permitted for individual structures shall not be combined to create a larger sign on any one structure.
(c) For a single tenant structure, the maximum total wall sign area is one square foot per one linear foot of building wall where the wall sign(s) will be mounted or 50 square feet, whichever is greater. The square footage permitted for individual facades shall not be combined to create a larger sign on any one facade.
(d) For a structure that contains multiple tenants, each tenant that has exterior ground floor frontage is permitted a total wall sign area of one square foot per one linear foot of frontage or 50 square feet, whichever is greater. The square footage permitted for individual tenants shall be used only for each tenant frontage, and shall not be combined to create a larger sign along any tenant frontage.
(e) The number of individual wall signs on a facade is not limited; however, the cumulative sign area of all signs on a facade shall not exceed the maximum allowable total wall sign area per facade.
(f) Standard wall signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign face.
(g) Signs shall be safely and securely mounted to the building wall, and may project a maximum of 18 inches from the facade to which they are mounted.
(h) No wall sign affixed to a building, including any sign support structure, may project horizontally beyond the end of a wall, or vertically beyond the roofline of a flat-roofed structure, or the eave of a pitched-roof structure.
(i) On existing buildings, a parapet wall shall not be constructed for the sole purpose of increasing the allowable height of a wall sign. For new buildings, when a sign is mounted on a parapet wall, such parapet wall shall maintain consistency with the architectural design of the building, including building materials.
Wall Sign – Standard
(7) Wall sign, painted.
(a) Painted wall signs are permitted for nonresidential and mixed-use development in any district.
(b) Painted wall signs are permitted on each facade of a structure.
(c) Painted wall signs are limited to 50% of the facade on which they are painted, or 200 square feet, whichever is less. The square footage permitted for individual facades shall not be combined to create a larger sign on any one facade.
(d) Painted wall signs may be externally illuminated. If externally illuminated, the lighting shall be focused on the sign face.
(e) Painted wall signs shall not project more than one-quarter inch from a building wall.
(8) Wall sign, projected.
(a) Projected wall signs are exempt from the calculation of total building-mounted sign area.
(b) Projected wall signs are permitted for nonresidential and mixed-use development in the nonresidential and SU districts.
(c) Projected wall signs are limited to 50% of the facade onto which they are projected.
(d) Projected wall signs shall remain static and shall not flash, rotate, or move. No projected wall sign shall display video.
(e) Projected wall signs shall not direct glare onto adjacent properties.
(f) Projected wall signs shall not extend beyond the facade onto which they are projected.
(g) Projected wall signs shall not be projected over any other permanent or temporary sign, including painted wall signs.
(C) Drive-through sign.
(1) Drive-through signs are permitted for all drive-through window restaurants and drive-through facilities in any district.
(2) Drive-through signs are limited to a maximum of 70 square feet in area and 10 feet in height, and may comprise a mixture of separate freestanding signs, including preview boards installed at earlier points in the drive-through lane. The total square footage of all signs, however, shall not exceed 70 square feet.
(3) An additional 10 square feet of sign area is permitted for temporary signs affixed to the top or sides of a permanent drive-through sign.
(4) Drive-in restaurants, where customers park in designated stalls and remain in their vehicles to dine, are permitted one sign per parking stall. Such signs are limited to a maximum of 30 square feet in area per stall, and six feet in height. Signs may comprise a mixture of freestanding signs, and temporary signs such as promotions or special items affixed to the top or sides of a permanent sign. The total square footage of all signs, however, shall not exceed 30 square feet per stall.
(5) Any drive-through sign, including signs within stalls at drive-in restaurants, shall be located a minimum of 15 feet from any residential district property line, measured from sign face to property line.
(6) Drive-through signs, including signs within stalls at drive-in restaurants, may be internally illuminated, and may contain an electronic screen for interaction and verification with customers.
Drive-Through Sign
(D) Electronic message sign.
(1) Electronic message signs are permitted for the following:
(a) Nonresidential and mixed-use development in the nonresidential and SU districts.
(b) The following uses in any zoning district: cultural facilities, educational facilities, parks, places of worship or similar uses.
(c) Gasoline service stations in any district are permitted an electronic message sign to display any copy that is required to be displayed by law, such as fuel prices.
(2) Electronic message signs are limited to the following dimensions:
(a) Electronic message signs are limited to freestanding monument signs (subsection (F)(2) of this section) and multi-tenant commercial center signs (subsection (F)(4) of this section), and shall be integrated into a larger sign structure. The electronic component is limited to a maximum of 75% of the total area of the sign, or the limitations established in subsections (D)(2)(b) and (c) of this section, whichever is less.
(b) The electronic component of electronic message signs in the nonresidential and SU districts is limited to a maximum of 50 square feet, unless located immediately adjacent to or across a right-of-way from a residential district, in which case they are limited to a maximum of 30 square feet.
(c) The electronic component of electronic message signs in any district other than the nonresidential and SU districts is limited to a maximum of 30 square feet.
(3) Only one electronic message sign per lot is permitted. For the purposes of this regulation, a multi-tenant development comprising separate lots of record, including any out-lot parcels, is considered one lot.
(4) The sign structure shall contain permanent copy in addition to the electronic component, such that if the electronic component is turned off, the sign is not blank.
(5) Each message or image displayed on an electronic message sign shall be static for a minimum of eight seconds, and shall be complete, not continuing on a subsequent message.
(6) Electronic message signs shall display static messages only, with no animation or effects simulating animation or video. Transitions from one message to another shall appear instantaneous as perceived by the human eye. Any scrolling, flashing, blinking, fading, rolling, shading, dissolving, spinning, revolving, shaking, or any other effect that gives the appearance of movement to the message or any component of the sign is prohibited.
(7) For electronic message signs, the maximum brightness is limited to 5,000 nits when measured from the sign’s face at its maximum brightness during daylight hours, and 500 nits when measured from the sign’s face at its maximum brightness between dusk and dawn, i.e., the time of day between sunset and sunrise. The sign must have an ambient light meter and automatic or manual dimmer control that produces a distinct illumination change from a higher allowed illumination level to a lower allowed level for the time period between one-half hour before sunset and one-half hour after sunrise.
(8) All signs shall contain a default mechanism that will cause the sign to revert immediately to a black screen if the sign malfunctions.
(9) Electronic message signs shall not operate as an off-premises sign. This does not include public service messages.
Electronic Message Sign
(E) Gateway sign.
(1) Gateway signs are permitted for nonresidential and mixed-use development in the nonresidential, SU, and H-1 districts.
(2) One gateway sign is permitted per street frontage. Gateway signs shall be located over a main pedestrian entryway.
(3) Gateway signs may not project into, over, or otherwise encroach on a public right-of-way or easement.
(4) Gateway signs are limited to a maximum of 12 square feet in area and 12 feet in height. Signs shall maintain a minimum seven and one-half foot vertical clearance to allow for passage through the sign.
(5) Gateway signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign face.
Gateway Sign
(F) Ground signs.
(1) General regulations.
(a) The following are considered ground signs: freestanding monument signs, freestanding pylon signs, multi-tenant commercial center signs, and residential subdivision signs.
(b) Each lot is permitted one ground sign per street frontage. One additional ground sign is permitted where a street frontage exceeds 200 linear feet in length. A minimum of 50 feet separation is required between ground signs.
(c) All ground signs shall conform to the specific provisions per sign type established in subsections (F)(2) through (F)(5) of this section.
(2) Freestanding sign, monument.
(a) Freestanding monument signs are permitted for multifamily dwellings, nonresidential development, and mixed-use development in any district.
(b) Freestanding monument signs in residential districts are limited to a maximum of 40 square feet in area and eight feet in height.
(c) In all other districts, freestanding monument signs are limited to a maximum of 70 square feet in area and 10 feet in height, unless located immediately adjacent to or across a right-of-way from a residential district, in which case they are limited to a maximum of 60 square feet in area and 10 feet in height.
(d) A freestanding monument sign shall be designed so that the width of the top of the sign face is a minimum of 70% and a maximum of 130% of the width of the base, unless designed with decorative posts as follows:
1. To provide flexibility for freestanding monument sign installation on sites where the ground is not level, structural (nondecorative) posts may extend from the ground to support the sign. Such posts are limited to a maximum of one foot in height (measured to the bottom of the sign face) above the ground at the location of their installation.
2. Freestanding monument signs may be designed to include decorative posts as a component of the overall sign structure and design. Such posts are limited to a maximum of three feet in height (measured to the bottom of the sign face) above the ground at the location of their installation.
(e) Freestanding monument signs shall be set back a minimum of five feet from any property line, and may not project into, over, or otherwise encroach on a public right-of-way or easement.
(f) Freestanding monument signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign face.
Freestanding Monument Sign
(3) Freestanding sign, pylon.
(a) Freestanding pylon signs are permitted for nonresidential and mixed-use development in the nonresidential and SU Districts, with the exception of the NC and O-1 Districts.
(b) Freestanding pylon signs are limited to 150 square feet in area and 24 feet in height, unless located immediately adjacent to or across a right-of-way from a residential district, in which case they are limited to 60 square feet in area and 16 feet in height.
(c) Freestanding pylon signs shall maintain a minimum vertical clearance of seven and one-half feet from the bottom of the sign face to the surface of the ground below.
(d) Freestanding pylon signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign face.
Freestanding Pylon Sign
(4) Multi-tenant commercial center sign. The following standards apply to multi-tenant commercial center signs. Multi-tenant commercial centers of five or more acres are also required to submit a unified sign plan per the standards of Section 156.09.
(a) Multi-tenant commercial center signs are permitted for multi-tenant commercial centers in any district. A multi-tenant commercial center is a commercial development under unified control consisting of three or more separate commercial establishments sharing a common building, or which are in separate buildings sharing a common access/entranceway or parking area. For the purposes of this regulation, a multi-tenant development comprising separate lots of record, including any out-lot parcels, is considered one lot.
(b) Multi-tenant commercial centers are permitted one sign per street upon which the commercial center has frontage of 100 feet or more. No street frontage may have more than one multi-tenant commercial center sign.
(c) Multi-tenant commercial center signs shall be constructed as freestanding monument signs.
(d) Multi-tenant commercial center signs are limited to 100 square feet in area and 16 feet in height.
Multi-Tenant Commercial Center Sign
(5) Residential subdivision sign.
(a) Residential subdivision signs are permitted for residential subdivisions in all districts.
(b) One residential subdivision sign is permitted for each entry point into the subdivision development. A minimum separation of 200 feet is required between signs.
(c) Residential subdivision signs shall be constructed as freestanding monument signs, or mounted on/integrated into entry features such as decorative or retaining walls.
(d) Residential subdivision signs are limited to 150 square feet in area and 10 feet in height.
Residential Subdivision Sign
(G) Marquee sign.
(1) Marquee signs are permitted for nonresidential and mixed-use development in the C-1, C-2, O-1, M-1, and SU Districts.
(2) Marquee signs shall be supported solely by the building to which they are attached. No exterior columns or posts are permitted as supports.
(3) The roof of a marquee sign may not be used for any purpose other than to form and constitute a roof and shall be constructed of noncombustible material.
(4) Water from the roof of a marquee may not drain, drip, or flow directly onto the surface of a public right-of-way. Sufficient downspouts, drains, and gutters shall be installed as part of each marquee to prevent water from the roof of the sign from flowing onto the surface of a public right-of-way.
(5) Marquee signs shall be erected over a building entrance, and are limited to the width of the building entrance, plus an additional five feet on each side of the entrance doors.
(6) A marquee sign shall maintain a minimum vertical clearance of 10 feet from the surface above which it is mounted. The roof of a marquee sign shall not extend above any second-story windowsills, and shall not conceal or obscure any significant architectural features or ornamentation of the building to which it is mounted.
(7) Marquee signs may encroach into a public right-of-way, but shall be located a minimum of two feet from any curb line.
(8) Marquee signs are permitted lettering attached to and located above the roof of the sign to a maximum height of 48 inches.
(9) Marquee signs are permitted an electronic message component, subject to the standards of subsection (D) of this section for such signs. Marquee signs are also permitted a changeable message board as a component of the marquee structure. However, the marquee sign may include only one of these two components, not both.
(10) Marquee signs may be internally or externally illuminated. If externally illuminated, the lighting shall be focused on the sign face.
Marquee Sign
(H) Right-of-way sign. Right-of-way signs are permitted as temporary signs, subject to the standards below.
(1) Right-of-way display permit required. It is unlawful for any person other than a city employee to place a sign in the public right-of-way without a valid right-of-way display permit. An individual may apply for either a weekend right-of-way display permit or a 60-day right-of-way display permit. An individual may only have one active right-of-way display permit at a time.
(a) Weekend right-of-way display period.
1. Temporary signs may be posted on the weekends from Friday at 12:00 noon through Monday at 12:00 noon local time.
2. A maximum of 50 individual signs may be posted.
3. A weekend right-of-way display permit is valid for all weekends during one calendar month.
4. No more than 12 weekend right-of-way display permits may be issued to any person within a 12-month period.
5. A person may apply for up to four consecutive calendar months in advance for a weekend right-of-way display permit.
(b) Sixty-day display period.
1. Temporary signs may be posted in the right-of-way for up to 60 consecutive calendar days.
2. No more than three 60-day right-of-way display permits may be issued to any person within a 12-month period.
3. A maximum of 50 individual signs may be posted.
(2) Sign standards. Temporary signs displayed in the public right-of-way in accordance with a validly issued right-of-way display permit pursuant to this chapter shall conform with all of the following:
(a) Signs may be a maximum of eight square feet in sign area and three feet in height.
(b) All signs shall be constructed of semi-durable materials, such as but not limited to corrugated plastic, vinyl, acrylic, or similar and must be anchored to the extent possible to prevent movement of the sign. Anchoring of the sign may not be permanent in nature and shall not damage the property upon which it is placed.
(c) Signs shall not be affixed to or leaned against any street light, utility pole, traffic signal, fence, or other similar structure in the right-of-way. Signs shall not be posted in medians, traffic circles, or roundabouts.
(d) Signs shall not encroach on or interfere with any vehicular access point, or pedestrian access point.
(e) Permitted signs left in the right-of-way more than 48 hours after expiration of an applicable permit may be removed by the city.
(f) Nonpermitted signs or duly permitted signs placed in the right-of-way which violate any of the requirements of this chapter are subject to removal by the city at the expense of the responsible party.
(g) No sign may be placed in the clear sight triangle area of any signalized or unsignalized intersection; criteria is based on AASHTO’s “A Policy on Geometric Design of Highways and Streets.”
(Ord. 23-23)
156.09 UNIFIED SIGN PLAN. Revised 1/24
(A) General applicability.
(1) A unified sign plan shall be used to coordinate all signs within developments of significant size, establishing criteria to govern the design and construction of signs for current and future tenants.
(2) In any district, nonresidential and mixed-use development upon which more than one sign requiring a permit is proposed to be erected may elect or be required to submit a unified sign plan in accordance with the following:
(a) Single-tenant and two-tenant nonresidential or mixed-use developments of any size, and multi-tenant nonresidential and mixed-use developments less than five acres in size may submit a unified sign plan at the option of the applicant.
(b) Multi-tenant nonresidential and mixed-use developments, including multi-tenant commercial centers, are required to submit a unified sign plan if five acres or more in size.
(3) Unified sign plans shall be submitted and approved in accordance with this section.
(B) Applicability to existing development.
(1) For development existing as of January 1, 2024, that requires a unified sign plan under the regulations of this section, the property owner may optionally submit a unified sign plan for approval. Once such unified sign plan is approved per the process described in this section, it shall be kept on file with the Department of Development Services and all future signs shall comply with the approved unified sign plan. If a proposed sign is in compliance with the unified sign plan, the Director of Development Services or their designee will issue a sign permit.
(2) If a development existing prior to January 1, 2024, that requires a unified sign plan under the regulations of this section chooses to forego the submission of a unified sign plan, each future sign installed in the development shall comply with all standards of this chapter.
(C) Unified sign plan requirements. A unified sign plan shall provide details and specifications to establish a coordinated and consistent approach to all signs within a development. At a minimum, unified sign plans shall include the following:
(1) A site plan for all lots within the development on which signs will be located, at a scale of not less than one inch to 100 feet and including the location of all buildings, parking lots, driveways and landscaped areas. The site plan shall accurately indicate the number, location, and orientation of all signs for which a permit is being sought, and the anticipated location of future signs requiring a permit.
(2) A table or tables containing the following:
(a) The number and description of all signs within the development for which a permit is being sought, as well as future signs requiring a permit.
(b) Computation of the maximum total sign area and number of signs permitted on the development site by this code.
(c) Computation of the total sign area and number of signs being proposed, including dimensions of individual signs, maximum area, and maximum height.
(3) Specification of standards for consistency among signs within the development, including color scheme, lettering or graphic style, lighting, typical location of building-mounted signs, materials, and sign proportions.
(4) For each sign included in the unified sign plan for which a permit is being sought, the following shall be required:
(a) Sign elevation, including annotated dimensions and description of sign elements.
(b) For building-mounted signs, elevations including the location of each sign on the building face.
(c) Description of illumination proposed for each sign.
(D) Approval procedure. Unified sign plans shall be approved by the Planning and Zoning Board in accordance with the following:
(1) The applicant shall submit a unified sign plan to the Director of Development Services or their designee, who will review the unified sign plan and provide comment to the applicant. The applicant may modify the plan or submit the plan to the Planning and Zoning Board through the City Development Department. If the unified sign plan has not been modified per the comments of the Director of Development Services or their designee, a report detailing the comments will be forwarded to the Planning and Zoning Board with the unified sign plan.
(2) The Planning and Zoning Board will review the unified sign plan at a public meeting. The Board will approve, approve with conditions, or deny the unified sign plan.
(3) If the unified sign plan is approved with conditions, the plan shall be revised to comply with such conditions and be submitted to the Director of Development Services or their designee, who will verify that the revised unified sign plan complies with all required conditions.
(4) If the unified sign plan is denied by the Planning and Zoning Board, the applicant may choose to submit a new unified sign plan or appeal the decision to the Governing Body.
(5) Approved unified sign plans will be kept on file with the Director of Development Services. Following approval, no permanent sign shall be erected, placed or maintained except in conformance with the unified sign plan. If a proposed sign is in compliance with the unified sign plan, the Director of Development Services or their designee will approve the application through the standard permit process.
(E) Amendments to unified sign plans.
(1) The Director of Development Services or their designee may approve minor modifications to an approved unified sign plan, including modifications to sign dimensions of 10% or less, and relocation of a sign or signs to respond to final site engineering or building construction issues such as topography, drainage, underground utilities, structural safety, or pedestrian and vehicular circulation, when such relocation is deemed to maintain general compliance with the approved unified sign plan.
(2) Any modification not considered a minor modification requires resubmittal of a unified sign plan to be approved by the Planning and Zoning Board.
(F) Flexibility for unique properties, buildings, and sign designs. The unified sign plan may provide flexibility for properties that contain unique elements or requirements, such as those that may need more signage than is otherwise allowed (in size or in quantity), those that may require additional signage due to a unique orientation – such as adjacency to a major thoroughfare, or those that wish to include unique design elements such as signs with sculptural or place-making features.
(1) A unified sign plan may be approved by the Planning and Zoning Board with elements that exceed the permitted height, area, and/or number of signs specified in this chapter with the recommendation of the Director of Development Services or their designee. Such recommendation shall be based on findings in accordance with the following:
(a) The development contains unique or unusual physical characteristics such as topography, proportion, size or relation to a public street that would limit or restrict normal sign visibility.
(b) The development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing features that represent clear variation from conventional development.
(c) The proposed signage incorporates special design features such as sculptural or place-making elements, or logos, emblems, murals, or statuaries that are integrated with the building architecture.
(2) A recommendation to approve a unified sign plan with elements that exceed the standards of this chapter shall be forwarded from the Director of Development Services or their designee to the Planning and Zoning Board with the unified sign plan per the requirements of subsection (D) of this section.
(Ord. 23-23)
156.10 NONCONFORMING SIGNS. Revised 1/24
(A) A nonconforming permanent sign and sign structure may remain in use so long as they remain otherwise lawful and have not been damaged or destroyed to the extent of more than 50% of their value. A nonconforming permanent sign and sign structure that are damaged or destroyed to the extent of 50% or more of their value shall not be restored or repaired unless they conform to all applicable regulations of this code.
(B) Sign value, for the purposes of subsection (A) of this section, is determined by comparing a repair cost estimate of the damaged sign with an estimate of the cost of a new, identical sign. Sign owners shall supply such estimates to the Director of Development Services or their designee.
(C) Once a nonconforming sign and/or sign structure has been removed, it shall not be restored or repaired unless it conforms to all applicable regulations of this code.
(D) All temporary nonconforming signs shall be removed or brought into conformance within 60 days of the effective date of this chapter.
(E) The sign face of an existing nonconforming permanent sign may be replaced, but the structure shall not be altered to accommodate such change.
(F) No nonconforming sign and sign structure may be relocated, in whole or in part, to any other location on the same or another lot, unless the entire sign and sign structure conform to all regulations applicable to the lot where the sign is relocated.
(G) No nonconforming sign shall be altered or enlarged in a way that increases the nonconformity of the sign or sign structure. This does not include normal maintenance and cleaning, or changing of the sign face.
(Ord. 23-23)