§ 16-409. Dimensional and placement standards.

(a)

In general. This section and Table 16-409-t1 set forth regulations governing the types of signs, number, placement, and maximum dimensions for signs. These regulations shall apply to all signs regardless of whether or not a sign permit is required.

(1)

Address. Property identification signs shall list only the property's address, business name or name(s) of occupant(s), and shall only be wall mounted.

(2)

Animated sign and flashing lights. Not permitted (see also, EMC).

(3)

Banners (allowed one sign per parcel and up to one additional sign per 300 feet of street frontage). Banners, including "feather signs" vertical in design, may be displayed on buildings, tethered to existing private structures, or be self-supporting, freestanding signs subject to the following conditions:

a.

Banners shall not be secured to public buildings and structures or to public utilities, public signs, or public traffic control equipment;

b.

Banners that appear to be damaged, torn, or weathered shall be removed immediately; and

c.

Banners may be displayed for up to a 30-consecutive day period. Two such permits may be issued during the calendar year.

(4)

Billboards. Not permitted.

(5)

Building identification (residential building only, not including mixed use). Single-family attached homes and multi-family residential buildings may have a building identification sign in addition to property address signs and residential subdivision sign. Each building (or row of single-family attached homes) may have a building identification sign as either a freestanding sign, building mounted sign, or fence or wall mounted sign subject to the following conditions:

a.

In the case of a freestanding sign, the sign shall be set back at least two feet from any adjacent property line; and

b.

Freestanding signs, including fence signs, shall not exceed four feet in height.

(6)

Building identification (commercial and industrial buildings only). Commercial and industrial buildings may have a building identification sign in addition to property address signs. All building identification signs are subject to the following conditions:

a.

Only one sign per street frontage is allowable;

b.

Must be building mounted; and

c.

Shall not be roof mounted.

(7)

Canopy/awning (per facade or faced segment). In addition to allowable sign area for other types of building-mounted signs, buildings may incorporate signage areas on building awnings subject to the following conditions:

a.

Awning signs shall be limited to awnings on the ground floor level only;

b.

A facade or facade segment may have either one or more awning signs or a projecting sign, but not both;

c.

Awning signs shall not be backlit; and

d.

Awnings overhanging county sidewalks and rights-of-way shall require an encroachment permit.

(8)

Community event (public land). A temporary sign. These are signs that may be placed on property owned by the county, but not the public right-of-way, and are intended to promote or advertise upcoming community events. In general, the following are additional restrictions applied to signs that are allowed on public land (non-right-of-way):

a.

Time of display. Such signs and banners may be displayed for a period of two weeks prior to the event and one week thereafter, except that signs promoting recurring events shall be limited to one week prior to each event or activity and removed within two days thereafter.

b.

Location. Temporary community event signs may be allowed on public land throughout the county but only in locations designated by the community development department in consultation with the public works department.

c.

Size and height. Signs shall not exceed five feet in height, nor shall they be placed in a manner so as to become a safety hazard for vehicles, pedestrians and bicyclists.

d.

Permit issuing authority. The community development department director shall be responsible for the issuance of permits for community event signs on public land (non-right-of-way) and shall determine if such signs are in accordance with appropriate regulations.

(9)

Community event (public right-of-way). A temporary sign. These are signs that may be placed in the public right-of-way and are intended to promote or advertise upcoming community events. These signs are regulated as part of a program operated by the county. Another program the county operates is the overpass banner program, which has its own standards. These programs have their own requirements and restrictions so it is advisable that a potential applicant contact the county to obtain this additional information. In general, the following are additional restrictions applied to signs that are in the public right-of-way:

a.

Time of display. Such signs and banners may be displayed for a period of two weeks prior to the event and one week thereafter, except that signs promoting recurring events shall be limited to one week prior to each event or activity and removed within two days thereafter.

b.

Location. Temporary banners shall be allowed on overpasses over public rights-of-way, but only in the time, place and manner established by the county council. Other temporary community event signs may be allowed on public rights-of-way throughout the county but only in locations designated by the community development department in consultation with the traffic engineer.

c.

Size and height. No banner spanning a public right-of-way shall exceed 12 feet in length and four feet in width. Non-banner signs shall not exceed five feet in height, nor shall they be placed in a manner so as to become a safety hazard for vehicles, pedestrians and bicyclists.

d.

Permit issuing authority. The county manager shall assign responsibility for the issuance of temporary banners on overpasses over public rights-of-way. The community development department director shall be responsible for the issuance of permits for other types of community event signs.

(10)

Community event (private land). A temporary sign that may be placed on privately owned land with the following restrictions:

a.

Time of display. Such signs and banners may be displayed for a period of two weeks prior to the event and one week thereafter, except that recurring events shall be limited to one week prior to each event or activity and removed within two days thereafter.

b.

Location. Signs are allowed on privately owned property to the extent that no sign shall be placed in a manner that would be a safety hazard for vehicles, pedestrians, and bicyclists. All signs must be set back a minimum of five feet from front, side and rear property lines.

(11)

Construction/property development (per building). A temporary sign advertising property development or improvement and construction signs shall be allowed as follows:

a.

Signs advertising property development or improvements shall not be displayed prior to county approval of a site's development agreement with the county, a required master plan, subdivision, site plan, or special use permit, whichever comes first. Signs shall be removed after six months of no permitted physical development occurring on site.

b.

Signs advertising construction may be displayed in conjunction with an active building permit and shall be removed upon issuance of a certificate of occupancy.

(12)

Directional (private land). See Table 16-409-t1.

(13)

Directional (public/ROW-business directional signs). In an effort to assist businesses and organizations that do not have street frontage on an arterial road or Central Avenue, it is the county's intent to implement a way-finding program that will provide signage in the public rights-of-way. This program will also benefit the cultural and historic areas of town.

a.

Fee required. The county council will approve a fee structure for issuance and renewal of permits, as well as for replacement of damaged signs.

b.

Relationship to district identification signs. Where more than three businesses or organizations request a public right-of-way directional sign at a particular location, the director of public works and the community development department director may direct the applicants to apply instead for a district identification sign as authorized by subsection (14) hereto.

(14)

District identification. District identification signs shall be allowed in all districts when approved, designed, and placed in accordance with this section. District identification signs, upon planning and zoning commission approval, may be used to mark entrances to the county itself, or special areas within the county, having or intending to have a unique character or purpose. Examples of such districts may include but are not limited to historic districts, special shopping districts, and special open space or recreation districts. District identification signs may contain graphics and text including the names and logos of individual non-profit and for-profit organizations located within the district, but shall not contain specific commercial messages. District identification signs may be placed on public or private property and, if approved, may be exempt from placement and dimensional and design regulations otherwise contained in this article. For the purposes of this article, all district identification signs shall be considered to be on-premises signs.

a.

Planning and zoning commission approval. The planning and zoning commission shall hear and act upon the sign application according to the same procedures for special use permits, including appeals.

b.

Application information. Applications shall include a justification of the significance of the district; the need for the district sign; a vicinity map indicating all buildings, rights-of-way and structures that may be affected by the proposal; as well as a site plan showing the proposed sign or signs including proposed dimensions, design, sign text and graphics, and proposed colors and proposed materials. If the sign will require a building permit, applicants shall also meet with the community development department prior to application submission to determine if any special building code issues need to be addressed. Applications shall indicate the entities responsible for the funding, construction, and future maintenance of the sign. Each district shall require a separate application, but a district application may include more than one sign.

(15)

Election (public land/ROW)—Election campaign signs. Election campaign signs on designated public rights-of-way and public property shall be subject to the following restrictions:

a.

Applicant. Election campaign signs permits may be applied for by the candidate, a political party or an interested person or group. The applicant shall be responsible for compliance with all regulations.

b.

Time of display. The term of such a permit shall be for 60 days prior to any election, defined as the day of election. All such signs shall be removed within three days of the election.

c.

Locations. Temporary signs will be allowed on public rights-of-way and public land, but only in the time, place and manner established by the county council. Signs may be removed if not located in a designated area or is deemed to constitute a traffic or public safety hazard.

(16)

Election (private land).

(17)

EMC. Electronic message center signs are allowed as follows:

a.

Signs displaying only time and/or temperature.

b.

Electronic message center signage represents an emerging technology that can provide effective ways to convey messages. An EMC can reduce sign clutter by consolidating multiple messages into one sign face that relays multiple messages over a period of time. The EMC can also present a potential hazard and a potential nuisance to residential properties if not operated correctly. The following are conditions that an EMC must operate under:

1.

This EMC allowance shall only apply to freestanding signs.

2.

Unless otherwise restricted or permitted in this section, an EMC shall follow Table 16-409-t1 standards for a freestanding sign.

3.

Only one EMC sign is permitted per land parcel and shall count towards the total freestanding sign allowance.

4.

An EMC may only be a part of a freestanding sign that contains at least 50 percent non-EMC type signage.

5.

An EMC shall not exceed 50 percent of the area of a freestanding sign.

6.

Schools may have one EMC sign per school location. The sign will count towards the allowable freestanding sign standards for schools, and shall also not exceed 50 percent of the area of a freestanding sign.

7.

An EMC shall not be located within 100 feet of a road intersection.

8.

The EMC message or copy must not change more than once every eight seconds.

9.

Dynamic frame effect EMC signs are not permitted.

10.

Transitions between displayed messages shall use fade, dissolve, or similar, but may not use scrolling, travel, or similar transition which creates a sense of motion.

11.

No EMC shall have the appearance of flashing.

12.

All EMCs are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night.

13.

To the extent possible, an EMC shall be placed so that the message or copy is oriented away from areas or buildings used for residential purposes.

14.

Setbacks. All freestanding signs shall be set back from any adjacent property lines a minimum of five feet except that signs adjacent to a common line shared by a residentially zoned district (not including a mixed-use zone) shall be set back from that lot line by a distance at least equal to the height of the sign.

(18)

Flags, decorative.

(19)

Flags, commercial. Building-mounted flag poles and flags are allowed, subject to the following conditions:

a.

The top of building-mounted flag poles shall not extend above the roof line of buildings to which they are attached;

b.

The area of a commercial message or logo shall be counted toward the maximum sign number and area allowed for "projecting signs" on each facade or facade area; and

c.

Commercial flags shall not be permitted on freestanding flag poles.

(20)

Freestanding signs. This category includes pole/pylon signs and monument signs.

a.

Sign type. Pole and other types of freestanding signs are allowed in Sign areas 4 and 5. Only monument and pylons signs are allowed in Sign area 3.

b.

Churches, schools, non-residential primary land uses, multiple-family housing of five or more dwellings units on the same parcel and county-owned property.

1.

Sign areas 1 and 2—May only be monument style in sign areas 1 and 2. Height shall not exceed six feet. Sign size shall not exceed 25 square feet.

2.

Sign area 3—May only be monument or pylon style in sign area 3. Height shall not exceed eight feet. Sign size shall not exceed 25 square feet.

3.

Sign areas 4 and 5—May be pole, pylon, or monument style in sign areas 4 and 5. Allowable heights shall follow Table 16-409-t1 for sign areas 4 and 5.

c.

Monument signs are permitted in sign areas 1 and 2 on lots or parcels greater than three acres in size if the land use is permitted within the applicable zone. Height shall not exceed eight feet. Sign size shall not exceed 25 square feet.

d.

Number of signs allowed. Freestanding signs shall be limited to one per property held in single and separate ownership except for a property that has frontage on more than one street, in which case one such sign shall be permitted each separate street frontage. If a property has frontage that exceeds 300 lineal feet on any given roadway, an additional freestanding sign shall be permitted for each additional 300 lineal feet.

e.

Minimum distance between freestanding signs. The minimum distance between freestanding signs shall be 50 feet. This standard applies to signs on the same lot and on separate lots. Some situations may prevent this standard from being strictly applied. Rather than referring the applicant to the planning and zoning commission or board of adjustment to request a waiver from the standard, the applicant will present an administrative deviation application to the community development department director who may approve a sign that is closer than 50 feet, but only to the degree that allows the applicant to adequately erect a freestanding sign. The director may grant approval upon the subject property owner's written request and the director's written finding that granting such request will not result in any negative health, safety, or welfare impacts on the community or negatively impact a neighboring property. As with other decisions made by the director of CED, they are subject to appeal to the planning and zoning commission following article XI.

f.

Setbacks. All freestanding signs shall be set back from any adjacent property lines a minimum of five feet except that signs adjacent to a common line shared by a residentially zoned district (not including a mixed-use zone) shall be set back from that lot line by a distance at least equal to the height of the sign. Setback is measured from the closest part of the sign or sign structure to the lot line.

(21)

Garage sales. The standards for garage sale signs found in Table 16-409-t1 are for private property. Signs in the public right-of-way, while not expressly permitted, may be tolerated as long as signs are placed and taken down no more than one day before and after a garage sale. Signs may be removed at any time by the county if there is any obstruction or perceived danger to users of the public right-of-way. Garage sale signs shall not mimic any type of traffic management sign, e.g., stop sign, yield, etc. Signs shall not be affixed or hung from existing traffic sign posts, utility poles, or street light.

(22)

Hanging (per facade or facade segment). In addition to the allowable sign areas for other types of building-mounted signs, buildings may incorporate signs hanging from the underside of canopies, marquees, portals, arcades, and other similar architectural features.

(23)

Home occupation or home business. A home occupation or home business approved in accordance with the provisions of this chapter shall be allowed subject to the following conditions:

a.

No form of lighting is allowed.

b.

Where such a sign is freestanding, the sign height shall not exceed four feet and shall be located at least two feet back from any adjacent property line.

(24)

Hours of operation. See Table 16-409-t1.

(25)

Incidental commercial. See Table 16-409-t1 and definitions. These signs shall not be roof-mounted or projecting. These types of signs require no permit, but must adhere to the standards set forth herein.

(26)

Incidental residential (single family and duplex buildings). See Table 16-409-t1 and definitions. These signs shall not be roof-mounted or projecting. These types of signs require no permit, but must adhere to the standards set forth herein.

(27)

Incidental residential (multi-family building). See Table 16-409-t1 and definitions. These signs shall not be roof-mounted or projecting. These types of signs require no permit, but must adhere to the standards set forth herein.

(28)

Kiosks. Kiosks shall be allowed as follows:

a.

The kiosk shall be permanently anchored.

b.

The placement of the kiosk shall allow for unobstructed pedestrian passage of at least five feet on at least one side of the kiosk.

c.

There shall be no internal, or backlit lighting. Lighting shall be fully shielded.

d.

Allowable sign area. For cylindrical kiosks, sign area allowance shall be 24 square feet. For flat surface kiosks, area allowance shall be 16 square feet per face. Individually posted signs are not to exceed eight and one-half by 14 inches. Nor shall signs be arranged in a manner that creates the appearance of a sign larger than eight and one-half by 14 inches.

e.

Allowable sign height. Areas designated for individual sign placement shall not exceed six feet in height. The kiosk structure itself shall not exceed ten feet in height.

f.

The permit application shall include information on how the kiosk will be managed and maintained, enforceable as a condition of the permit.

g.

There shall be no fees due for the posting of information on the kiosk.

h.

Each person posting information may post up to two signs with non-commercial messages and one sign with a commercial message on each kiosk.

i.

There shall be a minimum distance of 300 lineal feet between sign kiosks on the same side of the street.

(29)

Menu boards. Treated as an auto-oriented sign type, these signs are permitted as follows:

a.

Allowable sign size and number of signs permitted.

1.

In sign area 3, one sign per establishment is allowed. The sign shall not exceed six square feet.

2.

In sign area 4 and 5, if under nine square feet, the allowable number signs will be based on number of parking spaces designed for food-to-car service.

3.

In sign area 4 and 5, one sign shall be permitted per drive-through lane, and each sign shall not exceed 20 square feet.

(30)

Off-premises. Off-premises commercial signs are prohibited on private property, and are permitted on public property only as otherwise specified herein.

(31)

Pennants, strings of lights, inflatable, and tethered balloons. Not permitted in any sign area.

(32)

Portable (per 50 feet of commercial frontage). Must be kept in good repair, and must be designed, printed, and constructed in a professional manner.

a.

The total number of portable signs shall not exceed one sign for each 50 feet of commercial frontage;

b.

Each sign shall be set back at least three feet from all adjacent property lines; and

c.

Signs shall not be illuminated and shall not be placed on rooftops.

(33)

Project identification (one per 250 feet of street frontage).

a.

Project identification signs. A master-planned development may have one project identification sign per 250 feet of street frontage along which the sign is located.

b.

Monument style. All project identification signs shall be of a monument style design.

c.

Setbacks. All freestanding signs shall be set back from any adjacent property lines a minimum of five feet except that signs adjacent to a common line shared by a residentially zoned district (not including mixed use zones) shall be set back from that lot line by a distance at least equal to the height of the sign.

(34)

Projecting (per facade or facade segment). In addition to allowable sign area for other types of building-mounted signs, buildings may incorporate conventional projecting signs (figure 16-418-1f), subject to the following condition:

a.

The bottom of any projecting sign shall be at least eight feet above the adjacent finished grade. The top of the sign shall not extend above the parapet or eaves of the facade on which it is located. Signs projecting into a public right-of-way or public land shall require an encroachment permit as a condition of approval.

(35)

Real estate, single family and duplex (sale, rent, or lease). Signs shall only be displayed during the period in which the rental lease or sale is actively being pursued. All for-rent, for-sale and for-lease signs shall be both portable and temporary.

(36)

Real estate, commercial, industrial, and multi-family (sale, rent, or lease). Sign shall only be displayed during the period in which the rental, lease, or sale is actively being pursued. All for-rent, for-sale and for-lease signs shall be both portable and temporary, subject to the following conditions:

a.

May be wall mounted in areas 3, 4, and 5, and for any multi-family structure with three or more units (in all sign areas), but never roof mounted.

b.

If freestanding, maximum height shall be per Table 16-409-t1.

(37)

Roof mounted. Prohibited.

(38)

Sandwich board. See table 16-409-t1. In areas where they are permitted, sandwich board signs may be allowed in the public right-of-way upon approval of the community development department director in consultation with the county traffic engineer. Permittees shall provide proof of insurance in an amount equal to that listed in the New Mexico Tort Claims Act and shall assume full responsibility for any and all damages incurred due to activities authorized by the permit. Where sidewalks are at least five feet wide, a five feet minimum clear path must be maintained from the nearest obstruction (e.g. street light, tree, etc.) Sandwich boards are not permitted where sidewalks are less than five feet wide. Sandwich boards must not be displayed during hours when a business is not open. Sandwich board signs may be placed a maximum distance of 15 feet from the main pedestrian entrance to the business the sign is associated with. However, in no case shall a business place a sandwich board sign in front of another business, including the entire facade.

(39)

Subdivision identification. Each residential subdivision may maintain permanent entry signs at each entry into the subdivision, subject to the following conditions:

a.

Entry signs shall be of the monument sign type or mounted on a wall or fence;

b.

Freestanding signs shall be set back at least two feet from any adjacent public right-of-way line; and

c.

In the case of multiple property ownership within the subdivision, all such signs shall be maintained by a property owners association.

(40)

Time and temperature (per lot). These signs are in addition to the EMC standards.

(41)

Transit shelters. Signage shall not exceed 25 percent of any wall of a transit shelter. Signage may be located on both the inside and outside of any wall.

(42)

Utility warning. Standards are as needed by Los Alamos County.

(43)

Vehicle signs and vehicle-mounted signs. Vehicle-mounted protruding signs shall be allowed as follows:

a.

The total number of vehicle mounted signs shall not exceed one sign per legal lot of record;

b.

Vehicle-mounted protruding signs shall be measured from the ground to determine height;

c.

Each sign shall be set back at least three feet from all adjacent property lines; and

d.

Flush-mounted vehicle signs are exempt from regulation.

(44)

Vending machines. See Table 16-409-t1.

(45)

Wall sign (flush mounted)/marquee (per facade or facade segment). This type of sign is prohibited in Areas 1 and 2 except for church and school land uses, which are permitted with restrictions (see below). All other sign areas using this type of signage shall follow the standard below.

a.

For each building facade or facade segment, the combined total area of all flush-mounted building wall signs per building side shall not exceed one and one-fourth square foot of sign area for each one lineal foot of facade or facade segment width up to 100 lineal feet, plus one-half square foot for each additional one lineal foot of width. (See figure in section 16-418). The maximum allowable combined area for all flush-mounted and marquee wall signs shall be in addition to the maximum area allowable for all other types of building-mounted signs as allowed by this section.

b.

For church and school uses within areas 1 and 2, the total sign area allowed for wall signs shall be calculated as one-half of the above standard.

(46)

Window (First story only, per facade or facade segment). Not to exceed 50 percent of total window area, including glass doors. Individual signs not to exceed six square feet.

(Ord. No. 02-227, § 2, 11-13-2012; Ord. No. 02-231, § 4, 7-26-2013; Ord. No. 02-250, § 2, 9-30-2014; Ord. No. 02-256, § 33, 7-7-2015)