Special Sign Regulations in the H Districts

Special Sign Regulations in the H Districts
14-8.10(H) as of 12/17/07

(1) Purpose
(a) The purpose of the sign regulations in this section is to establish and carry into effect regulatory procedures governing signs in Historic Districts of the City. These regulations pertain to permits, colors, texture and finish, materials and design, location and size. They are set forth to preserve the special qualities inherent in the City that attract tourists and residents alike and that are the basis of the City's economic stability and growth. Signs excessive in size, illumination and of commonplace design will defeat the purpose of the preservation of characteristic areas in this, the oldest capitol in the United States.
(b) In addition to the prohibition contained in this section, approval of the display of a sign in the Historic District shall be granted by the Division only when the signs and the plans conform to the unique and distinctive character of the City, do not injuriously affect the same and do not impair the value to the community of those buildings having architectural worth.
(2) Applicability
Signs in the following areas and districts shall comply with the additional sign regulations of this section 14-8.10(H), in addition to the general sign regulations of §14-8.10 above:
(a) All signs in the Historic Districts;
(b) All signs in RC districts;
(c) All signs in the RAC district; and
(d) All signs in the AC district.
(3) Number of Signs
The total number of signs allowed is as follows:
(a) For up to two business establishments on one premises, no more than three signs per business, the total area of which for any one business shall meet the size limitations for specific types of signs as set forth in this section, or 85 square feet, whichever is less, exclusive of free standing signs; and
(b) For three or more business establishments on one premises, no more than two signs per business, the total area of which for any one business shall meet the size limitations for specific types of signs as set forth in this section or 85 square feet, whichever is less, exclusive of free standing signs.
(4) Prohibited Locations
(a) No permanent signs shall be placed on a balcony, gallery, shed, roof, door or window or placed so as to disfigure or conceal any architectural features or details of any building, or painted on walls. No sign shall be displayed from any fence or wall or open lot unless it is deemed necessary to the conduct of a business by the Division, in which event a waiver of regulations can be allowed.
(b) Occupants may place notices of articles or services for sale, necessary to the conduct of their business, behind the glass of windows or doors; provided, that the signs are not more than one-third of the glass area on which they are exhibited or ten square feet, whichever is greater.
(5) Obstructing Ingress and Egress
No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
(6) Signs Not to Constitute Traffic Hazard
No sign or other advertising structure as regulated by this section shall be erected at the intersection of any street so as to obstruct free and clear vision; at any location where by reason of the position, shape or color it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop", "drive-in", "danger" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
(7) Goose Neck Reflectors
Goose neck reflectors and lights shall be permitted on projecting signs; provided, that the reflectors are provided with proper glass lenses concentrating the illumination on the area of the sign to prevent glare on the street or adjacent property.
(8) Spotlights and Floodlights Prohibited
It is unlawful for any person to maintain any sign that extends over public property that is wholly or partially illuminated by floodlights or spotlights.
(9) Advertising Permitted
No sign of any character shall be displayed in the Historic District unless it advertises a bona fide business conducted in or on the premises and the advertising of products shall not exceed 25 percent of the area of the sign.
(10) Illumination Restrictions
(a) No signs that flash, blink, revolve, or are otherwise in motion, vary in intensity or seem to be in motion shall be permitted.
(b) Illumination for each side of a projecting sign, if lighted by goose neck lights, shall be evenly distributed.
(c) Wall signs to be illuminated shall be so constructed as to have all illumination from behind each letter. No visible bulbs, neon tubing or other lighting shall be allowed.
(d) Electric signs may be placed inside windows and glass doors; provided, that their proportions are not in excess of the window area so allowed under paragraph (4) above.
(e) No electric outdoor lights placed in trees, shrubs, or other types of vegetation shall be allowed when publicly visible except during the traditional holidays.
(11) Color and Design
The effort of design of signs in the Historic District is to keep a moderate, attractive and compatible styling so as not to cause erratic or disturbing distractions from the architectural beauties of the City; therefore, color and design are left to the discretion of the applicant.
(12) Signs; Awnings, Flags, Banners
Awnings shall be of cloth or of other material acceptable to the Division. There shall be no advertising on awnings. Flags, banners, awnings, and such trappings shall not be permitted as advertising within the H-District. However, the name of a business may appear along the lower edge or fringe of the awning. In such cases, the awning shall count as one sign as allowed under §14-8.10(H)(3). The color of the awning shall be compatible with Santa Fe architectural style and shall not be obtrusive. (Ord. No. 2002-37 § 100)
(13) Sign Plans for New Construction of Buildings
Applicants submitting plans for new construction of buildings containing three or more businesses on the premises shall in addition to other information, submit coordinated plan for signs. The plan shall be drawn to scale showing the proposed locations, sizes, and types of signs for the businesses. All signs shall comply with the standards set forth in this section.
(14) Street Clocks
Street clocks shall be in harmony with the old Santa Fe style or recent Santa Fe style or both.
(15) Conflicts with Zoning Regulations
In any case where there is a conflict between the specific provisions of this section 14-8.10(H) and the general sign requirements and restrictions of the remainder of this section 14-8.10, this section shall prevail and shall be controlling for all purposes.
(16) Inspection of Signs
The division shall inspect, as it deems necessary, each sign regulated by this section to ascertain whether the same is secure or insecure or in need of repair.
(17) Procedure When Unsafe or Unlawful Signs Found
If the Division finds that any sign or other advertising structure regulated herein is unsafe or insecure; is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, it shall give written notice to the permittee. If the permittee fails to remove or alter the structure to comply with the standards of these sections within ten days after such notice, the sign or other advertising structure may be removed or altered to comply by the Division at the expense of the permittee or owner of the property on which it is located. The Division shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Division may cause any sign or other advertising structure that is an immediate peril to persons or property to be removed summarily and without notice.
(18) Exempted Signs
The provisions and regulations of this section 14-8.10(H) shall not apply to the following signs; provided, that the signs meet the provisions of §14-8.10(H)(3):
(a) Real estate signs not exceeding six square feet in area that advertise the sale, rental or lease of the premises on which such signs are located;
(b) One professional name plate not exceeding one square foot in area;
(c) One bulletin board not over eight feet in area for public, charitable or religious institutions when the same is located on the premises of such institutions;
(d) Signs denoting the architect, engineer or contractor when placed on work under construction and not exceeding 12 square feet in area;
(e) An occupational sign denoting only the name and profession of an occupant in a commercial building, public institution building or dwelling house and not exceeding two square feet in area;
(f) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials; and
(g) Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or nonadvertising signs as may be approved by the Governing Body; and
(h) Signs denoting whether a business is open or closed and traffic signs for private businesses, none of which exceed two square feet in area.
(19) Permits Required
(a) It is unlawful for any person to erect, repair, alter, relocate or maintain within the Historic District of the City any sign or other advertising structure as defined in this section without first obtaining an erection permit from the Inspections and Enforcement Office and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code and the permit fees required thereunder.
(b) The text of advertising matter on signs that already conform to this section may be changed without any permit, provided all changes also conform.
(20) Permit Application; Contents
Application for permits shall be made on blanks provided by the Division and shall contain or have attached thereto the following information:
(a) Name, address and telephone number of applicant;
(b) Location of the building, structure or lot to which or on which the sign is to be attached or erected;
(c) Position of the sign or other advertising structure on a building or in relation to nearby buildings or structures;
(d) One scaled drawing with full description of material, texture and finish to be used;
(e) Name of person erecting structure;
(f) Written consent of the owner of the building, the structure, or land to which or on which the structure is to be erected;
(g) Any electrical permit required and issued for such sign; and
(h) Such other information as the Division shall require to show full compliance with the provisions of this section and all other laws and ordinances of the City.
(21) Permit Application; Approval; Period of Validity
It is the duty of the Division upon the filing of an application for a permit, to examine plans, specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure; and if it appears that the proposed structure is in compliance with all the requirements of the provisions of this section and all other laws and ordinances of the City, the Division shall then recommend approval. If the work authorized under an erection permit has not been completed within six months after date of issuance, the permit shall become null and void.
(22) Certain Signs to Be Approved by Electrical Inspector
The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the electrical inspector. The electrical inspector shall examine the plans and specifications respecting all wiring and connections to determine if they comply with the Electrical Code of the City, and he shall approve such permit if the plans and specifications comply with the code or disapprove the application if noncompliance with the code is found.
(23) Sandwich Signs; Prohibition
Sandwich signs as defined in this section are prohibited.
(24) Freestanding Signs
(a) When Permitted
Freestanding signs shall be permitted at the discretion of the Division where a business establishment is set back from a street alignment of building façades more than two feet. A business establishment thus set back, in addition to the signs permitted on the building itself, may maintain a freestanding sign of not more than 16 square feet in area, and the sign shall relate to the conduct of the business within. If a building is on at least one acre of property and has an unencumbered front setback of at least 50 feet, a two-faced freestanding sign with a maximum of 50 square feet area on each face, with sign dimensions no greater than ten feet in length and five feet in height, and with the top of the sign not more than 14 feet from the ground will be permitted; provided, that it relates to the business conducted on the premises. Lighting on freestanding signs shall conform with this section.
(b) Location
(i) It is unlawful to erect any freestanding sign whose total height is greater than 14 feet above the level of the street on which the sign faces or above the adjoining ground level if the ground level is above the street level.
(ii) Freestanding signs shall have an open space not less than ten feet between the base line of the sign and the ground level, unless the freestanding sign is placed on the ground and does not exceed 16 square feet in area nor six feet in any dimension.
(iii) The setback of freestanding signs from the City right-of-way is regulated by the underlying zoning.
(c) Characters, Letters
All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed on any sign shall be safely and securely built or attached to the sign structure.
(d) Construction, Condition of Premises
(i) All freestanding signs shall be securely built, constructed and erected on posts sunk at least three feet below the natural surface of the ground.
(ii) All wood posts shall be treated to protect them from moisture by creosoting or other approved methods when they enter into the ground.
(iii) Premises shall be kept free of weeds and be maintained by the owner in a clean, sanitary and inoffensive condition, free and clear of all obnoxious substances, rubbish and weeds.
(25) Hanging Signs
(a) General Limitations
All hanging signs shall be at least six feet eight inches above the sidewalk or ground level, and shall be located within the central one-third of the façade length so as not to obstruct neighboring signs.
(b) Area Limitations
Hanging signs shall be limited in area as follows:
(i) A maximum of 12 square feet, except in the AC and RAC districts where the maximum limit is six square feet;
(ii) The maximum size of letters shall be eight inches in height;
(iii) There shall be no restriction on the number of letters, words or lines of any sign as long as the overall area of the sign is within the maximum allowed square feet; and
(iv) Maximum thickness of six inches.
(c) Supports and Attachments
All hanging signs shall be safely and securely attached to the building by not less than two metal chains, metal brackets or wrought iron brackets firmly secured in the roof support beams by metal anchors, bolts, or expansion screws. No excess chain shall be allowed. In no case shall any hanging sign be attached with wire, string, rope, wood, or secured by nails.
(26) Wall Signs
(a) Area Limitations
(i) A wall sign is subject to the following limitations:
A. The maximum allowable size is 15 percent of the façade on which the sign is to be placed. In no case shall the sign area exceed 20 square feet except in the AC and RAC districts where the maximum allowable size is six square feet;
B. Maximum size of letters shall be 20 inches in height, except in the AC and RAC districts where the maximum size shall be eight inches in height;
C. There shall be no restriction on the number of letters, words or lines of any sign as long as its overall area is within the maximum allowable square feet; and
D. No sign shall be permitted 15 feet or more above street grade measured in front of the façade where the sign is to appear.
(ii) Where two or more businesses are conducted on the premises of a single ownership, having a front footage of 25 feet or less, the allowable sign area shall be increased by 50 percent. Where buildings have frontage on more than one public way and entrances thereon, the maximum footage shall govern signs at each entrance, and it shall be construed to mean on any given public way.
(b) Projection Wall; Height from Ground
No wall sign shall project more than three inches beyond the building line. However, if the sign is attached to the wall at a height of not less than six feet eight inches measured from the sidewalk or ground to the bottom of the sign, it may project a maximum of ten inches, except in AC and RAC districts where the maximum projection is three inches.
(c) Supports and Attachments
All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts or expansion screws of not less than three-eighths inch in diameter embedded in the wall at least five inches; provided, that such signs may rest in or be bolted to strong heavy metal brackets or saddles set not over six feet apart, each of which shall be securely fixed to the wall as herein provided. In no case shall any wall sign be secured with wire, strips of wood or nails.
(27) Projecting Signs
(a) General Limitations
No projecting sign shall angle in "Y", "L" or "V" fashion over the sidewalk or ground. No projecting sign may rise above the level of the roof line, fire wall or first story, whichever is construed by the Historic Design Review Board as a roof line. All projecting signs shall be at least ten feet above the sidewalk or ground level, and shall be located within the central one-third of the façade length so as not to obstruct neighboring signs. A total of two signs may be allowed to each store, shop or bona fide place of business if one is projecting and the other considered a wall sign; in which case, the wall sign shall be reduced in allowable size by one-half the area consumed by a projecting sign. No projecting sign shall have letters exceeding eight inches in height.
(b) Area Limitations
Projecting signs shall be limited in areas as follows:
(i) A maximum of four feet projection from the wall of the building, except for marquees that may project eight feet;
(ii) A maximum of 16 square feet, except in an AC or RAC district where the maximum sign space is six square feet, and except for marquees where the maximum sign space is 115 square feet per face of the marquee;
(iii) A maximum thickness of not over 12 inches except for marquees to which this section does not apply;
(iv) Projecting signs erected over public driveways or alleys shall be placed not less than 15 feet above the level of same; and
(v) Marquees are allowed only for theaters showing motion pictures, or dramatic, musical, or live performances and having permanent seating except in an AC or RAC district where marquees are prohibited.
(c) Construction
Projecting signs exceeding ten square feet in area or 50 pounds in weight shall not be attached to nor supported by frame buildings or the wooden framework of a building. Such signs shall be attached to masonry walls as stated in this section. The framework of any projecting sign shall be of adequate strength so as to have no need for guy wires or wire reinforcement.
(d) Illumination
Every projecting sign larger than ten square feet in area shall be illuminated between sunset and daybreak on each side, by at least five watts per square foot of sign surface. The illumination shall be restricted as provided by this section.
(28) Temporary Signs (Ord. No. 2007-17 § 3)
(a) Duration of Permit; Advertising
(i) Except as set forth in paragraph (e) below, permits for temporary signs shall authorize the erection of such signs and their maintenance for a period not exceeding 30 days, in the discretion of the Historical Style Committee.
(ii) The advertising contained on any temporary sign shall pertain only to the business, industry, or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political, or religious nature.
(b) Construction Requirements
Except as set forth in paragraph (e) below, no temporary sign shall exceed 4 feet in one of its dimensions or 50 square feet in area. Every temporary sign weighing in excess of 50 pounds shall be approved by the Inspections and Enforcement Office as conforming to the safety requirements of the Building Code.
(c) Prohibited Locations
No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare nor shall it be erected so as to prevent free ingress to or egress from any door, window or fire escape.
(d) Anchors and Supports
Every temporary sign shall be attached to the wall with wire or steel cables; no strings, ropes, or wood slats for anchorage or support purposes shall be permitted.
(Ord. No. 2001-38 § 1)
(e) Price Reduction Signs
(i) Signs expressing a price reduction stated in terms of either a percentage reduction or a dollar amount reduction are prohibited unless the following conditions are met:
A. A sign permit shall be obtained from the City.
B. The sign shall not exceed 18 inches by 24 inches.
C. Each business registered with the City is limited to one sign, 4 times per calendar year not to exceed a 2 week duration for each permit.
D. There shall be a minimum of 2 weeks between each duration of permitted signs.
(iii) The City may remove a sign if the above conditions are not met.
(29) Price Reduction Signs (Ord. No. 2007-7 § 4)
No sign located within a historic district which is visible from the public right-of-way, regardless of whether that sign is located inside or outside a structure, shall list an express price reduction stated in terms of either a percentage reduction or a dollar amount reduction except as permitted in §14-8.10(H)(28)(e).