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659 TOWN OAF TA.OS OR' DINANC S YEAR: IRICI NUMBER, i N 0 T I C E i NOTICE is hereby given that the Taos Town Council of the Town of Taos, New Mexico, at special public meeting held at 5:15 P.M. , on Wednesday, August 29, 1979, at the Taos Town Hall, Armory Street, Taos, New Mexico, adopted and iy passed a Sign Ordinance for the Town of Taos and providing penalties for viola- tion of said Ordinance. The following is a general summary of the subject matter contained in Or- H dinance No. 659. �j SECTION 1. Short Title. SECTION 2. Definitions. �t SECTION 3. Permits Required. 'I la SECTION 4. Application for Permit. SECTION 5. Permit Issued if Application in Order. if ' it SECTION 6. Permit Fees. li f ti SECTION 7. Permit Revocable at any time. SECTION 8. Unsafe and Unlawful Signs. ii i! SECTION 9. Removal of Certain Sign,,. i4 SECTION 10. Exemptions. SECTION 11. Prohibited Signs, Lights, and Other Devices. SECTION 32. Area and Number of Signs. SECTION 13. Shopping Centers, Businesses Sharing the Same Premises. i SECTION 14. Joint Identification Sign. t� SECTION 15. Free Standing Signs. 'i SECTION 16. All signs erected or maintained, shall meat design standards. SECTION 17. Wind Pressure and Dead Load Requirements. ii SECTION 18. Inspection. SECTION 19. Compliance Schedule. Ij i i i I , t , f .,^^._«---•,.....,....,.„+,r++ .. .. ..'x� n.-.:[r.� . Y i a. s :-sue':, � ,. - ...._.. . . . SECTION 20. Sign Regulation Commission, Composition, Powers and Duties, Variances and Appeals. SECTION 21. Penalties. SECTION 22. Separability. SECTION 23. Ordinances Repealed. SECTION 24. Effective Date. PASSED AND ADOPTED this 29th day of August, 1979. I ATTEST: MAYOR CL 1 i s I 4 I I i s I f I �� . ix. 1€„eF. .. �,�,, ,.. ^"a.„,,'"'"'t`"t.,"�'.t.rgwy�: '1i= ..�e.�✓+ .7. °-.3'4"'-... .3Ke w.i+'...z::....f. •q�. 1 s i I N O T I C E �+ NOTICE is hereby given that a meeting will be held by the Town Council of the Town of Taos, in the Taos Town Hall, Armory Street, Taos, New Mexico, on ? ALi ust , 29 , 1979, at 5:15 P.M. . At the meeting the Town Council of the Town of Taos will consider final action on the adoption of an Ordinance defining and setting forth the Sign Ordinance for the Town of Taos and providing penalties for violation of said Ordinance. The following is a general summary of the subject matter contained in Or- ;} dinance No. 65�) =1 SECTION 1. Short Title. f{ j SECTION 2. Definitions. j sr , SECTION 3. Permits Required. ; SF::TION 4. Application for Permit. { SECTION 5. Permit Issued if Application in order. j i' SECTION 6. Permit Fees, SECTION 7. Permit Revocable at any time. SECTION 3. Unsafe and Unlawful Signs. SECTION 9. Removal of Certain Signs. i If SECTION 10. Exemptions. SECTION 11. Prohibited Signs, Lights, and Other Devices. SECTION 12. Area and. Number of Signs. [ SECTION 13. Shopping Centers, Businesses Sharing the Same Premises. i SECTION 14. Joint Identification Sign. SECTION 15, Free Standing Signs. SECTION 16. All signs erected or maintained, shall meet design standards. SECTION 17. Wind Pressure and Dead Loan Requirements. SECTION 18. Inspection. SECTION 19. Compliance Schedule. �i i� IC i SECTION 20. Sign .Regulation Comission, Composition, Powers and Duties, Variances and Appeals. SECTION 21. Penalties. SECTION 22. Separability. !; SECTION 2�, Ordinances Repealed. i� SECTION 24. Effective Date. j i COMPLETE COPIES OF THIS PROPOSED ORDINANCE ARE ON FILE IN THE OFFICE OF THE 1r ITOWN CLERK, MUNICIPAL OFFICES (ON ARMORY STREET) IN TAOS, NEW MEXICO, AND ARE c� i jAVAIYABLE DURING THE NORMAL AND REGULAR BUSINESS HOURS OF THE TOWN CLERK UPON } REQUEST AND PAYMENT OF A REASONABLE CHARGE. WITNESS my hand and seal of the Town of Taos, New Mexico, this 6th day of I 1979. f � WN CLERK,.•' 1 f1i i i� i 4 f Legal No.4§47 Publish 2 times: { f j� August 8, 1979 & August 16, 1979 ii 6 i 4 :NO1lr,E •• h9r4bY given the' a meesIM9 will be held by 184 Town Icaur"n of : .e Town of Taos, in tfa Taos Iawr,Hall Armory Street.Taos, ew Mexico,on August 29, 1979-M IS-.15 p.m. At the meeting the Town k�until of the Town of 1406 will .ionsldor final ecllon on the•dopllon' 'got an Ordinam*defining and selling for the Sign Ordlnance to IM Town 01 1 } '.T os and providing pensities for blatbn of fold Ordinance- V f he following 18 a general w th e subMct matter cony dinance N0.659, t ftECT1pN1.ShorlTMle� •` ' �l6SECTION 2.DeflnMions. J. SECTION 3.Permits Required. SECTION 4,Application for PermH. SECTION 5. Permit lulled 11 Apt pllcstlon in Order. 3 SECTION 6.P•-11 Feel. 1 SECTION 7.Permit Revocable al sly SECTION s. Unsafe and UrtisvAul Signs. �.:...: fClKt SECTION 9.Removal osln earls 8ECTION 10.ExemplbM. �• w __ ._._.. _._ _ .. .. _. .. ' SECTION 11.Prohibited Signs,Lights, and Other DeVIOee- .SECTION 12. Arse and Number of SIgn1. jSECTION 13. Shopping nt9re,. Ce 1 ,promisss9s Sharing the sore» promises. Affidavit of Publication ee. SECTION 14.Joint Wentificatl6n919M .SECTION 15.Free Standing Signs SECTION 16. AN signs 9reetedl or. Stets Of New Me>rioo, `maintained, shall meet desig 1 a9. dards. ^�,.,�,, at Taos J SECTION 17,Wind Pressure And Deed ""�"'7 Loan Requirements. bECTION 16.Inspection. I SECTION 10.Compliance Schad K � th ti n SECTION 2o. Sign FtegulidlOn COnr be:ww y r y (Business �� 0f the mlssbn, f„ompOShbn, Powers 'and .,e.,.a first dui sworn declare and say that I am the Duties,Variances and Appeals. I ' Taos News .SECTION 21. enaMtes. A. ._ _ ...__.. ._.._............_.. ...._.___.._._...... _ _..... . __._..._ ..._.___.... a weekly newspaper, ECTION'22. 9p6rablIlly published in the En gun g g y County '1 SECTION 23.Ordinances R"Wd. P� ghd► Lan ge, and Navin a general circulation in.the City and Coon SECTION 24,Effective Oats. of Taos, State of New Mexico, and being a newspaper duly qualified to publish legal notices CqOMPLETE COPIES OF THIS pplOPOSED ORDINANCE ARE ON and advertisements under the provisions of Chapter 167 of the Session Laws of 1937: that the FILE K.THE OFFICE OF THE TOWN publication, C of which is hereto attached, was published in said paper once each week CRMORV S REST) INTAOS OFFICES NEW copy p p Pe MEXICO, AND ARE AVAILABLE I DURING THE. NORMAL AND for»..._.2................ ..._.......consecutive weeks, and on the same day of each week in the regular ,REGULAR BUSINESS HOURS OF THE TOWN CLERK UPON REQUEST AND issue of the paper during the time of publication, and that the notice was published in the !CHARGE. OF A REASONABLE i ,CHARGE. WITNESS my hand and •eel of ills newspaper proper, and not in any supplement, once each week for.............2..........................weeks Town of Taos,Now Mzxico,this 611 day of August,1979. •-s•JosephiMGonulss. consecutively,the first publication being on the.........9.1h..»•.day of............Ailg.U.s.t..................... 'TOWN,FLERK IlLegal No.4847; Pub. August 9, 16 t197Q. .. . �.. . 19 1 9..,and the last publication on the..._I 6 t h....day of..........August.................. ... that payment for said advertisement has been (d y_rrtade) or (assessed as court cats); that ' the undersigned has personal knowledge matte -and thin forth in this affidavit. � PUBUs»ers Bni. 000 time at-$ �_Manager.._ . _11046,_2._Ibm,S 22 - 3 n Subscribed and sworn to before me this...__ 17th 1 . 30 df�y d.. _ ._ _ August A.D., 1922— Recel►ad paymart, Notary ftbhc 3 The Taos News My commission exVwn >syr`\ ►t11rA� r ._�.�.�3t1bgT 27 - 19 A 2 4 i r s 4 v, ORDINANCE NUMBER --659------------- 'AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION REPAIR, ALTERATION, LOCATION AND MAIN'.I�FdMCE OF SIGNS AND BILLBOARDS, WITHIN THE TOWN OF TAOS; PROVIDING FOR THE ISSUANCE OF PERMITS AND FEES T-TEREFOR; THE REVOCATION OF PERMITS; INSPECTIONS; REPEAL OF CERTAIN ORDINANCES; AND PROVIDING PENAL- TIES FOR VIOLATION THEREOF. WHEREAS, it is determined that Taos is a unique and culturally rich com- munity, and, it is desired to preserve these characteristics; and, WHEREAS, it is determined that signs are a necessity to inform the public as to regulations, hazards, identification of businesses, locations and activi- ties; and, WHEREAS, uncontrolled signs or a proliferation of signs can create hazards, confusion, diminished aesthitic quality, loss of business, clutter and garish- ness, and a general loss of the historical and cultural identification of our town; and, WHEREAS, it is desired to maintain a quality community by enforcement of a sign ordinance which regulates size, height, width and the general appearance of signs to conform with the unique character of Taos; and, WHEREAS, it is encouraged that signs be constructed of predominately natural materials such as wood or stained glass, and other materials be treated or des- igned to resemble natural materials which meet the unique design characteristics of Taos. BE IT ORDAINED BY THE TOWN COUNCIL OF TAOS: SECTION 1. (SHORT TITLE] This Ordinance shall hereafter be known and # ` cited as the "Sign Regulations". SECTION 2. [DEFINITIONS] As used in this ordinance unless the context otherwise indicates: (a) The Term "SIGN" means any display to public view of letters, words, numerals, figures, statues, devices, emblems, pictures, or any parts or combinations thereof designed to inform or advertise or promote merchan- dise, services, or activities, except for the following: (1) Non-illuminated names of buildings, dates of erection, monument citations, commemorative tablets and the like when carved into stone, concrete, metal, or any other permanent type construction and made an integral part of a permitted structure or made flush to the ground. (2) Signs required by law or signs of a duly-constituted gov- ernmental body. (3) Signs placed by a public utility for the safety, welfare, or convenience of the public, such as signs identifying high voltage, public telephone, or underground cables. (4) Signs upon a vehicle, provided that any such vehicle with a sign face of over two square feet is not conspicuously parked so as to constitute a sign; nothing herein prevents such a vehicle from being used for a bona fide delivery and other vehicular purposes. (5) Temporary holiday decorations. (b) free standing sign shall mean any sign with no more than two (2) faces structurally separated from a building being supported on itself or on a standard or legs. (c) Projecting sign shall mean any sign with no more than two (2) faces supported by a building wall and projecting therefrom. ` -2- t i i t t. I (d) Wall sign shall mean any sign painted on, incorporated in or af,°ixed to the building wall, or any sign consisting of cutout letters and devices affixed to the building wall with no background or border defined on the building wall (e) Graphic design shall mean any artistic design or portrayal, painted directly on the exterior wall, fence, window or other structure which is visible from any public right of way, and which has as its purpose artistic effect and not the identification of the premises or the advertisement or pro- motion of the interests of any person. (f) Person shall mean any person, firm, partnership, association, cor- poration, company or organization of any kind, (g) Height when used in this ordinance shall be the measurement from the top portion of any sign to the grade level. (h) Canopy sign shall mean any building-mounted sign mounted to and supported by a permanent canopy, arcade, or portal, the ceiling of which is no more than sixteen (16) feet above grade. (i) Grade shall mean the average elevation of the finished ground level at the center of all facades of a building. (j) Luminance shall mean the brightness of an object, expressed in terms of footlambers. (k) Value shall mean replacement cost, including any amount owed on sign. (1) A joint identification sign is a sign whose area is shared by three (3) or more businesses, whose area and size are further defined in Sec- i tions 13 and 14. (m) Portal shall mean a covered structure forming an entrance to a building; outside and vrii;h a separate roof, or as a recess in the interior as a kind of vestibule. SECTION 3. [PERMITS REQUIRED] It shall be unlawful for any person to erect, alter or -relocate within the Town of Taos any sign as defined in this ordinance,with- out first obtaining a permit from the Building Inspector and making payment of the fees. -3- {Y i required by Section 6, hereof. This section is not meant to require a permit for routine maintenance and repairs as long as the basic parts of the sign remain the same. SECTION 4. [APPLICATION FOR PERMIT] Application for permits shall be made on forms supplied by the Town of Taos and shall contain or have attached thereto the following; (a) Name, address and telephone number of the applicant. (b) Location of the building, structure or lot to which or upon which the sign is to be attached or erected. (c) Position of the sign in relation to nearby buildings or structures. (d) Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground. t (e) Name of the person Erecting or attaching the sign. (f) Written consent of the owner of the building, stricture or land to which or on wh-ich the sign is to be erected. (g) Such other information as the building inspector shall require to show full compliance with this and all other town ordirw.nees. SECTION 5. [PERMIT ISSUED IF APPLICATION IN ORDER] It shall be the duty of the building inspector, upon the filing of an application for a permit, to examine such plans and specifications and other data and the premises upon which it is pro- posed to erect the sign, and if it shall appear that the sign is in compliance with all the requirements of this ordinance, is structurally sound and safe and in compliance with all other ordinances of the Town of Taos he shall then issue the permit. If the work authorized has not been completed within three months of issuance of the permit, the permit shall become null and void. SECTION 6. [PERMIT FEES] Every applicant, before being granted a permit hereunder shall pay to the Town Clerk One Dollar ($1.00).per square foot of total sign area maintained on the premises. There shall be no permit fee for those signs coming into compliance within sixty (60) days of the effective date of this ordinance. -4- ( .. .. I WEIR r' SECTION 7. [PERMIT REVOCABLE AT ANY TIME] All rights and privileges ac- quired under the provisions of this ordinance or any amendment thereto, are mere licenses revocable for violation of this Ordinance at any time by the ,own of Taos, and all such permits shall contain this provision. SECTION 8. [UNSAFE AND UNLAWFUL SIGNS] If the building inspector shall find that any sign is unsafe or insecure, or is a menace to the public, or has beery erected or is being maintained in violation of this ordinance, he shall give written notice to the permitee or owner of the property on which the sign is erect- ed. If the permitee or owner fails to remove or alter the sign so as to comply with this ordinance within ten (10) days after the mailing of said notice, such sign may be removed by the Town of Taos, and the permitee or owner shall bear the expense of such removal. No person refusing to pay the costs so assessed shall be issued a permit. If a sign is an immediate peril to persons or property, the build- ing inspector may cause such to be removed summarily and without notice. SECTION 9. (REMOVAL Or CERTAIN SIGNS] Any sign now or hereafter existing which no longer advertises a bonafide on going business conducted, or a product sold, or whose owner or permitee does not have a current occupational*license, or which falls in the catagory set forth in Section 8 above, shall be removed within ten (10) days after the mailing of a notice thereof by the building inspector. If the owner or permitee fails to remove said sign The Town of Taos may cause such sign to be removed and assess costs of removal to the owner of the building or land upon which said sign is located. SECTION 10. [EXEMPTIONS] The provisions of this ordinance shall not apply to the following signs, provided, however, that said signs shall be subject to the provisions of Section 8 and Section 9: (a) Real estate signs not exceeding six (5) square feet and five (5) feet in height which advertises the sale, rental or lease of only the premises upon which sAid signs are located. Said signs shall be removed within seven (7) days of the sale, rental or leasing of said property. 4 -5- (b) Bulletin boards not over eight (8) square feet and five (5) feet in height, for public, charitable or religious institutions when the same are located on the premises of smid- institutions. (c) Civic, Religious and Quasi-Public signs, off-premises. Off- premises name, directional and information signs of service clubs, plates of wor- ship, civic organizations and Quasi-public uses as long as said signs ai-e no more than three (3) square feet and no more than five (5) feet in height. (d) Residential Name and Street Address Signs. Residential name and street address signs so long as said signs are no more than one (1) square foot. (e) Street Banners. Street banners advertising a public entertainment or event if approved as to location by building inspector may be displayed fourteen (14) days prior to and shall be removed within three (3) days after the public en- tertainment or event. (f) Official national, state, or town flags for any period of time. (g) Religious Emblems. Religious emblems containing not more than six - teen (16) square feet or eight (8) feet in height if located on the premises of a religious institution. (h) Temporary Subdivision Identification Signs. One temporary sub- division identification sign may be located on the property to be developed not exceeding sixteen (16) square feet and eight (8) feet in height. Said sign shall not be displayed prior to recording the subdivision plat with the County Clerk and shall be removed upon completion of the project. (i) Temporary Political Signs. Temporary political signs shall be per- mitted up to a total area of sic (6) square feet for each premises. Said signs may be erected no earlier than sixty (60) days prior to any primary or general election; they shall be removed within three (3) days after the election to which the sign pertains. The candidate portrayed on the sign or for whom the sign advertises shall bear the responsibility for removal. (j) Signs located inside a building or structure, provided the sign is -6- not so located as to be conspicuously visible and readable without intentional effort, from outside the building or structure. (k) Advertising for community or civic events. One such sign providing said sign shall not exceed sixteen (16) square feet and eight (8) feet in height and is located union the site of said even,. Said sign may be erected no more than fourteen (14) days prior to the event and shall be removed three (3) days after the event. (1) Construction Signs. One construction sign on the construction site as long as said sign does not exceed ten (10) square feet in area. Said sign shall be removed upon completion of the project. (m) Memorial Signs or Tablets. One memorial sign or tablet not exceed- ing three (3) square feet and permanently attached to the building or structure. (n) Gasoline Price Signs. Service stations shall be permitted one double-faced on site sign not to exceed twel--e (12) square feet per face and five (5) feet in height advertising the price of gasoline, said sign may be mounted upon a free standing sign, so long as al1 of the criteria for free standing signs is met. Said sign shall not contain any advertisement other than brand name. The height limitation referred to above shall not apply to those gas price signs which are mounted on a free standing sign. (o) Time and Temperature. Time and temperature signs may be allowed with the permission of the Planning and Zoning Commission, based upon a determina- tion of pub_ : need and usefulness. (p) Direction and Informational Signs, i. e. , "Self-Service", "Parking" , "Open" , "Closed", "Exit", "Entrance", "Lounge", "Coffee Shop", "Office", "Men' s and Women' s Restrooms", "No Snaking", "Inflammable", including arrows, menus, etc. , shall be allowed providing each such sign does not exceed three (3) square feet. It shall be permissible for the name of the business to appear on directional signs. (q) Signs required by Federal, State or local law. (r) Other "emporary Signs. Other temporary signs announcing, "Annual Sale" , "Sale",1110 Sale" , "Special Price", etc. , so long as the signs are window signs and -yo long as they are clearly temporary in nature and are not up for more -7- than forty-f ive (45) days. SECTION 11, [PROHIBITED SIGNS, LIGHTS, AND OTHER DEVICES] The following signs, lights and other devices are prohibited under this ordinance: (a) Any sign or part thereof erected, constructed and maintained wholly upon or over the roof of any building, except for canopy signs not prohibited by 11 (s) , and those signs exempt in Section 10 (f) and (g) . (b) Exposed gas filled (Neon, etc. ) tubing which is visible to the public view and is used to graphically outline any sign, building, exterior walls, fence or other structure. This is not meant to preclude the use of neon on the face of the sign. (c) Any sign or part thereof that flashes, blinks, rotates, or changes degrees of illumination. (d) Any sign or part thereof that moves or has moving parts. (e) Any sign or part thereof that contains any audible device. (f) Any sign or part thereof that is not located upon the premises for which the advertisement exists. (g) Any sign or part thereof having a luminance greater than 100 foot- lumbers at nigh. (h) Any sign or part thereof whicn obstructs the view of a driver on a public right of way , as determined by building inspector or chief of police. a (1) Atrj sign or part thereof which might be confused with any authoriz- ed traffic sign, signal or device; or which makes use of the words "Stop", "Look", "Danger" , or any other word phrase, symbol or character in such manner as to in- terfere with, mislead or confuse traffic. (j ) Any sign or part thereof that is partially or wholly illuminated by flood lights or spot lights, unless such lights are used for indirect light- ing and the illumination is not lirectly visible from the public right of way . (k) Any sign or part thereof that restricts free ingress or egress from any door, window or fire escape. (1) Any sign or part thereof which is constructed, erected or main- _$_ i tained on street lines, or within five (5) feet thereof, from vhich nails, tacks, wires or other sharp objects protrude. (m) Any wall sign or part thereof that projects more than twelve (12) inches from the building wall at a height i t (2) The area shall be that of the smallest rectangle that will wholly contain the sign. Said rectangle Ia sides ahall be verticle to the ground. Ex- cept that the area of a wall sign of cut out lettering with no borders or back ground defined on the building ,&.0 will be considered to be one-half (1/2) the area of the smallest rectangle that will wholly contain the letters. (3) The maximum area for any wall, projecting, canopy or free standing ff sign shall be: Maximum Area Maximum per face Height r (a) For each premises which has not more than seventy-five (?5) feet of street frontage 20 square feet 18 feet (b) For each premises which has at least seventy-six (76) feet and not more than one hundred fifty (150) feet of street frontage 40 square feet 20 feet (c) For each premises which has at least one-hundred fifty-one (151) feet of street frontage 60 square feet 20 feet In no event will a free standing, wall, canopy or projecting signs exceed seen i (7%) per cent per face of the area of the face of the building it advertises and it must have a minimum width of two (2) feet. The area of the face of the build- ing shall be measured by multiplying the average height times the total length including any canopy that may extend beyond the sides of the building providing canopy length shall be treated as not exceeding twice the length of the building. In any event, any person, regardless of the length of frontage or size of building, is entitled to a minimum sign area of twelve (12) square feet. (4) The m iximum area for any joint identification sign shall be sev- enty (70) square feet. (B) In calculating the number of signs allowable, the following shall apply: (1) i'8ch persot shall be allowed a maximum number of two signs which is set forth in ear.binations: (A) One free standing; and, one (1) wall sign, or one (1) pro- -10- jetting sign, or two (2) single faced canopy signs, or one double faced canopy sign, or one (1) graphic design; or, (B) Two (2) wall signs; or, (C) One (1) wall sign; and, one (1) projecting sign, or one (1) graphic design, or two (2) single faced canopy signs, or one double faced canopy sign; or (D) One (1) joint identification sign; and, one (1) wall. sign, or one (1) projectingsign,or two (2) single faced canopy signs, or one (1) double faced canopy sign, or one (1) graphic design; (E) In addition to the combinations of signs set forth in A through D above every motel with convention facilities shall be allowed a marquee which shall not be counted in the sign area as measured in §12(A) , but in no event will the marquee exceed twenty-four (24) square feet in area. SECTION 13. [SHOPPING CENTERS, BliSINESSES SHARING THE SAPS PREMISES] When- ever three (3) or more businesses share the same site or location, unless the land is separately owned by each business, said area may have either one free standing sign advertising the major business or one joint identification sign (at the dis- cretion of the owner of said area). It is the intention that under the above cir- cumstances not more than one (1) free standing sign be located upon the premises. Each of said businesses may have one (1) of the following; A wall sign, project- ing sign, two (2) single faced or one (1) double faced canopy sign, or one graphic design. SECTION 14. [JOINT IDENTIFICATION SIGN] Joint identification signs (dir- ectory signs) may be free standing signs, which shall have two (2) faces. Tao r joint identification sign shall exceed the height as set forth in Section 12(A)(3) . Of the seventy (70) square feet allowed a ,joint identification sign no more than ten (10) square feet may be allowed to the title of said sign and each person, a party to said sign, shall not utilize more than four (4) square feet. SECTION 15. [FREE STANDING SIGNS] Free standing signs shall be allowed as long as they have two (2) faces and in the following circumstances only: (a) On the site of the person or business erecting, employing or maintaining the same; (b) so long as they do not create a hazard and do not extend into the public right-of-way, as determined by the Building Inspector or Chief of Police; (c) the bottom of the sign may not be higher than fourteen �!4) feet above grade level as defined in Section 2(1) . SECTION 16. All signs erected or maintained, shall meet the following de- sign standards: (a) No sign or part thereof shall contain any exposed or shining metal. (b) All free standing signs shall have a base (i.Q, , planter box, wall, Banco, trees, bushes or other landscaping material) so long as it is not so large as to create a hazard, which shall be compatible in color and design with the building it advertises. Said base shall be equal in area to at least the length of the sign and may not be less than two (2) feet wide, and must extend at least sixteen (16") inches in height. This provision shall not apply to any sign less than twelve (12) feet in height, but such treatment is encouraged. (c) All new signs erected shall contain a decorative trim of wrought iron, wood or simulated wood which trim shat not be counted in measuring the area of the sign. Said trim shall not exceed the following dimensions: sixty (60) square foot sign Six (6) inch width Forty (40) square foot sign Five (5) inch width Twenty (20) square foot sign Four (4) inch width. (d) All new internally lit signs erected shall have their face re- cessed within the decorati�te trim a minimum of two (2) inches. The trim provided for in (c) above and the recessing in this paragraph shall not be necessary for existing signs during the time for compliance as set forth in Section 19, provid- ed they meet all other requirements of this ordinance. (e) No sign or part thereof shall contain any of the following colors: Blaze Orange Chartruse Hot Pink Metallic Flake Paints Flourescent Colors -12- M No sign or part thereof shall contain a total of more than four (4) colors. (g) No sign shall contain more than two (2) types of lettering. SECTICV 17. (WIND PRESSURE AND DEAD LOAD REQUI MMMS] All signs except those listed in Section 10, shall be designed and constructed to withstand a wind velocity of not less than 75 miles per hour; and, to receive dead loads set forth in the Town of Taos Building Code. SECTION 18. [INSPECTION] The Town of Taos Building inspector shall have the right to inspect all signs for the purpose of ascertaining whether the same is safe, secure, in need of repair, or conforming to this ordinance. SECTION 19. [COMPLIANCE SCHEDULE] VALUE [See Section 2 (k)] TIME TO COMPLY $ 0 - 1,000.00 Six (6) months $1,001.00 - ,000.00 One (1) year $2,001-00 - M000-00 Two (2) years $3,001.00 & Up Minimum 2 years - maximum of 6 years. Under this section the burden of coming forth and seeking time to comply with thiii ordinance is upon the owner of the sin involved. Anyone not supplying p g y the neces- sary documentation to establish value within thirty (30) days of the effective date of this ordinance shall be conclusively presumed to have a sign of a value of less than $1,000.00. The Sign Regulation Commisssion shall have the power to recommend a time for compliance (not to exceed six (6) years) on all signs exceeding $3,001.00 in value to the Planning and Zoning Commission, after having taken into account all of the necessary financial factors, as well as all other factors involved. SECTION 20. [SIGN REGULATION COMMISSION, COMPOSITION, POWERS AND DUTIES, VARIANCES AND APPEALS] There is hereby created a Sign Regulation Commission whose members shall be appointed by the Mayor to serve during his tenure and which shall be composed as follows: One (1� member appointed by the Mayor. One (1 member appointed from a list of three (3) persons sub- -13- t witted by the Taos County Merchants' Association. One (1) mi:inber appointed from a list of three (3) persons sub- mitted by the Taos Chamber of Commerce. One (Z) member from the Extra-territorial Commission One (1) member chosen by the above four (4) members. Should any of the above organizations cease to exist or refuse to submit a list of names, the Mayor shall appoint that position. The Sign Regulation Commission, in addition to other duties set forth in this ordinance, shall have the power to recommend variances of this ordinance as long as the general purpose and intent of this ordinance is complied with, The Commission shall also have the power to recommend extensions of time to comply with this ordinance if they are satisfied that the person seeking the extension has but forth good faith effort to comply within the time allowed in this compli- ance schedule. In all cases where requests for variances are to be considered by the Sign Regulation Commission, notices by mail will be sent to adjoining property owners as well as owners of property located directly across the street from the location of the requested variance; said notice to be mailed at least ten (10) days prior to the hearing on the variance request. Among standards to be considered by the Sign Regulation Commission in granting a variance or extension of time under this ordinance are economic hard- ship, circumstances where enforcement would be unequitable, the over-all intent of the sign regulations as well as any other matter they may feel has a bearing on the request. The Sign Regulation Commission shall make all recommendations to the Town of Taos Planning and Zoning Commission, who shall either grant or deny the variance or extension requested, Any party aggrieved by the decision of the Plan- ning and Zoning Commission may appeal their decision to the Town of Taos Council by filing a notice of appeal within ten (10) days with the Town Clerk. A copy of the Notice of Appeal form to be used is attached hereto as Exhibit "A". SECTION 21. [PENALTIES] Any person violating any provisions of this ordin- ance shall be deemed guilty of a petty misdemeanor and upon conviction thereof -1�+- t shall be fined not less than $10.00 nor more than $200.00. Each day such viola- tion is committed, or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. SECTION 22. [SEPARABILITY] If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the remaining portions thereof. SECTION 23. [ORDINANCES REPEALED] Ordinances numbers 618, 629 and 646 and/or parts of any ordinances in conflict herewith are hereby repealed. SECTION 24. [EFFECTIVE DATE] This ordinance shall take effect seven (7) days after final publication in The Taos News. DONE at Taos, New Mexico this day of , 1979 +rshs tlylgen�tliat' rta<Is sTbJ+n C6until vt_ihe Tawn: t 7aioe::New Mezlco.at aplig iv,publ► eeling held'at 5.15.p:m, on Wet `+ eti'daiy;;Auguat 29 1979.ai Ihe,Tad ,00wn`Nail,Aimury.Sireel:Taoe.'N6, ' Moi'6q!adoPled and pasged, Slgri ,tOrdrnarice for 9Fie'Town Ot Taoa and' rinIdljq,pena+tfea-tor vlolauon ul':;' ..., r Tfie(01oriny is a geneii1'summary`' I}tFie'�iuD}eb1;m6iter'coriliinad"'Irr" .t�tS�C710Nt"ShortTlllei SECTION 2.Oehndlona. . !, t~' SECTION 9.Permits Aequued =iz SECTION 4:Aliocauon for Permjv;k, SEdTION S.,'Pennit;lequetl`jt tliaaiion+n Order: SECTION 6,.Permit Fees., SECTION 7. "Pern1N gevocable at, ny,tir�e ; SECTION 6. Urinate and Unlaw Gip Jun Removal of 0 r1 I t�9iyna rtq�SECTION,10 Elcemptlona. i, SECTION -t1 Prahlblled Slgr at e; yhta and,Olh9rpev cea SECTION;12.t Moo;ona Number ' ignag �z S�CTION�.13:.,8hoppinq CenCel usiniist%W Sharing lHe $oria v; SECTION .14.:'J61nI 'Idanllhcaln)n SEC ION Is.Prey50rtdingSlgne" ''4 SECTION,;fB.AU signs eregted o� ; ajfnlilned shalt Meet,, efa n Y'!NSECTION.:17..Wind Preeeur9.6e4;�, =LoadRegriitttrgenla SECTION IS Inapec' rn'SECTION 19 Compiianca Schaduld —15— - E00-W ColrMlaaioR,':,Com{ I.1,!oii; .Power? 1. -.... . NIS`2 (n *.ti 4 It : e Phil LOY I. t ':ANeit if I NOTICE OF APPE&L 4 The undersigned hereby files for appeal from the decibi6n ,of the Plan- ning and Zoning Commission entered on the day of , 19 1 6 "r s t f 1 c t t F t ii (A copy of this Notice of Appeal must be filed with the Planning & Zoning Com- i mis8ion from which this Appeal is taken. ) A t. z s 3 e t .. k