§ 12.12.040. Locations.

Except as otherwise specifically provided in the city code, the following provisions apply in all zones and for all signs:

A.

Signs Shall Not Constitute Traffic Hazards.

1.

No sign or other advertising structure as regulated by this chapter shall be erected or continued to be displayed at the intersection of any street or within any alley or driveway in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, such sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.

2.

On-premises entrance, exit and directional signs constructed and maintained in accordance with an approved sign plan shall be allowed in all zones. Such signs shall not exceed four feet in height and six square feet in sign area.

3.

Any signs, signals or devices erected by governmental entities, public schools and utility companies are exempt from the provisions of this chapter and shall be controlled by other applicable laws, regulations and ordinances.

B.

Placing Signs on Public Property.

1.

No signs other than signs placed by agencies of government shall be erected on or above any public property; provided, directional signs may be erected upon city street name supports, or upon traffic signposts under the following conditions:

a.

The sign directs the reader to the location of a public facility attended principally by out-of-town patrons, to a facility relating to the public health, safety or welfare or to scenic or historic trails.

b.

The signs are installed at locations where they would not constitute a traffic hazard.

c.

The signs conform to the manual on uniform traffic control devices.

2.

Nothing contained in this section shall supersede, or modify or nullify any of the provisions of contracts and agreements heretofore entered into by the city with the Highway Department of the State of New Mexico and the U.S. Bureau of Public Roads concerning such property signs, banners, billboards and awnings.

C.

Placing Signs on Private Property. No signs shall be placed on any private property without consent of the owner thereof.

D.

Placing Signs on Trees, Rocks, Retaining Walls or Fences Located on Public Property. No signs shall be placed or painted on any tree, rock retaining wall, fence or natural formation which is located on or above public property.

E.

Placing Signs on Utility Poles. No signs shall be placed on any utility pole except for utility identification or similar purposes.

F.

Signs on Public Right-of-Way.

1.

Notwithstanding the provisions of subsection B of this subsection and except as provided herein, it is unlawful to place a sign upon or above a public street, bridge, grounds, sidewalk, alley, right-of-way, curb or other public improvement, or on any public building or structure of any kind belonging to the city of Clovis, or in any public place or any public improvement unless express consent thereof shall have first been granted by the city commission. Any unlawful sign found within, upon or above such public property and easements shall be removed by either building safety personnel or code compliance officers. The city is authorized to impound any signs found illegally on any public property and transport or cause the same to be transported to a location to be designated by either building safety personnel or code compliance officers for storage. Records shall be maintained on where such signs were located, when they were so impounded, and that date on which they were so impounded and the city shall hold the same in a storage area for a period of not more than thirty days. At the end of thirty days such signs will be disposed of as abandoned property.

2.

Temporary signs in residential zones having dimensions not exceeding twenty-four inches by thirty-six inches (eight hundred sixty-four square inches) may be placed adjacent to public streets within the public right-of-way not closer than five feet from the back of the existing curb or roadway. Temporary signs shall not exceed four feet in height measured from the top of the curb of the nearest roadway.

G.

Projecting Signs in Right-of-Way. In established commercial areas signs may project into the right-of-way, but no portion of the sign or its supporting structure may be lower than twelve feet from the top of the curb or theoretical curb line elevation. No portion of the sign may intrude into the street right-of-way closer than one foot behind the back of the curb or theoretical curb line. The sign must be wholly supported from outside the street right-of-way.

(Ord. 1848-2006 § 2(part), 2006; Ord. 1630-2000 § 2, 2000; Ord. 1347-89 § 3, 1989; Ord. 1340-88 § 2(part), 1988).