A building or premises shall be used only for the following purposes in the single-family dwelling district:

(1)

Single-family dwellings, they being buildings designed for occupancy by one (1) family. The word "family" is hereby defined as one (1) or more persons occupying the premises and living as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house or hotel.

(2)

Churches, synagogues, temples.

(3)

Farming and truck gardening, including the usual farm buildings and structures.

(4)

Nurseries and greenhouses.

(5)

Municipal parks and playgrounds.

(6)

Municipal or community buildings.

(7)

Telephone exchanges, provided that no public business office or no repair or storage facilities are maintained.

(8)

Fire stations.

(9)

Water supply reservoirs or wells.

(10)

Public schools and other educational institutions having a curriculum similar to that ordinarily given in public schools.

(11)

Golf courses, except miniature courses and driving ranges operated for commercial purposes.

(12)

The raising of poultry and pets, except when conducted for strictly commercial purposes or when on such a scale that it would be objectionable to surrounding residences because of noise or odor.

(13)

Home occupations, being occupations or professions carried on by a member of a family residing upon the premises in connection with which there is used no sign or other advertising display other than one (1) non-illuminated sign attached to the building entrance which is not more than one (1) square foot in area; provided, that no commodity is sold upon the premises except that which is prepared thereon; provided, that no person is employed other than a member of the immediate family residing thereon, and provided, that no mechanical equipment is installed or used except such as is normally used for domestic or household purposes.

(14)

Accessory buildings customarily incident to the above uses not involving the conduct of a business, including a private two-car garage. Any accessory building which is not a part of the main structure shall be located not less than fifty-five (55) feet from the front lot line.

(15)

Temporary buildings and structures for uses incidental to construction work, which buildings and structures shall be immediately removed upon the completion or abandonment of the said construction work.

(16)

Church or public bulletin boards not exceeding ten (10) square feet in area, or sign pertaining to the lease, hire or sale of a building or premises not exceeding six (6) square feet in area; provided, however, that there shall be not more than one (1) such sign or bulletin board on any one (1) lot.

(17)

Garage and yard sales.

(18)

Columbarium as an accessory to a church, synagogue or temple. Any columbarium which is not located within the main structure shall be located not less than sixty (60) feet from any lot line; shall not exceed a height of six (6) feet; shall have access provided from a dedicated public right-of-way; shall be screened by an opaque fence or hedge at least six (6) feet in height; shall be oriented so that no inurnment opening is visible from any residential zone; no lighting may shine on adjacent residential property and no light may be directed upward; and shall be placed on a permanent foundation for which a permit is obtained. A columbarium must be removed from the site upon the sale of the property by the church, synagogue or temple, or upon the change of use of the property.

(19)

Outdoor licensed on-sale liquor premises operated pursuant to a governmental liquor license and located entirely within a municipal park.

(Code 1960, § 11-2-1; Ord. No. 760, § 2, 6-13-89; Ord. No. 981, § 2, 8-26-96; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1492, art. 1, 4-14-15)

There shall be a front yard having a depth of not less than twenty (20) feet, said front yard being defined as the minimum horizontal distance between the front lot line and the main building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches.

(Code 1960, § 11-2-2; Ord. No. 340, 10-8-63; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1368, 1-12-10)

There shall be a side yard on each of the one-story portions of buildings having a width of not less than five (5) feet and a side yard on each side of the two-story portions of buildings have a width of not less than seven and one-half (7½) feet. The side yard on the street side of a corner lot shall not be less than fifteen (15) feet in width, except in the case where there is no point of access to or from the lot along the abutting streets. Where a corner lot has no point of access to or from the lot along the abutting streets, such side yard shall have the same side yard setback width requirements as a non-corner lot.

Corner lot means a lot where two (2) intersecting sides abut a public or private street at an intersection.

(Code 1960, § 11-2-3; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1438, § 1, 5-14-13; Ord. No. 1504, 12-11-15)

There shall be a rear yard having a depth of not less than thirty (30) feet or twenty (20) percent of the depth of the entire lot, whichever amount is smaller, the rear yard being defined as the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than steps or unenclosed balconies.

(Code 1960, § 11-2A; Ord. No. 783, § 1, 2-13-90; Ord. No. 1234, § 1, 3-22-05)

Every lot shall have a width of at least sixty (60) feet at the building setback line and shall have an area of not less than six thousand (6,000) square feet per family; except that if a lot has less area than herein required and was a lot of record prior to the effective date of this chapter, such lot may be used for one (1) single-family dwelling, and the yard regulations shall not apply; provided, however, that all other district regulations are observed and complied with.

(Code 1960, § 11-2-5; Ord. No. 802, § 2, 10-23-90; Ord. No. 1234, § 1, 3-22-05)

No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height.

(Code 1960, § 11-2-6; Ord. No. 1234, § 1, 3-22-05)

The height of accessory buildings, including garages, shall be limited to one story, except that a second story on such building may be permitted for any use incident to the occupation of the premises as a home provided that no part of an accessory building shall be used for dwelling purposes. No new accessory building, regardless of construction materials, may be located directly under a power line unless a minimum of ten (10) feet of vertical clearance is maintained.

(Code 1960, § 11-2-7; Ord. No. 783, § 2, 2-1390; Ord. No. 1234, § 1, 3-22-05)

No solid fence or enclosure closer than twenty (20) feet to the front lot line shall exceed a height of four (4) feet, and no fence, hedge, or enclosure wall on a corner lot and situated within thirty (30) feet of the intersection of two (2) street lines shall exceed a height of three (3) feet.

(Code 1960, § 11-2-8; Ord. No. 835, § 1, 10-22-91; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1368, 1-12-10)

A building or premises shall be used only for the following purposes in the townhouse dwelling district:

(a)

Any use permitted in the single-family dwelling district (section 29-03-010).

(b)

Townhouses. The word "townhouse" is hereby defined as one residential unit of a contiguous series of two (2) or more individually owned single-family residences which are joined by common interior walls.

(Code 1960, § 11-9A-1; Ord. No. 551, 12-28-76; Ord. No. 980, § 1, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

There shall be a front yard having a depth of not less than twenty (20) feet, said front yard being defined as the minimal horizontal distance between the front lot line and the main building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches.

(Code 1960, § 11-9A-2; Ord. No. 551, 12-28-76; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1368, 1-12-10)

Townhouses, by definition, do not have side yards and are exempt from side yard setback requirements as long as adequate provisions are made for fire- and soundproofing in common walls between connected units composing one (1) structural entity. Townhouses at the ends of each structural entity shall have side yards with the same regulations as in the single-family dwelling district.

(Code 1960, § 11-9A-3; Ord. No. 551, 12-28-76; Ord. No. 1234, § 1, 3-22-05)

There shall be a rear yard having a depth of not less than ten (10) feet, excluding parking and storage buildings, said rear yard being defined as the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than steps or unenclosed balconies.

(Code 1960, § 11-9A-4; Ord. No. 551, 12-28-76; Ord. No. 783, § 3, 2-13-90; Ord. No. 1234, § 1, 3-22-05)

Every townhouse lot shall have a width of at least thirty-five (35) feet at the building setback line and shall contain an area of not less than four thousand (4,000) square feet per dwelling unit.

(Code 1960, § 11-9A-5; Ord. No. 551, 12-28-76; Ord. No. 802, § 3, 10-23-90; Ord. No. 1234, § 1, 3-22-05)

The regulations pertaining to height of buildings and of fences and other solid enclosures shall be the same as those pertaining to the single-family dwelling district (sections 29-03-060 through 29-03-080); provided, however, that the height of a dwelling or other building may exceed two and one-half (2½) stories if the building is of fireproof construction and further provided that any building exceeding such height regulations shall be set back from all street lines and required yard lines one (1) foot for each foot of its height exceeding such limit.

(Code 1960, § 11-9A-6; Ord. No. 551, 12-28-76; Ord. No. 980, § 2, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

Townhouses shall have at least two (2) entries at ground level. There shall be no outside staircases.

(Code 1960, § 11-9A-7; Ord. No. 551, 12-28-76; Ord. No. 1234, § 1, 3-22-05)

Common walls in townhouses shall conform in all respects to the requirements for a sound transmission class of fifty (50) (forty-five (45) if field tested) and a fire resistance rating of one (1) hour.

(Code 1960, § 11-9A-8; Ord. No. 551, 12-28-76; Ord. No. 1234, § 1, 3-22-05)

Accessory buildings or structures may occupy in the aggregate not over forty (40) percent of the required rear yard area. Said buildings shall not be nearer than ten (10) feet to the main building nor nearer than two (2) feet to any property line unless such building is of masonry construction. No new accessory building, regardless of construction materials, may be located directly under a power line unless a minimum of ten (10) feet of vertical clearance is maintained.

(Code 1960, § 11-9A-9; Ord. No. 551, 12-28-76; Ord. No. 783, § 4, 2-13-90; Ord. No. 1234, § 1, 3-22-05)

There shall be a minimum of two (2) off-street parking spaces of at least nine (9) feet by twenty (20) feet for each dwelling unit, provided that access to each parking space shall not be from a major collector street or arterial, and further provided that whenever an alley is used for vehicular access to residential unit off-street parking spaces, such alley shall be paved, be at least thirty (30) feet wide, have Hollywood curbs, and meet all other provisions of the city subdivision requirements for streets. (See section 22-01-060).

(Code 1960, § 11-9A-10; Ord. No. 551, 12-28-76; Ord. No. 1234, § 1, 3-22-05)

A building or premises shall be used only for the following purposes in the two-family dwelling district:

(a)

Any use permitted in the single-family dwelling district (section 29-03-010).

(b)

Two-family dwellings, the same being buildings designed for occupancy by two (2) families, the word "family" being previously defined in section 29-03-010.

(Code 1960, § 11-3-1; Ord. No. 980, § 3, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

The yard regulations shall be the same as in the single-family dwelling district.

(Code 1960, § 11-3-2; Ord. No. 1234, § 1, 3-22-05)

Every lot shall have a width of at least sixty (60) feet at the building setback line and shall contain an area of not less than six thousand (6,000) square feet or three thousand (3,000) square feet per dwelling unit, whichever amount is greater.

(Code 1960, § 11-3-3; Ord. No. 802, § 4, 10-23-90; Ord. No. 865 § 1; Ord. No. 1234, § 1, 3-22-05)

The height regulations and the regulations regarding fences or other solid enclosures shall be the same as in the single-family dwelling district.

(Code 1960, § 11-3-4; Ord. No. 1234, § 1, 3-22-05)

A building or premises shall be used only for the following purposes in the multiple family dwelling district:

(a)

Any use permitted in the two-family dwelling district (section 29-03-190).

(b)

Multiple dwellings, such a dwelling being that building or a portion thereof designed for occupancy by three (3) or more families, the word "family" being previously defined in section 29-03-010.

(c)

Boarding and lodging houses, said boarding and lodging houses being defined as buildings where, for compensation and by prearrangement for definite periods, lodging or meals and lodging are provided for three (3) or more persons but not exceeding twenty (20) persons, in contradistinction to hotels open to transients.

(d)

Nonprofit religious, educational and philanthropic institutions, with the exception of penal or mental institutions.

(e)

Hospitals, clinics, and adult residential shelter care, with the exception of animal hospitals or clinics or mental hospitals.

(f)

Private clubs and lodges and fraternal organizations, excepting those the chief activity of which is a service rendered which is customarily carried on as a business.

(g)

Professional offices or studios of doctors, dentists, artists, musicians, lawyers, and other like professions.

(h)

Accessory buildings and uses customarily incident to any of the above uses, including storage garages, where the lot is occupied by a multiple dwelling, hospital or institutional building. If a storage garage is not a part of the main building, it shall be located not less than sixty (60) feet from the front lot line.

(i)

Whenever a structure is erected or altered for multiple dwelling purposes, one parking space shall be provided on the lot for each dwelling unit in the structure.

(Code 1960, § 11-4-1; Ord. No. 719, § 1, 4-14-87; Ord. No. 980, § 4, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

The yard regulations shall be the same as in the single-family dwelling district (sections 29-03-020 through 29-03-040).

(Code 1960, § 11-4-2; Ord. No. 980, § 5, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

All interior courts shall have a width at least equal to the height of the highest part of the building forming the court, said court being defined as an open space that is more than one-half surrounded by a single building.

(Code 1960, § 11-4-3; Ord. No. 1234, § 1, 3-22-05)

Every lot shall have a width of at least sixty (60) feet at the building setback line and shall contain an area of not less than six thousand (6,000) square feet or two thousand (2,000) square feet per dwelling unit, whichever amount is greater.

(Code 1960, § 11-4-4; Ord. No. 457, 4-27-71; Ord. No. 802, § 5, 10-23-90; Ord. No. 865 § 2; Ord. No. 1234, § 1, 3-22-05)

The regulations pertaining to height of buildings and of fences and other solid enclosures shall be the same as those pertaining to the single-family dwelling district (sections 29-03-060 through 29-03-080); provided, however, that the height of a dwelling or other building may exceed two and one-half (2½) stories if the building is of fireproof construction and further provided that any building exceeding such height regulations shall be set back from all street lines and required yard lines one (1) foot for each foot of its height exceeding such limit.

(Code 1960, § 11-4-5; Ord. No. 980, § 6, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

(a)

In District "C-3," Business District, a building or premises shall be used only for the following purposes:

1.

Detached single family dwellings, two-family dwellings, multiple dwellings, row dwellings, apartment houses, boarding and lodging houses, dwelling units attached to a commercial building.

2.

Amusement places or theaters.

3.

Bakery employing not more than twenty-five (25) persons.

4.

Bank.

5.

Barber shop or beauty parlor.

6.

Dyeing and cleaning works employing not more than twenty-five (25) persons.

7.

Electric repair shop.

8.

Filling station.

9.

Florist shop.

10.

Hotel.

11.

Laundry employing not more than twenty-five (25) persons on the premises.

12.

Lodge or fraternal organization hall or meeting place.

13.

Messenger or telegraph service station.

14.

Newspaper and job printing establishments employing not more than twenty-five (25) persons.

15.

Offices.

16.

Parking lot.

17.

Plumbing shop.

18.

Public garage and automobile sales room.

19.

Restaurant.

20.

Sales and show room.

21.

Store and shop for the conduct of any retail business.

22.

Jewelry shop.

23.

Tailor shop.

24.

Tinsmith shop.

25.

Tire repair shop.

26.

Tourist courts.

27.

Undertaking establishment, to include the placement of columbarium within the main building.

28.

Used car sales or storage lot.

29.

Self-service laundry.

30.

Wholesale sales office or sample room.

31.

Ice delivery station.

32.

Any retail business that is ordinarily conducted in the section of a town or city commonly referred to as the business district; provided, however, that such use is not noxious or offensive by reason of the emission of odors, dust, fumes, noise or vibrations, and further provided that such business is not in any way a menace to the health and safety of the adjacent and surrounding buildings and structures.

33.

Accessory buildings for uses customarily incident to the above uses when located on the same lot.

(b)

Light assembly. An establishment engaged in the production of products by the assembly of existing components, and excluding the use of equipment such as drop hammers, automatic screw machines, punch presses which exceed five (5) tons' capacity and excluding the use of motors exceeding twenty (20) horse power, provided all activities are conducted within an enclosed building architectural similar to the surrounding properties, which use does not utilize or produce in significant quantities as a part of the assembly process, toxic or hazardous materials, which use does not utilize or produce explosive materials in any quantity, and because of the nature of its operations and products, little or no noise, odor, vibration, glare, and/or air and water pollution is produced, and, therefore results in a minimal impact on surrounding properties.

(Code 1960, § 11-5-1; Ord. No. 980, § 7, 7-23-96; Ord. No. 981, § 3, 8-26-96; Ord. No. 1234, § 1, 3-22-05; Ord. No. 1368, 1-12-10; Ord. No. 1401, 7-26-11; Ord. No. 1406, § 1, 11-15-11)

For any two-family, or multiple-family dwelling located within the business district, the same requirements as to lot area shall apply as that governing the respective two-family, and multiple-family areas.

(Code 1960, § 11-5-2; Ord. No. 1234, § 1, 3-22-05)

The rear yard and side yard regulations for dwellings within this district are the same as in the single-family district. In the case of business buildings, the yard requirements shall not apply except:

(a)

On the side of a lot adjoining a dwelling district; in which case, there shall be a side yard of not less than five (5) feet; and

(b)

On any street sides of a corner lot, there shall be a setback of not less than five (5) feet in width; and

(c)

On the boundary of a lot adjoining an alley, there shall be a yard setback of not less than eight (8) feet if electric lines exist on the side of the alley abutting the property. No application for variance from the requirement set forth in this subsection (c) shall be accepted or considered without written concurrence of every public utility company providing electrical service within the corporate limits of the city.

(d)

If electric lines do not exist on either side of the alley abutting the property, written concurrence on the proposed plans shall be required from every public utility company providing electrical service within the corporate limits of the city prior to the issuance of any building permit by the city.

Except as otherwise specified, there are no other yard regulations for business buildings. However, no building shall be built on White Sands Boulevard within ten (10) feet of the front lot line. The city manager shall not issue a permit for the construction of any permanent structure within the ten-foot setback.

(Code 1960 § 11-5-3; Ord. No. 783, § 5, 2-13-90; Ord. No. 804, § 1, 12-11-90; Ord. No. 1234, § 1, 3-22-05)

In the case of the existence of living facilities above stores or other commercial uses, every lot shall provide an area of not less than one thousand (1,000) square feet per family.

(Code 1960, § 11-5-4; Ord. No. 1234, § 1, 3-22-05)

(a)

Off-street parking for automobiles shall be provided within a distance of five hundred (500) feet for all business buildings erected in the business district, in a proportion of not less than three (3) square feet for each square foot of area inside any such business building. Plans showing the proposed off-street parking shall be submitted to the building inspector, together with the application for the building permit; and no building permit shall be issued by the building inspector until such plans for off-street parking have been submitted and approved by the building inspector.

(b)

Where property has been zoned Class "C-3" and improved before the effective date of Ordinance No. 661, adopted September 13, 1983, then that property is exempt from the off-street parking provisions of this section so long as the existing improvements remain on the premises and there is no addition to, or expansion of, such improvements so as to occupy a greater portion of the premises. In all other cases, parking must be provided as set forth in subsection (a) of this section.

(c)

For motels and hotels there shall be a minimum of one off-street parking space of at least nine (9) feet by twenty (20) feet for each guest room or apartment, plus one (1) for each one and one-fourth (1¼) employees. Areas devoted to accessory uses (including but not limited to restaurants, lounges, and meeting rooms) shall comply with the requirements of subsection (a). Parking spaces shall not be directly accessible from a public right-of-way, nor require backing across a sidewalk for egress.

(Code 1960, § 11-5-5; Ord. No. 518, 10-22-74; Ord. No. 661, 9-13-83; Ord. No. 717, 1-13-87; Ord. No. 1234, § 1, 3-22-05)

There is hereby created a zoning district to be known as "C-1," or "Neighborhood Retail Business," which shall have the same area and height regulations as provided for in sections 29-03-300 through 29-03-320.

(Code 1960, § 11-6-1; Ord. No. 980, § 8, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

Buildings and premises in the neighborhood retail business district shall be subject to the following restrictions:

(a)

Reserved.

(b)

Commercial uses restricted to closed buildings, except automobile service stations and parking lots.

(c)

Outdoor listings and displays prohibited in any yard.

(d)

Noise broadcasting beyond building prohibited.

(e)

Wholesaling prohibited.

(f)

Outside storage of materials or supplies prohibited.

(g)

Any lighting must be so placed to reflect the light away from lots in residential districts.

(h)

Signs shall not be intermittent, flashing or scintillating and shall be non-animated.

(Code 1960, § 11-6-2; Ord. No. 636-81, § 1, 10-16-81; Ord. No. 1234, § 1, 3-22-05)

Off-street parking for automobiles shall be provided within a distance of five hundred (500) feet for all business buildings erected in the neighborhood retail business district, in a proportion of not less than three (3) square feet for each square foot of area inside any such business building. Plans showing the proposed off-street parking shall be submitted to the building inspector, together with the application for building permit; and no building permit shall be issued by the building inspector until such plans for off-street parking have been submitted and approved by the building inspector.

(Code 1960, § 11-6-3; Ord. No. 1234, § 1, 3-22-05)

Property in the "C-1" zone may be used for:

(a)

Detached single family dwellings, two-family dwellings, multiple dwellings, row dwellings, apartment houses, boarding and lodging houses, dwelling units attached to a commercial building.

(b)

Automobile service station, provided any tube and tire repairing, battery charging and storage of merchandise or supplies are conducted wholly within a building; provided, further, that any lubricating or washing not conducted wholly within a building shall be permitted only if a masonry wall six (6) feet in height is erected and maintained between such uses and any adjoining the "R-1" zone.

(c)

Bakery goods shops (not more than two (2) persons making bakery goods).

(d)

Banks.

(e)

Personal service shops such as barber shops, beauty parlors, and shoe polishing stands.

(f)

Book or stationery stores.

(g)

Clothes cleaning agencies or pressing establishments; and clothe cleaning establishments, provided that:

1.

No inflammable or combustible materials are used in the cleaning process.

2.

All activities are conducted within a completely enclosed building with no outside storage.

3.

Not more than three (3) persons are engaged in operating any dry cleaning establishment, excluding pressers and office, clerical and delivery personnel.

4.

Such establishments are operated principally as retail businesses.

5.

That portion of the building in which the dry cleaning process is immediately situated is not less than fifty (50) feet from the closest dwelling.

(h)

Clubs or lodges, nonprofit, fraternal or religious associations.

(i)

Confectionery stores (not more than two (2) persons making candy).

(j)

Custom dressmaking or millinery shops.

(k)

Drug stores.

(l)

Dry goods or notions stores.

(m)

Florist or gift shops.

(n)

Grocery, fruit, or vegetable stores.

(o)

Hardware or home appliance stores.

(p)

Hospitals (except animal) or sanitariums.

(q)

Jewelry stores.

(r)

Laundry agencies.

(s)

Liquor stores.

(t)

Meat market or delicatessen stores.

(u)

Offices, professional or business.

(v)

Photographers.

(w)

Restaurants, tea rooms, or cafes (no dancing or entertainment).

(x)

Shoe stores or shoe repair shops.

(y)

Tailor, clothing or wearing apparel shops.

(z)

Parks, playgrounds or community centers.

(a-1)

Churches, synagogues, temples.

(b-1)

Museums, and libraries.

(c-1)

Public parking areas treated with gravel, oil, or other higher type surfacing and enclosed with an ornamental fence, wall or compact evergreen hedge maintained at a height of at least five (5) feet on lot lines adjacent to a residential zone.

(d-1)

Columbarium as an accessory to a church, synagogue or temple. Any columbarium which is not located within the main structure shall be located not less than sixty (60) feet from any lot line; shall not exceed a height of six (6) feet; shall have access provided from a dedicated public right-of-way; shall be screened by an opaque fence or hedge at least six (6) feet in height; shall be oriented so that no inurnment opening is visible from any residential zone; no lighting may shine on adjacent residential property and no light may be directed upward; and shall be placed on a permanent foundation for which a permit is obtained. A columbarium must be removed from the site upon the sale of the property by the church, synagogue or temple, or upon the change of use of the property.

(Code 1960, § 11-6-4; Ord. No. 981, § 4, 8-26-96; Ord. No. 1234, § 1, 3-22-05)

Other uses or enterprises similar to those mentioned heretofore in this chapter which in the judgment of the board of commissioners are similar to and not more objectionable to the general welfare than the uses listed, may also be used.

(Code 1960, § 11-6-5; Ord. No. 1234, § 1, 3-22-05)

In the light industrial district a building or premises may be used for any purpose except the following:

(1)

Acetylene gas manufacture or bulk storage.

(2)

Acid manufacture.

(3)

Alcohol manufacture.

(4)

Ammonia, bleaching powder or chlorine manufacture.

(5)

Arsenal.

(6)

Asphalt manufacture or refining.

(7)

Auto wrecking.

(8)

Blast furnace.

(9)

Bag cleaning.

(10)

Boiler works.

(11)

Brick, tile, pottery or terra cotta manufacture, other than the manufacture of handicraft products only.

(12)

Cement, lime, gypsum, or plaster of paris manufacturing.

(13)

Central mining plant for cement, mortar, plaster, or paving materials.

(14)

Coke ovens.

(15)

Creosote manufacture or treatment.

(16)

Disinfectants manufacture.

(17)

Distillation of bones, coal or wood.

(18)

Dyestuff manufacture.

(19)

Explosives or fireworks manufacture or storage.

(20)

Fat rendering.

(21)

Fertilizer manufacture.

(22)

Forge plant.

(23)

Garbage, offal, or dead animal reduction or dumping.

(24)

Gas manufacture or storage.

(25)

Glue, size or gelatin manufacture.

(26)

Iron, steel, brass or copper foundry.

(27)

Junk, iron or rag storage or baling.

(28)

Oilcloth or linoleum manufacture.

(29)

Oiled rubber goods manufacture.

(30)

Ore reduction.

(31)

Paint, oil, shellac, turpentine or varnish manufacture.

(32)

Paper and pulp manufacture.

(33)

Petroleum or its products, refining or wholesale storage of.

(34)

Planing mills.

(35)

Rock crusher.

(36)

Rolling mills.

(37)

Rubber or gutta-percha manufacture or treatment.

(38)

Shoe polish manufacture.

(39)

Smelting of tin, copper, zinc or iron ores.

(40)

Soap manufacture other than liquid soap.

(41)

Stockyards or slaughter of animals or fowl.

(42)

Stone mill or quarry.

(43)

Tallow, grease or lard manufacture, or refining from, or of, animal fat.

(44)

Tanning, curing or storage of rawhides or skins.

(45)

Tar distillation or manufacture.

(46)

Tar roofing or waterproofing manufacture.

(47)

Vinegar manufacture.

(48)

Wool pulling or scouring.

(49)

Yeast plant.

(50)

Residential dwelling units (single-family, two-family, or multi-family) except for accommodations for bona fide shift workers in conjunction with a legally established industrial use.

And in general, those uses which may be obnoxious, or offensive by reason of emission of odor, dust, smoke, gas, vibration, or noise.

(Code 1960, § 11-7-1; Ord. No. 775, § 1-3, 11-14-89; Ord. No. 1234, § 1, 3-22-05)

Accessory buildings and uses customarily incident to the uses permitted shall be allowed within this area.

(Code 1960, § 11-7-2; Ord. No. 1234, § 1, 3-22-05)

The rear yard and side yard regulations are the same for dwellings within this district as in the single-family district. Except as set forth in section 29-03-430, the yard requirements shall be identical to those set forth in section 29-03-310.

(Code 1960, § 11-7-3; Ord. No. 783, § 6, 2-13-90; Ord. No. 804, § 2, 12-11-90; Ord. No. 980, § 9, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

In the event there are living facilities above stores or other commercial uses, every lot shall provide an area of not less than one thousand (1,000) square feet per family.

(Code 1960, § 11-7-4; Ord. No. 1234, § 1, 3-22-05)

(a)

No building to be used for commercial purposes shall be built on Tenth Street or White Sands Boulevard within fifty (50) feet of the curbline. The fifty-foot restriction shall be from the building and does not include canopies, awnings and other structures of a similar nature.

(b)

The restrictions in subsection (a) shall not apply to any block which has commercial buildings on twenty (20) percent of the lots in said block as of October 1, 1971.

(c)

Any commercial building constructed after October 1, 1971, on Tenth Street or White Sands Boulevard shall provide off-street parking for automobiles immediately adjacent to each such building in a proportion of not less than three (3) square feet for each square-foot of area inside any such business building. Plans showing the off-street parking shall be submitted to the building inspector; together with the application for a building permit. No building permit shall be issued by the building inspector until such plans for off-street parking have been submitted and approved by the building inspector.

(Code 1960, § 11-7-5; Ord. No. 467, 9-14-71; Ord. No. 780, 2-13-90; Ord. No. 783, § 7, 2-13-90; Ord. No. 804, § 3, 12-11-90; Ord. No. 1234, § 1, 3-22-05)

In the industrial district any building or premises may be used for any purpose not in conflict with any provision of this Code regulating nuisances; provided, however, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the city commission:

(a)

Acid manufacture.

(b)

Cement, lime, gypsum, or plaster of Paris manufacture.

(c)

Distillation of bones.

(d)

Explosives manufacture or storage.

(e)

Fat rendering.

(f)

Fertilizer manufacture.

(g)

Gas manufacture.

(h)

Garbage, offal, or dead animals, reduction or dumping.

(i)

Glue manufacture.

(j)

Milling plants.

(k)

Petroleum, or its products, refining of.

(l)

Smelting of tin, copper, zinc, or iron ores.

(m)

Stockyards or slaughter of animals.

(n)

Wholesale storage of gasoline.

(o)

Any other uses which might be objectionable to, or adversely affect nearby residential districts because of emission of odor, dust, smoke, gas, or noise.

(p)

Residential dwelling units (single-family, two-family, or multi-family) except for accommodations for bona fide shift workers in conjunction with a legally established industrial use.

(Code 1960, § 11-8-1; Ord. No. 1234, § 1, 3-22-05)

The side and rear yard regulations for dwellings within this district are the same as those in the single-family dwelling district. The yard requirements shall be identical to those set forth in section 29-03-310.

(Code 1960, § 11-8-2; Ord. No. 783, § 8, 2-13-90; Ord. No. 980, § 10, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

In the event that there are living facilities in connection with industrial or other non-dwelling uses, every lot shall provide an area of not less than one thousand (1,000) square feet per family.

(Code 1960, § 11-8-3; Ord. No. 1234, § 1, 3-22-05)

No building shall be erected higher than one hundred fifty (150) feet; provided, however, that such construction in excess of one hundred fifty (150) feet shall be permitted when the building is set back from all street lines and required yard lines, if any, one foot for each three (3) feet of its height exceeding such limit.

(Code 1960, § 11-8-4; Ord. No. 1234, § 1, 3-22-05)

A building or premises shall be used for the following purposes:

(a)

Any use permitted in the single-family dwelling district.

(b)

Individual manufactured housing units used for residential purposes; provided, not more than one (1) manufactured housing unit shall be situated on any one (1) residential lot, and provided, further, that all regulations of the state department of public health and of the city shall be observed and complied with and provided, further, that only one (1) manufactured housing unit or one (1) residence shall be permitted to be occupied on any one (1) residential lot, but not both.

(Code 1960, § 11-9-1; Ord. No. 1234, § 1, 3-22-05)

The height and area regulations for all uses except manufactured housing/recreational vehicle parks shall be the same as in the single-family dwelling district; provided, however, that no building of any kind shall exceed one story, or a total height of twenty (20) feet, whichever is less.

(Code 1960, § 11-9-2; Ord. No. 1234, § 1, 3-22-05)

The yard regulations shall be the same as in the single-family dwelling district.

(Ord. No. 625-81, § 1(11-9-3), 5-26-81; Ord. No. 1234, § 1, 3-22-05)

The regulations regarding fences and other solid enclosures shall be the same as in the single-family dwelling district.

(Ord. No. 625-81, § 1(11-9-4), 5-26-81; Ord. No. 1234, § 1, 3-22-05)

A building or premises in the manufactured housing/recreational vehicle park district may be used only for the following purposes:

(a)

Any use permitted in the single-family dwelling district (section 29-03-010).

(b)

Parking of one (1) or more individual manufactured housing units or recreational vehicles used for residential purposes; provided that all regulations of the state department of public health and of the city shall be observed and complied with.

(Ord. No. 639-81, § 1(11-9B-1), 12-22-81; Ord. No. 980, § 11, 7-23-96; Ord. No. 1234, § 1, 3-22-05)

The height and area regulations for all trailer courts shall be the same as specified within the manufactured housing/recreational vehicle park regulations (chapter 25).

(Ord. No. 639-81, § 1(11-9B-2), 12-22-81; Ord. No. 1234, § 1, 3-22-05)

This district permits a very low density of population in which the principal land use is single-family dwellings.

(Ord. No. 1368, 1-12-10)

(a)

Permissive uses.

(1)

One (1) single-family dwelling per lot:

a.

All dwelling units shall be permanently affixed to a permanent foundation. No dwelling unit shall be temporary in nature. Permanent foundations for dwelling units that are not site built shall comply with the New Mexico Manufactured Housing Division Rules and Regulations (NMAC 14.12.2) for permanent foundations.

b.

Each dwelling unit must have either an attached or detached private garage permanently affixed to a permanent foundation. If the garage is attached to the dwelling unit, the garage must have an interior measurement of at least 11 feet by 24 feet in size. If the garage is detached from the dwelling unit, the garage must have an interior measurement of at least 20 feet by 24 feet in size. The garage shall have a similar external appearance and finish as the dwelling unit and shall be completed and issued a certificate of occupancy no later than 12 months after occupation of the dwelling.

(2)

Accessory uses, buildings and structures, the keeping of livestock in accordance with subsection 29-03-540.2.c, and accessory living quarters not exceeding one thousand two hundred (1,200) square feet and corresponding in architectural design with the primary dwelling unit;

(3)

Publicly owned or operated park, playground or community building;

(4)

Family child care home with a capacity of six (6) or less;

(5)

Community residential care facility up to ten (10) persons.

(b)

Special uses (subject to conditional use permit). In the R-E district, special uses are as follows:

(1)

Country club or golf course, except miniature course, practice tee or similar facility operated for commercial purposes.

(2)

Churches, Sunday school buildings, and other places of worship and those uses traditionally associated with these including, but not limited to: convents, monasteries. parish houses, rectories, seminaries, and child day care services, provided the property has frontage on an arterial or collector street as shown on the approved major thoroughfare plan.

(3)

Public utility and service uses including, but not limited to: fire stations, electric substations, gas regulator stations, telephone exchanges, microwave relay towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity, commercial radio and television towers, sewage treatment plants, well and water pumping stations, water filtration plants, water reservoirs, and other similar uses.

(4)

Public elementary and high school, or private school, with curriculum the same as ordinarily given in public elementary or high schools.

(c)

Livestock restrictions. Livestock shall be permitted in the residential estate (RE) zoning district subject to the following conditions:

(d)

Animal nuisance prohibited. Nothing in this section shall be construed as permitting the keeping of livestock in a manner that constitute an animal nuisance as prohibited by section 7-01-050 of the Alamogordo Code of Ordinances.

(Ord. No. 1368, 1-12-10; Ord. No. 1493, art. 3, 4-14-15)

The following property development standards shall apply to all land and buildings in the R-E district:

a.

Density. There shall be not more than one (1) single-family dwelling unit on any one (1) lot. No lot may have more than one (1) accessory building per 32,685 square feet (0.75 acres).

b.

Front yards. There shall be a front yard having a depth of not less than twenty (20) feet, said front yard being defined as the minimum horizontal distance between the front lot line and the main building or any projection thereof, other than steps, unenclosed balconies or unenclosed porches.

c.

Side yards. There shall be a side yard on each side of the dwelling unit having a width of not less than fifteen (15) feet. The side yard on the street side of a corner lot shall be not less than fifteen (15) feet in width. If garage access for an attached garage is through the street side yard the minimum setback for the dwelling unit will be twenty (20) feet. The side yard for an accessory building shall be not less than three (3) feet.

d.

Rear yards. There shall be a rear yard having a depth of not less than thirty (30) feet or twenty (20) percent of the depth of the entire lot, whichever amount is smaller, the rear yard being defined as the minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof other than steps or unenclosed balconies.

e.

Lot width and areas. Every lot shall have a width of at least ninety (90) feet at the building setback line and a width of at least thirty-five (35) feet at the front lot line. Every lot shall have an area of not less than 32,685 square feet (0.75 acres). If on-sewer is used, then lot sizes required by the New Mexico Environmental Improvement Division shall apply.

f.

Building heights. No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height. The height of accessory buildings, including garages, shall be limited to twenty-five (25) feet. No new accessory building, regardless of construction materials, may be located directly under a power line unless a minimum of ten (10) feet of vertical clearance is maintained.

g.

Fences. No solid fence or enclosure closer than twenty (20) feet to the front lot line shall exceed a height of four (4) feet, and no fence, hedge, or enclosure wall on a corner lot and situated within thirty (30) feet of the intersection of two (2) street lines shall exceed a height of three (3) feet.

h.

Off-street parking. Off-street parking spaces must be provided. The number of off-street parking spaces shall be sufficient to accommodate the number of vehicles that ordinarily are likely to be attracted to the development.

i.

Private on-site liquid waste systems meeting the technically more restrictive requirements of either the New Mexico Environmental Department or any waste disposal system ordinance enacted by the City shall be permitted.

(Ord. No. 1368, 1-12-10)

Planned unit development district (PUD). This district is a floating district that may be located within any residential or commercial district if it meets all the standards for a planned unit development. PUD's shall be planned as integral units and may be residential, commercial, or a combination of land uses. The approval process for a planned unit development involves rezoning the property upon approval of a developer's application for a specific planned development project. The purposes of planned unit development regulations are to:

(1)

Comply with growth management policy as established in the land use element, other applicable elements and all companion documents to the comprehensive plan;

(2)

Produce more flexibility in development than would result from a strict application of this Code;

(3)

Permit design flexibility that will encourage a more creative approach to the development of land and that will result in more efficient and aesthetically desirable alternatives to the housing and other development needs of the community;

(4)

Permit flexibility in land use, density, placement of buildings, arrangement of open space, circulation facilities, and off-street parking areas, and maximize the potential of individual sites under development;

(5)

Promote the infill of vacant land; and

(6)

Create developments that balance the benefits to the community with the developer's interests.

(Ord. No. 1368, 1-12-10)

A planned unit development district is established and may be requested on any property within the city. There is no minimum size requirement for property to be considered for a planned unit development district. However, no planned unit development shall be approved where the size of the property is such that the purposes of this article cannot be achieved.

(Ord. No. 1368, 1-12-10)

(a)

Stages generally. A planned unit development shall be processed in three stages: sketch plan, preliminary plan and final plat. Each stage shall be processed through the city in the order outlined in this section, except that the preliminary plan and final plat stages may be processed concurrently for cluster developments, provided all of the information requirements for the preliminary plan and final plat are satisfied at the time the request is submitted.

(b)

Sketch plan. The sketch plan shall be submitted in accordance with the following:

(1)

Procedure.

a.

Prior to submitting a preliminary plan for a planned unit development, the petitioner may meet with the community development department to become familiar with this article.

b.

The community development department shall, within fifteen (15) days, inform the petitioner that the sketch plan does or does not meet the objectives of this article. If the community development department finds that the sketch plan does not meet the objectives of this article, it should provide information in writing to the subdivider indicating in what ways the sketch plan does not meet the objectives of this article.

(2)

Submission requirements.

a.

So that the community development department may have sufficient information to determine the feasibility of a proposed planned unit development, it is strongly suggested that the following data be presented for review prior to the filing for approval of a preliminary plat.

b.

A location map shall indicate the location of the proposed planned unit development on a map that references existing community facilities, within a one-mile radius of the tract proposed for development, such as streets, shopping centers, schools and parks. The location map shall consist of an existing base map, such as a United States Geological Survey, a city or a county base map.

c.

A sketch plan, preferably drawn on a topographic map, shall show the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan shall be on a scale of not more than two hundred (200) feet to the inch and shall contain the following:

1.

North point, scale, and the date.

2.

Title of the proposed subdivision, name and address of the subdivision, engineer and land surveyor.

3.

The layout, numbers and approximate dimensions of the proposed lots.

4.

Existing streets, roads, drainage courses and principal utility lines on adjoining properties expected to service the area and the approximate location and widths of proposed streets.

5.

The location, width and purpose of existing easements within or immediately adjacent to the proposed subdivision.

6.

The approximate location, dimensions and proposed use of the planned unit development.

(c)

Preliminary plan. The preliminary plan shall be submitted in accordance with the following:

(1)

Procedure.

a.

The petitioner shall file a petition with the community development department, in conformance with section 29-01-020, and one (1) paper copy and fourteen (14) electronic copies of the preliminary plan, which comply with the submission requirements of subsection (c)(2) of this section. If necessary, the community development department may request additional paper and/or electronic copies.

b.

The preliminary plan will be furnished to the applicable city departments and local utility companies for their review, comments and recommendations for approval or disapproval.

c.

The preliminary plan of the planned unit development shall be scheduled for a public hearing before the planning and zoning commission and notice shall be provided as required by section 29-01-020. The petitioner or his representative shall be notified of the time, place and date of the public hearing. It shall be the responsibility of the petitioner or his representative to make the presentation before the planning and zoning commission.

d.

Upon completion of the public hearing, the planning and zoning commission shall either table the preliminary plan or make a recommendation to the city commission that the preliminary plan for the planned unit development be either approved, conditionally approved, or disapproved, and shall include findings of fact related to the specific proposal and shall set forth particularly in what respects the proposal would or would not be in the public interest, including but not limited to findings of fact on the following:

1.

In what respects the proposed plan is or is not consistent with the stated purpose of the planned unit development in section [purpose and intent section].

2.

The extent to which the proposed plan meets the requirements and standards of the planned unit development.

3.

The extent to which the proposed plan departs from this chapter and the subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.

4.

The physical design of the proposed plan and the manner in which such design does or does not make adequate provisions for public services; provide adequate control over vehicular traffic; provide for and protect designated common open space; and provide for adequate light, air and fire protection.

5.

The relationship and compatibility, beneficial or adverse, of the proposed plan to adjacent properties and the surrounding neighborhood.

6.

The conformity of the proposed plan with the recommendations of the city master and/or plan.

e.

The preliminary plan of the planned unit development, if not tabled, will then be placed on the next city commission agenda. The petitioner or his representative shall be notified of the time, place and date of the public hearing. The petitioner or his representative shall again be responsible for presenting his proposal and to answer questions.

f.

After considering the preliminary plan for the planned unit development or recommendations by the city departments and the planning and zoning commission, testimony and exhibits submitted at the public hearing, the city commission shall approve, conditionally approve, or disapprove the planned unit development. The city commission may decide to defer its final decision, for further advisement, until the next city commission meeting, at which time it will be required to approve, conditionally approve, or disapprove the proposed planned unit development. The planned unit development proposal may be tabled indefinitely upon the mutual agreement of the city commission and the petitioner or his representative.

g.

Upon approval of the planned unit development by the city commission, the community development department shall amend the official zoning map for the city to reflect a change in zoning district to the planned unit development district.

(2)

Submission requirements.

a.

The plans and data as given in subsection (b) of this section that the petitioner has not filed with the community development department shall be part of the application for approval of a preliminary plan.

b.

The preliminary plan shall be drawn in conformance with the requirements of the land subdivision regulations for preliminary plans.

c.

A site plan shall be submitted with the preliminary plan which shall contain the following information:

1.

The proposed location of all structures in relation to the exterior boundary lines of the planned unit development, proposed lot lines and proposed streets.

2.

Site information which shall include the gross area of the site, percent of area devoted to streets, percent of area devoted to common open space, and percent of area devoted to each land use type proposed, and calculations of gross and net densities, including estimated total floor area for any nonresidential uses proposed to be included in the planned unit development.

3.

The following written statements shall be submitted with the site plan:

i.

A statement of the planning objectives to be achieved by the planned unit development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant, including the specific advantages the planned unit development offers as opposed to a conventional subdivision.

ii.

A development schedule indicating the approximate date when construction of the planned unit development or stages of the planned unit development can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas.

iii.

A statement of the applicant's intentions with regard to future ownership of all or portions of the planned unit development.

(d)

Final plat. The final plat shall be submitted in accordance with the following:

(1)

Procedure.

a.

After approval by the city commission of the preliminary plan of a planned unit development, application may be made for approval of a final plat.

b.

The developer or his representative shall submit the following information to the community development department a minimum of twenty (20) days prior to the city commission meeting at which it is to be considered:

1.

Proof of ownership of the property, such as a copy of a warranty deed.

2.

A statement as to how and when the developer intends to install all required public improvements.

3.

Fourteen (14) copies of the final plat which comply with submission requirements of subsection (d)(2) of this section.

c.

The final plat of the planned unit development shall be furnished to the applicable city departments and local utility companies for their review, comments and recommendations for approval or disapproval.

d.

The final plat of the planned unit development shall be placed on the city commission agenda. The developer or his representative shall be notified of the time, place and date of the city commission meeting at which the final plat will be considered. It shall be the responsibility of the developer or his representative to make a presentation, if requested by the city commission.

e.

The final plat shall be deemed in substantial compliance with the preliminary plan, provided the final plat does not violate any section of this chapter or the land subdivision regulations which have not been previously waived during consideration of the preliminary plan and has not been changed in any of the following ways:

1.

The area reserved for common open space or usable open space has not been reduced by more than three (3) percent.

2.

The floor area proposed for nonresidential use has not been increased by more than three (3) percent.

3.

The residential densities have not been increased by more than one (1) percent.

4.

The percentage of total units in multiple-family use has not been increased by more than three (3) percent.

f.

After considering the final plat for the planned unit development, the city commission shall approve, conditionally approve, or disapprove the planned unit development. The city commission may decide to defer its final decision, for further advisement, until the next city commission meeting, at which time it will be required to approve, conditionally approve, or disapprove the proposed planned unit development. The planned unit development proposal may be tabled indefinitely upon the mutual agreement of the city commission and the petitioner or his representative.

g.

After approval of the final plat by the city commission, the original Mylar plat shall be submitted to the city for filing with the county clerk.

(2)

Submission requirements.

a.

The final plat shall be at a scale of one (1) inch to one hundred (100) feet or larger and shall be eighteen (18) inches by twenty-four (24) inches, and shall comply with the following:

1.

The final plat shall be drawn in conformance with the requirements of the land subdivision regulations for final plats.

2.

The final plat shall show, where possible, exact position of proposed buildings and structures. If this is not possible, a building envelope or range of possible locations shall be shown. The relationship of proposed buildings to the building envelope shall be noted on the plat.

3.

Calculations of gross and net density shall appear on the plat, together with detailed information regarding the total area of the tract and the amount of land reserved as open space.

4.

The developer or his representative shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas and communally owned facilities and private streets.

5.

Construction plans shall be submitted with the final plat for all proposed public improvements. All public improvements shall be designed by a qualified engineer registered in accordance with the state laws. The plans shall be reviewed and approved by the city engineer. The standards contained in the subdivision regulations shall be used as a guideline.

6.

A detailed drainage plan shall be submitted with the final plat which includes the calculations used to determine the sizing of storm water system improvements. The plan shall be reviewed and approved by the city engineer.

(Ord. No. 1368, 1-12-10)

(a)

Minor changes in the location, sizing, height and siting of buildings and structures in a planned unit development may be authorized by the planning and development director without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. The planning and development director shall not approve any of the following changes:

(1)

A change in the use or character of the development.

(2)

A change which would create problems of traffic circulation and public utilities.

(3)

A reduction by greater than three (3) percent of the approved open space.

(4)

A reduction by greater than one (1) percent of the off-street parking and loading space.

(5)

A reduction in the approved pavement widths or rights-of-way for streets or easements.

(6)

An increase of greater than two (2) percent in the approved gross lease-able floor areas of commercial buildings in either residential or commercial planned unit developments.

(7)

An increase by greater than one (1) percent in the approved residential density of the proposed development.

(b)

All other changes in use or rearrangement of lots, blocks and building tracts or any changes other than listed in subsection (a) of this section may be made only by the city commission after review and recommendation by the planning and zoning commission. Such amendments shall be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes approved in the final plan shall be recorded as amendments to the final plan in accordance with the procedures established for the filing of the initial approved plan documents.

(Ord. No. 1368, 1-12-10)

(a)

To ensure orderly development of a mixed use planned unit development and the installation of public improvements, a development schedule shall be submitted with the PUD and enforced by the city commission, as provided in this section.

(b)

The applicant must begin and substantially complete the development of an approved planned unit development within two (2) years from the time of final approval. Extensions for successive periods of six (6) months may be granted by the city commission. If the planned unit development is to be developed in stages, the approved plan shall contain a development schedule, and the applicant must begin and substantially complete the development of each stage within two (2) years of the time provided for the start of construction of each stage in the development schedule. Extension may be granted by the city commission on the same basis as for nonstaged development. Failure to develop within the time limit set forth in this subsection shall cause a forfeiture of the right to proceed under the final plan and shall require resubmission of all materials and reapproval of such, unless an extension is granted by the city commission.

(c)

If no development of the planned unit development has commenced, a planned unit development may be abandoned and the property may be developed in conformance with the standards of the zoning district which existed prior to consideration of the planned unit development district. To abandon the planned unit development district, the owner of the property shall file a statement, pursuant to NMSA 1978, § 3-20-12, with the community development department, declaring the plat vacated. The vacation of the planned unit development final plat must be endorsed "approved" by the city commission. Upon doing so, the endorsed statement will be filed with the county clerk, and the PUD district designation will be removed from the official map.

(d)

This article shall not apply to developments approved as a large scale development or a community unit plan prior to the effective date of the ordinance from which this section derives.

(Ord. No. 1368, 1-12-10)

Any development which complies with the terms of this article shall be deemed in compliance with or exempt from the land subdivision regulations. Such regulations shall not apply to developments under this article, except as specifically referred to in this article. Likewise, to the extent the sections of this article conflict with or vary from any other section of this chapter, this article shall govern any development in conformity therewith.

(Ord. No. 1368, 1-12-10)

Poultry may be kept in all zoning districts subject to the following conditions:

(1)

Four (4) females (hen (chicken), hen (turkey), duck, or goose) may be kept on any lot within the city.

(2)

In lots having an area of at least one-half (½) acre but less than one (1) acre, ten (10) females (hen (chicken), hen (turkey), duck, or goose) may be kept.

(3)

In lots of one (1) acre or larger, twenty-five (25) females (hen (chicken), hen (turkey), duck, or goose) may be kept per acre.

(4)

No rooster or male chickens mature enough to crow or otherwise disturb the peace shall be kept within the city.

(5)

Poultry permitted by this chapter shall be housed in outdoor species-appropriate housing.

(6)

Secure enclosures which protect the poultry from predators and allow for species specific behaviors including but not limited to roosting, scratching, dusting, and nesting, are required and shall be constructed prior to acquisition of the poultry. Roosting areas shall provide no less than two (2) square feet per bird. The enclosure shall provide adequate shade and must be located at least ten (10) feet from any other structure and at least five (5) feet from any lot line.

(7)

Poultry shall be provided with constant access to potable water in sufficient amount as to maintain good health.

(8)

Nothing in this section shall be construed as permitting the keeping of poultry in numbers that constitute an animal nuisance as prohibited by section 7-01-050 of the Alamogordo Code of Ordinances.

(Ord. No. 1493, art. 4, 4-14-15)