The purpose for which the R-1 district is created is to provide areas for low density single-family residential development along with customary accessory uses. Full time occupancy shall not exceed six (6) unrelated persons, unless otherwise permitted by law. (Ord. 2002-02, 1-17-2002)

Accessory building, one, having residential uses customarily incidental to single-family dwelling units.

Detached garages, provided all setbacks and open space requirements are met and structure is architecturally compatible with the principal building. Minimum building separation of ten feet (10'), including eaves.

Dwelling unit: One single-family residence.

Garage sale, two (2) per year.

Garages, private, accessory to the principal permitted use shall be consistent with this zoning code and the building codes and aesthetically compatible.

Home occupations: See section 9-7-6 of this title.

Noncommercial greenhouse or gazebo.

Planned unit developments.

Sign, one, with the name of resident or owner and street address of two (2) square feet maximum will be allowed without a sign permit; minimum setback of five feet (5'). (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2011-01, 1-11-2011; Ord. 2021-9, 9-14-2021)

On lots of one (1) or over, one detached or attached accessory living quarters may be added within one hundred feet (100') of the principal dwelling, but not larget than fifty percent (50%) of the area of the principal dwelling with a minimum of fiver hundred (500) square feet of heated living space.

      A.   Standards:

         1.   Detached or attached accessory living quarters shall be a conditional use in R-1 zoning subject to the following requirements:

            a.   All setback and open space requirements are met and structure is architecturally compatible with the principle building.

            b.   Minimum separation of detached structures of ten feet (10'), including eaves.

            c.   A minimum of an additional two (2) off-street parking spaces are provided on the property in addition to current parking spaces.

            d.   Additional encroachments will require a separate permit and meet or exceed all encroachment codes and standards.

            e.   Connection to Village water system and waste water system in required if the primary structure is also required to connect.

            f.   Septic systems (if permitted) must meet or exceed size and system requirements for the addition of the accessory living quarters.

Small residential wind energy system generating ten (10) kilowatts or less.

      A.   Standards:

         1.   Small residential wind energy systems shall be a conditional use in all zoning districts subject to the following requirements:

            a.   Maximum Tower Height: The vertical distance from ground level to the tip of a wind generator blade and shall not exceed thirty five feet (35') from outside edge of rotor.

            b.   Setbacks: A wind tower for a small residential wind system shall be set back a distance equal to its total height from:

               (1)   Any public road right of way, unless written permission is granted by the governmental entity with jurisdiction over the road;

               (2)   Any overhead utility lines, unless written permission is granted by the affected utility;

               (3)   All property lines, unless written permission is granted from the affected landowner or neighbor.

            c.   Access:

               (1)   All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

               (2)   The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet (8') above the ground.

            d.   Electrical Wires: All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

            e.   Lighting: A wind tower and generator shall not be artificially lighted unless such lighting is required by the federal aviation administration.

            f.   Appearance, Color, And Finish: The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit.

            g.   Signs: All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

            h.   Code Compliance: A small residential wind energy system including tower shall comply with all applicable state construction and electrical codes, and the national electrical code.

            i.   Utility Notification And Interconnection: Small residential wind energy systems that connect to the electric utility shall comply with the public service commission of New Mexico rules.

            j.   Sound: Small residential wind energy systems shall not exceed sixty (60) dBA, as measured on any adjacent properties. The level, however, may be exceeded during short term events such as utility outages and/or severe wind storms.

      B.   Permit Requirements:

         1.   Building Permit: A building permit shall be required for the installation of a small residential wind energy system.

         2.   Documents: The building permit application shall be accompanied by a plot plan which includes the following:

            a.   Property lines and physical dimensions of the property;

            b.   Location, dimensions, and types of existing major structures on the property;

            c.   Location of the proposed wind system tower;

            d.   The right of way of any public road that is contiguous with the property;

            e.   Any overhead utility lines;

            f.   Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed);

            g.   Tower foundation blueprints or drawings;

            h.   Tower blueprint or drawing;

         3.   Fees: The application for a building permit for a small residential wind energy system must be accompanied by the fee required for a building permit for a permitted accessory use.

         4.   Expiration: A permit issued pursuant to this use shall expire if:

            a.   The small residential wind energy system is not installed and functioning within six (6) months from the date the permit is issued; or

            b.   The small residential wind energy system is out of service or otherwise unused for a continuous twelve (12) month period.

      C.   Abandonment:

         1.   A small residential wind energy system that is out of service for a continuous twelve (12) month period will be deemed to have been abandoned. The chief building inspector may issue a notice of abandonment to the owner of a small residential wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within thirty (30) days from notice receipt date. The chief building inspector shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

         2.   If the small residential wind energy system is determined to be abandoned, the owner of a small residential wind energy system shall remove the wind generator and the tower at the owner's sole expense within ninety (90) days of receipt of notice of abandonment. If the owner fails to remove the wind generator and the tower, the chief building inspector may pursue a legal action to have the wind generator and tower removed at the owner's expense.

      D.   Building Permit Procedure:

         1.   An owner shall submit an application to the chief building inspector for a building permit for a small residential wind energy system. The application must be on a form approved by the chief building inspector and must be accompanied by two (2) copies of the plot plan identified in subsection B2 of this use.

         2.   The chief building inspector shall issue a permit or deny the application within one month of the date on which the application is received.

         3.   The chief building inspector shall issue a building permit for a small residential wind energy system if the application materials show that the proposed small wind energy system meets the requirements of this use.

         4.   If the application is approved, the chief building inspector will return one signed copy of the application with the permit and retain the other copy with the application.

         5.   If the application is rejected, the chief building inspector will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may reapply if the deficiencies specified by the chief building inspector are resolved.

         6.   The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small residential wind energy system is complete.

      E.   Administration And Enforcement:

         1.   This use shall be administered by the chief building inspector or other official as designated.

         2.   The chief building inspector may issue orders to abate any violation of this use.

         3.   The chief building inspector may issue a citation for any violation of this use.

         4.   The chief building inspector file a complaint for any violation of this use to municipal court.

      F.   Penalties: Any person who fails to comply with any provision of this use or a building permit issued pursuant to this use shall be subject to enforcement and penalties as stipulated in section 9-3-9 of this title. (Ord. 2002-02, 1-17-2002; amd. Ord. 2008-05, 7-15-2008; Ord. 2011-01, 1-11-2011; Ord. 2021-08, 9-14-2021)

   A.   Minimum Lot Area: Twenty one thousand (21,000) square feet. Lots that were legally platted into sizes less than twenty one thousand (21,000) square feet before December 31, 1999, are considered developable, nonconforming lots. All lot fronts shall be adjacent to and share a common boundary with a public right of way.

   B.   Minimum Front Lot Width: One hundred feet (100'); cul-de-sac lots shall have a minimum width of thirty feet (30'); lots with a twenty percent (20%) slope or greater shall have a minimum width of two hundred feet (200'); cul-de-sac lots with a twenty percent (20%) slope or greater shall have a minimum width of fifty feet (50').

   C.   Minimum Setbacks:

      1.   Minimum front setback: Twenty five feet (25') from any road frontage.

      2.   Minimum side setback: Ten feet (10').

      3.   Minimum rear setback: Twenty feet (20').

      4.   Minimum setback from Mountain View Boulevard and Highway 64: Forty five feet (45').

      5.   Twenty percent (20%) slope lot, minimum front setback: May be reduced with council approval. The percent slope of a lot is measured from the middle point of the front lot line to the middle point of the rear lot line. The formula for determining the slope of a lot is listed in section 9-2-1 of this title.

   D.   Accessory Building: Two hundred (200) square foot maximum on a permanent foundation. One allowed per lot and is to be architecturally compatible with the main structure.

   E.   Maximum Building Height:

      1.   Principal building: Thirty five feet (35') measured from high side of final grade to highest point of roof. In no case shall the height of any structure exceed the top horizon ridgeline as seen from the intersection of Mountain View Boulevard and North Angel Fire Road.

      2.   Garage: If attached, no higher than the principal building.

      3.   Accessory building and detached garages: Twenty four feet (24').

   F.   Open Space Required: Fifty five percent (55%) of the lot area shall be open, unencumbered and free of any building, structure, parking, or driveways.

   G.   Private Roadways And Driveways: See section 9-7-12 of this title.

   H.   Surface Water Runoff: The building and/or grading shall not adversely change water runoff onto adjacent parcels or onto public right of way.

   I.   On Site Wastewater Treatment Systems: Must comply with NMED regulations. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2006-11, 10-19-2006; Ord. 2021-9, 9-14-2021)

   A.   A minimum of two (2) spaces per dwelling unit is required.

   B.   Recreational vehicles ("RV") may be parked and/or occupied in open, unscreened areas for not more than one week at a time, not to exceed four (4) weeks per year. Long term use of an RV as a dwelling is not permitted. (Ord. 2002-02, 1-17-2002)

   A.   Pets: No large animals (including horses, llamas, etc.), or noncompanion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this title for additional lighting requirements. (Ord. 2002-02, 1-17-2002)

   D.   Vehicle Storage: See subsection 9-7-9B of this title. (Ord. 2004-03, 4-20-2004)

   E.   Fences And Walls:

      1.   Fences and walls:

         a.   Require a permit and/or must be included on a site plan;

         b.   Shall have a maximum height of six feet (6'); and

      2.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot, and the required open space shall not contain any area enclosed by solid fencing.

      3.   Entry gates are permitted as per subsection 9-7-10D of this title. (Ord. 2002-02, 1-17-2002)

   F.   Architectural Appropriateness:

      1.   Roofs shall be made from a nonreflective material, with a minimum twelve inch (12") overhang unless inappropriate to the house style. Parapet walls shall not require an overhang. (Ord. 2013-07, 8-13-2013)

      2.   Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the village as outlined in section 9-7-11 of this title. (Ord. 2002-02, 1-17-2002)

The purpose for which the R-2 district is created is to provide areas for more intensive residential development than allowed in the R-1 district, along with customary accessory uses. (Ord. 2002-02, 1-17-2002)

R-1 (all provisions).

Accessory uses common to low density residential property (garages, storage units).

Bed and breakfast (must meet state regulations).

Dwelling unit(s): Maximum of four (4) attached dwelling units.

Group homes.

Home occupations: See section 9-7-6 of this title.

Planned unit developments.

Townhouse subdivision lots. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005)

Detached garages for single-family dwellings only, provided all setbacks and open space requirements are met and structure is architecturally compatible with the principal building; minimum building separation of ten feet (10'), including eaves, and a maximum floor area of eight hundred fifty (850) square feet.

Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation. (Ord. 2002-02, 1-17-2002)

   A.   Maximum Density: Eight (8) dwelling units per acre.

   B.   Minimum Lot Area: Twenty one thousand (21,000) square feet. Lots that were legally platted into sizes less than twenty one thousand (21,000) square feet before December 31, 1999, are considered developable, nonconforming lots.

   C.   Minimum Front Lot Width: One hundred feet (100'); cul-de-sac lots shall have a minimum width of thirty feet (30'); lots with a twenty percent (20%) slope or greater shall have a minimum width of two hundred feet (200'); cul-de-sac lots with a twenty percent (20%) slope or greater shall have a minimum width of fifty feet (50').

   D.   Minimum Setbacks:

      1.   Minimum front setback: Twenty five feet (25') (any road frontage).

      2.   Minimum side setback: Ten feet (10').

      3.   Minimum rear setback: Twenty feet (20').

      4.   Minimum setback from Mountain View Boulevard and Highway 64: Forty five feet (45').

   E.   Accessory Building: Shall be on a permanent foundation, one per unit plus one for complex.

   F.   Private Garages: Private garages accessory to the principal permitted use shall be consistent with this title and the building codes and aesthetically compatible.

   G.   Maximum Building Height:

      1.   Principal building(s): Thirty five feet (35').

      2.   Accessory building: Sixteen feet (16').

   H.   Open Space: Forty percent (40%) of the lot area shall be open, unencumbered and free of any building, structure, parking or driveways.

   I.   Private Roadways And Driveways: See section 9-7-12 of this title.

   J.   Surface Water Runoff: The building and/or parking lots shall not place water runoff onto adjacent lots or onto public rights of way.

   K.   On Site Wastewater Treatment Systems: Must comply with NMED regulations.

   L.   Townhouse Subdivision Lots:

      1.   Minimum lot area: Two thousand five hundred (2,500) square feet.

      2.   Minimum front lot width: Twenty five feet (25').

      3.   Minimum side setback: Interior lots, zero feet (0'); exterior lots, ten feet (10').

      4.   All other development standards and provisions of this article shall apply. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2005-01, 1-20-2005; Ord. 2006-11, 10-19-2006; Ord. 2021-9, 9-14-2021)

   A.   Minimum of two (2) spaces for each dwelling unit, plus one guest parking space per two (2) dwelling units.

   B.   Clear sight triangles shall be maintained at all points of ingress/egress to the public right of way.

   C.   Recreational vehicles (RVs) may not be parked for more than one week at a time for up to four (4) weeks per year. Long term use of motor home or RV as a dwelling is not permitted. (Ord. 2002-02, 1-17-2002)

   A.   Pets: No large animals (including horses, llamas, etc.), or noncompanion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this title for additional lighting requirements. (Ord. 2002-02, 1-17-2004)

   D.   Vehicle Storage: See subsection 9-7-9B of this title. (Ord. 2004-03, 4-20-2004)

   E.   Fences And Walls:

      1.   Fences and walls:

         a.   Require a permit and/or must be included on a site plan;

         b.   Shall have a maximum height of six feet (6'); and

      2.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot, and the required open space shall not contain any area enclosed by solid fencing. (Ord. 2002-02, 1-17-2002)

   F.   Architectural Appropriateness:

      1.   Roofs shall be made from a nonreflective material, with a minimum twelve inch (12") overhang unless inappropriate to the house style. Parapet walls shall not require an overhang. (Ord. 2013-07, 8-13-2013)

      2.   Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the village as outlined in section 9-7-11 of this title. (Ord. 2002-02, 1-17-2002)

The purpose for which the R-3 district is created is to provide areas for more intensive development than allowed in the R-2 districts, along with customary accessory uses. (Ord. 2002-02, 1-17-2002)

R-2 permitted uses.

Bed and breakfast (must meet state regulations).

Dwelling units, attached; maximum of twenty (20).

Garage, storage unit, carport, gazebo for on site residential unit use only.

Group homes.

Home occupations: See section 9-7-6 of this title.

Planned unit developments. (Ord. 2002-02, 1-17-2002)

Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation.

Public schools. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005)

   A.   Maximum Density: Twenty (20) dwelling units per acre.

   B.   Minimum Lot Area: Twenty one thousand (21,000) square feet. Lots that comply with minimum state requirements for water and wastewater standards may have a minimum area of one thousand (1,000) square feet.

   C.   Minimum Front Lot Width: One hundred feet (100'); lots with a twenty percent (20%) slope or greater shall have a minimum width of two hundred feet (200'). No minimum lot width shall be required for lots that comply with minimum state requirements for water and wastewater standards.

   D.   Minimum Setbacks:

      1.   Minimum front setback: Twenty five feet (25') from any road frontage.

      2.   Minimum side setback: Ten feet (10').

      3.   Minimum rear setback: Twenty feet (20').

      4.   Minimum setback from Mountain View Boulevard and Highway 64: Forty five feet (45').

   E.   Accessory Buildings: Shall be on a permanent foundation and be aesthetically compatible with principal structure.

   F.   Maximum Building Height:

      1.   Principal building(s): Thirty five feet (35').

      2.   Accessory building(s): Sixteen feet (16').

   G.   Open Space: Ten percent (10%) of the lot area shall be open, unencumbered and free of any building, structure, parking or driveway. Village council may approve designated areas and adjustments to this provision with the consideration of an approved site plan.

   H.   Private Roadways And Driveways: See section 9-7-12 of this title.

   I.   Surface Water Runoff: The building and/or parking lots shall not place water runoff onto adjacent lots or onto public rights of way. (Ord. 2002-02, 1-17-2002; amd. Ord. 2006-11, 10-19-2006; Ord. 2021-9, 9-14-2021; Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024)

   A.   Minimum of two (2) spaces for each dwelling unit, plus one guest space for each three (3) dwelling units.

   B.   Clear sight triangles shall be maintained at all points of ingress/egress to the public right of way.

   C.   Recreational vehicles may be parked in open, unscreened areas for not more than one week at a time, not to exceed four (4) weeks per year. Long term use of an RV as a dwelling is not permitted. (Ord. 2002-02, 1-17-2002)

   A.   Pets: No large animals (including horses, llamas, etc.), or noncompanion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this title for additional lighting requirements. (Ord. 2002-02, 1-17-2002)

   D.   Vehicle Storage: See subsection 9-7-9B of this title. (Ord. 2004-03, 4-20-2004)

   E.   Fences And Walls:

      1.   Fences and walls:

         a.   Require a permit and/or must be included on a site plan;

         b.   Shall have a maximum height of six feet (6'); and

      2.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot, and the required open space shall not contain any area enclosed by solid fencing. (Ord. 2002-02, 1-17-2002)

   F.   Architectural Appropriateness:

      1.   Roofs shall be made from a nonreflective material, with a minimum twelve inch (12") overhang unless inappropriate to the house style. Parapet walls shall not require an overhang. (Ord. 2013-07, 8-13-2013)

      2.   Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the village as outlined in section 9-7-11 of this title. (Ord. 2002-02, 1-17-2002)

The R-4 district permits low density single-family housing and uses incidental thereto, including limited equestrian uses. Clustering of houses is recommended. (Ord. 2002-02, 1-17-2002)

R-1 permitted uses.

Home occupations: See section 9-7-6 of this zoning code.

Horses: Large animals and noncompanion animals not allowed except horses.

   A.   One horse per acre.

   B.   Not to be pastured closer than one hundred feet (100') of a stream or wetland.

   C.   Barn or stable required, with a maximum size of three thousand (3,000) square feet, and a minimum size of two hundred (200) square feet.

   D.   Fencing required; no barbed wire or razor ribbon.

   E.   Animal odors must be controlled.

Planned unit developments.

Single-family residences. (Ord. 2002-02, 1-17-2002; amd. 2003 Code)

Accessory living quarters, one, not to exceed fifty percent (50%) of the principal building floor area.

Detached garages, provided all setbacks and open space requirements are met and the structure is architecturally compatible with the principal building.

Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation.

Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2002-02, 1-17-2002; amd. Ord. 2024-04, 12-24-2024)

   A.   Maximum Density: One dwelling unit per 2.5 acres.

   B.   Minimum Lot Area: 2.5 acres. Lots that were legally platted into sizes less than 2.5 acres before December 31, 1999, are considered developable, nonconforming lots.

   C.   Minimum Front Lot Width: Two hundred feet (200').

   D.   Minimum Setbacks:

      1.   Minimum front setback: Twenty five feet (25') from any road frontage.

      2.   Minimum side setback: Ten feet (10').

      3.   Minimum rear setback: Twenty feet (20').

      4.   Minimum setback from Mountain View Boulevard and Highway 64: Forty five feet (45').

   E.   Accessory Buildings: Must be on a permanent foundation, and aesthetically compatible.

   F.   Maximum Building Height:

      1.   Principal building: Thirty five feet (35').

      2.   Accessory building: Twenty five feet (25').

   G.   Open Space: Sixty five percent (65%) of the lot area shall be open, unencumbered, and free of any building, structure, corral, parking or driveways.

   H.   Private Roadways And Driveways: See section 9-7-12 of this title.

   I.   Surface Water Runoff: The building and/or grading shall not adversely change water runoff onto adjacent lots or on public rights of way.

   J.   On Site Wastewater Treatment Systems: Must comply with NMED regulations. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2021-9, 9-14-2021)

   A.   A minimum of two (2) spaces per dwelling unit is required.

   B.   Recreational vehicles ("RV") may be parked and/or occupied in open unscreened area for not more than one week at a time, not to exceed four (4) weeks per year. Long term use of an RV as a dwelling is not permitted. (Ord. 2002-02, 1-17-2002)

   A.   Pets: One horse per acre is permitted. No large animals (llamas, etc.), or noncompanion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this title for additional lighting requirements. (Ord. 2002-02, 1-17-2004)

   D.   Vehicle Storage: See subsection 9-7-9B of this title. (Ord. 2004-03, 4-20-2004)

   E.   Fences And Walls:

      1.   Fences and walls:

         a.   Require a permit and/or must be included on a site plan;

         b.   Shall have a maximum height of six feet (6'); and

      2.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot. Nonopaque fences of sealed wood, painted steel, or a combination thereof are permitted anywhere within the buildable area of the lot.

      3.   Entry gates are permitted as per subsection 9-7-10D of this title. (Ord. 2002-02, 1-17-2002)

   F.   Architectural Appropriateness:

      1.   Roofs shall be made from a nonreflective material, with a minimum twelve inch (12") overhang unless inappropriate to the house style. Parapet walls shall not require an overhang. (Ord. 2013-07, 8-13-2013)

      2.   Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the village as outlined in section 9-7-11 of this title. (Ord. 2002-02, 1-17-2002)

The R-5 district is intended for both attached and detached single-family housing organized around cul-de-sacs or short loop streets with lot lines designed to maximize open space. (Ord. 2002-02, 1-17-2002)

Home occupations: See section 9-7-6 of this title.

Planned unit developments.

Single-family residences. (Ord. 2002-02, 1-17-2002)

R-1 permitted uses.

Detached garages, provided all setbacks and open space requirements are met and structure is architecturally compatible with the principal building.

Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation.

Wireless telecommunication towers:

      1.   Area Preservation: Preferred site location and development of wireless telecommunication facilities shall preserve the existing character of the surrounding land uses and buildings and the aesthetic visual character of the area. Where technically feasible, new facilities shall use the most preferred facility type. The order of preference for new facilities is as follows from most preferred to least preferred:

         a.   Colocation on an existing tower;

         b.   Antennas attached to existing structures such as buildings, light poles, and utility poles;

         c.   Concealed or camouflaged facilities;

         d.   Colocated with water tower or other public facilities;

         e.   New towers/facilities under fifty feet (50') in height;

         f.   New towers/facilities under one hundred feet (100') in height; and

         g.   New towers/facilities over one hundred feet (100') in height.

      2.   Preferred Type And Location: New facilities shall use the most preferred facility type and locations where technically feasible, even if it results in an increase in the number of facilities or at a higher cost. A lesser preferred facility type may be permitted only if the applicant presents substantial evidence to show that it will have a lesser visual impact or is more technically necessary than the use of more preferred facilities.

      3.   Disfavored Facilities:

         a.   Any site within a visual corridor as identified in the village master plan;

         b.   Sites on ridgelines exposed to view from Mountain View Boulevard or Highway 64; and

         c.   Sites adjacent to or very close to residential areas.

      4.   Design Requirements:

         a.   Height: New facilities shall not exceed one hundred fifty feet (150') in height.

         b.   Setback: The setback for towers is one hundred five percent (105%) of the tower height from all property lines; or setback may be reduced if there is a dedicated "fall zone" easement on adjacent properties; or setback may be thirty percent (30%) of tower height if the registered engineer who designed the tower can prove that in case of failure, the tower would be contained on site. Guys and accessory buildings must meet O-1 setbacks.

         c.   Colors And Materials: Towers and attached antennas must be painted or coated in a color that blends with the surrounding environment. All associated structures must be painted or otherwise match the same color as the tower.

         d.   Fencing: The tower and equipment building shall be fenced unless the tower is a flagpole, utility pole, or a camouflaged facility.

         e.   Lighting: Lighting on any tower is prohibited unless required by the federal aviation administration or by other applicable state or federal requirements. Motion detecting lighting may be used around equipment or accessory structures for security purposes.

         f.   Signs: Signage is limited to small nonilluminated identification and warning signs.

      5.   Terms Of Permit: Renewal of a conditional use permit shall be based on the compliance with the conditions of approval. (Ord. 2002-02, 1-17-2002; amd. Ord. 2024-04, 12-24-2024)

   A.   Maximum Density: One dwelling unit per five (5) acres.

   B.   Minimum Lot Area: Five (5) acres. Lots that were legally platted with less than five (5) acres before December 31, 1999, are considered developable, nonconforming lots. (Ord. 2002-02, 1-17-2002)

   C.   Minimum Front Lot Width: Sixty feet (60'); lots with a twenty percent (20%) slope or greater shall have a minimum width of two hundred feet (200').

   D.   Minimum Setbacks:

      1.   Minimum front setback: Twenty five feet (25') from any road frontage.

      2.   Minimum side setback: Ten feet (10').

      3.   Minimum rear setback: Twenty feet (20').

      4.   Minimum setback from Mountain View Boulevard and Highway 64: Forty five feet (45').

   E.   Accessory Buildings: Shall be on a permanent foundation and be aesthetically compatible.

   F.   Maximum Building Height:

      1.   Principal building: Thirty five feet (35').

      2.   Accessory building: Twenty four feet (24').

   G.   Open Space: Ninety percent (90%) of the lot area shall be open, unencumbered, and free of any building, structure, parking, or driveways.

   H.   Private Roadways And Driveways: See section 9-7-12 of this title.

   I.   Surface Water Runoff: The building and/or grading shall not adversely change water runoff onto adjacent lots or on public rights of way.

   J.   On Site Wastewater Treatment Systems: Must comply with NMED regulations. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2006-11, 10-19-2006)

   A.   Dwelling Unit: Minimum of two (2) spaces for each residential unit.

   B.   Recreational Vehicle: Recreational vehicles (RVs) may not be parked for more than one week at a time for up to four (4) weeks per year. Long term use of motor home or RV as a dwelling is not permitted. (Ord. 2002-02, 1-17-2002)

   A.   Pets: No large animals or noncompanion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this title for additional lighting requirements. (Ord. 2002-02, 1-17-2004)

   D.   Vehicle Storage: See subsection 9-7-9B of this title. (Ord. 2004-03, 4-20-2004)

   E.   Fences And Walls:

      1.   Fences and walls:

         a.   Require a permit and/or must be included on a site plan;

         b.   Shall have a maximum height of six feet (6'); and

      2.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot, and the required open space shall not contain any area enclosed by opaque fencing.

      3.   Entry gates are permitted as per subsection 9-7-10D of this title. (Ord. 2002-02, 1-17-2002)

   F.   Architectural Appropriateness:

      1.   Roofs shall be made from a nonreflective material, with a minimum twelve inch (12") overhang unless inappropriate to the house style. Parapet walls shall not require an overhang. (Ord. 2013-07, 8-13-2013)

      2.   Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the village as outlined in section 9-7-11 of this title. (Ord. 2002-02, 1-17-2002)

The purpose of the R-6 district is to provide areas for medium density residential development for manufactured homes along with customary accessory uses. (Ord. 2002-02, 1-17-2002)

Accessory building not to exceed two hundred (200) square feet, on a permanent foundation, having residential uses customarily incidental to single-family dwelling units.

Dwelling unit: One single-family manufactured housing unit per lot.

Garages, private, accessory to the principal permitted use shall be consistent with this zoning code and the building codes and aesthetically compatible.

Greenhouse or gazebo for personal use.

Home occupations: See section 9-7-6 of this zoning code. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004)

Grazing: Granted in one year increments, in areas of forty (40) acres or larger. This is to be reviewed annually for continuation of permit based on contiguous land uses and impact on natural vegetation.

Mobile home park, rental spaces. (Ord. 2002-02, 1-17-2002)

   A.   Minimum Lot Area: Five thousand (5,000) square feet. Lots that comply with minimum state requirements for water and wastewater standards may have a minimum area of one thousand (1,000) square feet.

   B.   Maximum Density: Twenty (20) dwelling units per acre.

   C.   Minimum Front Lot Width: Sixty feet (60'). No minimum lot width shall be required for lots that comply with minimum state requirements for water and wastewater standards.

   D.   Minimum Setbacks:

      1.   Minimum front setback: Fifteen feet (15') from any road frontage.

      2.   Minimum side setback: Eight feet (8').

      3.   Minimum rear setback: Ten feet (10').

      4.   Minimum setback from Mountain View Boulevard and Highway 64: Forty five feet (45').

   E.   Accessory Buildings: Shall be on a permanent foundation and aesthetically compatible.

   F.   Maximum Building Height:

      1.   Principal building: Twenty five feet (25').

      2.   Accessory building: Sixteen feet (16').

      3.   Garages: No higher than principal building.

   G.   Open Space: Ten percent (10%) of the lot area shall be open, unencumbered and free of any building, structure, parking or driveways. Village council may approve designated areas and adjustments to this provision with the consideration of an approved site plan.

   H.   Private Roadways And Driveways: See section 9-7-12 of this zoning code.

   I.   Surface Water Runoff: The building and/or grading shall not adversely change water runoff onto adjacent lots. (Ord. 2002-02, 1-17-2002; amd. Ord. 2021-9, 9-14-2021; Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024)

   A.   A minimum of two (2) spaces per dwelling unit is required.

   B.   Recreational vehicles (RVs) may be parked in open, unscreened areas for not more than one week at a time, not to exceed four (4) weeks per year. Long term use of an RV as a dwelling is not permitted. (Ord. 2002-02, 1-17-2002)

   A.   Pets: No large animals (horses, llamas, etc.), or noncompanion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Aboveground Or Underground Tanks: All propane tanks may be installed aboveground or underground. Tanks installed aboveground shall be screened from view by landscaping or by fencing as regulated by state statutes.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this zoning code for additional lighting requirements. (Ord. 2002-02, 1-17-2002)

   D.   Vehicle Storage: See subsection 9-7-9B of this zoning code. (Ord. 2004-03, 4-20-2004)

   E.   Fences And Walls:

      1.   Fences and walls:

         a.   Require a permit and/or must be included on a site plan;

         b.   Shall have a maximum height of six feet (6'); and

      2.   Opaque fences and walls and chainlink fencing shall not be used around the perimeter of the lot, and the required open space shall not contain any area enclosed by solid fencing.

   F.   Architectural Appropriateness:

      1.   All structures in this district must be skirted (siding to the ground) with a material consistent with the exterior of the home.

      2.   All structures shall be permanently attached to the ground or foundation.

      3.   Colors must be compatible with mountain environment as outlined in section 9-7-11 of this zoning code. (Ord. 2002-02, 1-17-2002)

The R-7 district permits low and medium-density single-family housing, accessory dwelling units and home occupational uses that are deemed appropriate. Clustering of lots and houses is recommended. (Ord. 2021-01, 1-12-2021)

C-1, C-2, O-1, O-2 and R-5 for planned housing developments and subdivisions (Core Area). (Ord. 2021-01, 1-12-2021)

Accessory living quarters, maximum one per single-family lot, on permanent foundations and not to exceed fifty percent (50%) of the principal dwelling floor area.

Bed & Breakfast (must meet state regulations).

Detached garages, provided all setbacks and open space requirements are met and the structure is architecturally compatible with the principal dwelling.

Home occupations: Including in the accessory building or accessory living quarters (See section 9-7-6 of this zoning code).

Non-commercial greenhouse or gazebo. (Ord. 2021-01, 1-12-2021)

   A.   Maximum Density: Two (2) dwelling units per lot with only one being the principle dwelling unit with a maximum of three (3) permanent structures per Village Home District single lot provided all setbacks and open space requirements are met and all the structures are architecturally compatible with the principal building.

   B.   Minimum Lot Area:

      1.   Seven thousand five hundred (7,500) square feet per lot with a maximum total lot density of three (3) lots per acre of the total subdivision acreage.

   C.   Minimum Setbacks:

      1.   Minimum front setback for cluster subdivisions: Ten feet (10') from any road frontage right of way/easement.

      2.   Minimum front setback for rezoning of MVB - Mountain View Boulevard North Corridor Overlay Zone must maintain the Fifty foot (50') from Mountain View Boulevard or U.S. Highway 64.

      3.   Minimum side setback for cluster subdivisions: Ten feet (10').

      4.   Minimum rear setback for cluster subdivisions: Fifteen feet (15').

   D.   Maximum Building Height:

      1.   Principal dwelling: Thirty-five feet (35').

      2.   Accessory building: Thirty feet (30').

   E.   Open Space: Twenty-five percent (25%) of the lot area shall be open, unencumbered, and free of any building, structure, parking or driveways.

   F.   Private Roadways and Driveways: See section 9-7-12 of this title.

   G.   Surface Water Runoff: The building and/or grading shall not adversely change water runoff onto adjacent lots or on public rights of way. (Ord. 2021-01, 1-12-2021)

   A.   A minimum of two (2) spaces per principal dwelling unit is required.

   B.   A minimum of one (1) space per accessory living quarters is also required.

   C.   Recreational vehicles (“RV”) may not be parked for more than one week at a time, not to exceed four (4) weeks per year. Long term use of an RV as a dwelling is not permitted. (Ord. 2021-01, 1-12-2021)

   A.   Pets: No large animals (including horses, llamas, etc.) or non-companion animals (including livestock and farm animals such as chickens or goats) are permitted.

   B.   Propane Tanks:

      1.   Tanks: All propane tanks must be installed underground in vaults that meet regulatory standards.

      2.   Location: A propane tank may not be located on or in a setback. The location of a propane tank shall be identified on the site plan.

   C.   Exterior Lighting: Exterior lighting shall be arranged so that lights neither unreasonably disturb adjacent properties nor interfere with driver vision. Refer to section 9-7-8 of this title for additional lighting requirements.

   D.   Vehicle Storage: See subsection 9-7-9B of this title.

   E.   Fences and Walls:

      1.   Require a permit and/or must be included on a site plan;

      2.   Shall have a maximum height of six feet (6'); and

      3.   Opaque fences and walls of chain-link and stockade fencing shall not be installed around the perimeter of the lot. Non-opaque decorative fences of sealed wood, painted steel, or a combination thereof are permitted anywhere within the buildable area of the lot.

   F.   Architectural Appropriateness:

      1.   Roofs shall be made from a nonreflective material, with a minimum twelve-inch (12") overhang unless inappropriate to the house style. Parapet walls shall not require an overhang.

      2.   Colors, styles and materials of all structures and buildings shall be aesthetically compatible with the Rocky Mountain environment of the village as outlined in section 9-7-11 of this title. (Ord. 2021-01, 1-12-2021)