1. Any permitted use found to create one or more of the following hazards shall require a conditional use permit: unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare, or industrial waste disposal problems.
2. Whenever an otherwise permitted use in the C-2 district becomes a conditional use because it may be reasonably anticipated to create unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare, or industrial waste disposal problems, such use shall only be approved with the following conditions:
a. The use shall be operated within an enclosed structure;
b. Noise, dust, fumes, odors, smoke, vapors, vibration, glare, or waste shall be confined to the lot on which the use is permitted;
c. Outdoor storage, equipment, and refuse areas shall be concealed from view by abutting residential districts and public rights of way; and
d. Compliance with appropriate county, state and federal environmental and other regulations.
B. Conditional Uses Enumerated:
Adult use businesses, provided:
1. The property so used shall be a minimum of seven hundred fifty feet (750') from the nearest church or school, daycare or youthcamp, and a minimum of five hundred feet (500') from the nearest residence or residentially zoned property and three hundred feet (300') from any C-1 zone. These distances shall be measured from property line to property line, without regard to the route of normal traffic.
2. The property used shall be a minimum of one thousand feet (1,000') from any other existing adult bookstore or adult theater, measured from property line to property line, without regard to the route of normal traffic.
3. Outside advertising shall be limited to one identification sign, not to exceed twenty (20) square feet. Other advertisements, displays or promotional material shall not be visible to the public from a pedestrian sidewalk or walkway or from other areas, public or semipublic.
4. Buildings in which adult use businesses are located shall not be painted in garish colors or any other fashion to serve the same purpose as a sign. All windows, doors and other apertures shall be blackened or otherwise obstructed to prevent viewing of the interior of the establishment from without.
5. The purpose of these provisions is to reduce the adverse impact of adult bookstores and adult theaters upon the village neighborhoods by:
a. Avoiding the concentration of uses that could cause or intensify physical and social blight;
b. Improving the visual appearances of adult bookstores and adult theaters;
c. Reducing the negative impacts of adult bookstores and adult theaters upon other business uses, neighborhood property values, residential areas and public and semipublic uses;
d. Ensuring that adult bookstores and adult theaters will not impede redevelopment and neighborhood revitalization efforts; and
e. Avoiding the occurrence of adult uses in heavily used public pedestrian areas.
1. The property so used shall be a minimum of three hundred feet (300') from the nearest church, day care, school use, residence or residentially zoned property. These distances shall be measured from property line to property line, without regard to the route of normal traffic. A residential use shall only be considered if it is a separately platted main use.
2. Buildings in which a cannabis establishment use is located shall not be painted in garish colors or any other fashion to serve the same purpose as a sign.
3. Retail sale of cannabis products shall be limited to those hours during which the sale of alcoholic beverages at licensed liquor establishments for on-premises consumption is permitted under the statutes and regulations of the State of New Mexico.
1. The property so used shall be a minimum of three hundred feet (300') from the nearest church, day care, school use, residence or residentially zoned property. These distances shall be measured from property line to property line, without regard to the route of normal traffic. A residential use shall only be considered if it is a separately platted main use.
2. Buildings in which a cannabis manufacturing use is located shall not be painted in garnish colors or any other fashion to serve the same purpose as a sign.
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.
RV parks and mobile home parks as per subsection
9-11A-3B of this zoning code.
RV storage: Recreational vehicles (RVs) shall not be parked or stored in open, unscreened areas or on any public right of way overnight except within an approved RV park or RV storage facility.
Storage units. Either managed storage, self-storage, or shipping containers.
Vehicle and RV sales lots per subsection
9-11A-3B of this chapter.
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.
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 C-2 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. 2003 Code; Ord. 2005-01, 1-20-2005; Ord. 2013-07, 8-13-2013; Ord. 2018-05, 11-13-2018; Ord. 2021-09, 10-12-2021; Ord. 2024-04, 12-24-2024)