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Angel Fire City Zoning Code

CHAPTER 11

COMMERCIAL DISTRICTS

9-11A-1: PURPOSE:

The purpose for which the C-1 district is created is to allow the use of land for retail, office and service commercial uses with customary accessory uses. (Ord. 2002-02, 1-17-2002)

9-11A-2: PERMITTED USES:

R-1, R-2, R-3, R-4, R-5 permitted uses.
Business and commercial establishments:
Any of the following:
Banking and financial services;
Business and personal services;
Commercial retail and services;
Eating and drinking establishments;
General and professional offices;
Hotels, lodges and motels.
Medical and related facilities;
Private educational facilities; and
Shopping centers.
All proposed business and commercial establishments greater than ten thousand (10,000) square feet of gross floor area must secure site plan approval from council, with a recommendation from the commission.
Churches and related facilities;
Governmental offices and facilities.
Public utility distribution structures. (Ord. 2002-02, 1-17-2002)

9-11A-3: CONDITIONAL USES:

   A.   General Provisions:
      1.   Any permitted use reasonably anticipated to create one or more of the hazards listed (unusual traffic hazards, noise, dust, fumes, odors, smoke, vapor, vibration, glare, or industrial waste disposal problems) or any other environmental hazard shall require a conditional use permit.
      2.   Whenever an otherwise permitted use in the C-1 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. (Ord. 2002-02, 1-17-2002)
   B.   Conditional Uses Enumerated:
Accessory building:
      1.   One per principal building.
      2.   Minimum of one hundred fifteen (115) square feet on a permanent foundation.
Flea markets.
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.
1. Minimum Lot Area: Four thousand (4,000) square feet.
2. Maximum Density: Eight (8) dwelling units per acre.
3. Minimum Front Lot Width: Forty feet (40').
4. Minimum Setbacks:
   a. Minimum front setback: Ten feet (10') from any road frontage.
   b. Minimum side setback: Eight feet (8').
   c. Minimum rear setback: Five feet (5').
   d. Minimum setback from all property lines: Fifteen feet (15').
5. Private Roadway Width: All internal private roads shall be twenty five feet (25') in width.
6. Location Of Mobile Homes; Access: No mobile home spaces are allowed to front on a public right of way; all access to individual mobile home spaces shall be on internal roadways.
7. Lighting And Landscaping: A night lighting plan and landscaping plan are required as part of the site plan.
8. Signs: Signage will be as per chapter 8 of this zoning code.
Planned unit development (PUD).
RV park.
1. Minimum Lot Size; Location: Three (3) acre minimum site located on an arterial or collector street.
2. Maximum Density: Twenty (20) spaces per acre.
3. Separation Between Units: Minimum twenty foot (20') separation between RV units.
4. Screening: RV park shall be screened with a six foot (6') opaque wall or fence.
5. Sanitary Facilities: If direct wastewater hookup is not available, then one each men/women full bathroom per ten (10) RV spaces is required to be provided.
6. Private Roadway Width: All internal private roads shall be a minimum of twenty five feet (25') wide.
7. Lighting And Landscaping: A night lighting plan and landscaping plan are required as part of the site plan.
8. Signs: Signage will be as per chapter 8 of this zoning code.
Recreational facilities.
Storage units. Either managed storage, self-storage, or shipping containers.
Vehicle and RV sales lots.
      1.   Outdoor sales area(s) shall be paved.
      2.   Service/maintenance/repair garage doors shall be screened from the public right of way(s).
      3.   A dealer's license is required as per New Mexico Statutes Annotated section 66-4.
      4.   All wrecked/dismantled vehicles shall be stored inside of a building or completely screened so as not visible from any adjacent lot or street. No outdoor storage is permitted. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2005-01, 1-20-2005)

9-11A-4: DEVELOPMENT STANDARDS:

   A.   Minimum Lot Area: No minimum required. Lot area must comply with minimum state requirements for water and wastewater standards.
   B.   Minimum Front Lot Width: Fifty feet (50'). No minimum lot width shall be required for lots that comply with minimum state requirements for water and wastewater standards..
   C.   Minimum Setbacks:
      1.   Minimum front setback: Ten feet (10') from any road frontage.
      2.   Minimum side setback: Ten feet (10') or zero lot line.
      3.   Minimum rear setback: Twenty feet (20').
      4.   Minimum setback from Mountain View Boulevard and Highway 64: Ten feet (10').
   D.   Minimum Principal Building Floor Area: One thousand two hundred (1,200) square feet (footprint- one thousand (1,000) square feet). No minimum required floor area for dwelling units.
   E.   Maximum Building Height: Thirty five feet (35').
   F.   Open Space: Ten percent (10%) of the lot area shall be open, unencumbered, and free of any building, structure, driveway or parking area. Village council may approve designated areas and adjustments to this provision with the consideration of an approved site plan.
G.   Off Street Parking:
 
Type Of Use
Parking Space Required
Residential
2 spaces per unit
Hotel/motel
1 space for each sleeping unit, plus 1
 
Retail
1 space per 400 square feet of heated floor area
Office
1 space per 400 square feet of heated floor area
Bars and
restaurants
1 space per 200 square feet
 
   H.   Private Roadways And Driveways: See section 9-7-12 of this zoning code.
   I.   Drive-Up Facilities: Businesses with drive-up windows or other drive-up facilities shall provide a stacking lane ten feet (10') in width and one hundred feet (100') in length leading up to each drive-up window. Drive-up windows are not allowed on commercially zoned lots adjacent to residentially zoned lots.
   J.   Clear Sight Triangles: Clear sight triangles shall be maintained at all points of ingress/egress to the public right of way.
   K.   Recreational Vehicles: Recreational vehicles (RVs), travel trailers, watercrafts, horse trailers, or utility trailers that measure more than four feet (4') high as measured from the ground, or more than twenty feet (20') in length, shall not be parked or stored in open unscreened areas or on any public right of way overnight. This provision does not apply to commercial vehicles, equipment, and trailers utilized on a day to day basis by a business registered with the village or village of Angel Fire vehicles, equipment or trailers, or approved RV parks. Any other vehicle parked on any lot, unless garaged or screened from view from any adjacent street or adjacent properties, must be operable.
   L.    Surface Water Runoff: The building and/or parking lot shall not adversely change water runoff onto adjacent lots or onto public rights of way. (Ord. 2002-02, 1-17-2002; amd. Ord. 2004-03, 4-20-2004; Ord. 2005-01, 1-20-2005; Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024)

9-11A-5: MISCELLANEOUS PROVISIONS:

   A.   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.
   B.   Fences And Walls:
      1.   Fences and walls:
         a.   Need a permit and/or must be on site plans.
         b.   Shall be architecturally appropriate.
         c.   Shall have the same setback from the road as the principal building.
      2.   The use of barbed wire and/or razor ribbon is prohibited.
   C.   Hazardous Activities: Any possible hazardous activity shall require a conditional use permit. Those include, but are not limited to, unusual traffic hazard or any significant noise, dust, vapor, fumes, odors, smoke, vibration, glare, explosives, or industrial waste disposal problems. (Ord. 2002-02, 1-17-2002)

9-11B-1: PURPOSE:

The intent for which the C-2 district is created is the use of land for commercial purposes and restricting limited industrial purposes, with customary accessory uses. All accessory equipment and materials shall be screened from view. (Ord. 2002-02, 1-17-2002)

9-11B-2: PERMITTED USES:

R-2 and R-3 residential; all permitted uses.
C-1 permitted uses; all provisions.
Auto repair, major.
Service oriented businesses.
Storage (facility) units. (Ord. 2002-02, 1-17-2002)

9-11B-3: CONDITIONAL USES:

   A.   General Provisions:
      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.
Cannabis Establishment.
      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.
   Cannabis Manufacturing.
      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.
Flea markets.
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.
      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 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)

9-11B-4: DEVELOPMENT STANDARDS:

   A.   Minimum Lot Area: No minimum required. Lot area must comply with minimum state requirements for water and wastewater standards.
   B.   Minimum Setbacks:
      1.   Minimum front setback: Ten feet (10') from any road frontage.
      2.   Minimum side setback: Ten feet (10') or zero lot line.
      3.   Minimum rear setback: Twenty feet (20').
      4.   Minimum setback from Mountain View Boulevard and Highway 64: Ten feet (10').
   C.   Minimum Floor Area: One thousand two hundred (1,200) square feet for each building. No minimum required floor area for dwelling units.
   D.   Maximum Building Height: Thirty five feet (35').
   E.   Open Space: Ten percent (10%) of the lot area shall be open, unencumbered, and free of any building, structure, driveway or parking area. Village council may approve designated areas and adjustments to this provision with the consideration of an approved site plan.
   F.   Minimum Off Street Parking Requirements:
 
Type Of Use
Parking Space Required
Business
1 space per 200 square feet of heated floor area
Housing
Minimum of 2 spaces for each residential unit, plus 1/2 space per each bedroom permitted over 2
Hotel/motel
1 space for each sleeping unit, plus 1 additional space per 500 square feet of office and nonsleeping unit areas. If a business is contained in/on the hotel property, it shall provide off street parking as follows:
Retail
1 space per 400 square feet of heated floor area
Office
1 space per 400 square feet of heated floor area
Bars and
restaurants
1 space per 200 square feet
 
   G.    Private Roadways And Driveways: See section 9-7-12 of this zoning code.
   H.    Drive-Up Facilities: Businesses with drive-up windows or other drive-up facilities shall provide a stacking lane ten feet (10') in width and one hundred feet (100') in length leading up to each drive-up window. Drive-up windows are not allowed on commercially zoned lots adjacent to residentially zoned lots.
   I.   Clear Sight Triangles: Clear sight triangles shall be maintained at all points of ingress/egress to the public right of way.
   J.   Recreational Vehicles: Recreational vehicles (RVs), travel trailers, watercrafts, horse trailers, or utility trailers that measure more than four feet (4') high as measured from the ground, or more than twenty feet (20') in length, shall not be parked or stored in open, unscreened areas or on any public right of way overnight. This provision does not apply to commercial vehicles, equipment, and trailers utilized on a day to day basis by a business registered with the village or village of Angel Fire vehicles, equipment or trailers, or approved RV parks. Any other vehicle parked on any lot, unless garaged or screened from view from any adjacent street or adjacent properties, must be operable.
   K.   Surface Water Runoff: The building and/or parking lot shall not adversely change water runoff onto adjacent lots or onto public rights of way.
   L.    Screening: All materials and equipment shall be screened from view. (Ord. 2002-02, 1-17-2002; amd. Ord. 2005-01, 1-20-2005; Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024)

9-11B-5: MISCELLANEOUS PROVISIONS:

A. 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.
B. Fences And Walls:
1. Permit required; eight foot (8') maximum height.
2. All commercial fences and walls must be architecturally compatible with the principal building(s).
3. The use of barbed wire or razor ribbon is prohibited.
C. Hazardous Activities: Any possible hazardous activity shall require a conditional use permit. Those include, but are not limited to, unusual traffic hazard or any significant noise, dust, vapor, fumes, odors, smoke, vibration, glare, explosives, or industrial waste disposal problems. (Ord. 2002-02, 1-17-2002)

9-11C-1: PURPOSE:

The purpose for which the overlay district is created is to ensure that the Village's principal arterial streets are developed in a consistent and orderly manner that complements the natural setting of the Moreno Valley.
Currently, there are very few buildings in Angel Fire that are fifty (50) years old to qualify as historical. There is not an existing historical area to preserve. In corporate America, we are witnessing the homogenization of most cities and towns to the point that it is difficult to distinguish one main street from another. (Ord. 2016-04, 7-12-2016)

9-11C-2: PERMITTED USES:

   A.   All of the permitted uses of the underlying zone. (Ord. 2016-04, 7-12-2016)

9-11C-3: CONDITIONAL USES:

All of the conditional uses of the underlying zone, with the exception of the following:
Cannabis Establishments.
   1.   Regardless of the underlying zoning district, the property so used shall be a minimum of three hundred feet (300') from the nearest church, day care, school use, or residentially zoned property. These distances shall be measured from property line to property line, without regard to the route of normal traffic. This use is only permitted on the west side of State Highway 434.
   2.   Buildings in which a marijuana 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.
Cannabis Manufacturing.
   1.   Regardless of the underlying zoning district, the property so used shall be a minimum of three hundred feet (300') from the nearest church, day care, school use, or residentially zoned property. These distances shall be measured from property line to property line, without regard to the route of normal traffic.
   2.   Buildings in which a cannabis manufacturing use is located shall not be painted in garish colors or any other fashion to serve the same purpose as a sign. (Ord. 2016-04, 7-12-2016; amd. Ord. 2021-09, 10-12-2021; Ord. 2024-04, 12-24-2024)

9-11C-4: DEVELOPMENT STANDARDS:

   A.   Area Covered By Overlay Zone: All lots, tracts, and parcels that share a common boundary with Mountain View Boulevard or with U.S. Highway 64 shall be included in this overlay zone excluding R-1 Single Family, O-3 Greenbelts and O-4 Golf Course and Recreation areas.
   B.   Minimum Lot Area: Five thousand (5,000) square feet.
   C.   Minimum Front Lot Width: Fifty feet (50'). No minimum lot width shall be required for lots that comply with minimum state requirements for water and wastewater standards.
   D.   Building Setbacks:
      1.   Minimum front setback: Fifty feet (50') from Mountain View Boulevard or U.S. Highway 64.
      2.   Minimum side setback: Ten feet (10').
      3.   Minimum rear setback: Twenty feet (20').
   E.   Maximum Building Height: Forty feet (40'); chimneys, forty five feet (45').
   F.   Open Space: Ten percent (10%) of the lot area shall be open, unencumbered, and free of any building or structure. Village council may approve designated areas and adjustments to this provision with the consideration of an approved site plan.
   G.   Site Plan Approval Required: All additions and/or new commercial and residential projects must secure site plan approval from Council, with a recommendation from the commission prior to the issuance of a building permit.
   H.   Parking: The following requirements are in addition to the parking requirements in section 9-7-4 of this title:
      1.   Employee Parking: Must show spaces or a plan for employee parking on site plan prior to approval.
   I.   Subdivision: Any subdivision of any lot, tract, or parcel must be approved by Council with a recommendation from the Planning and Zoning Commission.
   J.   Density: Any multi-unit residential development that provides a minimum of ten (10) percent of the proposed dwelling units for households earning up to three-hundred (300) percent of are median income (AMI), as defined by the U.S. Department of Housing and Urban Development, may be entitled to a maximum density allowance of thirty (30) units per acre. Village council may consider these requests with a recommendation from the planning and zoning commission. (Ord. 2016-04, 7-12-2016; amd. Ord. 2024-01, 12-24-2024; Ord. 2024-04, 12-24-2024; Ord. 2025-01, 4-8-2025)

9-11C-5: ARCHITECTURAL GUIDELINES:

Generally accepted architectural styles shall be compatible with Angel Fire alpine environment and may include alpine mountain or territorial/Spanish revival styles.
These are characterized by deep eaves, heavy timber, rough finishes of wood and stone, steeply pitched roofs with prominent and varied roof planes. Parapet walls with earth tone stucco finishes, deep eaves, exposed wood window lintels, rounded corners on walls, doors and windows, and multiple facades stepped up and set back with each building level.
   A.   Mass Limitation: All additions and/or new commercial and residential construction that exceeds a twenty thousand (20,000) square foot footprint shall be designed in such a way that the massing appears to the viewer as two (2) or more building blocks.
   B.   Pedestrian Features: Buildings with facades that are greater than one hundred feet (100') in width shall be visually broken up with mature landscaping (see section 9-7-5 of this title), portals, covered walkways, courtyards or other design features that are pedestrian friendly. Facades shall incorporate at least one (1) or a combination of the following features along a minimum of fifty percent (50%) of the length of the primary facade:
      1.   Display windows where the overall glass height is a minimum of forty eight inches (48"), provided the sill height does not exceed forty five inches (45") above the finished floor and they shall not be mirrored or opaque along the ground floor.
      2.   Doors/entrances.
      3.   Portals, arcades, canopies, trellises, or awnings associated with windows or other three-dimensional elements that provide shade and/or weather protection.
      4.   Raised planters located adjacent to the facade, with living, vegetative materials such as ornamental grasses, vines, spreading shrubs, flowers, or trees.
      5.   Pedestrian sidewalks, a minimum of eight feet (8') in width, shall be provided along the entire length of major facades containing building entrances.
   C.   Building Facades: In order to avoid blank building facades, facades shall incorporate at least one (1) of the following features:
      1.   Wall plane projections or recesses shall be at least two feet (2') in depth, occurring at least every one hundred feet (100').
      2.   A vertical change in color, texture, or material occurring every fifty (50) linear feet.
      3.   A change in visible roof plane or parapet height (in the case of pueblo/Spanish revival style) for every one hundred feet (100') in length.
   D.   Color:
      1.   Stucco and faux rocks of earth tone shades of brown, clay or coral with wood stained trim or colored accents.
      2.   Wood/faux wood sided buildings using natural stains or earth tone colors.
      3.   The painting of any part of buildings with bold patterns, checks, and using buildings as signs is prohibited.
   E.   Rooflines:
      1.   A minimum twelve inch (12") overhang is required unless parapet walls are utilized in the design.
      2.   The use of dormer windows is encouraged. Parapet walls shall conceal the roofline completely.
      3.   Parapet roof downslopes shall face away from Mountain View Boulevard and U.S. Highway 64.
      4.   Entryways shall be designed to shed water and snow away from entries.
      5.   For roof materials, see subsection 9-7-11E of this title.
   F.   Doors And Windows: The combined door and window area in any publicly visible facade shall not exceed forty percent (40%) of the total area of the facade, except for the use of large display windows located under the portals/walkways of commercial buildings and applications of passive solar features.
   G.   Garage Doors And Drive-Through Facilities: Unscreened garage doors, automobile service bays and drive-through facilities shall not be located facing Mountain View Boulevard.
   H.   Building Service Areas: Areas for loading and unloading, trash collection and disposal, and utility services must be located away from and screened from view from Mountain View Boulevard or U.S. Highway 64.
   I.   Mechanical Design: All heating/cooling and other mechanical equipment mounted on the building must be screened from view by an architectural element of the building. Overhead wiring is prohibited.
   J.   Signage:
      1.   Only backlit signs are permitted as lighted attached signage. Monument signs may be downlighted as long as there is no light spillage to adjacent sites.
      2.   Canopy signage displaying company logos are permitted and will not be counted as part of the permitted signage, provided there is no text. Text on canopies will be calculated as part of the permitted freestanding signage.
      3.   Sign frames and posts shall be made of heavy timber. Other materials such as metal or concrete frames shall be stuccoed or have a wood veneer.
      4.   All other provisions of chapter 8 of this title shall apply.
   K.   Solar Applications: Solar and other energy collecting and conserving features are strongly encouraged to be incorporated into the structure.
      1.   Solar features shall be hidden from public view by a screening device or disguise. Screening methods include: benches, berms, landscaping or buildings to block from public view, and ground mounted apparatus. Reflected glare on nearby buildings, streets or pedestrian areas shall be avoided.
      2.   Solar wind turbines are permitted provided they do not exceed fifteen feet (15') in height measured from the ground.
   L.   Vehicular Access: Vehicular access to the site shall be from streets other than Mountain View Boulevard wherever possible. These streets shall be perpendicular to and connected to Mountain View Boulevard. However, if it is determined that vehicular access will be from Mountain View Boulevard, then ingress/egress shall be limited to two (2) driveways and will include an acceleration and deceleration lane as per NMDOT specifications.
   M.   Landscape/Screening: Landscape screening shall be provided where nonresidential development abuts residential zoning and along Mountain View Boulevard within the ten foot (10') landscape setback.
      1.   Landscape Strip: A landscape strip at least ten feet (10') in width shall be provided along the residential/nonresidential zone.
      2.   Buffer Landscaping: The buffer landscaping should consist of a mix of evergreen trees and deciduous trees. It can also be berming with shrubs and plants or mulch and moss rocks.
      3.   Wall Or Fence Required: Where parking or vehicle circulation areas are adjacent to the landscaping strip, a minimum six foot (6') high opaque wall or fence shall also be required to visually screen the parking or circulation area from the adjacent residential zone; chain-link fence with slats shall not constitute acceptable screening.
      4.   Provisions: All other provisions of section 9-7-5 of this title apply.
   N.   Lighting: The following requirements are in addition to the requirements in section 9-7-8 of this title:
      1.   The maximum height of a light pole in commercial development that falls within one hundred feet (100') of a residential zone shall be sixteen feet (16') measured from the finished grade to the top of the pole.
      2.   All other provisions of section 9-7-8 of this title apply. (Ord. 2016-04, 7-12-2016)

9-11C-6: MISCELLANEOUS STANDARDS:

   A.   All of the miscellaneous standards of the underlying zone shall apply.
   B.   1. Screening Of Recreational/Commercial Vehicles And Equipment: All recreational vehicles as well as all commercial vehicles, that are over one (1) ton, used in support of a business or any other commercial equipment parked on any lot within the MVB Overlay District shall be screened from public view and all adjacent rights-of-way.
      2.   For Sale/Abandoned: Any vehicle with a for sale sign must belong to the property owner. Any vehicle left unmoved for seventy two (72) hours will be considered abandoned.
      3.   Landscaping: The use of large caliper conifer trees is encouraged for this screening. Live vegetation used for screening from Mountain View Boulevard shall be exempted from the building permit. See section 9-7-5 of this title for additional landscaping provisions. (Ord. 2016-04, 7-12-2016)

9-11D-1: PURPOSE:

The purpose for which the HC district is created is to ensure that the village can readily accommodate land uses associated with fabrication, assembly, construction oriented businesses and support services that are necessary to complement and expand the economy of the village and in a manner consistent with the resort character of the village. Other retail sales, commodities, and professional services not listed below are prohibited land uses within this district. (Ord. 2010-04, 5-4-2010)

9-11D-2: PERMITTED USES:

Assembly and bottling plants, provided yard area is screened from adjacent properties with a solid fence construction a minimum of eight feet (8') high.
Automobile, boat, motorcycle and recreational vehicle sales and service.
Contractors' offices, shops, and yards.
Exterior storage of goods and materials provided said goods and materials are screened from adjacent properties and all adjacent rights of way with a solid fence construction a minimum of eight feet (8') high.
Feed, grain and related sales and storage.
Firewood sale, splitting and storage, provided yard area is screened from adjacent properties with a solid fence construction a minimum of six feet (6') high.
Freight houses and truck terminals.
Fuel storage facilities.
Heavy equipment sales or service or repair, provided yard area is screened from adjacent properties with a solid fence construction a minimum of eight feet (8') high.
Metal work and machine shops, provided yard area is screened from adjacent properties with a solid fence construction a minimum of eight feet (8') high.
Warehousing, storage, distribution of bulk goods.
Welding shops for repair of vehicles and equipment, provided yard area is screened from adjacent properties with a solid fence construction a minimum of six feet (6') high.
Workforce apartments integrated within the commercial structure provided said dwellings do not occupy more than twenty percent (20%) of the total floor area. (Ord. 2010-04, 5-4-2010)

9-11D-3: CONDITIONAL USES:

Any permitted use found to create one or more of the following hazards shall require a conditional use permit: unusual traffic hazard, noise, dust, fumes, odor, smoke, vapor, vibration, glare, or industrial waste disposal problems.
Auto body and paint shop, provided all structures are one hundred feet (100') away from any adjacent residential district boundary.
Kennels, commercial.
Recycling collection and separating and storage facilities.
Stables, commercial.
Wireless telecommunication towers, see section 9-11B-3 of this chapter.
Wrecker service. (Ord. 2010-04, 5-4-2010; amd. Ord. 2018-05, 11-13-2018; Ord. 2021-09, 10-12-2021)

9-11D-4: DEVELOPMENT STANDARDS:

   A.   Minimum Lot Area: Ten thousand (10,000) square feet. Lots that were legally platted into sizes less than ten thousand (10,000) square feet before December 31, 1999, are considered developable, nonconforming lots.
   B.   Minimum Lot Frontage: One hundred feet (100'); forty feet (40') on a cul-de-sac.
   C.   Minimum Setbacks:
      1.   Minimum front setback: Twenty feet (20') from any road frontage.
      2.   Minimum side setback: Twenty feet (20').
      3.   Minimum rear setback: Twenty feet (20').
   D.   Maximum Building Height: Thirty five feet (35').
   E.   Minimum Off Street Parking Requirements:
      1.   One space per four hundred (400) square feet of interior office/retail/display space; and
      2.   One space per one thousand (1,000) square feet of heated shop/plant space or one space per employee on the shift with the maximum number of employees; whichever is greater. (Ord. 2010-04, 5-4-2010)

9-11D-5: ARCHITECTURAL STANDARDS:

Generally accepted architectural styles shall be compatible with Angel Fire alpine environment and may include alpine mountain style and pueblo/Spanish revival style or a combination of these two.
   A.   Use Of Metal Buildings: Metal siding is permitted on all sides that do not face a public right of way, provided the total square footage of the building does not exceed five thousand (5,000) square feet. Permitted colors are limited to nonreflective shades of green and brown. All other colors or buildings larger than five thousand (5,000) square feet will require a conditional use permit as defined in chapter 5 of this title. In either case of permitted or CUP application, a physical sample of the siding must be submitted with the building permit application or the CUP application.
   B.   Roofline: A minimum one to twelve (1:12) pitch and a minimum six inch (6") overhang are required unless parapet walls are utilized in the design. For roof materials, see subsection 9-7-11E of this title.
   C.   Building Service Areas: Areas for loading and unloading, trash collection and disposal, and utility services must be located away from and screened from view from all public rights of way. (Ord. 2010-04, 5-4-2010)